Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 01/27/2009CITY COUNCIL AGENDA JANUARY 27, 2009 AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 27, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y 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 Minister Mark Pugh, Kings Crossing Church of Christ. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly Priscilla Leal John Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meeting of January 13, 2009. (Attachment # 1) Agenda Regular Council Meeting January 27, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Committee for Persons with Disabilities 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: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving a service agreement with Sierra Services, of Sinton, Texas for Mowing of Water Production Facilities, based on best value in accordance with Bid Invitation No. BI- 0164 -08 for an estimated annual expenditure of $195,410 of which $97,704.96 is budgeted for the remainder of FY 2008 -2009. The term of the service agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods Agenda Regular Council Meeting January 27, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2008 -2009. (Attachment # 3) 4. Resolution authorizing the submission of a grant application in the amount of $224,772 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department; and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5. Resolution authorizing the City Manager or designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for the 2010 Arts Subgrant Program with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts in the amount of $15,000 for the 2010 Festival of the Arts with a City match of $15,000 in the No. 1030 Arts Grants /Projects Fund. (Attachment # 6) 7. Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Downtown Police Department Building "Percent for Art" Project. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for professional services with Solka, Nava, and Torno, LLC in the amount of $39,328, for a total restated fee not to exceed $89,232 for the Wards Building Rehabilitation and Parking Lot. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Advance Funding Agreement in the amount of $13,200 for Americans with Disabilities Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37, made by and between Agenda Regular Council Meeting January 27, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. [BOND ISSUE 2004] (Attachment # 9) 9.b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik of Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for Americans with Disabilities Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. [BOND ISSUE 2004] (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $88,180.25 for a total restated fee of $1,460,600.25 for the Wood River Lift Station Force Main Extension Base Bid B Contract due to changes in bid unit quantities as a result of shifting the force main to the east and installation of a traffic island at River Wood and FM 624. (Attachment # 10) 11. Second Reading Ordinance - Authorizing the conveyance of property located within the City at 601 14th Street for an affordable housing project to Habitat for Humanity- Corpus Christi, Inc., as a qualified nonprofit corporation, subject to specified conditions; authorizing the City Manager or his designee to execute all necessary documents related to the transaction; and providing for severance. (First Reading — 1/20/09) (Attachment # 11) J. PUBLIC HEARINGS: ZONING CASES: 12. Case No. 1208 -01, Mostaghasi Investment Trust: A change of zoning from a "R -1 B" One - family Dwelling District to a "B -4" General Business District resulting in a change of land use from residential to commercial described as 11.420 acres out of Agenda Regular Council Meeting January 27, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Nueces River Irrigation Park Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard. (Attachment # 12) Planning Commission and Staff Recommendation: Denial of "B- 4" General Business District and approval of a "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the Zoning Map in reference to 11.42 acres out of east one -half (1/2) of Lot 1, Block 2, Nueces River Irrigation Park, from "R -1 B" One - family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 13. Case No. 1208 -02, Portland U -Rent It — SPID: A change of zoning from a "R -1 B" One - family Dwelling District to an "1 -3" Heavy Industrial District resulting in a change of land use from single - family residential to heavy industrial for an above ground fuel storage tank described as 400 - square feet out of Joslin Tracts Block A, Lot 5 -B located at 7336 South Padre Island Drive, approximately 1,050 feet east of Rodd Field Road. (Attachment # 13) Planning Commission and Staff Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Portland U- Rent -It, Inc., by changing the Zoning Map in reference to 400 square feet out of Joslin Tracts, Block A, Lot 5 -B, from "R -1 B" One - family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive Agenda Regular Council Meeting January 27, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 14. Case No. 1208 -03, Portland U- Rent -It — Cantwell: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District on a 900 - square foot tract of property located at 905 Cantwell Drive. (Attachment # 14) Planning Commission and Staff Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Portland U-Rent-lt, Inc., by changing the Zoning Map in reference to a 900 - square foot tract of property out of Braselton Tract from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. ZONING TEXT AMENDMENT: 15. Public hearing and First Reading Ordinance to consider amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3 -01, adding a new Article 27d, and revising Section 29 -3.13, relating to the regulations and review standards for the installation and siting of Wind Energy Systems within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; and providing for publication. (POSTPONED) (Attachment # 15) Agenda Regular Council Meeting January 27, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. Ordinance ordering a General Election to be held on April 4, 2009, in the City of Corpus Christi for the election of Mayor and eight Council Members; 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 the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour Bluff Independent School District, London Independent School District and West Oso Independent School District; selection of May 9, 2009, as the Runoff Election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 16) 17. Motion approving authorized list of financial underwriters. (Attachment # 17) 18. Motion authorizing the City Manager to enter into a contract with McCall, Parkhurst & Horton, LLP to perform bond counsel services for the City of Corpus Christi. (Attachment # 18) 19. Motion authorizing the appointment of M. E. Allison as Financial Advisor; RBC Capital Markets as Senior Manager; Estrada Hinojosa & Company, Inc., Frost Bank, Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co- Managers; and McCall, Parkhurst & Horton, LLP as Bond Counsel for City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. (Attachment # 19) L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN Agenda Regular Council Meeting January 27, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL. POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 20. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum, with possible discussion and action related in open session. Agenda Regular Council Meeting January 27, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Executive Session under Section 551.072 and Section 551.087 of the Texas Government Code Section regarding lease of real property and to discuss or deliberate regarding commercial or financial information received from a business prospect to locate, stay, or expand in or near the City of Corpus Christi Marina, with possible discussion and action in open session. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81s1 Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at , I4- p.m., on January 21, 2009. ra>‘0„19-64.1____ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 ofri IYOWNI 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 13, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez Nelda Martinez* *Arrived at 10:08 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Bierne with Travis Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of December 9, 2008 and December 16, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Electrical Advisory Board Michael Riley (Reappointed) Bill Ashcraft (Reappointed) Bhaskar Patel (Reappointed) Craig Loving (Reappointed) Lee Montgomery (Reappointed) Don Fretwell (Reappointed) William Kevin Pitchford (Appointed) Intergovernmental Commission on Drug & Alcohol Abuse Jim Lago (Appointed) Sister City Committee Liette Ocker (Appointed) Michelle Hammock (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 19). There were no comments from the public. Council members requested that Items 7 and 14 be pulled for individual consideration. City Secretary Chapa announced that that Item 14.1.a. and 14.1.b were added on a supplemental agenda and that Item 13 was withdrawn by staff. City Secretary Chapa polled the Council for their votes as follows: —1— Minutes — Regular Council Meeting January 13, 2009 — Page 2 ORDINANCE NO. 028012 Ordinance appropriating $166,124.40 of insurance proceeds into the General Fund No. 1020, Organization Nos. 11801 and 11870 to reimburse costs associated with a power outage and generator failure at the Police Department; changing the FY2008 -2009 Operating budget adopted by Ordinance No. .027776 to increase revenues and appropriations by $166,124.40 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 ". 4. ORDINANCE NO. 028013 Ordinance authorizing the City Manager or his designee to execute a use permit agreement with Lindsey Edwards, organizer for the Cheers to Charity Wine Festival, for use of Corpus Christi Heritage Park during April 4 through April 5, 2009. 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 ". 5. RESOLUTION NO. 028014 Resolution authorizing the City Manager or his designee to submit an grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for the purpose of participating in the local park grant program to develop the Oso Conservation Interpretive Park on Oso Bay, with City match of $500,000 in the Parks and Recreation 2009 Capital Improvement Program (CIP) Fund (General Obligation); dedicating proposed site for permanent public park and recreation uses. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6. MOTION NO. 2009 -001 Motion authorizing the City Manager, or his designee, to execute a construction contract with Sendero Industries of Houston, Texas, in the amount of $597,640 for Oso Trunk Main Manhole Repair /Replacement Phase 3 for Total Base Bid and Additive Alternate. • The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". MOTION NO. 2009 -003 Motion authorizing the City Manager, or his designee, to execute a construction contract with Longhorn Excavators, Inc. of Richmond, Texas in the amount of $1,923,805.50 for construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate Collection System & Storm Water Pond No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -2- Minutes — Regular Council Meeting January 13, 2009 — Page 3 9. MOTION NO. 2009 -004 Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with R. S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $213,725 for the Oso Water Reclamation Plant Clarifier Structural Improvements Project for replacement of non - operational slide gates and new fiberglass grating and supports. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10. MOTION NO. 2009 -005 Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 to the construction contract with SLC Construction L.P. of Conroe, Texas in the amount of $226,013 for a total restated fee of $3,036,365 for the Waldron Road Street Improvement Project for additional storm water improvements from Waldron Road east along Bayberry Place. (BOND 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11.a. ORDINANCE NO. 028015 Ordinance appropriating $61,715 of the unappropriated fund balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $61,715. 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'. 11.b. MOTION NO. 2009 -006 Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract between the City and Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008 -2009 in the amount of $61,715 for a restated fee not to exceed an amount of $314,222. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 12. MOTION NO. 2009 -007 Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $175,987 for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services. Minutes — Regular Council Meeting January 13, 2009 — Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 13. WITHDRAWN 15.a. RESOLUTION NO. 028008 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Del Mar College District (Del Mar) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15.b. RESOLUTION NO. 028009 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority (Port) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15.c. RESOLUTION NO. 028010 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi (TAMU -CC) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15.d. RESOLUTION NO. 028011 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Texas Department of Transportation (TxDOT) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -4- Minutes - Regular Council Meeting January 13, 2009 — Page 5 16. FIRST READING ORDINANCE Amending Sections 14 -1304 and 14 -1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 17. ORDINANCE NO. 028017 Revising Section 14 -222 (b)(3) Required Inspections, Code of Ordinances, City of Corpus Christi, to change the time periods required for electrical re -out inspections; providing for publication; providing for penalties; and providing an effective date. (First Reading 12/16/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.a. ORDINANCE NO. 028018 Abandoning and vacating the Avenue "F" public street right -of -way (1.248 acres) from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way, subject to compliance with specified conditions. (First Reading - 12/16/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.b. ORDINANCE NO. 028019 Abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. (First Reading - 12/16/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.c. ORDINANCE NO. 028020 Abandoning and vacating a portion of the Sigmor Road public street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. (First Reading - 12/16/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -5- Minutes — Regular Council Meeting January 13, 2009 — Page 6 18.d. ORDINANCE NO. 028021 Abandoning and vacating a portion of the East Navigation Boulevard public street right -of- way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. (First Reading — 12/16/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 19. ORDINANCE NO. 028022 Granting to AEP Texas Central Company, Its Successors and Assigns, a non - exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas. (First Reading - 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 7 regarding golf course improvements at the Oso Beach Municipal Golf Course. Council Member Leal asked if Mid - America Golf and Landscape, Inc. did the improvements at the Lozano Golf Course. Director of Engineering Services Pete Anaya stated that Mid America Golf and Landscape, Inc. was not the company that did the work at Lozano. Council Member McCutchon asked questions regarding the funds available and total funds required for the project. City Manager Escobar explained that the funds available amount was determined after the total cost of the project was known. Dr. McCutchon also addressed the consultant services with Finger Dye Spann and administrative approval items. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2009 -002 Motion authorizing the City Manager, or his designee, to execute a construction contract with Mid - America Golf and Landscape, Inc. of Lee's Summit, Missouri in the amount of $995,576 for Golf Course Improvements (existing courses) and Oso Beach Irrigation Improvements. (BOND 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 14 regarding Bahia Vista Unit 1 subdivision. In response to Council Member McCutchon, Deputy Director of Development Services Johnny Perales clarified that Item 14.1 was a separate agreement from Item 14. Council Member McCutchon asked for the balance of the Sanitary Sewer Trust Funds and the effect of the agreements to that fund. Mr. Perales said the Sanitary Sewer Trunk System Trust Fund estimated balance is $485,000 and the Sanitary Sewer Collection Line Trust Fund estimated balance is $245,000. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting January 13, 2009 — Page 7 14.a. MOTION NO. 2009 -008 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia Vista Unit 1, located east of Waldron Road and north of Crestline Street, for the installation of 769 linear feet of 10 -inch PVC sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 14.b. ORDINANCE NO. 028016 Ordinance appropriating $124,200 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Marie Keast, LLC for the installation of 769 linear feet of a 10 -inch PVC sanitary sewer collection line for development of Bahia Vista Unit 1 as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. 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 ". 14.1.a. MOTION NO. 2009 -009 Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia Vista unit 1, located east of Jamaica Drive and north of Lola Johnson Road, for the installation of the Lola Johnson Master Plan Lift Station with 1,070 linear feet of eight -inch force main, and related appurtenances. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 14.1.b. ORDINANCE NO. 028026 Ordinance appropriating $1,678,849 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Marie Keast, LLC for the installation of Lola Johnson Master Plan Lift Station with 1,070 linear feet of 8 -inch force main, and related appurtenances for development of Bahia Vista unit 1, as specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement. 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 25 regarding a collective bargaining agreement with the Corpus Christi Firefighters' Association forwages, benefits, and working conditions. Director of Human Resources Cynthia Garcia explained that this item authori2es the City Manager to enter into a collective bargaining agreement that was ratified by the Firefighter Association at the end of December 2008. Ms. Garcia provided a brief overview including the terms of the contract and the changes to the agreement. -7- Minutes — Regular Council Meeting January 13, 2009 — Page 8 Council Member Leal said she was glad that the Firefighters had an agreement. Council Member Marez thanked the Firefighters and staff for their commitment to working on the agreement. Council Member McCutchon asked how many members supported the agreement. Fire Chief Richard Hooks stated that the agreement was ratified on December 31, 2008 with a vote of 263 to 12. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2009 -011 Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Fire Fighters' Association for wages, benefits and working conditions. 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 referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1008 -04, Raquel Medina: A change of zoning from a "B -5" Primary Business District to an "A -1" Apartment House District resulting in a change of land use from commercial to medium - density, multiple - family described as Shannon Addition, Block 1, Lot 5, 1014 Furman Avenue, located on the north side of Furman Avenue approximately 160 feet east of Staples Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "A -1" Apartment House District and in lieu thereof approval of a Special Permit, subject to a site plan and two (2) conditions. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028023 Amending the Zoning Ordinance, upon application by Raquel Medina, by changing the Zoning Map in reference to Shannon Addition, Block 1, Lot 5, from "B -5" Primary Business District to "B -5 /SP" Primary Business District with a Special Permit to allow for the construction of a garage, subject to a site plan and two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing comprehensive plan; providing for a repealer clause; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. Minutes — Regular Council Meeting January 13, 2009 — Page 9 Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1108 -02 Al Crozier /Prime Income Asset Management: A change of zoning from an "AT" Apartment Tourist District to a" 8-2" Bayfront Business District resulting in a change of and use from multi family residential to commercial and high density multi - family described as Corpus Christi Beach Hotel Addition, Lot 7 -A, 4.46 acres located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B -2" Bayfront Business District. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 21. ORDINANCE NO. 028024 Amending the Zoning Ordinance, upon application by Al Crozier /Prime Income Asset Management, Inc., on behalf of Matthew Comay, Justin Duprie, Shah Islam and Mukul Maheshwari, by changing the Zoning Map in reference to 4.46 acres out of Corpus Christi Beach Hotel Addition, Lot 7 -A, from "AT" Apartment Tourist District to "8-2" Bayfront Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and 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, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following street closure: 22. Public hearing to consider abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of- way; subject to compliance with the specified conditions. (POSTPONED FROM 12/16/08) Deputy Director of Development Services Johnny Perales explained that the request forthe closure was submitted by Ms. Tommie Edward for the purpose of including the acquired property in a proposed replatting with property already owned. Ms. Perales added that the additional property will facilitate in the creation of an additional residential lot. No one appeared in opposition to the street closure. Ms. Cooper made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 22. FIRST READING ORDINANCE To consider abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of -way; subject to compliance with the specified conditions -9- Minutes — Regular Council Meeting January 13, 2009 — Page 10 The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 23 regarding the consideration of two separate requests by petitioners to repeal Ordinance No. 028007 which amended the Code of Ordinances, Section 23 -76, Smoking Prohibitions. City Secretary Chapa explained that the City Secretary's Office received two separate requests for the Council to reconsider the smoking ban approved in December. Mr. Chapa stated that the requests were submitted through the City Charter Referendum process and that the Council has until the end of today to reconsider the ordinance. Mr. Chapa added that if the Council does not repeal the ordinance, the City Secretary is to provide petitions to both groups to circulate among the voters of the City. Mr. Chapa stated that the groups have 90 days to submit a valid petition in order to place this item on a future City Council election. Mr. Chapa explained that if the petitions are submitted within 60 days, the effectiveness of the ordinance is suspended and an election is called for the next available uniform election date. Mr. Chapa added that if the valid petition is received after 60 days but within 90 days, the election will be held at the next City Council election in 2011. Council Member Leal made a motion to revisit the ordinance. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Hummell, Leal, and Marez, voting "Aye "; Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "No ". Section 23 76, Smoking Prohibitions. Dr. McCutchon made a motion to table the above item indefinitely. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, McCutchon, and Martinez, voting "Aye "; Hummell, Kelly, Leal, and Marez, voting "No ". Mayor Garrett opened discussion on Item 24 regarding the acquisition ofa turf system forthe American Bank Center. Assistant City Manager Margie Rose introduced General Manager of the Corpus Christi Sharks Larry Linde, General Manager of the American Bank Center Marc Solis, and Financial Officer of the American Bank Center Jorge -Cruz Aedo who were available to respond to questions. Ms. Rose provided a brief overview of the item including the reasons for the purchase; the benefits for utilizing and attracting other types of events; eligibility of 4A funds; concerns made by the 4A board; and approval of the 4A board. Ms. Rose stated that staff is recommending consideration and approval of the purchase. Chairman of the Corpus Christi Business and Job Development Corporation Eloy Salazar explained that the 4A board had concerns regarding the term of the Sharks contract and the potential revenue sources. Mr. Salazar stated that the 4A board voted in support of the purchase. —10— Minutes — Regular Council Meeting January 13, 2009 — Page 11 The following topics pertaining to this item were discussed: current advertising sales and potential revenue; leasing of the turf to the Shark's; advertising packages; background on the Houston Dynamo Exhibition Games; youth sports programs; life expectancy of the turf; the original cost of the turf; the depreciated value of the turf; the size of the Shark's staff; and repairs, maintenance, and storage of the turf. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 028025 Resolution approving a Grant Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the acquisition of a Turf Field system for the American Bank Center Arena authorizing the City Manager or his designee to accept the grant from the Corporation in the amount of $105,000 for that purpose. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelty, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 24.b. ORDINANCE NO. 028026 Ordinance approving a $105,000 grant from the Corpus Christi Business and Job Development Corporation to the City of Corpus Christi for the acquisition of a turf system for the American Bank Center Arena; appropriating and transferring $105,000, from the Corpus Christi Business and Job Development Corporation's unreserved fund balance of the No. 1130 Arena Facility Fund, to City's No. 4710 Visitors Facility Fund; changing the FY 2008- 2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated expenditures by $105,000 in No. 1130 Arena Facility fund and to increase both anticipated revenues and estimated expenditures by $105,000 in No. 4710 Visitors Facility Fund. 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 ". 24.c. MOTION NO. 2009 -010 Motion authorizing the City Manager or his designee to 'purchase the Deiter Turf Field System from the Corpus AF2 Football, LLC, doing business as Corpus Christi Sharks, for $105,000, for use by tenants at the American Bank Center. 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 recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). Mayor Garrett reconvened the regular Council meeting. Mayor Garrett announced the executive session, which was listed on the agenda as follows: —11— Minutes — Regular Council Meeting January 13, 2009 — Page 12 28. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate regarding commercial or financial information received from a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. * *** * *** * **** Mayor Garrett called for petitions from the audience. Hal George, 5350 South Staples and representative of the Corpus Christi Bar Operators Association, asked the Council to repeal the smoking ban on bars and pool halls. Mr. George explained the effects of the ban on the bars, employees, distributors, and policing. Mr. George stated that his clients are willing to negotiate with the City in terms of allowing smoking establishments to provide a percent of sales to the City or to charitable organizations. Joe Farah, 3242 Azores, stated that bar owners will not be able to stay open if the smoking ban is enforced and employees will be affected. Mr. Farrar added that there is no comparison on the affect of a smoking ban between bars and restaurants. Jack Gordy, 4118 Bray, spoke regarding the delays to fix the sewer lines and pot holes on Brett Street. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Council Member Leal requested information on the Las Brisas plant. Mikell Smith, 1005 Meadowbrook, spoke regarding the Las Brisas plant including the preliminary decision by the Texas Commission on Environmental Quality (TCEQ), emissions, and pollution. Council Member Leal requested information on a coal plant that exploded in Tennessee including its impact to the environment and the emissions the people were subjected to. Council Member McCutchon asked the Council to consider placing an item on the agenda within the next 30 days to discuss the environmental effects of the Las Brisas plant. Gloria Scott spoke regarding the public information procedures and recommended that the citizens that use the process make recommendations to the policy. Ms. Scott also requested the job descriptions and education requirements of the attorneys processing the requests. Kostas Livaditis, 3735 Alameda, spoke regarding the construction on Doddridge and Alameda and the effects to businesses in that area. Council Member Mike Hummel) announced that he would not be seeking re- election. Mayor Garrett referred to Item 26 regarding the Public Information Act (PIA) procedures. Assistant City Attorney Ronnie Bounds referred to a powerpoint presentation including the PIA philosophy and mission; statistical information; purpose and scope; what is considered a request; request receipt; clarification and narrowing of the request; department notification; department responsibilities; evaluation of the department's response; information not subject to exception; discretionary exceptions and examples; mandatory exceptions; request for Attorney General ruling; copy fees; inspection fees; itemized estimate of charges; and bond or deposit. The following topics pertaining to this item were discussed: policies in place that allow global exceptions; the history of the policy; whether the policy has ever been approved by the Council; development of a City -wide policy; request to review information; the timeframe to provide a request in a worst case scenario; consistency in responding to topics; notifying department of what can be provided; exclusion of information; improving the language of the public information form to explain how to exactly prepare the request; avoiding the time period allowed by law and provide information as quickly as possible; the tracking log sheet; and input from requestors to improve the process. -12- Minutes — Regular Council Meeting January 13, 2009 — Page 13 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:20 p.m. on January 13, 2009. * * * *** * * * **** -13- 2 a. COMMITTEE FOR PERSONS WITH DISABILITIES - Four (4) vacancies with terms to 2- 1-11. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non - voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE Thomas Dreyer 2 -01 -10 2 -19 -08 Abel Alonzo, Chair 2 -01 -10 7 -12 -05 *Harvey Salinas 2 -01 -09 2 -20 -07 * * *L. David Ramos 2 -01 -09 2 -20 -07 *Herman Lee Jones II 2 -01 -09 2 -20 -07 Rosa M. Valdez 2 -01 -10 2 -20 -07 Irene Martinez 2 -01 -10 2 -19 -08 Carlos Vargas 2 -01 -11 11 -11 -08 *David Walker, Vice Chair 2 -01 -09 2 -15 -05 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio (Note: The Committee for Persons with Disabilities is recommending the reappointments of Harvey Salinas, Herman Lee Jones II, and David Walker and the new appointment of Dr. Candelario Huerta.) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —17— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Harvey Salinas 11 Herman Lee Jones II 11 David Walker 11 NO. PRESENT 10 (lexc) 8 (2exc) 5 (3exc) OTHER INDIVIDUALS EXPRESSING INTEREST Karen Anderson Sheila Cudd Cynthia Del Toro % OF ATTENDANCE LAST TERM YEAR 91% 73% 45% Teacher, Robstown Independent School District. Received BBA in Finance from Texas State University, San Marcos, Texas. (9 -8- 08) Retired, Del Mar College. Received Masters' Degree, Licensed Professional Counselor, and Registered Professional Educational Diagnostician. Formerly served on Del Mar College Committees. Past Member of Sparkling City Chapter of Sweet Adelines. (9 -8- 08) Vocational Rehabilitative Counselor, Division of Rehabilitative Services (DARS). Received Bachelor's Degree in Psychology and Master's Degree in Counseling and Guidance from Texas A &M University - Corpus Christi. Activities include: Community Resource Committee Group — Youth and Adult, Texas Rehab Action Network, and Worksource Disabilities navigation System Committee. (4- 17 -08) Norma Jean Franklin Student, Texas A &M University - Corpus Christi. Received AA Degree from Del Mar College. (9- 21 -07) Andrea B. Green Shea L. Hales Tax Professional, H & R Block. Received B.A. from Mount Holyoke College, South Hadley, Massachusetts, and M.S. from Syracuse University, Syracuse, New York. Activities include: Southside Evening Toastmasters. (1 -9 -08) Received B.A. in Psychology from Texas A &M University- College Station. Activities include: Coastal Bend Center for Independent Living Board -Vice President and National Mutiple Sclerosis Society. (2- 18 -08) —18— Keron E. Hasley Judy Hendricks James L. Hinnant Will S. Hinojosa Dr. Candelario Huerta Julie Joffray Terence F. Klinger Susanne M. Lunsford Assistant Cashier, International Bank of Commerce. Activities include: United Way of the Coastal Bend — Allocations Committee. (2- 19 -08) Activities include: Nueces Certified Master Gardener, Volunteer with Learning to Grow Project at Flour Bluff Elementary, Chairperson of Nueces County Courthouse Rejuvenation and Beautification Project, and Volunteer through the Texas AgriLife Service. (2- 18 -08) Attended College. Activities include: Neighborhood Initiative Program — Neighborhood Initiative Council and Neighborhood Initiative Program #17 Leader. (9 -2 -08) Special Project Manager, Pete's Chicken -n -More. Human Resources -Labor Relations Management and marketing President of Sub - Chapter of TRAN. Former Director for Foundation of Hope, Inc. (1- 20 -09) Bilingual Early Childhood Consultant, Huerta iConsultancy. Received Bachelor of Science from Texas A &I University, Kingsville, Texas, Master of Arts from Washington State University, Pullman, Washington, and Doctor of Education from Texas A &I University, Kingsville, Texas. Activities include: Wednesday Morning Breakfast (Business) Group. (11 -4 -08) Disability Accommodations Specialist, Texas A &M University- Corpus Christi. Received AA and BA in Psychology and MA in Clinical Psychology. (2- 19 -08) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13-08) Signing Agent — Notary Public, Notary on Wheels. Attended College and Received Enhanced Education from ATT Communications, Wilson Training School, Escrow and Title Association. Activities include: Secretary - Padre Island Rotary Club, Padres Island Business Association Member, National Notary Association Member, National Association of Realtors and Lorman Education Training Volunteer. (1 -9 -08) -19- Mildred McDonel Administrative Assistant, Frost Bank Received Associates Degree from Del Mar College. (2- 19 -08) RoseMarie Olivarez Roy Ortega, Jr. Rita Sonia Padron Judith A. Reader Emede Moses Reyes Abel Sanchez Nova Shields Ernesto M. Trevino, Jr. Attended College. Activities include: Neighborhood Initiative Program — Model Block Program Leader and Neighborhood Initiative Council. (9 -2 -08) Owner, Victorian Hall LLC. Attended numerous Tech Schools and Symposiums. Interested in community involvement. (9 -25- 07) 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) Retired. Received BA in Mental Retardation and Elementary Education and MA in Reading. Activities include: Audubon Outdoor Club and Coastal Bend Audubon. (2- 18 -08) Independent Living Specialist, Coastal Bend Center for Independent Living. Received a Bachelors in Education. Activities include: Accessibility Coalition of the Coastal Bend. (8 -8 -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) Operations Manager, MV Transportation. (8- 30 -07) Retired Letter Carrier /Supervisor, United States Postal Service. Received AA from Del Mar College and Attended law Enforcement School at Lackland Air Force Base. Activities include: Volunteer at the USS Lexington. Recipient of Good Conduct Medal and Honorable Discharge from the United States Air Force and Special Achievement Award from the United States Postal Service. (12- 26 -08) -20- Jesus Martin Trevino Dr. Marilyn Upmanyu Willis B. Vickery Jonathan Wagner Timothy Weitzel Student, Texas A &M University - Corpus Christi. Activities include: Volunteer Center of the Coastal Bend. (2- 19 -08) Doctor of Medicine. (2- 20 -08) Retired. Substitute Teacher in Special Education for Corpus Christi Independent School District. Ticket Taker at Whataburger Field and American Bank Center. Received B.S. in Education and M.S. in Supervision and Administration. (12- 11 -07) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003 -2006. (5- 29 -07) Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) —21— 3 Requested Council Date: 01/20/09 Alternate Date: 01/27/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Sierra Services, Sinton, Texas for Mowing of Water Production Facilities, based on best value in accordance with Bid Invitation No. BI- 0164 -08 for an estimated annual expenditure of $195,410 of which $97,704.96 is budgeted for the remainder of FY 08/09. The term of the service agreement shall be for twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 08 -09. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The contractor will be required to maintain the lawn and turfs of facilities located within the O.N. Stevens Filter Plant, pump stations and storage tank facilities located throughout the City. (See Exhibit A) Previous Contract: The option to extend the current contract was exercised, requiring new bids to be received. Bid Invitations Issued: 44 Bids Received: 4 The City received a bid from Green Tree Lawn Care, Corpus Christi, Texas. Their offer did not meet the equipment requirements as indentified in the specification documents and therefore, was eliminated from further consideration. Price Analysis: Pricing has increased approximately 29% since the last contract of September 2004. According to the contractor, the increase is due to the high cost of fuel. Basis of Award: Best Value Funding: The evaluation team, comprised of team members from Water and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 30 %, (2) Past Performance 5 %, (3) References 15 %, (4) Bidders Profile and Qualifications 25 %, and (5) Pricing 25 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each contractor based on the point value assigned for each criterion component in the evaluation matrix. Contractor rankings based on this scoring method are shown in the attached evaluation matrix. Water Department 530210- 4010 -31010 530210 -4010 -31500 530210 -4010 -30000 Michae Barrera Assistant Director of Financial Services Total FY 08 -09 (6 months) —25— $49,290.96 46,758.00 1,656.00 $97,704.96 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA SIERRA SERVICES (A) SINTON, TX MJ MAINTENANCE CORPUS CHRISTI, TX SEASONS LANDSCAPING BANQUETE, TX score price score price score price BID INVITATION NO. BI- 0164 -08 MOWING OF WATER PRODUCTION FACILITIES EVALUATION MATRIX GROUPI GROUP2 AWARD TOTALS 84.13 ac 72.18 ac 96 82_73 $98,582.00 596.828.00 $195.410.00 85.53 76.15 $117,208.96 $87,145.20 76.34 70.51 $181,306.96 $131,738.01 GRAND TOTAL: The City received a bid from Green Tree Lawn Care, Corpus Christi, Texas. Their offer did not meet the equipment requirements as identified in the specification documents and therefore, was eliminated from further consideration. (A) Sierra Services, Sinton, Texas conditioned their bid to all or none. -26- 195.410.00 ITEM GROUP I- O. N. STEVENS FILTER PLANT EXHIBIT A BID INVITATION NO: BI- 0164 -08 MOWING OF WATER PRODUCTION FACILITIES LOCATION AND ACREAGE DESCRIPTION QTY UNIT 1. O. N. Stevens Water Treatment Plant, Section A - 13101 Leopard St. - consisting of approx. 17.50 acres - fine cut around buildings, filters, sedemintation basins, Leopard St and Hearn Road 2. O. N. Stevens Water Treatment Plant, Section B - 13101 Leopard St. © Hearn Road - consisting of approx. 59.93 acres - Rough cut - remaining acreage as close to water's edge as possible at recycle lagoon. 3. O. N. Stevens Water Treatment Plant, Section C - 13101 Up River Rd. - consisting of approx. 1.18 acres - slope mowing Recycle Lagoon to waters edge. 4. Stevens Plant Lagoon - 4400 Sharpsburg Road © Up River Rd. consisting of approx. 5.52 acres Group II 5. Cunningham Facility - Frontage Road So Hwy 77 @ Ripple Road - consisting of approx. 12.82 acres 6. Smith Nueces River Pump Station, 13701 Smith Dr. - Smith Dr. © Calallen Drive - consisting of approx. 3.47 7. Holly Rd. Pump Station & Ball Park - 4901 Holly Rd - Holly Road @ Everhart - consisting of approx. 15.41 acres 8. Caldwell Pump Station - 1801 Caldwell St. - Crosstown Access © Howard St. - conisisting of approx. .13 acres 9. Savage Lane Pump Station - 302 N. Navigation Blvd. - North Navigation @ Ayers Street - consisting of approx. 3.29 acres 10. Sand Dollar Pump Station -14201 Sand Dollar Dr. - Sand Dollar Drive © Villa Maria (sable St. - consisting of approx. 1.22 acres 11. Flour Bluff Storage Tank Facility - 2225 Division Rd. - Division Road © Flour Bluff - conisting of approx. .84 acres 12. Caramel Parkway Storage Tank Facility - 513 Carmel Parkway - Carmel Parkway © Alameda - consisting of approx. .65 acres 13. Gollihar Storage Tank Facility - 2309 Gollihar Rd. - Gollihar © Ayers - consisting of approx. .97 acres 14. Leopard Easement - 12633 Leopard St. to Loma Alta Rd to McGee Ln to Heam Road - consisting of approx. 10.87 acres 15. Water Utilities Bldg - 2726 Holly Road - Holly @ Civitan - consisting of approx. 2.07 acres -27- 8 Cycle 17.5 acres 8 Cycle 59.93 acres 2 Cycle 1.18 acres 8 Cycle 5.52 acres 6 Cycle 12.82 acres 8 Cycle 3.47 acres 8 Cycle 15.41 acres 6 Cycle 0.13 acres 6 Cycle 3.29 acres 8 Cycle 1.22 acres 8 Cycle 0.84 acre 8 Cycle 0.65 acre 8 Cycle 0.97 acre 6 Cycle 10.87 acres 8 Cycle 2.07 acres EXHIBIT A BID INVITATION NO: BI- 0164 -08 MOWING OF WATER PRODUCTION FACILITIES LOCATION AND ACREAGE ITEM DESCRIPTION QTY UNIT 16. Staples Street Pump Station - County Road 43 FM 2444 (Staples) - consisting of 6 Cycle approximately 13.36 acres 13.36 acres 17. Morgan Storage Tank - Morgan © 12th Street - consisting of approx. .90 acres 8 Cycle 0.9 acre 18. N. Navigation Pump Station, 302 N. Navigation Blvd - N Navigation Q Agnes - consisting of 6 Cycle approx. 6.18 acres 6.18 acres Total Acres 156.31 -28- 4 CITY COUNCIL AGENDA MEMORANDUM Date: 01/27/2009 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $224,772 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant, and declaring an emergency ISSUE: Funds are available from the State of Texas for gang interdiction. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: The State is asked to provide $224,772 for sworn officer overtime salary and fringe benefits with no cash match required The grant period runs from October 1, 2008 - September 30, 2009. CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution. M. J. Walsh Acting Chief of Police -31- Agency Name: Corpus Christi, City of Grant/App: 2089801 Start Date: 11/1/2008 End Date: 9/30/2009 Project Title: Gang Interdiction Status: Application Pending AO Certification Eligibility Information Introduction The Criminal Justice Division (CJD) publishes funding opportunities, known as Requests for Applications (RFA), through the Texas Secretary of State. Click to visit the Secretary of State's website to locate the RFAs in the appropriate Texas Register issue. In addition, CJD requires all applicants and grantee organizations to adhere to the Texas Administrative Code (TAC) as adopted. Click to view the current TAC, or click I. e to view the previous versions of the TAC. Submission Process When applying for a grant pursuant to an RFA published in the Texas Register by CJD, applicants must submit their applications according to the requirements provided in the RFA. CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with 1 TAC, A §3.7. Selection Process All applications submitted to CJD are reviewed for eligibility, reasonableness, availability of funding, and cost - effectiveness. For applications submitted pursuant to an RFA, the executive director will select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. A review group may include staff members, experts in a relevant field, and members of an advisory board or council. For more information regarding the selection process, see 1 TAC, A §3.7. Funding Decisions All grant funding decisions rest completely within the discretionary authority of CJD. The receipt of an application for grant funding by CJD does not obligate CJD to fund the grant or to fund it at the amount requested. Neither the approval of a project nor any grant award shall commit or obligate CJD in any way to make any additional, supplemental, continuation, or other award with respect to any approved project or portion thereof. —32— CJD makes no commitment that a grant, once funded, will receive priority consideration for subsequent funding. For more information regarding the application process, see 1 TAC, A §3.7 and 3.9. Adoptions by Reference All grantees receiving federal and state funds must comply with the applicable statutes, rules, regulations, and guidelines related to the funding source under which the grant is funded. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies. For more information regarding grant funding, see 1 TAC, A §3.19. Community Plans Each community, consisting of a single county or a group of counties, must file with a COG a community plan that addresses the communityA€TMs criminal justice priorities. A community plan should assess local trends and data; identify problems, resources, and priorities; develop effective strategies; and set goals and objectives. For more information regarding community plans, see 1 TAC, A §3.51. Juvenile Justice and Youth Projects Juvenile justice projects or projects serving delinquent or at -risk youth, regardless of the funding source, must address at least one of the priorities developed in coordination with the Governor&ETMs Juvenile Justice Advisory Board to be eligible for funding. For more information regarding these priorities, see 1 TAC, A §3.53. Monitoring CJD will monitor the activities of grantees as necessary to ensure that grant funds are used for authorized purposes in compliance with all applicable statutes, rules, regulations, guidelines, and the provisions of grant agreements, and that grantees achieve grant purposes. Grantees must make available to CJD or its agents all requested records relevant to a monitoring review. For more information regarding monitoring, see 1 TAC, A §3.2601. Your organization's Texas Payee/Taxpayer ID Number: 746000574 Application Eligibility Certify: Created on:10 /15/2008 11:01:27 AM By:Pat Eldridge Profile Information —33— Introduction The Profile Details section collects information about your organization such as the name of your agency and project title, the geographic area your project will serve and information about your grant officials. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand comer of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Email Addresses & Grant Officials Information Designating Grant Officials Within your Application: Enter a valid and unique email address for each grant official and click the Verify Email and Set Official to the Project button. If you receive an error message regarding an email address, the grant official you are trying to assign to the project has not registered for a user account in eGrants. Please inform the agency's grant official or designee that they must log in to the eGrants i-iovne Page and register for a user account. If you need technical assistance, please contact the ea ants Heir; Desk by email. Updating Grant Officials on Active Grants: To reassign a grant official - Authorized Official, Financial Officer, Project Director, or Grant Writer - to your grant project, ensure that the new official registers for a user account in eGrants first Next, go to the Request.Adjustment tab and check the box indicating you would like to Designate a New Grant Official, provide a brief explanation for the change in the Grant Adjustment Justification box, and then click the 'Create Adjustment Request' button. This will open the Profile.Details tab allowing you to make the appropriate changes. After you have entered a valid email address for the new Official, go to the Certify.Adjustment tab and click on the 'Certify Adjustment' button to send your request to CJD for review. If your organization is designating a new Authorized Official, check your records to see if a revised Resolution is required. Upload the approved Resolution to your grant project on the 'Summary / Upload Files' sub -tab. If you need technical assistance, please contact the _ T_ ilr 221: by email. —34— Getting Started On this tab you will notice a certain icon that is displayed. • `■ an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Applicant Agency Name: Corpus Christi, City of Project Title: Gang Interdiction Division or Unit to Administer the Project: Police Department Address Line 1: PO Box 9277 Address Line 2: City/State/Zip: Corpus Christi Texas 78469 Payment Address Line 1: POBox 9277 Payment Address Line 2: Payment City /State/Zip: Corpus Christi Texas 78469 Start Date: 11/1/2008 End Date: 9/30/2009 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Nueces Grant Officials: Authorized Official User Name: Bryan Smith Email: bryans @cctexas.com Address 1: Post Office Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361- 886 -2604 Other Phone: Fax: 361-886-2607 Agency: Title: Mr. Salutation: Chief Proiect Director User Name: Pat Eldridge Email: pat @cctexas.com Address 1: P. O. Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361 - 886 -2696 Other Phone: 361- 215 -0150 Fax: 361- 886 -2607 -35- Agency: Title: Ms. Salutation: Ms. Financial Official User Name: Cindy OBrien Email: CINDYO @CCTEXAS.COM Address 1: P.O. Box 9277 Address 1: City: Corpus Christi, Texas 70469 Phone: 361- 826 -3604 Other Phone: Fax: Agency: Title: Ms. Salutation: Ms. Grant Writer User Name: Pat Eldridge Email: pat @cctexas.com Address 1: P. O. Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361- 886 -2696 Other Phone: 361 -215 -0150 Fax: 361- 886 -2607 Agency: Title: Ms. Salutation: Ms. Grant Vendor Information Introduction The Grant Vendor section of the application collects grant payment information for your organization. The following items will be auto-filled from previous data you supplied in eGrants: Organization Type, State Payee Identification Number, and Data Universal Numbering System (DUNS) identifier (if applicable). Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a -36- timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Direct Deposit In order to receive payments from CJD, complete the Vendor Direct Deposit Authorization and Application for Payee Identification Number forms which can be downloaded from the Texas Comptroller&ETMs website at https:// fmx. cpa .state.tx.us/fm/forms/index.php and Form W -9 which can be downloaded from the Internal Revenue Services&€ N wehsite at http://www.irs.gov/. Send these completed and signed forms to the Office of the Governor, Financial Services Division, Post Office Box 12428, Austin, Texas 78711. Getting Started On this tab you will notice a certain icon that is displayed. an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide services to all others Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 746000574 Data Universal Numbering System (DUNS): Payment Address Line 1: POBox 9277 Payment Address Line 2: Payment City/State/Zip: Corpus Christi Texas 78469 Narrative Information Introduction The Narrative section is the description of your project. It is important that the information you provide about your project is clear and as concise as possible. Note: All applicants must certify to the eligibility requirements specific to the fund source. The minimum requirements to complete this page are the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and Project —37— Summary sections. We recommend that you complete any sections applicable to your project to assist in the application review process. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice a certain icon that is displayed. an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Primary Mission and Purpose The purpose of the Justice Assistance Grant (JAG) Program is to prevent and control crime and make improvements to the criminal justice system. Funding Levels The anticipated funding levels for the Justice Assistance Grant program are as follows: • Minimum Award - None • Maximum Award aE" None • The Justice Assistance Grant program does not require a grantee to provide matching funds. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGrants. Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amount throughout the grant period. —38— Program Requirements Note: The requirements for this fund source are subject to change pursuant to actions of the U.S. Congress. Preferences at Preference will be given to projects that perform the following activities: 1. Increase the presence of law enforcement along the Texas - Mexico Border and other ports -of -entry. 2. Target statistically supported areas of violent crime. 3. Promote the use of interlocal agreements (Texas Government Code, Chapter 791) to target statistically identified major threats to a specified geographical area. 4. Promote intelligence sharing, crime reporting and communication. 5. Provide law enforcement equipment to jurisdictions that were not eligible for direct funding from the Bureau of Justice Assistance under the Justice Assistance Grant Program. Program Areas Applicant assures that its proposed project meets at least one of the following Program Areas to be eligible for funding: Law Enforcement aE" Supports state and local law enforcement agencies that address violent crime or statistically supported major crime initiatives at the local level. Note: Law enforcement agencies applying for equipment only or agencies applying to provide law enforcement training must apply under this program area unless they are seeking to purchase or enhance technology. Prosecution and Court aE" Programs that improve the prosecution of serious and violent crimes, including those that reduce the time from arrest to disposition. Technology AE" Programs that implement or expand a law enforcement agency&ETMs ability to report and analyze crime. Applicant assures that any criminal intelligence databases developed under this program will comply with 28 CFR Part 23. Drug Treatment at Programs that target substance abuse treatment for juveniles or adults who have been court ordered to participate, including drug courts and projects that serve as alternatives to incarceration. Drug Treatment Projects —39— Projects that target substance abuse treatment for juveniles or adults under the Drug Treatment program area (as defined above), are required to complete the following information: Note: If this program area is not applicable, please continue to the Drug Court Type item, and then select 'N /A' for all of the items in the drug court projects section. After selecting 'N/A', continue to the 'Program Income' item. Mandatory Drug Courts aE" Pursuant to Texas Health and Safety Code A §469.006, counties with a population of more than 200,000 are required to establish a drug court. Applicants from these counties must also apply to the federal government for any funds available to pay the costs of the program. A county with a population of 200,000 or more that does not establish and maintain a drug court program is ineligible to receive state funds for a community supervision and corrections department, and grants for substance abuse treatment programs administered by the Governor's Criminal Justice Division. Ten Key Components lit The drug court will incorporate the following ten (10) essential characteristics of drug courts noted below and codified in Texas Health and Safety Code A §469.001: Integration of Services aE" The integration between alcohol and other drug treatment services in the processing of cases in the judicial system. Non - Adversarial Approach lE" The use of a non - adversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants. Prompt Placement aE" Early identification and prompt placement of eligible participants in the program. Access &E" Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services. Abstinence Monitoring 11E" Monitoring of abstinence through weekly alcohol and other drug testing. Compliance Strategy 1E" A coordinated strategy to govern program responses to participants&ETM compliance. Judicial Interaction aE" Ongoing judicial interaction with program participants. Evaluation at Monitoring and evaluation of program goals and effectiveness. Education aE" Continuing interdisciplinary education to promote effective program planning, implementation, and operations. —40— Partnerships aE" Development of partnerships with public agencies and community organizations. Observation aE" The drug court team (judge, prosecutor, defense counsel, treatment provider, supervision officer, court coordinator, etc.) of a new program must observe at least one drug court staffing session and hearing prior to program implementation. Policies and Procedures aE" The drug court will develop and maintain written policies and procedures for the operation of the program. Information Sharing at The applicant will submit a copy of any project evaluations, evaluation plans, recidivism studies, or related reports that are completed during the grant period to CJD. Drug Court Date - If the Drug Court is already in operation, provide the date that this Drug Court was established. If this is not applicable, go to the next question. Enter the date [mm/dd/yyyy]: Drug Court Type • Adult - Programs serving adults (either pre- adjudication, post - adjudication, or reentry). • Family - Programs serving parents who enter the drug court in relation to suits affecting the parent -child relationship, including child welfare / CPS cases, child support cases, or other civi matters. • Juvenile - Programs serving juveniles (either pre - adjudication, post- adjudication, or reentry). Select the type of drug court that will be operated: _ Adult _ Family _ Juvenile X N/A General Approaches —41— • Pre - adjudication - The defendant is diverted to the treatment program in lieu of prosecution before charges are filed or before final case. • Post - adjudication - The drug offender begins the drug court program after entering a plea of guilty or nolo contendere or having been found guilty, often as a condition of probation. • Reentry - Offenders completing sentences of incarceration or lengthy terms of residential treatment are ordered into the treatment program to facilitate their transitionand reintegration into society. • Civil - Participants enter the drug court program in relation to suits affecting the parent -child relationship, child welfare / CPS cases, child support cases, or other civil matters. Select the general approach(es) this drug court fill follow below. Select all that apply: _ Pre- adjudication Post - adjudication _ Reentry _ Civil X N/A Will the drug court include DWI offenders? Select the appropriate response: _ Yes No X N/A Presiding Judge - The presiding judge of a drug court funded with Drug Court funds must be an active judge holding elective office or a magistrate appointed pursuant to Texas Govenunent Code, Chapter 54, Subchapter GG. Is the presiding judge of the drug court an active judge holding elective office or a properly appointed magistrate? Select the appropriate response: _ Yes _ No X N/A Has the drug court ever applied for federal funding? —42— Select the appropriate response: _ Yes _ No X N/A Has the drug court ever received federal funding? Select the appropriate response: Yes _ No X N/A If you selected Yes above, provide the federal award amount, grant period [mm/dd/yyyy to mm/dd/yyyy], and explain how CJD funds will be used to support or expand the project and not replace existing funds. Enter the federal funding description: Program Income Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income that is generated as a result of the project's activities. Applicant agrees to report program income to CJD through a formal grant adjustment and to secure CJD approval prior to use of the program income. Applicant agrees to use program income for allowable costs and agrees to expend program income immediately after CJDa6TMs approval of a grant adjustment and prior to requesting reimbursement of CJD funds. Deduction Method a6" Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless CJD authorizes otherwise. Program income which the grantee did not anticipate at the time of the award shall be used to reduce the CJD award and grantee match rather than to increase the funds committed to the project. Asset Seizures and Forfeitures at" Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Uniform Crime Reporting Applicant assures that they are current and will maintain timely reporting of required crime data to the Texas Department of Public Safety, have —43— been current for the three previous years, and will continue reporting throughout the grant period. Criminal History Reporting Applicant assures that they are currently reporting and will maintain timely reporting of all information required under the Texas Code of Criminal Procedure, Chapter 60. Constitutional Compliance Applicant assures that they will engage in no activity that violates Constitutional law including profiling based upon race. Information Systems Applicant assures that any new criminal justice information systems will comply with data sharing standards for the Global Justice XML Data Model and the National Information Exchange Model. Civil Rights Liaison Applicants must designate a civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grantee meets all applicable civil rights requirements. The designee will act as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Cynthia Garcia Enter the Address for the Civil Rights Liaison: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78569 Enter the Phone Number for the Civil Rights Liaison [(999) 999 - 9999]: 361- 880 -3300 Certification Each applicant agency will certify to the specific criteria detailed above under Program Requirements to be eligible for funding under the Justice Assistance Grant Program Solicitation. X I certify to all of the above eligibility requirements. Problem Statement: —44— Please provide a detailed account in the Problem Statement section of the existing issues your project will target. Enter your problem statement: ii•- v ibiC 'Sl cc-N Fc. LAJ..._. Supporting Data: Provide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to where the grant project is located and/or targeted. Do not use statewide data for a local problem or national data for a statewide problem. Enter your supporting data: , �rpn ..1. 3. auti �... ...1 .. a�..a� —45— Community Plan: For projects that have a local or regional impact target area, provide information regarding the community plan need(s) that your project willl address. Enter your community planning needs: Goal Statement: Provide a brief description of the overall goals and objectives for this project. Enter a description for the overall goals and objectives: Cnr aw I CLCL'a rim*" ry- ,,mt- iicrmic "sa :Y`tPTGI -cc "Vi J U —46— Cooperative Working Agreement (CWA): When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to CJD a list of each participating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of funds. For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You should only provide information here that this project's successful operation is contingent on for the named service or participation from the outside organization. Note: A Sample CWA is available ' _;: - for your convenience. Enter your cooperating working agreement(s): Continuation Projects: For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may be calculated on a pro -rated basis depending on how long the current or previous year's project has been operating.) Enter your current grant's progress: Project Summary: Briefly summarize the entire application, including the project's problem statement, supporting data, goal, target group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project and that you are confident and comfortable with the information if it were to be released under a public information request. Enter your summary statement for this project: —47— itittke bui Lut u ,e Cii .iIi Cii t.v..., >l:C. .c'. e i i ✓ t C3i:S : t l ' -`-il ai`(l'i Ave rah' ,,*r eiC4 =. 11LIlt:� 11 - tl __ - Lv.1_t.1, =3 4 tv �. he a chc ilia L Cr I -3i L po &iesswPiV ran- .. _. .___.. cult" seeateii :Nell alit tii a .,ut. ir-c rna_, nsrc ,-_i W _._ a _:.0 Project Activities Information Introduction The Project Activities section of the application gathers information about the type of activities your project will incorporate. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand comer of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CID message box. —48— Getting Started On this tab you will notice certain icons that are displayed. a pencil icon - click on this icon to edit your selections. a pencil icon with a red slash through it a€" click on this icon to cancel your edits. a red delete icon at click on this icon to delete the item. a diskette icon - click on this icon to save your work When this icon appears, it is your queue to save the item that you are working on; otherwise, your data will be lost. • an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Reserved This section left intentionally blank. Selected Pro ect Activities: ACTIVITY PERCENTAGE: DESCRIPTION 1. Investigate each drive -by and bring to a conclusion as quickly after the incident as possible. 2. Run computer checks every other week on 30 -40 wanted gang members; prepare packets on them for officers who will attempt to locate them. 3. Conduct drivers license checks in neighborhoods were gang involvement is strongly linked. 4. Conduct knock and talk investigations regarding complaints involving gang Gangs members. 5. Proactively patrol areas hardest hit by Adult 100.00 graffiti. 6. Enhance existing "Save Our Streets" program through further investigation of TIPS to Crime Stoppers hotline regarding felons in possession of firearms. 7. Update existing "Gangscope" software - to collect and disseminate reliable intelligence on gang members. 8. Focus on serial offenders. 9. Collect intelligence at area hangouts where large groups of gang members frequent. 10.Follow through on investigations involving seizures of cash and/or vehicles. —49— Geographic Area: City of Corpus Christi Nueces County Target Audience: All segments of the population Gender: All segments of the population Ages: All segments of the population Special Characteristics: Possible gang affiliation Measures Information Introduction The Project Measures section of the application collects data to track the performance of your proposed project toward its stated objectives. Output measures demonstrate the level of activity of a project. Outcome measures demonstrate the impact of a project in a targeted area, reflecting the extent to which the goals and objectives of the project have been achieved. Output and outcome measures displayed on this page correspond to activities selected or created on the Activities page. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the —50— system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice certain icons that are displayed. a pencil icon - click on this icon to edit your selections. J k a pencil icon with a red slash through it at click on this icon to cancel your edits. a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are working on; otherwise, your data will be lost. • an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Reserved This section left intentionally blank. Objective Output Measures OUTPUT MEASURE CURRENT DATA TARGET LEVEL Number of cash seizures. 61 70 Number of drug seizures. 966 1060 Number of gang members arrested for felony offenses. 194 213 Number of gangs targeted. 11 11 Number of weapons seized. 0 0 Custom Objective Output Measures CUSTOM OUTPUT MEASURE CURRENT DATA TARGET LEVEL Objective Outcome Measures —51— OUTCOME MEASURE CURRENT DATA TARGET LEVEL Cash value of drug seizures (in dollars using DPS calculations). 133823 150000 Number of felony charges filed. 222 244 Number of felony convictions. 0 0 Number of gangs disrupted. 3 4 Value of cash forfeitures (in dollars). 133276 150000 Percent of reduction in drug activity. 0 10 Percent of reduction in drug transactions. 0 10 Percent of reduction in violent crime. 0 25 Custom Objective Outcome Measures CUSTOM OUTCOME MEASURE CURRENT DATA TARGET LEVEL Documents Information Introduction The Supporting Documentation section of the application contains general grantee requirements. Please select or enter the appropriate responses in the areas below. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestarnp in the upper -right hand comer of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do —52— not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice a certain icon that is displayed. • ] = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Certification and Assurances Each applicant must click on this link to review the standard Resolution by Governing Body Except for state agencies, each applicant'must provide information related to the reset, =ion from its governing body, such as the city council, county commissioners&€"t court, school board, or board of directors. Please ensure that the resolution approved by your governing body addresses items one through four below. 5. Authorization by your governing body for the submission of the application to CJD that clearly identifies the name of the project for which funding is requested; 6. A commitment to provide all applicable matching funds; 7. A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update CJD should the official change during the grant period.); and 8. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CJD. If your agency's governing body has approved a resolution for this project, enter the date for this approval below: Contract Compliance —53— Will CJD grant funds be used to support any contracts for professional services? Select the Appropriate Response: _ Yes X No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub - contractor(s) for compliance with the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Note: Pursuant to Texas Government Code A §556.005, a political subdivision or private entity that receives state funds may not use the funds to pay a person required to register as a lobbyist or for lobbying expenses. A political subdivision or private entity that violates this provision is not eligible to receive additional state funds. Select the Appropriate Response: Yes X No N/A For applicant agencies that selected either No or N/A above, have any non - federal funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, loan, or cooperative agreement? —54— Select the Appropriate Reponse: _ Yes X No N/A Single Audit Has the applicant agency expended combined grant federal funding or combined grant state funding of $500,000 or more during the most recently completed fiscal year? Select the Appropriate Response: X Yes No Enter the amount ($) of combined Federal Funds: 13473546 Enter the amount ($) of combined State Funds: 0 Enter the amount ($) of Local Government Funds: 0 Enter the amount ($) of Private Funds: 0 Provide the name and amount for any other source of financial support not listed above: Other Sources of Financial Support: Note: Applicants who expend less than $500,000 in combined federal or combined state funds are exempt from the Single Audit Act and cannot charge audit costs to a CJD grant. However, CJD may require a limited scope audit as defined in OMB Circular A -133. In addition, for applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor (in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133). Enter the date of your last annual single audit: Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to 08/31/20xx). Enter the Begin Date [mm/dd/yyyy]: —55— 8/1/2008 Enter the End Date [mm/dd/yyyy]: 7/30/2009 Equal Employment Opportunity Plan (EEOP) Tvpe I Entity: Defined as an applicant that meets one or more of the following criteria: o the applicant has less than 50 employees; o the applicant is a non -profit organization; o the applicant is a medical institution; o the applicant is an Indian tribe; o the applicant is an educational institution, or o the applicant is receiving a single award of less than $25,000. Requirements for a Tvpe I Entity: o The applicant is not required to prepare an EEOP because it is a Type I Entity as defined above, pursuant to 28 CFR 42.302; and o the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Tvpe II Entity: Defined as an applicant that meets the following criteria: —56— o the applicant has 50 or more employees, and o the applicant is receiving a single award of $25,000 or more, but less than $500,000. Requirements for a Type II Entity: Federal law requires a Type II Entity to formulate an EEOP and keep it on file. o The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et seq., subpart E; o the EEOP is required to be formulated and signed into effect within the past two years by the proper authority; o the EEOP is available for review by the public and employees or for review or audit by officials of CJD, CJDaErms designee, or the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations; o the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services; and o the EEOP is required to be on file in the office of (enter the name and address where the EEOP is filed below): Enter the name of the person responsible for the EEOP and the address of the office where the EEOP is filed: Cynthia Garcia, Human Resources, POB 9277, Corpus Christi, TX 78469 Type III Entity: Defined as an applicant that is NOT a Type I or Type II Entity. —57— Requirements for a Type III Entity: Federal law requires a Type III Entity to formulate an EEOP and submit it for approval to the Ofice for Civil Rights, Office ofJustice Programs, U.S. Department of Justice. o The EEOP is required to be formulated and signed into effect within the past two years by the proper authority; o the EEOP has been submitted to the Office of Civil Rights (OCR), Office ofJustice Programs, U.S. Department of Justice and has been approved by the OCR, or it will be submitted to the OCR for approval upon award of the grant, as required by relevant laws and regulations; and o the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Based on the definitions and requirements above, the applicant agency certifies to the following entity type: Select the appropriate response: _ Type I Entity X Type la Entity _ Type III Entity Debarment Each applicant agency will certify that it and its principles: o Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; o Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) —58— transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses unumerated in section 1.2(a) in the Certification and Assurances document cited above in the Introduction; and have not within a three -year period preceding this application had one or more public transactions (federal, state, or Local) terminated for cause or default. Select the appropriate response: X I Certify _ Unable to Certify If you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot certify the statements. Enter the debarment justification: Fiscal Capability Information Introduction This Fiscal Capability section of the application collects information from nonprofit corporations applying for CM grant funds. Note: If you are NOT a nonprofit corporation, this information is not applicable; therefore, the 'Printer Friendly' version will be blank for all information collected in the Fiscal Capability section. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and —59— navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for COD to review. This can be done by typing in the Notes By Grantee / CJD message box. Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. —60— Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: Yes No Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her supervsior? Select the appropriate response: _ Yes No If you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Financial Capability —61— Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings at a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. Has the grant agency undergone an independent audit? Select the appropriate response: Yes No Does the organization prepare financial statements at least annually? Select the appropriate response: Yes No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: Yes No If you selected 'No' to any question above under the Financial Capability section, in the space provided below explain what action will be taken to ensure accountability. —62— Enter your explanation: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? Yes No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? Yes No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should not have —63— authorization to sign checks and make deposits. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: Yes No Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: Yes No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Budget Details Information Introduction This Budget section of your application details budget line items for your proposed project. To create a new budget line item, click on the icon in the New Budget Item column. You will be directed to a different area on this page to make selections specific to the budget category. After making your selection, write a brief description of the line item in the Expenditure Description box and enter the amount of CJD funds, Cash Match, and if —64— applicable, In Kind Match in the areas provided. In the percentage box, you can enter a percentage for Personnel or number of items to be purchased for Supplies and/or Equipment. When you have finished, click on the Add New Budget Line Item button. Repeat this process for each budget line item needed in each budget category. If you need to edit your entries, click on the '+' icon to expand the budget grid. You will notice that a pencil icon will display after expanding the grid. Click on the pencil icon to be directed to the editing section on this page and follow the instructions in this area to complete your edits. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CID to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice certain icons that are displayed. a plus icon AE" click on this icon to expand a list of items. a minus icon aE" click on this icon to collapse a list of items. a new icon aE" click on this icon to add a new item. a pencil icon - click on this icon to edit your selections. an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. —65— Budget Information by Budget Line Item: CATEGORY CATEGORY DESCRIPTION CJD MATCH IN- KIND MATCH G Personnel Certified Peace Officer - Police Department Overtime for Senior Officers $144,842.00 $0.00 $0.00 $0 Personnel Certified Peace Officer - Police Department Overtime for Lieutenant (supervisor) $37,751.00 $0.00 $0.00 $0 Personnel Certified Peace Officer _ Police Department Fringe Benefits on Officers Overtime pay: Texas Municipal Retirement System from 11 /10 12/31 = 14.8% Texas Municipal Retirement System from 1/1 - 10/31 = 15.58% FICA and Medicare = 7.65% $42,179.00 $0.00 $0.00 $0 Source of Match Information Introduction The Source of Match section of your application collects information regarding the source and amount of Cash Match and In Kind Match. Please enter the description and amounts of match in the spaces provided below and select whether the item is 'Cash Match' or 'In -Kind Match'. After entering an item click on the Add New Item button. When an item —66— has been added, it will appear in the 'Edit the Source(s) of Match Reported' table. You may edit each of the items added to this table by clicking on the 'pencil' icon. If you edited an item in the table, click on the 'diskette' icon to save your edited entries. For further information regarding matching funds refer to 1 TAC, A §3.3; for program income refer to 1 TAC, A §3.73 and A §3.87. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice certain icons that are displayed. La pencil icon - click on this icon to edit your selections. • an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Detail Source of Match/GPI: DESCRIPTION MATCH TYPE AMOUNT —67— Summary Source of Match/GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $0.00 $0.00 $0.00 $0.00 $0.00 Budget Summary Information Budget Summary Information by Budget Category: CATEGORY CJD CASH MATCH IN-KIND MATCH GPI TOTAL Personnel $224,772.00 $0.00 $0.00 $0.00 $224,772.00 Budget Grand Total Information: CJD CASH MATCH IN-KIND MATCH GPI TOTAL $224,772.00 $0.00 $0.00 $0.00 $224,772.00 —68— Condition Of Fundings Information DESCRIPTION CREATED MET HOLD FUND You are logged in as User Name: peldridge —69— RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $224,772 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE TO ADDRESS GANG ISSUES, FUNDS TO BE USED FOR OVERTIME AND FRINGE BENEFITS IN THE POLICE DEPARTMENT, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT; AND DECLARING AN EMERGENCY. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Office of the Govemor, Criminal Justice Division in the amount of $224,772 for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: January 12, 2009. By: T. Trisha Dang Assistant City Attorney For City Attorney -70- THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -71- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27. 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 grant for the 2010 Arts Subgrant program, with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund. ISSUE: The Arts & Cultural Commission is applying to the Texas Commission on the Arts for an "Arts Create Subgranting" grant. The intent of this grant program is to advance the creative economy of Texas by investing in arts organizations so they may `regrant funds to arts and service organizations in their communities. If awarded, this grant will provide additional funding to the 2010 Arts Subgrant program. The funds used to match the grant will be from the FY 09 -10 Arts Grants /Projects budget. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the Texas Commission on the Arts. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission supports the application for this grant. Sally Gavli Parks and —75— Director ecreation Department Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS COMMISSION ON THE ARTS IN THE AMOUNT OF $10,000 FOR THE 2010 ARTS SUBGRANT PROGRAM, WITH A CITY MATCH OF $10,000 IN THE NO. 1030 ARTS GRANTS /PROJECTS FUND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for the 2010 Arts Subgrant Program, with a City match of $10,000 in the No. 1030 fund. ATTEST: Armando Chapa City Secretary Approved as to form: January 15, 2009 Lisa Aguila Assistant Ctt Attorney for the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LEG- DIR \Lisa\2008 Resolutions \Grant -Texas Commission on the Arts $10,000.doc -76- Page 2 of 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG- DIR \Lisa\2008 Resolutions \Grant -Texas Commission on the Arts $10,000.doc -77- 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Commission on the Arts in the amount of $15,000 grant for the 2010 Festival of the Arts, with a City match of $15,000 in the No. 1030 Arts Grants /Projects Fund. ISSUE: The Arts & Cultural Commission is applying to the Texas Commission on the Arts for an "Arts Create -5" grant. The intent of this grant program is to advance the creative economy of Texas by investing in arts organizations. If awarded, this grant will provide additional funding to promote and facilitate the 2010 Festival of the Arts, a 3 -day weekend event. The funds used to match the grant will be from the FY 09 -10 Arts Grants /Projects budget. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the Texas Commission on the Arts. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission supports the application for this grant. Sally Gav , l rector Parks a Recreation Department —81— Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS COMMISSION ON THE ARTS IN THE AMOUNT OF $15,000 FOR THE 2010 FESTIVAL OF THE ARTS, WITH A CITY MATCH OF $15,000 IN THE NO. 1030 ARTS GRANTS /PROJECTS FUND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to submit a grant application to the Texas Commission on the Arts in the amount of $15,000 for the 2010 Festival of the Arts, with a City match of $15,000 in the No. 1030 Arts Grants /Projects fund. ATTEST: Armando Chapa City Secretary Approved as to form: January 15, 2009 Lisa Aguil Assistant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LEG- DIR \Lisa\2008 Resolutions \Grant -Texas Commission on the Arts $15,000.doc -82- Page 2of2 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG- DIR\Lisa\2008 Resolutions \Grant -Texas Commission on the Arts $15,000.doc —83— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27, 2009 AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Downtown Police Department Building 'Percent for Art" Project. ISSUE: Ordinance #19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. REQUIRED COUNCIL ACTION: Approval of Ad Hoc Peer Arts Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission approved the ad hoc peer arts panel at their meeting on December 11, 2008. The Commission and City Staff recommend the ad hoc peer arts panel be approved. Sally G- "ik, Direc Parks a d Recreation Department Attachments: List of Peer Arts Panel Members Background Information -87- Downtown Police Department Selection Peer Arts Panel Percent for Art Phyllis Finley, Artist Captain Todd Green, Community Member and Police Department Representative Michelle Smith, Artist Dan Davis, Community Member -88- Background Information The make up of the ad hoc peer arts panel is directed by policies and guidelines established in the Public Art Ordinance. Two art professionals, two members of the area /neighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make -up of the panel, though only the four being presented for approval will be able to vote on the finalists. The Visual Arts Subcommittee made recommendations to the Arts and Cultural commission of two people that would represent the community and two local art professionals. The ad hoc peer arts panel members were selected and these are their recommendations to the Council. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one - quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and,display of works of art and any other associated costs. —89— 8 AGENDA MEMORANDUM DATE: January 27, 2009 SUBJECT: Wards Building Rehabilitation and Parking Lot (Project No. 4369) AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Solka, Nava, Torno, LLC in the amount of $39,328, for a total restated fee not to exceed $89,232, for the Wards Building Rehabilitation and Parking Lot. ISSUE: The proposed Amendment No. 1 provides for Basic Services and Additional Services for the architectural and engineering work associated with the Wards Building Rehabilitation and Parking Lot project. City Council approval is required to approve this work. FUNDING: Funding is available from the Community Development and Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the Motion as presented. Daniel Gallegos, ° Pete Anaya, P. E., Community Development Administrator Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map H:\USERS2UiOMEVELMMGEMCDBG14369 WARDS BUILDING REHABIAMENDMENT NO. 1 WGENDA MEMO -93- BACKGROUND INFORMATION SUBJECT: Wards Building Rehabilitation and Parking Lot (Project No. 4369) AMENDMENT NO. 1 SCOPE OF PROJECT: The project consists of two separate items that will be bid as Base Bid 1 and Base Bid 2. The Wards Building Rehabilitation will be structured with additive alternates to ensure a base project is awardable with available funding. This will allow the City to proceed with the projects to the extent the budget permits. Additional funding is being requested through CDBG for next fiscal year to complete construction of the work designed, to provide funding for the future phase, and provide any required incentive or build out allowance. Wards Building Rehabilitation - The architectural work on the building will include building condition assessment, preparation of plans, specifications, bid and contract documents for restoration of building envelope integrity, building abatement (asbestos and lead), restoration of exterior walls in a manner consistent with the existing facade. Interior remodeling renovation and restoration is intended to be undertaken through a Request for Proposals to attract a developer to "build out' the interior of the building and provide a use for the Wards Building. The building is considered to have historical significance and work should be undertaken in a manner to preserve the building character. All work must comply with City Development Code requirements, accessibility standards, and Texas windstorm certifications. The construction estimate for this portion of the project is $165,615.91. Wards Building Parking Lot - The architectural and engineering work will include preparation of plans, specifications, bid and contract documents for exterior parking lot construction with sidewalk driveway construction, curbs, gutters, pavement markings, ADA access and signs, driveway closures, and thirty -six (36) covered parking (fabric shade type). The project will include required on site landscaping two bike racks and accommodations for motor scooters. All work will comply with City Development Code requirements, accessibility standards, and Texas windstorm certifications. The parking lot work is estimated to have a construction cost of $230,190.58. BUDGET: The project is funded by the Community Development Block Grant Program. The preliminary (pre -bid) project is shown on the following page. H: HOME\ KEVINSIGEMDMD \WaNBuildingWEAmtl7BkgEZMtloc —94— EXHIBIT "A" Page 1 of 7 FUNDS AVAILABLE: FY2008 -2009 FY2009 -2010 PROJECT BUDGET BUDGET FY2008 -2009 CDBG 426,803 426,803 FY2009 -2010 CDBG (Subject to Authorization) 200,000 200,000 Total 626,803 426,803 200,000 Construction 480,000 305,000 175,000 Construction Contingencies (8.1 %) 38,571 25,571 13,000 Design Consultant (Arch. /Engineer) 94,832 89,232 5,600 Land (Previously Acquired) 0 0 0 Survey (included in A/E contract) 0 0 0 Testing (Materials & Quality Control) 0 0 0 Geotechnical (included in NE Contract) 0 0 0 Admin. Reimbursements 5,400 3,000 2,400 Environmental Analysis (Included in NE Contract) 0 0 0 Elimination of Architectural Barrier Review (Included in NE Contract) 0 0 0 Miscellaneous Expenses (Printing, Advertising, Express, etc.) 8,000 4,000 4,000 Total 626,803 426,803 200,000 AMENDMENT NO. 1: Amendment No. 1 consists of Basic Services and Additional Services beyond the originally approved contract that was issued administratively to allow design work to proceed. Amendment No. 1 is required to provide for the bid and construction phases of the contract and additional services required that could not be identified at the time of administration authorization. The Council authorized the City Manager, or his designee, to execute a First Amendment to Commercial Property Sale and Purchase Agreement and documents necessary to acquire property from Beach Center Corporation. The timeline of that agreement to install covered parking could not be met if design was not administratively authorized. The architect was verbally authorized to start work in an amount not to exceed $49,904 pending preparation of the contract after selection through the Request for Proposal process required for all CDBG funded projects. FEE: The proposed fee for Amendment No. 1 is $39,328 resulting in a total fee of $89,232. The total not to exceed fee consists of $61,274 for basic services and $27,958 for additional services. Additional Services are not part of the basic service used to calculate H AHOME\KEVMa\GEMDMO1Wardauilding WEAmd1 BkgExhA.doc -95- EXHIBIT "A" Page 2 of 7 the fee as a percent of construction. The contract provides for an accelerated design process to complete the parking lot as required in the land and building acquisition contract approved by Council. Basic services are the tasks routinely required for the design of a project including preparation of drawings, specifications, contract documents, bid services and normal construction phase services. Additional services consist of work that is beyond basic services. Routine additional services include topographic or other land surveying, title work, expert witness, environmental assessment, permit preparation /submittal, structural or other specialized engineering assessment, forensic analysis /investigation, geotechnical engineering, materials testing, etc. Amendment No. 1 includes the following work: Basic Services: The Basic Services consists of the Bid Phase and the Construction Phase. Bid Phase • Participate in the pre -bid conference. • Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. • Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. • Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. • In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. Construction Phase • Participate in pre- construction meeting. • Review for conformance to contract documents, shop and working drawings, materials and other submittals. • Review field and laboratory tests. • Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. • Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. • Prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor H:\ HOME\ KEVINS \GEN\DMD\WardBuildingWEAmdt BkgE#W.tloc —96— EXHIBIT "A" Page 3 of 7 and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. • Make final inspection with City staff and provide the City with a Certificate of Completion for the project. • As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (Hypertext Markup Language) format, with Hypertext links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - .Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. • Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file ( AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Additional Services: The Additional Services consists of Permit Preparation, Structural Engineer Services, and Environmental Consultant Services. Permit Preparation • Furnish the City all engineering data and documentation necessary for compliance with the Texas Department of License and Regulation (TDLR) Accessibility Review. Structural Engineer • Prepare a report containing an evaluation of the existing Wards Building structure in its present condition based on observations of existing conditions readily available. For proposed construction authorized by construction contract provide WPI -1 and WPI -2 Forms to the Texas Department of Insurance for improvements to the building. Environmental Consultant • Update previous report, provide abatement work plan, provide required construction abatement monitoring services. The Summary of Fees Table is shown on the following page. H: HOME\ KEVINS 1GEN\DMO \WardBuildingWEFmtl1 BkgE#W.tloc —97— EXHIBIT "A" Page 4 of 7 Summary of Fees PROJECT BACKGROUND: Original Scope of Work — The Nueces Lofts LP was proposing that the City of Corpus Christi acquire the property located at 501 /513 Chaparral Street aka Lots 1- 4, Block 11, Beach Portion, Corpus Christi, TX (approximately 24,990 SF) at the Seller's original acquisition cost of $320,000. The major portion of the property is owned in fee simple; however, the portion occupied by the Wards Building is a leasehold estate with 10 years' remaining on the initial term, plus three 22 -year extensions (76 years total). The lease is held by Beach Center Corporation, a Texas corporation, and the current monthly rent is $1,000 per month. No commissions would be due by any party, and the title policy would be paid by the purchaser and closing costs paid as customary. The original concept was to demolish the Wards Building, which is primarily situated on Lots 3 & 4, and to construct 67 parking spaces with Lots 1 to 4, Block 11, Beach Portion; however, the Wards Building is eligible for listing on the National Register of Historic Places and any proposed demolition would constitute an adverse affect to this historic property. Revised Scope of Work — Due to the unforeseen circumstances of the historical significance of the Wards Building, the special provisions of the agreement have been revised to eliminate any references to constructing 67 parking spaces if the Wards Building is unable to be demolished which is the direction the City is N:\ HOME\ KEVINB \GEN\DMD \WaMBUiltling\AEAmtl1 BkgExMtloc —98— IEXHIBIT "A" I Page 5 of 7 Initial Small NE Amend. No.1 Total Fee for Basic Services 1. Preliminary Phase $0.00 $0.00 $0.00 2. Design Phase 41,794.00 0.00 41,794.00 3. Bid Phase 0.00 2,880.00 2,880.00 4. Construction Phase 0.00 16,600.00 16,600.00 Subtotal Basic Services Fees 41,794.00 19,480.00 61,274.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TDLR Accessibility Review 0.00 1,010.00 1,010.00 2. Topographic Survey 4,810.00 0.00 4,810.00 3. Structural Engineer 0.00 10,063.00 10,063.00 4. Environmental Consultant 0.00 8,775.00 8,775.00 5. Soils Report 3,300.00 0.00 3,300.00 Sub -Total Additional Services 8,110.00 19,848.00 27,958.00 Total Authorized Fee $49,904.00 $39,328.00 $89,232.00 PROJECT BACKGROUND: Original Scope of Work — The Nueces Lofts LP was proposing that the City of Corpus Christi acquire the property located at 501 /513 Chaparral Street aka Lots 1- 4, Block 11, Beach Portion, Corpus Christi, TX (approximately 24,990 SF) at the Seller's original acquisition cost of $320,000. The major portion of the property is owned in fee simple; however, the portion occupied by the Wards Building is a leasehold estate with 10 years' remaining on the initial term, plus three 22 -year extensions (76 years total). The lease is held by Beach Center Corporation, a Texas corporation, and the current monthly rent is $1,000 per month. No commissions would be due by any party, and the title policy would be paid by the purchaser and closing costs paid as customary. The original concept was to demolish the Wards Building, which is primarily situated on Lots 3 & 4, and to construct 67 parking spaces with Lots 1 to 4, Block 11, Beach Portion; however, the Wards Building is eligible for listing on the National Register of Historic Places and any proposed demolition would constitute an adverse affect to this historic property. Revised Scope of Work — Due to the unforeseen circumstances of the historical significance of the Wards Building, the special provisions of the agreement have been revised to eliminate any references to constructing 67 parking spaces if the Wards Building is unable to be demolished which is the direction the City is N:\ HOME\ KEVINB \GEN\DMD \WaMBUiltling\AEAmtl1 BkgExMtloc —98— IEXHIBIT "A" I Page 5 of 7 proceeding especially when federal funds are involved. The proposed number of parking spaces being planned is approximately 36 covered spaces with an additional four to serve the Wards Building, preferences for the 36 parking spaces is allotted for the Downtown Management District. Also, the sales price has increased from $320,000 to $350,000 to reflect the additional costs absorbed by the seller due to a note maturing. An appraisal in the amount of $495,000 justifies the sales price increase. This City -pwned parking development will increase the stock of reserved secure parking for current and future downtown residents which will allow for more rapid absorption of the existing and future apartments in the Downtown Management District, and in turn this will lead to a more rapid increase in the full -time population of downtown. As has been demonstrated in other revitalized downtown cores, an increase in the full -time downtown population leads to increased office occupancies and further accelerates creation of additional commercial /retail users in downtown areas as a result of the improvement in the perception of the neighborhood by the community and its visitors. Ultimately, the improved desirability of Downtown Corpus Christi's neighborhood will lead to increased property tax valuations by way of increased occupancies and increased rates. This will directly increase tax revenues from Downtown for the entire City's benefit. As the need for parking or other downtown space increases, the City will also have the ability to use to property to construct a higher density parking structure or provide for other uses on the property so long as approximately 36 spaces are maintained for residential parking. PROJECT FUTURE: Proposed Use of the Ward Building — After Wards Building Rehabilitation and Parking Lot (Project No. 4369) is completed; Community Development intends to release a Request for Proposal to attract a developer to "build out" the interior of the building and provide a use for the Wards Building. However, in order to meet the intended purpose and injection of federal funds into the Wards Building Rehabilitation and Parking Lot project a Community Development Block Grant (CDBG) national objective must be met. Community Development has reported to the U.S. Department of Housing and Urban Development the national objective that this project will meet is the creation of low -to- moderate income jobs. Although there are attachments to the use of federal funds the incentive for a developer to want to undertake the future use of the Ward Building is to be able to offer the Wards Building at a low lease monthly payment, possibly adequately enough to cover the monthly lease to the owner of the building which is currently $1,000 a month. This is subject to the current vacancy of the building and subject to an increase if the building becomes occupied; such increase once the building is H: Ui OME \KEVINS \GEN\DMD \WardBuildingW EAmd1 BkgExhA.doc -99- EXHIBIT "A" Page 6of7 occupied is comparatively marginal. H1HOMEIKEVINSIGENIDMDIWardBuilding lAEAmd1 BkgExl A.doc -100- EXHIBIT "A" Page 7 of 7 PRIOR PROJECT ACTIONS SUBJECT: Wards Building Rehabilitation and Parking Lot (Project No. 4369) AMENDMENT NO. 1 PRIOR COUNCIL ACTIONS: 1. April 18, 2006 - City Council adopted the FY 2006 Consolidated Annual Action Plan which approved CDBG funding for the Nueces Lofts LP project. (Motion No. M2006- 125) 2. April 17, 2007 — City Council adopted the FY 2007 Consolidated Annual Action Plan which approved CDBG funding for the Nueces Lofts LP project. (Motion No. M2007- 106) 3. December 18, 2007 — Public Hearing to receive public comments regarding an amendment to the FY 2006 and FY 2007 Consolidated Annual Action Plans regarding the use of Community Development Block Grant (CDBG) Program funds for the Nueces Lofts LP project. 4. December 18, 2007 — Motion to authorize the City Manager, or his designee, to amend the FY 2006 and FY 2007 Consolidated Annual Action Plan regarding the use of CDBG Program funds for the Nueces Lofts LP project. (Motion No. M2007 -330) 5. December 18, 2007 — Motion to authorize the City Manager, or his designee, to execute a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christi, Texas (approximately 24,990 square feet). (Motion No. M2007 -331) 6. April 15, 2008 — Resolution adopting the FY 2008 Consolidated Annual Action Plan which approved CDBG funding. (Resolution No. 027664) 7. July 29, 2008 — Motion to authorize the City Manager, or his 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 Christi, Texas (approximately 24,990 square feet). (Motion No. M2008 -196) PRIOR ADMINISTRATIVE ACTIONS: 1. September 2, 2008 — Distribution of RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 consultants. 2. September 3, 2008 — Distribution of Addendum No. 1 to the RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 consultants. 3. September 8, 2008 — Distribution of Addendum No. 2 to the RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 consultants. 4. September 9, 2008 — Distribution of Addendum No. 3 to the RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 consultants. 5. December 15, 2008 - Administrative approval of a Small A/E Contract for Professional Services with Solka, Nava Torno, LLC, of Corpus Christi, Texas, in the amount of $49,904 for the Wards Building Rehabilitation and Parking Lot. EXHIBIT "B" Page 1 of 1 H: \USERS2HOME\VELMARGEN\CDBG\4389 WARDS BUILDING REHABIAMENDMENT NO. 1\PRIOR PROJECT ACTIONS —101— \Mproject \councilexhibits \exh4369.dwg CORPUS Clang! BAy LOCATION MAP NTS PEOPLES ST. 5 STARR ST. PROJECT SITE PROJECT # 4369 VICINITY MAP NOT 70 SCALE EXHIBIT 'C' WARDS BUILDING REHABILITATION AND PARKING LOT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 1/06/2009 -102- AGENDA MEMORANDUM DATE: January 27, 2009 SUBJECT: ADA Accessibility Ramps Staples Street from Six Points to Louisiana Parkway (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37 in the amount of $13,200, made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. [BOND ISSUE 2004] B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik from Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. [BOND ISSUE 2004] ISSUE: This is a joint City and TxDOT project(s) that addresses the need for improvements along Staples Street and Water Street and is part of the effort to comply with the Americans with Disabilities Act (ADA) requirements. The State of Texas, acting through the Texas Department of Transportation, has agreed to enter in Amendment No. 1 to the Advance Funding Agreement with the City of Corpus Christi for the ADA Accessibility Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Cooper's alley to IH 37 downtown of Corpus Christi. The proposed Contract for Professional Services with Martinez, Guy & Maybik provides for engineering design services to reconstruction of sidewalks, driveways, curb & gutter and ADA compliant ramps along both sides of these segments of Staples and Water Street; and requires City Council approval. The project was identified and prioritized by Engineering Services and the Human Relations Department with the Mayor's Committee for Persons with Disabilities. The coordination with TxDOT and the Regional Transit Authority allowed for maximizing resources and minimizing impacts to the public transportation system. FUNDING: Funding is available from the FY2009 Capital Budget and Capital Improvement Planning Guide. H:\ USERSMOME \VELMAP\GEN\STREET630MAMENDMENT NO.2\AGENDA MEMO —105— RECOMMENDATION: Staff recommends approval of the Motion as presented. Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" % Pete Anaya, P.E., Director of Engineering Services Support Material: Background Information Prior Project Actions Contract Summary Location Map Amendment No. 1 to the Advance Funding Agreement H:\ USERS2WOME \VELMAP\GEMSTREET16300\AMENDMENT NO. 21AGENDA MEMO -106- AGENDA BACKGROUND SUBJECT: ADA Accessibility Ramps Staples Street from Six Points to Louisiana Parkway (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) PROJECT DESCRIPTION: This is a joint City and TxDOT project that consists of ADA accessibility ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to IH 37 downtown of Corpus Christi. The project provides for the reconstruction of sidewalks, driveways, curb & gutter and ADA compliant ramps along both sides of these segments of Staples and Water Street. This includes various utility improvements and adjustments such as storm water, curb & gutter, inlets, man -hole ring and covers, valve boxes, fire hydrants, and associated underground adjustments. The project will also include relocating traffic signal poles, new pavement markings, traffic control devices and SWPPP control measures. All work must comply with TDLR requirements and the current requirements /standards of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). The City is using voter - approved Bond 2004 funds to leverage an 80/20 Federal Participation match for construction of this project. As per the Advance Funding Agreement with TxDOT: (See Exhibit "E ") Description Total Estimated Cost Federal Participation State Participation Local Participation Construction of ADA work $2,200000 $1,760,000 0 $440,000 Construction of Utility work 855,198 0 0 855,198 Est. Construction Total $3,055,198 $1,760,000 0 $1,295,798 Direct State Costs $66,000 $52,800 0 $13,200 Indirect State Costs 110,000 88,000 22,000 0 TOTAL TxDOT /CITY MATCH $3,231,198 $1,900,800 $22,000 $1,308,998 The City will be financially responsible for: • 100% of the design cost (included as Amendment No. 2 to Martinez, Guy & Maybik) • 20% of the direct state costs in the amount of $13,200 for plan review, oversight and inspection (included as part of this Advance Funding Agreement) • 20% of the construction cost, • 100% responsibility for all utility improvements. The Federal Participation will be financially responsible for: • 80% of the construction cost (not including any utility work) • 80% of the direct state costs, • 80% of the indirect state costs (no local participation is required) State Participation • 20% of the indirect state cost —107— H:UIOMELLYNDASIGENIStreetsl2004 Bond Issuet6300 - Staples Street ADAWnentment No. 2tAGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 3 The estimated construction cost of ADA and associated sidewalk work is $2,200,000 of which the Federal Participation rate will be capped at $1,760,000 regardless of the actual bid price. AMENDMENT NO. 1 TO THE ADVANCED FUNDING AGREEMENT: Under this Advanced Funding Agreement TxDOT will: • Be responsible for securing the federal share of funding • Approval of all contract letting and award procedures prior to letting and award of the construction contract, and • Approval of all change orders necessary to complete the project The City's participation requirements are as follows: • Provide the architectural and engineering services; responsible for performance of any required architectural or preliminary engineering work • Review and comment on the work as required to accomplish the project; (The State will cooperate fully with the City in accomplishing the project to the degree permitted by State and Federal law) • Provide the right -of -way and real property as required • Provide any utility adjustments and /or relocation costs • Provide advertisement for the construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project • Acquire approval of all contract letting and award procedures from the State prior to letting and award of the construction contract • Acquire approval of all contract change order review and approval procedures from the State prior to start of construction • Upon completion of the Project, the City will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. AMENDMENT NO. 2 TO THE DESIGN CONTRACT WITH MGM: This amendment will provide for the design, bid and construction phase services necessary to prepare plans and specifications for: • ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway • ADA Accessible Ramps along Water Street from Coopers Alley to IH 37, and • Provide Construction Observation Services for ADA Accessible Ramps along Staples Street from Leopard Street to Six Points (Phase 1) (A copy of the contract summary is attached as Exhibit C.) —108— EXHIBIT "A" Page 2 of 3 As per the contract with Martinez Guy Maybik, the cost breakout is as follows: Staples Street from Leopard to Six Points (Phase 1) Construction Observation Services $45,960 Staples Street from Six Points to Louisiana and Water Street from Coopers Alley to IH 37 Basic Services (Design Services) Additional Services Sub - Total: Phase 1 Observation TOTAL FEE AMENDMENT 2 $205,942 $143,481 $349,423 45.960 $395,383 The estimated cost of construction, including utilities, is $3,055,198. Therefore, the percentage of Design Cost to Construction Cost is 6.4%. PROJECT BACKGROUND: The Americans with Disabilities Act (ADA) prescribes accessibility standards for eliminating barriers to disabled individuals. The project was identified and prioritized by Engineering Services and the Human Relations Department with the Mayor's Committee for Persons with Disabilities. The project was also coordinated with TxDOT and the Regional Transit Authority to leverage Federal, State and City funds and resources. The State and MPO participation was approved in the Transportation Improvement Program (TIP) FY 2009 -2010. The projects are included under the Bond 2004 ADA Improvements City-Wide and in the FY 2009 CIP and part of the $95 million Bond Issue 2004 package approved by voters on Tuesday, November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and Safety Projects, Public Facility Improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the ADA. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the proposed project as required. —109— H:WOME\LVNDAS\GENtStreetst2004 Bond Issue16300 - Staples Street ADAWnentment No. 2tAGENDA BACKGROUND.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: ADA Accessibility Ramps Staples Street from Six Points to Louisiana Parkway (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) PRIOR COUNCIL ACTION: 1. April 17, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell - Veteto Engineering Inc. for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) (Motion No. M2001 -141) 2. November 10, 2004 — Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $23,000 for construction of barrier -free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Bond Issue 2004) (Resolution No. 026109) 4. March 8, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA sidewalk access improvements along Staples Street from Leopard Street to Six Points (Motion M2005 -078). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 — Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 — Administrative approval of Amendment No. 1 to the engineering services contract in the amount of $11,590 with Russell - Veteto Engineering Inc. for a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) H:\ USERS2IHOMENELMAPIGEN \STREET63001AMENDMENT NO. 2 \PRIOR PROJECT ACTIONS —110— EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION (continued): 5. June 23, 2004 — Administrative approval of Amendment No. 2 to the engineering services contract in the amount of $750 with Russell - Veteto Engineering Inc. for a total restated fee of $112,508 for additional services associated with the sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 6. June 25, 2004 — Letter to Pat Veteto, P.E., of Russell - Veteto Engineering Inc. informing him that the City was electing to not proceed with the Staples Street segment of the sidewalk accessibility improvements project through his company. 7. October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA sidewalk access improvements along Staples Street from Leopard Street to Six Points. EXHIBIT "B" Page 2 of 2 H:\ USERS2WOME WELMAPIGEN\STREET\6300WMENDMENT NO. 2PRIOR PROJECT ACTIONS —111— CONTRACT SUMMARY SUBJECT: ADA Accessibility Ramps Staples Street from Six Points to Louisiana Parkway (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) SCOPE OF SERVICES: ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway (Project No. 63911 The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps, relocating storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; and installing permanent crosswalk pavement marking. The entire work will extend over an approximate length of 0.65 mile along Staples Street located within a middle school, residential, and light commercial areas. The limits of the work consist of 14 street intersections, of which four are signalized. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 (Project No. 6443) The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps and bulbouts, relocating existing storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; installing permanent crosswalk pavement marking; relocating pedestrian /traffic signal poles. The entire work will extend over an approximate length of 0.71 mile along Water Street located in the downtown area. The limits of work consist of 10 intersections, most of which are signalized and have two directional crosswalks. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. Basic Services 1. Preliminary Phase. The Architect/Engineer -A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design summary report and schematics (TXDOT approved format) which includes preliminary designs, drawings, and written description of the project. This report shall include: EXHIBIT "C" Page 1 of 9 H: \USERS211-1OME\ VELMAP \GEN\STREET\63001AMENDMENT NO. 2 \ CONTRACT SUMMARY —112— a. Conduct a physical examination of each site, field verifying existing conditions and measurements; and taking digital photographs to document these existing conditions. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the project. The Engineer will participate in a minimum of four (4) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The NE will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation [TXDOT] and Texas Commission on Environmental Quality [TCEQ]) as required to satisfactorily complete the project. c. Submit one (1) copy in an approved electronic format (pdf), and one (1) paper copy design summary report and schematics, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design summary report and schematic will include the following (with CONSTRUCTABILITY being a major element in all the following items): • Review of the project with the respective operating department(s) and discussions including clarification and definition of intent and execution of the project; the NE will meet with City/TXDOT staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. • Review and investigation of available records, archives, and pertinent data related to the project including taking photographs of the project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant master plan(s). • Identify results of site field investigation including site findings, existing conditions, and probable project design solutions; (which are common to municipalities). • Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design bases, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). • Advise of environmental site evaluations and archeology reports that are needed for the project (environmental issues and archeological services to be an additional service). • Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. EXHIBIT "C" Page 2 of 9 H:\ USERS2W OME\ VELMAP \GEMSTREEf\6300■AMENDMENT NO. 2 \CONTRACT SUMMARY —113— • Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. • Provide a letter stating that the NE and sub - consultant engineers have checked and reviewed the design summary report and schematic prior to submission. 2. Design Phase. Upon approval of the Preliminary Phase, designated by receiving authorization to proceed, the NE will: a. Study, verify, and implement design summary report and schematic recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City operating department(s) and Engineering Services staff. b. Prepare one (1) set of construction bid and contract documents in City format (using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy of 60% plans (plans only - identify needed specifications) to the City staff for review and approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents, prior to 100% submittal, to all affected utilities including City and all other affected entities (other than private property owners), compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. The NE will request a design exception from TXDOT for right -of -way surveys. The NE will provide responses to requests for additional information and questions concerning the right -of -way survey exception request by TXDOT and other agencies as required. f. Furnish 100% construction documents including specifications for City staff review and approval. Provide one (1) copy of 100% plans for each contract to the City staff for review and approval purposes with revised opinion of probable costs. g. Provide quality assurance /quality control (QA/QC) measures to include in -house plan review and special consultant plan review, to ensure that submittal of the 60% and 100% plans with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. H: \USERS2WOME\VELMAP\GEW STREET\6300\AMENDMENT NO. 2\CONTRACT SUMMARY —114— EXHIBIT "C" Page 3 of 9 h. Provide a Traffic Control Plan which shall include, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. i. Upon approval by TXDOT and the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City/TXDOT format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi/TXDOT. j. Submit one (1) set of final plans within five (5) days from the date of the Engineer's seal to the Texas Department of Licensing and Regulation for review and approval of accessibility issues (application and review fees to be Additional Services). k. The City agrees that any modifications of the submitted final plans (for other uses by the CityfTXDOT) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre- construction meeting. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract EXHIBIT "C" Page 4 of 9 H: \USERS2W OMENELMAP \GEN\STREET\6300WMENDMENT NO. 2 \CONTRACT SUMMARY —115— documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Additional Services 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Commission on Environmental Quality (TCEQ) Permits /Amendments b. Texas Department of Transportation (TXDOT) c. Texas Department of Licenses and Regulation (TDLR) 2. Right -of -Way (ROW) Acquisition Survey. The NE will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TXDOT requirements as applicable. NE Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. 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 I 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. EXHIBIT "C" Page 5 of 9 H: USERS2WOME\ VELMAP\GEMSTREET\6300\AMENDMENT NO. 2\CONTRACT SUMMARY —116— 4. Environmental Issues. No additional fee in Amendment No. 2. 5. RAS Consultant Services. Acquire services from a RAS consultant to review plans per TDLR requirements, assist with variances, and conduct field investigations during project design and inspections during construction. Participate in meetings with Mayor's ADA Committee presenting pertinent factors associated with the two (2) projects. Coordinate and provide necessary documents and fees to obtain TDLR approval of design and construction drawings. 6. Public Meeting. Attend one public meeting, participation with preparation of exhibits. 7. 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 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. 8. Right -of -Way (ROW) Encroachment Exhibits. Exhibits without metes and bounds description. 9. Coordinate Right -of -Way (ROW) Encroachments with TXDOT. No additional fee in Amendment No. 2. 10. Resolve Historical Commission Issues /Prepare Exhibits. No additional fee in Amendment No. 2. 11.TXDOT Category Exclusion Report. Coordinate, prepare, and submit Category Exclusion for TXDOT approval. 12. Construction Observation Services. Provide a project representative (PR) to provide periodic construction observation. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of NE, and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. EXHIBIT "C" Page 6 of 9 H: \USERS2\HOMEW ELMHP\OEN\STREET63001AMENDMENT NO. 2 \CONTRACT SUMMARY —117— 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: a. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. b. Record date of receipt of Samples and approved Shop Drawings. c. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any observation, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or EXHIBIT "C" Page 7 of 9 H: \USERS2\ HOME \VELMHP\GEMSTREET\6300\AMENDMENT NO. 2\CONTRACT SUMMARY —118— changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to NE and the City. 8. Reports: a. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. c. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: a. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. b. Participate in a final inspection in the company of NE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. c. Observe whether all items on final list have been completed or corrected and make recommendations conceming acceptance and issuance of the Notice of Acceptability of the Work. PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday February 2, 2009 Begin Preliminary Phase Friday April 3, 2009 Design Memorandum Submittal Friday April 17, 2009 City Review Monday April 20, 2009 Begin Design Phase Friday July 24, 2009 Interim Submittal Friday July 31, 2009 City Review Friday August 28, 2009 Pre -Final Submittal Friday September 4, 2009 City Review Friday September 11, 2009 Final Submittal Friday September 18, 2009 TXDOT Submittal Monday (3) February 1, 8, 15, 2010 Advertise for Bids Wednesday February 10, 2010 Pre -Bid Conference Wednesday February 17, 2010 Receive Bids weekday March 2010 Begin Construction weekday November 2010 Construction Completion EXHIBIT "C' Page 8of9 H: \USERS2111 OME\ VELMAP\GEN4STREET\6300NMENDMENT NO. 2 \CONTRACT SUMMARY —1 1 9— c O a x 0 0 0 O a 8 J E '0 g 0 m in 00 a. 0 N C ?) W 0 so. `0 0 N d 0) 0 0 2 0 TO0 o c CO Z E 0 O O D. E to 8 0 a 0 F 0 3 (O 0 w 0 a n 0 O CO tri N 0 N co 0 a °o O 0 8 0) 0 O 00 co °o N O 0 0 00 N 00 N 0 0) o° 0 0 0 0 o° n 0 oi r N 0 CO O 0 '7) a ent No. 2 Total Amendment No. 2 $72,974.00 103,985.00 2,815.00 26,168.00 205.942.00 900.001 3,990.00 4,700.00 14,448.00 34,440.00 0.00 4,057.00 0 CI O N 0 o (7 0 (0 O G 0 C 0 0 aid P 0 r 189.441.001 — I $395,383.00 Water Street from Coopers Alley to 11-137 (6443) $44,790.00 69,628.00 1,800.00 17,032.00 133,250.00 450.00 2,270.00 2,500.00 0 0 0 0 0 N C p op 0 0) N N 0 co N r 0 O (0 r 0 0) 0) c) 0 C 0 0 2,133.00 42,120.00 54,927.001 88,554.001 $127,619.001 5221,804.00 01/27/09 Staples Street from Six Points to Louisiana (6391) $28,184.001 34,357.00'. 1,015.001 9,136.00 72,692.00 450.00 1,720.00 2,200.00 5,283.00 13,885.00 0.00 1,557.00 p 0 o 0 1,650.001 2,873.001 0 o 0 0 00,00, co 0 co. r N IStaples Street from Leopard Street to Six Points (6300) 0 0 0 0 0 00000 N 0 0 o 0 0 0 0 000 o O o 0 0 0 0 o000 G o o 0 0 0 0 0 0 C 0.00 0 O 00'0 00 00 0 0 0) N V 1 45,960.001 00 0 0 6 6 1 Amend. No. 1 Staples Street from Leopard Street to Six Points (6300) $8,400.00 28,800.00 1,400.00 8,800.00 47,400.00 00 0 0 000 (13,000.00) 13,800.00 0.00 0.00 00 0 0 0 • 0 0 0 0 0 740.00 I 0 00 (5,680.00) $41,720.001 10/12/07 Admin. Approval Original Contract Staples Street from Leopard Street to Six Points (6300) $25,080.00 39,860.00 1,140.00 11,870.00 77,950.00 570.00 0.00 0.00 13,000.00 33,030.00 0.00 3,200.00 4,000.00 1,650.001 0 0 no' ap 0 0 0 0 0 0 0 0 0 00 63,550.001 $141,500.001 03/08/05 Ilr M2005 -079 8 0 8 co 0 c § o c 3 o c n 9 n 2 E .N m c 'D .5 'E' € H ON m fl x° m 'm `o h. m 611 E�? g:� c CO • m w N c.c • w y W VN x W a m ai 0 N • Q C 0 w2 b r y C E p a Z n m09 =i 0tm0K Emm�m�y O . saE= -aa ga ::F=gVic 0 0¢¢ ap 9 ..8= a' g =webs o = 0 0 2(5 ppQ O. I° 0 p p 0 o —0 V m U X 0 0 0 C Q C d 0 0 0 O C N O x rx C 9 aF1- t- O:FW¢Oa3K E 3CC -F-Um LL O _ N O U N CO A CO a Or r 0 4 0 H: \USERS2W OME\VELMAP \GEN\STREET6300 WMENDMENT NO. 2\CONTRACT SUMMARY —120— 1 EXHIBIT "C" I Page 9 of 9 File : \Mproject \councilexh \6300e.dwg PROJECT 11 6300 LOCATION MAP NOT TO SCALE EXHIBIT "D' STAPLES STREET FROM LEOPARD STREET TO SIX POINTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 3 DATE: 01 -12 -2009 MN MEM Mr IMO -121- File : \Mproject \councilexhibits \exh6391b.dwg San Patricio County 9I11ECES B.Ay SIX POINTS LOUISIANA PKWY CORPUS a[RISl B.4y PROJECT # 6391 VICINITY MAP NOT TO SCALE EXHIBIT 'D' STAPLES STREET FROM SIX POINTS TO LOUISIANA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 01-12-2009 IMP. OMB -122- File : \ Mproject \councilexhibits \exh6443.dwg San Patricio County CORPUS cYTR.IS?f BAY CORPUS CHRISTI INIERNAIIONAL AIRPORT , PROJECT # 6443 VICINITY MAP NOT TO SCALE EXHIBIT 'D' WATER STREET FROM COOPERS ALLEY TO 111-37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 3 DATE: 01 -12 -2009 IMM 123 EXHIBIT "E" 1 Page 1 of 6 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ 6: Q91845.134 OINdct 6 awMI Dahill 16 Code Chat 64 s: aH900 Project FP 2006 aril MM ADVANCE FUNDING AGREEMENT AMENDMENT 01 THIS AMENDMENT 15 MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi acting by and through Its duly authorized officials, hereinafter called the 'Local Government*. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 19" day of October, 2005 to effectuate their agreement to undertake and complete a Transportation Enhancement generally deecdbed as the construction of Americans with Disabilities Act (ADA) accessible ramps at multiple locations and, WHEREAS, it has become necessary to amend that contract to address an authorized modification to the project locations to include the downtown area: NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Articlel. Description of Amended items 1.) Artois 4. Scope of Work, is voided in fts entirety and replaced with the following: The scope of work for the Project which is at the locations shown in Attachment B-1 page 1 and page 2, "Project Location Maps are described as construction of ADA accessible ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway, and on Water Street from Coopers Alley to Interstate Highway 37 downtown of Corpus Christi. 2.) Article 9, Architectural and Engineering Services, is voided in its entirety and replaced with the following: The Architectural and Engineering Services will be provided by the Local Government. The Local Govananent is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish Local m Government accomplishing these local public purposes to the degree cooperate erms by State and Federal law. The Consultant Engineer fired by the Local Government shall sign, sea! and date all appropriate engineering submissions to the State in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. Should any resealing of the documents become necessary once the work has been sealed and accepted by the State, the State will notify the Consultant Engineer in writing of the posstlllty that a State Engineer, as a second Engineer may find it necessary to after, complete, correct, reWse and add to the work. If necessary the second Engineer will affix dusk seal to any work altered, completed, corrects, revised or added. The second Engineer Si then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original Engineer's design. The Local Government's Consultant Engineer shall comply with all applicable federal, state and focal Taws, statues, codes, ordinances, rules and regulations, and to orders and decrees of any court, or administrative bodies or trbunals in any manner affecting the performance of the preparation of the PS&E and general notes. The Local Governments Consultant Engineer shall save harmless the State and it's employees of all claims and Qebi ty due lo activities of Itself, its agents or employees, and work performed under the Local Government's contract with the Consultant Engineer tat prepared the PS&E and general —124— cSd s: g918a5.134 District A: Cohn CMMI tkeuld 16 Code ChM n k Project FP 2006 r,' MAMI notes for Lids Project which are caused by or result from error. omission or negligent act of the Consulting Firm hired by the Local Government, We agents or employees. 3.) Artkde 10. Corsiblrction Responsibilities, Item c, le voided in its entirety and replaced with the following: AN contract change order review and approval procedures must be approved by the State prior to start of construction. The Local Government will be responsible for any contractor claims that are the result of any delays that may be incurred by the contractor. 4.) Article 12, Local Project Sources and Uses of Funds, item d, is voided in its entirety and replaced with the following: The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Traneporiation Commission. Federal funds will be reimbursed on a cost basis. Project coals Incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement Faliowbg execution of this Agreement, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant made payable to the 'Texas Department of Transportation- to cover administrative expenses andlor the estimated cost for the State's review of the preliminary plans, specification, and engineering (PS&E) work. The Local Government shall advance to the State upon execution of this agreement, a check or warrant made payable to the'Texes Department of Transportation' in the amount of $13,200.00 to Dover assistance in the processing of the environmenlal assessment and reviewing the construction plans. In addition, the City shell submit 45 days prior to the project letting a check for the remaining balance. This amount collected will be utilized to process the engineering construction plans end construct the project The maximum Federal Funds available for this project is $1,812,800.00." 5.) Article 12, Local Project Sources and Uses of Funds, Item h, Is voided in its entirety and replaced with the following: 'The state eau* may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or Indirectly through a subcontract under the conked. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract ads as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the Investigation or audit.' 8.) Attachment C, Project Budget Estimate and Sources of Funds, Is voided In its entirety and replace with Attachment C-1, Project Budget Estimate and Sources of Funds. All other provisions of the original contract are unchanged and remain in fug force and effect. —1 2 5— IEXHIBIT "E" I Page 2 of 6 CSJ r. 91845434 Diddet . Comm duke DistM to Cade Chart 84 is MEN Pad: 8TP MOB 12$M MM Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT THE STATE OF TEXAS Executed for the Executive Director and City of Cormn Christi approved for the Texas Transportation Name of Local Government Commission for the purpose and effect of activating andlor carrying out the orders, By: established policies or work programs Signature heretofore approved and authorized by the Texas Transportation Commission. Printed Name By: Janice Mulhnex Director of Contract Services Title Texas Department of Transportation Date -126- EXHIBIT "E" Pane II nfR CSJ#: 0916- 35-134 District #: Corpus Christi 16 Code Chart 64t 09800 ProjectTh S1? 2006 (288) MM LOCATION MAP LIMITS: FROM ON STAPLES STREET AT SIX POINTS TO LOUISIANA PARKWAY TTPE OF RCM CONSTRUCT ADA ACCESS RAMPS CSJ: 0916 -35 -1.34 PROJECT LENGTHS APPROX. 0.001 MLLES NUECES COUNTY, TEXAS —127— CSJ#: 0916 -35 -134 District 11: Corpus Christi 16 Code Chart 60: 09800 Project8: STP 2006 (288) MM LOCATION MAP "' »• LIMITS: 4300'INI *10 TYPE OF WORK: CONSTRUCT ADA ACCESS RAMPS CSJ: 0916 -35 -134 PROJECT LENGTH: APPROX. qT MILES NUECES COUNTY, TEXAS —128— IEXHIBIT "E" I Page 5 of 6 CSJ # 091635 -134 District #: Comus Christi District 16 Coda Chart 64 4: 09800 Project: Si? 2006 (288) MM ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS The Local Govemment will participate in the cost of the construction of ADA accessibility ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to IH -37 downtown of Corpus Christi. These locations are all off- system locations. Based on the funding Category 7, SIP Metropolitan Mobility, the Local Government's participation is 20% of the cost of these improvements and the other 80% will be paid for with federal funds. The Local Government's estimated construction participation of this additional work is $453,200, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation State Participation Local Participation % I Cost % I Cost % I Cost CONSTRUCTION COSTS Preliminary Engineering $ 0 $ 0 $0 $ 0 Construction of ADA accessibirdy ramps 2,200,000 80% 1,780,000 0% 0 20% 440,000 Subtotal 2,200,000 1,780,000 0 440,000 Direct State Costs — 3% (Including plan review, inspection and oversight) 88,000 80% 52,800 0% 0 20% 0% 13,200 0.00 indirect State Costs— 5% (no local pattldpation required except for service projects) 110,000 80% 88,000 20% 22.000 TOTAL $2,376,000 $1,900,800 $22,000 $453,200 Engineering and contingencies charges will be based on actual charges. Local Government's Participation (20 %) = MUM It is understood that the proposed improvements will be done by the Local Government. The Local Govemment will transmit to the State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of $13.200 made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the Local Govemment. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a construction estimate only; final participation amounts will be based on actual charges to the project. Revised 01-24-2008 Page 1 of 1 -1 2 9- EXHIBIT "E" Page 6 of 6 CITY OF CORPUS CHRISTI AMENDMENT NO.2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and MARTINEZ, GUY & MAYBIK, INC. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for ADA Sidewalk Access Improvements along Staples Street from Leopard Street to Six Points as authorized and administratively amended by: Original Contract March 8, 2005 Motion No. M2005 -079 $141,500.00 Amendment No. 1 October 12, 2007 Administrative Approval $41,720.00 The scope of the original Contract for Professional Services shall be amended to include the following two (2) projects: ADA Accessible Ramps alone Staples Street from Six Points to Louisiana Parkway (Project No. 6391 The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps, relocating storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; and installing permanent crosswalk pavement marking. The entire work will extend over an approximate length of 0.65 mile along Staples Street located within a middle school, residential, and light commercial areas. The limits of the work consist of 14 street intersections, of which four are signalized. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. ADA Accessible Ramps alone Water Street From Coopers Alley to IH 37 (Proiect No. 64432 The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps and bulbouts, relocating existing storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; installing permanent crosswalk pavement marking; relocating pedestrian /traffic signal poles. The entire work will extend over an approximate length of 0.71 mile along Water Street located in the downtown area. The limits of work consist of 10 intersections, most of which are signalized and have two directional crosswalks. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. H: USERS2IHOME WELMAP\GENISTREET6300WMENDMENT NO. 2■AMENDMENT NO. 2 - 1 3 0- IAMEND. NO. 2 I Page 1 of 10 Exhibit "A" of the original Contract for Professional Services, Exhibit "A ", Section 1. Scope of Services. Part A. Basic Services shall be amended to include Basic Services for ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway (Project No. 6391) and ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 (Project No. 6443) as follows: 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The Architect/Engineer -A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design summary report and schematics (TXDOT approved format) which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Conduct a physical examination of each site, field verifying existing conditions and measurements; and taking digital photographs to document these existing conditions. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the project. The Engineer will participate in a minimum of four (4) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation [TXDOT] and Texas Commission on Environmental Quality [TCEQ]) as required to satisfactorily complete the project. c. Submit one (1) copy in an approved electronic format (pdf), and one (1) paper copy design summary report and schematics, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design summary report and schematic will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the project with the respective operating department(s) and discussions including clarification and definition of intent and execution of the project; the NE will meet with City/TXDOT staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the project including taking photographs of the project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant master plan(s). 3) Identify results of site field investigation including site findings, existing conditions, and probable project design solutions; (which are common to municipalities). AMEND. NO. 2 Page 2 of 10 H:\ USERS2W OMENELMAP \GEMSTREET\63001AMENDMENT NO. 2WMENDMENTINN. j AMEND. NO. 2 I Page 3 of 10 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design bases, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the project (environmental issues and archeological services to be an additional service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the NE and sub - consultant engineers have checked and reviewed the design summary report and schematic prior to submission. d. Perform the items as shown on Exhibit "A -1" Task List. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files); b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the project area; d. Through separate contract, related GIS mapping for existing facilities; e. A copy of existing studies and plans (as available from City Engineering files); f. Field location of existing city utilities (consultant to coordinate with City operating department); g. Provide applicable master plans. 2. Design Phase. Upon approval of the Preliminary Phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design summary report and schematic recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City operating department(s) and Engineering Services staff. b. Prepare one (1) set of construction bid and contract documents in City format (using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire project; description of materials H:IUSERS2 WOME \VELMA%GEMSTREET163001AMENDMENT NO. 21AMENDMENT NO. 2 - 1 3 2- to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy of 60% plans (plans only - identify needed specifications) to the City staff for review and approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents, prior to 100% submittal, to all affected utilities including City and all other affected entities (other than private property owners), compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. The A/E will request a design exception from TXDOT for right -of -way surveys. The A/E will provide responses to requests for additional information and questions concerning the right -of -way survey exception request by TXDOT and other agencies as required. f. Furnish 100% construction documents including specifications for City staff review and approval. Provide one (1) copy of 100% plans for each contract to the City staff for review and approval purposes with revised opinion of probable costs. g. Provide quality assurance /quality control (QA/QC) measures to include in -house plan review and special consultant plan review, to ensure that submittal of the 60% and 100% plans with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. h. Provide a Traffic Control Plan which shall include, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. i. Upon approval by TXDOT and the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City/TXDOT format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi/TXDOT. j. Submit one (1) set of final plans within five (5) days from the date of the Engineer's seal to the Texas Department of Licensing and Regulation for review and approval of accessibility issues (application and review fees to be Additional Services). k. The City agrees that any modifications of the submitted final plans (for other uses by the City/TXDOT) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the project specifying the funds available for the construction contract. AMEND. NO. 2 Page 4 of 10 H:\ VSERS2WOME\ VELMAP\GEN\STREET1630MAMENDMENT NO. 2WMENDMENN c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a. Participate in the pre -bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation conceming bid evaluation and recommendation and prepare agenda materials for the City Council conceming bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre- construction meeting. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor H:\USERS2 HOME\ VELMAP \GENGSTREET\6300RAMENDMENT NO. 2AMENDMENT NO. 2 —134— AMEND. NO. 2 Page 5 of 10 and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file ( AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. Exhibit "A" of the original Contract for Professional Services, Exhibit "A ", Section 1. Scope of Services, Part B. Additional Services shall be amended to include Additional Services for ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway (Proiect No. 6391) and ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 ( Proiect No. 6443) as follows: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Commission on Environmental Quality (TCEQ) Permits /Amendments b. Texas Department of Transportation (TXDOT) c. Texas Department of Licenses and Regulation (TDLR) 2. Right -of -Way (ROW) Acquisition Survey. The NE will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) corifrol network and comply with all TXDOT requirements as applicable. NE Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. 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 I 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. AMEND. NO. 2 Page 6 of 10 H: \USERS2\ HOME \VELMAP \GEMSTREET63D0\AMENDMENT NO. 2WMENDMENI 4. Environmental Issues. No additional fee in Amendment No. 2. 5. RAS Consultant Services. Acquire services from a RAS consultant to review plans per TDLR requirements, assist with variances, and conduct field investigations during project design and inspections during construction. Participate in meetings with Mayor's ADA Committee _y;pesenting pertinent factors associated with the two (2) projects. Coordinate and provide necessary documents and fees to obtain TDLR approval of design and construction drawings. 6. Public Meeting. Attend one public meeting, participation with preparation of exhibits. 7. 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 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. 8. Right -of -Way (ROW) Encroachment Exhibits. Exhibits without metes and bounds description. Coordinate Right -of -Way (ROW) Encroachments with TXDOT. No additional fee in Amendment No. 2. 10. Resolve Historical Commission Issues /Prepare Exhibits. No additional fee in Amendment No. 2. 11. TXDOT Category Exclusion Report. Coordinate, prepare, and submit Category Exclusion for TXDOT approval. 12. Construction Observation Services. 1. Provide a project representative (PR) to provide periodic construction observation. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of NE, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project- related meetings as required by the City, and prepare and circulate copies of minutes thereof. H: \USERS2\ HOME\ VELMAP \GENaSTREET163001AMENDMENT NO. 21AMENDMEN I Nd.g AMEND. NO. 2 Page 7 of 10 3. Liaison: a. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: a. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. b. Record date of receipt of Samples and approved Shop Drawings. c. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any observation, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. AMEND. NO. 2 Page 8 of 10 H: \USERS2 HOME\ VELMAPIGENASTREET\0300\AMENDMENT NO. 2\AMENDMENT NO. 2 - 1 37— 8. Reports: a. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. c. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: a. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. b. Participate in a final inspection in the company of NE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. c. Observe whether all items on final list have been completed or corrected and make recommendations conceming acceptance and issuance of the Notice of Acceptability of the Work. Exhibit "A" of the original Contract for Professional Services, Exhibit "A ", Section 2. Schedule, shall be amended to include Proposed Project Schedule for ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway (Proiect No. 6391) and ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 (Project No. 6443) as follows: PROPOSED PROJE DAY DATE ACTIVITY Wednesday February 2, 2009 Begin Preliminary Phase Friday April 3, 2009 Design Memorandum Submittal Friday April 17, 2009 City Review Monday April 20, 2009 Begin Design Phase Friday July 24, 2009 Interim Submittal Friday July 31, 2009 City Review Friday August 28, 2009 Pre -Final Submittal Friday September 4, 2009 City Review Friday September 11, 2009 Final Submittal Friday September 18, 2009 TXDOT Submittal Monday (3) February 1, 8, 15, 2010 Advertise for Bids Wednesday February 10, 2010 Pre -Bid Conference Wednesday February 17, 2010 Receive Bids weekday March 2010 Begin Construction weekday November 2010 Construction Completion Exhibit "A" of the original Contract for Professional Services, Exhibit "A ", Section 3. Fees, shall be amended as specified in EXHIBIT "A" SUMMARY OF FEES. H: \USERS2\ HOME \VELMAP\GENtSTREET\6300WMENDMENT NO. 2W MENDMENT NO. 2 -138- AMEND. NO. 2 Page 9 of 10 All other terms and conditions of the March 8, 2005 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI By Oscar Martinez Assistant City Manager RECOMME r ED By Pete Anaya, P. E., Date Director of Engineering Services Date ATTEST By Armando Chapa, City Secretary APPROVED AS TO FORM By Assistant City Attorney Date MARTINEZ,;GUY^ & MAYBIK By i//»A I chatd Martinez, P.E. f President 6000 S. Staples, Suite(„207 Corpus Christi, TX 78413 (361) 814-3070 Office (361) 991-7970 Fax Project No. Project Title Fund Source No. Amount 6300 Staples Street from Leopard to Six Points 550950 - 3541 - 00000 - 170065 $45,960.00 6391 Staples Street from Six Points to Louisiana 550950 -3541- 00000 - 170066 127,619.00 6443 Water Street from Coopers Alley to IH 37 550950 - 3541 - 00000 - 170193 221,804.00 Total $395,383.00 Encumbrance Number: H: \USERS2 W OME\V ELMAP\GEMSTREEn6360AMENOMENT NO. 2AMENDMENT NO. 2 — 1 3 9— AMEND. NO. 2 Page 10 of 10 C O a x h 0 m in 0 O J E ° 2 o to y d O a o u C.15 OO d D m N 11 mw N cu m C 0 0 0 c O oo C o Z 17 m0° ▪ Dp6v Z U ADA Sidewalk Access Improve LL O 0 0 o h f0 1- 0 0 N S Co V 00 0 a 0 0 S ad 8 0 N m S 0 0 N 00 oi to 00 0 00 0 00 6 00 n 17 00 CO O 00 0) 00 0 a Amendment No. 2 Total Amendment No. 2 O O O O O nm�1°da rnrnm. -m F. CO N N N 0090099 S a 0 $ 0 0 a�e 0 0 0 0 co a sa t 7 a N t o S o co 0 0 9 O o co t 7 110.880.00 0 NT as S w 07 0 M W 0 2 r 0 Water Street from Coopers Alley to IH 37 (6443) 0 SSS 9 0 0 0 o N o OI N O 17 m 1. CD CO O N pQ OI�I�10 450.00 2,270.00 2,500.00 9,165.00 20,555.00 0.00 2,500.00 1,216.00 1,650.00 3,995.001 0 o 0.00 2,133.00 42,120.00 0 ID m co $221,804.00I Staples Street from Six Points to Louisiana (6391) 00 00 00 00 5 0 Z0.- cmim 170. -0 CO d cr N N, CO 450.00 1,720.00 2,200.00 5,283.00 13,885.00 0.00 1,557.00 853.00 1,650.00 2,873.001 0 c 0.00 1,656.00 22,800.001 $127,619.001 Staples Street from Leopard Street to Six Points (6300) 0 0 S 00 O S O COO O to 0 0 0 0 0 0 0 0 0000000 0 0 o o o a O o O 0 0 0 0 G 0.00 0 0 0 0 O 9 45,960.00[ 0 0 0 m N a 0 9 o 10 ID a 1 Amend. No.1 Staples Street from Leopard Street to Six Points (6300) $8,400.00 28,800.00 1,400.00 8,800.00 47,400.00 0.00 0.00 0.00 (13,000.00) 13,800.00 0.00 0.00 0.00 0.00 0 o O OS 0 740.00 I 0.00 0 0 (5,680.00) $41,720.00 10/12/07 Admin. Approval Original Contract Staples Street from Leopard Street to Six Points (6300) $25,080.00 39,860.00 1,140.00 11,870.00 77,950.001 570.00 0.00 0.00 13,000.00 33,030.00 0.00 3,200.00 4,000.00 1,650.00 0 00 co. S 0 00 S 0 0 S 0 O 0 o of CO S oR V M m q� Qm ill p 0 N O t m N a N c a N co a CO Tor 0 N N .c a m M N 10 a O U 0 X o 0 (0 d N E c E 0 w N 0 CO CO `a m m J L_ N x G w.0 0: Ev E g oa m ¢ E m O) 0 D a) O w O 3 0 X IL 9 F -140- AMEND. NO. 2 EXHIBIT "A" Page 1 of 1 City of Corpus _ Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "N /A ". FIRM NAME: Martinez, Guv & Mavbik Inc. STREET: 6000 S. Staples Street, Suite 207 CITY: Corpus Christi FIRM Is: 1. Corporation X 5. Other 2. Partnership_ 3. Sole Owner ZIP: 78413 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Job Title and City Department (if known) N/A 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title N/A 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ricardo Martinez:P. E. Title: President Signature of Certit,d_ng Person: r r Pnnt) ype -or nn _ !� ( l7fH Date: ll -141- EXHIBIT "B" Page 1 of 2 DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "B" Page 2 of 2 -142- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $13,200, FOR ADA ACCESSIBLE RAMPS AT MULTIPLE LOCATIONS ON STAPLES STREET FROM SIX POINTS TO LOUISIANA PARKWAY, AND ON WATER STREET FROM COOPERS ALLEY TO INTERSTATE HIGHWAY 37, MADE BY AND BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, HEREINAFTER CALLED THE "STATE," AND THE CITY OF CORPUS CHRISTI. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute Amendment No. 1 to the Advance Funding Agreement with the State of Texas in the amount of $13,200 for the construction of ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway, and on Water Street from Coopers Alley to Interstate Highway 37. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 19- Jan -09 Ve1"onice Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLEG- DIR \Veronica0 \1.ENG \1 AGENDA 1 T E M S \09 \012709 \012709 RESO am#1 to adv fund 4 ADA Ramps.doc —143- 1 OF 2 day of , 2009. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG- DIR\Veronica0 \1.ENG \1 AGENDA ITEMS \09 \012709 \012709 RESO am #1 to adv fund 4 ADA Ramps.doc —144— 10 AGENDA MEMORANDUM City Council Action Date: January 27, 2009 SUBJECT: Wood River Lift Station Upgrades and Force Main Extension Base Bid B Contract Change Order No. 1 (CIP Project WW #30) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $88,180.25 for a total restated fee of $1,460,600.25 for the Wood River Lift Station Force Main Extension Base Bid B Contract due to changes in bid unit quantities as a result of shifting the force main to the east and installation of a traffic island at Riverwood and FM 624. ISSUE: The additional direction drilling and associated work is required to avoid demolition and reconstruction of new concrete parking lot and driveways along FM 624 and avoid high voltage AEP power lines. The new concrete parking lots were installed as part of new businesses established after design of this project. The direction bore is the most cost effective solution and avoids adverse impacts to the businesses with additional construction delays and cost to remove and replace the match the existing concrete. This solution also provides increased safety with nearby high voltage lines. Additional work includes the installation of a concrete traffic island at Riverwood and FM 624. FUNDING: Funding for this project will come from the FY 2009 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Change Order No. 1 Exhibit "C" Location Map Pete Anaya, P.E. Director of Engineering Services H :NOME\LYNDAS\GEN1Westewater17148 - Wood River Lift Station \CO 1Wemodoc —147— AGENDA BACKGROUND INFORMATION SUBJECT: Wood River Lift Station Upgrades and Force Main Extension CHANGE ORDER NO. 1 DESCRIPTION: This proposed Change Order No. 4 (See Exhibit B) provides for additional directional drilling, casing and force main extension. The work consists of approximately 350LF of directional boring with 16" HDPE Pipe, bore pits. Additional work includes minor extension to the FM 624 bore for approximately 30LF of steel casing and 16" force main. This work avoids potential delays in the project for demolition and reconstruction of existing concrete parking lot and driveways for new businesses along FM 624. Additionally there are high voltage AEP power lines limiting the area to reroute or adjust the line. The direction bore is the most cost effective and safe solution, and avoids adverse impacts to the businesses. Additional work includes the installation of a concrete traffic island at Riverwood and FM 624 with associated striping and other work. CHANGE ORDER TERMS: The original construction contract provided for 300 calendar days from Notice to Proceed. This change order will add an additional 30 calendar days to the contract and result in an anticipated completion timeframe of mid -May 2009. CHANGE ORDER BACKGROUND: Directional Drilling & Bore Work: After design of the force main contract began, development in this area started to increase to include the construction of a new feed store at Wood River and FM 624 and a new bank located on CR 69 within the limits of this project. The first element of the change order provides for boring across the feed store property in lieu of demolishing and reconstructing the new concrete parking lot and causing major impacts to the property owner's business. The second element provides for an alignment adjustment of the force main across FM 624 and south along CR 69. The shift in alignment is to allow the new force main to remain in the right -of -way along CR 69 in lieu of a utility easement on the abutting property of the bank. With continued development in the area, the existing utility easement planned will be required for other utilities. This element of the change order required extending the bore under FM 624 and minor adjustment in the FM along CR 69. Concrete Island: In 1999, there was an increase of right angle collisions at the intersection of Riverwood Road and F.M. 624 (Northwest Boulevard). The accidents were caused by motorist making left turns from Riverwood Road onto eastbound F.M. 624 (Northwest Boulevard). On March 26, 2002, City Council approved converting Riverwood Road from a two -way street into a one -way street in the northbound direction of travel from F.M 624 (Northwest Boulevard) to River Hill Drive, at all times. Texas Department of Transportation has made —148— EXHIBIT "A" Page 1 of 2 recent changes to F.M. 624 (Northwest Boulevard) which includes raised medians. The existing medians restrict left turn movements from Riverwood Road onto F.M. 624 (Northwest Boulevard), thus, allowing changing the current status of Riverwood Road from a one -way in the northbound direction into a two -way traffic in the northbound and south bound direction of travel from F.M. 624 (Northwest Boulevard). This Change Order provides for the installation of the planned traffic island. PROJECT DESCRIPTION: This project provides for critical lifecycle improvements lift station age and upgrades to meet the growth and development in the area. The project was developed and bid in two parts, Base Bid "A" for the Lift Station work and "B" for the Force Main portion to increase the opportunities for contactors and competition. • Base Bid "A" provides replacement and upgrade of the Wood River Lift Station piping, electrical system and controls, new SCADA, three new submersible pumps, valves, and other improvements. The upgrades include state -of- the -art odor control equipment and new mixed flush valves that eliminate pump blockage and extend the life of the proposed pumps. The work also includes new lift station perimeter fencing with electronic access control gates for increased security. • Base Bid "B" provides the construction of a new 12,850 LF 16" PVC diameter force main. The new force main replaces the existing 8" line and extends the force main from the lift station to a deeper point along the gravity line near Hearn Road Circle east of US 77. Directing the flows to this downstream location also improves the existing collection system flow and capacity within the existing Allison Treatment Plant basin. The force main work also includes three TXDOT crossings under FM 624, CR 69, and US 77 that will utilize dry-bored steel casings. —149— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Wood River Lift Station Upgrades and Force Main Extension (Project No. 7148) Prior Project Actions have included: PRIOR COUNCIL ACTION: 1. October 21, 2003 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with HDR Engineering for a total fee of $236,332 for the Wood River Lift Station and Force Main Upgrade for design, bid and construction phase services. (Motion No. 2003 -375) 2. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) 3. June 10. 2008 - Motion authorizing the City Manager or his designee to execute a construction contract with SER Construction of Pasadena, Texas, in the amount of $861,493.20 for the Wood River Lift Station Upgrades for Total Base Bid "A" for replacement and upgrade of the Wood River Lift Station 4. June 10, 2008 - Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $1,372,420.00 for the Wood River Lift Station Force Main Extension for Total Base Bid "B" for construction of a new 12,850 LF 16" PVC diameter force main. PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. April 11, 2003 — Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 7. April 17, 2003 — Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). H: \HOMELLYNDAS\GENIWasteweter\7148 - Wood River Lift Station\CO 1\Prior Adier®c- PRIOR ADMINISTRATIVE ACTION (Continued): 8. April 25, 2003 — Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 9. August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 10. January 12, 2006 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with HDR Engineering in the amount of $21,106 for a revised total fee of $257,438 for the Wood River Lift Station and Force Main Upgrade for additional design phase services H : \HOMEILYNDASIGEMWastewater17148 - Wood River Lift Station\CD 1 1Prior At]i1511— CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 FUNDING SOURCE: CONTRACT TIME: 300 C.D. operating Department: DATE: January 19, 2009 \lame of Project: Wood River Lift Station Upgrade and Force Main Extension Part B - P.R. 7148 :ontractor: Big State Excavation, Inc. CHANGE ADD DEDUCT SEE ATTACHED BREAKDOWN $88,180.25 Why was this change necessary? (If left off the plans and specifications, explain why? & 2.) Designed prior to property platting and development plan, also to avoid major public disruption and concrete /landscape repair. thru 7.) Traffic pattern changed during construction at Riverwood & F.M. 624. & B6) City of Corpus Christi requested revised alignment of 16" PVC force main. low can similar changes be avoided in the future? & 2.) Unavoidable. B3 & B6) Unavoidable. 3 thru 7.) Unavoidable. CONTRACT PRICE $ 1,372,420.00 TOTAL CHANGE ORDERS (inc. current) $ 88,180.25 � NEW CONTRACT PRICE $ 1,460,600.25 4-7 obi >FC THIS CHANGE ORDER 88,180.25 Project Manager PERCENT TOTAL CHANGE (B /A) 6.43% PREVIOUS TIME AUTHORIZED 0 C.D. ADDN'L CONTRACT TIME THIS CHANGE ORDER 37 C.D. TOTAL ADDITIONAL TIME 37 C.D. ITY OF CORPUS CHRISTI, TEXAS Y: Director of Engineering Services PPROVED: Operating Department Dir. of Management & Budget Legal Department —152— CONTRACTOR By: Title: EXHIBIT `B" Page 1 of 2 Wood River Lift Station Upgrade and Force Main Extension Part B - P.R. 7148 Change Order No. 1 P.R. No. 7148 CHANGE Add the following items to the contract: 1 Provide material, equipment & labor for 320 L.F. of directional drilling, installation of 16" HDPE Pipe, bore pits and support to fuse pipe (See Attached Breakdown) (I L.S. @$106,086.06/L.S.) ADD DEDUCT $106,086.06 2 Additional boring required to bore under the victory bank $5,000.00 driveway @ C.R. 69 - (1 L.S. @$5,000.00/L.S.) B3 16" PVC Sanitary sewer force main, complete in place $714.00 per linear foot (17 L.F. @$42:00/L.F.) B6 Installation of 30" steel casing beneath F.M. 624 by dry $3,500.00 boring method, complete in place, per linear foot (7 L.F. @$500.00/L.F. ) 3 Concrete Island @ Riverwood and F.M. 624 - (1 L.S. $5,860.00 @$5,860.00/L.S.) 4 2" HMAC 15 S.Y. - (1 L.S. @$1,910.00/L.S.) $1,910.00 5 Pavement Markings - (1 L.S. @$4,449.00/L.S.) $4,449.00 6 Traffic Control - (1 L.S. @$2,407.25/L.S.) $2,407.25 7 Overhead & Profit - (15 %) $2,193.94 Deduct the following items from the contract: B3 16" PVC Sanitary Sewer Force Main complete in place, per L.F. (320 L.F. @$42.00/L.F.) B18 Misc. driveway repair and replacement, per square yard - (100 S.Y. @$200.00 /S.Y.) B19 Allowance for relocation of utilities, complete in place, per lump sum (.30 L.S. @$35,000.00/L.S.) ($13,440.00) ($20,000.00) ($10,500.00) SUB - TOTAL: $132,120.25 ($43,940.00) NET TOTAL: $88,180.25 -153- EXHIBIT `B" Page 2 of 2 File : \Mproject \councilexhibits \exh7148B.dwg LOCATION MAP NTS (- -, ADDMONAL BORE CONCRETE I TRAFFIC ,--- ---- - -- - -_ ISLAND PROJECT #7148 FORCE MAIN EXTENSION CHANGE ORDER VICINITY MAP I {_ 21 NOT 70 SCALE EXHIBIT 'C' WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION BASE BID B CONTRACT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 1/75/2009 o•• -154- 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 20. 2009 AGENDA ITEM: Ordinance authorizing the conveyance of property located within the city at 601 14th Street for an affordable housing project to Habitat for Humanity — Corpus Christi, Inc., as a qualified non -profit corporation, subject to specified conditions; authorizing the city manager or his designee to execute all necessary documents related to the transaction; and providing for severance. ISSUE: In accordance with Chapter 253 of the Texas Local Govemment Code, the City of Corpus Christi may by ordinance provide for the manner in which any land acquired by the City may be sold to a qualified corporation if reasonable conditions are imposed and met. The City has determined that Habitat for Humanity — Corpus Christi, Inc. qualifies as a nonprofit organization that develops housing for low- income individuals and families as a primary activity to promote community -based revitalization of the municipality. The City of Corpus desires to sell a particular parcel of land (Lot 2A, Block 6, Steele and Laughlin Addition, Corpus Christi, Nueces County, Texas, and known by its physical address as 601 14th Street) to Habitat for Humanity for the development of an affordable single - family housing project in the City's established Model Block Program area. With the approval of this ordinance, the City will convey the land to Habitat for Humanity at a nominal cost of $10.00. Habitat for Humanity has agreed to accept the land, subject to the imposed reasonable terms and conditions set out in the conveyance documents. Habitat for Humanity has agreed to build an affordable single - family house on this parcel of land which will bring the number of homes the organization has built in the Model Block Program area to a total of six over the last year. REQUIRED COUNCIL ACTION: Approval of the ordinance to sell municipally -owned land as provided by Texas Local Govemment Code Section 253.010, Sale of Real Property to Certain Nonprofit Organizations. CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the ordinance in support of the city's intention to support the creation, construction, and occupation of affordable housing available to low- income individuals and families with the city of Corpus Christi. Attachments - Federal Statute — Affordable Housing - Model Block Area Map Proposed Ordinance e Morales Haag , Neighborhood Se '' Department —1 5 7— BACKGROUND INFORMATION The property known as 601 14th Street, Lot 2A, Block 6, Steele and Laughlin, is located in the Model Block Program neighborhood. This property was purchased by the City of Corpus Christi on November 11, 2005 for the sum or $2,790.00 from the Nueces County Trustee in order to install a waste water line for new construction in the adjacent lot. The City's Model Block Program expressed interest to use this lot for the continued development of in -fill housing in this area. Since the property was purchased under the name of the "City of Corpus Christi ", the conveyance of this property requires the authorization for sale by ordinance. In the last four years, land owned under the name of the Corpus Christi Community Improvement Corporation has been conveyed to Habitat for Humanity for the construction of affordable housing projects in the 19th Street area. Most recently, at the Corpus Christi Community Improvement Corporation (CCCIC) meeting held on August 28, 2007, a motion authorizing the CCCIC General Manager or his designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects was passed. Since then, a total of twenty-one lots have been purchased through the CCCIC, and Habitat for Humanity kicked off the infill housing project in the Model Block Program neighborhood in October 2007. A total of six lots were conveyed to Habitat for Humanity (including a 25' lot which was combined with a 50' lot) from the CCCIC with the following results: • Construction for 1309 Morris commenced in October 2007 and was completed in May 2008 • Construction for 1318 Morris commenced in October 2007 and was completed in May 2008 • Construction for 1322 Moms commenced in October 2007 and was completed in August 2008 • Construction for 1314 Morris commenced in April 2008 and was completed in November 2008 • Construction for 1212 Morris commenced in November 2008 and is currently under construction The Model Block Program area includes the neighborhood bounded by Agnes Street, S. Staples, Morgan Avenue and the Crosstown Expressway. The Model Block Program is designed to identify and address several major issues within the targeted area including: neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment (infill housing); affordable housing development; and special needs housing issues. —158— MINN IIIIi 11111 MEN City of Corpus Christi, Texas Model Block Program Area 1 -- IIIIIIIIIWII 1111111 IIIIIIilllllllll mum amot 615 s /111111111 MARY STRE G:figi''.: k Y.o-2'xra aii Ow iiiiiii1 ...�Suyd i e ,2{ 01 14t= St y $ $ $ $ $ $ $ w .:j. n MP ^ 609 6110 611 E =_ _ p n u _ g 1614 67 R « r 1 6225 « « f -f 716 7\5 1720 ]I8 715 722 715 1612 1608 0"0 0055. no ]IS 719 720 5 1526 150 725 710 713 1416 713 717 1 +02 100 616 712 619 619y 714 F' 616 617 619 610 1100 1004 0834 IOW 0804 1806 1804 1804 1806 0804 IOW IBM 1804 1804 2506 1 0 1709 1709 901 903 909 913 979 923 1001 1005 1007 1011 017 1013 025 1029 802 804 806 902 906 912 916 918 1610 1002 1004 \M 1010 0012 1016 0101616 0181614 1005 1005 1009 IOII 017 1019 1021 1025 1517 1006 00 1002 1016 1016 1020 1026 800 905 009 901 915 915 917 921 1510 923 0003 (065 (087 1009 1011 0013 1015 2017 602 1411 1601 810 809 902 911 908 911 1600 1600 1607 1606 501 905 809 603 909 1217 800 806 807 014 813 016 813 813 813 805 su 015 Bii 1003 IW6 1010 1012 1016 1018 1020 1011 1015 1017 1019 1025 1019 F•RD ST. 1102 2106 10 1116 1118 0230 1102 1104 1106 1106 1110 121 191 1103 0005 1107 1107 0112 1102 IIW 1106 1108 1110 1\12 52.050 52r080 1 5307 n 2600 1327 n 1003 1317 1003 011 e 1015 5016 106 1014 1019'' 106 1029 1016 1021 } ^ 1021 0038 026 1025 mar 505 1114 1116 1118 1120 1326 1326 0315 1315 1315 1315 1315 1212 1216 1216 1203 1206 2216 1216 \318 1330 34 1230 1236 5205614 8A 1201 1203 1205 1215 1217 1219 1225 5227 l80 310 316 316 223 236 1305 1207 1309 1311 1312 1204 1304 1306 208 1210 1212 1216 1230 1214 1628 1201 1205 202 1115 1217 1221 1101" 102 1202' 3005 0115 1117 1119 1125 1123 1201 1205 1209 1213 1215 1317 3219 1221 1225 1306 1117 1001 2008 1001 1008 0003 1010' '1009' 1010 1017 1012 1007 2022 1017 1116 1017 1116 1019 16 1019 1' Morgan Ave. PURCHASED PARCELS f PARCELS DEEDED to HABITAT for HUMANITY O 0 917 200 400 Feat MS ME MI MN ■ — MI E- —MI MI ■ MN ■ lM MN - ■=MI NM MI Orr i % i v I Toi/s. MIa Westbw. V.T.C.A., Local Government Code ¢ 253.010 Page 1 Effective: September 1, 2001 Vernon's Texas Statutes and Codes Annotated Currentness Local Government Code (Refs & Annos) Title 8. Acquisition, Sale, or Lease of Property Subtitle A. Municipal Acquisition, Sale, or Lease of Property Chapter 253. Sale or Lease of Property by Municipalities § 253.010. Sale of Real Property to Certain Nonprofit or Religious Organizations (a) Notwithstanding any other provision of law, the governing body of a municipality may provide for the man- ner in which any land acquired by the municipality may be sold if the land is sold to: (1) a nonprofit organization that develops housing for low- income individuals and families as a primary activ- ity to promote community-based revitalization of the municipality; (2) a nonprofit corporation described by 26 U.S.C. Section 501(eX3) that: (A) has been incorporated in this state for at least one year; (B) has a corporate purpose to develop affordable housing that is stated in its articles of incorporation, bylaws, or charter; (C) has at least one -fourth of its board of directors residing in the municipality; and (D) engages primarily in the building, repair, rental, or sale of housing for low - income individuals and fam- ilies; or (3) a religious organization that: (A) owns other property located in the municipality that is exempt Rom taxation under Section 11.20, Tax Code; and (B) has entered into a written agreement with the municipality regarding the revitalization of the land. (b) A municipality operating under this section may by ordinance determine the individuals and families who qualify as low - income individuals and families under Subsection (a)(I) or (2). In adopting an ordinance under this subsection, the municipality shall consider median income of individuals and median family income in the area. 0 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. -160- AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY LOCATED WITHIN THE CITY AT 601 14TH STREET FOR AN AFFORDABLE HOUSING PROJECT TO HABITAT FOR HUMANITY, AS A QUALIFIED NONPROFIT CORPORATION, SUBJECT TO SPECIFIED CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE TRANSACTION; AND PROVIDING FOR SEVERANCE. WHEREAS, it is the City Council's express intention and goal to support the creation, construction, and occupation of affordable housing available to low- income individuals and families within the city of Corpus Christi ( "City "); WHEREAS, to advance the goal, the City Council has determined that particular parcels of municipally -owned land may be sold to qualified nonprofit corporations for the development of affordable single - family housing units so long as reasonable conditions are imposed and met; WHEREAS, in accordance with Chapter 253 of the Texas Local Government Code, the City Council may provide for the manner in which any land acquired by the City may be sold to a qualified nonprofit corporation; WHEREAS, the City has determined that Habitat for Humanity ( "Habitat ") is a qualified nonprofit corporation pursuant to the provisions of Chapter 253; WHEREAS, the City desires to sell a parcel of land to Habitat, and Habitat desires to purchase the land from the City, for an affordable single - family housing project; and WHEREAS, the City agrees to convey the land to Habitat, and Habitat agrees to accept the land, subject to the imposition of reasonable terms and conditions set out in the conveyance documents. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all necessary documents related to the purchase of a parcel of land by Habitat for Humanity- Corpus Christi, Inc. ( "Habitat "), in exchange for the payment of $10, payment by Habitat of all closing costs related to the transaction, and subject to the imposition of reasonable terms and conditions upon Habitat in the conveyance documents including, but not limited to, (a) a restriction that limits development of structures on the land to single - family housing and only those structures that meet the definition of "affordable housing," as the term is defined under federal law, available for purchase by low- income individuals and families; (b) a reversion clause in the City's beneficial favor, as a condition to be met by Habitat subsequent to the conveyance, requiring completion of construction and occupancy of the structure within 18 months of conveyance; and (c) a restriction against the re- conveyance of the land by Habitat at a price in excess of the acquisition price. Further- -161— more, subject to the above - stated terms and conditions, the City Manager, or the City Manager's designee, is authorized to convey the following specific parcel of real property: Lot 2A, Block 6, Steele and Laughlin Addition, Corpus Christi, Nueces County, Texas, and known by its physical address as 601 14th Street, located within the city of Corpus Christi, Texas. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. EHord252 revdt.doc Page 2 of 3 —162— That the foregoing ord'nn�ggc�e was r d for the first time and passed to its second reading on this the er;e day of , 2009, 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 That the foregoing ordinance was read for the second time and was finally passed on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 9, 2009 fr/ Pak Eliza jh R. Hundley Ass i . nt City Attorney for the City Attorney EHord252 revdl.doc -163- Henry Garrett Mayor Page 3 of 3 12 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 27, 2009) Case No. 1208 -01, Mostaehasi Investment Trust: A change of zoning from a "R -1B" One - family Dwelling District to a 'B -4" General Business District resulting in a change of land use from residential to commercial described as 11.420 acres out of Nueces River Irrigation Park Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard Planning Commission's and Staffs Recommendation (December 10, 2008): Denial of "B -4" General Business District and approval of "8-1" Neighborhood Business District. Requested Council Action: Denial of "B -4" General Business District and approval of "B -1" Neighborhood Business District. Staff's Summary: • Request: The applicant is requesting a change of zoning on 11.420 acres County from an "R -18" One Family Dwelling District to a `B -4" General Business District. The applicant has proposed to construct a commercial subdivision with 23 lots averaging 13,000 square feet each. The proposed subdivision includes a commercial loop street connecting with County Road 69 at two points. • Existing Land Uses: The subject property is currently vacant land. To the west of the subject property is a commercial business, to the north and south is vacant land, and to the east is a large lot single family home subdivision. • Existing Zoning: The subject property is zoned "R -1B" One Family Dwelling District. The purpose of the "R -18" District is to provide for single - family residential development of moderately spacious character together with public uses that are compatible with residential surroundings. Residential density is a maximum of 7.26 units per acre. Minimum lot sized is 6,000 square feet per lot. The maximum height is 3 stories or 35 feet, the front yard setback is 25 feet with five foot side and rear yard setbacks. • Proposed Zoning: The subject property is proposed for rezoning to the `B -4" General Business District. The purpose of the `B -4" District is to provide sufficient space in appropriate locations for retail commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The "B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10- foot setback is required. • Alternate Business Zoning: The `B -1" Neighborhood Business District is a good alternative to the requested `B -4" General Business District since the `13-1" District provides a wide variety of commercial retail and services uses without those uses that are objectionable to residential —167— neighborhoods. The subject property faces a residential neighborhood and sides up to a future planned residential neighborhood. Some of the uses allowed in the `B -4" District which are not compatible with a residential neighborhood include major auto repair, bars and taverns, amusement place, theaters, boat and automobile sales and storage and a number of other uses allowed in the `B -4" District. Multi- family uses at a maximum density of 36 units per acre are allowed in both the "B-4" and the "B -1" Districts. Maximum height in the `B -4" District is unlimited and in the `B -1" District height is limited to three stories. Setbacks are the same for both districts. Finally, the `B -4" District is best suited to a comer location at an arterial / freeway or at an arterial / arterial locations so that traffic can be handled with signalization and customers can easily access the site from four directions. The subject property is a mid -block location which will create a high volume of left turning movements without the benefit of a traffic signal and which will slow traffic flow on County Road 69. • Transportation and Circulation: The only access for the subject property is County Road 69. Currently, County Road 69 is a two lane County Road in a 60 foot right -of -way. The Future Transportation Plan calls for County Road. 69 to be upgraded to a Minor Arterial with four lanes and a center left turn lane in 95 feet of right -of -way. The approved 2008 Bond Program includes an $800,000 project to improve County Road 69 between Northwest Boulvard and Country Road 52. Improvements to this section of County Road 69 will include: the reconstruction of existing roadway and repair of base failures. The improved road section will carry heavier traffic but will be designed as a two lane rural road section. A tentative time table for construction to start is mid -2010. The River Ridge Subdivision is located to the east. During the mid -199Os residents of the subdivision petitioned the city to block off access to County Road 69. Subsequently, City Council approved traffic barriers at the intersections of County Road 69 with River Rock Street and Riverway Drive. • Infrastructure Demand: o Water: The subject property is within the service area of Water Control and Improvement District #3 (City of Robstown). District #3 has a 16 inch water line along the east side of County Road 69 which extends from the City of Robstown to Northwest Boulevard. During the platting process water demands will be determined and addressed to assure adequate water service is available to the subject property. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the southern boundary of the subject property. During the platting process wastewater demands will be determined and addressed to assure adequate water service is available to the subject property. o Stormwater: A stormwater management plan will be required to address all drainage issues concerning development of the property during the platting process. Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District A40. County Roadime statistics up to 2005 show a decline from 671 County Roadimes committed in 2002 to a low in 2005 of 511 County Roadimes. o Fire: The closest Fire Station is number two (2), located at 13421 Leopard (Five Points). • Environmental Constraints: o FEMA Flood Zone: The area is in Flood Zone C, area of minimal flood hazard. H:\PLN- D1R\SHARED \I. Planning Commission12009 CCJan '09 \1208-0 IAGENDAMEMEdoc -1 6 8- o Topography: The topography is flat with the entire site approximately 84 feet above mean sea level. o Soils: Victoria clay, 0 to 1 percent slopes (VcA) occupies large, smooth areas on the mainland. In Nueces County Victoria Clay soils make up 94 percent of the acreage in the county. The average slope falls about 4 feet in a mile, or is about 0.1 of 1 percent. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 15 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities.(5 points). The proposed development does not strongly relate to any of the smart growth principles. Five points were provided since the development is directly abutting or adjacent to existing developed areas on at least two sides. Ten points was given since the requested zoning follows the adopted Future Land Use Plan with the related Smart Growth Principle: Make development decisions predictable, fair and cost effective. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, a commercial zoning district is appropriate. However, the proposed `B -4" General Business District is recommended for use at arterial / arterial corners. Commercial uses designated on the future land use map range from `B -IA" Neighborhood Business District to `B -6" Primary Business Core District. Since the subject property is at a mid -block location a lower density business district, such as `8-1" Neighborhood Business District, is more appropriate. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCOUNTY ROADEENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. H \PLN- DOt\SHARED \l. Planning Commission\2009 Callan '09\1208- 01AGENDAMEMD.doc -169- Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. NORTHWEST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Land Use Policy Statement B.1.d) Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan area. The most appropriate locations for these types of uses are at arterial/arterial intersections. Strip commercial development is discouraged from occurring along arterial roadways. Nodal commercial development is encouraged whereby commercial uses are concentrated at the major intersections of arterials as indicated on the Future Land Use Plan. As more public services become available (water and wastewater, etc.) and as the area develops, larger scale commercial uses may be necessary. Land Use Policy Statement B.1.e) The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. The plan recognizes the many existing commercial uses located along Northwest Boulevard, Leopard Street, and other arterial streets and calls for their continuance. However, every available means should be used to manage traffic flow /access (e.g. access management devices, marginal access controls, driveway use restrictions, etc.) from adjacent new uses and protect the City's investment in an efficient transportation system. Surrounding low- density residential activities should be buffered from higher density commercial uses at the intersections with medium density residential, office or light commercial uses. This nodal approach to high density development will help to preserve traffic flow on Northwest Boulevard and other arterial streets and concentrate traffic generation at signalized intersections where it can be efficiently managed. The depth of such commercial developments should not exceed a depth of 300 to 500 feet. Land Use Policy Statement B.1.t) Large -scale commercial uses are encouraged on both sides of US 77 (111-69) north of Robstown. South of County Road 50 extended and on the east side of US 77, light industrial uses are encouraged due to the availability of rail line access. In addition, for the foreseeable future, US 77 will be the area's I -69 North American Free Trade(NAFTA) Route, therefore large scale commercial and industrial uses are warranted along this strategic transportation corridor. Staff Comment: Policy Statement d, e, and f above suggest that the intensive commercial uses should be located along U.S. 77 and that wherever commercial uses locate care should be given to protecting existing or future neighborhoods. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume2001 Co. Road 69 A -1 Minor Arterial 24 foot two lane county road 95 foot right -of- way, 4 lanes and a center left turn lane 630 trips per day Plat Status: A plat application for the subject property was approved by Planning Commission on December 10, 2008. H:\PLN- DIR\SHARED \I. Planning Commission @009 CCVan'09 \1208 -O IAGENDAMP,MO.doc -170- Department Comments: • While the Future Land Use Plan designates this area for commercial uses, the site is at a mid -block location with planned future residential uses to the south. The mid -block location is more suited to lower intensity commercial uses that will be compatible with the existing residential area to the east and the planned residential area to the south. • The "B-1" Neighborhood Business District provides a wide variety of commercial retail, office and multi - family uses. To assure compatibility with adjacent residential areas the district does not allow bars, auto repair use, mini - storage, and several other uses which are generally not compatible with residential areas. Notification: Of the fifteen (15) notices mailed to the surrounding property owners zero notices were returned in favor and one was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Assistant City Manager of Development Services FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (December 10, 2008) 3) Ordinance PQ.B/Project Manager 12? SrCP /CP Planning Director H \PLN- DIR\SHARED\l. Planning Commission @009 CCVan 109 \1208 -01 AGENDAMEMO.doc —171— CITY COUNCIL ZONING REPORT Case No.: 1208 -01 Mostaghasi Investment Trust Planning Commission Hearing Date: December 10, 2008 Applicant & Legal Description Applicant: Mostaghasi Investment Trust Owner: Mostaghasi Investment Trust Representative: Steve Dean, Calallen Reality Co. Address: 3813 County Road 69 Legal Description/Location: 11.420 acres out of Nueces River Irrigation Park Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard Zoning Request From: "R -1B" One Family Dwelling District To: `B -4" General Business District Area: 11.420 acres Purpose of Request: For development of a multi lot commercial subdivision Zoning Existing Land Use Future Land Use Site "R -1B" One Family Dwelling District Vacant Land Commercial North `B -4" General Business District Vacant Land Commercial South "F-R" . .Farm and Rural District Vacant Land Low Density Residential East "R-1A" One Family Dwelling District Vacant, Single Family Low Density Residential West "B-4" General Business District Commercial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Northwest Area Development Plan and is planned for commercial uses. A change of zoning to a commercial zoning district is generally consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 067050 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 11.420 acres from an "R -1B" One Family Dwelling District to an `B-4" General Business District. The applicant has proposed to construct a commercial subdivision with 23 lots averaging 13,000 square feet. The proposed subdivision includes a commercial loop street connecting with County Road 69 at two points. (See Plat Attachment 12 of the Preliminary River Ridge Subdivision) —172— Zoning Report Case 4: 1208 -01, Mostaghasi Investment Trust Page 2 • Existing Land Uses: The subject property is currently vacant land. To the west of the subject property is a commercial business, to the north and south is vacant land, and to the east is a large lot single family home subdivision. • Existing Zoning: The subject property is zoned "R -1B" One Family Dwelling District. The purpose of the "R -1B" District is to provide for single - family residential development of moderately spacious character together with public uses that are compatible with residential surroundings. Residential density is a maximum of 7.26 units per acre. Minimum lot sized is 6,000 square feet per lot. The maximum height is 3 stories or 35 feet, the front yard setback is 25 feet with five foot side and rear yard setbacks. • Proposed Zoning: The subject property is proposed for rezoning to the `B -4" General Business District. The purpose of the `B -4" District is to provide sufficient space in appropriate locations for retail commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10- foot setback is required. • Alternate Business Zoning: The 13-1" Neighborhood Business District is a good alternative to the requested `B -4" General Business District since the `13-1" District provides a wide variety of commercial retail and services uses without those uses that are objectionable to residential neighborhoods. The subject property faces a residential neighborhood and sides up to a future planned residential neighborhood. Some of the uses allowed in the `B -4" District which are not compatible with a residential neighborhood include major auto repair, bars and taverns, amusement place, theaters, boat and automobile sales and storage and a number of other uses allowed in the `B- 4" District. Multi - family uses at a maximum density of 36 units per acre are allowed in both the `B -4" and the "13-1" Districts. Maximum height in the `B -4" District is unlimited and in the `B -1" District height is limited to three stories. Setbacks are the same for both districts Finally, the `B -4" District is best suited to a corner location at an arterial / freeway or at an arterial / arterial location so that traffic can be handled with signalization and customers can easily access the site from four directions. The subject property is a mid -block location which will create a high volume of left turning movements without the benefit of a traffic signal and which will slow traffic flow on County Road 69. • Transportation and Circulation: The only access for the subject property is County Road 69. Currently, County Road 69 is a two lane County Road in a 60 foot right -of -way. The Future Transportation Plan calls for CR. 69 to be up graded to a Minor Arterial with four lanes and a center left turn lane in 95 feet of right -of -way. The approved 2008 Bond Program includes an $800,000 project to improve County Road 69 between F.M. 624 and Country Road 52. Improvements to this section of CR 69 will include: the reconstruction of existing roadway and repair of base failures. The improved road section will carry heavier traffic but will be designed as a rural road section. A tentative time table for construction to start is mid -2010. The River Ridge Subdivision is located to the east. During the mid -1990s residents of the subdivision petitioned the city to block off access to County Road 69. Subsequently, City Council approved traffic barriers at the intersections of County Road 69 with River Rock Street and Riverway Drive. —173— Zoning Report Case #: 1208 -01, Mostaghasi Investment Trust Page 3 • Infrastructure Demand: o Water: The subject property is within the service area of Water Control and Improvement District #3 (City of Robstown). District 113 has a 16 inch water line along the east side of County Road 69 which extends from the City of Robstown to Northwest Boulevard. During the platting process water demands will be determined and addressed to assure adequate water service is available to the subject property. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the southern boundary of the subject property. During the platting process wastewater demands will be determined and addressed to assure adequate water service is available to the subject property. o Storrowater: A stormwater management plan will be required to address all drainage issues concerning development of the property during the platting process. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District A40. Crime statistics up to 2005 show a decline from 671 crimes committed in 2002 to a low in 2005 of 511 crimes. o Fire: The closest Fire Station is number two (2), located at 13421 Leopard (Five Points). • Environmental Constraints: o FEMA Flood Zone: The area is in Flood Zone C, area of minimal flood hazard. o Topography: The topography is flat with the entire site approximately 84 feet above mean sea level. Soils: Victoria clay, 0 to 1 percent slopes (VcA) occupies large, smooth areas on the mainland. In Nueces County Victoria Clay soils make up 94 percent of the acreage in the county. The average slope falls about 4 feet in a mile, or is about 0.1 of 1 percent. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 15 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities.(5 points). The proposed development does not strongly relate to any of the smart growth principles. Five points were provided since the development is directly abutting or adjacent to existing developed areas on at least two sides. Ten points was given since the requested zoning follows the adopted Future Land Use Plan with the related Smart Growth Principle: Make development decisions predictable, fair and cost effective. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, a commercial zoning district is appropriate. However, the -174- Zoning Report Case #: 1208 -01, Mostaghasi Investment Trust Page 4 proposed `B-4" General Business District is recommended for use at arterial / arterial comers. Commercial uses designated on the future land use map range from `B -IA" Neighborhood Business District to `B -6" Primary Business Core District. Since the subject property is at a mid -block location a lower density business district, such as "B-1" Neighborhood Business District, is more appropriate. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left tam conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. NORTHWEST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Land Use Policy Statement B.1.d) Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan area. The most appropriate locations for these types of uses are at arterial/arterial intersections. Strip commercial development is discouraged from occurring along arterial roadways. Nodal commercial development is encouraged whereby commercial uses are concentrated at the major intersections of arterials as indicated on the Future Land Use Plan. As more public services become available (water and wastewater, etc.) and as the area develops, larger scale commercial uses may be necessary. Land Use Policy Statement B.1.e) The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. The plan recognizes the many existing commercial uses located along Northwest Boulevard, Leopard Street, and other arterial streets and calls for their continuance. —175— Zoning Report Case #: 1208 -01, Mostaghasi Investment Trust Page 5 However, every available means should be used to manage traffic flow /access (e.g. access management devices, marginal access controls, driveway use restrictions, etc.) from adjacent new uses and protect the City's investment in an efficient transportation system. Surrounding low- density residential activities should be buffered from higher density commercial uses at the intersections with medium density residential, office or light commercial uses. This nodal approach to high density development will help to preserve traffic flow on Northwest Boulevard and other arterial streets and concentrate traffic generation at signalized intersections where it can be efficiently managed. The depth of such commercial developments should not exceed a depth of 300 to 500 feet. Land Use Policy Statement B.1.f) Large -scale commercial uses are encouraged on both sides of US 77 (111 -69) north of Robstown. South of County Road 50 extended and on the east side of US 77, light industrial uses are encouraged due to the availability of rail line access. In addition, for the foreseeable future, US 77 will be the area's I -69 North American Free Trade(NAFTA) Route, therefore large scale commercial and industrial uses are warranted along this strategic transportation corridor. Staff Comment: Policy Statement d, e, and f above suggest that the intensive commercial uses should be located along U.S. 77 and that wherever commercial uses locate care should be given to protecting existing or future neighborhoods. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume2001 Co. Road 69 A -1 Minor Arterial 24 foot two lane county road 95 foot right -of- right-of- way, 4 lanes and a center left turn lane 630 trips per day Plat Status: A plat application for the subject property was approved by Planning Commission on December 10, 2008 Department Comments: • While the Future Land Use Plan designates this area for commercial uses, the site is at a mid -block location with planned future residential uses to the south. The mid -block location is more suited to lower intensity commercial uses that will be compatible with the existing residential area to the east and the planned residential area to the south. • The "B -1" Neighborhood Business District provides a wide variety of commercial retail, office and multi - family uses. To assure compatibility with adjacent residential areas the district does not allow bars, auto repair use, mini - storage, and several other uses which are generally not compatible with residential areas. —176— Zoning Report Case #: 1208 -01, Mostaghasi Investment Trust Page 6 Staff and Planning Commission Recommendation: Denial of the "B-4" General Business District and approval of the "B-1" Neighborhood Business District 4 Ts v E L) Number of Notices Mailed 15 — 12 within 200 foot notification area; 3 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 1 (inside notification area); 0 (outside notification area) (As of December 29, 2008) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Preliminary River Ridge Subdivision —177— CASE # 1208 -01 1. NEIGHBORHOOD - 2007 AERIAL (T%J Subject • P.no• ,•y Refe•to Mac 2a E 2' for Neirhberhnod Et•6a.:9 Use.: ts.: a.attai'•a Map Scale: 1:10,000 SUBJECT \PROPERTY City of Corp' is Chrkii I AaRTH,EST BLVD - -- f / 1 • — r� --•- 7� I 1 7 SUBJECT -, I 1 -, f , 1 , - -,Y ,_ k i- -_� �PR@PER ?Y� f rte-,1 T—+—i f „ i ,. 8 Fe CASE #1208-01 2.a. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential - ER Low Density Res. - LDR 1' "'" Med Density Res. - MDR High Density Res. - HDR U 1 Mobile Home - MH Vacant - VAC Professional Office - PO Cotmnercial - COM I VAC ;-1 Ltght Industrial - Ll - 1 Heavy Industrial - Hl r - Public Semi - Public - PSP Park Lt. Drainage Corridor - DC OP Conservation/Preservation - CP Water Map Scale: 1:10,000 '1 .. -i ? t ri1.-- xK 1; ilr A.R. 1 11212 f Prepared Sy: SRA DepartnLtent of Development Services SUBJECT \PROPERTY • L: LOCATION MAP].. f City of Corpus Christi I 0 400 IVORTI.v ... r BLIP ice ; it tti RIVER Wpv ne tuC- rr ; I ; RIVER 1' R '—� ROCK p 800 Feet it : "_0 ^8 • Departrma of Devefap. .. . __.... c CASE # 1208 -01 2.b. SITE- EXISTING LAND USE Enate Residential - ER 1 ii Low Density Res. - LDR 1 -1 d Density Res- - MDR IP$P ■.i Density Res. - HDR t' r Ile Home - MH CP ”rofi bnal Office - PO n nnmercial - COM Map Scale: 12.40© Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water SUBJECT \PROPERTY City of COtpi is Chrati 1 :CDis� CGm r COM Mop - - ±-° -er. I ; -- =dim tr ! ! I - . _ ;6 � dn ss� s J it is LDR UC IlR DRA'F'T7 phi i _DR DC -4 aRt'b'` ,LDR; COM r.1DR . LD�2y r-,. m COM 0 0 400 8 800 —_ Feet Ri( !DR COM COM..- Cot r LDR C0ft b'0C/I COIV Cow? con crrvT LDR LDR' � , Ir '!DR! 1 ..f ,LORD r of - Q- ' Lii JR � i , r I; F "LR —.--_ T. Ry'yFi� =tryk ; ; Y?i3 _- ;LDR! LDR MDR COf." 11DR _, i_= [.i'..7 . J } CASE # 3.a. NEIGHBORHOOD - 1208 -01 FUTURE LAND USE Agricultural /Rural - AR 1 Estate Residential - ER ij - - Low Density Res. - LDR f Lt j - -- - - • o • Isity Res. - MDR -^gh Density Res. - HDR Ile Home - MH ..cant -VAC -c71 Protessional Office - PO -- V. Conurcrcial - COM -4 Transportation Plan .4ieri fs Collector - - -- Ex pi ossreays -- - -. Parkway -4- Railroad rp Tourist - TOR R- ,march /Business Park - RBP Light Industrial - LI Heavl Industrial - HI Pub!„ Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation - CP Map Scale: 1:10.000 -t_ a LDR LDR I ag- PSPHS COM LdR LDR COM ;11:r .o e0 e; Deperrment orbeve!oprOru S., SUBJECT \PROPERTY •:✓ City of Corpus Chrati N0KTH IF COM /rS r BLVD COM COM !a` i CI : OR 1 1 2 ' LDI4 i 1 r i FEVER WAY .— D R I tV' - -_= I COM SUBJECT ppcg,ERTY %//.4 /;///,'" I LDR/ I 0 400 LDR 800 Feet ij - 11•Y4-- -... -® P t� jrl � � +i i RIVER ROCK DR - LDR DG 1121 2008 Preparers By SRR Department of Development Services CASE # 1208 -01 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER id Ra,aarch /Business Par( - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI �' tsity Res. MDR Heavl Industrial - HI Hi:..] ^gh Density Res. - HDR Pub'' Semi - Public - PSP -i , lie Home - MR Park - 1 'cant VAC - Drainage Corridor - DC ' -oft tonal Office - PO DP Dredge Placement - DP _ u n. ,.._rcial -COM l ] Water GP Conservation/Preservation - CP Transportation Plan .'iferib's Collector ----. Ex pi esslvays -- - Parkway - +°° +} Railroad Map Scale: 1:2.400 ■:✓ City of Cotpi is Chrati _.i. w. .N OR THWESf U z. , RPVE,R R?DGE UNIT 2 ; I ------T -__ �' --- 1 I� l 1 I / �l I� ; 11 L TAY'L /R /BEST LAZA 1 1A II 4 RTl/ PLAZA 1 2A i 28 1VER RIDGE UNFIT 2 0 400 800 F -R 11141;3008 Prepared By SRR Department of development Services CASE # 1208 -01 5. SUBJECT PROPERTY Subject Properly SUBJECT \PROPERTY LOCATION MAP H City of - Corpus Christi VER RIDGE UNIT 2 0 400 800 j I 11,41[3008 Prepared Sy SRR Department of development Services CASE # 1208 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A9 [mailmen! Hour. District 418 Apa1 _nt Douse District P-2 Aps tment house 2i tri-t AB Processional Crlice District AT Anal intent-Tourist LLstrict E -1 kleigisboihoott euaine o D>rolFt B-14 elnigiborhood Bdainaa:. Dltida E4 Bayfrnat Pureness DlstrlcF BRA buiner Island Business District E- Eusiness Distant E4 Steneral Business District F-3 Frimoiv BUSiitess Dlselcf B-3 ,Milers Rumness Core District ED Cori Chrisll Beach Design DISC F-R Fenn Rid District H4 H4vtarlcal- Cultural Landmark Preservation 101 P OD' -1 Limited Industrial District tail ludustri i District 3 Heavy Industrial Dist-m1 ROD Planned Unit Development R ? Ore Family PeIIr9 Dist ref Pa' B One Family Defiling DenTrit1 R - +r or- Family Deell rig Picurt R-2 Multiple DaveJ ling 4stict RA One Family Beef u DisEric[ RE Residential [stste Dlsttic4 R -H Toenlotose DneOmgt trkt SP p:01 Perini Sala Tlilvel Trailer Park Uitd,t T-1B Munufecturad Hine Pall DLtdet --net denuraolured Home Sinai's Bon pi51ric4 9]g1Y a ruva A Cone :22O/A� v otyp era Z. , attache owner-33o ab!e nsopucfGad SUBJECT \PROPERTY LOCATION MAP H City of - Corpus Christi Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:1208 -01 Name: Mostaghasi Investment Trust Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 15 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (6.14)% II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners/applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED \l. Planning Commission\ 2008 Pa2008 Public Comments \]208- 01.doc —191— III 5 ci 11 jm o� g Squill 3 m 0 1111 €1$$o oo8�000t��+i 00000000 000 x X gggogiio —192— 'S'Y'N Pu^OM R 3Uaiag3s33V Attachment 9 - 28 - ARTICLE 6. "R -1B" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IB" One - family Dwelling District The purpose of this district is to provide for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Section 6-2 Use Reguladoos. The use regulations are the same as those in the "R -1A" One - family Dwelling District. Section 6-3 Parking Regaladoas. The parking regulations for pennitted uses are contained in Article 22. Section 6-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 6-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R-1B -193- - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Tmck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of buds, bees, rabbits, or other animus, 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 pariah 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 lam, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. 02108 R -1A -194- - 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, stooge, 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 rues. (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 evens (B&B/SE). (Ordinance 24580, 9/11/01) Sedan 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 OR- street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 R -IA -195- -27- Section 5-5 Height, Area, and Bulk Regalationa Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all Tots in platted subdivisions may comply with the lot area and yard requirements of the "R -I B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1A -196- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B-1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) 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. ( 5) ( 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) (1I) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -197- -86- (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A", "R -18 ", "R- IC" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -18 ", "R -1C" "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -198- - 49 - ARTICLE 12. "8-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district (Ordinance 026735, 4/17/06) (8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self -service car washes. (14) Automotive parts sales .within a building containing Tess than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -199- - 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 -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -200- - 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: ( 8) (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -201- - 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 SION 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 -202- Attachment 10 Zoning Case:1208 -01 Mostaghasi Investment Trust From: "R -1B" One Family Dwelling District to `B -4" General Business District RatingMax. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 5 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 15 t —203— Attachment 11 City Charter - Article V ARTICLE V. PLANNINGSec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest.Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term.Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the, city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council.Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The 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 —204— Attachment 11 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. -205- FAR -Ackn € 12 -2.06- 2,E 1 1 40 s 1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday December 10, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Evon J. Kelly Govind Nadkarni James Skrobarczyk David Loeb John C. Tamez ABSENCES: Johnny R. Martinez I. CALL TO ORDER Garza. 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 Saldana, Special Services Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman 2. New Zoning a. Case No. 1208-01 Mostaghasi Investment Trust - A change of zoning from a "R -1B" One - family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial 11.420 acres out of Nueces River Irrigation Park Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard. Bob Payne presented the above zoning request for a `B-4" General Business District for the purpose of constructing a multi lot commercial subdivision consisting of 11.420 acres located on County Road 69. The subject property is vacant and zoned single family residential. The surrounding area consists of commercial property to the west, with the River Ridge Single - Family Subdivision located to the east. The applicant believes that by proposing the "B-4" General Business District, sufficient space will be made available for retail commercial for the northwest corridor. The access roadway for this project is County Road 69 which is a two -lane road. The approved 2008 Bond Program includes an $800,000 project which will improve County Road 69 between FM 624 and County Road 52. This will include the reconstruction of existing roadway and repairs of base failures. The tentative time table for construction on this bond project is mid 2010. There were fifteen notices mailed out with one received in opposition and zero received in favor. Staff's recommendation is denial of the `B-4" General Business District and, in lieu thereof, approval of the `B -1" Neighborhood Business District. —207— Public hearing was opened. Steve Dean (representative), 11753 Jacob, Corpus Christi, Texas described the subject area for the project stating that there is `B4" commercial zoning located to the north and that the `B-4" zoning request is a logical extension of commercial development. With the improvements of the 60.69, there should not be a major hindrance to the subdivision. Mr. Mostaghasi is planning to sell the lots for office use or small retail depending on the type of zoning that is received. Public hearing was closed. The commission discussed the problems of commercial development along County Road 69 and the possible options for the project along Highway 77. Motion was made by Commissioner Loeb and seconded by Commissioner Kelly for denial of the `B -4" General Business District and, in lieu thereof, approval of a `B -1" Neighborhood Business District. Motion passed with Commissioner Skrobarzyck voting no and Commissioner Martinez being absent. -208- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO 11.42 ACRES OUT OF EAST % OF LOT 1, BLOCK 2, NUECES RIVER IRRIGATION PARK, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "3-1" NEIGHBORHOOD 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 Mostaghasi Investment Trust, 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, December 10, 2008, during a meeting of the Planning Commission, and on Tuesday, January 27, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 11.42 acres out of the East %z of Lot 1, Block 2, Nueces River Irrigation Park, located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard, from "R -1 B" One - Family Dwelling District to "B -1" Neighborhood Business District. (Zoning Map 067050) (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. Q:\ LEG- DIR\Shared \LEGAL- DEV.SVCS12009 Agenda\ 1- 27 \ORD- zoning1208 -01 Mostaghasi- B -1.doc —209— Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 27th day of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: January 19, 2009 eborah Walther Brown Assistant City Attorney For City Attorney Q:\ LEG- DIR\SharedLLEGAL- DEV.SVCS\2009 Agenda\1- 27 \ORD- zoning120 &01 Mostaghasi- B -1.doc —210— Page 3 of 3 Corpus Christi, Texas day of 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Q:\ LEG- DIRVShared\LEGAL- DEV.SVCS\2009 Agenda\ 1- 27 \ORD- zoning1208-01 Mostaghasi- B -1.doc -211- 11( La i It 1 1 1 14(1 I 7 i 6 1 6 2i I 1 } / sit 1 12 �/ t. i _ RiVER�WAYY DRJ IL --- .- 1 1: j I I 1 F- --, -1. � i I i I 2 1 I —rR-fA , __I_ I I 8! i 6 1 S I t__ II ,i_� r :21 11 ;� _ 1 - -- rRIVER ROCK pR -- _ ---r------ - _ i1 :81 I _r 7 --r I 1 I I I 1 I = I 2 I 3 j 4 1 ijj) 7 i 1 1 $! 6 1 i 1 1 I r 1 I CASE# 1208 -01 Planning Commission and Staff Recommendation From: "R -1 B" To: "B -1" SUBJECT ry Ordinance No.: 1L6 11.6dAhoielliAis �- SKiffifsA- 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 27, 2009) Case No. 1208 -02, Portland U -Rent It: A change of zoning from a "R-1B" One - Family Dwelling District to an "I -3" Heavy Industrial District resulting in a change of land use from single- family residential to heavy industrial for an above ground fuel storage tank described as 400 square feet out of Joslin Tract Blk. A, Lot 5 -B located at 7336 South Padre Island Drive approximately 1,050 feet east of Rodd Field Road . Planning Commission's and Staff's Recommendation (December 10, 2008): • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements.. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. -215- Staffs Summary: • Request: The applicant is requesting a change of zoning on a 400 square foot area from an "R -1B" One Family Dwelling District to an "I -3" Light Industrial District to provide for a 500 gallon above ground fuel storage tank. The applicant has an equipment rental office on the portion of the lot next to South Padre Island Drive. Behind the sales office building is a retail sales storage area and an existing above ground storage tank. • Existing Land Uses: The subject property is used for rental of equipment. A retail store is located to the east of the property. To the south is a sales office and South Padre Island Drive. To the west is a commercial business use and to the north are two churches. • Existing Zoning: The subject property is zoned "R -1B" One Family Dwelling District. The purpose of the "R -1B" District is to provide for single family development of a moderately spacious character with public buildings, schools, churches and accessory uses compatible with a residential neighborhood. The maximum residential density is 7.26 units per acre on minimum 6,000 square foot lots. Office, retail and industrial uses are not allowed. The "R -1B" District requires a 25 foot front yard setback and a 5 foot rear and side yard setback. Maximum height is limited to 35 feet or three stories. The existing use of the property as an outdoor display area is a non - conforming commercial use in an "R -1B" District. The existing above ground fuel tank is also a non- conforming use since the tank does not have "I -3" Heavy Industrial zoning and approval by the Zoning Board of Adjustments. Note: the front half of the lot is zoned `B-4" General Commercial District and the use of the property is conforming. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: The only access for the subject property is to the South Padre Island Drive (SPED) west bound frontage road. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the frontage road. o Wastewater: The nearest wastewater line in located in McArdle Road. The subject property has an on site waste deposal system. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B10. Crime statistics show a slight increase in crime rates of 5% from 1993 to 2005. In 1993, 592 crimes were reported vs in 2005 when 602 crimes were reported. o Fire: The closest Fire Station is number four located at 2338 Rodd Field Road. H:WLN- DIR\SHARED \I. Planting Commission\2009 =an '0911208- 02AGENDAMEMOLOc -216- • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. a Soil Type: Victoria Clay - rated as poor for septic system suitability'. o Wetlands: According to the National Wetlands Inventory there are no wetlands on site. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of existing business. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for medium density residential uses. The proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: An unrestricted "I -3" Heavy Industrial District would be harmful to the potential future residential development between SPID and McArdle Road. The area along McArdle has seen significant amounts of new multi - family development over the last several years. This trend is likely to continue as the area is relatively close to Texas A &M University. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. ' Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navy guidelines to for land use near naval air fields. H:\PLN.DIR\SHARED\I. Planning Conmissnn\2009 CCVan 1N\I208- O2AGENDAMEMOA9c -217- Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.6 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; 13) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. 13.7 - POLICY STATEMENT New high- intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. In this particular case, a buffer is created by locating the above ground storage tank roughly in the center of the property. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 SPID Westbound Frontage Road Freeway 230 feet row, six through lanes, two frontage roads with two lanes each Same as existing Westbound Frontage Road 3,065 trips per day Plat Status: The subject property is platted. Department Comments: • The property is one platted lot with two zoning districts. The front half of the property is properly zoned for commercial use and is a 13-4" General Business District. The back half of the property is zoned "R -1B" One Family Dwelling District and contains the non - conforming uses of an above ground storage tank and an outdoor commercial display. • Rezoning of the property to an "I -3" Heavy Industrial District would not be in conformance with the adopted Future Land Use Plan which calls for commercial uses along the SPID Frontage Road and multi - family uses behind the commercial strip. H:NIN- DIR\SHARED \l. Planning Commiss n\?009 Chan '09\1208- O2AGENDAMEMO.doc —218— • A special permit would help to solve the most serious zoning problems related to the hazard created by the above ground storage tank. The special permit would specify the type of tank required by the Fire Marshall and a safe location for the tank on site. Long term the other outdoor display nonconforming use zoning issues may solve themselves by redevelopment consistent with the Comprehensive Plan for medium density residential uses. • Continuation of the existing fuel tank use will help to support the existing commercial uses. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. Notification: Of the eight (8) notices mailed to the surrounding property owners zero notices were retumed in favor and one was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP. Assistant City Manager of Development Services FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (November 12, 2008) 3) Ordinance PIM/Pmject Manager STGP/CP Planning Director H:\PLN- DIR'.SHARED \I. Planning Commission\D0 CCU an '09\1:08- O2AGENDAMEMO.doc -219- CITY COUNCIL ZONING REPORT Case No.: 1208 -02 Planning Commission Hearing Date: December 10, 2008 Applicant & Legal Description Applicant: Portland U- Rent -It - SPID Owner: BNJ Enterprises, Bart Nelms Representative: Bart Nelms Address: 7336 South Padre Island Drive Legal Description/Location: 400 square feet out of Joslin Tracts Blk. A., Lot 5 -B located at 7336 South Padre Island Drive, on the north side of South Padre Island Drive approximately 1,050 feet east of Rodd Field Road Zoning Request From: "R -1B" One Family Dwelling District To: "I -3" Heavy Industrial Area: 400 square feet Purpose of Request: To allow for the future installation of a 500 gallon above ground fuel storage tank for the on -site refueling of company vehicles. Zoning Existing Land Use Future Land Use Site "R -1B" One Family Dwelling District Vacant Medium Density Residential North `A -1" Apartment House District Church Medium Density Residential South "B-4" General Business District Commercial Business Commercial Business East "R -1B" One Family Dwelling District Commercial Business Commercial Business West "R-1B" One Family Dwelling District Commercial Business Commercial Business ADP, Map & Violations Area Development Plan: This tract of land is located in the Southeast Area Development Plan and is planned for medium density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for medium density residential uses (multi - family). Map No.: 040034 Zoning Violations: None Staffs Summary: • Request: The applicant is requesting a change of zoning on a 400 square foot area from an "R -1B" One Family Dwelling District to an "I -3" Light Industrial District to provide for a 500 gallon above ground fuel storage tank. The applicant has an equipment rental office on the portion of the lot next to South Padre Island Drive. Behind the sales office building is a retail sales storage area and an existing above ground storage tank. —220— City Council Zoning Report Case #: 1208 -02, Portland U -Rent It SPID Page 2 • Existing Land Uses: The subject property is used for rental of equipment. A retail store is located to the east of the property. To the south is a sales office and South Padre Island Drive. To the west is a commercial business use and to the north are two churches. • Existing Zoning: The subject property is zoned "R -1B" One Family Dwelling District. The purpose of the "R -IB" District is to provide for single family development of a moderately spacious character with public buildings, schools, churches and accessory uses compatible with a residential neighborhood. The maximum residential density is 7.26 units per acre on minimum 6,000 square foot lots. Office, retail and industrial uses are not allowed. The "R -1B" District requires a 25 foot front yard setback and a 5 foot rear and side yard setback. Maximum height is limited to 35 feet or three stories. The existing use of the property as an outdoor display area is a non - conforming commercial use in an "R -1B" District. The existing above ground fuel tank is also a non- conforming use since the tank does not have "I -3" Heavy Industrial zoning and approval by the Zoning Board of Adjustments. Note: the front half of the lot is zoned `B -4" General Commercial District and the use of the property is conforming. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: The only access for the subject property is to the South Padre Island Drive (SPID) west bound frontage road. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the frontage road. o Wastewater: The nearest wastewater line in located in McArdle Road. The subject property has an on site waste deposal system. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B10. Crime statistics show a slight increase in crime rates of 5% from 1993 to 2005. In 1993, 592 crimes were reported vs in 2005 when 602 crimes were reported. o Fire: The closest Fire Station is number four located at 2338 Rodd Field Road. • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. -221-- City Council Zoning Report Case #: 1208 -02, Portland U -Rent It SPID Page 3 o Soil Type: Victoria Clay - rated as poor for septic system suitability'. o Wetlands: According to the National Wetlands Inventory there are no wetlands on site. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of existing business. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for medium density residential uses. The proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: An unrestricted "I -3" Heavy Industrial District would be harmful to the potential future residential development between SPID and McArdle Road. The area along McArdle has seen significant amounts of new multi - family development over the last several years. This trend is likely to continue as the area is relatively close to Texas A &M University. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same Iocational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navy guidelines to for land use near naval air fields. -222- City Council Zoning Report Case #: 1208 -02, Portland U -Rent It SPID Page 4 Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.6 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low - density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. In this particular case, a buffer is created by locating the above ground storage tank roughly in the center of the property. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 SPID Westbound Frontage Road Freeway 230 feet row, six through lanes, two frontage roads with two lanes each Same as existing Westbound Frontage Road 3,065 trips per day Plat Status: The subject property is platted. Department Comments: • The property is one platted lot with two zoning districts. The front half of the property is properly zoned for commercial use and is a'B -4" General Business District. The back half of the property is zoned "R -1B" One Family Dwelling District and contains the non- conforming uses of an above ground storage tank and an outdoor commercial display. -223-- City Council Zoning Report Case #: 1208 -02, Portland U -Rent It SPID Page 5 • Rezoning of the property to an "I -3" Heavy Industrial District would not be in conformance with the adopted Future Land Use Plan which calls for commercial uses along the SPID Frontage Road and mult - family uses behind the commercial strip. • A special permit would help to solve the most serious zoning problems related to the hazard created by the above ground storage tank. The special permit would specify the type of tank required by the Fire Marshall and a safe location for the tank on site. Long term the other outdoor display nonconforming use zoning issues may solve themselves by redevelopment consistent with the Comprehensive Plan for medium density residential uses. • Continuation of the existing fuel tank use will help to support the existing commercial uses. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. Staff and Planning Commission Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. PO 0 E 'Iv d 0 U Number of Notices Mailed 8 - 6 within 200 foot notification area; 2 outside notification area Favor - I(inside notification area); 0 (outside notification area) Opposition - 0 (inside notification area); 0 (outside notification area) (As of December 2, 2008) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use —224— City Council Zoning Report Case #: 1208 -02, Portland U -Rent It SPED Page 6 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Metes and Bounds Description 13. Site Plan -225- CASE # 1208-02 1. NEIGHBORHOOD - 2007 AERIAL Subject Property Refer to Map 2a & 2b forNeighborhood Existing Land Use. Also available at o-wvw.cctexas.corn Map Scale: 1.10,000 SUBJECT 4eOPERTY Qa LOCATION f'IAP. SUBJECT PROPERTY CASE # 1208 -02 2.a. NEIGHBORHOOD - EXISTING LAND USE L in tate Residential - ER - - w De. city Res. - LDR dDensity Res. - MOP iy[L � Density Res. - HOP [_ Mobile Horne - MH IVACI V..cant - VAC [7. Professional Office - PO C ^merctal - COM u !fight Industrial - LI �n7- Heavy industrial - HI >S? 1 Public Semi - Public - PSP Park Drainage Corridor - DC o' C• onservation/Preservation - CP -1 W• ater Map Scale. 1:10.000 / SUBJECT /PROPERTY 0 400 o(Devebpmen: der, rest CASE # 1208 -02 2 %b. SITE- EcisT /NG LAND USE L , Estate Residential - ER —1 Light Industrial - LI - - Low Density Res. - LDR 1 Heavy Industrial - HI d Density Res. - MOH [> = [ Public Semi- Pubfic - PSP ,4, � Density Res. - HOR [__J Park Mobile Horne - MH [ --] Drainage Corridor - DC I VAC l b.icant - VAC =o- Conservation/Preservation -CP [7 Professional Office - PO ( 1 Water C -martial - COM Map Scale: 1:2.400 _DE " 'C'M PAPr< Lthrti JF' -.i:DF _np DC LDP !_!'r .. ' bv:1TER LOR, PA F t< PAP it. _.SUBJECT / PROPERTY _cM '?' tiro; moo`. Mel TER r_. ..DP COM MDR COM LOP .Yy n F.. t▪ ab I'.7OR LC . LDR ▪ � v LLi CASE # 1208-02 3.a. NEIGHBORHOOD - FUTURE LAND USE ra" 1 Agricultural Rural • AR _ - TOR ( I Estate Residential - ER I • ■earch/Business Park - R8P L.PJ Low Density Res. -LDR Li 1 Lightlndustrial - L! r-] rYAd Density Res. • MDR M 1 Heavy Industrial -H1 rrc.: High Density Res. - HL'F -111 h7.' le Nome -MR [VAC' Vacant -VAC (a 1 Po 1 Professional OIl :e, r - -PO 3 .0741 Commercial - CUM Transportation Plan osed A ;.ar :a/s _. Collectors • -- -" Express viayb Parkw7y -+rH+ Rail! lud P'. Public Semi - Public - PSP Park Drainage Corridor - DC P Dredge Placement - DP Watwr Cons e; vation/Preservation - CP Map Scale: 1:10000 L O.M19 MDR LOCATI Af Pr7AP 1 t'oi -pus MDR 7:01`.1 • , M171:114" -1`5/Thr, 4 4, COM MDR MDR SLID75ECT or y/ PROPERTY CASE # 1208-02 .31L SITE- FUTURE LAND USE _ILI Agricultural/Ran AR r OR E.E_P I Estate Residential - Eh - earchausiness Park - RBP L op: Density Res. - Light industrial - Li R•ii,t(DensityRes. :1 Heavylndustrlal-HI ' Tr• Density Res. - HD R Fr sF1 Public Seini-Public - PSP .Ie Home - MH Park cant - VAC Drainage Corridor - DC ' sional Off ice - PC) u.;,- Drdga Placement- DP •-,Intnerral - CONI L_] Water <7.t. LanservationlPreservation - CP rt ;importation Pr,' A/7C • dais Collectors - Map Scale: 1:2.400 Parkw.ay -H-Ra- Married • I • LOCATION MAP: CASE # 1208 -02 4. SITE- 2007 AERIAL S,h!ect o.operty Refer to Una Existing Lr: ,c Yoe `..so at vs::: ..rtr':.rs..OT LOCATI pi 1117AP' TA.W; SUBJECT PROPERTY . t.. tv of Coipus 1 Ch r! ±ii TRACT /A 1 R O..0 `ttt( TO NH'Q...USES r" N Alt / 6 -A SUBJECT PROPERTY i era C T f/ B- 4' /SPIO6- 13' t 9 JOSLF' TRACT B -4 CASE # 1208 -02 5, SUBJECT PROPERTY Subject Property 800 Feet (4) B-4 2 ttf9i2008 Prepared By S R eta( of 4evetoptnentSer;icers SUBJECT PROPERTY LOCATION MAP City of Corpus Christi RA CT / B- 4' /SPIO6- 13' J QSLtr TRACT B -4 ENC 0 400 800 Peet CASE # 1208 -02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP aRmentHPae Dlrtnel Pct I]mltgd lnelu9tlal Dist, oC ,paihnent House District Ligit Industrial District artrnet house District 1 Hee 'iptlOct 91DGB(L FB Prrt. iofial (CC, Distract PUG Planned uM1l Decelopfi,eht TT Ap tne't TaIBADlehlol 41 One Fen lay ov_Irng elemct el Jisi ivietnoodD es:Distrcl R1 B ORS FaJ,s aceIGOg Dlsttit BAP 9°Igllborb®d BI toss D'rs(rtd F1 One ranily Dwciing Dlstht B'f RgNrant Business olstett R-2 NuIticle D6ellkit Y.+elet R-2), Hurter Maud B ess Dick' t Pc one Family D 9r,g DRhid B -0 &is0ress Dftrict RE Residential Elate DisVtd 6-1 6enera1Rusinens District R -T1I Tnwnicuse D.relling Di strict R5 PAna[y BUStnecc Distrito SP Skaulal Ps mini $O Prirna r &stn r . Dtaam Tcks Tcc,el 72ler P,krsyirt RD Carpus Christi Bea M1 Design Dist T IB i nutactured Home Fork District FR Ferm Rursl Dislrtct F90 klandtettured Hane•3ub'inlDn H e HlsLorlcsl- Glfural Landmark District PI,Sercation 4 Sc..weco nweily m PY%i ' ' ie On V OW' s 'Nip afire 6?c p Rne (4) B -4 2 ttf9i2008 Prepartn By SRR of Development Ser;iceFs SUBJECT PROPERTY City of Corpus Christi Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:1208 -02 Name: Portland U -Rent It - SPID Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 8 0 I. Notices returned from within the 200 -foot notification area: Favor: 1 Opposition: 0 (___)% II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners/applicants of subject area: Favor: 0 Opposition: 0 W. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\l. Planning Commission\ 2008 P02008 Public Commans\1208- 02.doc -239- Attachment 8 ! at , dghd )§ adjUgg Ga _» r rr RRlaa»r °F °B° . 68 9 q k k o. d "k 0 k� | . - || zz & )cc E |; ■ E ,| |a , § \ ,T/ !k Ju|±g &99d | 0| 22/ It Jk § • §k / () 1kk |] || |2 §§ § m » J <.�_� . �|t ■t ` ■ § \ )2A| a N■§1 t. -E8 2 � |E| ,o..,r E || "| | L0481.2 . wz 0 h »Rq■ k\ q \N § -240- Attachment 9 - 28 - ARTICLE 6. "R -1B" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1B" One - family Dwelling District. The purpose of this district is to provide for single-family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Section 6-2 Use Regulations. The use regulations are the same as those in the "R -1A" One - family Dwelling District. Section 6-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 6-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 6-5 Height, Ana, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R-1B -241- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District The purpose of this district is to provide for single -family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with eisidentW 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 Regubitiens. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plans; 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 hails, 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 pennitted 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 constricted 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 Sighs 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 -242- - 26 - ( 8) Railroad rights-of-way, including strip of land with tierces 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 fireling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single- family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Repletion. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off- street Loading Regatations. The off -street loading regulations for permitted uses are contained in Article 23. 92!08 R -1A -243- - 27 - Section S-5 Height, Area, and Bulk Reenladoas. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all 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 -IA -244- - 100- ARTICLE 21. 9-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "I -3" Heavy Industrial District. This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "I -2" Light Industrial District except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) ( 3) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following uses and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, and manufacture, compounding, processing, packaging, or treatment of the following products or similar products: Chemicals. Petroleum. Coal. and Allied Products Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non - soap), dressings, and blackings Dye-stuff Essential oils Exterminating agents and poisons Fertilizer (non - organic) Fuel briquettes Glue and size (vegetable) Ink manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stones, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products 02/08 . 1 -3 -245- - 101- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monumem and architectural stone Pottery and porcelain products (coal fired) Refractories (other than coal fired) Sand -lime products Stone products Wall board and plaster, building, insulation, and composition flooring Food and Savarese Casein Cider and vinegar Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, feed and grain milling storage Molasses Oils, shortenings, and fats (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerkraut Sugar refining Metals and Metal Products Boat manufacture (over five tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge plant, pneumatic, drop and forging hammering Foundries Galvanizing or plating (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steel fabrication Wire rope and cable 02/08 1-3 -246- - 102- Textiles. Fibers. and Bedding Bleachery Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Paver Products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving treatment Unclassified Industries Leather tanning and curing Rubber (natural or synthetic), gutta - percha, chicle, and balata processing Rubber tire and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery, or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening fences. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass) Railroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Uses (Continued) 02/08 1 -3 -247- - 103- Oils, vegetable and animal (non - edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21 -3 Oblectiooable Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of such use shall have been approved by the Board of Adjustment after public bearing as provided in Article 29. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nueces Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical Petroleum. Coal. and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Creosote Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones Explosives (including ammunition and fireworks) and explosives storage Fertiliza (organic) Fish oils and meal Glue, gelatin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petroleum, gasoline, and lubricating oil refining, and wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Turpentine and resin Clan. Stone. and Glass Products Brick, firebrick, refractories, and clay products (coal fired) Cement, lime, gypsum, or plaster of Paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing Food and Beverage 02/08 1-3 -248- - 104- Fat rendering Fish suing Slaughtering of animals Starch manufacture Metals and Metes Products Aluminum powder and paint manufacture Blast furnace, cupolas Blooming mill Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steel works and rolling mil (ferrous) Wood and Paper Products Match manufacture Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton ginning Cotton seed oil refining Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Shell, dredging Stockyard Section 21 -4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21 -5 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 21 -6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 21 -6.01 On the side of a lot adjoining a residential district there shall be a side yard of not less than 25 feet. 21 -6.02 When a lot abuts upon a residential district, a rear yard of not less than 25 feet is required. 21 -6.03 Whenever any building or structure in the "1 -3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet. 02/08 1 -3 —249— -105- 21 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -3 -250- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the 1-2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -S" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink mmulact wing (mixing only) insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone_ and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverase 02/08 1 -2 -251- - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including arming, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufectu e Matt products manufacture (except breweries) Meat products, lacking and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, buck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, sp0kes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Beddin Bedding (mattress, pillow, and quilt) Carpet, rug and mat 02/08 1 -2 -252- - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood an L Pang= Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kemaels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (1) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 I_2 —253— - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (freeing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20-6.03 Whenever any building in the "1 -2" Light industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1-2" Light Industrial District used to house annuls, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -254- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -255-- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "3-5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the 'B4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. ( 5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right-of-way. Wall signs may project into the public right -of -way for a distance of not more than twenty -four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off- street parking is not required. (Ordinance 25390,07/15/03) Section 17-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -256- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -IC" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 17-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -257- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "04" 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 pennitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not pennitted. (17) Public or governmental buildings. (18) Mini- storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -258- - 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 pennitted uses are contained in Article 22. Section 16-4 Off -street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 16 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16-5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -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 "11 -1A ", "R -16 ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16.5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be pennitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -259- - 49 - ARTICLE 12. "13-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (I I) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self -service car washes. (14) Automotive parts sales within a building containing Tess than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 OR- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -260- - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -13", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -261- - 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; ( 8) (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -262- - 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 Anther 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 pennitted 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 -263- AB - 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 Regaletions. 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 buds, 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 hills, 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 lemming. 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 represanative 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. Noaconformina 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. 07/08 -264- R -IA - 26 - ( 8) Railroad rights-of-way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (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- &rnily 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 fat. 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) aces, 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 -265- - 27 - Section 5-5 Height, Area, and Bulk Regalatioos. 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 It-1A -266- Attachment 10 Zoning Case:_1208 -02, Portland U -Rent It SPID From: "R -1B" One Family Dwelling District to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —267— Attachment 11 City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -268- Attachment 11 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. -269- ALIadnmeut 12 TexasGeoTech LAND SURVEYING, INC. EXIBIT B FIELD NOTES DESCRIPTION Being a 20.00 feet by 20.00 feet (400.00 sq. ft) tract, of property out of Lot 5 -B of the B.K.A. Joslin Tracts recorded in Volume 18, Page 14 of the Map Records ofNueces County, Texas and all four tract being more fully described by metes and bounds as follows: BEGINNING at the north point of this 399.57 sq. ft tract, from which a fence corner post, being the common corner for Lots 5 -A, 5 -B; 5 -C & 5 -D of the B.K.A. Joslin Tracts as recorded in volume 28, page 14 of the Map Records ofNueces County, Texas, bears N 28° 32' 31 " E - 28.62 feet and then N 64° 11' 29" W - 33.04 feet, for the POINT OF COMMENCING of this tract; T H E N C E S 61° 32' 56" E - 20.00 feet, to a point for the east corner of this 20.00 foot by 20.00 foot tract; THENCE S 28° 34' 56" W - 20.00 feet, to a point for the south corner of this 20.00 foot by 20.00 foot tract; THENCE N 61° 34' 56" W - 20.00 feet, to a point for the west corner of this 20.00 foot by 20.00 foot tract; THENCE N 28° 32' 31" E -a distance of 20.00 to the PLACE OF BEGINNING and containing 400.00 sq. ft. tract 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 of future surveys, that this document be incorporated in all future conveyances, without any revisions or deletions. November 5, 2008 081030 -A.doc ne,€44- Victor S. Medina Registered Professional Land Surveyor License Number 3419 SUBSIDIARY OF MEDINA CONSULTANTS 6330 SARATOGA BLVD. SUITE C — CORPUS CHRISTI TEXAS 784/4 — PHONE 361- 993 -0808 — FAX 361-993-2955 GotC1 ACA is - & -270- f1LN0\:011LCUE 10 Nr TIC SHAUTA f C L MOSS ASLIB MOT LOT 4-S & Sr 0.61 OUT OP LOT 6 -OR III A LOT 5 -O / /. / / / / / LOT 5 -A • / ZaD9■IL3UL7033 4P1611©4 M ®U.GD061101 SEM, DIDay EM GyU.�ti.la>l7.c6°.4. / y/, Lu 5 IL «V` r NAT T10 MC OW OF a ONOREDO IY Rm S a COAL Ra11 9760 a 1K acme ma of OMIIIMMO Inc MO WISZVOart COMPUES VAN TR WNW MOWN FOR WO Lama THIS 11Cw YR6 Rana I w�1161 LAO aea+a uaH k NH IffintitrIlta 0Ol1Q�!a sYa", reran dOWOa —. II 7e O n,") no Fa (SI) w0 -O!6 271 BSI SATRRPSISIS LW . JOSUR TRACT LOT -0, BLOCK • DOC 1 nno806S•12/YOCRT Zet\ i1\c CUSP FIAT OF: ®6 A 2010 RAT IN SAO RW(10310 91 F1)6F197I. OUT OF LOT 5-8, OS 7RE BRA JOSUM TRACTS AS SEUNDED 11 MAC SS H 6 TIE W 1LOM 1' WM MAGI. MO& 1a IOes 11/05/08 INN M°"'N 081103 -A 3— 1' -b' I5...rodb' WT&JA Owa 6r RC Da.^ b: Wahl J MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday December 10, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Evon J. Kelly Govind Nadkarni James Skrobarczyk David Loeb John C. Tamez ABSENCES: Johnny R. Martinez I. CALL TO ORDER Garza. 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 Saldana, Special Services Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman 2. New Zoning b. Case No. 1208-02 Portland U -Rent It - SPID - A change of zoning from a 'R -1B" One - Family Dwelling District to an "I -3" Heavy Industrial District resulting in a change of land use from single family to heavy industrial for an above ground fuel storage tank 400 square feet out of Joslin Tracts B1k. A., Lot 5 -B located at 7336 South Padre Island Drive, on the north side of South Padre Island Drive approximately 1,050 feet east of Rodd Field Road. Bob Payne presented the above request for an "I -3" Heavy Industrial District to allow for the installation of a 500 gallon above ground fuel storage tank. The subject property is located in an "R -1B" One Family Dwelling District and has an equipment rental office on the lot in addition to a retail sales storage area. The request for the "I -3" Heavy Industrial District covers a 400 square foot area of the subject property. The above ground fuel storage tank will be for the on -site refueling of company vehicles. There are commercial businesses located to the south, east and west of the property with a church located to the north. Staff recommendation is denial of an "I -3" Heavy Industrial District and, in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. -272- 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of the Special Permit was made by Commissioner Skrobarcyzk and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Martinez being absent. —273— Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PORTLAND U- RENT -IT, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 400 SQUARE FEET OUT OF JOSLIN TRACTS, BLOCK A, LOT 5 -B, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R- 1B /SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW ONE (1) UL2085 ABOVE- GROUND FUEL STORAGE TANK NOT TO EXCEED 500 GALLONS, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of U- Rent -It , Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 10, 2008, during a meeting of the Planning Commission, and on Tuesday, January 27, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 400 square feet out of Joslin Tracts, Block A, Lot 5 -B, located at 7336 South Padre Island Drive, on the north side of South Padre Island Drive, approximately 1,050 feet east of Rodd Field Road, from "R -1 B" One - Family Dwelling District to "R-1B/SP" One - Family Dwelling District with a Special Permit to allow one (1) UL2085 above - ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following four (4) conditions. (Zoning Map 040034) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus one UL 2085 above- ground fuel tank not to exceed 500 gallons. 2. . Fire Department Approval: The above - ground fuel tank shall meet all Fire Department requirements. Q:LLEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda\ 1- 27\ ORD- zoning1208- 02PorttandSPID -R -1 B- special permit.doc —274— � Page 2 of 3 3. Zoning Board of Adjustments Approval: The above - ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition Number 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 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 27th day of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: January 19, 2009 ve mean eborah Walther B n Assistant City Attorney For City Attorney O: \LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda\ 1- 2TORD- zoning1208- 02PortlandSPID -R -1 B- special permit.doc —275— Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Q: \LEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda\ 1- 27\ ORD- zoning1208- 02PortlandSPID -R -1 B- special permit.doc -276- / '"`-..y/ ((. / / i / JOSLA'N TRACT ,/ / f /A -1 /', TO- 'NNOUSES I NASAOR V LLE 3- S- / R-113/5. 4.a 5-AR 5 -AR 6 -A SUBJECT PROPERTY I ,; ( ,( / / 405 -RACT / { fI /{ /( 8- 4'iSP/06.13 / / / / CIO r , 5 -C ,/ / (/5_6 . 6 7 / $/4 i( / .., / 9 / % ( / ion mac- ----.< / f / _ 8 -4 ? / % fi a +!;! f F / FLOUR AL Ui1- -4 Ell: R- 1 0 NO caw CASE # 1208 -02 8 -4 2 Mere alqvwk9e-/l64 Planning Commission and Staff Recommendation From: "R -1B" To: "R-1B" with a Special Permit for an Above Ground Fuel Storage Tank and Four Conditions Ordinance No.: Ex-11 1-Bt: Pt- t- 'l TexasGeoTech LAND SURVEYING, INC. PUNTA FIELD NOTES DESCRIPTION Being a 20.00 feet by 20.00 feet (400.00 sq, ft) tract, of property out oiler 5 -11 of the ltd. Joslin Tracts recorded in Volume 28, Page 14 of the Map Records ofNueces County, Texas and all four tract being more fully described by metes and bounds as follows: BEGINNING at the north point of this 399.57 sq. ft tract, from which a fence corner post, being the common corner for Lots 5 -A, 5 -B, 5 -C & 5 -D of the B.K.A. Joslin Tracts as recorded In volume 28, page 14 of the Map Records of Nunes County, Texas, bears N 28° 32' 31 "E — 28.62 feet and then N 64° 11' 29" W -33.04 feet, for the POINT OF COMMENCING of this tract; THENCE S 61° 32' 56 "E— 20.00 feet, to a point for the east corner of this 20.00foot by 20.00 foot tract; THENCE S 28° 34' 56" W — 20.00 feet, to a point for the south corner of this 20.00 foot by 20.00 foot tract; THENCE N 61° 34' 56" W — 20.00 feet, to a point Jew the west corner of this 20.00 foot by 20.00 foot MICE; THENCE N28° 32' 31" E —a distance of20.00 to the PLACE OF BEGINNING and containing 400.00 sq. ft tract 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 of fitture surveys, that this document be incorporated in all fhture conveyances, without any revtsions or deletions November 3, 2006 061030 -A.doc S. Medina Restaffed thofwdonel Lod Surveyor License Number 3419 s.€6,„ Zone► CA Ia0 - a - SUBSIDURYOFMEDINA CONSULTANTS 1 6330 SARATOGA BLVD. SUWE C- CORPUS CHRISTI. TEXAS 784/4 - PHONE 361- 99348!8 - FAX 36149i -2931 —278— / / / .vO® a B.O&B 'PBB®V / 0942a41S1a se. CPa ®a ti / / W. �.fp1.o.4. / / / / nor a -c / / a / / 6 / / */ for a -e / / /. / �/ i / / / / / / / / / / /' / / / / / / , -279- 14 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 27, 2009) Case No. 1208 -03, Portland U -Rent It Cantwell Drive: A change of zoning of a 900 square foot tract of property out of Braselton Tracts from "I -2" Light Industrial District to an "I -3" Heavy Industrial District located at 905 Cantwell Drive. Planning Commission's and Staff's Recommendation (December 10, 2008): • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Staff's Summary: • Request: The applicant is requesting a change of zoning on a 900 square foot area within a business site of 1.75 acres from an "I -2" Light Industrial District to an "I -3" Light Industrial District to provide for a 500 gallon above ground fuel storage tank. The applicant has an equipment rental office building with an existing above ground storage tank on the southwest corner of the lot. The proposed tank will be used for diesel fuel storage and on site fueling of rental equipment. -283- Agenda Memorandum Case No. 1208 -03 (Portland U -Rent It - Cantwell) Page 2 • Existing Land Uses: The subject property is used for rental of equipment. A commercial business is located to the east and west of the property. To the south is a vacant lot and to the north is IH -37. • Existing Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. Residential uses are not allowed in the "I -2" District. Setbacks required in the "I -2" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: Access to the subject property is from Cantwell Drive and from the IH -37 Frontage Road. • Infrastructure Demand: o Water and Wastewater: The City of Corpus Christi has an 8 inch water line and an 8 in wastewater line along Cantwell Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District. Crime statistics show a major drop in the crime rates of 22% from 1993 to 2005. In 1993, 1,520 crimes were reported vs in 2005 when 1,184 crimes were reported. • Fire: The closest Fire Station is number five located at 3312 Leopard Street. • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. o Soil Victoria Clay rated as suitability'. y - poor for septic system suitability . o Wetlands: NA. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): I Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navy guidelines to for land use near naval air fields. H: WIN- DIR\SHAREDII. Planning CommissonL009 CCUan V9\1208 -03 AGENDAMEMO REVISED.doc —284— Agenda Memorandum Case No. 1208 -03 (Portland U -Rent It - Cantwell) Page 3 Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of existing business. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses. The proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to. the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: There will be very little or no impact to future residential areas since this area is predominately a commercial and industrial area. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelop- ment of under -used land and proper development of abundant vacant land in the area. Staff Comment: While heavy industrial zoning is not supported by the plan, sustaining the existing uses in the area and encouraging new commercial and industrial uses is the goal of the plan. The principle use of the property is consistent with the plan and the above ground fuel storage tank can be considered an accessory to the primary commercial use Therefore, rezoning to accommodate the tank should be the goal. H:1PIN- DIX\SHAREDII. Planning Commission0009 CCUan 'OW 2O8 -03 AGENDAMEMO REVISED.tlnc -285- Agenda Memorandum Case No. 1208 -03 (Portland U -Rent It - Cantwell) Page 4 Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 IH 37 Eastbound Frontage Road Freeway 310 foot row, six through lanes, two frontage roads with two lanes each Same as existing Eastbound Frontage Road 1,512 trips per day Cantwell Drive Local Street 60 foot row, two lanes Same as existing None available Plat Status: The subject property is platted. Department Comments: • Rezoning of the property to an "I -3" Heavy Industrial District would not be in conformance with the adopted Future Land Use Plan which calls for commercial uses along the HI - 37 Frontage Road. The intent of the plan is to avoid placing heavy industrial uses directly adjacent to one of the most heavily used travel corridors and most important gateways into the city. • A special permit would help to solve the most serious zoning problems related to the hazard created by the above ground storage tank. The special permit would specify the type of tank required by the Fire Marshall and a safe location for the tank on site. • Continuation of the existing fuel tank use will help to support the existing light industrial uses. • The Fire Department has reviewed an approved the attached site plan. • The applicant is in agreement with the staff recommendation. Notification: Of the fourteen (14) notices mailed to the surrounding property owners one notice was returned in favor and zero were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule H:NIN- DIR\SHARED \I. Planning CommissioM2009 CCUan'09\12O8 -03 AGENDAMEMO REVISED.doc -286- Agenda Memorandum Case No. 1208 -03 (Portland U -Rent It - Cantwell) Page 5 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 P FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (December 10, 2008) 3) Ordinance PIM/Project Manager s'CP/CP Planning Director H:\PW- DHtWHARED \I. Planning CommissionUOO9 CCVan '09\1208-03 AGENDAMEMO REVISED.doc -287- CITY COUNCIL ZONING REPORT Case No.: 1208 -03 Planning Commission Hearing Date: December 10, 2008 Applicant & Legal Description Applicant: Portland U- Rent -It - Cantwell Drive Owner: BNJ Enterprises, Bart Nelms Representative: Bart Nelms Address: 905 Cantwell Drive Legal Description/Location: 900 square foot tract of property out of Tract No. 2 of the Navigation Heights Subdivision located at 905 Cantwell Drive. Zoning Request From: "I -2" Light Industrial To: "I -3" Heavy Industrial Area: 900 square feet Purpose of Request: To allow for the future installation of a 500 gallon above ground fuel storage tank for the on -site refueling of company vehicles. Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Commercial Commercial North "I -2" Light Industrial District Freeway, Commercial and Vacant Freeway and Light Industrial South "I -2" Light Industrial District Light Industrial Light Industrial East "I -2" Light Industrial District Light Industrial Light Industrial West "I -2" Light Industrial District Commercial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Port/Airport/Violet Area Development Plan and is planned for commercial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan. Map No.: 050045 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on a 900 square foot area within a business site of 1.75 acres from an "I -2" Light Industrial District to an "I -3" Light Industrial District to provide for a 500 gallon above ground fuel storage tank. The applicant has an equipment rental office building with an existing above ground storage tank on the southwest comer of the lot. The proposed tank will be used for diesel fuel storage and on site fueling of rental equipment. • Existing Land Uses: The subject property is used for rental of equipment. A commercial business is located to the east and west of the property. To the south is a vacant lot and to the north is IH -37. —288— City Council Zoning Report Case #: 1208 -03, Portland U -Rent It Cantwell Drive Page 2 • Existing Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. Residential uses are not allowed in the "I -2" District. Setbacks required in the "I -2" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. Transportation and Circulation: Access to the subject property is from Cantwell Drive and from the IH -37 Frontage Road. • Infrastructure Demand: o Water and Wastewater: The City of Corpus Christi has an 8 inch water line and an 8 in wastewater line along Cantwell Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District. Crime statistics show a major drop in the crime rates of 22% from 1993 to 2005. In 1993, 1,520 crimes were reported vs in 2005 when 1,184 crimes were reported. o Fire: The closest Fire Station is number five located at 3312 Leopard Street. • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. o Soil Type: Victoria Clay - rated as poor for septic system suitabilityr. o Wetlands: NA. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navy guidelines to for land use near naval air fields. -289- City Council Zoning Report Case #: 1208 -03, Portland U -Rent It Cantwell Drive Page 3 Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of existing business. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses. The proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: There will be very little or no impact to future residential areas since this area is predominately a commercial and industrial area. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelop- ment of under -used land and proper development of abundant vacant land in the area. Staff Comment: While heavy industrial zoning is not supported by the plan, sustaining the existing uses in the area and encouraging new commercial and industrial uses is the goal of the plan. The principle use of the property is consistent with the plan and the above ground fuel storage tank can be considered an accessory to the primary commercial use. Therefore, rezoning to accommodate the tank should be the goal. -290-- City Council Zoning Report Case #: I208 -03, Portland U -Rent It Cantwell Drive Page 4 Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 37 Eastbound Frontage Road Freeway 310 foot row, six through lanes, two frontage roads with two lanes each Same as existing Eastbound Frontage Road 1,512 trips per day Cantwell Drive Local Street foot row, two lanes la Same as existing None available Plat Status: The subject property is platted. Department Comments: • Rezoning of the property to an "I -3" Heavy Industrial District would not be in conformance with the adopted Future Land Use Plan which calls for commercial uses along the III - 37 Frontage Road. The intent of the plan is to avoid placing heavy industrial uses directly adjacent to one of the most heavily used travel corridors and most important gateways into the city. • A special permit would help to solve the most serious zoning problems related to the hazard created by the above ground storage tank. The special permit would specify the type of tank required by the Fire Marshall and a safe location for the tank on site. • Continuation of the existing fuel tank use will help to support the existing light industrial uses. • The Fire Department has reviewed an approved the attached site plan. • The applicant is in agreement with the staff recommendation. Staff and Planning Commission Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. —291— City Council Zoning Report Case #: 1208 -03, Portland U -Rent It Cantwell Drive Page 5 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed 14 — 12 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) (As of December 2, 2008) Attachments: I. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles I I. City Charter — Article V- Planning 12. Metes and Bounds Survey 13. Site Plan —292— CASE # 1208 -03 1. NEIGHBORHOOD - 2007 AERIAL Refer to Map 2a & 2b for Neighborhood Exis6'ng Land .Jse. Also available at r, it vv.ectexas.com Map Scale 1- 10,000 "{ SUBJECT - e*, \PROPERTY� MAN CHANNEL V _30 r c Z 333 Finn —J 1f 37 FRWy C U SUBJECT / /PROPERTY ( - LEOPARD ST • C Q. O CASE 2.a. NEIGHBORHO L = tate Residential - ER w De. city Res. - LDR d Density Res. - MOP Density Res. - HOP Mobile Horne - MH I u:,CI V..cant - VAC [7. Professional Office - PO C - mercial- COM Map Scale. 1 # 1208-03 D - EXISTING LAND USE —1 Light Industrial - LI I 1 Heavy Industrial - HI >,S? 1 Public Semi - Public - PSP [__ 1 Park [] , Drainage Corridor - DC r"- Conservation/Preservation -CP Water :10.000 SUBJECT \PROPERTY 6.0AD LOCATION MAP NN, _ Ill 37 FRwy Ili 37 FRwy .,- -____ i,,,./ /.., :...-,ilEy.,EC3- ".., ..,• 1 0.: , _ _ _ ._ - - r /., PROPERTY ./ ... ! Q _ _ „ - - 4_ • NO 7_ if 0) ---.P,eka■kkEly SAP Deprisien: of DevelopmencSerwris CASE # 1208-03 2%13. SITE- EXISTING LAND USE , Estate Residential - ER 77 Light Industrial - LI - Low Density Res. - LDR D7T1 Heavy Industrial - HI d Density Res. - MOH Public Semi-Public - PSP 1,-dt Density Res. - HOR [ 1 Park Mobile Horne - MH [ucr.] Drainage Corridor - DC I VAC I V..cant - VAC Conservation/Preservation - CP H I Professional Office - PO 1 Water C -rnercial - COM Map Scale: 1:2.400 SUBJECT , . ROPER?* 7177 LOCATION MAP (..44”NE! • 1 - . -...- .., .. ]:_y or / i •- \ (Trish Hr CO47 Q - L !1 37 r.� • rh1•P f. 061 LDF DR ' L ^�`r�;Uf- D c17° I.OR�k\S a • v^.k` '�- ?' t-DR PSP . `. \. LoR e, ,tie c :•rn F ;on); LI MDR O M Z IuP -•= LEOPAP'�� 7,. CO ✓i I. II HI RO i RP P LI J l: ' C l-:'✓! ISn,_' 'n [1 LDP (` LOP,' .._�j v- Li-1F ;MR - : LI C I7 �J'. ,l -. LI O bl -.t71 P ,4{ LJR _ RJR ♦ tom: LD4 LONR �. LG ELI :J' - Hr '� P:SPFS 12) Hi HI C), 1- xa .�DR'�j`I�C'1`�; , • r Dig • CASE # 1208-03 3.a. NFiC i-f60RHOOD - FUTURE LAND USE _ '_-J Agricultural/Ruff - AR _ r- - 'OR L-i Estate Residential - Eh - -' - earth /Business Park - RBP � 1 L ov. - Density Res. - ' ni- Light industrial - Li 6R =d Density Res. - Heavy Industrial - Hl u,,1 , rh Density Res. - HDR [ >.S:1 Public Semi -Puhhb - ASP re Home - MH I1 Park cant - VAC Drainage Corridor - DC sional Off ice -P0 u DP -dg= Placement -DP +- mmer•:fal - COrbi L_] Water Conservation/Preservation - CP Tr. rnsportation Phu: AI ',corals Collectors — tiff_ —I Perk!nay +4+1-1- Rh;road Map Scale: 1 10.000 L , ' _ L I LI 11 37 nc, w SyB.IEC.T : PR 1.-.)1?FIT.." ./ I Q - - . LOP Z ---2-'1.. //‘..„. .----..„---il__ - - • -. Deo:a/nen/ Developmen: 51,m/is CASE # 1208-03 3.IL SITE- FUTURE LAND USE _ :ft] Agricultural/Ran AR Estate Residential Eh - earchausiness Park - RBP L op: Density Res. - nl- Light industrial - Li Mini Density Res. - :1 Heavy Industrial - HI ' 71, Density Res. - HOF F., sF1 Public Seini-Public - PSP .Ie Home - MH Park .,cant - VAC L2J Drainage Corridor - DC ' sional Off ice - PC) Em;Dr.idga Placement- DP •-unitner4a1- CONI L Water <7.t. Lanservation/Preservation - CP rt ;importation Phu? A 7C PiaiS Coil ectOrS — Park.v.ay Thatoad Map Scale: 1:2,400 SUBJECT , ROPERTV HT7 LOCATION MAP (..44”NE! /2 • t•]...■• or / ci: risti CASE # 1208 -03 4. SITE- 2007 AERIAL Subject Prope: Refer Existing _3e; at,..... . LOCATION MAP 8 7 S I „„! I 3 -'--�� tzti H -22 i t C5 F2 8 7 / 4 tti 3 1 7 FRy 12 1' 12 � / 1S 16 \� /2 - 23 _ 1 r 13 /20 18 / R 1 4q ict "J4\ 15 21 23 4 4R 28 / --__ 3 � {l / ~tea d r %y . DOarime% of DeveiopmenrSbr;ityars CASE # 1208 -03 5, SUBJECT PROPERTY Subject Property 8 7 8 IDS - -__ I 1 3 7 Ike , "i -i '1 nz \ _ H -1 1. F2 7 4 I 3 FRry r 1 I 7/ 15.. -4 $!16 19 , 17 20 r 18 w Q F-20 "J4\ L 7 21 ,22-., / 23 4 o -4f-154.4 4R 28 t.7 / W/ \` \ 3 11:; s ----- D partmen, ofgebdiu /ment'3'erv2ya's CASE # 1208 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP House Distict P9 pmlted 1ng451tlal Diisi,iot arVnept House [Astrid' Lig.h Industrial District Imei House District 1 H5e }iptl1 tint Gn(L F2' Pr^Jasiafial Olfi_e District PUG Planned Unit 4aelopfiieht TT Ap tie :tiTIXIBADieLtot 8 -14 tins calmly D1.reling Dlemct el l`ISWINO8hoodH es.Distrct 818 ORS Fame- Netting Dlstlil RAF 9Igliborh ®dRl iexsDrs[td 81 One ramilyfiw IIng Dlstht 13'2 RgNiant 8818,1884 Olslett 8-2 8181111415 D6d11ip DrriIct & P 6ixrtfr 1klan8 3 ess Disk' t 4 One Family DRhid B a 8us4iess Dldrict RE Residential Estate DisVtd E. 6enera1 Rumness District R -TH: Tawnicuse P.relOng Di strict 4-5 Putney 9u1lnes ^DlsidM SP SCaulal Pei mlt Prima f idt Mks 1.1.e1 Trailer 8 8 4 ! ict 8D Carious Cknsli Eea M1 Design Dist. T 18 i nulacJured Home Fmk District FR Ferm Ru tsl Ointlnt 1-10 ManuletWYed Horne 38h[MS1au H e HisLwlcsl- tuitual Landmark District Pf=Servetian Sow Sow& Pnzweity 91.^428 h > 4 Out loft m tivcr 4`088 &6 v )ht. a or, 0 5 owners. r nsJ 'enp afire MtP Inn Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:1208 -03 Name: Portland U -Rent It Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 14 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( ) % II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DLR\SHAREDU. Planning Commission\2008 Pa2008 Public Comments \I208- 03.doc —305— 111111111 .. 4140 § 0 2 2 00 on % 1 % % % % % % X X iii $ilfg1g ma +a $ —306— 00 A 9 9 m mmmmmmmxxxjx88m iri�DAA o F FFFF�- E4 2 zz z "nig2 n Co� Co s Ny � N N m 5A5 ,lys�ls11 sAs yy l y m pc y Fr�F�r• NyNR+ .po�taTA btigmc.Q'c N NN ~+VI ~y N ?m u +u mN mmmRTO m ,! JCJ_2 F +AO� T m x RN O O b y6 0 y J J m 5.� 0 m�i pmy pq6 ql �{tnAm�tpF y�� NONUmamiai Nm px 8N±-4 r. to aL mN Wa41 88s°®Y8SE,8v 1/11111111111 rat C 00 Attachment 9 - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off- street loading and off - street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "3-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On-premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are anther regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) Dwellings or HUD-code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. (3) Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1-2 -307- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufhcture Malt produce manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Product Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, splkes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -308- 1 -2 02/08 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yam, threads and cordage Wood and Pater Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposhion building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. -309- I -2 - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy Toad vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing ((racing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20.6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district. 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 20.6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot ofadditfouet height above* •feet 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -310- -99- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 1 -2 -311- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few Tight manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off - street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B -4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty -four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -312- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -IC" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -313- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the 'B -4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the 13-1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini- storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -314- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Tavems, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R -IC" "R -2 ", "A-1", "A -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 -1C" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02 /08 B-4 -315- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 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 tavems, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (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 contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -316- - 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 -IA ", "R -1B ", "R -1C ", "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 of a lot adjoining an "R -1A ", "R -1B ", "R -IC ", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -317- 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: ( 1) 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. (1l) 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) 02/08 No building may be constructed or altered to produce a store front, show window or display window; —318— AB - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be pennitted 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 pennitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 OR -street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -319- AB - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One-family Dwelling District The purpose of this district is to provide for single-family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. 02/08 ( 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 Siena 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. -320- R -1A - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilides for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and thelin& 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 -&mily 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 fret. Only one sign per street frontage is allowed The use of one letter -sized flyer box per premise is permitted. For the purposes of this sect ion, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bad 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 Regolationa. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulation. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 -321- R -1A - 27 - Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. in the "R -IA" 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. R -1A -322- - 100- ARTICLE 21. "I -3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "1 -3" Heavy Industrial District. This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Any use permitted in the "I -2" Light Industrial District except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (3) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following uses and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, and manufacture, compounding, processing, packaging, or treatment of the following products or similar products: Chemicals. Petroleum. Coal. and Allied Products Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non - soap), dressings, and blackings Dye -stuff Essential oils Exterminating agents and poisons Fertilizer (non - organic) Fuel briquettes Glue and size (vegetable) [nit manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stones, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products 02/08 . 1 -3 -323- - 101- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monument and architectural stone Pottery and porcelain products (coal fired) Refractories (other than coal fired) Sand -lime products Stone products Wall board and plaster, building, insulation, and composition flooring Food and Beverage Casein Cider and vinegar Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, feed and grain milling storage Molasses Oils, shortenings, and fats (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerkraut Sugar refining Metals and Metal Products Boat manufacture (over five tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge plant, pneumatic, drop and forging hammering Foundries Galvanizing or plating (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steel fabrication Wire rope and cable 02 /08 t-3 —324— 02/08 - 102- Textiles. Fibers. and Bedding Bleachery Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Paper Products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving treatment Unclassified Industries Leather tanning and curing Rubber (natural or synthetic), gutta- percha, chicle, and balata processing Rubber tire and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met: (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery, or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening fences. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass) Railroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Uses (Continued) -325- I -3 - 103- Oils, vegetable and animal (non - edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21-3 Oblectlonable Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of such use shall have been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nueces Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical. Petroleum. Coal, and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Creosote Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones Explosives (including ammunition and fireworks) and explosives storage Fertilizer (organic) Fish oils and meal Glue, gelatin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petroleum, gasoline, and lubricating oil refining, and wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Turpentine and resin Clay. Stone. and Glass Products Brick, firebrick, refractories, and clay products (coal fired) Cement, lime, gypsum, or plaster of Paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing Food and Beverage 02/06 1-3 -326- - 104- Fat rendering Fish curing Slaughtering of animals Starch manufacture Metals and Metal Products Aluminum powder and paint manufacture Blast furnace, cupolas Blooming mill Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steel works and rolling mill (ferrous) Wood and Paver Products Match manufacture Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton ginning Cotton seed oil refining Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Shell, dredging Stockyard Section 21 -4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21-5 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 21 -6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 21 -6.01 On the side of a lot adjoining a residential district there shall be a side yard of not less than 25 feet. 21 -6.02 When a lot abuts upon a residential district, a rear yard of not Tess than 25 feet is required. 21 -6.03 Whenever any building or structure in the "1 -3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet. 02/08 1-3 -327- -105- 21 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, coral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. 02/08 -328- 1 -3 Attachment 10 Zoning Case:_1208 -02, Portland U -Rent It SPID From: "R -1B" One Family Dwelling District to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —329— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —330— Attachment 11 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. —331— Attachment 12 TexasGeoTech LAND SURVEYING, INC. EXIBIT B FIELD NOTES DESCRIPTION Being a 30.00 feet by 30.00 feet (900.00 sq. fl) tract, of property out of Tract No. 2 of the Navigation Heights Subdivision as recorded in volume 12, page 7, of the Map Records ofNueces County, Texas and all four tract being more fully described by metes and bounds as follows: BEGGINNING at the southeast point of this 30.00 foot by30.00 foot (900.00 sq. ft) tract, from which a 3 /4inch iron pipe was found, for the southwest corner of said Tract No. 2, bears S 06° 11 ' 21" E — 11.75 feet and then S 83° 48' 39" W — 89.60 feet, for the POINT OF COMMENCING of this tract; THENCE N 82° 25' 09" W — 30.00 feet, to a point for the east corner of this 30.00 foot by 30.00 foot tract; THENCE N 07° 34' 51" E — 30.00 feet, to a point for the south corner of this 30.00 foot by 30.00 foot tract; THENCE S 82° 25' 09" W— 30.00 feet, to a point for the west corner of this 30.00 foot by 30.00 foot tract; THENCE S 07° 34' 51" W —a distance of 30.00 to the PLACE OF BEGINNING and containing 900.00 sq. ft tract 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 of future surveys, that this document be incorporated in all future conveyances, without any revisions or deletions November 5, 2008 081030 -B.doc tsar S. Medina Registered Professional Land Surveyor License Number 3419 Ze n-\ n ( -s e SUBSIDIARY OFMEDINA CONSULTANTS ' '' 0 ©> 6330 SARATOG.A BLVD. SUITE C - CORPUS CHRISTI, TEXAS 78414 - PHONE 361 -993- 0808 - FAX 361- 993 -2955 1 —332— Attachment 13 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall Wednesday December 10, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Evon J. Kelly Govind Nadkarni Jarhes Skrobarczyk David Loeb John C. Tamez ABSENCES: Johnny R. Martinez 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 Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman Garza. c. Case No. 1208.03 Portland U -Rent It - Cantwell- A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from Light to heavy industrial for an above around fuel storage tank 900 square foot tract of property out of Tract No. 2 of the Navigation Heights Subdivision located at 905 Cantwell Drive. Bob Payne presented the above request for an "I -3" Heavy Industrial District to allow for the installation of a 500 gallon above ground fuel storage tank. The subject property is located in an "I -2" Light Industrial District and has an equipment rental office on the lot in addition to an existing above ground storage tank on the southwest corner of the lot. The proposed tank will be used for diesel fuel storage and on -site fueling of rental equipment. The request for the "I -3" Heavy Industrial District covers a 900 square foot area of the subject property. There are commercial businesses surrounding the site. Staff recommendation is denial of an "I -3" Heavy Industrial District and, in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. -334- Planning Commission M. Is October 29, 2008 Page 2 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition 111 and in compliance with all other conditions. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of the Special Permit was made by Commissioner Skrobarcyzk and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Martinez being absent. -335- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PORTLAND U- RENT -IT, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO A 900 SQUARE FOOT TRACT OF PROPERTY OUT OF BRASELTON TRACT, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW ONE (1) UL2085 ABOVE - GROUND FUEL STORAGE TANK NOT TO EXCEED 500 GALLONS, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Portland U-Rent-lt, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 10, 2008, during a meeting of the Planning Commission, and on Tuesday, January 27, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a 900 square foot tract of property out of Braselton Tract, located at 905 Cantwell Drive, from "I -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above - ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following four (4) conditions. (Zoning Map 050045) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus one UL 2085 above- ground fuel tank not to exceed 500 gallons. 2. Fire Department Approval: The above - ground fuel tank shall meet all Fire Department requirements. H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 1- 27\ ORD- zoning1208- 03PortlandCantwell -I -2- special permit.doc -336- Page 2 of 3 3. Zoning Board of Adjustments Approval: The above - ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition Number 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 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 27th day of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary APPROVED: January 20, 2009 eborah Walther Bro'& Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 1- 27 XORD- zoning1208- 03PortlandCantwell -I -2- special perrnit.doc -337- Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 1- 27\ ORD- zoning1208- 03PortlandCantwell -I -2- special permit.doc -338- 8 i Q j'-- - - -- ~` - -- - I yI - -- -- t F2 - - -__ _ I J C7 L___ 1 II no 37 FRW y -ill 1 of I4 ^--- _4 r------- 9 0e' I Ly_ I � - li-J1- &URJECT ' y�/ PROPERTY : t 1 ' 13 .- -- 14 15 if 15 19 11i CASE # 1208 -03 Planning Commission and Staff Recommendation From: "1 -2" To: "1 -2" with a Special Permit for an Above Ground Fuel Storage Tank and Four Conditions Ordinance No.: EX 9 -ee T -Pv 0 LAND SURVEYING, INC. TexasGeoTech EXIBIT B FIELD NOTES DESCRIPTION Being a 900.00 square foot tract ofproperty out ofBraselton Tract as recoded in volume 26, page 39 of the Map Records ofNueces County, Texas and being more fully described by metes and bounds as follows: BEGGINNING at the southeast point of this 900.00 square foot tract, from which a 3 /4inch iron pipe was found, for the southwest corner of said Tract No. 2, bears S 06° 11 ' 21" E - 11.75 feet and then S 83° 48' 39" W - 89.60 for the POINT or COMMENCING of this tract; THENCE N 82° 25' 09" W- 30.00 feet, to a point for the east corner of this 30.00 foot by 30.00 foot tract; THENCE N 07° 34' 51" E - 30.00 feet, to a point for the south corner of this 30.00 foot by 30.00 foot tract; THENCE S no 25' 09" W- 30.00 feet, to a point for the west corner of this 30.00 foot by 30.00 foot tract; THENCE S 07° 34' 51" W -a distance of 30.00 to Me PLACE OF BEGINNING and containing 900.00 sq. ft tract acres of land, more or less. This Field Notes Description constitutes a legal document, and, unless it appears in Us 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 of future surveys, that this document be incorporated in all fiaure conveyances, without any revisions or deletions. January, 19,2009 081030 -B.doc icier S. Medina egistered Pmfeasional Land Surveyor License Number 3419 SUBSIDIARY OFMEDINA CONSULTANTS 1 6330 SARATOGA BLVD. SUITE C— CORPUS CHRISTI. TEXAS 78414 — PHONE 361-993-0808 — FAX 361- 993 -2955 -340- a � 4t3.1 ‘42.0kcity® 8y • g a 0 15 NO ATTACHMENT FOR THIS ITEM -345- 16 CITY COUNCIL AGENDA MEMORANDUM January 21, 2009 AGENDA ITEM: Ordinance ordering a General Election to be held on April 4, 2009, in the City of Corpus Christi for the election of Mayor and eight Council Members; 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 the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; authorizing joint election agreements with Flour Bluff Independent School District, London Independent School District and West Oso Independent School District; selection of May 9, 2009, as the Runoff Election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. REQUIRED COUNCIL ACTION: Adoption of proposed ordinance. PREVIOUS COUNCIL ACTION: N/A RECOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed ordinance and order the regular City election to be held on Saturday, April 4, 2009, with a runoff date, if necessary, on Saturday, May 9, 2009. Armando Chapa City Secretary -349- AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD ON APRIL 4, 2009, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS; 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 THE CITY SECRETARY TO CONTRACT WITH THE NUECES COUNTY ELECTION OFFICER FOR EQUIPMENT AND SUPPLIES NECESSARY TO CONDUCT THE ELECTION; AUTHORIZING JOINT ELECTION AGREEMENTS WITH FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, LONDON INDEPENDENT SCHOOL DISTRICT AND WEST OSO INDEPENDENT SCHOOL DISTRICT; SELECTION OF MAY 9, 2009, AS THE RUNOFF ELECTION DATE, IF ONE IS NECESSARY; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the first Saturday in April in odd - numbered years, the same being April 4, 2009; with a runoff election, if required to be held on Saturday, May 9, 2009; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and other matters related to the holding of the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter "the Election ") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Saturday, April 4, 2009; SECTION 2. At the Election all qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in the manner and form prescribed by law. SECTION 4. 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 Attachment A hereto incorporated by reference and made part of this ordinance. 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 date of the Election. —350— SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law. He is directed to request consideration by the U.S. Department of Justice by the submission of any change herein which require preclearance, and providing such demographic data and information as required by law. SECTION 6. 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 from 8:00 am to 5:00 p.m., Monday through Friday, beginning on March 18, 2009 and ending on March 31, 2009. Such early voting in person may be conducted at the main early voting polling place located at City Hall in the lobby adjacent to the Utilities Business office, 1201 Leopard, or at the temporary branch polling places hereby established as follows: Northwest Site Westside Site Southside Site Flour Bluff Site Central Site Election Partner Election Partner Election Partner Hilltop Community Center Greenwood Senior Citizen Center C.C. Area Council for the Deaf Nueces County Building Nueces County Courthouse Flour Bluff ISD (Transportation Bldg) London Middle School West Oso ISD (Administration Bldg) 11425 Leopard 4040 Greenwood 5151 McArdle 10110 Compton Road 901 Leopard 2505 Waldron 1306 FM 43 5050 Rockford On March 30 - March 31, 2009, early voting will be conducted from 7:00 a.m. - 7:00 p.m. at the Main Early Voting Polling Place (City Hall). In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment B, and then 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 7. 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, contracting on behalf of the City Council with the Nueces County Election Officer in accordance with Chapter 31, Subchapter D, Election Code, for the use of tabulation equipment and supplies for the General Election and Runoff Election, if one is necessary, for costs of the election, in accordance with the Election Services Contract to be executed with Nueces County; and to enter into an Joint Election Agreements with Flour Bluff Independent School District, London Independent School District and West Oso Independent School District. The City Secretary is authorized to approve all lawful changes and additions to the procedures provide herein in order to implement such agreement, including, but not limited to, provisions for substations and mobile voting sites. —351— SECTION 8. That a Runoff Election, should one be required, shall be held on May 9, 2009 pursuant to Sections 41.001 and 41.031 of the Texas Election Code, between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 10. 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 hereof be given full force and effect for its purpose. SECTION 11. This ordinance shall take effect and be in full force and effect from and after its passage. —352— Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, 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 -353- Attachment "A" CITY OF CORPUS.CHRISTI GENERAL ELECTION APRIL 4, 2009 PRECINCT POLLING PLACE AND ADDRESS 1 First Presbyterian Church 430 S. Carancahua 2 Windsor Park Elementary School 4525 S. Alameda Street 3 The Lakes Master Association 7502 Venice 4 Kostoryz Elementary School 3602 Panama 5 Hamlin Middle School 3900 Hamlin 6 Ethel Eyerly Community Center 654 Graham Road 7 Oak Park Recreation Center 842 Erwin 8 Ella Barnes Elementary School 2829 Oso Parkway Calallen Middle School (Maintenance Office) 4602 Cornett *15 See Precinct 114 *16 See Precinct 26 17 Smith Elementary School 6902 Williams 18 Ronnie H. Polston County Bldg. 10110 Compton *19 See Precinct 81 -354- PRECINCT POLLING PLACE AND ADDRESS 20 Galvan Elemehtary School 3126 Masterson 21 Kiwanis Recreation Center 3933 Timon Boulevard *23 See Precinct *107 24 26az *16 +28 West Oso Jr. High School (Formerly West Oso High) 5202 Bear Lane Grace Presbyterian Church 6301 Yorktown To be determined 29 Luther Jones Elementary School 7533 Lipes Ave. 30 Oveal Williams Senior Center 1414 Martin Luther King 31 See Precinct 39 32 Blanche Moore Elementary School 6121 Durant 33 George Evans Elementary School 1315 Comanche *34 38 39 & 31 40 Our Lady of Mt. Carmel Mission 1080 Clarkwood Road Brooks Chapel A.M.E. Church 2101 N. Port Avenue Fire Station No. 3 1401 Morgan Island Presbyterian Church 14030 Fortuna Bay Drive 41 Bonilla Building (Atrium) 2727 Morgan 42 See Precinct 63 -355- PRECINCT POLLING PLACE AND ADDRESS 43 & 83 44 45 & 46 Wm. Travis Elementary School 3210 Churchill Zavala Senior Center 510 Osage George Wiggins Homes 2320 Buford 46 See Precinct 45 47 Ben Garza Gym 1815 Howard 48 To be determined 49 & 111 50 & 59 51 52 53 56 57 58 59 60 Scott Vetters Scout Hut 3221 McKinzie Lindale Recreation Center 3133 Swantner Weldon Gibson Elementary School 5723 Hampshire See Precinct 79 Sam Houston Elementary School 363 Norton Street La Armada (Boys & Girls Hall) 1455 SouthGate Del Mar College (Administration Bldg.) 101 Baldwin Menger Elementary School 2401 S. Alameda Street See Precinct 50 Adult Learning Center 3902 Morgan Avenue -356- PRECINCT 61 62 & 85 63 & 42 & 86 64 65 POLLING PLACE AND ADDRESS See Precinct 77 Wynn Seale Middle School 1707 Ayers Street Parkway Presbyterian Church 3707 Santa Fe Wilson Elementary School 3925 Fort Worth Montclair Elementary School 5241.Kentner 66 Fire Station No. 7 3722 S. Staples 67 Kaffie Middle School 5922 Brockhampton 68 69 70 &89 71 & 95 72 73 74 75 76 City Church (Formerly Church of the King) 1012 Annapolis Baker Middle School 3445 Pecan Street Arrowsmith Apartments 5701 Williams Drive Lexington Elementary School 2901 McArdle Central Park Elementary School 3602 McArdle James W. Fannin Elementary School 2730 Gollihar Cunningham Middle School 4321 Prescott David Crockett Elementary School 2625 Belton Pete Roel Enterprise 501 S. Port Avenue -357- PRECINCT POLLING PLACE AND ADDRESS 77 8561 Lozano Instructional Service Center 650 Osage 78 John F. Kennedy Elementary School 5040 Rockford 79 8552 Driscoll Middle School 3501 Kenwood 80 West Oso Facility (Formerly West Oso Jr. High) 1115 Bloomington 81 & * 19 Fire Station No. 15 14202 Commodores 82 Fire Station No. 9 501 Navigation 83 See Precinct 43 84 C.C. Area Council for the Deaf 5151 McArdle Road 85 See Precinct 62 86 See Precinct 63 87 Carroll Lane Elementary School 4120 Carroll Lane 88 See Precinct 115 89 See Precinct 70 90 Fire Station No. 11 910 Airline 91 Alta Bayside Apartment 1701 Ennis Joslin 92 Cullen Middle School 5225 Greely -358- PRECINCT POLLING PLACE AND ADDRESS 93 Water Utility Building (Conference Room) 2726 Holly Road 94 Wm. Calk Elementary School 4621 Marie 95 See Precinct 71 96 Norton Street Church of Christ 3001 Norton Street 97 Rosas Garage 4462 Dinn 98 Foy H. Moody High School 1818 Trojan Drive 99 West Heights Baptist Church 642 Scott 100 Fire Station No. 12 2120 Rand Morgan 101 Tuloso- Midway High School 2653 McKinzie *103 106 *107 & *23 109 Tuloso- Midway Middle School 9780 LaBranch Torn Browne Middle School 4301 Schanen Magee Elementary School 4201 Calallen Drive King High School 5225 Gollihar 110 Hilltop Community Center 11425 Leopard 111 See Precinct 49 112 Schanen Estates Elementary School 5717 Killarmet -359- PRECINCT POLLING PLACE AND ADDRESS 113 114 & *15 115 &88 Garcia Elementary School 4401 Greenwood St. John's Baptist Church 5445 Greenwood Club Estates Elementary School 5222 Merganser 116 Elliott Grant Middle School 4350 Aaron 117 Flour Bluff High School (Cafetorium Foyer) 2505 Waldron Road 118 Tabernacle of Praise Church 5918 Kostoryz 119 Fire Station No. 14 5901 S. Staples 120 Woodlawn Elementary School 1110 Woodlawn 121 122 123 124 125 C.P. Yeager Elementary School 5414 Tripoli Flour Bluff ISD (Maintenance Dept.) 2505 Waldron Road Annaville Elementary School 3901 Cliff Crenshaw Cimarron Senior Apartments 2802 Cimmaron Mireles Elementary School 7658 Cimarron Blvd. + +126 Chapman Ranch Gin 1726 County Road 6 * Indicates partially inside and outside city limits. +Indicates West Oso ISD only precinct. + +Indicates London ISD only precinct. -360- Attachment B LOCATION Sams Club 4949 Greenwood 9:00 am to 5:00 pm Christus Spolm- Memorial (Lobby) 2606 Hospital Blvd. 9:00 am to 5:00 pm One Shoreline Plaza 800 N. Shoreline 9:00 am to 5:00 pm Fire Station #15 14202 Commodores 9:00 am to 4:00 pm Sun Harvest 1440 Airline 10:00 am to 5:00 pm Driscoll Children's Hospital 3533 S. Alameda 9:00 am to 5:00 pm Christus Spohn- Shoreline 600 Elizabeth 9:00 am to 5:00 pm Northwest Senior Center 9725 Up River Road 10:00 am to 5:00 pm LOCATION Christus Spohn —South 5950 Saratoga 9:00 am to 5:00 pm Corpus Christi Athletic Club 2101 Airline 9:00 am to 5:00 pm Ethel Eyerly Senior Center 654 Graham 9:00 amto5:00pm Bay Area -CC Medical Center 7101 South Padre Island Drive 9:00 am to 5:00 pm Sutherland's 4041 S. Staples 10:00 am to 5:00 pm Texas A &M University -CC (University Center -Cayo Room) 6300 Ocean Dr. 9:00 am to 5:00 pm Center for Economic Development - Del Mar College South 3209 S. Staples 9:00 am to 5:00 pm Island Presbyterian Church 14030 Fortuna Bay 9:00 am to 4:00 pm LOCATION YWCA 4601 Corona 9:00 amto5:00pm Tower II 555 N. Carancahua 9:00 am to 5:00 pm Oveal Williams Senior Center 1414 Martin Luther King 9:00 am to 3:00 pm La Palmera Mall 5488 South Padre Island Dr. 10:00 am to 5:OO pm Half Price Books 5425 South Padre Island Drive 12:00 pm to 5:00 pm YWCA 4601 Corona 9:00 am to 5:00 pm Garden Estates of Corpus Christi 2709 Cimarron 9:00 am to 4:00 pm Trinity Towers 101 Upper N. Broadway 9:00 am to 5:00 pm W F d A Wed., March 18 Thurs., March 19 Fri., March 20 Sat., March 21 Sun., March 22 Mon., March 23 Tues., March 24 Wed., March 25 -361-- -362- Note: Schedule is subject to change on an emergency basis. Trisun Care Center -River Ridge 3922 W. River Dr. 9:00 am to 5:00 pm Hobby Lobby 4101 -A US Hwy 77 9:00 am to 5:00 pm Corpus Christi Trade Center 2833 South Padre Island Drive 9:OOamto5:00pm Sun Harvest 1440 Airline 10:00 am to 5:00 pm Christus Spohn- Shoreline 600 Elizabeth 9:00 am to 5:00 pm Christus Spohn - Memorial (Lobby) 2606 Hospital Blvd. 9:00 amto5:00.m LOCATION Corpus Christi Athletic Club 2101 Airline 9:00 am to 5:00 pm Corpus Christi Athletic Club 2101 Airline 9:00 am to 5:00 pm Island Presbyterian Church 14030 Fortuna Bay 9:00 am to 4:00 pm Christus Spohn —South 5950 Saratoga 10:00 am to 4:00 pm Northwest Senior Center 9725 Up River Road 10:00 am to 5:00 pm Corpus Christi Athletic Club 2101 Airline 9:00 am to 5:00 pm LOCATION American Bank — Island 14602 South Padre Island Drive 9:00 am to 4:00 pm Corpus Christi Army Depot (Cafeteria) 308 Crecy St., Bldg 8 9:00 am to 5:00 pm La Palmera Mall 5488 South Padre Island Drive 10:00 am to 5:00 pm Sutherland's 4041 S. Staples 10:00 am to 4:00 pm Half Price Books 5425 South Padre Island Drive 10:00 am to 5:00 pm Tower II 555 N. Carancahua 9:00 am to 5:00 pm DATE Thurs., March 26 N N .sue U w Sat., March 28 Sun., March 29 Mon., March 30 -362- Note: Schedule is subject to change on an emergency basis. 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27. 2009 AGENDA ITEM: Motion approving authorized list of financial underwriters. ISSUE: The City of Corpus Christi issued a Request for Qualifications (RFQ) to provide financial underwriting services. Twenty -five responses were received. The responses were reviewed and categorized by a review committee ( "the committee ") consisting of the City's financial advisor, Mark Seal with M. E. Allison and Company, Inc., the Interim Assistant City Manager, and the Interim Director of Financial Services. Of the twenty -five responses received, eighteen firms are being recommended to be included as authorized underwriters for the City, and this list of authorized underwriters is being submitted to the City Council for approval. In the event a firm approaches the City with an offer of a unique type of service or product, or an opportunity to restructure our debt with an exceptional savings, but they are not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized List of financial underwriters. REQUIRED COUNCIL ACTION: City Council approval of the motion is requested. PREVIOUS ACTION: • On February 13, 2007, the City Council approved the previous list of qualified financial underwriters. • In September 2003, the City Council was presented with a list of qualified financial underwriters. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion as presented. - . Constance P. Sanchez Interim Director of Financial Services Attachments: Background Information Authorized List of Qualified Financial Underwriters —365— BACKGROUND INFORMATION On November 24, 2008, the City of Corpus Christi issued a Request for Qualifications (RFQ) to provide financial underwriting services. Twenty -five responses were received. The responses were reviewed and categorized by a review committee ( "the committee ") consisting of the City's financial advisor, Mark Seal with M E Allison and Company, Inc., the Interim Assistant City Manager, and the Interim Director of Financial Services. Each firm was categorized into groups of national, regional, and minority status. Based on the evaluation by the committee, eighteen firms are being recommended to be included as authorized underwriters for the City. The committee reviewed the responses received and evaluated the responses based on the firm's Texas presence for underwriting bonds, as well as any interest in the City of Corpus Christi that the firm has exhibited. Based on this review, eighteen firms are being recommended for inclusion in the list of authorized underwriters. It should be noted that this list is representative of the committee's evaluation as of this point in time. However with the current volatility in the market, conditions in the make up and structure of the firms for the City's authorized underwriters will more than likely change as the weeks go by, and so the committee is recommending that the list be reviewed and updated every six months to ensure that the City maintains an adequate list of underwriters. Underwriting teams will be periodically selected from the pool for a specific financing and will participate with the City and its financial advisor with the structuring of financings that are in the best interest of the City. The selected underwriter or group of underwriters will have the sole responsibility of underwriting and marketing the obligations to potential investors. Section 9.3 ofthe City's Debt Management Policy describes the duties of an underwriter in a negotiated sale. Section 9.3.2.2 states: "Each co- manager (underwriter) is responsible for buying these bonds even if they do not obtain orders for them." This is a crucial role for which the City will rely upon the underwriters. Many underwriting firms do not currently have the capital to buy bonds into their inventory, and if this were the case when the City is ready to issue bonds, then those firms could not be selected as an underwriter for the City at that time. In the event a firm approaches the City with an offer of a unique type of service or product, or an opportunity to restructure our debt with an exceptional savings, however, they are not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. —366— City of Corpus Ch risti National Scope: CorpusChrisli bed IY 1medcalt9 List of Financial Underwriters 111 '' Presented to the City Council on January 27, 2009 1. Banc of America Securities, LLC 2. First Southwest Company 3. JP Morgan Securities Inc. 4. Merrill Lynch 5. Morgan Stanley (current dealer of commercial paper) 6. Stifel Nicolaus & Co. Inc. 7. Wells Fargo Brokerage Services, LLC Regional Scope: 1. Coastal Securities 2. Frost Bank 3. Morgan Keegan & Company, Inc. 4. RBC Capital Markets 5. SAMCO Capital Markets, Inc. 6. Southwest Securities 7. Stern, Agee & Leach, Inc. Minority Status: 1. Cabrera Capital Markets, Inc. 2. Estrada Hinojosa & Company, Inc. 3. Ramirez & Co., Inc. 4. Siebert Brandford Shank & Company, L.L.C. -367- 18 COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27, 2009 AGENDA ITEM: Motion authorizing the City Manager to enter into a contract with McCall, Parkhurst & Horton, LLP to perform bond counsel services for the City of Corpus Christi. ISSUE: On December 5, 2008, the City of Corpus Christi issued a Request for Qualifications to Provide Bond Counsel Services. Six responses were received During the week ofJanuary 5, 2009, an evaluation committee ( "the committee ") consisting of the Interim Assistant City Manager, the Assistant City Attorney, and the Interim Director ofFinancial Services interviewed each ofthe six firms. The City's financial advisor, Mark Seal with M. E. Allison and Company, was present during the interviews but was not part ofthe evaluation committee. After the interviews, the committee individually evaluated each ofthe firms and then reviewed them as a whole. The committee is recommending that McCall, Parkhurst & Horton, LLP be retained by the City to perform bond counsel services for a five -year period. REQUIRED COUNCIL ACTION: Approval of the motion is required. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion appointing the financing team for these bonds. AID Mary i y Fis? er City Attorney Attachments: Background Information Letter Regarding Bond Counsel Services —371— Thri Constance P. Sanchez Interim Director of Financial Services BACKGROUND INFORMATION Section 2254.003 ofthe Texas Government Code requires that a governmental entity may not select a provider of professional services (which includes legal counsel necessary for issuance of public securities) on a basis of competitive bids submitted for a contract of services. The selection and award for professional services is required to be made on the basis of demonstrated competence and qualifications to perform the services, and for a fair and reasonable price. Section 2254.004 of the Texas Government Code requires a governmental entity to first select the most qualified provider of services on the basis of demonstrated competence and qualifications and then attempt to negotiate with that provider a contract at a fair and reasonable price. Additionally, Section 2254.005 of the Texas Government Code voids all contracts entered into in violation of Subchapter A, Chapter 2254 of the Texas Government Code as against public policy. In accordance with these provisions and as recommended by the City Council, City staff solicited a Request for Qualifications to Provide Bond Counsel Services on December 5, 2008. Six firms responded. They were Andrews Kurth LLP, Fulbright & Jaworski LLP, McCall, Parkhurst & Horton LLP, Vinson & Elkins LLP, William T. Avila, PC and a joint venture between Winstead PC and Shelton & Valadez PC. Each of the six firms was interviewed by an evaluation committee ( "the committee ") consisting of the Interim Assistant City Manager, the Assistant City Attorney, and the Interim Director of Financial Services. References for each of the six firms were also contacted. The evaluation process was a difficult one due to the fact that each ofthe six firms was qualified to provide basic bond counsel services to the City of Corpus Christi. The committee, therefore, had to identify some factors or characteristics that would distinguish one firm from the others. The factors used in the evaluation process included the experience and demonstrated competence of the law firm in public finance law; the qualifications of staff assigned to the City's financings; and references. After close review of the proposals, the results of the interviews, and a thorough discussion of each firm, the committee felt that McCall, Parkhurst & Horton LLP stood out from the others because the firm focuses on public finance law and has the resources to dedicate to the City's needs. The first distinguishing factor in making the selection was that only two of the six faros provide exclusively public finance law services. They were William T. Avila, PC and McCall, Parkhurst & Horton, LLP. The other firms provide additional services to a variety of clients, and the committee felt that the exclusive public finance law services factor would be a benefit to the City in that there would not be an opportunity for conflict of interest. The second factor then used to distinguish between the two firms that provide only public finance law services was the ability to timely service the City's needs. The committee believes that McCall, Parkhurst & Horton LLP has the current resources to meet the City's needs above William T. Avila, PC. McCall, Parkhurst & Horton LLP employs nineteen bond lawyers and two tax lawyers; while William T. Avila, PC employs one bond lawyer with plans to hire an additional lawyer but has no tax lawyers on staff. The committee believes that with the volume of work the City of Corpus Christi often has during short spans of time, McCall, Parkhurst & Horton LLP has sufficient depth in the firm to serve the City in the manner that we would require. McCall, Parkhurst & Horton LLP has been the City's bond counsel for over forty - years, and their past experience proves their competency and ability to serve the City's needs. During these difficult economic times, the committee believes that the historical knowledge that McCall Parkhurst & Horton LLP has relating to the City's history of bond issuance is a valuable tool and will be used to assist us in making the right decisions regarding the issuance of bonds now and in the future. —372— LAW OFFICES MCCALL, PARKHURST & HORTON L.L.P. 600 CONGRESS AVENUE SUITE 1800 AUSTIN, TEXAS 78701 -3248 TELEPHONC 512 475 -3805 FACSINILC 512 472 -0871 City of Corpus Christi, Texas 1201 Leopard City Hall Corpus Christi, Texas 78401 Bond Counsel Services Ladies and Gentlemen: 717 NORTH HARWOOD SUITE 900 DALLAS, TEXAS 75201 -6587 TELEPHONE: 214 754.8200 FACSIMILE: 214 754.9250 January 27, 2009 700 N. ST. MARY'S STREET SUITE 1525 SAN ANTONIO, TEXAS 78205 -3503 TELEPHONE: 210 225 -2800 FACSIMILE: 210 225.2984 We are very pleased to serve as bond counsel ("Bond Counsel") in connection with the issuance of bonds, notes and other obligations (the "Bonds") issued by the City of Corpus Christi, Texas (the "City"). It is our understanding that this engagement is for a five year term, with an option to extend the term to be exercised at the discretion of the City. The purpose of this letter is to set out in writing our fees and the scope of our duties in connection with the issuance of the Bonds by the City, and to outline our responsibilities in con- nection with any such engagement. As Bond Counsel we would perform a specialized legal service. The tasks which this firm would undertake would be those necessary to rendering an opinion to the effect that the Bonds have been authorized, issued, and delivered in accordance with the Constitution and laws of the State of Texas, constitute valid and legally binding obligations of the City, and that the interest on said Bonds is exempt from Federal income taxes under existing statutes, regulations, rulings, and court decisions. In particular, we would prepare and direct the legal proceedings and perform the other necessary legal services with reference to the authorization, issuance, and delivery of such Bonds, including the following: 1. Preparing documents calling any bond election, notice thereof, and canvassing the results, and submitting election documents to the United States Justice Department for preclearance purposes under the federal Voting Rights Act. 2. Preparing all instruments pursuant to which Bonds will be authorized, secured, sold, and delivered in consultation with the City Council, the City staff, the City's financial advisor, and other officials and consultants of the City. 3. Attending meetings of the City Council and meetings with the City staff to the extent required or requested by the City Council, the City Manager or the Director of Financial Services. 4. Attending meetings with prospective bond purchasers (including state agencies such as the Texas Water Development Board) and meetings with rating agencies or credit -373- enhancers to the extent required or requested; and, if so requested, render appropriate opinions relating to agreements and other documents governing the issuance of credit enhancements, such as lines or letters of credit. 5. Cooperating with the City and its consultants in the preparation of (i) any application to the Texas Water Development Board for financial assistance, and (ii) any official statement or other securities laws disclosure documents, including review of the information therein describing the bonds, the security therefor, the summary of the authorizing document pertaining to the issuance of the bonds, and the federal income tax status thereof. 6. Cooperating with the City and its consultants in reviewing documents prepared for submission to national and/or state repositories with respect to the City's responsibilities under Rule 15c2 -12 promulgated by the United States Securities and Exchange Commission. 7. Submitting the bonds to the Attorney General of the State of Texas for approval and obtaining the registration of the bonds by the Comptroller of Public Accounts of the State of Texas, as required by law. 8. Supervising the printing, execution, and delivery of the bonds to the purchasers. 9. When so delivered, rendering an opinion covering the validity of the bonds under Texas law and the tax exempt status of the interest thereon under federal income tax laws, and to that end prepare all relevant documents necessary to assure compliance with the federal income tax laws relating to the issuance of tax - exempt bonds, including, without limitation, the preparation of Form 8038 -G. 10. Providing continuing advice concerning such subjects as arbitrage and rebate matters, the application of bond proceeds, new developments in the law concerning bond issues, and changes in industry practices. The services described above to be provided as Bond Counsel do not include any responsibility for investigating the financial condition and affairs of the City or any organization for which the City may issue Bonds. Our approving legal opinion as Bond Counsel will contain a paragraph substantially to the effect that we have acted as Bond Counsel for the City for the sole purpose of rendering an opinion with respect to the legality and validity of the Bonds under the Constitution and laws of the State of Texas, and with respect to the exemption of the interest on the Bonds from Federal income taxes, and for no other reason or purpose. That paragraph of our opinion will also disclose that we have not been requested to investigate or verify any record, data, or other material relating to the financial condition or capabilities of the City or the organization for which the Bonds are issued, and have not assumed any responsibility with respect thereto. We will, upon request of the City, undertake such services as may be necessary to assist the City in satisfying the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission. Additionally, should it be necessary for the firm to do so, we will render a written opinion with respect to any matters relating to the compliance requirements of Rule 15c2-2. The fees covering the legal services of this firm incurred in connection with the issuance and delivery of Bonds by the City will be calculated in the following manner: the time worked on a bond issue would be billed on an hourly basis, with fees ranging from $275 an hour for —374— associates, $300 an hour for junior level partners, and $375 an hour for senior level partners. Jeff Leuschel would bill his time at $375 an hour, and Noel Valdez would bill his time at $300 an hour. An opinion fee equal to 40 cents per $1,000 principal amount of the Bonds issued would also be billed. By way of example, should the principal amount of a bond issue be $10,000,000, the opinion fee would equal $4,000; for a $50,000,000 bond issue, the opinion fee would be $20,000. It is our experience that in a typical municipal bond issue secured by the ad valorem taxes or dedicated revenue source of the City, time expended on a bond issue ranges from 50 to 150 hours. Also, we would expect to be reimbursed for our actual out -of- pocket expenses reasonably and necessarily incurred in connection with the authorization, issuance, and delivery of each series or issue of Bonds. The foregoing notwithstanding, with respect to the first issuance of Utility System Revenue Bonds by the City after the date of this engagement letter, we had represented to the City Council that our fee would be one -half of the fee we had traditionally billed the City for such services. Our fee was calculated on the basis of $1.00 per $1,000 principal amount of bonds to be issued, contingent upon the delivery of the bonds. For a $90,000,000 bond issue, the fee under our prior fee structure would have been $90,000. In connection with the issuance of such an issue of Utility System Revenue Bonds, assuming a $90,000,000 issue, we would bill the City for services rendered in connection with the issuance and delivery of such bonds the lesser of $45,000 (one -half of the fee calculated as described in this paragraph) or the fee based on the combined hours and opinion fee described in the preceding paragraph. Ow- fee and expenses for each series or issue of Bonds would be payable at the time of delivery of and payment of such Bonds and would come from the proceeds from the sale of the Bonds. Our fees would be wholly contingent upon actual delivery of a series or issue of Bonds. The fee quoted for the foregoing legal services as Bond Counsel is not inclusive of the fee covering the legal services to be performed by the firm in connection with the issuance of refunding bonds by the City, or with respect to bonds issued by entities acting on behalf of the City, such as the Corpus Christi Business and Job Development Corporation and the North Padre Island Development Corporation. With respect to the entities acting on behalf of the City, the nature of the bond issue and its security, and whether it is rated investment grade (BBB or better) by a nationally recognized rating organization, such as Moody's or Standard & Poor's, will be critical in determining the fees to be charged for services rendered. Such fee for legal services shall be negotiated by us and the City prior to commencing work on preparing the documents necessary for the issuance of any such series of bonds, with such approvals as the City deems necessary with respect to such fees. The fees and out -of- pocket expenses incurred with respect to the performance by our firm of services rendered in a capacity outside our customary role as Bond Counsel, such as in connection with on -going compliance by the City with the provisions of Rule 15c2 -12 of the Securities and Exchange Commission, the review of compliance by the City with federal income tax laws (other than in connection with the delivery of Bonds), as well as miscellaneous legal services requested by the City and its stag will be billed to the City on a monthly basis, as incurred by the firm. These services would be provided upon specific authorization from the City. Any fees so incurred would be charged on an hourly basis at the customary billing rates for the attorneys of our firms working on the matter. The hourly rates to be charged range from $275 to $375 an hour, depending upon the attorney working on the matter. Such services will be performed only upon the request of City stag and we will advise the City Attorney's office of the estimated amount of time and expense we would anticipate will be incurred as a result of the performance of such services. Services which would involve less than 10 hours of time on a given project or assignment would not be billed to the City. —375— This agreement shall be terminable at will by the City upon giving us thirty (30) days written notice of such termination. If the arrangement proposed herein is satisfactory, it is requested that your understanding of the above be evidenced by the signature of the City Manager on three copies of this letter in the place provided. Please return one copy of this letter to undersigned for our files. Sincerely yours, McCALL, PARKHURST & HORTON L.L.P. ACCEPTED this the day of , 2009. CITY OF CORPUS CHRISTI, TEXAS By: Angel R. Escobar City Manager -376- 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 27, 2009 AGENDA ITEM: Motion authorizing the appointment of M. E. Allison as Financial Advisor; RBC Capital Markets as Senior Manager; Estrada Hinojosa & Company, Inc., Frost Bank, Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co- Managers; and McCall, Parkhurst, and Horton as Bond Counsel for the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. ISSUE: The City of Corpus Christi utilizes a $75,000,000 Commercial Paper Program as an interim financing tool for approved utility system capital projects. Utilizing commercial paper allows the City to begin projects in a timely manner at lower short-term interest rates without having to issue bonds before the projects commence. The last issuance of Utility System revenue improvement bonds was in October 2006. Since that time, the conunercial paper authority has been expended, and we are at the point that we must issue bonds in order to fund approved utility projects. In order to facilitate this bond sale process, the City must appoint a financing team. REQUIRED COUNCIL ACTION: Approval of the motion is required. FUTURE COUNCIL ACTION: February 10, 2009 — Ordinance to approve bond order, purchase contract and delegation of authority to the City Manager in relation to the issuance of $90,000,000 City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. PREVIOUS COUNCIL ACTION: September 30, 2008 — Resolution expressing official intent to reimburse $75,000,000 in costs with respect to the construction of improvements to the City's Utility System. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the motion appointing the financing team for these bonds. Constance P. Sanchez Interim Director of Financial Services Attachments: Background Information Financial Advisor Fee Schedule Bond Counsel Fee Schedule —379— BACKGROUND INFORMATION The City of Corpus Christi is planning on issuing up to $90,000,000 in City of Corpus Christi, Texas Utility System Revenue Improvement Bonds in February 2009. The City of Corpus Christi utilizes a $75,000,000 Commercial Paper Program as an interim financing tool for approved utility system capital projects. Utilizing commercial paper allows the City to begin projects in a timely manner at lower short-term interest rates without having to issue bonds before the projects commence. Although the City currently has no commercial paper notes outstanding, the spending authority by which projects can be let is nearly exhausted. The issuance of these bonds will replenish the spending authority to $75,000,000. The remaining $15,000,000 of utility system revenue bonds will be issued to pay for utility work associated with the Bond 2008 projects approved by voters on November 4, 2008. Included with this agenda item are both financial advisory fees associated with the issuance ofrevenue bonds, and a letter outlining the bond counsel fees. As previously stated to the City Council in September 2008, McCall, Parkhurst, and Horton LLP has agreed to charge the City one -half of their normal fees for this type of issue. Bond counsel fees for this issue will be the lesser of$45,000 or the fee based on the combined hours and opinion fee described in the attached letter. —380— Aran v INVESTMENT BANNERS FINANCIAL ADVISORY FEB SCHEDULE GENERAL OBLIGATION NOTES AM Not Mau MSS $ 250,000 350,000 500,000 700,000 1,000,000 1,500,000 5,000,000 10,000,000 20,000;000 $ 250,000 350,000 500,000 700,000 1,000,000 1,500,000 5,000,000 10,000,000 20,000,000 No that 17,500 plus $20.00 per 11,000 for all over $1$0,000 39,500 plus $10.00 per $1,000 for all over 1250,000 310,500 plus $8.00 per 11,000 for atl over 1350,000 $11,700 plus $7.00 per $1,000 foe all over $500,000 113,100 plus $6.00 par 11,000 fir 411 ova 1700,000 114,900 plus 15.00 per 11,000 for all ova 11,000,000 117,400 plus 13.00 pa 11,000 $a s11 over 11,500,000 127,900 plus 11.65 pa31,000 for s0 ova 15,000,000 136,150 phis 11.00 per $1,000 fir all over 110,000,000 146,150phu $0.85 per $1,000 for ell over $20,000,000 -'tI 011 y 1114, _, e:.: O. In the event the Bonds to be issued ae Revalue Bands or Combination Tex end Revenue • Oatiitoetes.cf Oblption, Ra6mdin` of Lase Portse, the he shall be the amount competed. tom the Above sobedule plus 2596. —381— LAW OFFICES MCCALL, PARKHURST & HORTON L.L.P. 600 CONGRESS AVENUE SUITE 1800 AUSTIN, TEXAS 78701 -3248 TELEPHONE: 512 478 -3805 FACSIMILE: 512 472 -0871 City of Corpus Christi, Texas 1201 Leopard City Hall Corpus Christi, Texas 78401 Bond Counsel Services Ladies and Gentlemen: 717 NORTH HARWOOD SUITE 900 DALLAS, TEXAS 75201.6587 TELEPHONE: 214 754 -9200 FACSIMILE: 214 754 -9250 January 27, 2009 700 N. ST. MARY'S STREET SUITE 1525 SAN ANTONIO, TEXAS 78205 -3503 TELEPHONE: 210 225 -2800 FACSIMILE: 210 225.2954 We are very pleased to serve as bond counsel ( "Bond Counsel ") in connection with the issuance of bonds, notes and other obligations (the "Bonds") issued by the City of Corpus Christi, Texas (the "City"). It is our understanding that this engagement is for a five year term, with an option to extend the term to be exercised at the discretion of the City. The purpose of this letter is to set out in writing our fees and the scope of our duties in connection with the issuance of the Bonds by the City, and to outline our responsibilities in con- nection with any such engagement. As Bond Counsel we would perform a specialized legal service. The tasks which this firm would undertake would be those necessary to rendering an opinion to the effect that the Bonds have been authorized, issued, and delivered in accordance with the Constitution and laws of the State of Texas, constitute valid and legally binding obligations of the City, and that the interest on said Bonds is exempt from Federal income taxes under existing statutes, regulations, rulings, and court decisions. In particular, we would prepare and direct the legal proceedings and perform the other necessary legal services with reference to the authorization, issuance, and delivery of such Bonds, including the following: I. Preparing documents calling any bond election, notice thereof; and canvassing the results, and submitting election documents to the United States Justice Department for preclearance purposes under the federal Voting Rights Act. 2. Preparing all instruments pursuant to which Bonds will be authorized, secured, sold, and delivered in consultation with the City Council, the City staff, the City's financial advisor, and other officials and consultants of the City. 3. Attending meetings of the City Council and meetings with the City staff to the extent required or requested by the City Council, the City Manager or the Director of Financial Services. 4. Attending meetings with prospective bond purchasers (including state agencies such as the Texas Water Development Board) and meetings with rating agencies or credit -382- enhancers to the extent required or requested; and, if so requested, render appropriate opinions relating to agreements and other documents governing the issuance of credit enhancements, such as lines or letters of credit. 5. Cooperating with the City and its consultants in the preparation of (i) any application to the Texas Water Development Board for financial assistance, and (ii) any official statement or other securities laws disclosure documents, including review of the information therein describing the bonds, the security therefor, the summary of the authorizing document pertaining to the issuance of the bonds, and the federal income tax status thereof. 6. Cooperating with the City and its consultants in reviewing documents prepared for submission to national and/or state repositories with respect to the City's responsibilities under Rule 15c2 -12 promulgated by the United States Securities and Exchange Commission. 7. Submitting the bonds to the Attorney General of the State of Texas for approval and obtaining the registration of the bonds by the Comptroller of Public Accounts of the State of Texas, as required by law. 8. Supervising the printing, execution, and delivery of the bonds to the purchasers. 9. When so delivered, rendering an opinion covering the validity of the bonds under Texas law and the tax exempt status of the interest thereon under federal income tax laws, and to that end prepare all relevant documents necessary to assure compliance with the federal income tax laws relating to the issuance of tax- exempt bonds, including, without limitation, the preparation of Form 8038 -G. 10. Providing continuing advice concerning such subjects as arbitrage and rebate matters, the application of bond proceeds, new developments in the law concerning bond issues, and changes in industry practices. The services described above to be provided as Bond Counsel do not include any responsibility for investigating the financial condition and affairs of the City or any organization for which the City may issue Bonds. Our approving legal opinion as Bond Counsel will contain a paragraph substantially to the effect that we have acted as Bond Counsel for the City for the sole purpose of rendering an opinion with respect to the legality and validity of the Bonds under the Constitution and laws of the State of Texas, and with respect to the exemption of the interest on the Bonds from Federal income taxes, and for no other reason or purpose. That paragraph of our opinion will also disclose that we have not been requested to investigate or verify any record, data, or other material relating to the financial condition or capabilities of the City or the organization for which the Bonds are issued, and have not assumed any responsibility with respect thereto. We will, upon request of the City, undertake such services as may be necessary to assist the City in satisfying the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission. Additionally, should it be necessary for the firm to do so, we will render a written opinion with respect to any matters relating to the compliance requirements of Rule 15c2 -2. The fees covering the legal services of this firm incurred in connection with the issuance and delivery of Bonds by the City will be calculated in the following manner: the time worked on a bond issue would be billed on an hourly basis, with fees ranging from $275 an hour for —383— associates, $300 an hour for junior level partners, and $375 an hour for senior level partners. Jeff Leuschel would bill his time at $375 an hour, and Noel Valdez would bill his time at $300 an hour. An opinion fee equal to 40 cents per $1,000 principal amount of the Bonds issued would also be billed. By way of example, should the principal amount of a bond issue be $10,000,000, the opinion fee would equal $4,000; for a $50,000,000 bond issue, the opinion fee would be $20,000. It is our experience that in a typical municipal bond issue secured by the ad valorem taxes or dedicated revenue source of the City, time expended on a bond issue ranges from 50 to 150 hours. Also, we would expect to be reimbursed for our actual out -of- pocket expenses reasonably and necessarily incurred in connection with the authorization, issuance, and delivery of each series or issue of Bonds. The foregoing notwithstanding, with respect to the first issuance of Utility System Revenue Bonds by the City after the date of this engagement letter, we had represented to the City Council that our fee would be one -half of the fee we had traditionally billed the City for such services. Our fee was calculated on the basis of $1.00 per $1,000 principal amount of bonds to be issued, contingent upon the delivery of the bonds. For a $90,000,000 bond issue, the fee under our prior fee structure would have been $90,000. In connection with the issuance of such an issue of Utility System Revenue Bonds, assuming a $90,000,000 issue, we would bill the City for services rendered in connection with the issuance and delivery of such bonds the lesser of $45,000 (one -half of the fee calculated as described in this paragraph) or the fee based on the combined hours and opinion fee described in the preceding paragraph. Our fee and expenses for each series or issue of Bonds would be payable at the time of delivery of and payment of such Bonds and would come from the proceeds from the sale of the Bonds. Our fees would be wholly contingent upon actual delivery of a series or issue of Bonds. The fee quoted for the foregoing legal services as Bond Counsel is not inclusive of the fee covering the legal services to be performed by the firm in connection with the issuance of refunding bonds by the City, or with respect to bonds issued by entities acting on behalf of the City, such as the Corpus Christi Business and Job Development Corporation and the North Padre Island Development Corporation. With respect to the entities acting on behalf of the City, the nature of the bond issue and its security, and whether ft is rated investment grade (BBB or better) by a nationally recognized rating organization, such as Moody's or Standard & Poor's, will be critical in determining the fees to be charged for services rendered. Such fee for legal services shall be negotiated by us and the City prior to commencing work on preparing the documents necessary for the issuance of any such series of bonds, with such approvals as the City deems necessary with respect to such fees. The fees and out -of- pocket expenses incurred with respect to the performance by our firm of services rendered in a capacity outside our customary role as Bond Counsel, such as in connection with on -going compliance by the City with the provisions of Rule 15c2 -12 of the Securities and Exchange Commission, the review of compliance by the City with federal income tax laws (other than in connection with the delivery of Bonds), as well as miscellaneous legal services requested by the City and its staff, will be billed to the City on a monthly basis, as incurred by the firm. These services would be provided upon specific authorization from the City. Any fees so incurred would be charged on an hourly basis at the customary billing rates for the attorneys of our firms working on the matter. The hourly rates to be charged range from $275 to $375 an hour, depending upon the attorney working on the matter. Such services will be performed only upon the request of City staff; and we will advise the City Attorney's office of the estimated amount of time and expense we would anticipate will be incurred as a result of the performance of such services. Services which would involve less than 10 hours of time on a given project or assignment would not be billed to the City. -384- This agreement shall be terminable at will by the City upon giving us thirty (30) days written notice of such termination. If the arrangement proposed herein is satisfactory, it is requested that your understanding of the above be evidenced by the 'signature of the City Manager on three copies of this letter in the place provided. Please return one copy of this letter to undersigned for our files. Sincerely yours, McCALL, PARKHURST & HORTON L.L.P. ACCEPTED this the _ day of , 2009. CITY OF CORPUS CHRISTI, TEXAS By: Angel It Escobar City Manager -385- sche1 ° jag, City of Corpus --- Christi %OWN -388-