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Agenda Packet City Council - 03/10/2009
1111=1014111./\./ 11:45 A.M. - Proclamation declaring Thursday, March 12, 2009 as "World Kidney Day and the month of March 2009 as "National Kidney Month" Proclamation declaring the month of March 2009 as "Women's History Month" Commendation Certificate to Maylene Garcia, Ray High School Wrestler State Finalist Commendation Certificates to Ray High School Girls Basketball Team, Regional Finalists Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 10, 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, habre un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Steve Bilsbury, Episcopal Church of the Good Shepherd. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummel) City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of February 10, 2009, February 17, 2009 and February 24, 2009. (Attachment # 1) Agenda Regular Council Meeting March 10, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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) CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving a supply agreement for polyethylene pipe and fittings from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0084 -09 based on low bid for an estimated annual expenditure of $200,343.50 of which $83,476.45 is required for the remainder of FY 2008 -2009. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2008 -2009. (Requires 213 Vote) (Attachment # 2) Agenda Regular Council Meeting March 10, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Secor EGW Utilities, Inc. Houston, Texas Carrollton, Texas Group No.: 1 Group No.: 2 $146,670 $53,673.50 Grand Total: $200,343.50 3. Resolution authorizing the City Manager or his designee to execute a Memorandum of Agreement with the U.S. Department of the Interior, National Park Service, to provide for the monitoring of the Gulf of Mexico beaches from the South Jetty of Packery Channel to the North boundary of Padre Island National Seashore (PINS) for turtles during sea turtle nesting season, March 15th to September 30th. (Requires 2/3 Vote) (Attachment # 3) 4.a. Ordinance authorizing the City Manager or his designee to execute a three -year lease agreement with TRT Hotel Company, LLC, with option to extend for up to two additional years, for the use of McGee Beach Concession building and 150 yards toward water area in consideration of maintaining the premises and improvements and monthly rental payment of $900, with annual increase of 5 %. (Requires 2/3 Vote) (Attachment # 4) 4.b. Ordinance appropriating $2,500 in the General Fund No. 1020 from monthly rental fees from TRT Hotel Company, LLC; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $2,500 each. (Requires 2/3 Vote) (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute an architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount of $134,000 for Heritage Park Cultural Center Historical Preservation /Restoration Project for design, bid, construction, and additional phase services. (Bond Issue 2008) (Requires 2/3 Vote) (Attachment # 5) Agenda Regular Council Meeting March 10, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion authorizing the City Manager or his designee to execute an Architectural Services Contract with JEC Architects, Inc. of Corpus Christi, Texas in an amount of $91,218 for the new Parks Operation Maintenance Facility at West Guth Park for design, bid, construction, and additional phase services. (Bond Issue 2008) (Requires 2/3 Vote) (Attachment # 6) 7. First Reading Ordinance — Revising Section 33- 75(c), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl hunting within 1,000 feet of Laguna Shores Shoreline; providing for penalties; and providing for publication. (Attachment # 7) 8. Second Reading Ordinance - Amending Section 18 -20, Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services; providing for publication. (First Reading 02/24/09) (Attachment # 8) J. PUBLIC HEARINGS: ZONING CASES: 9. Case No. 0109 -03, Andrew Selman: A change of zoning from a "B -1" Neighborhood Business District to an "1 -2" Light Industrial District resulting in a change of land use from commercial to light industrial on property described as Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet west of the Holly Road and Carroll Lane intersection. (Requires 2/3 Vote) (Attachment # 9) Staffs Recommendation: Denial of the "1 -2" Light Industrial District. Planning Commission's Recommendation: Denial of the "1 -2" Light Industrial District and in lieu thereof, approval of a "B -4" General Business District and a Special Permit subject to a site plan and four (4) conditions. Agenda Regular Council Meeting March 10, 2009 Page 5 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of Ole agenda summary) Amending the Zoning Ordinance, upon application by Andrew Salman and wife Khawla Salman, by changing the Zoning Map in reference to Carroll Place, Unit 7, Block 1, Lot 3, from "B -1" Neighborhood Business District to "B -4 /SP" General Business District with a Special Permit to allow outdoor storage of granite slabs, 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. 10. Case No. 0109 -07 B. L. Real Estate Holdings: A change of zoning from a "R -1C One - Family Dwelling District to an "A -2" Apartment House District resulting in a change of land use from single family residential to multi - family residential for a bed and breakfast inn describes as Tyler Subdivision, Block 1, Lot 11, located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road. (Requires 2/3 Vote) (Attachment # 10) Planning Commission and Staffs Recommendation: Approval of an "A -2" Apartment House District. ORDINANCE Amending the Zoning Ordinance, upon application by B. L. Real Estate Holding Company, LP, by changing the Zoning Map in reference to Tyler Subdivision, Block 1, Lot 11, from "R-1C" One - Family Dwelling District to "A -2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause, providing a penalty; and providing for publication. K. REGULAR AGENDA (NONE) L. PRESENTATIONS: (NONE) 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 Agenda Regular Council Meeting March 10, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT 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. Agenda Regular Council Meeting March 10, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Executive session under Texas Government Code Section 551.071 regarding Cause No. 08 -247, Abel Alonzo and David Ramos vs. the City of Corpus Christi, 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 80 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 Q : Q D p.m., on March 4, 2009. (1N1` ►r tto C__(n,l , -XL Armando Chapa y City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MARCH 10, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following additions to the agenda of the City Council to be considered at the above meeting: CONSENT AGENDA 6.1 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering in the amount of $1,761,525 for the Downtown Drainage Improvements Phase III-A Hughes Street Pump Station, Phase III-B Hughes Street Box Culvert and Pump Station Discharge Culvert, and Phase III-C Mesquite Street Box Culvert for the design, bid, construction, and additional phase services. (Requires 213 Vote) 6.2. Resolution in support of local option transportation funding legislation forthe 815` Legislative session. L. PRESENTATIONS: Corpus Christi Air Monitoring Study N. EXECUTIVE SESSION: 12. Executive Session under Sections 551.072 and 551.087 of the Texas Government Code regarding Landry's Seafood and Steakhouse Corpus Christi Inc. 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 Corpus Christi Marina, with possible discussion and action in open session. O. LEGISLATIVE UPDATE: • Bill Filing Update • Federal Stimulus Update • Key Committee Assignments POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~~:~ ° p.m., March 6, 2009. Armando Chapa City Secretary City Council Goals 2007 -2009 IYMNI 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 February 10, 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 City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 3:45 p.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Darrell Tomasek with Lexington Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 January 20, 2009 and January 27, 2009. 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: Building Standards Board Gregory T. Perkes (Appointed) Community Youth Development (78415) Program Steering Committee Sal Hernandez (Appointed) Angela Cantu (Appointed) C.C. Aquifer Storage and Recovery Conservation District - (Confirmation of Officers) Oscar Martinez, President Margie Rose, Vice President Fred Segundo, Secretary Library Board Michael Flores (Reappointed) Lawrence Jordan (Appointed) Dr. Stuart Elovitz (Appointed) Barbara Head (Appointed) Natalie Rogen (Appointed) —1— Minutes — Regular Council Meeting February 10, 2009 — Page 2 Transportation Advisory Committee Sheila Cudd (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 21). Several citizens requested that Item 21 be pulled for individual consideration. Council members requested that Items 9, 12, and 14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -025 Motion approving a supply agreement with Labatt Food Service, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -9 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $75,642.74. The terms of the contracts will be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 4. MOTION NO.2009 -026 Motion approving the purchase of 322,000 rounds of ammunition from GT Distributors, Inc., of Austin, Texas in accordance with Bid Invitation No. BI- 0070 -09 based on low bid for a total amount of $78,795.44. The ammunition will be used by the Police Department. Funding is available in the Police Department's operational budget and the Justice Assistance Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummell was absent. 5. MOTION NO. 2009 -027 Motion approving a service agreement with McNeilus Truck and Manufacturing Co., of Hutchins, Texas for the refurbishment of five (5) auto -reach side loader packer bodies for an estimated amount of $229,520.80. Funding is available in the operations budget of the Solid Waste Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 6.a. RESOLUTION NO. 028040 Resolution authorizing the City Manager or his designee to accept a grant of $5,900 from the Texas Department of State Health Services to perform Influenza Testing on clinical specimens submitted from hospitals and clinics throughout the service area and to execute all related documents. The foregoing resolution was passed and approved with the following vote. Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. -2- Minutes — Regular Council Meeting February 10, 2009 — Page 3 6.b. ORDINANCE NO. 028041 Ordinance appropriating a grant of $5,900 from the Texas Department of State Health Services in the No.1066 Health Grants Fund to perform Influenza Testing on clinical specimens submitted from hospitals and clinics throughout the service area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 7.a. RESOLUTION NO. 028042 Resolution authorizing the City Manager or his designee to accept a grant of $102,276 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 7.b. ORDINANCE NO. 028043 Ordinance appropriating a grant of $102,276 from the Texas Department of State Health Services in the No.1066 Health Grants Fund to provide for the elimination and control of tuberculosis. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 8.a. RESOLUTION NO. 028044 Resolution authorizing the City Manager or designee to accept a $711,038 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummell was absent. 8.b. ORDINANCE NO. 028045 Ordinance appropriating a $711,038 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 8.c. RESOLUTION NO. 028046 Resolution authorizing the City Manager or designee to accept a $254,079 grant awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. Minutes — Regular Council Meeting February 10, 2009 — Page 4 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 8.d. ORDINANCE NO. 028047 Ordinance appropriating a $254,079 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 10. ORDINANCE NO. 028061 Ordinance authorizing the City Manager or his designee to execute a lease with the Corpus AF2 Football, LLC (Corpus Christi Sharks) for the Merriman -Bobys House in Heritage Park for business operations through July 31, 2009, in consideration of monthly rental payment of $500 plus 25 percent (25 %) of merchandise sales. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 11. RESOLUTION NO. 028062 Resolution authorizing the City Manager, or his designee, to execute the Second Amendment to the contract between the Corpus Christi Business and Job Development Corporation and John Mikulencak, dba Extreme Homes Of Texas, for New Construction Homebuyers Assistance Project by extending the term of the Program Agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 13. MOTION NO. 2009 -028 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $319,380, out of a total project cost of $378,155 during the federal fiscal year October 1, 2008 through September 30, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 15.a. MOTION NO. 2009 -030 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of $549,830 for the Street Overlays Group 1 project for the following streets: [BOND ISSUE 2008] -4- Minutes — Regular Council Meeting February 10, 2009 — Page 5 • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz Street from SPID to Holly The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 15.b. MOTION NO. 2009 -031 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for the following streets: [BOND ISSUE 2008] • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 16. MOTION NO. 2009 -032 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas, in the amount of $705,242 for the Elevated Water Storage Tanks — City-Wide project for design, bid and construction phase services of three elevated water storage tanks. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 17. MOTION NO. 2009 -033 Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $211,425.10 for the Till Creek Drainage Basin (Douglas Subdivision Area) Improvements Project, Phase 2. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 18. MOTION NO. 2009 -034 Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $153,400.00 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement - 2009. -5- Minutes — Regular Council Meeting February 10, 2009 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 19. MOTION NO. 2009 -035 Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $67,314.00 for a restated not to exceed fee of $399,990 for construction and post construction phase services during construction of Disposal Cell 4B and Storm Water Pond 1 at Cefe Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 20. MOTION NO. 2009 -036 Motion authorizing the City Manager, or his designee, to execute an architectural services contract with CLK Architects & Associates, Inc. in an amount of $214,592, for the Greenwood Softball Complex Project for design, bid and construction phase services. [BOND ISSUE 2008] The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett opened discussion on Item 9 regarding sports league contracts for leasing City property. Director of Parks and Recreation Sally Gavlik, Park and Recreation Superintendent Ronnie Sepulveda, and Assistant City Attorney Lisa Aguilar were available to respond to questions. The following topics pertaining to this item were discussed: the ending term dates; whether the lessee is responsible for paying utilities; inspection of the fields; changing the ending date to 2014; discussions with the leagues regarding an extension of the lease; the leases that expire this year; termination clauses; the obligations required by the City for the fields to be ADA compliant; the number of leases; fields built on landfills; monitoring of the closed landfills by the Texas Commission on Environmental Quality (TCEQ). or the City's Environmental Department; capping of closed existing landfills; whether the properties where ball fields are placed where cleared by TCEQ or another agency; whether the City has ever received a report of any environmental problems on these fields; and if the City has alternative fields should the ball fields be placed out of service. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 028048 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Great Western Soccer League, a non - profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummell was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 7 9.b. ORDINANCE NO. 028049 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Youth Football League, a non - profit organization, for the use of Bill Witt Park for its football program to end in January 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No"; Hummell was absent. 9.c. ORDINANCE NO. 028050 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi and Coastal Bend Football League, a non - profit organization, for the use of Botsford Park for its football program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummell was absent. 9.d. ORDINANCE NO. 028051 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi Senior Softball Association, a non - profit organization, for the use of Kiwanis Park for its softball program to end in January 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Hummell was absent. 9.e. ORDINANCE NO. 028052 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with South Texas Association for Radio Controlled Automobile Racing (STARCAR), a non- profit organization, for the use of Bill Witt Park for its Radio Controlled Car program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Hummell was absent. 9.f. ORDINANCE NO. 028053 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Universal Little League, a non - profit organization, for the use of Greenwood /Horne Road Youth Sports Complex for its baseball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye; Leal voting "No "; Hummell was absent. -7- Minutes — Regular Council Meeting February 10, 2009 — Page 8 9.g. ORDINANCE NO. 028054 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Little Miss Kickball League, a non - profit organization, for the use of 4200 McArdle Road for its kickball program to end in January 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummell was absent. 9.h. ORDINANCE NO. 028055 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its baseball program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummel) was absent. 9.i. ORDINANCE NO. 028056 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Sparkling City Girls Fast Pitch League, a non - profit organization, for the use of Greenwood /Horne Road Youth Sports Complex for its softball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Hummel) was absent. 9.j. ORDINANCE NO. 028057 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with International Westside Baseball League, a non - profit organization, for the use of Greenwood /Horne Road Youth Sports Complex for its baseball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummell was absent. 9.k. ORDINANCE NO. 028058 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi United Little Miss Kickball League, a non - profit organization, for the use of Bill Witt Park for its kickball program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Hummel) was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 9 9.1. ORDINANCE NO. 028059 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Soccer League, a non - profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No"; Hummell was absent. 9.m ORDINANCE NO. 028060 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of South and North Pope Park for its soccer program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No "; Hummell was absent. Mayor Garrett opened discussion on Item 12 regarding salary increases for municipal court judges. Council Member Marez thanked Council Members McCutchon, Martinez, and Elizondo and Judge Rodolfo Tamez, Director of Human Resources Cynthia Garcia, and Assistant City Manager Oscar Martinez for working to find a solution to making the municipal court judges' salaries comparative to other cities. In response to Council Member Leal, Ms. Garcia stated that staff would provide her with the balance of the reserve fund. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028063 Ordinance to implement the following Salary Increases for the Municipal Court Judges: Presiding Judge - 2.5% effective May 25, 2009; Municipal Court Judges - 3.5% effective February 16, 2009 and 6.5% effective May 25, 2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. Mayor Garrett opened discussion on Item 14 regarding Packery Channel Improvements Phase 2 — Parking and Overlooks. Council Member McCutchon asked when Phase 1 would be complete. City Manager Escobar stated that Phase 1 of the project would be completed six (6) months after the contract is awarded. Dr. McCutchon asked questions regarding the reason that the other phases were not being proposed at this time since funding is available. City Manager Escobar said staff was waiting on the bid costs for Phase 2. Dr. McCutchon suggested including more parking areas on the south side of the jetty. In response to Dr. McCutchon, Director of Engineering Pete Anaya stated that staff delayed construction activity because there is concern that construction in the area might disturb the nesting grounds of the Kemp Ridley Sea Turtle. A brief discussion ensued regarding the hurricane season and phasing construction. Council Member Kelly asked questions regarding the projections for making tax increment financing (TIF) payments. Interim Assistant City Manager Cindy O'Brien explained that there is funding available for projects however the City needs to continue to be conservative. —9— Minutes — Regular Council Meeting February 10, 2009 — Page 10 Dr. McCutchon asked for concurrence from the Council to ask staff to bring back Phase 4 as an agenda item. There was a concurrence from the Council. Council Member Kelly asked staff to include projections that demonstrate how the City will meet the dredging /maintenance requirements and the financial requirements to lenders. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2009 -029 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $152,806 for the Packery Channel Phase 2 project for design, bid and construction phase services for the parking and overlooks at the Channel. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. Mayor Garrett opened discussion on Item 21 regarding the abandoning and vacating of an alley adjacent to and northeast of the Playa Del Rey public right -of -way. Interim Assistant City Manager for Development Services Johnny Perales explained that this item was the continuation of the second reading of the ordinance on the closure of an existing alley way on Playa Del Rey near Packery Channel Park. Mr. Perales provided a brief overview of the first reading and the original second reading in December. Mr. Perales stated that the applicants met with the neighborhood and have come up with an alternate access route to the park from the subdivision. Bryan Johnson, 14257 Playa Del Rey, said the neighborhood has been trying to work on a compromise and that three property owners purchased their property because of the access to the park. Gary McCoig, 14253 Playa Del Rey, stated that his family uses the alley way regularly and said he would like to see a larger easement with more access. Bryan Gulley, applicant, said he and Mr. Easton have been working on a compromise with the neighborhood and the only concern was the size of the alternate access. Mr. Gulley provided a description of the alternate access route. Diana Dodson, 14614 Villa Maria Isabella, said she supported access to the park for the public and expressed concern regarding the alternate access. Peggy Shirley spoke in opposition of closing the current easement but does support working on an alternative plan. Jerry Eaton, applicant, provided information on the neighborhood meeting and the compromise. Bob Johnson, 4802 Everhart, said he was not aware of the alternative plan and spoke in opposition to the closure. Shannon Gulley, property owner, spoke in support of the compromise and stated that she felt the alternative access is more secure. Patrick Crowley said he was not aware of the new proposal and would like the current alley to remain open. Al Lizukowski, 14618 Villa Maria Isabel, stated that he is granting the alternative access on his property to benefit the community. Mr. Lizukowski spoke regarding the criminal activity in the subdivision due to the current alley access. The following topics pertaining to this item were discussed: the condition of the three (3) feet surface rights with no above ground obstructions within one (1) horizontal foot of either side of the easement; the width of ADA accessible sidewalks; whether the existing and alternate alleys would be ADA compliant; the width of the proposed access; maintenance of the alternative access; security of the alternative access; traffic; the age of the subdivision; and the compromise with the neighborhood. Dr. McCutchon made a motion to add another condition to have the City erect a sign designating access to Packery Channel at the new easement on Villa Maria Isabel between Mr. Eaton and Mr. Lizukoswki's properties. The motion was seconded by Mr. Kelly. —10— Minutes — Regular Council Meeting February 10, 2009 — Page 11 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) were absent. Dr. McCutchon made a motion to accept the proposed ordinance with the amendment to add condition 6 to erect a sign designating access to Packer)/ Channel. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028064 Second Reading Ordinance - Abandoning and vacating a 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with specified conditions. (First Reading - 11/18/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) were absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Susie Luna Saldana, 4710 Hake!, asked the Council to consider the impact of the Las Brisas Plant on the health of the community and the environment. Bob Algeo, 15629 Three Fathoms Bank Drive, spoke regarding the Las Brisas Plant and the Memorial Coliseum. Yvonne San Miguel spoke regarding a bar near an elementary school near Highland Avenue and expressed concern for the children and safety of the citizens in the area. R. Medina, 5413 Cain, spoke regarding code enforcement violations at a building near his home. Mayor Garrett called a brief recess until 1:00 p.m. *** **** * * **** Mayor Garrett opened discussion on Item 22 regarding the adaptive reuse of the Memorial Coliseum. Mayor Garrett provided a background of the establishment of the Memorial Coliseum Committee and the Request for Proposal (RFP) process. Director of Economic Development Irma Caballero introduced the presentation team including Joseph Prevratil, John DeCurr, and Director of Engineering Pete Anaya. Ms. Caballero also recognized members of the Memorial Coliseum Committee in attendance. Ms. Caballero provided information on this item including a history of the committee; responses from the public; review and assessment of the surveys; consideration of an adaptive reuse of the building and mixed use development; hiring of PKF Consulting; Request for Qualifications (RFQ) and RFP issuance; the verbal presentations from NRP and Leisure Horizons to Minutes — Regular Council Meeting February 10, 2009 — Page 12 the Memorial Coliseum Committee; a review of the reference checks on Mr. Prevratil; additional background checks on Leisure Horizons; and the committee's recommendation to authorize staff to begin negotiations with Leisure Horizons. Ms. Caballero added that Leisure Horizon's proposals includes mixed use entertainment attractions; food and beverages; meeting spaces; special events; public market; exhibition space; special effects theatre; electronic, computerized games area; banquet rooms; merchandise pier; and a water identifier at the entrance to memorialize those who died in World War II and later wars. Ms. Caballero commented on the other project considerations to move the Ice Rays from the arena to the coliseum and U.S. Olympic Swimming project. Ms. Caballero reported on the costs associated with Phases! and II from Leisure Horizon's and City; the consideration of a 380 agreement; possible Hotel Occupancy Tax (HOT) agreements; and the economic impact report. Mr. Prevratil and Mr. DeCurr referred to a powerpoint presentation including the City's seven goals for the project; map of the bayfront master plan; development of another anchor in downtown; market analysis; the concept for the site; the design; core elements; another critical element; benefits to the City; diagram of the site; design of the facility; facility expansion; attraction elements; the memorial fountain facade; passport plaza /orientation center; lobby pre -show exhibition area; SFX Theater; exhibition hall; arena pavilion; ice rink; interactive gaming; food and merchandise; themed merchandise; carousel; community services; banquet and meeting rooms; first year projects; and Phase 11 considerations. The following topics pertaining to this item were discussed: estimated costs for demolition; distinguishing between current and projected new sales tax revenue; proposal to repay sales tax; an explanation of the Queen Mary project and bankruptcy; definition of a rent credit; conclusion from bankruptcy trustee Howard Ehrenberg; potential of the Regional Transportation Authority (RTA) ferry transporting from the U.S.S. Lexington to the Coliseum; the reason Mr. Prevratil selected Corpus Christi for a new venue; establishing a smaller- seated arena; the pier concept; the cruise ships; the location of the ice skating ring; the estimated number of visitors and cost annually; the 380 agreement; setup of the arena and the types of venues; and communications with SMG regarding the American Bank Center. Mr. Kelly made a motion to authorize staff to enter into negotiations with Leisure Horizons, Inc., regarding the refurbishing and adaptive reuse of the Memorial Coliseum. The motion was seconded by Ms. Martinez. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.b. MOTION NO. 2009 -037 Motion authorizing staff to enter into negotiations with Leisure Horizons, Inc. regarding the refurbishing and adaptive reuse of Memorial Coliseum. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye "; Cooper and Hummell were absent. Mayor Garrett opened discussion on Item 23 regarding the selection of bond counsel services. Interim Director of Financial Services Constance Sanchez explained that this item is a motion recommending the approval of McCall, Parkhurst & Horton, LLP as bond counsel for the City of Corpus Christi for a five year term. Ms. Sanchez introduced the presentation team including Interim Assistant City Manager Cindy O'Brien, Assistant City Attorney Lisa Aguilar, Jeff Leuschel and Noelle Valdez with McCall, Parkhurst & Horton, LLP. Ms. Sanchez provided a brief overview of Minutes — Regular Council Meeting February 10, 2009 — Page 13 the requirements to select legal counsel for issuance of public securities; the Request for Qualification process; the firms that responded to the RFQ; the formation of an evaluation committee; the evaluation process; the top three firms chosen; the committee and staffs recommendations; and staffs reasons for selecting McCall, Parkhurst & Horton, LLP. Interim Assistant City Manager O'Brien spoke regarding the history of services provided by McCall, Parkhurst & Horton, LLP. Ms. Aguilar also stated that McCall, Parkhurst & Horton, LLP has always been responsive to the needs of the City. Dr. McCutchon made a motion to select Fulbright & Jaworski, LLP to perform bond counsel services. The motion was seconded by Mr. Marez. The following topics pertaining to this item were discussed: pricing for the Packery Channel bonds; previous work history performed by McCall, Parkhurst & Horton; whether any of the firms are local; the number of employees with William T. Avila, PC; fee arrangements if the Council chose another firm; and whether fee structures were discussed during the interview process. Dr. McCutchon amended his motion to select Fulbright & Jaworski, LLP to perform bond counsel services, subject to negotiations. The amendment was accepted by Mr. Marez. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2009 -038 Motion selecting Fulbright & Jaworski, LLP to perform bond counsel services for the City of Corpus Christi, subject to negotiations. The foregoing motion was passed and approved as amended with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Kelly, and Martinez, voting "No "; Cooper was absent. Mayor Garrett opened discussion on Item 24 regarding the appointment of the financing team for the Utility System Revenue Improvement Bonds, Series, 2009. Interim Assistant City Manager Cindy O'Brien explained that staff might have to come back with this item based on the negotiations with Fulbright & Jaworski, LLP. Ms. O'Brien introduced Christopher Allison with M.E. Allison and Bob Henderson with RBC Capital Markets who were available to respond to questions. The following topics pertaining to this item were discussed: whether the bond counsel selects the financial team; use of local businesses; the reason staff recommended RBC Capital Markets; selecting banks based on ratings and history; whether there are any guidelines or formal policies in selecting firms; distribution of interest rates; if all of the banks are involved in selling the bonds; whether there have been different interest rates amongst Co- Managers or Senior Managers on previous bond issues; table of interest rates; how one entity can provide a better deal for the city than another; the book running senior; if each financial group is compensated differently and how that is determined; whether the City has used RBC Capital before; other senior managers the City has used; the reasons that Morgan Stanley and J.P. Morgan were selected in 2004 and 2005 over RBC; whether Frost Bank or Wells Fargo has been a senior manager before; if the City has not been able to sell bonds; re- pricing; terms of the Senior Manager agreement regarding the unsold balances; whether the financial circumstance of the City dictates the sale of bonds; and developing a rotation system for the financial institutions. -13- Minutes — Regular Council Meeting February 10, 2009 — Page 14 Mr. Marez made a motion the amend the staff recommendation by authorizing the appointment of M. E. Allison as Financial Advisor; Frost Bank as Senior Manager; RBC Capital Markets, Estrada Hinojosa & Company, Inc., Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co- Managers; and Fulbright & Jaworski, LLP as Bond Counsel, subject to negotiations, for City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. The motion was seconded by Mr. Elizondo. There were no comments from the audience. City Secretary Chapa polled the Council for their votes on the motion as amended as follows: 24. MOTION NO. 2009 -039 Motion authorizing the appointment of M. E. Allison as Financial Advisor; Frost Bank as Senior Manager; RBC Capital Markets, Estrada Hinojosa & Company, Inc., Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co- Managers; and Fulbright & Jaworski, LLP as Bond Counsel, subject to negotiations, for City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. The foregoing motion was passed and approved as amended with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly voting "No "; Cooper was absent. Mayor Garrett referred to Item 25 regarding a presentation on the proposed Freight Shuttle System. Gary Bushell, Gulf Coast Strategic Highway Coalition presented information including a background on the Gulf Coast Strategic Highway Coalition; connectivity between Killeen, Fort Hood, and the Port of Corpus Christi; the agreement between the Port and the Freight Shuttle Corporation; the Universal Freight Shuttle System components; and the Freight Shuttle Development Corporation. Mr. Bushell requested that the Council consider passing a resolution stating that the Council has seen the concept; that the City would like to see development continue; and request shuttle service connectivity. The following topics pertaining to this item were discussed: routes; passenger use; and whether the shuttle is manned. Ms. Martinez made a motion directing staff to bring back a resolution for consideration next week in support of the Freight Shuttle System being proposed by the Gulf Coast Strategic Highway Coalition. The motion was seconded by Mr. Kelly. 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 referred to Item 26 regarding an update on the new Broadway Wastewater Treatment Project. City Manager Escobar stated this presentation has been presented to the Hillcrest Association. Director of Engineering Services Pete Anaya introduced the presentation team including Director of Wastewater Foster Crowell; Jason Anderson and John Cutright with Carollo Engineering; Dan Leyendecker with LNV, Inc.; and City Project Manager Govind Nadkarni. Mr. Cutright referred to a powerpoint presentation including project schedule; project location; report on good neighbor features; master site plan; east elevation; and the architectural theme. —14— Minutes — Regular Council Meeting February 10, 2009 — Page 15 The following topics pertaining to this item were discussed: odor control and the expansion of the Greenwood plant. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:20 p.m. on February 10, 2009. -15- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 17, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper* Mike Hummell Bill Kelly Priscilla Leal John Marez Nelda Martinez City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 10:06 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Robert Ma!sack with First Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 1 - 6). There were no comments from the public. Council members requested that Item 3 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2009 -040 Motion approving supply agreements with the following companies for the following amounts for approximately 7,080 gas meters in accordance with Bid Invitation No. BI- 0065 -09, based on low bid meeting specifications and low bid for an estimated annual expenditure of $374,900 of which $314,500 will be expensed in FY 2008 -2009. Funds in the amount of $60,400 have been budgeted in the Gas Department operations budget and the remaining $254,100 shall be reimbursed by bond proceeds. The terms of the contracts are for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Elster American Meter Cedar Park, Texas Bid Item 1 Total: $363,300 Actaris U.S. Gas Owenton, Kentucky Bid Item 2 Total: $11,600 Grand Total: $374,900 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". —17— Minutes — Regular Council Meeting February 17, 2009 — Page 2 2. MOTION NO. 2009 -041 Motion approving a service agreement with Eddie Garza Security, of Corpus Christi, Texas, for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI- 0059 -09 based on low bid for an estimated annual expenditure of $76,650.00 of which $31,937.50 is required for the remainder of FY 2008- 2009. The term of the contract is 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 Aviation Department in FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4.a. MOTION NO. 2009 -044 Motion authorizing the City Manager or his designee to accept a grant in the amount of $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4.b. ORDINANCE NO. 028066 Ordinance appropriating $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in No. 1061 Police Grants 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 ". RESOLUTION NO. 028067 Resolution authorizing the City Manager or his designee to submit a grant application to the National Endowment for the Arts in the amount of $10,000 for the 2010 Festival of the Arts, with a City match of $10,000 in the No, 1030 Arts Grants /Projects Fund. 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 -045 Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount of $88,920, for the Museum of Science and History HVAC /Air Handling and Fire Security Repair /Replacement Project for design, bid, construction and additional phase services. (BOND ISSUE 2008) The foregoing motion was passed and agpJ'oved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutcEdrPlVlarez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting February 17, 2009 — Page 3 Mayor Garrett opened discussion on Item 3 regarding the Crime Control and Prevention District Fund. Council Member Hummell asked questions regarding the funding of the purchases; whether the City was going to outfit the new graffiti truck; and if any changes would be made during outfitting. Interim Director of Financial Services Constance Sanchez responded to the funding questions. Assistant Director of Solid Waste Lawrence Mikolajczyk stated that the outfitting would be done locally from the El Paso blueprint and would not include a soda blaster. Council Member McCutchon expressed concern regarding the hiring of a full time equivalent position and spending money to purchase an additional graffiti truck. A brief discussion ensued regarding the purchase and need of an additional truck. Dr. McCutchon made a motion to remove the purchase of the graffiti truck and the adding of a full time equivalent from Item 3. The motion died for lack of second. In response to Mayor Garrett, Acting Police Chief Mike Walsh said that staff is working on enhancing the penalties associated with graffiti violations. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 028065 Ordinance appropriating $220,749 from the Unreserved Fund Balance in No. 9010 Crime Control and Prevention District Fund for "one-time expenditures for the purchase of tasers, taser cartridges, a "graffiti truck ", and other miscellaneous equipment to be used by the Police Department; changing the FY 2008 -2009 Operating Budget adopted by Ordinance 027776 by increasing appropriations by $220,749. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon voting "No ". 3.b. MOTION NO. 2009 -042 Motion approving the purchase of 120 tasers and 1,060 taser cartridges from GT Distributors, of Austin, Texas in accordance with Bid Invitation No. BI- 0131 -09, based on sole source for a total expenditure of $145,749. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund and Prevention District Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon voting "No ". 3.c. MOTION NO. 2009 -043 Motion approving the purchase of one graffiti truck from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0075 -09, based on low bid for a total expenditure of $66,988. The equipment will be used by the Police Department. Funds are available through the Crime Control and Prevention District Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye; McCutchon voting "No ". * **** * * * * * * ** -19- Minutes — Regular Council Meeting February 17, 2009 — Page 4 Mayor Garrett referred to Item 7, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0708 -05. Anchor Harbor Mobile Home Community. L.L.C.: A change in zoning from a" 13-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park district and "T-1B" Manufactured Home Park District with a "PU D-2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park on property described as 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. (Tabled 09/09/08) City Secretary Chapa stated that the staff recommended approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and subject to a site plan and five (5) conditions. City Secretary Chapa stated that the Planning Commission recommended approval of the "T -1A" Travel Trailer Park District with a "PUD-2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD-2" Planned Unit Development -2 Tract 2 and subject to a site plan and four (4) conditions. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including background of the subject property; previous concerns by the Council regarding the landscaping plan and screening; an area location map; subject case area; 2007 aerial photograph; requirements for "6 -4 ",'PUD" conditions; views of the property; future land use map; staff recommendation; site plan; and a schematic of the landscape plan. John Bell, representative for Anchor Harbor Mobile Home Community, LLC, explained that his clients would like to build an RV park in front of the existing mobile home park. Mr. Bell stated that the large area of the lot will be used as a travel trailer park and the other side will include four (4) additional mobile homes for long term residents. Mr. Bell added that two modifications have been made to the plan including heavy landscaping and painting the fence white. The following topics pertaining to this item were discussed: the investment for landscaping; the zoning history for mobile homes within the city limits; the difference between mobile homes and travel trailers; infrastructure requirements; opposition to the zoning case; location of the property owner in opposition; and the original concern that additional mobile homes would be on SPID. Dr. McCutchon made a motion to substitute the ordinance as recommended by staff. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 028068 Amending the Zoning Ordinance, upon application by Anchor Harbor Mobile Home Community, LLC, by changing the Zoning Map in reference to 3.167 acres out of Anchor Harbor Tract No. 1, from "13-4" General By ness District to 'T -1A' Travel Trailer Park District with a "PUD-2" Planned Unit Developrnerlf- Overlay on Tract 1, resulting in a change of Minutes — Regular Council Meeting February 17, 2009 — Page 5 land use from commercial to travel trailer park, and from "B-4" General Business District to "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park; subject to a Site Plan and five (5) 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. An emergency was declared, and the foregoing ordinance was passed and approved as substituted with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "Aye "; Hummell voting "No "; Marez was absent. Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0109 -01, Arnold Brothers Properties, L.P.: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from Tight industrial uses to heavy industrial uses on 12,350 square feet out of Lot 6, Holly Industrial Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas and generally located on the east side of Ayers Street between Holly Road and SPID. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with four (4) conditions. Council Member Leal asked whether the City had opposition to an above storage tank being in close proximity to the Solid Waste fleet trucks. Fire Chief Hooks explained that the City did not oppose the above storage tank because the tank will hold heavy oil and the flammability range is low. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 028069 Amending the Zoning Ordinance, upon application by Arnold Brothers Properties, L.P., by changing the Zoning Map in reference to 12,350 square feet out of Lot 6, Holly Industrial Subdivision, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow up to seventy (70) AP1650 above ground fuel tanks, 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ". Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0109 -02, Closner /Brownstone Ventures Corpus, LLC: A change of zoning from an "1 -2" Light Industrial District to an 1 -3 H industrial District resulting in a change of land Minutes — Regular Council Meeting February 17, 2009 — Page 6 use from light industrial to heavy industrial uses on 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots generally located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan and four (4) conditions. The following topics pertaining to this item were discussed: the reason for the increasing request for above storage tanks; safety issues with storage tanks; the type of business; notice for inspection of tanks; whether owners of storage tanks are obligated to maintain any preventive maintenance on the tanks; TCEQ and City inspection of tanks and enforcement; and amending the code to require maintenance of records for inspection. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028070 Amending the Zoning Ordinance, upon application by Closner /Brownstone Ventures Corpus, LLC, by changing the Zoning Map in reference to 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline, 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ". Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1008 -01, Mark Rittqers: A change of zoning from a "B-4" General Business District to an "1 -2" Light Industrial District resulting in a change of land use from commercial to light industrial on property described as Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane. City Secretary Chapa stated that the Planning Commission denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special Permit subject to a site plan and fifteen (15) conditions, with conditions #2 and #5 being different from Staffs recommendation. City Secretary Chapa stated that staff recommended denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special permit subject to a site plan and fifteen (15) conditions, with conditions #2 and #5 being different from Planning Commission's recommendation. -22- Minutes — Regular Council Meeting February 17, 2009 — Page 7 Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an area location map; the subject case area; 2007 aerial and perspective photograph; allowable uses for "B-4" and "1-2"; views of subject property; view of existing signs on subject property; existing future land use map; the differences from staff and planning commission's recommendation; and the conditions. Ms. Goode -Macon also addressed the building code issues and environmental concerns with storm water run -off. Mark Rittgers, applicant, was available to respond to questions. Mr. Rittgers also provided letters signed by adjacent property owners acknowledging that they are aware of the special use permit application and photos of the property. The following topics pertaining to this item were discussed: the setback from the residence located behind the property; reason for staff's recommendation; indoor versus outdoor repairs; how long the applicant has been doing business outdoors as an industrial zone; whether the applicant is still doing outside work after becoming aware of the zoning violation; the type of building the applicant is planning on constructing; the reason the applicant is requesting two years; the difference between the staff and planning commission recommendations; the letter from the Storm Water Department regarding a violation of the city ordinance for car washing without an oil /grit spearator; whether the applicant is planning on installing an oil /grit separator or car washing at the property; whether there have been any complaints about the property; noise compliance issues; letters of opposition; and what would happen if the applicant has not complied within the two year period. Mayor Garrett announced that the Texas Commission on Environmental Quality (TCEQ) Las Brisas public hearing scheduled for today at City Hall will relocate at the Del Mar Center for Economic Development located at 3209 South Staples, Room 106 at 1:00 pm. Mayor Garrett called a brief recess to present proclamations and listen to public comment. * * * * ** * * * * * ** Mayor Garrett called for petitions from the audience. Jerry Garcia, 3900 Gollihar, spoke regarding code enforcement of signs; the leases with the youth sports complexes; and paperwork allowing ball fields to be built on closed landfills. Amanda Torres complained that the location of the public hearing for the Las Brisas plant located on the 6th floor of City Hall was too small and overcrowded. City Secretary Chapa stated that the 6th floor conference room was requested by TCEQ and the public hearing was not City sponsored. Carolyn Moon, 4902 Calvin, spoke regarding the small room for the public hearing. Dr. David Ryan, 1490 Leeward Drive, spoke in opposition to the Las Brisas plant and stated that the health risks are unacceptable. Barbara Tharas, 5818 Wicklow, addressed the health risk associated with the Las Brisas plant and spoke in opposition to the plant. Carrie Robertson, 4401 Gulfbreeze, complained about the meeting location and that the meeting was scheduled at the same time as the City Council meeting. Ms. Robertson asked the Council to reconsider their vote. Ann Smith, 1005 Meadowbrook, stated that the Las Brisas plant was a threat to health and the economy. James Chrobocinski, President of Beautify Corpus Christi, stated that the board voted unanimously to endorse the Las Brisas project. Mr. Chrobocinski said the project would have a significant impact on the City and would be environmental responsible. Bruce Taylor, 3370 San Antonio, provided statistics about the City being a burden to the medical community and stated that the Las Brisas plant would contribute to this burden. Roger Landers spoke regarding the funding for Las Brisas to build the plant and the permitting process. Vince Favata stated that the Clean Air Act will protect the City and that Las Brisas will build a clean plant. Sheila Cudd, 7106 Ft. Collins, spoke regarding her communications with TCEQ and addressed concerns on the location of the public hearing, the size of the room and the meeting being held at the same time as a Council meeting. John Kelly, 3621 Austin, 3621 Austin, stated that over 500 people attending the public hearing on Las Brisas plant. Mr. Kelley asked the Council to reconsider their blanket resolution supportntas Brisas. Diana Stillman, 7709 Valley View, Minutes — Regular Council Meeting February 17, 2009 — Page 8 spoke in opposition to the Las Brisas Plant and stated that the future of energy is solar wind efficiency. Bob Algeo, 15629 Three Fathoms Drive, spoke in favor of the Las Brisas plan and thanked the Council for moving forward on the Memorial Coliseum. Chuck Shamel, 152 Dustin, asked the Council to encourage Las Brisas to build a clean industry plant. Mayor Garrett called fora 10- minute break. * * * * * * * * * * * * * Mayor Garrett returned to discussion on Item 10 regarding Zoning Case No. 1008 -01, Mark Rittgers. The following topics pertaining to this item were discussed: consideration of a one -year extension; whether the applicant is currently complying with City regulations for storm water runoff; if an oil /grid separator is the same as an oil and grease trap; prevention of storm water runoff; purchasing containment barriers; monitoring; detailing work; the quote for a 50 x 50 building; whether the City inspectors could tell that the applicant performs outdoor work on his property; the number of spills; and whether the work area is caliche. Mr. Elizondo made a motion to amend conditions 3, 4, and 8 to reduce the two year period to one year. The motion was seconded by Mr. Hummell The foregoing motion failed with the following vote: Elizondo, Hummell, and McCutchon, voting "Aye "; Garrett, Leal, Kelly, and Martinez, voting "No "; Cooper and Marez were absent. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028071 Amending the Zoning Ordinance, upon application by Mark Rittgers, by changing the Zoning Map in reference to Lexington Plaza Annex A, Block 2, Lot 9 -B, from "B-4" General Business District to "B -4 /SP" General Business District with a Special Permit to allow applicant to augment the existing Auto Repair Service to include work on commercial trucks, subject to a Site Plan and fifteen (15) 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummell voting "No "; Marez was absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 11.a. Public hearing to consider amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A-Frame Signs on the sidewalks of zero -lot line buildings in the Six Points area. Director of Neighborhood Services Yvonne Haag referred to a powerpoint presentation - zoning text amendment including the proposed language; the purpose; boundaries of the Six Points Area; types of signs; examples of signs located in the downtown area; sign placement; example of sign placement; and the cooperation between the City and the Six Points Neighborhood Association. Minutes — Regular Council Meeting February 17, 2009 — Page 9 The following topics pertaining to this item were discussed: sign dimensions and the ordinance language. No one appeared in opposition to the zoning text amendment. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 11.b. FIRST READING ORDINANCE First Reading Ordinance - Revising Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line buildings in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 12 regarding the Universal Freight Shuttle Concept. City Secretary Chapa explained that this item is a resolution requested by Gary Bushell. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 028072 Resolution supporting the further development of the Universal Freight Shuttle Concept and welcoming the inclusion of the City of Corpus Christi as a link to the system. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett announced that Item 13 regarding an update on the Automated Meter Reading (AMR) Initiative Project Expansion is being rescheduled. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:38 p.m. on February 17, 2009. * * *** * * * ** *** -25- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 24, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper* Mike Hummel) Bill Kelly Priscilla Leal John Marez Nelda Martinez *Arrived at 10:17 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 Reverend Philip Douglas with Unitarian Universalist Church of Corpus Christi and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummel). City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * ** Mayor Garrett referred to Item 2 and the following board appointments were made: Clean City Advisory Committee Theresa Klein (Appointed) Leadership Committee for Senior Services Donna Cisneros (Reappointed) Dotson Lewis, Jr. (Reappointed) Theresa Swirenko (Reappointed) Michael Ramsey (Appointed) Cecilia G. Huerta (Appointed) Sheri Darveaux (Appointed) Adelfa M. Martinez (Appointed) Yaron Rabinowitz (Appointed) * ** Community Youth Development (78415) Steering Committee Katie Childs (Appointed) Rick Greenfield (Appointed) Park and Recreation Advisory Committee Carlos Haney (Appointed) Planning Commission John S. Taylor (Appointed) * * * * * * * ** Mayor Garrett referred to Item 24 regarding the 2nd Quarter FY2009 Report of the Health Benefits /Risk Management Fund. Director of Human Resources Cynthia Garcia referred to a powerpoint presentation including plan enrollment; medical and pharmacy expenses; total medical and pharmacy expenses by subscriber; cost per employee performance; cost per employee; total health plan expenses; annual budget versus 2nd quarter actuals; workers' compensation; general liability; and vehicle accidents. —27— Minutes — Regular Council Meeting February 24, 2009 — Page 2 The following topics pertaining to this item were discussed: total amount spent on pharmacy expenses; cost per employee; collections versus the percent budgeted; city and participant contributions; the amount collected without the City's contribution; whether the plans are breaking even; the third party administrative contract; and what is attributed to the lower amounts of vehicle accidents and worker compensation claims. Mayor Garrett opened discussion on Item 25 regarding an update on the Police /Fire Group Health Insurance Program. Assistant City Manager Oscar Martinez introduced presentation team members Officer Mike Staff with the Corpus Christi Police Officers Association (CCPOA) and Randy McGraw. Mr. Martinez referred to a powerpoint presentation including a history of premium increases; concerns from the Police and Fire Unions; the Council directive to meet with representatives to reach a consensus on methodology; the meeting dates; the key principles of understanding; discussion results; review of actual revenues and expenditures for all plans in the current year; net balance of revenues less expenditures; staff recommendation; and considerations. The following topics pertaining to this item were discussed: setting up meetings with the unions within the 90 day period; whether staff communicated with both union groups; when the actuary analysis is updated; an explanation of GASB 45; whether GASB 45 requires just reporting and not funding; the reason the City is considering funding GASB 45; how other municipalities are addressing GASB 45; separation of the three funds; expensing the liability for GASB 45; the impact of GASB 45 on the premiums; how the premium increases for Police and Fire were determined; the results of combining the plans; whether combining Police and Fire in Citicare would increase premiums for other City employees; the CCPOA's position on joining Citicare; when the City had to borrow money from other funds to balance the insurance fund; the disagreements with the unions with respect to the collective bargaining agreements; the equation to predicate future retiree health care costs; consideration of an irrevocable trust; and other options for GASB 45. Mayor Garrett called for a brief recess to present proclamations. Mayor Garrett called for consideration of the consent agenda (Items 2 — 17.1). Mr. Johnny French requested that Item 7 and 13 be pulled for individual consideration. Council members requested that Item 13 be pulled for individual consideration. City Secretary Chapa announced that Item 4 was being pulled by staff for amendment. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 028073 Resolution authorizing the submission of a grant application in the amount of $68,491 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $7,745, for a total grant application of $76,236, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 3.a. MOTION NO. 2009 -046 Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $47,500 from the Texas Autor9file Theft Prevention Authority (ATPA) to Minutes — Regular Council Meeting February 24, 2009 — Page 3 purchase equipment for the motor vehicle theft enforcement unit within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 3.b. ORDINANCE NO. 028074 Ordinance appropriating $47,500 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 5. MOTION NO. 2009 -047 Motion authorizing the City Manager or his designee to execute documents with Trust for Public Lands and the Coastal Bend Bays and Estuaries Program, for the purchase of 48.91 acre tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot 17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to extend the closing date of the Agreement of Sale, assign the Agreement of Sale to Coastal Bend Bays and Estuaries, and execute new Agreement of Sale with Coastal Bend Bays and Estuaries Program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marezwas absent. 6. MOTION NO. 2009 -048 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $123,584 for a revised fee of $138,584 for the Naval Air Station (NAS) Corpus Christi Effluent Reuse Force Main project for design of a new effluent force main. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marezwas absent. 8.a. MOTION NO. 2009 -050 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision, Unit 5, located south of Up River Road and east of McKenzie Road, for the upsizing of 718 - linear feet of PVC sanitary sewer collection line from 8 -inch diameter to 10 -inch diameter. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 8.b. ORDINANCE NO. 028077 Ordinance appropriating $5,390.39 from tOR No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Extreme Homes of sb6 Texas, LLC, for the upsizing of 718 - linear feet Minutes — Regular Council Meeting February 24, 2009 — Page 4 of PVC sanitary sewer collection line from 8 -inch diameter to 10 -inch diameter for the development of Maple Hills Subdivision Unit 5, 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, and Martinez, voting "Aye "; Marez was absent. 9. MOTION NO. 2009 -051 Motion approving the Street Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, located south of Up River Road and east of McKenzie Road in the amount of $18,911.40, for the upgrading of 5,587- square yards of street pavement from a Residential Collector cross section to a Neighborhood Collector cross section. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 10. ORDINANCE NO. 028078 Ordinance abandoning and vacating a 10,033.21- square foot portion of an existing utility easement out of Boat Hole Marina Lot 1, Block 1, south of the Skipper Lane public street right -of -way; requiring the owner, S & G Marina, LLC, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 11. ORDINANCE NO. 028079 Ordinance abandoning and vacating a 34,198- square foot portion of an existing utility easement out of Padre - Staples Mall, Block 1, Lot 1A and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right -of -way; requiring the owner, Corpus Christi Retail Venture, L.P., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 12.a. MOTION NO. 2009 -052 Motion approving the Sanitary Sewer Lift Station Construction and Reimbursement Agreement submitted by CNM 37, L. L.C., owner and developer of the Thirty Seven Industrial Park, located south of Interstate Highway 37 and east of Southern Minerals Road, for the upgrade of the Highway 9 Master Plan Lift Station, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. -30- Minutes — Regular Council Meeting February 24, 2009 — Page 5 12.b. ORDINANCE NO. 028080 Ordinance appropriating $121,013.22 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse CNM 37, LLC for the upgrade of Highway 9 Master Plan Lift Station, including all related appurtenances for development of Thirty Seven Industrial Park, as specified in the Sanitary Sewer Lift Station Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: 14. RESOLUTION NO. 028082 Resolution nominating Berry Contracting, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a single retained job enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution was passed and approved with the following vote. Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 15. ORDINANCE NO. 028083 Ordinance governing City elections in 2009, including appointment and compensation of election officials, voting systems, and central counting station. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 16. ORDINANCE NO. 028084 Amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs orA -Frame Signs on the sidewalks of zero -lot line building in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for penalties; and providing for publication. (First Reading — 2/17/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 17. MOTION NO. 2009 -053 Motion canceling the City Council meeting of March 17, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 17.1.a. RESOLUTION NO. 028085 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3-48- 0051 - 044_2009 in the amount of $966,213 to modify the Minutes — Regular Council Meeting February 24, 2009 — Page 6 Aircraft Rescue and Fire Fighting (ARFF) Station, Phase I at Corpus Christi International Airport and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 17.1.b. ORDINANCE NO. 028086 Ordinance appropriating $966,213 from the Federal Aviation Administration for Grant No. 3- 48- 0051 - 044 -2009 in the No. 3020 Airport Capital Improvement Fund to modify the Aircraft Rescue and Fire Fighting (ARFF) Station, Phase 1 at Corpus Christi International Airport. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 7 regarding the Packery Channel South Parking Lot restrooms. Johnny French, 4417 Carlton, asked questions regarding the parking lot and other facilities at the south Packery Jetty Park. Council Member McCutchon explained that the original plan included a parking lot south of the jetty but the Texas General Land Office stated that no more beaches would be paved. Mr. French asked whether there were additional phases beyond six (6). City Manager Escobar said there would be additional phases. Council Member Hummell asked if the parking lot could be moved further back away from the waterfront. City Manager Escobar said staff is reviewing what that work would entail and will provide that information to the Council. A brief discuss ensued regarding the parking lot. Council Member Hummell asked questions regarding the other amenities south of the jetty. City Manager Escobar stated that the other amenities including a kiosk and a restroom facility are included in the long term planning phases beyond Phase 6. Interim Assistant City Manager Cindy O'Brien explained that the other projects will be completed as funds become available. Council Member Hummell spoke regarding the restroom facilities in Phase I. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 028076 Ordinance appropriating $425,000 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for the Packery Channel Project; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $425,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Cooper and Marez were absent. 7.b. MOTION NO. 2009 -049 Motion authorizing the City Manager, or his designee, to execute a construction contract with Sal -Con, Inc. of Corpus Christi, Texas in the amount of $307,300 for Packery Channel - South Parking Lot Restrooms 2008 Phase 1 Improvements The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Cooper and Marez were absent. -32- Minutes — Regular Council Meeting February 24, 2009 — Page 7 Mayor Garrett opened discussion on Item 13 regarding the exportation of groundwater from the Nueces River Basis. John French, 4417 Carlton, spoke in support of the resolution and suggested that the resolution state that the City is opposed to the interbasin transfer of water from the Nueces River Basin by way of recharge dams. Council Member Martinez stated that the City is the last interbasin transfer from Garwood. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 028081 Resolution on exportation of groundwater from the Nueces River Basin. The foregoing resolution was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, Marez, and Marez, voting "Aye "; Cooper and Elizondo were absent. Mayor Garrett opened discussion on Item 4 regarding an appropriation in developer contributions and interest earnings. City Secretary Chapa explained that this item should be amended to change the interest earnings amount to $208,169.64. Ms. Martinez made a motion to amend the ordinance as stated. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved by the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, Marez, and Marez, voting "Aye "; Cooper and Elizondo were absent. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 028075 Ordinance appropriating $185,850.21 in developer contributions and $22,319.43 in interest earnings for a sum of $208,169.64 in the No. 4720 Community Enrichment Fund for park improvements. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, Marez, and Marez, voting "Aye; Cooper and Elizondo were absent. Mayor Garrett called for petitions from the audience. The following individuals spoke in opposition to the Las Brisas plant: M.C. Reeves; Rebecca Klingensmith, 4325 Ocean Drive; Ron Hamilton, 3636 South Alameda; Ann Smith, 1005 Meadowbrook; Barbara Tharas, 5818 Wicklow; Adriana Leiva, 5917 Rio Vista; Wilson Wakefield, 6026 Killarmet; Carolyn Moon, 4902 Calvin; Judy Loverde, 909 Driftwood Place; John Kelley, 3621 Austin; Emilie J. Olivares, 4205 Dody; Colin Sykes, 309 Aberdeen Ave.; Trudi Morris, 1002 Cairo; Judy Landress242 Montclair Drive; and Susie Luna Saldana, 4710 Hakel. Joan Veith, 5701 Cain Drive, spoke regarding the Police and Fire insurance rate increases. Jack Gordy, 4118 Bray Drive, spoke regarding the 13th Court of Appeals decision on the City Council health insurance and outside attorney fees. Wayne Hodge, 3626 Redwood, asked whether the City Charter allowed for the Memorial Coliseum to be torn down and have something rebuilt in its place. Jerry Garcia, 3900 Gollihar, spoke regarding the language in the youth sports complex leases. Bob Algeo, 15629 Three Fathoms, spoke regarding lards in front of the seawall and stated that the Council is doing the right thing by having the exp` review the environmental concerns for the Las Minutes — Regular Council Meeting February 24, 2009 — Page 8 Brisas plant. Rudy Medina, 5701 Cain, spoke regarding code enforcement violations on a property located at 5402 Holly. Abel Alonzo, 1701 Thames, urged the public to listen to the facts before making decisions on the Las Brisas plant. Council Member McCutchon requested that staff provide a list of other petcoke plants in or near a major metropolitan area. Council Member Martinez asked staff to provide a memo regarding the violations at the property located at 5402 Holly. Mayor Garrett requested a report on the results of the meeting of the Zoning Board of Adjustment regarding this property. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 28. Executive session under Texas Government Code Section 551.071 regarding Cause No. 08- 60884 -2, Steve A. Perez vs. Arnoldo Guerra and the City of Corpus Christi, in the County Court at Law Number 2, Nueces County, Texas, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 28. MOTION NO. 2009 -058 Motion authorizing the City Manager to settle Cause No. 06- 60884 -2, Steve A. Perez vs. City of Corpus Christi, in the County Court at Law Number 3, Nueces County, Texas, for the total sum of $166,000, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, and Marez, voting "Aye "; Hummell, Leal, and Martinez, were absent. Mayor Garrett returned to Item 25 regarding an update on the Police /Fire Group Health Insurance Program. The following topics pertaining to this item were discussed: whether the City has exceeded the number of claims this year; the amount of the insurance reserve fund; the financial basis for raising the firefighters' premiums and the comparison to not raising Police; if the City would have to subsidize the fire insurance if the premiums aren't raised for firefighters; the percentage contributed by the City and Fire; unfunded liabilities; the specified time for funding GASB 45; the annual required contribution; how GASB 45 liability is determined; the amount of money generated by increasing Fire 18 %; the amount of the unreserved fund; the reasons not to use the fund balance; whether there will be a corresponding 18% city contribution for the Fire 18 %; if not funding GASB 45 would have a negative impact on the bond rating; how other cities are funding GASB; whether "pay as- you -go" is considered a plan option; whether the firefighters contribution to the reserve fund can be segregated; if the firefighters have any savings to offset the premium increase; combining Police and Fire health plans; how long negotiations would take to have the unions consider joining Citicare or another option; the amount of time the City has filtered money into the reserve fund; the July 22 "d analysis by Mr. McGraw for the Fire premiums; when staff planned on implementing the 18% for Fire; how long the City has been self- insured; if an analysis has been done on the City insurance program; the number to be fully funded for GASB; the amount spent on retiree claims expenses; how much of t 18% is to make up for previous losses and how much for anticipated actuarial losses; and establihment of a committee to discuss GASB 45. Minutes — Regular Council Meeting February 24, 2009 — Page 9 Mr. Marez made a motion to direct staff to proceed with a plan that would include a 0% for Firefighters. The motion was seconded by Ms. Cooper. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, Marez, and Martinez, voting "Aye "; Hummell, Kelly, and McCutchon, voting "No" Mayor Garrett stated that a committee should be established to make recommendations recommendations on GASB 45. Mayor Garrett opened discussion on Item 18 regarding fees charged for ambulance and emergency medical services. Fire Chief Richard Hooks explained that this item is a recommendation to increase fees charged for emergency services. Chief Hooks referred to a powerpoint presentation including the focus of emergency care prior to the 1960's; events that lead to formation of EMS; early programs; the National EMS Act of 1973; EMS services today; MICU equipment; picture of simulated CPR call; goals for rapid response; rapid response procedures; fees and surveys; statewide EMS rates; cost issues; South West General Services; and recommendation. Scott Fathergill, Southwest General Services, spoke regarding the impact of the proposed rate on users. The following topics pertaining to this item were discussed: preserving the revenue earned for EMS specifically for the operating department; the phase of the billing services changes; and whether there was a decline during the change over period. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Amending Section 18 -20, Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Cooper was absent. Mayor Garrett opened discussion on Item 19 regarding the Tortuga Dunes Subdivision. City Manager Escobar announced that this item was pulled by staff. Interim Assistant City Manager of Development Services Johnny Perales stated that the item was pulled due to an inconsistency in the agreement. Council Member McCutchon as whether the delay was discussed with Forestar and Naismith Engineering. Mr. Perales said the Forestar is aware of the delay. 19. WITHDRAWN -35- Minutes — Regular Council Meeting February 24, 2009 — Page 10 Mayor Garrett opened discussion on Item 20 regarding a contract with Fulbright & Jaworski LLP to perform bond counsel. Interim Director of Financial Services Constance Sanchez explained that this item is a directive by Council to begin negotiations with Fulbright & Jaworski LLP to perform bond counsel services for a five -year term. Ms. Sanchez added that staff has worked out the details of the contract with Jeff Kuhn. Ms. Sanchez introduced Jeff Kuhn and Clay Benford with Fulbright & Jaworski, LLP. Council Member Kelly had a question on the first page of the engagement letter under the section titled, "Cooperation" dealing with City staff disclosing to bond counsel all material facts and developments relating to issues. In the event that City staff inadvertentlyfailed to disclose a material fact, Council Member Kelly wanted to know what Fulbright's stance would be. Mr. Kuhn responded that if it were a mutual mistake, both the City and Fulbright and Jaworski LLP would have to take joint responsibility and liability. Council Member Kelly then had another question on the second page of the engagement letter which dealt with matters that take less than 5 hours to resolve. The engagement letter indicated that the City would not be charged for the first 5 hours of each new matter. Mr. Kuhn stated that this was included to encourage staff to ask questions of bond counsel on new matters. Council Member Kelly wanted to know what would happen after the 5 hours were exhausted. Mr. Kuhn stated that if a matter approached 5 hours, then he would visit with City staff to determine how the hours over 5 hours will be billed: either at an hourly rate, a fixed fee basis, or charged to a third party. The other topics that were discussed pertaining to this item include a comparison of rates between Fulbright & Jaworski and McCall, Parker and Horton; the fee structure for city corporations; the number of agencies that had bond experience; the rating for Fulbright and Jaworski; and whether all of the firms were interviewed. Mr. Hummel) made a motion to amend the contract to read "To enable us effectively to perform the services contemplated, it is essential that you disclose full and accurately all material facts and keep us apprised of all developments relating to the Matter." The motion was seconded by Mr. Kelly. 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. There were no comments from the audience: City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2009 -054 Motion authorizing the City Manager to enter into a contract with Fulbright & Jaworski, LLP, to perform bond counsel services for the City of Corpus Christi. The foregoing motion was passed and approved as amended with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Cooper was absent. Mayor Garrett opened discussion on Item 21 regarding the issuance of Texas Utility System revenue Improvement Bonds, Series 2009. Interim Director of Financial Services Constance Sanchez provided an overview of this item including the market considerations; the parameters of the sale; the expiration of the authority; and the ateucture of the bonds. Minutes — Regular Council Meeting February 24, 2009 — Page 11 Ms. Sanchez introduced the presentation team including Alex Hinojosa with Frost Bank, Jeff Kuhn and Clay Bedford with Fulbright and Jaworski, and Mark Seale with M.E. Allison. The following topics pertaining to this item were discussed: the interest rate and the maturity of the bonds. Council Member McCutchon made a motion to amend the contract to decrease the maximum interest rate from 8% to 7 %. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028087 Ordinance providing for the issuance of City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009, in an aggregate principal amount not to exceed $98,000,000; establishing parameters regarding the sale of the Revenue Improvement Bonds; approving the execution of a purchase contract; and all other matters related thereto; and providing that this ordinance shall be in force and effect from and after the date of its passage. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 22 the American Bank Center (ABC). Assistant City Manager Margie Rose introduced Jerry Walkerwith Impact DataSource. Mr. Walker referred to a powerpoint presentation on the economic impact of the ABC including: a background; revenues generated by the center; jobs and salaries; taxable sales; impact on lodging; property tax paid by workers; taxes received by the City; City subsidy for operations of the center; and comparative subsidies. The following topics pertaining to this item were discussed: the purpose for performing an economic impact study; the cost of the study; the City subsidy for FY07 -08; whether convention center are always subsidized and do not make money; whether there are other expenditures that aren't included in the $3.2 million subsidy; the total funding from the City; the number of people that attend events at the center; the cost of the air conditions for the center; the number of out of town visitors; the number of indirect jobs and how that is determined; types of indirect occupations; the money spent by concert promoters and others; how the data information was received by SMG; the number of workers that live in Corpus Christi; and the estimated property taxes paid by direct and indirect workers. Assistant City Manager Rose explained that this item is a recommendation by staff to extend the existing agreement with SMG for five years, to allow the City to assign food and beverage and alcohol agreement to SMG, and at the end of year three solicit Request for Proposals (RFP) for venue managers. Ms. Rose referred to a powerpoint presentation including background information; the original RFP process; the management agreement; terms of the agreement; financial overview of the convention center and the arena; advantages and disadvantages to negotiating a new agreement; and recommendations. _37_ Minutes — Regular Council Meeting February 24, 2009 — Page 12 The following topics pertaining to this item were discussed: the allowance for uncollectible receivables; the entity that has the contract with Centerplate; the cumulative net loss for the arena; whether debt service is reflected in the financial overview; the subsidy provided by the Corpus Christi Business and Job Development Corporation (4A); the debt service annually; replacement of the chillers; the reason Centerplate is not providing the City the 39% revenue fees; if Centerplate is losing money; the MIS allocation; the total costs to operate the ABC center; SMG management fee; SMG actual expenditures; cost of salaries; whether SMG owes payments to the City and how delinquent they are; whether departments are complied to stay within budget; whether the City discussed the anticipated loss for the center in 2000; the relationship between SMG and Centerplate; the 4A board's recommendation to solicit an RFP for the arena; if the same contract is inplace for the arena and convention center; the provision to solicit proposals in the third year; monitoring the contract; what would happen to the current tenant contracts if an RFP was issued; whether the initial contract had a renewal period; other venue managers; consideration of incentives for groups that bring conventions; the length of the contract; and the timetable for finalizing a contract. Eloy Salazar, Chairperson of the 4A Board, spoke regarding the reasons the 4A Board recommended soliciting an RFP. Marc Solis and Joe Romano with SMG responded to questions regarding negotiating tenant contracts beyond the contract term with SMG. City Secretary Chapa polled the Council for their votes as follows: 22.b. MOTION NO. 2009 -055 Motion authorizing the City Manager or his designee to negotiate a five (5) year agreement with SMG to operate and manage the American Bank Center under new fees, terms, and conditions, with the negotiated agreement to include but not be limited to: (1) a term adding to SMG's duties the duty to manage all food and beverage services at the American Bank Center, including management of all alcoholic beverage services; (2) a term acknowledging that SMG shall be assigned both the Food and Beverage Services Agreement with Centerplate and the Alcohol Service Management Agreement with the Corpus Christi International Seamen's Center; (3) a term stating that, immediately following the third (3rd) year of the agreement, the City shall solicit and entertain proposals from private venue management firms to operate and manage the American Bank Center; and (4) a term giving the City the right, at any time following the third (3rd) year, to terminate the agreement, without cause, by providing nor more than ninety (90) days notice to SMG, such termination to be without the payment of any penalty, fee or premium. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 23 regarding the Automated Meter Reading (AMR) Initiative Project — Expansion Update — Year 4 of 5. Assistant Director of Financial Services Michael Barrera explained that the change orders were required for additional work for infrastructure improvements. The following topics pertaining to this item were discussed: issues where meter readings are extremely irregular; whether the City will continue to estimate bills once the system is in place; winter averaging; and how customers are aware they are receiving an estimated reading. There were no comments from the audience. City Secretary Chapa polled the Council for their vntes AS follows' Minutes — Regular Council Meeting February 24, 2009 — Page 13 23.b. MOTION NO. 2009 -056 Motion approving Amendment No. 3 to the Automated Meter Reading contract, with Northrop Grumman Information Technology, Inc., of Bohemia, New York, in the amount of $3,735.002. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget. 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. 23.c. MOTION NO. 2009 -057 Motion amending the consultant contract with RAM Technologies, Inc., of Fort Washington, PA for contract management and technical assistance of the Automated Meter Reading project, in the amount of $138,701. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget. 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 27 regarding a presentation on the Public Information Act Progress Report. Assistant City Attorney Ronnie Bounds referred to a powerpoint presentation including the amended request form; customer survey; document pre - clearance; waiver of charges; expedited responses; and future steps. The following topics pertaining to this item were discussed: redaction required for Texas Drivers License on Human Resources documents; the formal policy; and tracking system procedures. Mayor Garrett opened discussion on Item 26 regarding the newly developed phases of emergency operations for Gulf Beach. Director of Parks and Recreation Sally Gavlik explained that after the active hurricane season, a committee was developed that consisted of Fire, Police, Parks and Recreations, County representative, Surfrider Association and the Watershore and Beach Advisory Committee that reviewed the phases of emergency plans for the gulf beaches. Ms. Gavlik introduced the presentation team including Fire Chief Richard Hooks, Police CommanderJV Garcia, Special Events and Beach Superintendent Michele Thomas, and Lifeguard Supervisor Derek Herzog. Ms. Gavlik added that the phases were approved by the Watershore and Beach Advisory Committee in November 2008 and the Park and Recreation Advisory Committee in December2008. Ms. Gavlik referred to a powerpoint presentation including a background; the definition of a storm surge; Phase I —clear the beach; Phase II- closure of the access roads; Phase III- closing parking lots; Phase VI- assess damage and clean; and additional signage. The following topics pertaining to this item were discussed: the wording on the other side of the flip signs; barricades staying up for long periods of time; and allowing people to use the beaches after the storm surges have gone down. * * * * * * * * * * * ** -39- Minutes — Regular Council Meeting February 24, 2009 — Page 14 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7:21 p.m. on February 24, 2009. -40- 2 Requested Council Date: 3/10/09 Alternate Date: 3/17/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for polyethylene pipe and fittings from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0084-09 based on low bid for an estimated annual expenditure of $200,343.50 of which $83,476.45 is required for the remainder of FY 08 -09. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2008 -2009. Secor EGW Utilities, Inc. Houston, Texas Carrollton, Texas Group No.: 1 Group No.: 2 $146,670.00 $53,673.50 Grand Total: $200,343.50 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The polyethylene pipe, and fittings are used by the Gas Department for the construction of new gas lines and the maintenance of existing lines. Previous Contract: The option to extend the previous contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Twenty-Six Bids Received: Eight Price Analysis: When compared to the previous contract of fiscal year 2007, pricing has decreased approximately 5 %. Award Basis: Low Bid Funding: Gas Department 520160- 4130 -34130 Michael arrera, Assistant Director of Financial Services —43— $83,476.45 OS't4NOOL( :,YjUj UNYdD N N N N N N N N N N N- 0 00010101 447 +03 O mmmmmmmmmmm m rn m 3 m m m m m m m sO m m4 1 0 maar + +r la v vv v v v v v t i Han-Rani o 0 y Uoo 3'O NNofloS.14-05M4444 77=7777777c m m 0 m m R 7> m c O m d O ti 4 H ti 0 g m m m m 000000 0 3 .33m33� vs 3 8R'8R8S8R- a` - 3?$S3 W 00 3°0100002 m m m m^ w N 0 0 0 a a a N N = N .j -00 Rao O• x xx x -x -r88=8 - N G O N N v a n N N a N N N ' .. 00 NN N N = .. O0J OIOANN +O3 N+ N N N N N 00000010000 00 0000000 0 a 0 0 N 0 a a 0+ 0 O A 0 0 N 0 O oo°J'00 0 0 00'00 Y 0 0 a a 0 N+ 0+ N O 0+ 0 O a+ N O+ ✓ N0000NN0 410 4 00410000000 o 0000000000 A C 3'- y m 3g- a om m m o � 0 X X a NJ N oJUO+ 3 • O J a 0 - 0 o 0 00 J 1 3 9_ N ° ▪ 01 (17,1 A J+ N+ ° 0 0 Z 0 Z 0 a J+ N 0 N oJ0am001m0Oa w E 00 00 0 00 00000 0 000 0 D3 g; O = tiPp X J 011 !NJ N J m 0 • m °0 N 000- -,0 3 41 2 01 �J a 01▪ +0+N o 0 00Z0ZOLO +41 M m 04ONO001m00 W Wa a Op90 E o 0 00 0 00 O 00 00 00 00 0o ac m 5 3l a a0 a3 am K o' + 00 f../ 0 J A 0+ e m+ oo JONNC a o J 8,4 a Z J+ N+ N g 0 N N 0 J a 0+ V 0 m N- 0 0 O N co 0 4 CO th E O 0 0 0 o O O o 0 0 o vm $a 0 V0 N 1 00N ,O 00 m mf00 a Nam00 3 a_ ° N + 0 0 $r.1:-11 4 N a m m 0 m N 0 m o N 0 o o O o O o o o o o c - Ti 3k la 0 m 6 m N -'0)0) Ot 4t 41 N G1 m C1 0000000000 CO - O OJ410JJ +N - +N 0 0 a V J O 0 a J a J O 01000000000 m oom000a000 0 0000000000 v R^ 1 01 m Oa m m A y N J m 0 m J a oo t03 •+0100110 OD 0 N0mm0a +'m +a a (oojoa-lomoalo ▪ m °o +m + °0 ,mi 000-, O 0)000000000 0 0000000000 a C , . m a0 3a n MN a8 —44— N N 0 0 0 N O O J coo 000000 00 00 0 00 00 00 00 00 00 m 0 J a a a N N O O O 0010 a0 +b1 +0 0 0 0 00 0 0 00 0 0 W q+1D .b. NOagw-, V waa 001000N 0 000 0 0 0 0 0 0 o o o o 0 0 0 0 o O • C 3= m n9 m • 3 40I 4N+000 010+ 0 0 0 0 00 0 0 0 O A { 0� CO N N N O N p N J O m m 0 0 0 0 00 A O 000 000000 00 000 000000 0 0 O 0 0 0 0 0 0 n � m m0. a -Jam • N N 0 0 0 maw m0om;N H - 0001 INJNa1NONN a -'00 -0'000-' - nmm 00000w O 000 000000 0 000 000000 0 0 U1 sm 0th 0 011010000 000 000-'00 w J OO�Op NJam +N L 00) 0JN 01430 O 090 9019999 O bob 0 000 0 0 0 0 0 C m R m O pn 33. O S 0 x< 0 -1 0 l `< co (no y (D C ;" m D g S x c Z 7 d 7 10 n 0 71 O 'a* ^ co o ca o 1 O -1 m N (O 0 0 0 0)10(0000 m J 0 O J 0 0+ moo 0 0 0 0 0 0 a m • 0+UN1 NO +0m0N N 41y0 IOLNUOW 0 • 0 0 0 0 0 0 0 0 0 O 0 0 0 000 0 0 0 0 0 � C n ^. 5 o • m o E. m gm .0 0 O 0001 ON 1000 N J J 0 8 A 0 0 0 a N ONON1 ONOOON 0 4 J N m N m 0 A 0 W 00" 00000N m 000 000000 0 000 000000 ; 3= U n m 6 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 10, 2009 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute a memorandum of agreement with the U.S. Department of the Interior, National Park Service, to provide for the monitoring of the Gulf of Mexico beaches from the South Jetty of Packery Channel to the North boundary of Padre Island National Seashore (PINS) for turtles during sea turtle nesting season, March 15th to September 30th. ISSUE: In accordance with the US Army Corps of Engineers beach maintenance permit, the City of Corpus Christi is required to have turtle monitoring take place on the Gulf of Mexico beaches. The City of Corpus Christi has requested the assistance of PINS to monitor for turtles from March 15th to Sept. 30th (turtle nesting season) and the City of Corpus Christi would be billed for the costs of these services. The rates for these services are provided in the background information and are included as an exhibit in the interlocal agreement. REQUIRED COUNCIL ACTION: Council must approve intergovernmental agreements. PREVIOUS COUNCIL ACTION: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of interlocal agreement with PINS for turtle monitoring. Sally Gav Direc o Parks a / Recreation Attachments: Background Information —47— BACKGROUND INFORMATION In December 2008 the City of Corpus Christi was granted a Beach Maintenance Permit from the United States Army Corps of Engineers. The permits states that the following patrol must occur: Beginning March 15, 2009 through September 30, 2009 the City of Corpus Christi must provide a turtle patrol from 6:30am to 6:30pm. The Kemp Ridley Sea Turtle is an endangered species that nests on our local gulf beaches. Also, a turtle monitor must be present in front of all equipment operating on the beach. The turtle monitors will be patrolling the beach in All Terrain Vehicles, (ATVs). In addition, each turtle monitor will receive training from the Padre Island National Seashore (PINS). On February 25, 2009 Cynthia Rubio with PINS trained all current beach staff and certified two City Beach Managers to provide the training to all new staff employed in the future. Donna Shaver with PINS is the leading expert regarding the Kemps Ridley Sea Turtle and other turtle species in this area. The City of Corpus Christi has contracted Donna Shaver and her staff to provide the turtle monitoring from the South Jetty of Packery Channel to the National Seashore. The PINS staff will begin on March 15, 2009 and continue through September 30, 2009. —48— Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, TO PROVIDE FOR THE MONITORING OF THE GULF OF MEXICO BEACHES FROM THE SOUTH JETTY OF PACKERY CHANNEL TO THE NORTH BOUNDARY OF PADRE ISLAND NATIONAL SEASHORE (PINS) FOR TURTLES DURING SEA TURTLE NESTING SEASON, MARCH 15TH TO SEPTEMBER 30TH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute a Memorandum of Agreement with the U.S. Department of the Interior, National Park Service, Padre Island National Seashore (PINS), to provide for the monitoring of the Gulf of Mexico beaches from the South Jetty of Packery Channel to the North boundary of PINS for turtles during sea turtle nesting season, March 15th to September 30th. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: Armando Chapa City Secretary APPROVED February 27, 2009 e, Lisa Aguil Assistant i y Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor -49- 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 —50— Agreement No. (NPS) RA7492M0001 MEMORANDUM OF AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE FOR SEA TURTLE MONITORING PATROLS Article I - Background and Objectives This memorandum of agreement is entered into by and between the City of Corpus Christi (hereinafter "City") an incorporated, home -ruled municipality of the State of Texas, having its principal administrative offices at 1201 Leopard Street, Corpus Christi, Texas 78401, and the U.S. Department of the Interior, National Park Service, Intermountain Region, acting through the Division of Sea Turtle Science and Recovery of Padre Island National Seashore (hereinafter "PAIS ") having its principal administrative offices at 20301 Park Road 22, Corpus Christi, Texas 78418 (Mailing address: P.O. Box 181300, Corpus Christi, Texas, 78480). Throughout this agreement the City and PAIS may be referred to collectively as "the parties" or "the agencies." This agreement is entered into by and between the City and PAIS for the purpose of monitoring the Gulf of Mexico beaches from the south jetty of Packery Channel to the north boundary of PAIS for sea turtles and their nests during sea turtle nesting season, March 15 to September 30. The City of Corpus Christi will provide funding to PAIS to enable PAIS to conduct these activities. Article II - Authority 16 U.S.C. § lb(5) Article III - Statement of Work A. PAIS agrees to: 1. Perform daily patrols during daylight hours on the Gulf of Mexico beaches from Bob Hall pier to the northern boundary of PAIS to monitor turtles from March 15th to August 31st. 2. Perform single morning daily patrols on the Gulf of Mexico beaches from Bob Hall pier to the northern boundary of PAIS to monitor turtles from September 1st to September 30`h 3. Perform daily foot patrols from Bob Hall Pier to the South Jetty of Packery Channel to monitor turtles from March 15th to September 30th. 4. Report findings as requested by the City Director of Parks and Recreation or designee. B. The City of Corpus Christi agrees to: —51— 1 Agreement No. (NPS) RA7492M0001 1. During the time frame of March 15th to September 30th, for each year of this Agreement, City will provide funding for fuel to PAIS for utility terrain vehicles ( "UTVs ") for the turtle monitoring services described herein, with City costs not to exceed $2,000.00 per year of this agreement. 2. During the time frame of March 15th to September 30th, for each year of this Agreement, City will provide funding to PAIS for salary and benefits for staff providing the turtle monitoring services described herein with City costs not to exceed $30,860.00. 3. City will issue payment to PAIS on reimbursement basis within thirty (30) days of receipt of invoice for services provided. 4. City costs may increase by no more than 3% per year. Article IV - Term of Agreement This agreement shall be effective for a period of five years from the date of final signature, unless it is terminated earlier by one of the parties pursuant to article VIII below. This agreement shall renew each year subject to annual appropriations of each of the parties as part of the budget process. Article V - Key Officials All communications and notices regarding this agreement will be directed to the following key official(s) for each party: For the City of Corpus Christi: Director of Parks & Recreation City of Corpus Christi Mailing Address: P.O. Box 9277 Corpus Christi, Texas 78469 Physical Address: 1201 Leopard Street Corpus Christi, TX 78401 Telephone: (361) 826 -3460 Fax: (361) 826 -3864 Article VI - Award and Payment For the NPS: Superintendent Padre Island National Seashore Mailing Address: P.O. Box 181300 Corpus Christi, TX 78480 -1300 Physical Address: 20301 Park Road 22 Corpus Christi, TX 78418 Telephone: (361) 949 -8173, extension 222 Fax: (361) 949 -8286 A. City will provide payment to PAIS with costs not to exceed $32,860.00 as described in Article II. City will issue payment to PAIS on reimbursement basis within thirty (30) days of receipt of invoice of services provided. City costs may increase by no more than 3% per year. Upon termination of Agreement, PAIS will end billing to City. Article VII - Prior Approval Not applicable. —52— 2 Agreement No. (NPS) RA7492M0001 Article VIII - Reports and/or Deliverables PAIS will report findings as requested by the City Director of Parks and Recreation or designee. Article IX - Property Utilization Not applicable. Article X - Modification and Termination A. This agreement may be modified only by a written instrument executed by the parties. B. Either party may terminate this agreement by providing the other party with thirty (30) days advance written notice. Article XI - Standard Clauses A. Civil Rights During the performance of this Agreement, the participants agree to abide by the terms of USDI- Civil Rights Assurance Certification, non - discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. B. Promotions The City will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the repository represents. No release of information relating to this Agreement may state or imply that the Government approves of the City's work product, or considers the City's work product to be superior to other products or services. The NPS will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies the City, or any City employee endorsement of a product, service, or position which the repository represents. No release of information relating to this Agreement may state or imply that the City approves of PAIS's work product, or considers PAIS's work product to be superior to other products or services. C. Public Information Release City will obtain prior Government approval from the PAIS NPS Superintendent for any public information releases which refer to the Department of the Interior, any bureau, park unit, or employee (by name or title), or this Agreement. The specific text, layout, photographs, etc. of —53— 3 Agreement No. (NPS) RA7492M0001 the proposed release must be submitted with the request for approval. The NPS Superintendent will do the same before releasing any information associated with the City. D. Compliance with Laws All parties to this Agreement shall act, at all times, in compliance with all applicable City, State, and Federal laws and regulations. Article XII - Authorizing Signatures In witness hereof, the following authorized representatives of the parties have signed their names on the dates indicated, thereby executing this agreement. For City of Corpus Christi: Angel R. Escobar, City Manager, Title Date Attest By: Armando Chapa, City Secretary Date Approved as to form By: t &3-t 14x Lisa Aguilar, Assistant City Attorney For the City Attorney For National Park Service: C-Cipw ur, 2 7 2005 Date Joe E oto, Date Superintendent, Padre Island National Seashore Klan 2-/Z- ti V O �I Donna Shay Date Chief of Division of Sea Turtle Science and Recovery, Padre Island National Seashore -54- 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 10 2009 AGENDA ITEM: A. Ordinance authorizing the City Manager or designee, to execute a three year lease agreement with TRT Hotel Company, LLC, with option to extend for up to two additional years, for the use of McGee Beach Concession building and 150 yards from patio south to water area in consideration of maintaining the premises and improvements and monthly rental payment of $900, with annual increase of 5 %; providing for severance; and declaring an emergency. B. Ordinance appropriating $2,500 in the General Fund No. 1020 from monthly rental fees from TRT Hotel Company, LLC, changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $2,500 each; and declaring an emergency. ISSUE: Council is requested to approve the lease agreement, use of City property and monthly rental payment. REQUIRED COUNCIL ACTION: City Council's action is required for leases. PREVIOUS COUNCIL ACTION: City Council has approved previous leases regarding the use of City property. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Attachment: Background -57- Sally Gar , Director Parks a d Recreation Department BACKGROUND INFORMATION Privately owned and headquartered in Irving, Texas, Omni Hotels operate 39 first - class, luxury hotels and resorts throughout the United States, Canada and Mexico. The typical property is a luxury hotel with 350 -500 rooms. The company has 34 owned and /or managed properties, four franchised properties and one property under development. Through an aggressive growth strategy, Omni Hotels is steadily expanding existing properties and entering new markets across North America. The local Omni Hotels want to lease a City building and property on Shoreline Boulevard for a concession outlet on McGee Beach. This property was previously leased by Weinerschitzel but is no longer under contract. During their lease, the Omni will improve and renovate the facility. The Concession will serve Omni guests and the public enjoying McGee Beach. The Omni will provide food and beverage service as well as beach accessories. The concession will also be an amenity for events like, U.S. Wind and Water Open, volleyball tournaments, and other special events. Omni Hotels operate national sales offices in Corpus Christi, New York, Los Angeles, Chicago, Dallas /Fort Worth, Denver, Washington, D.C. and Atlanta. The Omni Hotels central reservation center, located in Omaha, Nebraska, handles more than 1.7 million calls each year. Consumer Reports rated Omni Hotels as the No. 3 luxury hotel brand in the July 2004 report. Omni Hotels was noted as a top choice for the best value. Since 2001, J.D. Power & Associates rated Omni Hotels in the top three as "Highest in Guest Satisfaction Among Upscale Hotel Chains." —58— ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A THREE YEAR LEASE AGREEMENT WITH TRT HOTEL COMPANY LLC WITH OPTION TO EXTEND FOR UP TO TWO ADDITIONAL YEARS, FOR THE USE OF MCGEE BEACH CONCESSION BUILDING AND 150 YARDS TOWARD WATER AREA IN CONSIDERATION OF MAINTAINING THE PREMISES AND IMPROVEMENTS AND MONTHLY RENTAL PAYMENT OF $900, WITH ANNUAL INCREASE OF 5 %; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a execute a three year lease agreement with TRT Hotel Company LLC with option to extend for up to two additional years, for the use of McGee Beach concession building and 150 yards from patio to water area in consideration of maintaining the premises and improvements and monthly rental payment of $900 per month, with annual increase of 5 %. A copy of the Agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2009. ATTEST: Armando Chapa City Secretary Approved: February 20, 2009 By: ki6--tAA Lisa Aguilar, A for City Attorney stant City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor —59— Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —60— STATE OF TEXAS § COUNTY OF NUECES LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TRT HOTEL COMPANY LLC KNOW ALL BY THESE PRESENTS: This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City"), acting through its duly authorized City Manager, or his designee ( "City Manager "), and TRT Hotel Company LLC, acting through its Director of Sales and Marketing. WHEREAS, the City owns the McGee Beach Concession Stand and McGee Beach, Corpus Christi, Nueces County, Texas ( "Premises "); WHEREAS, Lessee has requested the use of the Improvements on the Premises for the purpose of operating a food service operation and use of the beach area on the Premises, subject to the terms, conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1. Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Finance Director means the City's Director of Finance or the Director of Finance's designee. (F) Improvements means all improvements at the Premises, including but not limited to the McGee Beach Concession Stand and restrooms. (G) Lease means this lease document, including all attached and incorporated exhibits. (H) Lessee means TRT Hotel Company LLC dba Omni Corpus Christi Hotel. (1) Parks means the City's Park and Recreation Department. (J) Premises means Improvements and 150 yards from patio south to the water located at McGee Beach in the City. —61-- 2 (K) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2 Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to operate a snack bar, food and beverage operation, and also rent or sell beach accessories in the Premises. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. This Lease is not an exclusive right to operate a restaurant or food operation or beach accessories sales in the Marina area. Lessee may be allowed to use a mobile vending cart outside the Premises during special events, subject to approval of the Marina Superintendent. Section 3. Term and Termination. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of three (3) years, with two one -year extension options, beginning on the last to occur of: (i) January 15, 2009; or (ii) upon final Council approval. Either party may terminate this lease, with or without cause, at any time, without penalty, upon six months written notice. Section 4. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, the monthly rental fee of $900.00 (nine hundred dollars). (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. (C) The monthly rental fee is increased by 5% beginning February 1, 2010, and each February 1 thereafter, by additional 5 %. Section 6. Delinquency and Default Regarding Rental Payments. (A) Lessee is "delinquent" if the City has not received Lessee's monthly rental payment on or before 5:00 p.m. on the 10th day of the month in which payment is due. If the 10th day on the month falls on a weekend or holiday, the payment must be tendered on the first business day thereafter. (B) Lessee is in "default" for purposes of this Lease if Lessee fails or refuses to pay the amount due or provide the required statement of Gross Receipts within five (5) days after the City has sent a written notice of delinquency to Lessee. Section 7. Hours of Operation. Lessee shall determine its hours of operation. At a minimum, Lessee shall remain open from 10:00 am to sunset, seven days a week. Hours of operation may be adjusted, for scheduled seasonal activities and other special events with the prior written approval of the Director. Section 8. Utilities. (A) Lessee shall arrange for and pay for all utilities related to usage of Premises, including but not limited to water, garbage, electricity, and telephone, prior to the due date. Lessee is in "default" for purposes of -62- (8) 3 this Lease if Lessee fails to pay any utility bill(s) within five (5) days after the Lessee has received a written notice of such failure from the City. Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster at the Premises. Lessee must obtain garbage pickup no less than five (5) days a week. Lessee shall keep the Premises and the area around the Premises neat and clean. Lessee shall maintain a clean and neat operation within the Premises. Trash receptacles are to be provided by Lessee. There must be a minimum of two (2) trash receptacles, or quantity deemed necessary by the Director, to ensure proper disposal of trash on the Premises and within 100 feet of the Premises. (C) Lessee is responsible to repair and maintain the Improvements, including but not limited to maintenance and repair of concession area, kitchen, restrooms. (D) During the days that Lessee is open for business, Lessee shall clean and inspect the restrooms located on the Premises at least twice a day. Lessee shall promptly notify the Director of any malfunction of the restroom. (E) Lessee agrees to comply with the attached Exhibit B regarding Product Selection Standards. Section 9. McGee Beach Lift Station. (A) (Omni) Lessee's responsibilities: 1. Lessee shall notify the City via E -Mail at the E -Mail addresses below their schedule of events that require the McGee Beach restroom facility to be in operation. Lessee' schedule must include dates of the events with opening and closing times. The schedule shall be updated and resent via E -mail to the links below whenever event changes, additions or cancellations occur. SallyGtV cctexas.com BobC(a.cctexas.com FosterCacctexas.com Joe Tatcctexas.com MARGRETCAcctexas. com 2. Lessee shall close the main water supply valve to the restroom and restaurant facility at closing time every day of event. Lessee shall arrange for City to test water for water quality before re- opening the water facilities for scheduled events. 3. Lessee shall secure the restroom, restaurant facility, and wet well hatch of the Lift Station with combination locks provided by the Wastewater Department. Lessee will utilize some type of odor control chemical or flushing to prevent odors during periods of non -use. (B) City Wastewater Department shall: 1. Provide Lessee with three combination locks to ensure joint access to the facility for Lessee, Parks & Recreation, and Wastewater Departments. 2. Restore the Lift Station to automatic operation, and maintain the Lift Station. -63- 4 3. Monitor the Lift Station via radio telemetry during scheduled events, and for high wet well levels and power outages during time periods between scheduled events. 4. Function check the Lift Station prior to scheduled events. 5. The City Wastewater Dept. is responsible for maintenance and repairs of the force main. (The force main leaves the liftstation and goes through the Seawall past the Coliseum to a manhole.) Section 10. Maintenance. (A) Lessee shall promptly arrange for all maintenance and repairs to the Premises and Improvements, including exterior and interior of the Premises and Improvements. Lessee is responsible for all costs for maintenance and repairs. However, the City shall promptly arrange for all maintenance and repairs to the roof of the building constituting the Premises, and the RTU, and the City shall be responsible for all costs of maintaining and repairing the roof and the RTU. (B) The "RTU" is a remote terminal unit, which contains the radio and associated electronics that enable City to monitor the Lift Station for failures remotely. Section 11. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All personal property and trade fixtures furnished by or on behalf of Lessee will remain the property of the Lessee. If Lessee does not remove its personal property within thirty (30) days after the end of the Lease, Lessee shall have donated such personal property to the City for City's sole use. (C) All capital construction, such as installation of plumbing fixtures, kitchen hood system (if any) and architectural changes to the interior, will remain the property of the City. Section 12. City Use. (A) If Lessee is not using the Premises for intended purposes, then City has the right to use any or all of the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the Premises. (B) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 13. Laws Affecting Operation of Premises and Performance. (A) It is Lessee's sole responsibility to operate the Premises at all times during the term of this Lease, in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. It is —64— 5 Lessee's sole responsibility to ensure that the Improvements on the premises operate in compliance with all applicable building codes and health codes. (B) In addition, Lessee shall ensure that all sales of alcoholic beverages by Lessee are in compliance with all applicable provisions of State law pertaining to the sale of alcohol and alcoholic beverages at the Premises. (C) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements applicable to food and beverage operations. (D) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (E) Lessee shall not utilize any glass containers on the Premises or Improvements. Lessee agrees to comply with the attached exhibit regarding Product Selection Standards. Section 14. Special Events. Lessee acknowledges that City may authorize special events staged at locations adjacent to or near the Premises, which may directly impact Lessee and Lessee's employees and Lessee's customer access to the Premises. Lessee shall cooperate with the City and /or special event permittee to coordinate activities related to the special event. Lessee shall have no claim for lost revenues as a result of such City authorized special event. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 12(A), or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. The City agrees that rent shall be abated during any period of time that Lessee is required to vacate the Premises. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 17. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 18. Insurance. (A) Lessee and its contractors or subcontractors shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit, A which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Lessee is in "default" for purposes of this Lease if Lessee fails to maintain such insurance if Lessee fails to cure such failure within five (5) days of receipt of notice of such failure from the City. -65- 6 (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. (D) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. (E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 21(A), as contained herein. Section 19. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, Loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Performance by Lessee or Lessee's contractor or subcontractor pursuant to this Lease; (2) Lessee's or Lessee's contractor or subcontractor's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, contractors, subcontractors, or representatives, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, subcontractors, contractors, or representatives, pertaining to this Lease, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident, except to the extent caused by the negligence or willful misconduct of the City. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 20. Alterations. —66— (A) Lessee shall not make any repairs, alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director. Lessee must also obtain clearance from the Risk Manager. (B) All approved repairs, alterations, improvements, and additions made by the Lessee upon said Premises, although at his own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. (C) All repairs, alterations, improvements, or additions must be made in compliance with applicable Local, State, and Federal rules and regulations, including Americans with Disabilities Act. Section 21. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ( "Signs ") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. Lessee must comply with all sign ordinances and regulations prior to requesting Director's approval for sign. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 22. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Director. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City Director. Section 23. Default. (A) The following constitute Events of Default under this Lease: (i) default in the payment of rent or other payments hereunder; (ii) failure to pay utilities before the due date; (Hi) failure to maintain the Premises in good condition; (iv) abandonment of the Premises; (v) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. -67- (B) Upon the occurrence of any Event of Default, the City shall give five days notice to Lessee to cure the default. If the default remains uncured, then the Lease terminates without further action of the City. Section 24. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 25. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (I) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by deposit with an overnight express delivery service, for which service has been prepaid; or (iv) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Director of Park and Recreation Fax number: (361) 826 -3864 IF TO LESSEE: Omni Hotel 900 N. Shoreline Blvd. Attn: Corpus Christi, Texas 78401 Fax number(361) 886 -3565 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 26. Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee -68- 9 requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 29. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. City has no obligation to repair or replace the Improvements damaged or destroyed. In the event the Premises or Improvements are damaged and determined by the Parks Director in her sole discretion to be unsuitable for continued use by Lessee, this Lease shall terminate immediately upon written notice to Lessee. Section 30. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 31. Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the Premises, collect the lease payment(s) due hereunder, collect for any damages with regard to this Lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 32. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 33. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 34. Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. Section 35. Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. -69- 10 Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify`the terms or provisions hereof. Section 37. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 38. Appropriations. All of the City's obligations under this Lease are subject to annual appropriation of funds. If funds have not been appropriated through the City's annual budget process to fund the City's obligations hereunder, then this lease shall terminate upon thirty (30) days written notice to Lessee, or alternatively the City manager may execute an amendment to this lease to remove the unfunded obligation. Section 39. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically. —70— 11 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO LEGAL FORM this day of 2009. By: Lisa Aguilar Assistant City Attorney for City Attomey LESSEE: TRT HOTEL COMPANY LLC Name: M-wi ..1 (0 • Title: &„h L.. P.Ay Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on February a4 2009, byN:.a...-1 6. s,., }+•‘ R.4,y of TRT Hotel Company LLC. Potty Public, StateState of Texas c+f aIComm. Exp. 1027.11 Printed Name Commission Expires /0 -S? i— // —71— 12 EXHIBIT A INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE (A) Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. (B) Lessee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, material change, non - renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal lnjury $1,000,000 Combined Single Limit Liquor Liability Coverage $1,000,000 Combined Single Limit Vehicle Liability — owned, non -owned or rented $1,000,000 Combined single Limit Worker's Compensation Employers' Liability Which Complies with the Texas Workers' Compensation Act and Section II of this Exhibit $500,000/ $500,000 / $500,000 Property Insurance Lessee will be responsible for any and all damage to equipment used regardless if owned. Rented, leased or borrowed. (C) In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. I1. ADDITIONAL REQUIREMENTS —72— 13 (A) Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. (B) Lessee's financial integrity is of interest to the City; therefore, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). (C) The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # (D) Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. (E) Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. (F) In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and /or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. -73- 14 (G) Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractors' performance of the work covered under this agreement. (H) It is agreed that Lessee's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. (I) It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2008 Omni's McGee Beach lease agreement ins. req. 8 -7 -08 ep Risk Mgmt. -74- Exhibit B Product Selection Standards Rationale: 15 The production, use and disposal of many recreation and concession products contribute significantly to the pollution of the air, water and soil and to the destruction of natural communities of plants and animals. Educated, conscientious product selection can mean the difference between an environment safe for all living things (including people) and a planet contaminated with toxic pollutants. Standards: * The use of polystyrene products are prohibited. * All cups, bowls, plates, utensils and take -out containers must be made of starch based plastics. * A recycling bin shall be placed next to all trash cans provided by the vendor. The recycling bin shall be equal to or larger than the size of the trash bin. * Vendor shall contract with a waste management company to provide pick up and process contents of recycling bins on a regular basis. * When possible, vendor shall purchase products made of recycled material and which are recyclable. * All cleaning products and processes shall be environmentally sound. —75— Page 1 of 2 ORDINANCE APPROPRIATING $2,500 IN THE GENERAL FUND NO. 1020 FROM MONTHLY RENTAL FEES FROM TRT HOTEL COMPANY, LLC; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 TO INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 EACH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,500 is appropriated in the General Fund No. 1020 from monthly rental fees from TRT Hotel Company, LLC; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $2,500 each. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 20, 2009 Lisa Agu' ar Assistant City Attorney For City Attorney —76— Henry Garrett. Mayor Corpus Christi, Texas Day of , 2009 Page 2 of 2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —77— 5 AGENDA MEMORANDUM DATE: March 10, 2009 SUBJECT: Heritage Park Cultural Center Historical Preservation — Project No. 3389 (Bond 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount of $134,000, for the Heritage Park Cultural Center Historical Preservation /Restoration Project for design, bid, construction, and additional phase services (Bond 2008). ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. Approval of the motion is necessary to provide the architectural services to develop the bid, contract, plans, specifications and other documents required to proceed with the construction of the project. FUNDING: Funding is available from the Park and Recreation CIP Fund which will be reimbursed upon sale of proceeds approved by the 2008 Bond election. RECOMMENDATION: Staff recommends approval of the Motion as presented. Sally Gavl Director of rks and Recreation Pete Anaya, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information /Contract Summary Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map —81— H:HOME\KEV INS\ GENPARKS133S9HedtageParkPreservation2008 \AEAwdMEMO.doc AGENDA BACKGROUND SUBJECT: Heritage Park Cultural Center Historical Preservation — Project No. 3389 (Bond 2008) PROJECT DESCRIPTION: Voters in Bond Issue 2008 approved $1,500,000 dollars to renovate the Heritage Park Cultural Center. The following is a list of the major parts of the renovations that will be performed: 1. Ward - McCampbell House a. Paint Exterior b. Porch repair /deck replacement (wood- turners association) c. New railing to match existing on back of house d. Refinish Front Door e. Provide new capitols on columns (re John Wright/Ray Curran) f. Wallpaper the two North rooms. g. Replace heat pumps h. Repair /replace windows i. Install shutters j. Provide new roof; reuse existing ridge, repair gutters & downspouts 2. Jalufka - Govatos House (subject to availability of funding) 3. Merriman -Bobys House (subject to availability of funding) 4. Grande - Grossman house a. Paint exterior b. Repair woodwork incl upper sash @ north windows c. Repair /replace shutters 5. French- Galvan House a. Paint exterior b. Provide new shutters 6. Little -Martin House a. Provide new roof b. Light sand and refinish floor 7. Sidbury House a. Provide new roof; gutter repair 8. S. Julius Lichtenstein House a. Paint exterior b. New windows c. Provide new shutters d. Repoint brick piers 9. Simon Gugenheim House a. Paint exterior —82— IEXHIBIT "A" I Page 1 of 2 b. Repair windows and trim c. Provide new shutters 10. Site work a. Provide new storage building, approximately 12' x 20'. b. Provide screen fencing (approx 14' x 20') around existing electrical transformer and a/c units,. c. Install permanent electrical meter for events. d. Provide new roof and repair gutter on restroom pavilion. e. Mudjack sidewalks. f. Remove and replace sidewalks. g. Provide new sidewalk. h. Repair 1/3ifi of roof on gazebo 01, repair rotted wood and paint. i. Paint Gazebos G2 and G3. j. Gazebo G4, no work. k. Gazebo G5, no work. I. Install pavers over existing sidewalks m. Remove and Replace 100 linear feet of edge pavers. n. Remove existing dumpster fence o. Provide new curb cut, dumpster pad and fence The preliminary construction budget including contingency is $1,125,000.00. It is anticipated the project will advertise for bids during June, 2009. The project schedule calls for construction to be undertaken during the fall /winter months of 2009. ENGINEERING SERVICES CONTRACT: A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTION: • Approval of a construction contract to complete the proposed project as required. • Approval of any change orders that may be required. —83— H:IHOME\KEVINS\GEN\ PARKS\ 3399HentageParkPreservation200BWEAwdE xhAnkg Eoc EXHIBIT "A" Page 2of2 PRIOR PROJECT ACTIONS SUBJECT: Heritage Park Cultural Center Historical Preservation — Project No. 3389 (Bond 2008) PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed 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. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —84— EXHIBIT B Page 1 of 1 CONTRACT SUMMARY SCOPE OF PROJECT RFQ No. 2008 -05 Bond Issue 2008 and Other Projects Part A. Bond Issue 2008 Projects Proposition 6 Parks and Recreation, Project 52 Heritage Park Cultural Center Historical Preservation /Restoration Project # 3389 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -NE 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 Memorandum or Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of two (2) formal meeting(s) 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 discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to 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, and one (1) paper copy of the Design Memorandum, with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): • Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E will meet with City 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, potential right of way /easements, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. H:WOMElKEVINS \GEN\ PARKS\ 3369HeritageParkPreservatiort2&5 EAwdSumExhB.doc Exhibit C Page 1 of 8 • Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, 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 including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. • 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 A/E and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. • Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 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 Memorandum 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 set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, 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, 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 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 with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) copy of the interim plans (plans only- identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. H: \H OME\XE V I NS \GEN\ PARKS\ 3389HeritageParkPreservatiort 'Zb4EAwdS um Exh B, doc Exhibit C Page 2of8 • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non- standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. If required, provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant NE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) 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. n. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city vertical construction projects. If it is determined this project is subject to Municipal Public Art Program, the architect/engineer will cooperate during the design process to fulfill the requirements of the ordinance. 3. Bid Phase. The NE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. H: \HOME\KEVINS \GEN\ PARKS\ 3389HeritageParkPreservation2 801V EAwdSumExhB.doc Exhibit C Page 3of8 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 A/E'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 A/E will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. 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 required 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 as authorized by the City (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. 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. i. 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 H: \HOME(EVINS \GEN\ PARKS\ 3389HeritageParkPreservation28cS EAwdSumExhB.doc Exhibit C Page 4 of 8 provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: 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. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of License 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. A/E 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 (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 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. 4. Environmental Issues a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Construction Observation Services. Exhibit C Page 5 of 8 H:\ HOMEIKEVINSIGEMPARKS 13389HeritageParkPreservatiorR 7SEAwdSumExhB.doc Provide a project representative (PR) to provide periodic construction inspection. 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. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, 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 A/E 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. 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 inspection, 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 Samp a submittals H: \HOMEVCEV I NS\GEN\PARKS \3389HeritageParkP reservatidrriaatAEAwd Sum ExhB. doc Exhibit C Page 6 of 8 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. 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 A/E, 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 concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 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. The contract provides for all architectural services required for the completion of the project. The architect will provide the basic services required including preliminary (conceptual design /scope), design, bid and construction phase services. Additional services to be provided in the form of an allowance that will be billed based on actual costs incurred include construction observation /inspection, start up /commissioning services, and incentive rebate services. 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, construction inspection, title work, expert witness, environmental assessment, permit preparation /submittal, structural or other specialized engineering assessment, forensic analysis /investigation, etc. H: \HOMECEV INS \GEN\ PARKS\ 3389HeritageParkPreservatior290jVCEAwdSumExhB .doc Exhibit C Page 7 of 8 The fee for the project is: Fee for Basic Services 1. Preliminary Phase $ 27,000.00 2. Design Phase $ 36,000.00 3. Bid Phase $ 7,200.00 4. Construction Phase $ 19,800.00 Subtotal Basic Services Fees $ 90,000.00 Fee for Additional Services (Allowance) 1. Total Permitting 0 2. ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey (AUTHORIZED) $ 2,000.00 4. ADA Review $ 1,500.00 5. Construction Observation Services $ 38,000.00 6. As Builts $ 1,500.00 7. Warranty Phase $ 1,000.00 Sub -Total Additional Services Fees Authorized $ 44,000.00 Total Authorized Fee $ 134,000.00 The estimated cost of construction, including utilities, is $1,125,000. The estimated percentage of Basic Services Cost to Construction Cost is 8.00 %. PROPOSED PROJECT SCHEDULE Wednesday March 11, 2009 Begin Preliminary Phase Monday March 23, 2009 Begin Design Phase Friday March 27, 2009 Interim Submittal Friday April 10, 2009 City Review Friday April 24, 2009 Pre -Final Submittal Friday May 1, 2009 City Review Friday May 15, 2009 Final Submittal Monday (2) June 1 & June 8, 2009 Advertise for Bids Tue/Wed/Thu June 10, 2009 Pre -Bid Conference Wednesday June 17, 2009 Receive Bids Monday Start Begin Construction Weekday 180 Days Construction Completion H:*I OME \KEV I NS \GEN \PARKS\3389HeritagePa rkPreservatiorfl92'dcEAwd S um ExhB. d oc Exhibit C Page 8 of 8 File : \ Mproject \councilexhibits \exh3389.dwg HARBOR BRIDGE VICINITY MAP NOT TO SCALE CITY PROJECT # 3389 HERITAGE PARK CULTURAL CENTER HISTORICAL PRESERVATION (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -19 -2009 NNW IMP I■1 -93- 6 AGENDA MEMORANDUM DATE: March 10, 2009 SUBJECT: Parks Operation Maintenance Facility at West Guth Park — Project No. 3386 (Bond 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an architectural services contract with JEC Architects, Inc., of Corpus Christi, Texas in an amount of $91,218, for the new Parks Operation Maintenance Facility at West Guth Park for design, bid, construction, and additional phase services (Bond 2008). ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. Approval of the motion is necessary to provide the engineering services to develop the bid, contract, plans, specifications and other documents required to proceed with the construction of the project. FUNDING: Funding is available from the Park and Recreation CIP Fund which will be reimbursed upon sale of proceeds approved by the 2008 Bond election. RECOMMENDATION: Staff recommends approval of the Motion as presented. Sally Gavlik, Pete Anaya, P. E., Director of P rks and Recreation Director of Engineering Services Additional Support Material: Exhibit A Background Information /Contract Summary Exhibit B Prior Project Actions Exhibit C Contract Summary Exhibit D Location Map —97— H: HOME\ KEVINSIGENWARKS 13386ParkOpsMaintFac EAwdMEMO.tloc AGENDA BACKGROUND SUBJECT: Parks Operation Maintenance Facility at West Guth Park — Project No. 3386 (Bond 2008) PROJECT DESCRIPTION: Voters in Bond Issue 2008 approved $1,000,000 dollars to construct a new Parks Operation Maintenance Facility. The following is a list of the major items that will be addressed through this project. The project is designed to provide a centralized facility for Parks maintenance in the northwest part of Corpus Christi. Other existing Park maintenance facilities are located at the City Service Center, North Padre Island, and North Mesquite. The existence of maintenance facilities located geographically across the City increases efficiency of maintenance operations and decreases travel time required to maintain facilities. The architectural services are necessary to construct a decentralized Maintenance Facility for the Parks and Recreation Department located within West Guth Park at the same general location as the existing maintenance building. The existing facility located at West Guth Park is severely deteriorated, and is no longer suitable for current maintenance requirements. The existing facility at West Guth will be demolished as part of the project. The new Maintenance Facility will be comprised of two (2) separate buildings, one occupied by Offices /Shops and one building utilized for Maintenance Equipment Garage, a Vehicle Wash down area and parking for employees and maintenance vehicles and equipment. The Facility will consist of one Office /Shop Building (approximately 3600 square feet), including: • Meeting Room for 20 people (15'x30'), • two (2) Offices (mim.10'x10'), • Men's and Women's Locker Rooms, • Showers and Restrooms, a Tool Room (10'x20'), • Corridors, • Mechanical /Electrical Room. The second will consist of a Shop Area Building comprised of (3) 15'x30' working Bays. The buildings will be a pre- engineered steel structure, minimum of a 14' eave height, engineered steel reinforced concrete slab on grade, galvanized steel wall and roof panels with (3) — 10'x12' high galvanized steel overhead manual doors. Depending on the results of the design process and construction cost estimate, the buildings may be connected or combined into a single unit. The preliminary construction budget including contingency is $750,000.00. —98— EXHIBIT A Page 1 of 2 It is anticipated the project will advertise for bids during the summer of 2009. The project schedule calls for construction to be undertaken during the fall /winter months of 2009 and to be complete no later than January 2010. ENGINEERING SERVICES CONTRACT: A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTION: • Approval of a construction contract to complete the proposed project as required. • Approval of any change orders that may be required. —99— H:I HOME\ KEVINS\ GENIPARKS\ 3366PerkOpsMeinIFecIAEAwdExhABkg .doc EXHIBIT A Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Parks Operation Maintenance Facility at West Guth Park — Project No. 3386 (Bond 2008) PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed 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. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PRIOR COUNCIL ACTION: 1. November 13, 2008 - Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —100— H: \HOMEU(EVINS \GEM PARKS\ 3386ParkOpsMaintFac \AEAwdE4)BPriorActions.doc CONTRACT SUMMARY SCOPE OF PROJECT RFQ No. 2008 -05 Bond Issue 2008 and Other Projects Part A. Bond Issue 2008 Projects Proposition 6 Parks Facilities Parks Operation Maintenance Facility at West Guth Park — Project No. 3386 Voters in Bond Issue 2008 approved $1,000,000 dollars to construct a new Parks Operation Maintenance Facility. The following is a list of the major parts of the renovations that will be performed. A. Basic Services 1. Preliminary Phase. The Architect/Engineer -NE 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 with an Engineering Report which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. 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 Architect will participate in a minimum of three (3) 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 as required to satisfactorily complete the - Project. c. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Architectural Report, with executive summary, opinion of probable construction costs, and review with City staff to produce an acceptable format which contains common municipal elements. Architectural Report 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 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). —101— Exhibit C Page 1 of 7 • 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 preliminary layout sketches, identification of needed additional services, 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). • 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. • 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. d. Perform the items as shown on Exhibit "A -1" Task List. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement the Architectural Report 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 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 60% plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Required with the 60% plans is a 'Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Building Sizes • Pipe Material, etc. • Why one material is selected over another Exhibit C Page 2 of 7 —102— • Pluses of selections • Permit requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of final complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 60 %, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub- consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, . provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) 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. —103— Exhibit C Page 3 of 7 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 A/E'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 test reports. 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 as authorized by the City (coordinate with the City's construction division). g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. 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. —104— Exhibit C Page 4 of 7 i. Review construction "red -line" as built drawings, prepare record as built CADD 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. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 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 Department of License and Regulation (TDLR ) b. Windstorm Certification 2. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 3. Construction Observation Services. Provide Project Observation services including day -to -day detailed coordination with the City's staff and testing laboratory. 4. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its —105— Exhibit C Page 5 of 7 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 The contract provides for all architectural and engineering services required for the completion of the project. The architect will provide the basic services required including preliminary (conceptual design /scope), design, bid and construction phase services. Additional services to be provided in the form of an allowance that will be billed based on actual costs incurred include construction observation /inspection, start up /commissioning services, and incentive rebate services. 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, construction inspection, title work, expert witness, environmental assessment, permit preparation /submittal, structural or other specialized engineering assessment, forensic analysis /investigation, etc. The fee for the project is: Fee for Basic Services 1. Preliminary Phase $18,120.00 2. Design Phase $30,200.00 3. Bid Phase $3,020.00 4. Construction Phase $9,053.00 Subtotal Basic Services Fees $60,393.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Texas Department of License and Regulation Texas State Windstorm Certification Total Permitting 4,600.00 3,600.00 $8,200.00 2. Topographic Survey $4,300.00 3. Construction Observation Services $10,625.00 4. Start-up Services $3,200.00 5. Warranty Phase $4,500.00 Sub -Total Additional Services Fees Authorized $30,825.00 Total Authorized Fee $91,218.00 The estimated cost of construction, including utilities, is $750,000. The estimated percentage of Basic Services Cost to Construction Cost is 8.05 %. SCHEDULE PROPOSED PROJECT SCHEDULE —106— Exhibit C Page 6of7 DAY DATE ACTIVITY Monday March 10, 2009 Begin Preliminary Phase Monday March 23, 2009 Begin Design Phase Thursday May 1, 2009 60% Submittal Friday April 24, 2009 City Review ( 2 wks. ) Friday May 29, 2009 Final Submittal Monday (2) June 8, 2009 Advertise for Bids (2 wks. ) Wednesday June 10, 2009 Pre -Bid Conference Wednesday June 17, 2009 Receive Bids Monday July 20, 2009 Begin Construction Wednesday January 12, 2010 Construction Completion Exhibit C Page 7 of 7 —107— File : \ Mproject \councilexhibits \exh3386. dwg MCKENZIE PROJECT SITE West Guth Park VICINITY MAP NOT TO SCALE CITY PROJECT # 3386 EXHIBIT "D" PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -19 -2009 -108- 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: AGENDA ITEM: Ordinance revising Section 33- 75(C), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl hunting within 1,000 feet of The Laguna Shores shoreline ISSUE: Whether waterfowl hunting should be prohibited within 1,000 feet of The Laguna Shores shoreline REQUIRED COUNCIL ACTION: Adoption of an ordinance revising Section 33- 75(C), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl hunting within 1,000 feet of The Laguna Shores shoreline PREVIOUS COUNCIL ACTION: A. Section 33 -75 of the Code was amended by Ordinance 10015, on Nov. 25, 1970, to allow duck hunting in Laguna Madre. B. On November 10, 1976, the provision was amended by Ordinance 13471, making it unlawful for any person to erect a duck blind or hunt within 400 feet of the shoreline in the Laguna Madre. C. In 2000, based on complaints received from Padre Isles residents regarding the hunting of waterfowl near their homes, Council directed staff to review the City Code regarding the hunting of waterfowl within the Laguna Madre and recommend amendments to the code as deemed necessary. The current provisions were adopted by Ordinance 24286 on November 21, 2000. This ordinance expanded the areas where waterfowl hunting was allowed in light of the City's annexation of portion of Mustang Island and prohibited waterfowl hunting within 1,000 feet of residences, commercial structures (with several minor exceptions), and the JFK and Portland causeways. CONCLUSION AND RECOMMENDATION: Adopt the proposed ordinance. Attachments R. y Reining First Assist City Attorney —111— BACKGROUND INFORMATION While the City generally prohibits the discharge of weapons within the City limits or within 400 feet of the City limits in our extraterritorial jurisdiction, we do allow waterfowl hunting within the lawful seasons and during the times prescribed by any Federal and State agencies with jurisdiction over the taking of waterfowl, and subject to the rules and regulations of those agencies within Corpus Christi Bay, Nueces Bay, and the Upper Laguna Madre. The hunters need to be on the waterside of the vegetation line. However, we prohibit waterfowl hunting within one thousand (1,000) feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not including storage sheds, hunting/fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting/fishing camp or oil /gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any city, county, state, or federal park; the JFK causeway between Flour Bluff and North Padre Island, the causeway between Corpus Christi and Portland, or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits. The current ordinance resulted from a series of meetings that were held with concerned property owners, game wardens from Texas Parks and Wildlife, U.S. Fish and Wildlife, and representatives from Ducks Unlimited and Padre Island Property Owners Association regarding water fowl hunting in proximity to residences in Padre Isles. The Texas Parks and Wildlife game warden enforce the local hunting regulations adopted by Council. Recently Dr. McCutchon received a complaint from a resident of Flour Bluff, who is concerned about duck hunters discharging weapons within 500 feet of The Laguna Shores shoreline. The resident is concerned that shotgun pellets can travel more than 500 feet. He was also concerned with the safety of the residences along the Laguna Shores shoreline, the noise generated by the hunters, overly aggressive hunters, and the dead and wounded ducks. The current already prohibits hunting within 1,000 feet of the residences and businesses along Laguna Shores. The Police Department has also received complaints of conflicts between duck hunters and wind surfers along the Laguna Shores shoreline. -112- AN ORDINANCE REVISING SECTION 33- 75(C), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROHIBIT WATERFOWL HUNTING WITHIN 1,000 FEET OF THE LAGUNA SHORES SHORELINE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 33- 75(c), Code of Ordinances, is revised to read as follows: "Sec. 33 -75. Discharging firearms; waterfowl hunting. • k F • rt "(c) No waterfowl hunting is permitted within one thousand (1,000) feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not including storage sheds, hunting /fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting /fishing camp or oil /gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any city, county, state, or federal park; the JFK causeway between Flour Bluff and North Padre Island;; the U.S. Highway 181 causeway between Corpus Christi and Portland; the Laguna Shores shoreline;- or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Laguna Shore Waterfowl 03022009.DOC —113— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Armando Chapa City Secretary APPROVED: 2nd day of March, 2009: R. �afi Reining st Assists ity Attorney For City Attorney LAGUNA SHORE WATERFOWL 03022009.DOC day of -114- , 2009. Henry Garrett Mayor 2 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/27/2009 AGENDA ITEM: Ordinance amending section 18 -20, Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services; providing for severance; and providing for publication. ISSUE: The Fire Department is proposing fee increases for ambulance and emergency medical services. The last rate increase was implemented in 2004. The Corpus Christi EMS Division responds to over 32,000 requests for service per year with nine Advanced Support (ALS) Units strategically located throughout City. An analysis of current state wide rates was performed and determined that Corpus Christi is below median average in rate charges. The current state wide average for Advanced Life Support is $800.00. Corpus Christi currently charges $550.00. The rate increase will recover some of the escalating costs of proving the service and bring the Corpus Christi rate structure in -line with other services across the state. REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: The last rate increase was implemented in 2004. CONCLUSION AND RECOMMENDATION: Staff recommends increasing fees for ambulance and emergency medical services. Attachments: 1. Ordinance 2. State Wide EMS Rate Analysis 3. Power Point Presentation 'chard Hooks Chief C:\Documents and Settings\RickiUMy Documents\Agenda Items \Agendas09 +Agenda Ambulance Fees.doc —117— AN ORDINANCE AMENDING SECTION 18 -20, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, RELATING TO THE FEES CHARGED FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 18 -20 is revised to read as follows: Sec. 18 -20. Ambulance rates. "Ambulance rates for emergency medical service shall be charged as follows: "(a) Rates. —118— SERVICE OR ITEM FEE PER SERVICE OR ITEM (1) $375 -08 (a) 500;80 $800.00 EMS 911 base rate - Transport 550:00 (4) 377:09 (4) 1 51-:00 () 41.1.00 (6) 548.00 (7) 82.00 (8)a) EMS 911 base rate — No transport 414:00 125.00 (4) 146:00 ( ) = : 479:90 , = L) Adenosine 50.00 (4) Albuterol 5.00 Atro•ine 5.00 Bandage / bandaging 9.00 —118— 2 () Bedpan / urinal 2.00 u Benadryl 5.00 La) Bite stick 2.00 (10) Blanket (disposable) 7.00 (11) Bum sheet 8.00 (12) Bag Valve Mask 20.00 (13) Capnography (Caonoline) 90.00 (14) Cervical collar 21.00 (15) Cold •ack 3.00 (16) Collection bag / basin 2.00 (17) Combi / king - tube airway 90.00 (18) Defibrillation pads 40.00 (19) Dextrose 10.00 (20) Glucose test strip 2.00 (21) EKG, non 12 -lead 50.00 (22) EKG. 12 Iead 100.00 (23) Endotracheal tube 15.00 (24) Endotracheal tube holder 5.00 (25) Epinephrine (1:1000) 5.00 (26) Epinephrine (1:10000) 9.00 (27) Glucose paste 5.00 (28) Head immobilizer 10.00 (29) Hot •ack 2.00 (30) Intubation 75.00 (31) Intraosseous infusion 150.00 (32) Intravenous (IV) pad 15.00 (33) Intravenous (IV). infusion 35.00 (34) Intro•ine 10.00 (35) Lasix 10.00 (36) Lidocaine 2% 5.00 (37) Lidocaine drip 20.00 -119- 3 (38) Liquid acetaminophen 5.00 (39) Morphine 25.00 (40) Narcan 15.00 (41) Nebulizer mask 5.00 (42) Nitrosorav 5.00 (43) Normal Saline 1000 mi 20.00 (44) Normal Saline 500 ml 15.00 (45) Norma Saline 250 mi 10.00 (46) Normal Saline 100 ml 5.00 (47) Normodyne 10.00 (48) Obstetrical kit 12.00 (49) Oral airway 3.00 (50) Oxygen 35.00 (51) Oxygen mask 10.00 (52) Pitocin 5.00 (53) Pulse oximetry 50.00 (54) Sodium bicarbonate 15.00 (55) Solu -medrol 5.00 (56) Spinal immobilization 35.00 (57) Splint 30.00 (58) Suction 10.00 (59) Thiamine 7.00 (60) Valium 25.00 "(b) Supplementary charges: "(1) section. "(2)-Providing a mileage charge of nine- dollars - ($0.00) fifteen dollars ($15.00) per mile , from patient pick -up point to the hospital. —120— 4 "(3) (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, sixty dollars ($60.00). "(1) (1Providing a charge of one hundred twenty five dollars ($409:00) ($125.00) for emergency medical services provided to non - residents. "(5) L4)The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. (6)-faProviding a charge of forty -five dollars ($45.00) for additional personnel when needed to provide patient care during transport. "(c) Review of charges. The Corpus Christi EMS ambulance service rates shall be reviewed as needed to determine the need for adjustments." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. —121— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett 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 passed finally on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon APPROVED: 5th day of January 2009: risha Dang Assistant City Attomey For City Attorney day of -122- , 2009. Henry Garrett Mayor 5 600Z /6/L :Pa1uid ate0 VALIUM SUCTION THIAMINE mm tt r- ii ti 3 0 O W F V ti O Z SODIUM BICARBONATE SOLU - MEDROL PITOCIN PULSE OXIMETRY OXYGEN OXYGEN MASK OBSTETRICAL KIT ORAL AIRWAY NORMAL SALINE 100 ML NORMODYNE NORMAL SALINE 600 ML NORMAL SALINE 250 ML NITROSPRAY NORMAL SALINE 1000 ML NARCAN NEBULIZER MASK LIQUID ACETAMINOPHIN MORPHINE LIDOCAINE 2% LIDOCAINE DRIP INTROPIN LASIX INTRAVENOUS (IV) INFUSION INTRAOSSEOUS (10) INFUSION INTRAVENOUS (IV) PAD HOT PACK INTUBATION GLUCOSE PASTE HD IMMOBILIZER EPI (1:1000) EPI (1:10000) IENDOTRACHEAL TUBE ENDOTRACHEAL TUBE HOLDER' DEXTROSE GLUCOSE TEST STRIP COMBI -TUBE AIRWAY DEFIB PADS CAPNOGRAPHY CERV. COLLAR BURN SHEET BVM BITE STICK BLANKET BEDPAN/URINAL BENADRYL ATROPINE BANDAGE /BANDAGING ADENOSINE ALBUTEROL NON-RESIDENT FEE ADDITIONAL PERSONNEL CHARGE DESCRIPTION ALS BASE RATE 8 1 100.00 1 45.00 n . ON o 01 o o 1 1185.00 9.00 FORT WORTH • , • • , r , , , • . • . . . r . • • • • • • • . . • • • o o A o a0 X. 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E. ri {��5 .. c:<6 5 �I k ._k�...e µ{�- Sk'kY � .. �- ..��4�.;�r>�SS.,4 I iI PFF �1 4; {a+ rf' is ,'1 [�[r��t�k'r.°i �_�. �k ` "� t _.l^ t y ..•'..' 1 Recommended -123- EMS RATE ANALYSIS - JANUARY 2009 Z :3U;auzgoe33V :paNUd oleo B tO -124- m 0 I 40 a1 \ tit till -1 L� C/_ LL1 LL �1 0 �1 0 CU 0 lh `, ", r/- cr - 0l) ' 0 C0 .l.-.) 0 _� n L. 0 fl i� (l ) N l ail cc) } ill ` ki) -1-1 „1 � (I ) t„ _ - LLB C11 _,_, do -L ; ;, ill „ �i 1 d ) ~ -C co H t i ) L - CL 1� C U J n i/1 -, J,) L. U �� -, LL, 0 L CU L1 CU n C� :7) 0 111 n 117) ,r L1 9 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: March 10, 2009) Case No. 0109 -03 Andrew Salman: A change of zoning from a "B -1" Neighborhood Business District to an "I -2" Light Industrial District resulting in a change of land use from commercial to light industrial described as Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet west of the Holly Road and Carroll Lane intersection. Staff's Recommendation: Denial Planning Commission's Recommendation (January 21, 2009): Denial of the "I -2" Light Industrial District and in- lieu - thereof approval of a `B-4" General Business District and a Special Permit subject to a site plan and the following four (4) conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the `B -4" General Business District are retail sales of clay, stone and glass products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of the Planning Commission's Recommendation Summary: • Request: The applicant is requesting a change of zoning on 1.93 acres from a `B -1" Neighborhood Business District to an "I -2" Light Industrial District. The applicant is selling slabs of granite for kitchen counter tops, offices, etc while illegally storing the granite outside. The applicant's application is to rezone the property to allow outdoor storage which is not allowed in the `B -1" Neighborhood Business District and to bring the property into conformance. • Existing Land Uses: The subject property is used for the illegal outdoor storage of granite and the legal sale of building materials inside the structure of the granite. To the north of the property is a single family neighborhood, to the east of the property is a lot with a church and a single family home, to the south is Holly Road and a single family neighborhood and to the west of the property is a vacant lot. • Existing Zoning: The subject property is a zoned `B -1" District. The purpose of the `B -1" Neighborhood Business District is to provide sufficient space in appropriate locations for retail shopping and personal service uses to serve the needs of nearby neighborhoods. The maximum permitted residential density is 36 units per acre. Auto repair, taverns, bars, hotels, warehousing, —137— manufacturing, open storage and off -site advertising uses are among the uses which are not allowed in the `13-1" District. The `13-1" 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. • While the applicant is in violation of the Zoning Ordinance for the outdoor storage area for sale of granite, some outside retail displays are allowed in the `13-1" District, provided: • The area is within ten feet of the store front; • The area is not more than 50% of such retail sales store front area; (subject building square feet) • The outside retail sales area may not include the areas within the zoning district setback areas. • Proposed Zoning: The purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing including out door storage uses. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space, or floor area intensity factor requirement. • Zoning History: In 2005, under a different ownership, the property owner successfully rezoned the property from "A -1" Apartment House District (back half of the property) and "AB" Professional Office District (front half of the property) to a `13-1" Neighborhood Business District. At the time, the applicant indicated a desire for a restaurant with a drive through window and needed the `13-1" Neighborhood Business District. Prior to 2005, the existing 2,500 square foot building on the lot was used for a dentist office. • Zoning Code Enforcement: Chronology of Zoning Code Enforcement Actions (Attachment 12: Zoning Code Enforcement Pictures) 11 -1 -2007 Initial on site inspection, discovered outside storage of granite and miscellaneous building materials. 11 -1 -2007 Determined that Development Services had not issued any permits for the business. 11 -13 -2007 Letter notifying the owner of the outdoor storage violations. 2 -5 -2008 Re- inspection, property in violation. 2 -13 -2008 Letter notifying the owner of the outdoor storage violations. 2 -21 -2008 Re- inspection, property in violation. 3 -3 -2008 Mr. Salman called Zoning Code Enforcement to discuss the violation. Mr. Salman requested a three week extension to comply. 4 -15 -2008 Re- inspection, property in violation. 4-16 -2008 City filed charges. 5-2008 Two charges were filed for illegal land use (zoning violations): one each for 2/21/08 and 4/15/08.\ 6-2008 Pre -trial hearing was scheduled to be held; Salman appeared; judge granted an extension to 7/9/08. 7 -2008 Extension was granted until 8 /6/08, so Salman could hire an attomey. Mr. Salman's attorney worked out an agreement related to action on the criminal charges. 10 -2008 Mr. Salman was granted a deferred disposition (approved by the court) until 12/31/08 but only for the charge dated 2/21/08. (A deferred disposition is analogous to a deferred adjudication: a plea bargain; defendant pays court costs and any special expense fees; entry of guilt and conviction are deferred until a -138- future date; defendant comes back for a compliance check; if defendant complied with conditions, the charges are dismissed and cleared from Mr. Salman's criminal record.) 10 -2008 Four additional illegal land use charges were filed: one in June, one in July and two in October. While the June and July charges occurred before the deferred was granted, the October violations occurred after the deferred disposition was granted, which means Salman violated the terms of the deferred (by committing the same violation following issuance of the deferred). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "I -2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan the proposed rezoning is not consistent with policies from the Corpus Christi Policy Statements and the Southside Area Development Plan. Plat Status: The subject property is platted. Department Comments: • The prohibition against outdoor storage as part of a commercial business /retail district represents a community standard of aesthetics for commercial areas in the community. • The "I -2" District is not supported by the City's Comprehensive Plan. • The "I -2" District is not compatible with the abutting residential districts. • Approval of the "I -2" District would set a precedent for industrial land use along Holly Road. Notification: Of the twenty eight (28) notices mailed to the surrounding property owners zero (0) notices were returned in favor and two (2) (2.02 %) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favor)tble vote of a majority plus one of the City Council present and voting. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes (January 21, 2009) 3. Ordinance Johnny P ales, P.E., Interim Assistant City Manager of Development Services Senior Planner -139- CITY COUNCIL ZONING REPORT Case No.: 0109 -03 On January 7, 2009, the Planning Commission, at the owner's request tabled this item until the Planning Commission meeting January 21, 2009 in order for the staff to develop an alternative recommendation on behalf of the applicant for the Planning Commission to consider. Planning Commission Hearing Date: January 21, 2009 Applicant & Legal Description Applicant: Andrew Salman Owner: Andrew Salman and Khawla Salman Representative: Same as above Address: 3430 Holly Road Legal Description/Location: Carroll Place Unit 7, Block 1, Lot 3 Zoning Request From: `B -1" Neighborhood Business District To: "I -2" Light Industrial District Area: 1.93 Acres Purpose of Request: The applicant would like to continue to display granite slabs for sale on the side and front of his building next to Holly Road Zoning Existing Land Use Future Land Use Site "B-1" Neighborhood Business Commercial and vacant Commercial North "R-1B" One Family Dwelling District Low Density Residential Low Density Residential South "R -1B" One Family Dwelling District Low Density Residential Low Density Residential East "R -1B" One Family Dwelling District Public Semi Public (Church) Commercial West "B-4" General Business District Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for commercial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 046037 Zoning Violations: The applicant has been cited for a zoning violation for having outdoor storage. Court action has been initiated and final hearing pending. Staff's Summary: • Request: The applicant is requesting a change of zoning on 1.93 acres from a `B -1" Neighborhood Business District to an "I -2" Light Industrial District. The applicant is selling slabs of granite for —140— Zoning Report Case #: 0109 -03, Andrew Salman "B-1" to "I -2" Page 2 kitchen counter tops, offices, etc. The applicant would like to rezone the property to allow outdoor storage which is not allowed in the `B -1" Neighborhood Business District. • Existing Land Uses: The subject property is used for retail sales of granite with outdoor storage of the granite. To the north of the property is a single family neighborhood, to the east of the property is a lot with a church and a single family home, to the south is Holly Road and a single family neighborhood and to the west of the property is a vacant lot. • Existing Zoning: The subject property is zoned `B -1 ". The purpose of the "B-1" Neighborhood Business District is to provide sufficient space in appropriate locations for retail shopping and personal service uses to serve the needs of nearby neighborhoods. The maximum permitted residential density is 36 units per acre. Auto repair, taverns, bars, hotels, warehousing, manufacturing, open storage and off -site advertising uses are among the uses which are not allowed in the `B -1" District. The "B-1" 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. While the applicant is in violation of the Zoning Ordinance for the outdoor storage area for sale of granite, some outside retail displays are allowed in the `B -1" District, provided: • The area is within ten feet of the store front; • The area is not more than 50% of such retail sales store front area; _ • The outside retail sales area may not include the areas within the zoning district setback areas. • Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing including out door storage uses. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space, or floor area intensity factor requirement. • Zoning History: In 2005, under a different ownership, the property owner successfully rezoned the property from "A -1" Apartment House District (back half of the property) and "AB" Professional Office District (front half of the property) to a `B -1" Neighborhood Business District. At the time, the applicant indicated a desire for a restaurant with a drive through window and needed the "B-1" Neighborhood Business District. Prior to 2005, the existing 2,500 square foot building on the lot was used for a dentist office. • Zoning Code Enforcement: Chronology of Zoning Code Enforcement Actions (Attachment 12: Zoning Code Enforcement Pictures) 11 -1 -2007 Initial on site inspection, discovered outside storage of granite and miscellaneous building materials. 11 -1 -2007 Determined that Development Services had not issued any permits for the business. 11 -13 -2007 Letter notifying the owner of the outdoor storage violations. 2-5 -2008 Re- inspection, property in violation. 2-13 -2008 Letter notifying the owner of the outdoor storage violations. 2-21 -2008 Re- inspection, property in violation. 3 -3 -2008 Mr. Salman called Zoning Code Enforcement to discuss the violation. Mr. Salman requested a three week extension to comply. 4 -15 -2008 Re- inspection, property in violation. —141— Zoning Report Case #: 0109 -03, Andrew Salman 'B -1" to "1 -2" Page 3 4 -16 -2008 City filed charges. 5 -2008 Two charges were filed for illegal land use (zoning violations): one each for 2/21/08 and 4/15/08.\ 6 -2008 Pre -trial hearing was scheduled to be held; Salman appeared; judge granted an extension to 7/9/08. 7 -2008 Extension was granted until 8/6/08, so Salman could hire an attorney. Mr. Salman's attorney worked out an agreement related to action on the criminal charges. 10 -2008 Mr. Salman was granted a deferred disposition (approved by the court) until 12/31/08 but only for the charge dated 2/21/08. (A deferred disposition is analogous to a deferred adjudication: a plea bargain; defendant pays court costs and any special expense fees; entry of guilt and conviction are deferred until a future date; defendant comes back for a compliance check; if defendant complied with conditions, the charges are dismissed and cleared from Mr. Salman's criminal record.) 10 -2008 Four additional illegal land use charges were filed: one in June, one in July and two in October. While the June and July charges occurred before the deferred was granted, the October violations occurred after the deferred disposition was granted, which means Salman violated the terms of the deferred (by committing the same violation following issuance of the deferred). • Transportation and Circulation: The subject property has access to Holly Road. The Urban Transportation Plan designates Holly Road as a "A -1" Minor Arterial Roadway with 95 feet of right -of -way, four through lanes and a center left turn lane. Holly Road at this location is meets or exceeds the Urban Transportation Plan design standard. • Infrastructure Demand: o Water: An 8 inch water line is located next to the applicant's front property line. 0 o Wastewater: The nearest wastewater line is an 8 inch line located approximately 100 east of the applicant's rear property line. o Stormwater: The property is approximately 1,000 east of the Carroll Lane Drainage Ditch. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics show a decline from 1,953 crimes committed in 1993 to 1,483 crimes committee in 2005 or a 24% drop in the number of crimes between the two. years. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number eight (8) located at 4645 Kostoryz Road with an estimated four to five minute response time (Planning Department / Fire Department response time study). • Environmental Constraints: o FEMA Flood Zone: o Soil Type: o Wetlands: The subject property is in Flood Zone C, areas of minimal flood hazard. Type and characteristics relative to development None. —142— Zoning Report Case #: 0109 -03, Andrew Salman `B -1" to "I -2" Page 4 o Dunes: None. o Flight Zone: None. o Other: None. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 0 on a scale of 100 points. The requested rezoning relates to the Smart Growth Principle of supporting infill development where existing services are available. o Strengthen and direct development toward existing communities. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "I -2" Light 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: 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. In this area, Holly Road, an arterial, is serving a residential community. Allowing industrial uses so close to a residential area can create a number incompatible land uses. The approval of an industrial district will set a precedent along this portion of Holly Road between Weber and Kostoryz where there is no existing industrial zoning. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Currently, the City has approximately 3.56 square miles of light industrially used land. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition —143— Zoning Report Case #: 0109 -03, Andrew Salman "B -1" to "I -2" Page 5 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. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2007 Average Daily Trips "A-1", Minor Arterial 100 feet of right- of -way with four lanes and a center left turn lane 95 feet of right- of -way, same as built 17,732 Plat Status: The subject property is platted. Department Comments: • The prohibition against outdoor storage as part of a commercial business /retail district represents a community standard of aesthetics for commercial areas in the community. • The "I -2" District is not supported by the City's Comprehensive Plan. • The "I -2" District is not compatible with the abutting residential districts. • Approval of the "I -2" District would set a precedent for industrial land use along Holly Road. Staff Recommendation: Staff Recommendation: Denial of the request for an "I -2" Light Industrial District —144— Zoning Report Case #: 0109 -03, Andrew Salman'B -1" to "1-2" Page 6 Planning Commission Recommendation: Denial of the "I -2" Light Industrial District and in- lieu - thereof approval of a `B-4" General Business District and a Special Permit subject to a site plan and the following four (4) conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the 'B-4" General Business District are retail sales of clay, stone and glass products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 5 o � Number of Notices Mailed 28 — 26 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 2 (2.02 %) (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject 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. Zoning Code Enforcement Pictures 13. Site Plan —145— • CASE # 0109 - 07 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood Ex.'s: •:c as. Also available Map Scale: 1:10,000 S JBJEC7 PROPERTY LOCATION MAP City of Corpus Christi -y SUBJECT • PROPERTY er, 01/09 2009 Plepa/e0 by SRR tanent of Development _eawces CASE # 0109 -07 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR Dr nsity Res- - MDR I--ra. r: ■.i Density Res. - HDR , t' r Ile Home - MH urofi bnal Office - PO nnmerciai - COM Light Industrial - LI 1 HI 1 Heavy Industrial - Hl 1?`P Public Semi- Public - PSP Park [ GC [ Drainage Corridor - DC CP Conservation/Preservation - CP n Water Map Scale: 9:10,000 LOCATION MAP JBJECT PROPERTY City of Corpus Christi / �r s..., j" r si___ / A 7 R/ y v �\ / / c \. -, � �� . / \\ if \. / ��. �y /•P" _� f_ A J __ v 1 / .\ % / \ 7 / ., / / - /A\ 'kg N SUBJECT /PROPERTY 01/09 2009 Ptepare0 By SRR trnent of Development Seances CASE # 0109 -07 2.b. SITE- EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR d Dr nsity Res- - MDR I_••ra. ": ■.1 Density Res. - HDR Ile Home - MH nt- VAC vrofi bnal Office - PO Vnmercial - COM Light Industrial - LI 1 Hi 1 Heavy Industrial - Hl E?`P Public Semi - Public - PSP Park GC f Drainage Corridor - DC CP Conservation/Preservation - CP n Water Map Scale: 1 2.400 LOCATION MAP SUBJECT /PROPERTY City of Corpus Christi L. DR ':1 .,.� ''LIx' Zj L - - .-J ., 17-,`,7,1 / T / LDR K. Ctv ocT LOR / HI dp;: (- �� /„ ,/ 7/> .LD / r.4�� P., ��'L, DI, "r- ,.. {'fib /� %'�' 'r �n j l OM C; MATER AHO;? • SUBJECT LB � PROPERTY 10R SOF2, -r _ 'C:: sP P.SP LDR LOR cam CP WATER 01/09 2009 Prepare° By SRR [-cent of Development _exvaeep CASE # 0109 -07 3.a. NEIGHBORHOOD - FUTURE LAND USE Full Agricultural /Rural - AR +oR Touriet - TOR Estate Residential - ER i• Research/Business Park - RBP WI Low Density Res. - LDR [ La ] Light Industrial - LI Med Density Res. - Mr,R T- I Heavy Industrial - HI High Density Res. - NOR 1_ Public Seml- Public - PSP Home - MH l Park -cant - VAC f :6 Drainage Corridor - DC Tonal office pp D; edge Placement - DP :mmercial - COM j Water cttt Conse rvation /Preservation - CP Transportation Plan Prnna -oy Arterials Collectors - - - -• Ekpres ',/rays - - -_ Map Scale: 1:10,000 ParkwAy ++++� Railroad R =pi ,r LOCATION MAP JBJECT ' PROPERTY City of Corpus Christi • / -, 'LDR / 7 i' / 7-- ,,. -, . • •., ,.....,.. / )....._ -......, ' ....... , , •-.., , , -..... ; %-1 --.4---. // /—'---,-.., ,Ci..---/ ' ''--.. r/ .-----/ ' 2--- .,... -I- ( -........ , r fr --....._ . , .. -........ . r .... . r 7 / / ----...., 4 4/ ---„, . / / , . ---.... ---.. / •. -...... / / --....... --%.---"--, / / / -....... ,..,..4/ /...,.., c--... -/ / ,. , .--.. / r ---..." C...... -"-LDR r '--l> DR / / , ''... -... 1 ...„. / -........_ -... -.....„ , ''....„. -.... -..../ , .. / / .' -... / 2'-v{.. r' / . --.....„, / r' / '''- ' / --.../ , --......_ l'-'---., ,/ ''', 4 , do--c --c. 7 • . -.... ... i . -.... / . 4.,.. ---.....: --..., • i ..,., / ir.....,.„, + ,.,,„ / / -....,... --..., / • 7 / ---4, / -C. -... -....„ ---, , ----,, '----.,/ q• / '---- / , // / ---....„ A., / --..... : MDR ' / Q I , ---. , , --,. ..• p ••••,„ 1 , . / '•`. ' / '•••-.,...„. / I • • P '••'•( . I A, /•,„ / ''''',. 't ' 1 ' \ / '• I -.... i P Lerfr / '--- / i ''--....„. i SUBJECT . / .---/ ..., ,, / 7,/ / I - • / t 4 , , . ,,,...„...---"--- PROPERTY '. /, I, .."7-7/ •S / '''..... I• 7/ .,.. 7 ' ••••••••• / •' '''.1 / , •'" '''••••, ,I "‘„ / '•••,. 7 ' CI / LP? / t 71-..., t....„, / A_ / . / / , , • ,-- / / ., i C.) I '''',..., , -.... / r /,"- / N'i ' 7 44 ,,,,, i. , >1---_,.......,.. ...-< . • / / ''''----,/ 7' h / ---. 7 . 7; \ • 7' /-...„ -...,1 , .......„, ... / --/ 7 , / i , / ,.. ,,/c.' .4-:,(.'• ..1./ , / .A... . ...„ • , // , -..... .., / / . . • ^..... ,/ I ----,....... `7.,....,. / /1---......... ,. ,..... Al '''''.7`...• ,-...,..„.. ar LOR: / i",•-•• ''•••, ,,,,..„ -.. . .. . ,•-" /ri. /, ; , , y / , „ , „ WATER ; / / 1 '..". -- . • .. 1 i / .. l I LiR / 1 / i•-., '7 --..., -...,„, / ['Of) i / .."-,,,,.. il Cori? ••,. 01/09 2009 / 400 -,„, . PlepareOey SRR ‘,.. - '_ .. talent of Development Seances ■ ,.. COM p WATER CASE # 0109-07 3.b. SITE- FUTURE LAND USE fl Agricultural/Rural - AR 111.1 Tourist - TOR 1 Estate Residential - ER ;Hill Ravaarch/Buslness Park - RBP - - Low Density Res. - LOR F Lr ] Light Industrial - LI I • rsity Res. - MDR - Heavi Industrial - HI gh Density Res. - HDR Pub'', Semi-Public - PSP fie Home - MH , Park - ,cant VAC Drainage Corridor - DC ' ofi Zonal Office - PO DP Dredge Placement - DP „ an: trial - COM L .1 Water CP Conservation/Preservation - CP Transportation Plan 4J.feria's Collectors. Ex pi oss o y5 _ Parkway Railroad Map Scale: 1:2.400 SUBJECT "PROPERTV LOCATION MAP r a City of Corpus Christi <VES :T „RN 3NURE -S1 Z: F. ISO R -BLJ FFr. R BLUE F E TT„ Ny b d "q U •. e1 t51 0 VE,, ( 1 7i' is•R Po `. �� din ^Mi u`g._ . .� ._< e” dOC t,- -_:UFF & EN r; CASE # 0109 -07 4. SITE- 2007 AERIAL Refer to Mao ?'or Neighborhood E -::r! ^.:' Lez:a Use 4tso available di Sir'ELI = ^ l T LOCATION MAP SUBJECT /PROPERTY City of Corpus Christi 01/0913009 F(epa0Ed8y: SRR development Services CASE # 0109 -07 5. SUBJECT PROPERTY Subject Properly 01/0912009 PreparedBy: SRR development Services CASE # 0109 -07 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Pel Apartment House Dtirid 1 -1 Lmlled Industrial District 4IA Apar tmerlt Norse District 1-2 0E11 Industrial District A-' Apartment house Dislfet 1-3 Hearty Industrial D$r10 HE Professional Office District RI }ft Panned Unit Development AT App M cf Tourit District R- A Ore Fancily Deers g 0inthot B -1 Nelg b hoot: Bovine o 013111d R-26 One Family Daelling D>nnlct 6 1 4 AlnigThorhood Bassos> rasa int R-iC opt-Family Nell rig tvtrtct 0-2 Bra-fruit Bnnness Cantor- R-2 NItibirle Ewe l ling Distdot B-1A BeiFier Island Business District RA One Family Dw Il g District 0-3 0s slams District DE Residential Enite Disturb &: 0eneral Busman:. District R -TH: ioednouse °r✓elling District 0-3 Primary FLsilless Castro, SP Spatial Permit B-0 Primv Business Core Ointritn T-IA Tflvel Trailer Pore ORALS BD Cori US Chrisll Bosch Design Dist T -10 Manufaetmed HOWL Palk Dlsldet FR Fatal RLI al Elatint a Manufactured Home Subdivision HG Htstorlcal- Guttural Landmark Dtraidd Preservation 101 20D'Dnffer 0 Ehvnet 200 n :ed o� Ecrr Sea. the s s ny aa'e „ opuc -dn Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0109 -03 Name: Andrew Salmon Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 27 Returned undeliverable: 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 2 (3.02) % #11 (1.63 %), Roy O. Allee and Teresa Allee, 3421 Xanadu, Corpus Christi, TX 78415. Notice Comment: "Could cause property value to go down. May cause more crime and theft in the area." #22 (1.39 %), Walter H. Strobel, Jr. 3414 Crestmeadow, Corpus Christi, TX 78415. Notice Comment: "I would object to any significant increase in noise or air pollution." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners/applicants of subject area: Favor: 1 Opposition: 0 -159- IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED \I. Planning Commission\ 2009 PC\2009 Public Comments \0109- 03.doc -160- Rgon eg°odd000 Oe0RReoa °Rs�R�IRgsss Attachment 8 - • -eee- eeeeneoee seeeetfen ° 6 s iliiiiill rgrrrrgrg 666666666 111!!!!!! —161— Attachment 9 - 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 save the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking 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 ibmiture 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, meesengas, 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 pennitted 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 pennitted 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 —162— - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -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 -13", "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 -163- - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple- family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. (2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple- family dwellings. ( 4) Boarding, rooming, and lodging houses: (5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. (6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display 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) Apartrnent 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 -164- - 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) Then: 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 tither regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18 /01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B&B) inn. (Ordinance 24580, 09/11/01) Section 11-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -165- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One-fhmily 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 San. Section 5-2 Use Repletion. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or mosey for growing or prop.ption of plate trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other arrhaala, fish or other creatures to such at extent as to be objectionable to surromding residences by reason of odor, noise, or other factors, and provided no retail or wholesale busineu office or store is maintained on the premises. ( 2) Single -family dwellings other than manufactured homes. (Ordinance 22551, 02/18/97) ( 3) Churches and perish 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, occluding portable signs, which are within 100 fed of a public street for identifying any permitted educational or related athletic facility or publicizing raided educational events provided that no sign contain any commercial manage or commercial logo that exceeds 35 pecant of the total sip a Sips not within 100 fed from a public strut are permitted without restriction provided such sign does not incorporate fieseshing, moving, or intermittent BluminSon. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this peragnph for the use of collages and schools described herein shall be granted the status of a noncontbmdng 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 I, 1989; (b) that the sign is used to identify or publicize educational or related athldic 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 Miele 26-11. Nonconlbsmke Siam of this Zoning Ordinance. (5) Home occupations. ions. ( 6) Nonprofit libraries or museums, it galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public mss, playgrounds, golf courses, (except miniature golf courses, putting gams, driving ranges and similar activities operated as a business), nonprofit, nongovenmental public recreation, and community buildings. 02/08 R -IA -1 6 6- - 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 &cling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or salt 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 lbllowing parametus: (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 tic use of one letter -sized flyer box. Only one sign pa street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) axes, 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 pad For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child are homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -sheet parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent 7lunination and shall not exceed thirty (30) square feet in area for permitted public and semi- public use. (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 brattiest hone (B &B) or bed and breakfast home with special events (B&B/SE). (Ordingkx 24580, 9 /11/01) Section 5-3 Parking Rapiatioas. 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 -167- - 27 - Section 5.5 Height, Area, and Bulk Repalations. 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 u 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 arcs and yard requirements of the "R -1B" District as minimum requirements. Section 54 Supplementary height, area, and bulk regulations are contained in Article 27. R -1A -168- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20.1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for Tight manuScturing, Dbriating, warehousing and wholesale distributing in high or Tow 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 Regdstioas. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, iostltut ions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On-premise freestanding and well signs are allowed and reprinted under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are fuller regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transporption Code, Chapters 391, 392 and 393 which ordineox 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. ( Ordinmce 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, won, dust, heat, smoke, odor, give, 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 dries that manufacture, process, store, and distribute goods and materials and are generally dependent en raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. mss. Petroleum_ Coa4 and Allied Pmdk Cosmetics and toiletries Ice manufacture, including dry ice Ink wanufctehng (mixing only) Insecticides, fimgicides, disinfectants, and related industrial and household chemical compounds roiending only) Laboratories Perfumes .nd perfumed soap (compounding ng only) Phermacwmial products Seep, milling or cleaning, powder or soda (compounding only) Ciao. 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 —169— 1 -2 Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and apices, processing and packaging Condensed mod 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) Fndt std vegetable processing (including wing, preserving, drying, and freezing) GelSt;prcducts Glucose and dextrine Grain blamdiag end packaging, but not milling Ice cram, wbolesale(mmoufhcming permitted) Macron and noodle manugruure Maltpsoducty manufacture (except breweries) MSRProdtwh, packing :and-processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry pocking and slaughtering (wholesale) Veen Maws and Metal Products Agricultu ml or farm implements Aiean%and aircraft parts Aluminum extrusion, roiling, 6briation, and taming Automobile, truck nailer, motorcycle, and bicycle assembly Boat manufacture (vesseb less than five tons) Boles, mot, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, vcntibting, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spices, and staples Needle and pin Plating, electrolytic process Planing supplies Safe and vault She mend products Silverware and plated were Stove and range Tool, die, gauge, and machine shop Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and met 02/08 1 -2 -170- - 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 Paper Products Basket and harper (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 Winer (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 gauge 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 Fabgrounds Fur finishing Greenhouses, wholasle Industrial vocational training school, including internal combustion engines Kentrels Laboratories, reseeach, experimental, including combustion-type motor testing Leath r goods manufacture, but not including taming operations Laundries Livery stables and riding academy Marks; 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. 82/08 1 -2 -171- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy bad vehicles) Truck stop, with ovanight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports Wens or stadium Section 20.3 Objectionable Use. The following use, having accompanying hands, such es he 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 Adjustmc rat after public hearing as provided in Article 29. The Board shall review the plans and statues and shall not permit this use until it has been shown that the public health, safety, monde, and general welfare will be properly protected, and that necessary safeguards win 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 saw. (Ordnance No. 25334, 10/21/03) (I) The storage of explosives used for perforating or fracturing (finning) oil and gas well casing, provided that the storage has been authorized by permit based by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Replations. The parking regulations for permitted uses re 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 Ara Regalatioos. 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 stall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -LB ", "R -2", "A -1 ", "A -IA ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -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, canary, coma, dog nor perk, pen, pigeon cote, rabbit hutch, sable, or stall in the "1 -2" Light Industrial District used to house aoimais, poultry, or birds in an animal pound, commercial animal, poultry, or bird nixing establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from a0 required yard lines abutting a residential district. 1 -2 -172- (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. 02/00 1 -2 -173- _ 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: (I) Any use pemtitted in the "3-4" General Business District except one - family or two-family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. (4) Drug or pharmaceutical products manufacture. ( 5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Well 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. B-5 -174- - 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 -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 17 -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 17-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -175- B-5 - 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: ( I) Any use permitted in the "B-1" Neighborhood Business District (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. 02/08 (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 au 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) -176- B-4 - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners 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 Ares 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 -113", "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 -177- B-4 Attachment 10 Zoning Case:0109 -03, Andrew Salomon From: `B -1" Neighborhood Business to "I -2" Light 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 —178— 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 -179- Zoning Report Case #: 0109 -03, Andrew Salman'B -1" to "1-2" Page 9 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. -180- CARROLL PLACE U MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 21, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Govind Nadkarni Johnny R. Martinez Evon J. Kelly Mark Adame ABSENCES: None I. CALL TO ORDER Garza. STAFF: Johnny Perales, Interim Assistant City Manager of Development Services/ Special Services Miguel Saidana, AICP, Special Services Bob Payne, AICP, Senior City Planner Dan McGinn, Project Manager Annissa Garrett, City Planner Andrew Dimas, Planning Technician Yvette Aguilar, Assistant City Attorney Debra Brown, Assistant City Attorney Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman PUBLIC HEARING AGENDA ITEMS B. ZONING 1. Tabled Zoning b. Case No. 0109 -03 Andrew Sahnan — A change of zoning from a "B-1" Neighborhood Business District to an "I -2" Light Industrial District resulting in a change of land use from residential to commercial Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet from the Holly Road and Carroll Lane intersection Mr. Payne presented the above case via PowerPoint, stating the applicant is Andrew Salman. Mr. Payne stated the applicant is requesting a change of zoning from 'B -1" Neighborhood Business District to "I -2" Light Industrial District and staff recommends denial of the "1-2" Light Industrial District. Mr. Payne stated that Planning Commission had asked for an alternative recommendation for commission consideration. The alternative is to approve a `B-4" General Business District with a /Special Permit subject to a site plan and the following four (4) conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the `B-4" General Business District are retail sales of clay, stone and glass -188- Planning Commission Minutes January 21, 2009 Page 2 products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions Public hearing was opened. Andrew Salman, owner of the property states he is in agreement with alternative recommendation. Public hearing was closed. Motion for denial of the "1-2" Light Industrial District and in lieu thereof approval of 'B-4" General Business District with a Special Permit and four conditions as presented was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. -189- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANDREW SALMAN AND WIFE, KHAWLA SALMAN, BY CHANGING THE ZONING MAP IN REFERENCE TO CARROLL PLACE, UNIT 7, BLOCK 1, LOT 3, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -4 /SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW OUTDOOR STORAGE OF GRANITE SLABS, 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 Andrew Salman and wife, Khawla Salman, 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, January 21, 2009, during a meeting of the Planning Commission, and on Tuesday, March 10, 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 Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet west of the Holly Road and Carroll Lane intersection, from "B -1" Neighborhood Business District to "B -4 /SP" General Business District with a Special Permit to allow outdoor storage of granite slabs, subject to a site plan, attached, and four (4) conditions. (Zoning Map 046037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: A. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the "B -4" General Business District are retail sales of clay, stone and glass products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. H: \ LEG -DI R \Shared \LEGAL -DE V. S VCS\2009 Agenda \3- 10 \ORD- zoning- 0109- 03- AndrewSa Iman- Carroll Place -B -1- Special permit.doc —190— Page 2 of 4 B. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. C. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. D. Time Limit This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. 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 10th day of March, 2009. H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda \3- 10 \ORD- zoning - 0109- 03- AndrewSalman- Carroll Place -B -1- Special permit.doc —1 91- ATTEST: CITY OF CORPUS CHRISTI Page 3 of 4 Armando Chapa Henry Garrett City Secretary APPROVED: March 2, 2009 eborah Walther B Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\3- 10 \ORD- zoning - 0109- 03- AndrewSalman- Carroll Place -B -1- Special permit.doc —192— Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG -DI R \S hared\LEGAL -DEV. SVCS\2009 Agenda \3- 10 \ORD- zoning- 0109- 03- AndrewSalman- Carroll Place -B -1- Special permit.doc -193- CASE # 0109 -03 SUBJECT PROPERTY Planning Commission Recommendation Denial of the "1 -2" and, in lieu thereof, rezone the property to an "B4" District with a special permit subject to a site plan. Ordinance No.: E Affnit A CARROLL !L }C4 ANtjf} SITE PLAN -195- 10 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: March 10,2009) Case No. 0109 -07, B.L. Real Estate Holdings: A change of zoning from a "R -1 C" One - Family Dwelling District to an "A -2" Apartment House District resulting in a change of land use from single family residential to multi - family residential for a bed and breakfast inn described as Tyler Subdivision, Block 1, Lot 11, located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road Planning Commission's and Staff's Recommendation (January 21.2009): Approval of "A -2" Apartment House District Requested Council Action: Approval of Planning Commission's Recommendation. Staffs Sununarv: • Request: The applicant is requesting a change of zoning on .13 acres from an "R -1C" One - Family Dwelling District to an "A -2" Apartment House district. The applicant wishes to use the existing home as additional lodging for overnight guests. The various hunting and fishing guides that launch from Bluff's Landing Marina would benefit from the ability to stay on -site. The applicant expressed that no changes would be made to the existing 2,400 square foot residence. • Existing Land Uses: The subject property is an existing single family residence. However, it is directly adjacent to the Bluffs Landing Marina which has expanded during the last several years and a portion of the residential neighborhood is in transition to tourist oriented uses. Single- family residences are located to the north, east, and west. To the south is property owned by Bluff's Landing Marina. • Existing Zoning: The subject property is zoned "R -1C" One - Family Dwelling District. The purpose of the "R -1C" One - Family Dwelling District is to provide for single - family residential development 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. Residential density is a maximum of 9.68 units per acre. The "R -1 C" One - Family District requires a 20 -foot front yard setback and 5 -foot side and rear yard setbacks. • Proposed Zoning: The purpose of the "A -2" Apartment House District provides for the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. In Article 24 of the Zoning Ordinance, the "A -2" Apartment House District requires a minimum 20 -foot front yard setback and 5 -foot side and rear setbacks are required for one and two family uses. The "A -2" Apartment House District has a minimum lot size of 6,000 square feet, a lot frontage of 50 feet, a height limitation of 60 feet/4 stories, and an open space requirement of 30 percent. • Transportation and Circulation: The subject property has access to Claudia Drive. Currently, Claudia Drive is not designated by the Urban Transportation Plan, due to it being a standard residential street. Furthermore, the Urban Transportation Plan calls for no change in the current street designation. -199- • Infrastructure Demand: o Water: The City of Corpus Christi has a 6 inch wastewater line along the eastem boundary of the subject property. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the westem boundary of the subject property. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics since the year 200 has shown an increase in trend from 652 (37.82 %) crimes committed in 2000 to a low in 2005 of 839 (48.67 %) crimes. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number thirteen (13), located at 1801 Waldron Road (Flour Bluff). • Environmental Constraints: o FEMA Flood Zone: Zone A18(EL 10) — According to the FEMA map this designates the subject property as part of the 100 year flood plain; base flood plain and flood hazard factors determined. They are further defined as areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30 -year mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selected intervals within these zones. o Soil Type: Galveston and Mustang Fine Sands • 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 30 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Mix land uses (10 points); o Create walkable neighborhoods (10 points); and, o Preserve open space, farmland, natural beauty, and critical environmental areas. (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for single- family residential uses; therefore, the proposed "A -2" Apartment House 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: POLICIES — RESIDENTIAL a. EACH NEIGHBORHOOD OF THE CITY SHALL BE PROTECTED AND /OR IMPROVED SO AS TO BE A DESIRABLE AND ATTRACTIVE RESIDENTIAL ENVIRONMENT. H:\PLN- DIR\SHARED \I. Planning Commission \2009 CCN9a'09`0109 -07 BI— Real Estate Holdings Agenda Memo.doc -200- One of the most important resources a community has is its residential neighborhoods. A thriving neighborhood environment can encourage reinvestment and new investment in the community, promote community pride, and establish the community as a nice place to live. For these reasons, support for residential neighborhoods shall continue to be a fundamental land use policy. b. COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comments: The proposed rezoning would contribute to the maintenance of the overall attractiveness of the neighborhood. The subject property would allow for lodging to serve the nearby marina and therefore, reduce traffic and promote a pedestrian friendly /walking neighborhood. The subject property would also serve as a buffer area between the higher intensity use of Bluff s Landing Marina and the single - family residences. However, since no modification of the structure is occurring, it would not contribute to a negative impact on neighboring properties. • FLOUR BLUFF AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.2 - POLICY STATEMENT The most suitable land uses for this district indicates those land uses least likely to cause negative impacts to the surrounding area and which are thought to most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively impacted by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - commercial uses should be directed away from residential areas. b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. c. Placing low intensity activities next to single family uses. d. Because non - residential areas are considered most suitable next to higher level roads, "also permitted" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. Staff Comment: The Flour Bluff Area Development Plan allows for a medium density use in a single family use district with a limit of 4 to 7 units per acre. The applicant only wishes to create lodging for guests in a bed and breakfast environment. The existing single - family dwelling would not be modified in structure, but only in use. The Flour Bluff Area Development Plan would deem this acceptable and based on item C. or Policy Statement B.2, would encourage low intensity uses adjacent to single- family uses. H:VU4- DIR\SHARED \1. Pluming Commission\2009 CC/Aar '09\0109-07 B.L. Real Estate Holdings Agenda Memo.doc -201- Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips Claudia Drive Not Designated (Residential Street) 50 Feet 50 Feet (Residential Street) Not available Plat Status: The subject property is platted. Department Comments: • The applicant states that the existing single- family dwelling is to be converted into a place for guests to stay overnight in close proximity to the Bluff's Landing Marina, as well as, provide lodging for fishing and hunting guides. It would not be expanded to accommodate any type of additional guests. • Conversion of the single family structure to lodging for overnight guests will enact additional building code requirements. The proposed use will be required to meet all code requirements for RI Boarding House uses based on the (IRC 2003) International Residential Building Code. • This zoning change from "R -1C" to "A -2 ", would not pose a significant negative impact on the neighboring single - family uses since it would maintain a residential use The area of Bluffs Landing Marina is a neighborhood in transition due to the high influx of development and improvement. Changes in land use would therefore be expected as along as they do not negatively impact the neighboring single - family residences In this specific case the change in use would not pose a risk of negative effect. • Of all the opposition notices received seven (7) or (18.33 %D) originated from one property owner with multiple properties adjacent to the subject property. Only one (1) notice (2.57 %) was from a separate property owner in opposition to the zoning change. Notification: Of the 27 notices mailed to the surrounding property owners nine (37.95%) notices were returned in favor and eight (20.90 %) were retumed in opposition. The 20% rule is invoked. This case is considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. .4\./ Johnny Pera s, P.E., Interim Assistant City Manager of Development Services Attachments: 1) Zoning Report 2) Planning Commission Minutes (January 21, 2009) 3) Ordinance PIM/Project Manager SrCP/CP Planning Director H:1PIN- DIR■SHARED\1. Planning Commission2009 CC\Mar 1)9,00I09-07 B.L. Real Estate Holdings Agenda Memo.doc -202- CITY COUNCIL ZONING REPORT Case No.: 0109 -07 Planning Commission Hearing Date: January 21, 2009 Applicant & Legal Description Applicant: (B.L.) Bluff s Landing Real Estate Holdings Owner: Kris Hawkins Representative: Annette Viar Address: 4113 Claudia Drive, Corpus Christi, TX. 78418 Legal Description/Location: Tyler Subdivision, Block 1, Lot 11 Zoning Request From: "R -1C" — One Family Dwelling District To: "A -2" — Apartment House District Area: 6,000 square feet Purpose of Request: To use existing single - family residential structure for lodging/boarding of overnight guests associated with the Bluffs Landing Marina Development Zoning Existing Land Use Future Land Use Site R -1 C -One Family Dwelling District Low Density Residential Low Density Residential North R -1C - One Family Dwelling District Low Density Residential Low Density Residential South R -IC - One Family Dwelling District Vacant Commercial East R -1C - One Family Dwelling District Low Density Residential Low Density Residential West R -1C - One Family Dwelling District Low Density Residential Low Density Residential • 1 v, Iog o e 0: 6 ir Area Development Plan: This tract of land is located in the Flour Bluff Area Development Plan and is planned for low density residential uses. The subject area is slowly transitioning to tourist oriented residential uses in which the proposed zoning can be supported. Map No.: 036,026 Zoning Violations: None Staffs Summary: • Request: The applicant is requesting a change of zoning on .13 acres from an "R -1C" One - Family Dwelling District to an "A -2" Apartment House district. The applicant wishes to use the existing home as additional lodging for overnight guests. The various hunting and fishing guides that launch from Bluffs Landing Marina would benefit from the ability to stay on -site. The applicant expressed that no changes would be made to the existing 2,400 square foot residence. —203— Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 2 • Existing Land Uses: The subject property is an existing single family residence. However, it is directly adjacent to the Bluff's Landing Marina which has expanded during the last several years and a portion of the residential neighborhood is in transition to tourist oriented uses. Single - family residences are located to the north, east, and west. To the south is property owned by Bluffs Landing Marina. • Existing Zoning: The subject property is zoned "R -1C" One - Family Dwelling District. The purpose of the "R -1C" One - Family Dwelling District is to provide for single - family residential development 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. Residential density is a maximum of 9.68 units per acre. The "R -1 C" One - Family District requires a 20 -foot front yard setback and 5 -foot side and rear yard setbacks. • Proposed Zoning: The purpose of the "A -2" Apartment House District provides for the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. In Article 24 of the Zoning Ordinance, the "A -2" Apartment House District requires a minimum 20 -foot front yard setback and 5 -foot side and rear setbacks are required for one and two family uses. The "A -2" Apartment House District has a minimum lot size of 6,000 square feet, a lot frontage of 50 feet, a height limitation of 60 feet/4 stories, and an open space requirement of 30 percent. • Transportation and Circulation: The subject property has access to Claudia Drive. Currently, Claudia Drive is not designated by the Urban Transportation Plan, due to it being a standard residential street. Furthermore, the Urban Transportation Plan calls for no change in the current street designation. • Infrastructure Demand: o Water: The City of Corpus Christi has a 6 inch wastewater line along the eastern boundary of the subject property. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the western boundary of the subject property. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics since the year 200 has shown an increase in trend from 652 (37.82 %) crimes committed in 2000 to a low in 2005 of 839 (48.67%) crimes. The Last year for which statistics are available is 2005. o Fire: The closest Fire Station is number thirteen (13), located at 1801 Waldron Road (Flour Bluff). • Environmental Constraints: o FEMA Flood Zone: Zone A18(EL 10) — According to the FEMA map this designates the subject property as part of the 100 year flood —204— Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 3 o Soil Type: plain; base flood plain and flood hazard factors determined. They are further defined as areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30 -year mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selected intervals within these zones. Galveston and Mustang Fine Sands • 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 30 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Mix land uses (10 points); o Create walkable neighborhoods (10 points); and, o Preserve open space, farmland, natural beauty, and critical environmental areas. (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for single - family residential uses; therefore, the proposed "A -2" Apartment House 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: POLICIES — RESIDENTIAL a. EACH NEIGHBORHOOD OF THE CITY SHALL BE PROTECTED AND /OR IMPROVED SO AS TO BE A DESIRABLE AND ATTRACTIVE RESIDENTIAL ENVIRONMENT. One of the most important resources a conununity has is its residential neighborhoods. A thriving neighborhood environment can encourage reinvestment and new investment in the conununity, promote community pride, and establish the community as a nice place to live. For these reasons, support for residential neighborhoods shall continue to be a fundamental land use policy. b. COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. -205- Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 4 Staff Comments: The proposed rezoning would contribute to the maintenance of the overall attractiveness of the neighborhood. The subject property would allow for lodging to serve the nearby marina and therefore, reduce traffic and promote a pedestrian friendly /walking neighborhood. The subject property would also serve as a buffer area between the higher intensity use of Bluff's Landing Marina and the single - family residences. However, since no modification of the structure is occurring, it would not contribute to a negative impact on neighboring properties. • FLOUR BLUFF AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.2 - POLICY STATEMENT The most suitable land uses for this district indicates those land uses least likely to cause negative impacts to the surrounding area and which are thought to most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively impacted by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - commercial uses should be directed away from residential areas. b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. c. Placing low intensity activities next to single family uses. d. Because non - residential areas are considered most suitable next to higher level roads, "also permitted" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. Staff Comment: The Flour Bluff Area Development Plan allows for a medium density use in a single family use district with a limit of 4 to 7 units per acre. The applicant only wishes to create lodging for guests in a bed and breakfast environment. The existing single - family dwelling would not be modified in structure, but only in use. The Flour Bluff Area Development Plan would deem this acceptable and based on item C. or Policy Statement B.2, would encourage low intensity uses adjacent to single - family uses. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips Claudia Drive Not Designated (Residential Street) 50 Feet 50 Feet (Residential Street) Not available Plat Status: -206- Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 5 The subject property is platted. Department Comments: • The applicant states that the existing single - family dwelling is to be converted into a place for guests to stay ovemight in close proximity to the Bluffs Landing Marina, as well as, provide lodging for fishing and hunting guides. It would not be expanded to accommodate any type of additional guests. • Conversion of the single family structure to lodging for overnight guests will enact additional building code requirements. The proposed use will be required to meet all code requirements for R1 Boarding House uses based on the (IRC 2003) International Residential Building Code. • This zoning change from "R -1C" to "A -2 ", would not pose a significant negative impact on the neighboring single- family uses since it would maintain a residential use. The area of Bluff's Landing Marina is a neighborhood in transition due to the high influx of development and improvement. Changes in land use would therefore be expected as along as they do not negatively impact the neighboring single - family residences. In this specific case the change in use would not pose a risk of negative effect. Staff Recommendation: Approval. Planning Commission Recommendation: Approval. Number of Notices Mailed: 27; 26 within 200 foot notification area; 1 outside notification area Favor — 9 (inside notification area); 1 (outside notification area) Opposition — 7 (18.33 %)(inside notification area); 0 (outside notification area) (As of January 13, 2009) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Subject Property 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. District Uses 9. Smart Growth Principles 10. City Charter — Article V- Planning —207— CASE # 0109 - 03 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mao 2; " 2b for Neighborhood eysziog ':se. Also available Map Scale: 1:90,000 „SUBJECT -- PROPERTY 7 / / / W""r ,� lit of if t hl'1st] • LOCATION MAP 4: :a., ». 80U� Feet' IA Up../`,C T PROPERTY ti ti s tr, CJF F1, .• 5- 2.a. CASE # NEIGHBORHOOD - Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res- - MDR "• Density Res. - HDR U Y r Ile Home - MH nt- VAC vrof, bnal Office - PO immercial - COM 0109-03 EXISTING LAND USE I Hi la`p Lt. • CP n Map Scale: 9:10,000 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water LOCATION MAPI-" -SUBJECT PROPERTY wn� City of Cop >i c. Chrsri i �. /�. c ' /'''''-- \O r �� , / r�S. i .`, ' �/ 01 ',�OIY '' / u. • ' _, ,, /3 ' - �/ r T , Feet f , / > `t,0 RF .fi / S,-- ---.. . \ / • ; % •, -, ' r -- % j , 4 4- / 7O " v \ S1^ . S. of ECT ji PROPERTY //f, '40 1 CASE # 0109 -03 2.b. SITE- EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res. - MDR ■.i Density Res. - HDR Ile Home - MH nt- VAC vrofi bnal Office - PO nnmercial - COM Map Scale 2.400 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Pork Draivage Corridor - DC Conservation/Preservation - CP Water LOCATION MAPI-'- ■ 1 i„ SUBJECT PROPERTY wn� City of Corp Is Chrsri ' MDR h:DR k �.�r,,, ?M: ,`LD DR 'M COIL iDR '-.' titer C Chaco, 0 D' 0.,co. _. „. • COM • COM L^ P..OF DR Corm MDR P;HS (Di L430R ;,•-,/ PA «v LDR YJR h7DR�Y.ti� xK 1CR'. 'Tit LODR. M,DR • j PARK r 7% e tpR:', 'Pi Ii 43xli? 'CT3R' '�.,�✓ ,f DR +A Ltba :MDR Arri MDR CDR Q -MD, PiF fv7OR COP!' ^O PARK LOR , N� Z r i - FCDR �DR MDR MDR CASE # 0 3.a. NEIGHBORHOOD - Agricuftural /Rural - AR 1 Estate Residential - ER L?il - Low Density Res. - LOR f Lr j ' rsity Res. - MDR - I 7_ ^gh Density Res. - HOR -' , Ile Home - MH .cant -VAC - -o1 Pr oft- ss/anal Office -PO L'P CL!mu,ercfal - COM l i CF Transportation Plan Ar feria 's Collector - - -- Expiossr ✓ays ur - Parkway - +°°-k} Railroad 109 -03 FUTURE LAND USE Tourist - TOR Ra,aarch /Business Park - RBP Light Industrial - LI Heav, Industrial - HI Pub!•• Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation • Map Scale: 1:10.000 P i 1JBJECT�- ;PROPERTY J LOCATION MAP ■ r \\ Tyr . •\ • C it> of corpus /` bri sii 'Ohl COM 1- 014 / _DRS / Qe MDR r \ r 1 / / r / n Q- r^ // boo \ \soo- Feet O • r �'o L/DR / / / / 1 1 VIDR dorr CASE # 0109 -03 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR 1 Estate Residential - ER - - Tourist- TOR T -eb] Ra,earch /Business Park - RBP Low Density Res. - LDR f Li ] Light Industrial - LI !sity Res. - MDR Heavl Industrial - HI gh Density Res. - HDR I Pub!., Semi - Public - PSP ile Home - MH Park .cant -VAC - Drainage Corridor - DC ' 'on Tonal Office - PO 0P Dredge Placement - DP .. -n :.. _rcial -COM l ] Water 0P Conservation/Preservation • CP Transportation Plan .4 +ferib's Collector - - --. Ex pi uss o,ays -- - Parkway } Railroad Map Scale: 1:2.400 i / / 'I SIJBJECT� /PROPER TY • i a� \ / • i \ -, h� r. / //,,V, a - ....;r i. 1 CIE of / l�Otl?Ii:1 LOCATION INAPT- " - ; . Christi CASE # 0109 -03 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E•::r!o, La.si Use 41so available di !. !. !..ccre.:as.com • /\ • • a,„ • \ 3` LOCATION MAPS-' • SUBJECT - /PROPER T Y • / / ,.,•• C its of corpus ` hri.ii / S~tl E 08.02 2 A,, -. 1 27 6 / 17 ARROLL PL. T R 2 7 46 / B ay 1 OC / / //, � / 1.18 / erss 2ooa Prepared Sy SkR Departure =. development Sete' CASE # 0109 -03 5. SUBJECT PROPERTY Subject Properly Sp. E 08.02 / / 1 z 4 tCSP /ACE UN (T 61 6 / 9/ A - 1 27 i 45// 2 a.Nr 4 fill ARROLL PL. T R 2 7 46 / 1OC � 11R ( 19999m Frepa Act ••Sy Srftk Departure development Sdr k CASE # 0109 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Pel Apartment House Dtrit PTA Apa t _nt Ftetiaa Dtstrint P2 Ms blatant house D9nsi HE Professional ©f-race Di5iriti AT App m rt Tourist LLStrict B -1 Ikeigicboi heart Busine r D>rold 61A Nam borhood Business Dish tnt E-2 Bayfr It Brininess DlstrlcF BRA Hairier Island Business District E -i Easiness Casino $-4 6aneral Dunintas District Fee Penner BUaineSS Puts B-6 Primer, 'Eusiuess Core District 8D Cori US Cnrisll Beach DesIgn Dist F-R Farr RFT al Distiise HG Hietarlcal- Guttural Landmark Preservation 101 rubloot ProlmW: 2OD' vier -1 t2 f -s PHD Runt R -'8 R -1P R- RA RE R- H SP Ta T-1 B Petter United Industrial Distnct art Industn l District Heavy IndusplalDst tint Planned Unit DBVHopmnnt Lre Fancily De Ilrgpl @trot Our Homily Snelling DisTriat On' Fannin D «HI ile Punted Multiple Ewa ling Disttict One family Pry Il g District Residential Dater? DietrInn i nbounn °nailing District Spacial Perrot[ T ilt'el Trailer Park Date" Manufactured H me P811 DLtdet Manufactured Herne 9 bran Hlon [ruins' is arlached onmeitotto table A Owners ?DO en or s CJr npp COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0109 -07 Name: B.L. REAL ESTATE HOLDINGS Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 27 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 9 #24 Anna M. Elliott, 4113 Annette Drive, Corpus Christi, TX 78418: " Good for the neighborhood!!" Opposition: 8 (20.90) % #1, #3, #14, #18, #19, #20, #22 James Preis, 2239 Joyce, Corpus Christi, TX 78417: " I am opposed to the re zoning of block 1, lot 11 from single family to A -2 apartment house for the following reasons: limited street space for increased traffic, limited parking on existing lot, must use other unpaved lots for parking, or curb side parking, this allows o buffer zone between residential use and commercial operations." #23 Gordon Osborn, 4109 Annette Drive, Corpus Christi, TX. 78418, "Roads are in too poor of repair for any increase in traffic, the City does not maintain them." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 -225- III. Responses received from owners /applicants of subject area: Favor: 2 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 2 Barbara and Andrew Agan, 118 Whitely, Corpus Christi, TX 78418: "As neighbors of Bluffs Landing Marina we support the zoning change on the property at 4113 Claudia to B 1. P.S. We also support safe streets. Please repair /upgrade /resurface /add shoulder to Laguna Shores and Yorktown." John E. Ross, 4118 Claudia, Corpus Christi„ TX 78418: "Good for Corpus Christi these are good neighbors" Opposition: 0 HKPLN- DIR\SHARED \I. Planning Commission\ 2009 P02009 Public Comments\0109- 07.doc -226- ° igapnitHfillkiiNkikn "RRE0e MSSIM8£'BVW.gg;BRWMF'g"ytlng8 g 89RBM - IBS F, 333;'183;. R NnmaPoR MNe~� t4 LL5JJ o 000 ggg xx$$88XX iaiiiiii MOM b0 €£5500 mommaum° M Q w wia k Y mmm000mnmammmriom meaeemeeg� °Pfau 4`u IS- ..... 1(�• H 22J224(�mssgssmgg2N 666Q6Q6666Q WW66wwww w wwww d ����nnn� "�nnn���nnnnnn" rOgrrrggrgrrgrrrOrrrrrrrrg EEE EEEE III EgEg gg 9 EEEQE 2EE 0 Q Q mmmmmmQ 555 5555 5 5 5 5555555 < g § §sIssssiesssss § §s 0 E 0 E a o moo 0 i lE E 428 2 2a2 2 m5 �,m m ELgM gib w€ 8 �w g XW 0 SaoI..w°w po k $ °R B m mg ° ° -wg 8 F'd t.Y& ^. i8$6n�`. `$fin GnGu�gSim��m F< 8 L 800 ° e 8 W( 3 ° 3 m � * Q 0 Xm !nb ' io BEMg g -I w �0 IXk' g 3 w`tw €2 2° Y ;� ib i5 10/ 'W s� 2 Si Qgmuuiii oSidnmmmffga3n0d >x mm m.-nm.mmn mm 0.nm.mmnmmR� Mg ° E nS�Si }pmpip))p 50 ooaoo6o 21 i z Bavnt /4E2 8 8 111111111 s mfr ISM IMAM g -227- ARTICLE 9. "A -2" APARTMENT HOUSE DISTRICT REGULATIONS Section 9-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "A -2" Apartment House District. This, the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -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) Apartment hotels. ( 7) Non -profit, religious, educational, and philanthropic institutions. ( 8) Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. ( 9) Accessory buildings and uses. (10) A sign identifying all permitted uses, except for one and two- family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property k occupied by ten (10) or more multi - family units, one (1) ground or monument freestanding sign, which shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi- family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. (11) Assisted living facility. (Ordinance 24566, 08/28/01) 02/08 AT -228- - 45 - (12) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) (13) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not Tess than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 9-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 9-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 9-5 Height, Area, and Bulls Regulations. The height, area, and bulk requirements shall be set forth in the chart of Article 24, and in addition the following regulations shall apply: 9-5.01 Buildings may exceed sixty (60) feet or four (4) stories in height provided that forty percent (40 %) of the site is devoted to non - vehicular open space. 9 -5.02 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 9-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AT -229- - 25 - ARTICLE S. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to provide for single- family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; frees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single -family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a cmriadum 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 feat from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The numbs 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 represanmtive within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26-11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -230- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, &eight 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 fat. 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 Palling Regelatioas. 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 IA -231- - 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 Iota in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. B?JOS R -IA -232- - 29 - ARTICLE 6A. "R -1C" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6A -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 -1C" One - family Dwelling District. The purpose of this district is to provide for single - family residential development 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 6A -2 Use Regulations. The use regulations are the same as those in the "R -IB" One - family Dwelling District. Section 6A-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 6A-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 6A -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6A-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1C -233- Attachment 9 Zoning Case: 0109 -07 • Rating Max, 100 From: R -1C to A -2 1. Mix land uses. 10 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 10 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 10 7. Strengthen and direct development toward existing communities. 0 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 30 —234— Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 7 City Charter - Article V Attachment 10 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 —235— Zoning Report Case #: 0109 -07, B.L. Real Estate Holdings Page 8 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. -236- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL REAL ESTATE HOLDING COMPANY LP, BY CHANGING THE ZONING MAP IN REFERENCE TO TYLER SUBDIVISION, BLOCK 1, LOT 11, FROM "R -1C" ONE FAMILY DWELLING DISTRICT TO "A -2" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of BL Real Estate Holding Company LP, 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, January 21, 2009, during a meeting of the Planning Commission, and on Tuesday, March 10, 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 Tyler Subdivision, Block 1, Lot 11, located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road, from "R -1 C" One Family Dwelling District to "A -2" Apartment House District. (Zoning Map 036026) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan. is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \3 -10 \05.4 ping- 0109 -07 -BL RealEstate- A -2.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 10th day of March, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: March 2, 2009 eborah Walther Brown Assistant City Attorney For City Attorney H: \ LEG- DIR \Shared\LEGAL -DE V.SVCS\2009 Agenda \ 3-10\ORD-zon ing- 0109 -07 -BL RealEstate- A -2.doc -238- 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\3- 10 \ORG-I,ying- 0109 -07 -BL RealEstate- A -2.doc CASE # 0109 -07 SUBJECT PROPERTY -240- C L:L:a A