HomeMy WebLinkAboutAgenda Packet City Council - 03/24/2009MIIIIII•1IIIIIr
NNW
kieSia/%0111
1.001:111*
11:45 A.M. — Proclamation declaring Saturday, March 28, 2009 as "Cesar Chavez Day"
Proclamation declaring the month of March 2009 as "Girl Scout Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
MARCH 24, 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 yourname
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete ingles- espariol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Scott Downey, Bay Area Fellowship.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Melody Cooper City Manager Angel R. Escobar
Mike Hummell 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 Meeting of March 10, 2009. (Attachment # 1)
Agenda
Regular Council Meeting
March 24, 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)
1. 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 the lease purchase of sixteen (16) heavy
trucks with the following companies for the following amounts in
accordance with Bid Invitation No. BI- 0108 -09, based on low bid
and low bid meeting specifications for a total amount of
$1,300,112, of which $23,943.54 is budgeted in FY 2008 -2009.
The vehicles will be used by the Solid Waste, Street and Water
Departments. All units are replacements to the fleet. Financing
for the heavy trucks will be provided through the City's
lease /purchase financing program. (Requires 2/3 Vote)
(Attachment # 2)
Agenda
Regular Council Meeting
March 24, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Grande Truck Center
San Antonio, Texas
Line Items: 1, 2, 3, 4,
5, 6 & 7
$1,015,499
San Tex Truck Center
San Antonio, Texas
Line Item: 8
$284,615
Grand Total: $1,300,112
3. Ordinance appropriating $31,605.15 from the State of Texas in
the No. 1061 Police Grants Fund — Law Enforcement Officer
Standards and Education for the training of police personnel and
purchase of training equipment. (Requires 2/3 Vote)
(Attachment # 3)
4. Motion authorizing the City Manager or his designee to execute
Change Order No. 16 to the construction contract with Haas -
Anderson Construction, Ltd. Of Corpus Christi, Texas, in the
amount of $121,157.05 for a revised contract amount of
$9,176,918.22 for Neighborhood Streets Clusters 1, 2, 3, 5 and
7 for additional material quantities required to close out the
project. (Requires 2/3 Vote) (Attachment # 4)
5. 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 $999,871 for
Yorktown Boulevard — Staples to Cimarron for design, bid and
construction phase services. (Bond Issue 2008) (Requires 2/3
Vote) (Attachment # 5)
6. Motion approving the application from MMD Communication to
temporarily close the following street sections, the Peoples
Street T -Head and the entire Peoples Street T -Head water area
as outlined below for the Texas International Boat Show event to
be held Thursday, April 23, 2009 through Sunday, April 26,
2009. (Attachment # 6)
A. The temporary street closures of northbound lanes of
Shoreline Boulevard, including the medians, from the
north curb line of Schatzel Street to the south right -of -way
of Taylor Street, in order to facilitate the set up and tear
down of Texas International Boat Show beginning at 6:00
a.m. on Saturday, April 18, 2009 until 6:00 p.m. on
Monday, April 27, 2009.
ATE
Agenda
Regular Council Meeting
March 24, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
B. This includes the entire Peoples Street T Head Water
Area encompassing Docks E, F, G, and H in the Marina,
including boat slips and other amenities. The Water
Premises include the northwest point of the Breakwater
starting from the Peoples Street T -head following west to
an equal point on the seawall in line with Taylor Street
and a point South on the Peoples Street T -head South of
Dock E to a point on the Seawall in line with Schatzel
Street. The Peoples Street T -Head water access area
closure is from April 18, 2009 at 6:00 a.m. through April
27, 2009 at 6:00 p.m.
7. Motion approving the application from the Buccaneer
Commission to temporarily close the following street sections for
the 8th Annual "Buc Days BBQ Challenge" and the annual
"Buccaneer Days Carnival and Rodeo Festival" to begin on
Thursday, April 23, 2009 through Sunday, May 3, 2009.
(Attachment # 7)
A. The temporary half street closure of Water Street
between the intersection of Water Street and Palo Alto
Street and approximately 230 feet north of Palo Alto
Street and the temporary street closure of Water Street
beginning 60 feet south of Fitzgerald Street to the
intersection of Water Street and Resaca Street; beginning
at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m.
Wednesday, May 6, 2009.
B. The temporary street closure of Fitzgerald Street between
the intersection of Fitzgerald Street and Southbound
Shoreline Boulevard and the intersection of Chaparral
Street, beginning at 8:00 a.m. Friday, April 17, 2009
through 5:00 p.m. Wednesday, May 6, 2009.
C. The temporary street closure of Resaca Street between
the intersection of Resaca Street and Southbound
Shoreline Boulevard and the intersection of Resaca
Street and Chaparral Street, beginning at 8:00 a.m.
Friday, April 17, 2009 through 5:00 p.m. Wednesday,
May 6, 2009.
Agenda
Regular Council Meeting
March 24, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
D. The temporary street closures of northbound and
southbound Shoreline Boulevard and the Barge Dock,
between the intersection of Resaca Street and the Art
Museum of South Texas, beginning at 8:00 a.m. Friday,
April 17, 2009 through 5:00 p.m. Wednesday, May 6,
2009.
E. The temporary street closure of Palo Alto Street between
the intersection of Palo Alto Street and Water Street and
the intersection of Palo Alto Street and Southbound
Shoreline, beginning at 8:00 a.m. Friday, April 17, 2009
through 5:00 p.m. Wednesday, May 6, 2009.
F. In cooperation with the Texas Department of
Transportation, North Broadway Street, including under
US 181 Harbor Bridge, between the intersection of North
Broadway Street and Fitzgerald Street and the
intersection of North Broadway Street and Brewster
Street will require temporary closure for staging of
professional rodeo cowboys truck/trailers beginning at
8:00 a.m. Friday, April 17, 2009 through 9:00 p.m.
Monday, April 27, 2009.
G. Temporary street closure of the north portion of Fitzgerald
Street between the intersection of Fitzgerald Street and
North Broadway Street and the intersection of Fitzgerald
Street and Mesquite Street, for staging of professional
rodeo cowboys truck/trailers beginning at 8:00 a.m.
Friday, April 17, 2009 through 9:00 p.m. Monday, April
27, 2009.
8. Resolution supporting Legislative efforts of the Texas Municipal
Retirement System (TMRS) to make the TMRS system more
financially stable. (Attachment # 8)
9. Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 17, regarding lowering utility payment electronic
payment processing fees; providing for an effective date of April
1, 2009; and providing for publication. (Attachment # 9)
Agenda
Regular Council Meeting
March 24, 2009
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10. Second 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. (First Reading 03/10/09)
(Attachment # 10)
J. PUBLIC HEARINGS:
ZONING CASES:
11. Case No. 0109 -06, Charles K. Miller, Jr.: A change of zoning
from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial
District for an above ground fuel storage tank with a 15,000
gallon capacity on property described as 1,750 square feet out
of Roblex Industrial Area, Block 6, Lot 16, located on the east
side of Flato Road approximately 0.17 miles north at Bear Lane.
(Requires 2/3 Vote) (Attachment # 11)
Planning Commission and Staffs Recommendation: Denial of
an "1 -3" Heavy Industrial District, and in lieu thereof, approval of
an "I -2 /SP" Light Industrial District with a Special Permit to allow
one (1) UL2085 above ground fuel storage tank not to exceed
15,000 gallons, subject to a site plan and four (4) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Charles K.
Miller, Jr., by changing the Zoning Map in reference to 1,750
square feet out of Roblex Industrial Area, Block 6, Lot 16, from
"1 -2" Light Industrial District to "I -2 /SP" Light Industrial District
with a Special Permit to allow one (1) UL2085 above ground fuel
storage tank not to exceed 15,000 gallons, subject to a Site Plan
and four (4) conditions; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing
for publication.
12. Case No. 0209 -01, City of Corpus Christi / Thomas Gaddis,
property owner: A change of zoning from a "A -2" Apartment
House District from an "HC -III' Historic Cultural- Landmark III
District to an "A -2" Apartment House District to remove the
historical designation on property described as Jones
Agenda
Regular Council Meeting
March 24, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Subdivision, Block 3, Lot 10 and adjacent alley, located at 1613
Mestina Street east of the Crosstown Expressway and west of
Mexico Street. (Requires 2/3 Vote) (Attachment # 12)
Landmark Commission, Planning Commission and Staffs
Recommendation: Approval of rescinding the "HC -Ill" Historic
Cultural Designation.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi Landmark Commission, on behalf of Thomas
Gaddis, by changing the Zoning Map in reference to Jones
Subdivision, Block 3, Lot 10 and adjacent alley, from "A -2 /HC -III"
Apartment House District with a Historical - Cultural Landmark III
District Designation to an "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.
ZONING TEXT AMENDMENT:
13. Public hearing and First Reading Ordinance to consider
amending Sections 27B -5, 27B- 11(A)(11), and 27B- 12(B),
Corpus Christi Zoning Ordinance, relating to the professionals
authorized to certify Landscape Plans as part of the Building
Permit Application Process; providing for penalties; and
providing for publication. (WITHDRAWN)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
14. Motion authorizing the appointment of M. E. Allison as Financial
Advisor; Wells Fargo Brokerage Services as Senior Manager;
Cabrera Capital Markets, Inc., First Southwest Company, JP
Morgan Securities, Inc., Ramirez & Co., Inc., SAMCO Capital
Markets, Inc. as Co- Managers; and Fulbright & Jaworski as
Bond Counsel for the City of Corpus Christi, Texas General
Obligation Improvement Bonds, Series 2009. (Requires 2/3
Vote) (Attachment # 14)
Agenda
Regular Council Meeting
March 24, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
15. BoldFuture for the Coastal Bend Vision Summit Results
(Attachment # 15)
16. Development Services Process Improvements Update
(Attachment # 16)
17. Charter Review Ad Hoc Committee Final Report (To Be
Considered at Approximately 1:00 P.M.) (Attachment # 17)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
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.
Agenda
Regular Council Meeting
March 24, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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.
18. Executive session under Texas Government Code Section
551.071 regarding Cause No. 08 -344, Curtis Townsend vs. City
of Corpus Christi et al; 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 81st 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 :,' 00 p.m., on March 18,
2009.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before
regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Friday before 5:00 p.m.
Symbols used to highlight action items that implement
council goals are on attached sheet.
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
MARCH 24, 2009
10:00 A.M.
PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the
following addition to the agenda of the City Council to be considered at the above meeting:
CONSENT AGENDA
10.1. 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
$653,945, for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to
Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid and
construction phase services. (BOND ISSUE 2008) (Requires 2/3 Vote)
10.2. Motion authorizing the City Manager or his designee to execute an environmental
consulting services contract with the Coastal Bend Bays & Estuaries Program, Inc.,
of Corpus Christi, Texas in an amount of $324,720 for the Nueces River Basin
Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta
Hydrodynamic Transport Analysis and Modeling) including: (Requires 2/3 Vote)
^ Vegetation distribution
^ Pore-water salinity and nutrient inputs
^ Seasonal and geographical photosynthesis variation
^ Data collation, collection and analysis
• Computational model development of water levels, salt and temperature
variation
10.3. Resolution authorizing the Mayorto execute an Intedocal Cooperation Agreement
with Nueces County, San Patricio County, and the City of Ingleside forthe creation
of an independent Defense Base Development Authority as the successor for the
Ingleside Local Redevelopment Authority. (Requires 2/3 Vote)
POSTING STATEMENT:
This supplemental agenda was posted on the Cit 's official letin board at the front
entrance to City Hall, 1201 Leopard Street, at ~~ a.m. .gym. March 20, 2009.
Armando Chapa °
City Secretary
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
MARCH 24, 2009
10:00 A.M.
PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of
the following addition to the agenda of the City Council to be considered at the
above meeting:
N. EXECUTIVE SESSION
19. Executive session under Section 551.072 and Section 551.087 of the Texas
Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a
business prospect relating to Memorial Coliseum with possible discussion
and action related in open session.
POSTING STATEMENT:
This supplemental agenda was posted on the City's~pfficial bulletin board at the
front entrance to City Hall, 1201 Leopard Street, at ~•'~5p.m., March 18, 2009.
Armando Chapa -~
City Secretary
City Council Goals 2007 -2009
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
March 10, 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
Michael McCutchon
John Marez
Nelda Martinez
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
*Arrived at 10:11 a.m.
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Mayor Henry Garrett.
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 February
10, 2009, February 17, 2009 and February 24, 2009. City Secretary Chapa stated that the minutes
of February 171h and 24th would need to be amended to reflect that Council Member McCutchon was
in attendance. Ms. Martinez made a motion to amend the minutes of February 17th and 24th. 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 welcomed Demitri Sanchez from St. James Episcopal School to the Council
meeting.
* * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). City Secretary
Chapa announced that Supplemental Agenda Items 6.1. and 6.2. were added as consent items.
There were no comments from the public. Council members requested that Items 4 and 7 be pulled
for individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2009 -059
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 - 2009.1—
Minutes — Regular Council Meeting
March 10, 2009 — Page 2
Secor EGW Utilities, Inc.
Houston, Texas Carrollton, Texas
Group No.: 1 Group No.: 2
$146,670 $53,673.50
Grand Total: $200,343.50
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.
3. RESOLUTION NO. 028088
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 30`h.
The foregoing resolution was passed and approved with the following vote: Garrett.
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was
absent.
5. MOTION NO. 2009 -060
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)
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.
6. MOTION NO. 2009 -061
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)
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.
6.1. MOTION NO. 2009 -062
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.
The foregoing motion was passed and approved with the following vote: Garrett. Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez,sd Martinez, voting "Aye "; Cooper was absent.
Minutes — Regular Council Meeting
March 10, 2009 — Page 3
6.2. RESOLUTION NO. 028091
Resolution in support of local option transportation afunding legislation for the 815'
Legislative session.
The foregoing resolution was passed and approved with the following vote: Garrett.
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was
absent.
8. ORDINANCE NO. 028092
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)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett. Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
Mayor Garrett opened discussion on Item 4 regarding a lease agreement with TRT Hotel
Company, LLC for the use of City property. Director of Parks and Recreation Sally Gavlik,
Superintendent of Special Services Michelle Thomas and Paulette Good and Nils Stolzlechnerwith
the Omni Hotel were available to respond to questions. The following topics pertaining to this item
were discussed: public access; the location; the distance of seawall from the concession building to
the Holiday Inn; the anticipated number of private events; how the lease agreement will effect the
possible pier that may be built with the renovation of the Memorial Coliseum or the Bayfront Master
Plan; the termination clause in the agreement; timeframe for email notification of scheduled events
the signage for the concession stand; additional volleyball areas; and including a representative
from the Water Department on the email notification list. City Secretary Chapa polled the Council for
their votes as follows:
4.a. ORDINANCE NO. 028089
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 %.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
4.b. ORDINANCE NO. 028090
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.
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 ". -3-
Minutes — Regular Council Meeting
March 10, 2009 — Page 4
Mayor Garrett opened discussion on Item 7 regarding an amendment to the City Code of
Ordinance. Council Member Martinez spoke regarding the need for signage on the perimeters
stating that no hunting is allowed within 1,000 feet and directed staff to provide a report on the
feasibility of putting signage on the Laguna Shores shoreline. Assistant City Attorney Jay Reining
said staff will have to determine which areas would need signage. Council Member Hummell
addressed reasons that signage may be problematic and less effective. City Secretary Chapa polled
the Council for their votes as follows:
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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye ".
* * * * * *** * * * **
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 -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.
City Secretary Chapa stated that staff recommended denial of the "1 -2" Light Industrial
District. City Secretary Chapa stated that Planning Commission recommended 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.
Assistant Director of Development Services Faryce Goode -Macon stated that this case has
been notified as a code violation since 2007 and several court proceedings have occurred. Ms.
Macon added that the applicant is requesting a zoning change to see if he can rectify his violation
issues. Assistant City Attomey Deborah Brown responded to questions regarding the legal
proceedings.
Andrew Selman, applicant, stated that he was unaware when he bought the property that his
business would be in violation of the zoning ordinance. Mr. Salman added that the property is used
as a showroom and not as storage.
The following topics pertaining to this item were discussed: the difference between the staff
and planning commission recommendations; whether the re- zoning will interfere with the business;
the number of years the business has been at this location; if the business is still in violation;
whether there are other properties industrially zoned to accommodate this type of business; the
reason this business was issued a permit if the business was in violation; allowable uses for "B-4"
and "B-1"; the type of vehicles used for delivering materials; the amount of time the applicant had
been placing granite outside before the violations were identified; the location and name of the
-4-
Minutes — Regular Council Meeting
March 10, 2009 — Page 5
applicant's other shop; the work performed at the other shop and how long the shop has been open;
whether the applicant purchased the property on Holly Road to use as a showroom; if the applicant
was aware of the allowable uses of the property; the legal proceedings; the site plan; and screening.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
9. FAILED
from "B 1" Neighborhood Business Dictrict to "B 4 /SP" Ccncral Business District with a
fer-publisatien.
An emergency was declared, and the foregoing ordinance failed with the following vote:
Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"No"
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. 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 and
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.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of an "A -2" Apartment House District.
Assistant Director of Development Services Faryce Goode -Macon stated that the 20% rule is
in effect. Ms. Macon provided a brief overview of the area location and subject case area.
Council Member McCutchon asked whether this property was the same property discussed
at a previous council meeting and what the objections were to the zoning change. Ms. Macon stated
that it was not the same property. Roger Viar, representative of B.L. Real Estate, stated that the
previous bed and breakfast that Dr. McCutchon referred to was located on Thelma Drive and that
the objection for this zoning case was regarding the parking of vehicles along the street.
No one appeared in opposition to the zoning change. 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:
10. ORDINANCE NO. 028093
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-
-5-
Minutes — Regular Council Meeting
March 10, 2009 — Page 6
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
Mayor Garrett opened discussion on the Legislative Report. Director of Intergovernmental
Relations Rudy Garza provided a brief update including the filing of bills; HB271 regarding the
increase of enterprise zone slots; the federal stimulus plan; a workshop being coordinated to bring
state and federal agencies to the City; the House Economic Stabilization Funding Select Committee;
and key committee assignments.
The following topics pertaining to this item were discussed: whether slower bills and
committee assignments will have an impact on the City's legislative issues; revenue caps; legislation
on the redevelopment of older neighborhoods; foreclosure of homestead property; municipal court
issues; support for the Texas Municipal Retirement System (TMRS); casino gambling; and water
issues.
Council Member Leal requested that a resolution supporting HB 360 be placed on the
agenda.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
* * * * * * * * *** **
Mayor Garrett called for petitions from the audience. Dr. Gerald A. Sansing, 5426 Chevy
Chase Drive, requested that the Council reconsider their support of the Las Brisas power plant. Pat
Suter, 1002 Chamberlain, announced that the American Birding Association Convention will be held
on April 27th. John Kelley, 413 Waco, asked the Council to reconsider their support of a resolution
for the Las Brisas plant. Ron Hamilton, 3636 S. Alameda, asked the Council to revisit their decision
for support of Las Brisas and spoke regarding an environmental impact study. Richard Kronke,
10209 N. Harrington, asked Council Member Cooper to remove his name for the town hall meeting
mailing list. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Priscilla
Soliz, Director of Governmental Affairs for the Builders Association, invited the Council to attend the
Home Exp and & Green Conference on March 21 -22, 2009. Foster Edwards, Chamber of
Commerce, stated the Chamber support the Council on waiting for results from the Texas
Commission on Environmental Quality regarding the Las Brisas Plant. Mr. Edwards thanked Mayor
Garrett, City Manager Escobar, Director of Economic Development Irma Caballero and staff to
attending Coastal Bend day in Austin. Mr. Edwards added that the Chamber members have
expressed concem regarding wind storm insurance. Carolyn Moon, 4902 Calvin, spoke regarding
sand dunes. Susie Luna Saldana, 4701 Hakel, thanked the Council for selecting City Manager
Escobar and stated that Mr. Escobar was doing a great job. Ray Medina, 5413 Cain, spoke
regarding code violations at a business located on Holly Road. Rebecca Klingensmith, 5325
Yorktown, spoke regarding the concems from students at Texas A & M University — Corpus Christi
regarding the Las Brisas plant and address the effect of the plant on local venues and bird watching.
* *** * * *** * ***
-6-
Minutes — Regular Council Meeting
March 10, 2009 — Page 7
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
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.
12. Executive session under Sections 551.072 and 551.084 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.
The Council went into executive session. The Council returned from executive session and
the following motion and ordinance were passed with the following vote:
11. MOTION NO. 2009 -063
Motion authorizing the City Manager to settle Cause No. 08 -247, Abel Alonzo and David
Ramos vs. the City of Corpus Christi, in accordance with the terms of the proposed
settlement agreement.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
12. ORDINANCE NO. 028094
Authorizing the City Manager or his designee to amend and extend the lease with Landry's
Seafood and Steakhouse - Corpus Christi, Inc. (Landry's) to operate a restaurant barge on
People's Street T -Head to extend the term until September 30, 2009, with payment of
$6,000 per month or 2.75% of monthly gross sales, whichever is greater, with amendments
to provide for sixty days termination notice, and to provide for no operation of shuttle service
on People's Street T -Head by Landry's during period of April 17, 2009 through April 27,
2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye'; Kelly was absent.
Mayor Garrett opened discussion on the presentation regarding the Corpus Christi Air
Monitoring Study. Dr. Laurie Haws, ToxStrategies, referred to a powerpoint presentation on a
comprehensive review of the benzene air monitoring data in Corpus Christi including the purpose for
the analysis; results of the assessment performed; important points about benzene; benzene levels
associated with everyday activities; the monitoring network; processing data; assessment of short-
term benzene data; location of short-term AutoGCS and event triggered monitors; comparison of
hourly measurement to short term ESLs; assessment of long -term benzene data; types of monitors
collecting long term data; historical trends; air data conclusions; current issues; USA Today Special
Report; review of the USA Today study and conclusions; the Texas A & M (TAMU) Biomonitoring
Study; review of the TAMU study and conclusions; and the overall conclusions.
—7—
Minutes — Regular Council Meeting
March 10, 2009 — Page 8
The following topics pertaining to this item were discussed: the reason the Huisache area
exceeded Texas Commission on Environmental Quality (TCEQ) health - protective guidelines;
timeline for the air quality assessment; the reasons for the air quality analysis; whether the air quality
analysis was a result of the other studies; when the data collection was completed; whether other
schools may have more contaminated air in the schools in Corpus Christi that are being inventoried;
whether the USA Today Report focused on just benzene; review of the other chemicals measured in
the USA Today Report; real data versus modeling; if the USA Today data was fairly consistent; all
EPA models showing levels below long term ESL; TCEQ position on air quality results; information
on who collected the data for the USA study; who requested that Dr. Hays expand her research to
include the collation between the two studies and the air quality analysis; comparison of benzene
levels in blood and air; whether benzene can accumulate; the letter from TAMU regarding the
findings of the study; and the relevance of the study to the Las Brisas plant.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:17 p.m. on March 10, 2009.
2
Requested Council Action: 3/24/09
Alternate Council Date: 4/14/09
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the lease purchase of sixteen (16) heavy trucks with
the following companies for the following amounts in accordance with Bid Invitation No. BI-
0108-09, based on low bid and low bid meeting specifications for a total amount of
$1,300,112.00 of which $23,943.54 is budgeted in FY 2008 -2009. The vehicles will be used by
the Solid Waste, Street, and Water Department. All units are replacements to the fleet.
Financing for the heavy trucks will be provided through the City's lease /purchase financing
program.
Grande Truck Center
San Antonio, Texas
Line Items: 1, 2, 3,
4,5,6 & 7
$1,015,499.00
SanTex Truck Center
San Antonio, Texas
Line Item: 8
$284,615.00
Grand Total: $1,300,112.00
BACKGROUND:
Purpose:
The vehicles will be used by the Solid Waste, Street, and Water
Department. Replaced units will be disposed of through standard
disposal of surplus property procedures, including live auctions
and/or electronic auctions. All sixteen units are replacements to the
fleet.
Bid Invitations Issued: Ten
Bids Received: Three
Award Basis: Low Bid
Bid Items: 1, 2, 3, 4, 5, 6, & 7
Low Bid Meeting Specifications
Bid Item: 8
Corpus Christi Freightliner, Corpus Christi, Texas submitted the
apparent low bid for line item 8. However, the offer submitted by
Corpus Christi Freightliner does not meet specification requirements
regarding the rear suspension, as required in the bid invitation.
—1 1 —
Requested Council Action: 3/24/09
Alternate Council Date: 4/14/09
Funding: Lease Purchase of Heavy Trucks - Bid Items 1 - 8
Funding is provided through the City's lease /purchase financing
agreement for a sixty -month period. The estimated interest rate is
4.0 %. The actual interest rate will be determined after acceptance
of the vehicles.
The estimated annual payment is $287,322.48. Total estimated
cost over the sixty -month period, including principal of
$1,300,112.00 and interest of$136,500.40, is $1,436,612.40.
Street Department
530190- 1020 -12430 (1 month)
Capital Outlay No's.: 9, 13 & 15
Bid Items No's: 1, 2 & 3
Solid Waste Department
530190- 1020 -12511 (1 month)
Capital Outlay No.: 21
Bid Item No.: 4
Water Department
530190- 4010 -31505 (1 month)
Capital Outlay No's.: 47, 48, 49 & 53
Bid Items No's.: 5, 6, & 7
530190- 4010 -31520 (1 month)
Capital Outlay No's.: 40, 44, 45 & 46
Bid Items No's.: 6 & 8
FY 08 -09
$6,102.00
$4,526.87
$6,512.21
$6,802.46
Total Amount: $23,943.54
The above amounts represent one (1) month of lease purchase
payments required to support these awards. Funds for
FY2009/2010 will be requested through the normal budget
approval process.
Micha arrera
Assistant Director of Financial Services
-12-
CITY OF CORPUS CHRISTI
PURCHASING DIVISIONS
BUYER: GABRIEL MALDONADO
COUNCIL DATE: MARCH 24, 2009
DESCRIPTION
BID TABULATION
BID INVITATION NO. BI -0108 -09
HEAVY TRUCKS
Grande Truck Center
San Antonio, Texas
Corpus Christi Freightliner
Corpus Christi, Texas
SanTex Truck Center
Corpus Christi, Texas
OTY UNIT
Unit Extended
Price Price
1. Series (HT -3) 26,000 lbs. GVWR,
Crew -Cab and Chassis, 120 inch
cab -to -axle, with Flat Bed Cone
Body (Dutec Cone Body or
approved equal).Color -White.
Street Department
2. Series (HT-4) 33,000 lbs. GUAR,
Standard Cab and Chassis, 84 inch
cab-to -axle, with a ( Dutec Asphalt
Body or approved equal).Color-
White. Street
Department
3. Series (HT-4) 33.000 lbs. GVWR,
Standard Cab and Chassis, 72 inch
cab - to-axle, with a 5 -7 cu. yd. Dump
Body. Color - White.
Street Department
4. Series (HT-4) 33,000 lbs. GVWR,
Standard Cab and Chassis, 150
inch cab- to -ade, with a Brush Dump
Body (Dutec Body #DBB2096 -72-
HTR or approved equal).Color-
White.
Solid Waste Department
5. Series (HT-4) 33,000 lbs. GVWR,
Standard Cab and Chassis, 72 inch
cab- to-aide, with a 5 -7 cu. Yd.
Dump Body. A ladder shall be
mounted on the right front side of
the dump body. Color -White.
Water Department
6. Series (117-4) 33,000 lbs. GVWR,
Crew -Cab and Chassis, 84 inch cab
to -axle, with Service Body (RKI
E84DW94 or approved equal).Color
White.
Water Department
7. Series (HT-4) 33,000 lbs. GVWR,
Crew -Cab and Chassis, 84 Inch cab
to-axle, with a Crane Service Body
(RKI- C84DW94 or approved
equal).Color -White.
Water Department
8. Dump Truck, 52,000 lbs. GVWR,
108" CT, with 10 -12 cubic yard
dump body. Color -White
Water Department
TOTAL AWARD:
GRAND TOTAL:
1
2
2
3
2
2
1
3
Each
Each
Each
Each
Each
Each
Each
Each
566,983.00 568,983.00
65,388.00 130.778.00
66,793.00 133.588.00
81,935.00 245 805.00
568,249.00 $136.498.00
84,754.00 169,508.00
132,343.00 132,343.00
NO BID
$1,015,499.00
51.300.112.00
Unit Extended
Price Price
$70,835.00 $70,835.00
71 296.00 142,592.00
72 976.00 145,952.00
88063.00 264,189.00
$74,482.00 5148,964.00
93 621.00 187,242.00
141 210.00 141,210.00
87,876.00 263,628.00
$0.00
Unit Extended
Price Price
570,596.00 $70,596.00
71,984.00 143,968.00
73,664.00 147,328.00
88,701.00 266,103.00
575,420.00 $150,840.00
93,607.00 187,214.00
141,196.00 '141,196.00
(1)
94,871.00 284.613,00
5284,813.00
(1) Corpus Christi Freightliner, Corpus Christi, Texas submitted the apparent low bid for line item 8. However, the offer submitted by
Corpus Christi Freightliner does not meet specification requirements regerflarlhe rear suspension, as required in the bid invitation.
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/24/2009
AGENDA ITEM: Ordinance appropriating $31,605.15 from the State of Texas in the NO.
1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training
of police personnel and purchase of training equipment; and declaring an emergency.
ISSUE: Based on the Govemment Code, Section 415.0845, the State of Texas provides
an annual allocation for training of police personnel as well as training equipment. The
funds must be appropriated annually when the check is received.
BACKGROUND INFORMATION: The funds are received from the State as directed by
Govemment Code, Section 415.0845, to make an annual allocation from the Law
Enforcement Officer Standards and Education account to qualified law enforcement
agencies for expenses related to the continuing education of full -time law enforcement
officers and support personnel and any training equipment. The amount of funds received
depends on the number of personnel we have as of January 1 of each year.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
M. J. Walsh
Acting Chief of Police
Attachments: Deposit slip
Letter from Texas Comptroller of Public Accounts
-17-
TEXAS COMPTROLLER Of PUBLIC ACCOUNTS
P.O. Box 13528 • AUSTIN. TX 78711.3528
February 27, 2009
CITY OF CORPUS CHRISTI POLICE DEPARTMENT
PO BOX 9016
CORPUS CHRISTI TX 78469-9016
Vendor number: 17460005741 -051
Enclosed is your annual allocation payment from the Law Enforcement Officer
Standards and Education (LEOSE) account in the amount of $ 31,605.15.
This payment must be used as necessary to ensure the continuing education of
persons licensed under Chapter 1701, Occupations Code, or to provide necessary
training, as determined by the agency head, to full -time, fully paid law
enforcement support personnel in your agency.
Your agency must maintain a complete and detailed record of all money received
and spent. All money received is subject to audit by the Comptroller of Public
Accounts and all money spent is subject to audit by the State Auditor.
The Comptroller is directed by the Occupations Code, Section 1701.157 to make an
annual allocation from the LEOSE account to qualified law enforcement agencies
for expenses related to the continuing education of persons licensed under
Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally
among the qualified agencies. The remaining 80 percent is allocated on the
basis of the number of eligible law enforcement positions each agency had as of
January 1 of the preceding calendar year.
An eligible law enforcement position is defined as one held by a person
licensed under Chapter 1701, Occupations Code, who works as a peace officer or
licensed jailer on the average of at least 32 hours a week, is compensated by
a political subdivision of the state at the minimum wage rate or higher, and
is entitled to all employee benefits offered to a peace officer.
To receive your agency's share of the LEOSE account in 2010, you must complete
and return the enclosed Law Enforcement Officer Standards and Education
Account 2010 Allocation Basis form to us no later than April 24, 2009.
The information provided on this form must be accurate and returned timely to
our office to ensure the correct allocation of the LEOSE account.
Please call us toll free at 1- 800 - 531 -5441, extension 3 -4530, if you have any
questions or if we can be of assistance. The Austin number is 512/463-4530.
Enclosures
—18—
Form 40-305 (RevA -07/4)
r•
¶Bxtts trrtiatrefiler of Public jAccnunts
TREASURYWARRANT NO.
119096342 FEBRUARY 26, 2009
022509 0116 902 9P090558 17460005741 051
PAYING AGENCY: 512- 463 -4561 COMPTROLLER — STATE FISCAL
PAY THIRTY ONE THOUSAND SIX HUNDRED FIVE DOLLARS AND 15/100
Hold luluhddlulduldull 11111 Ildhndld
TO CITY OF CORPUS CHRISTI POLICE DEPARTMENT
PO BOX 9016
CORPUS CHRISTI, TX 78469 -9016
VOID AFTER
08/31/2011
0'30411' u:LL4900L64u:
us J,c1096342"
119096342
531,605.15
4,44_ appts--
THE STATE OF TEXAS PAYMENT INFORMATION
INVOICE NO.
INV. DATE INVOICE DESCRIPTION
PEACE OFF ALL PEACE OFFICER ALLOC
DOC. NO. INVOICE AMOUNT
9P090558 531,605.15
PAYING AGENCY: COMPTROLLER - STATE FISCAL
PAYING AGENCY PHONE NO: 512- 463 -4561 PAYING AGENCY NO: 902
PAYMENT INFORMATION I5 AVAILABLE ON THE INTERNET OR BY FAX AT:
WWW.WINDOW.STATE.TX.US /FM /PAYMENT/
DIRECT DEPOSIT - IT GOES TO THE BANK FOR YOU.
PLEASE DIAL (5127 936 -8138 TO SIGN -UP TODAY!
PAYEE NO: 17460005741 051 PAYEE NAME: CITY OF CORPUS CHRISTI POLICE DEPARTMENT
WARRANT NO: 119096342 ISSUE DATE: 02/25/2009 WARRANT TOTAL:
N 119096342
— NOT NEGOTIABLE —
-19—
531,605.15
Detach here before depositing —�
CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed
Dept:libtEil p ared/Reviewed by /4/ t)0. Gd Date:3
Ext: aci3 Bank Bag #: 155 7.V
92190
* PAY
CODE
ACCOUNT
FUND
ORG.
PROJECT/
GRANT
BUDGET
YEAR
AMOUNT
REMARKS
(33
11
99
icl
95
951
s i icto
song.
5.aoorro
3�1a5
30g80
Z02_71.,""
lad
tc2a0
1ois)
L�
Pat
1Po
exto
lam(
1L` 9P
u140
111Oo
bicto
82;c2,
22 - cf1
22-07
'?a"9
92-D9
at- 09
a2 4)1
I►L @c._l ,-
80 .PP
90._C0.
Lct _c»»'
.v0.= '
110Q.Oil
LEose eA
Pmm • dill
i�yrni.
`v�
eo- h
DkT- e
ra ei
ad'u?indic
CASH VERIFICATION COUNT
CURRENCY $100s
$ 50s
$ 20s
$ IOs
$ 55
$ Is
AMOUNT
COIN . $0.50 $
$0.25 $
$0.10 $
$0.05. 5
$0.01 $
CASH SUBTOTAL
CHECK TOTAL (include tape)
SUBTOTAL
CREDIT CARD (include tape)
GRAND TOTAL
* If you have inserted a 2 -digit Payment Code in the
first column, leave the remaining columns blank.
If you have not inserted a Payment Code in the first
column, you must complete the remaining columns.
(Le., Account, Fund, Org., Project/Grant, Budget Year,
Amount, and Remarks.
WHITE/YELLOW — CENTRAL CASHIERING
PINK — DEPARTMENT COPY
—20—
$ Jtid•
$" /5
saki Litt pc
$ 3 c
FUNDS - DEPOSIT TICKET
DEPARTMENT: 1�`l -.Cr- v77 yl
Deposit Ticket D -te
Prepared By
06/97 COMBINED
CITY OF CORPUS CHRISTI
P.O.BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Frost National Bank
Receipt # / Check#
Acct.
Entered by /Date:
Reviewed by/Date:
Fund
Org. No. Prj. /Grt.
Amount
CHECKS MID OTHER ITEMS ARE RECEIVED FOR DEPOSIT SUBJECT TO THE
TERMS AND CONDITIONS OF THIS FINANCIAL INSTITUTION'S AGREEMENT.
08 2567811' 1:11 L40000931:
66 401279811'
C
A
S
H
C
H
E
C
K
S
825678
CURRENCY
COIN
590 ;CO
TOTAL
20
3'1,';(60 6
ORDINANCE
APPROPRIATING $31,605.15 FROM THE STATE OF TEXAS IN THE
NO. 1061 POLICE GRANTS FUND -LAW ENFORCEMENT OFFICER
STANDARDS AND EDUCATION FOR TRAINING OF POLICE
PERSONNEL AND PURCHASE OF TRAINING EQUIPMENT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $31,605.15 is appropriated in the No. 1061 Police Grants Fund -
Law Enforcement Officer Standards and Education from the State of Texas for training
of police personnel and purchase of training equipment.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the day of March, 2009.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form. arch 4, 2009
T. Arisha Dang
Assistant City Attorney
For City Attorney
—22—
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, I /we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
—23—
4
AGENDA MEMORANDUM
City Council Action Date: March 24, 2009
SUBJECT: Neighborhood Street Reconstruction, Part D - Clusters 1, 2, 3, 5 & 7
Project No. 6368 / CIP No. ST 11 — Bond 2004
CHANGE ORDER NO. 16
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change
Order No. 16 to the construction contract with Haas - Anderson Construction, Ltd. of Corpus
Christi, Texas, in the amount of $121,157.05 for a revised contract amount of
$9,176,918.22 for Neighborhood Streets Clusters 1, 2, 3, 5 and 7 for additional material
quantities required to close out the project.
ISSUE: In December 2006, Haas - Anderson Construction was awarded the contract for the
total reconstruction of several streets throughout the city, including new curb and gutter,
sidewalks, driveway approaches and utility improvements. This change order is being
proposed in order to reconcile all the estimated construction quantities in the plans versus
all the actual quantities in the project.
The largest part of the change order is for removing and replacing more driveways than
were originally estimated. The reasons include that the conditions of the driveways
changed substantially from the time that they were surveyed until the construction actually
began, which was over two years. In addition, the sidewalk portion across each driveway
was constructed to be in compliance with the Americans with Disabilities Act, and
improvements were made to ensure proper drainage.
FUNDING: Funding is available through the Capital Budget FY 2009.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Change Order Summary
Exhibit "D" Location Map
H: WOMERateIIe \GEMStreets16368- Neighborhood StreetMConstruction\CO No. 1672rwaiNemo.tloc
AGENDA BACKGROUND INFORMATION
SUBJECT: Neighborhood Street Reconstruction, Part D - Clusters 1, 2, 3, 5 & 7
Project No. 6368 / CIP No. ST 11 — Bond 2004
CHANGE ORDER NO. 16
PROJECT DESCRIPTION: This project consists of street and associated utility
improvements for the Neighborhood Street Improvements, Clusters 1, 2, 3, 5 & 7. The
work consists of total street reconstruction with new curb and gutter, sidewalks, driveway
approaches and utility improvements. This construction contract was awarded to Haas -
Anderson Construction on December 12, 2006. It involved reconstruction of the following
street sections:
STREET SECTION
FROM
TO
CLUSTER 1: Riverside Area (Behind Calallen HS Area)
Teague Lane
Calallen Drive
Wildcat Drive
River Canyon Drive
Teague Lane
DE past Exchequer
Paddlewheel Drive
River Valley
River Ridge
Exchequer Drive
River Canyon
River Valley
River Valley Drive
River Ridge
DE past Exchequer
Dockside Circle
Exchequer Drive
Dead End S.
CLUSTER 2: Nueces Bay / Buddy Lawrence Area
Antelope
Nueces Bay Blvd
Stillman
Buffalo
Buddy Lawrence
1 -37
CLUSTER 3: South Port / Greenwood Area
Nimitz
Eisenhower
McArthur
Halsey
Eisenhower
McArthur
Montgomery
Eisenhower
McArthur
Guadalupe
Eisenhower
McArthur
Guadalupe
Sarita
Niagara
Nogales
Eisenhower
McArthur /Sarita to Crosstown
Presa
Eisenhower
McArthur /Sarita to Crosstown
Eisenhower
Nimitz
Boliva
Mc Arthur
Nimitz
Belton
Niagara
Bolivar
Guadalupe
CLUSTER 5: Holly / Kostoryz Area
Sylvan Crest
Crest Willow
Kostoryz
Crest Willow Drive
Crest Colony
Crest Veil
Crest Valley Circle
Crest Pebble east
Crest Willow to end
Crest Veil Drive
Crest Willow
Crest Water
Crest Water Drive
Hill Crest
Kostoryz
Chinaberry Lane
Hill Crest
Blue Water
—28—
II EXHIBIT "A" I)
Seahawk Drive
Hill Crest
Blue Water
Hill Crest Drive
White Bird
Crest Water
White Bird Drive
Elderberry
Kostoryz
Southern Sun Drive
Blue Water
End of street
Elderberry Lane
White Bird
Blue Water
Blue Water Drive
Elderberry
China Berry Drive
Crest Colony Lane
Crest Pebble
Sylvan Crest Drive
Crest Pebble Drive
Crest Colony
Crest Water
CLUSTER 7: Nile Area
Nile Drive
Pharaoh
SPID
CHANGE ORDER NO. 16 DESCRIPTION: The change order, which affects all five
clusters, is a reconciliation of all the estimated quantities versus all the actual quantities in
order to close out the project. The largest part of the change order is for removing and
replacing more driveways than were originally estimated. The actual change order
quantities are shown in Exhibit "C ".
City ordinance allows driveways to range in size from a minimum of 10 feet to a maximum
of 35 feet in width. Therefore, the amount of area for each additional driveway can range
from 14.0 S.Y (for a 10 -foot driveway) up to 44.5 S.Y. (for a 35 -foot driveway) for these
particular clusters. A breakdown of the additional driveways is as follows:
> Cluster 1: Riverside Area — No overruns for driveways.
> Cluster 2: Nueces Bay /Buddy Lawrence Area - Overrun of 13 S.Y.
> Cluster 3: South Port/Greenwood Area - Overrun of 1,530.22 S.Y. The plans call for
the removal and replacement of 220 different driveways of all sizes, with between 34
and 109 additional driveways. Therefore, the increase is between 15% and 50% in the
number of driveways.
> Cluster 5: Holly / Kostoryz Area - Overrun of 233.03 S.Y. The plans call for the removal
and replacement of 136 different driveways of all sizes, with between 5 and 16
additional driveways. Therefore, the increase is between 4 % and 12% in the number of
driveways.
> Cluster 7: Nile Area - No overruns for driveways.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, 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 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 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
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.
—29—
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Neighborhood Street Reconstruction, Part D - Clusters 1, 2, 3, 5 & 7
Project No. 6368 / CIP No. ST 11 - Bond 2004
CHANGE ORDER NO. 16
PRIOR COUNCIL ACTION:
1. November 10, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residence homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi. (Ordinance No. 026022)
2. May 5, 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in
the amount of $721,350.00 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7. (Bond 2004). (Motion No. 2005 -136)
3. December 12, 2006 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Haas Anderson Construction of Corpus Christi, Texas, in
the amount of $8,655,194.55 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7. (Bond 2004) (Motion No. 2006 -404)
4. December 12, 2006 - Motion authorizing the City Manager, or his designee, to execute
a Construction Materials Testing Contract with Fugro Consultants of Corpus Christi,
Texas, in the amount of $61,418.75 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7. (Bond 2004) (Motion No. 2006 -405)
5. December 12, 2006 - 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 $218,900, for a total restated fee of $940,250,
for the Neighborhood Street Reconstruction Project Clusters 1, 2, 3, 5, & 7. (Bond
2004) (Motion No. 2006 -406)
6. March 25, 2008 - Motion authorizing the City Manager or his designee to execute
Change Order No. 8 to a construction contract with Haas - Anderson Construction in the
amount of $146,532 for the Traffic Congestion Management program for an alternate
access road in and out of Moore Plaza. (Motion No. 2008 -078)
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000 -08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000-
08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
4. March 23, 2001 - Letter of Notification to the Request for Qualifications (RFQ) No.
-30-
2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
5. May 17, 2007 - Administrative approval of Change Order No. 1 to the construction
contract with Haas - Anderson Construction in the amount of $20,687.25 for a revised
contract amount of $8,675,881.80 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for additional subgrade excavation and preparation on Nile Drive
(Cluster 7) and to reconcile estimated quantities versus as -built quantities on Cluster 1.
(Bond 2004)
6. June 13, 2007 - Administrative approval of Change Order No. 2 to the construction
contract with Haas - Anderson Construction in the amount of $24,320 for a revised
contract amount of $8,700,201.80 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for the unanticipated removal and replacement of 160 square
yards of concrete driveway. (Bond 2004)
7. June 26, 2007 - Administrative approval of Change Order No. 3 to the construction
contract with Haas - Anderson Construction in the amount of $24,750 for a revised
contract amount of $8,724,951.80 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for unanticipated removal and replacement of 2,200 square feet
of concrete sidewalk. (Bond 2004)
8. November 19, 2007 - Administrative approval of Change Order No. 4 to the
construction contract with Haas - Anderson Construction in the deductive amount of
$52,017.50 for a revised contract amount of $8,672,934.30 for the Neighborhood Street
Reconstruction Project Clusters 1, 2, 3, 5, & 7 because some of the proposed water
line on Buffalo Street had already been installed by the developer of the Red Roof Inn
site. (Bond 2004)
9. December 5, 2007 - Administrative approval of Change Order No. 5 to the construction
contract with Haas - Anderson Construction in the amount of $23,691.25 for a revised
contract amount of $8,696,625.55 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for additional construction to ensure proper drainage adjacent to
sidewalks and driveways. (Bond 2004)
10. December 5, 2007 - Administrative approval of Change Order No. 6 to the construction
contract with Haas - Anderson Construction in the amount of $24,060 for a revised
contract amount of $8,720,685.55 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for reflective pavement markers and additional sidewalk
removed and replaced in Cluster 3 to ensure proper drainage. (Bond 2004)
11. January 10, 2008 - Administrative approval of Change Order No. 7 to the construction
contract with Haas - Anderson Construction in the amount of $23,910.58 for a revised
contract amount of $8,744,596.13 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for new frames and covers for existing manholes, new inlet tops
and additional driveway removed and replaced in Cluster 3 to ensure proper drainage.
(Bond 2004)
12. March 19, 2008 - Administrative approval of Change Order No. 9 to the construction
contract with Haas - Anderson Construction in the amount of $24,000 for a revised
contract amount of $8,915,128.13 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for additional concrete sidewalk in Cluster 3. (Bond 2004)
13. April 1, 2008 - Administrative approval of Change Order No. 10 to the construction
contract with Haas - Anderson Construction in the amount of $24,006.79 for a revised
contract amount of $8,939,134.92 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 to remove concrete pavement in Cluster 5 and for additional
-31-
H9 HOMEVtarhelle \GEN18treets\8388- Neighborhood Slroots\Construclion \CO No. 18 \Prior Aclions.00c
curb and gutter in Cluster 5. (Bond 2004)
14. May 27, 2008 — Administrative approval of Change Order No. 11 to the construction
contract with Haas - Anderson Construction in the amount of $24,000 for a revised
contract amount of $8,963,134.92 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for additional concrete driveways to ensure proper drainage in
Cluster 5. (Bond 2004)
15. June 23, 2008— Administrative approval of Change Order No. 12 to the construction
contract with Haas - Anderson Construction in the amount of $24,000 for a revised
contract amount of $8,987,134.92 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for additional concrete sidewalk to ensure acceptable walking
and drainage conditions in Cluster 5. (Bond 2004)
16. June 25, 2008— Administrative approval of Change Order No. 13 to the construction
contract with Haas - Anderson Construction in the amount of $22,592.75 for a revised
contract amount of $9,009,727.67 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for reconciliation of plan quantities versus as -built quantities in
Cluster 2. (Bond 2004)
17. July 25, 2008 — Administrative approval of Change Order No. 14 to the construction
contract with Haas - Anderson Construction in the amount of $22,796 for a revised
contract amount of $9,032, 523.67 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 for reconciliation of plan quantities versus as -built quantities for
wastewater items in Cluster 3 and a partial reconciliation of street items for Cluster 3.
(Bond 2004)
18. August 12, 2008 — Administrative approval of Change Order No. 15 to the construction
contract with Haas - Anderson Construction in the amount of $23,237.50 for a revised
contract amount of $9,055,761.17 for the Neighborhood Street Reconstruction Project
Clusters 1, 2, 3, 5, & 7 to eliminate unused items from water and wastewater and to
add more curb and gutter to ensure proper drainage in Cluster 5. (Bond 2004)
—32—
EXHIBIT "B"
Page 3 of 3
Department of Engineering Services
Change Order Summary Sheet
March 24, 2009
PROJECT: Neighborhood Street Reconstruction - Bond Issue 2004
Part D - Clusters 1, 2, 3, 5 & 7
Project No: 6368
APPROVED: City Council on 12/12/06, Motion No. M2006 -404
CONTRACTOR: Haas - Anderson Construction, Ltd.
1402 Holly Road
Corpus Christi, TX 78467
TOTAL CONTRACT AMOUNT
25% Limit Amount
Change Order No. 1 (5/17/07)
Change Order No. 2 (6/13/07)
Change Order No. 3 (6/26/07)
Change Order No. 4 (11/19/07)
Change Order No. 5 (12/5/07)
Change Order No. 6 (12/5/07)
Change Order No. 7 (1/10/08)
Change Order No. 8 (Council Approved 3/25/08)
Change Order No. 9 (3/19/08)
Change Order No. 10 (4/1/08)
Change Order No. 11 (5/27/08)
Change Order No. 12 (6/23/08)
Change Order No. 13 (6/25/08)
Change Order No. 14 (7/25/08)
Change Order No. 15 (8/12/08)
Change Order No. 16 (Pending Council Approval)
Total
$8,655,194.55
2,163, 798.64
H:WOME1RetlnlIMGEN Street &5388 - Neighborhood Streets \ConsWGion \CO No. 161eh32 cyder Summary.doc
20,687.25
24,320.00
24,750.00
(52,017.50)
23,691.25
24,060.00
23,910.58
146,532.00
24,000.00
24,006.79
24,000.00
24,000.00
22,592.75
22,796.00
23,237.50
121,157.05
521,723.67 = 6.03% < 25%
CHANGE ORDER
Department of Engineering Services
City of Carpus Christi, Texas
CIIANGE ORDER NO: 16 PROJECT NO: 6368 CONTRACT T13IE: 570 C.D.
• Operating Department Engineering Services DATE: February 2, 2009
Name of Project: Neighborhood Streets Clusters 1, 2. 3, 5 & 7
Contractor: Haas- Anderson Construction, Ltd.
CHANGE ADD DEDUCT
SEE ATTACHED:
Why was this change necessary? (If left off the plans and specifications, explain why)
This is a reconciliation of estimated quantities versus actual quantities constructed on all street clusters.
How can similar changes be avoided in the future? Unavoidable. During construction, additional driveway was removed and
replaced to produce a project that is much more satisfying to the citizens..
A. CONTRACT PRICE S 8.655.194.55
13. TOTAL CHANGE ORDER (inc. current) S 521.723.67
C. NEW CONTRACT PRICE S 9.176.918.22
D. THIS CHANGE ORDER S 121.157.05
E. PERCENT TOTAL CHANGE (3 /A) 6.03%
P. PREVIOUS ADDN'L TIME AUTHORIZED 90 C.D.
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER-0-
H, TOTAL ADDITIONAL TIME...
CITY OF CORD CHRIST I TEXAS
By; , By:
City Engineer
Title:
APPROVED. Operating Department
Capital Budget Officer
SAm) Legal Department
90 C.D.
-34-
I EXHIBIT "C"
ADD DEDUCT
A. Add the fallowing quantities to the bid items:
A -1. Removal —
298 L.F. @ $45.00/L.F. $13,410.00
A -6. Remove and Replace Concrete Driveway —
1,766.25 S.Y. @ $160.00 /L.F. 282,600.00
A -7. Remove and Replace Concrete Sidewalk —
844 S.F. @ 12.00 /S.F 10,128.00
A10. Concrete Sidewalk —
31 S.F. @ $4.10 /S.F. 127.10
A -14. Type 2 Rehab- Cement Treat 3 % @8 "-
19 S.Y. @ $4.80.S.Y. 91.20
A -21 Concrete Curb Ramp with Truncated
Domes -
1,727 S.F. @ $15.00/S.F. 25,905.00
A -22 Reflective Pavement Mark
(Yellow) (4 ") Solid —
72 L.F. @ $0.50/L.F. 36.00
A -23 Reflective Pavement Mark
(White) (4 ") Solid —
120 L.F. @ $0.50/L.F. 60.00
A -25 Reflective Pavement Mark
(White) (12 ") Solid —
1,201 L.F. @ $4.50 /L.F. 5,404.50
A -34 Unanticipated Remove and Replace
4" Curb and Gutter
214 L.F. @ $41.00 /L.F. 8,774.00
A-44. Reflective Pavement Mark
(Type II — AA) -
32 Ea. @ $6.00/Ea. 192.00
B. Deduct the following quantities from the bid items:
A -3 6" Curb and Gutter —
3 L.F. @ $16.70/L.F. $50.10
A-4 Remove and Replace 6" Concrete
Curb and Gutter
629 L.F. @ $45.70/L.F. 28,745.30
A -5 Remove and Replace 4" Concrete
Curb and Gutter
608 L.F. @ $43.75/L.F. 26,600.00
A -8 Remove and Replace Concrete
Valley Gutter —
21 L.F. (a) $19.25/L.F. 404.25
A -11 Concrete Driveway —
4 S.Y. @ $108.00 /S.Y. 432.00
P.\Z007 GEMA07002 -00 (C) cry OF CC • CONST INSP NEIGHBORHOOD STREET RECONST05- CONTRACTS & CHANGE
ORDERS \ 20090202 Clump Order #I6AWeh.doo —85—
EXHIBIT "C"
Page 3 of 5
A -12 Concrete Header Curb —
92 L.F. @$17.501 L.F. 1,610.00
A -13 Type 1 Rehab — Cement Treat
3 %@ 10 "-
448 S.Y. ® $5.15 /S.Y. 2,307.20
A-I 5 Type 3 Rehab — Cement Treat
3% (4)6"
4,236 S.Y. @ 55.25/S.Y. 22,239.00
A -16 One Course Surface Treatment —
2,148 S.Y. @$1.90 /S.Y. 4,081.20
417 8' Mill (0" -2 ") —
3,841 S.Y.@ $2.95/S.Y. 11,330.95
418 1.5" HMAC, Type D
1,625 S.Y. @ $7.75/S.Y. 12,593.75
A -19 2" HMAC, Type D —
135 S.Y. @ $9.80 /S.Y. 1,323.00
A -20 2.5" HMAC, Type D
122 S.Y. @ $12.25/S.Y. 1,494.50
A -24 Reflective Pavement Mark
(White) (8 ") Solid —
3 L.F. @ $1.30/L.F. 3.90
A -26 Reflective Pavement Mark
(White) (24 ") Solid —
305 L.F. @ $9.00/L.F. 2,745.00
A -29 Reflective Pavement Mark
(Type II —B)-
36 Ea. @ $7.60/Ea. 273.60
A -31 Adjust Valves —
11 Ea. @ $1,270.00/Ea. 13,970.00
A -32 Adjust Manhole —
15 Ea. ® $2,025.00/Ea. 30,375.00
A -33 Unanticipated Remove and Replace
6" Curb and Gutter
7 L.F. @ $44.50/ L.F. 311.50
A -35 Unanticipated Remove and Replace
Concrete Driveway —
74 S.Y. @152.00/S.Y. 11,248.00
436 Unanticipated Remove and Replace
Concrete Sidewalk —
670 S.F. @$11.25/S.F. 7,537.50
A -37 Unanticipated Sidewalk Drain —
1 Ea @ $1,500.00/Ea. 1,500.00
442 Ozone Day —
4 Ea @ $2,500.00/ Day 10,000.00
PA2007 GEM07002 -00 (C) CITY OF CC • CONST INSP NEIGHBORHOOD STREET RECONST\AS.CONTRACrS & CHANGE
ORDERS)200902 02 Change Order 016 Atuchdoc
—36—
IEXHIBIT "C" I
Pane 4 of 5
C. Add the following bid items to the contract:
A -47 Credit for Field Office —
18 Mo. @ $500.00/Mo.
A -48 Credit for Sodding —
6,772 S. Y. @ $3.75 /S.Y.
(9,000.00)
(25,395.00)
Subtotal $312,332.80 $191,175.75
NET ADD 1121,1i
-37-
File : \ Mproject \councilexhibits \exh6368b.dwg
Ha .:I
Baze re
Par
OG RIVER
CANYON
DR.
CALALLEN HIGH
SCHOOL
z
w
to
w
1. RIVER RIDGE DR
2. PADDLEWHEEL DR
3.STEAMBOAT LN
CITY PROJECT NO. 6368
VICINITY MAP
NOT TO SCALE
Et
w
RIVERSIDE AREA CLUSTER 1
(North of Calallen High School)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 5
DATE: 03-09-2009
File : \ Mproject \councilexhibits \exh6368b.dwg
NUECES BAY /BUDDY LAWRENCE
AREA CLUSTER 2-39-
CITY
3s-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 5
DATE: 03 -09 -2009
°-
IMP
File : \Mproject \councilexhibits \exh6368b.dwq
TDMHMR
Corpus Christi
State School
CITY PROJECT NO. 6368
VICINITY MAP
NOT TO SCALE
SOUTH PORT /GREENWOOD AREA
CLUSTER 3
—40—
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 3 of 5
DATE: 0.3-09-2009
NNW MS
.••
File : \Mproject \councilexhibits \exh6368b.dwg
Crestmont
ParV
1. CREST WILLOW DR
2. CREST VALLEY CIR
3. SYLVAN CREST DR
4. CREST VEIL DR
5. HILLCREST DR
CITY PROJECT NO. 6368
VICINITY MAP
NOT TO SCALE
,parkvie
Park
HOLLY /KOSTORYZ AREA
CLUSTER 5
-41-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 4 of 5
DATE: 03 -09 -2009
File : \ Mproject \councilexhibits \exh6368b.dwg
NILE AREA CLUSTER 7
-42-
CITY COUNCIL EXHIBIT
CRY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 5 of 5
DATE: 03 -09 -2009
■111, SEMI
NNW
5
AGENDA MEMORANDUM
City Council Action Date: March 24, 2009
SUBJECT: Yorktown Boulevard — Staples to Cimarron Improvements
Project No. 6464 / CIP No. Bond Issue ST 03
AGENDA ITEM: 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 $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid
and construction phase services. (Bond 2008)
ISSUE: The section of Yorktown Boulevard between South Staples Street and Cimarron
Boulevard is currently a rural unimproved two -lane roadway with roadside drainage ditches.
Yorktown Boulevard improvements will consist of the reconstruction and widening of the
existing two -lane roadway to a four -lane divided urban arterial street with bicycle lanes and
storm water improvements, water and pedestrian improvements. The project will also
include off -site storm water improvements.
FUNDING: Funding is available through a reimbursement resolution approved by the City
Council on November 18, 2008.
RECOMMENDATION: Staff recommends approval of the motion as presented.
ater Services
Gustavo onzalez,
Director of Water Se ices
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Contract Summary
Exhibit "D" Location Map
alHOMBRachelleIGEMStreetsl641341orktow0Agencla Memo.doc
—45—
'Zee
Pete Anaya, P.E.
Director of Engineering Services
AGENDA BACKGROUND INFORMATION
SUBJECT: Yorktown Boulevard from Staples to Cimarron (Bond 2008)
Project No. 6464 / CIP No. Bond ST 03
PROJECT DESCRIPTION: The section of Yorktown Boulevard between South Staples
Street and Cimarron Boulevard is currently a rural unimproved two -lane roadway with
roadside drainage ditches. Yorktown Boulevard improvements will consist of the
reconstruction and widening of the existing two -lane roadway to a four -lane divided urban
arterial street with bicycle lanes, including curb and gutter, driveways, storm water
improvements, water improvements, and pedestrian improvements in accordance with
ADA requirements and Texas Accessibility Standards (TAS). Left-turn lanes will be
provided at designated locations. Associated improvements such as off-site storm water
improvements, pavement markings and signage, street lighting (by AEP), and provisions
for temporary traffic controls during construction will also be included.
CONTRACT DESCRIPTION: The consultant, Freese and Nichols Inc., will perform the
following tasks:
Basic Services:
1) Project limits include Yorktown Boulevard from South Staples Street to Cimarron
Boulevard involving existing right -of -way plus acquired parcels of lots to facilitate
the street and pedestrian improvements.
2) Perform field investigation surveys (as authorized by Additional Services) as
required to define specific areas of demolition and new work along with the
applicable parameters required to complete the design memorandum and
construction drawings.
3) Contact Texas One -Call system to locate existing City utilities in the field, and
coordinate with appropriate City operating department.
4) Attend and participate in project kickoff and planning meetings (3 meetings) with
City staff to discuss planning and conceptual design.
5) Review available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
6) Prepare one (1) hard copy and one (1) electronic copy of the design
memorandum (pre -final and final submissions) including data collected,
preliminary drainage calculations, roadway alignment, additional road
requirements (if any) and conceptual cost estimates for the anticipated
improvements and make recommendation to the City staff.
H:WOMEtRachelIMGEM6veetsl6 464- Yorktown1(igenEa Background.tloc
—46—
EXHIBIT "A"
Page 1 of 5
7) Review with City staff, revise and furnish one (1) hard copy and one (1)
electronic copy of the final design memorandum. Obtain approval to proceed to
Design Phase.
8) Participate with staff at one (1) public information meeting (as authorized by
Additional Services). Prepare exhibits as required to illustrate scope of
proposed improvements.
9) Prepare hydraulic analysis based on 5, 25, and 100 -year design storm return
frequency runoff coefficients, time of concentration, rainfall intensity and
drainage areas utilizing WinStorm software. Hydraulic gradient and associated
data will be reflected in the construction drawings.
10) Develop construction drawings in English units in 22" x 34" sheets.
11) Prepare opinion of probable construction costs including contingency amounts.
12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds.
13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare
submittal for City's review depicting pre -final development of the contract
drawings and specifications.
14) Address comments received from the City for the pre -final submittal.
15) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one
(1) reproducible hard copy of the final contract drawings and specifications to the
City for bidding process.
16) Update the opinion of probable construction costs.
17) Provide copy of contract documents along with appropriate fee to the Texas
Department of Licensing and Regulation (TDLR) for review and approval of
accessibility requirements for pedestrian improvements (as authorized by
Additional Services).
18) Provide Bid Phase Services in accordance with Exhibit "A" of the Contract for
Professional Services.
19) Provide Construction Phase Services in accordance with Exhibit "A" of the
Contract for Professional Services.
20) Prepare monthly progress reports for submittal to the City. Monthly progress
reports shall be submitted by the 5th of each month.
21) A/E will coordinate with City and AEP for lighting conduit locations and pole
relocations. Conduit for future City MIS will not be included.
H: 11-1OME\ Rachelle \GEN\StreetM6434- Vorktow,Mgencla Background doc
—47—
EXHIBIT "A"
Page 2 of 5
Additional Services:
PERMITTING
1) Upon receiving authorization from the City to proceed, furnish to the City all
engineering data and documentation necessary for all required governmental
permits as needed to complete the project.
2) Prepare and submit permit applications and associated fees to the appropriate
authorities as required to complete the project.
RIGHT -OF -WAY ACQUISITION SURVEY
1) Establish limits of work area and obtain available reference maps and reports.
2) Research City rights -of -way, easements and property boundaries.
3) Research adjacent subdivision plats.
4) Locate and tie -in street right -of -way.
5) Establish project baseline.
6) Identify parcels required for right -of -way acquisition.
7) Prepare metes & bounds descriptions for right -of -way acquisition parcels.
8) Stake boundaries for right -of -way to be acquired.
9) Provide exhibits for right -of -way acquisition.
TOPOGRAPHIC SURVEY
1) Research horizontal and vertical controls.
2) Pre -plan control survey.
3) Set control points in the field.
4) Establish vertical control points (bench marks) and perform level loops.
5) Establish horizontal control on control points by GPS.
6) Perform topographic survey within proposal street project limits.
7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals.
8) Perform topographic survey and associated cross - sections for proposed off -site
drainage improvements.
HIHOME\Radrelle \GEMStreets 6464NoratownlAgenaa Background doc
—48—
EXHIBIT "A"
Page 3 of 5
9) Locate and tie -in tract boundaries.
10) Locate and tie -in known utilities and structures.
11) Download raw survey field data, copy field notes, reduce data and check results.
ENVIRONMENTAL ISSUES
1) (TBD)
CONSTRUCTION OBSERVATION SERVICES
1) Provide construction observation services as authorized by the City in
accordance with Exhibit "A" of the Contract for Professional Services.
2) Conduct daily site visits to the project site during construction.
3) Prepare daily reports and coordinate site visits with FNI office staff.
4) Provide detailed coordination with City staff during construction.
5) Coordinate construction activities with materials testing laboratory.
PUBLIC INVOLVEMENT PHASE
1) Assist the City in preparing notices, handouts and exhibits for public information
meeting.
2) Assist the City in conducting the public information meeting.
3) Assist the City with follow -up and response to citizen comments.
4) Revise contract drawings to address citizen comments, as directed by the City.
WARRANTY PHASE
Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of
the construction contract. Document the condition and prepare a report for the City
staff of the locations and conditions requiring action.
S.U.E./ HYDRO - EXCAVATION
Upon receiving authorization from the City to proceed, conduct hydro- excavation at
sufficient locations to identify underground utilities. The hydro- excavation process will
conform to Subsurface Utility Engineering (S.U.E.) in accordance with ASCE Standard
H: WGME1 RacMlle\GEMStreets16064- VOridovm Agenda Background.doe —4 9
EXHIBIT "A"
Page 4 of 5
C -I, 38 -02, and shall be in accordance with Section 8 under Additional Services in
Exhibit "A ".
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.
HAHGMEg2etlxllelGEHlStreel5 .6464- VUrkbwn1Agentla Background.doc
—50—
EXHIBIT "A"
Page 5 of 5
PRIOR PROJECT ACTIONS
SUBJECT: Yorktown Boulevard from Staples to Cimarron (Bond 2008)
Project No. 6464 / CIP No. Bond ST 03
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 and Other 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 and Other 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 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
—51—
H: HOME Rachelle \GEMStreets16464- VorklownTriar Actions.doc
CONTRACT SUMMARY
1. SUBJECT: Yorktown Boulevard from Staples to Cimarron (Bond 2008)
Project No. 6464 / CIP No. Bond ST 03
The section of Yorktown Boulevard between South Staples Street and Cimarron Boulevard
is currently a rural unimproved two -lane roadway with roadside drainage ditches. Yorktown
Boulevard improvements will consist of the reconstruction and widening of the existing two -
lane roadway to a four -lane divided urban arterial street with bicycle lanes, including curb
and gutter, driveways, storm water improvements, water improvements, and pedestrian
improvements in accordance with ADA requirements and Texas Accessibility Standards
(TAS). Left -turn lanes will be provided at designated locations. Associated improvements
such as off-site storm water improvements, pavement markings and signage, street lighting
(by AEP), and provisions for temporary traffic controls during construction will also be
included.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A -1 ", to complete the project.
3. SCHEDULE
DAY
DATE
ACTIVITY
Wednesday
March 25, 2009
Begin Preliminary Phase
Monday
June 15, 2009
Draft Design Memorandum Submittal
Tuesday
June 23, 2009
City Review
Monday
July 13, 2009
Final Design Memorandum Submittal
Monday
July 20, 2009
City Review
Tuesday
July 21, 2009
Begin Design Phase
Monday
October 26, 2009
Pre -Final Design Submittal
Monday
November 2, 2009
City Review
Monday
November 23, 2009
Final Design Submittal
Monday
November 23, 2009
City to Acquire All R.O.W. Parcels
Monday
Nov. 23 & Nov. 30 2009
Advertise for Bids
Tuesday
December 1, 2009
Pre -Bid Conference
Wednesday
December 23, 2009
Receive Bids
Monday
February 1, 2010
Begin Construction
Weekday
December 2011
Construction Completion
H: IHGME1 RacheIeGENIS Ireata184 $4- YorktamlCont,act Summary.doc —52—
4. FEES
Yorktown Boulevard - Staples to Cimarron
Fee for Basic Services
Street
Storm
Water
Water
Waste
Water
Totals
1. Preliminary Phase
$57,883.00
$20,581.00
$5,355.00
$0.00
$83,819.00
2. Design Phase
$280,146.00
$99,608.00
$25,920.00
$0.00
$405,674.00
3. Bid Phase
$12,433.00
$4,421.00
$1,150.00
$0.00
$18,004.00
4. Construction Phase
$41,709.00
$14,830.00
$3,859.00
$0.00
$60,398.00
Subtotal Basic Services Fees
$392,171.00
$139,440.00
$36,284.00
$0.00
$567,895.00
Fee for Additional Services (Allowance)
1. Permitting
TxDOT
TCEQ - TPDES Notice/of Intent/Termination
TDLR - ADA/TAS Compliance
U.S. Army Corps of Engineers - NWP
Total Permitting
$5,818.00
$6,178.00
$11,996.00
$1,435.00
$718.00
$2,153.00
$0.00
$0.00
$5,818.00
$1,435.00
$6,178.00
$718.00
$14,149.00
2. ROW Survey
$17,060.00
$6,065.00
$1,580.00
$0.00
$24,705.00
3. Topographic Survey
$58,674.00
$20,862.00
$5,429.00
$0.00
$84,965.00
4. Environmental Issues
TBD
TBD
TBD
TBD
0.00
5. Construction Observation Services
$175,689.00
$62,468.00
$16,255.00
$0.00
$254,412.00
6. Public Involvement Phase
$5,542.00
$1,970.00
$513.00
$0.00
$8,025.00
7. Warranty Phase
$5,224.00
$1,857.00
$483.00
$0.00
$7,564.00
8. S.U.E./ Hydro- Excavation
TBD
$30,278.00
$7,878.00
$0.00
$38,156.00
Subtotal Additional Services Fees
$274,185.00
$125,653.00
$32,138.00
$0.00
$431,976.00
Total Fee
$666,356.00
$265,093.00
$68,422.00
$0.00
$999,871.00
The estimated cost of construction for Yorktown Boulevard - Staples to Cimarron is
$8,230,351 (including $670,180 for off -site storm water improvements). The basic services
fee proposal for this project is $567,895. Therefore, the percentage of design cost to
construction cost is 6.9 %.
H: IHOMEViechellelGEMS lreels16464- VorklownlConvecl Summery.doc
-53-
EXHIBIT "C"
Page 2 of 2
File : \Mproject \councilexh \6464.dwg
YORKTOWN BOULEVARD -
STAPLES TO CIMARRON
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 02 -04 -2009
MOW NM
vMIN
IMMI
6
AGENDA MEMORANDUM
DATE: March 24, 2009
SUBJECT: Texas International Boat Show
AGENDA ITEM:
Motion approving the application from MMD Communication to temporarily close the following
street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as
outlined below for the Texas Intemational Boat Show, event to be held Thursday, April 23, 2009
through Sunday, April 26, 2009.
A. The temporary street closures of northbound lanes of Shoreline Boulevard, including the
medians, from the north curb line of Schatzel Street to the south right -of -way of Taylor Street,
in order to facilitate the set up and tear down of the Texas Intemational Boat Show beginning
at 6:00 a.m. on Saturday, April 18, 2009 until 6:00 p.m. on Monday, April 27, 2009.
B. This includes the entire Peoples Street T Head Water Area encompassing Docks E, F, G,
and H in the Marina, including boat slips and other amenities. The Water Premises include
the northwest point of the Breakwater starting from the Peoples Street T -Head following west
to an equal point on the seawall in line with Taylor Street and a point South on the Peoples
Street T -Head South of dock E to a point on the Seawall in line with Schatzel Street. The
Peoples Street T -Head water access area closure is from April 18, 2009 at 6:00 am through
April 27, 2009 at 6:00 p.m.
ISSUE: Mr. Peter Bryant, President of MMD Communications, has requested the temporary closure
as outlined above be approved by the City Council for the 2009 Texas Intemational Boat Show
pending the Certificate of Insurance two weeks prior to the event.
REQUIRED COUNCIL ACTION: Street closing permits for large public events and closing of the
water access area requires City Council approval.
RECOM ENDATION: Ap , royal of the motion as presented.
/�. 1,1
Sf� avli j
Director of Sark and Rec.
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Site Map
Exhibit "C" Street Closure Application
—57—
Pete Anaya P.E.
Director of Engineering Services
BACKGROUND INFORMATION
Prior Council Action: May 30, 2006; Ordinance No. 26806, City Council approved a lease with MMD
Communications Corporation that outlined the details and requirements associated with the Texas
International Boat Show event.
Background Information:
The Texas International Boat Show will take place at the Corpus Christi Downtown Marina from April
23, 2009 through April 26, 2009, with up to 400 boats both in -water and on -shore ranging in size from
10' to 120' luxury yachts. Exhibits will include marine related products, recreational vehicles and a
new and antique car expo. In addition, a static aircraft display at the Corpus Christi airport, will serve
to make this event one of the largest and most exciting seen in Corpus Christi.
Buyers from across Texas, the USA and Mexico, plus exhibitors from around the world, will combine
to create a unique marketplace offering a relaxed and leisurely environment in which to meet during
this four -day event. Already well known as one of the USA's largest buyers of boats of all shapes and
sizes, Texas is preparing to lure back to Corpus Christi more of the owners who presently sail out of
the eastern and western seaboards.
All traffic control measures have been agreed upon in accordance with the lease agreement. Traffic
control devices and required security personnel will be in place to provide for the safety and
transportation needs of both pedestrians and vehicular traffic.
Arrangements have been made with the Regional Transportation Authority to provide Park and Ride
service from remote parking sites to the event. In addition and in cooperation with the Buc Days
event organizers the Buc Days Celebration will also benefit from the transit services. There will be a
regularly scheduled shuttle between remote parking and the two event sites. Traffic control has been
coordinated to facilitate and expedite the shuttle service.
Mr. Peter Bryant, President of MMD Communications, has requested the subject temporary closures
be approved by the City Council for the 2009 Texas International Boat Show.
EXHIBT "A"
Page 1 of 1
-58-
'i,) TEMPORARY STREET & WATER CLOSURE
EXHIBIT -: " B "
SUBJECT: TEXAS INTERNATIONAL BOAT SHOW
TEMPORARY STREET & WATER CLOSURE
60
- SITE PLAN -
Traffic Engineering Div.
Engineering Services Dept.
Exhibit "C"
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
City of Corpus Christi
APPLICATION FOR PERMIT TO TEMPORARILY CLOSE STREET FOR PUBLIC EVENTS
1. Name of Organization Sponsoring Event: MMD Commmunications Corp
2. Name of Proposed Event: Texas International Boat Show
3. Date of Planned Event: April 23th — 26th 2009 inclusive
4. Key Contact Individual: Marion Daly Phone No. 561 842 8808
5. Street(s) Requested for Closure, Dates and Times of Day:
Street closure requested from 6.00am, Saturday 18th April, 200e through
to 6.00pm,Mondav 27th April, 200Wq 10 consecutive days. (Lease grants
takeover of area from 12.01 am Saturday 18th April — 6.00pm, Monday 27th
April, 200.19see attachment).Street Closure area: Schatzel St. to Taylor
St. on Northbound Shoreline Blvd, including three median and crossover
areas within.
6. Purpose of Event and Detailed Description of Activities Planned:
In the water boat show, 250 boats in the water, 200 boats onshore. RV's,
trucks and cars on the medians on Shoreline, plus small aircraft mock -up.
Friday. 24th and Saturday 25th April, live music from stage on T -Head
between 5.00pm and 7.00pm. Fashion shows from stage on T -Head mid
afternoon Thursday- Sunday incl. Food and beverages sold on site as
well as vendor booths on People's St. Stem and T -Head. US Coastguard,
Texas Parks & Wildlife,CCA, SEA providing educational displays for
families.
7. List foods and beverages to be served:
BBQ sandwiches, hot dogs, pizza, chicken faiitas, teriyaki shrimp, popcorn,
tacos, beer, wine,
sodas and water.
8. Services Requested by the City:
—60—
Trash collection, site cleaning, parking and signage for people with
disabilities in close proximity
to the event, barricades, traffic signs, rest rooms, first aid, drinking water,
additional security.
9. Attach a diagram illustrating in detail the location of booths, stages,
restrooms, first -aid stations, etc., that will be included in the event.
10. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance
#20463, 9/20/88).
11. Attach an official letter of transmittal requesting approval of the event.
12. In consideration of obtaining a permit to close a City street for a public
event, the applicant or sponsoring organization agrees to comply with the
following applicable conditions: As per City council Approved Lease.
A. Admittance to said event shall be free;
B.
C.
All profits derived from the event shall be for charitable causes;
be madc to thc city within sixty (603-days after thc event ends.
D.* Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "D"
E.* Completion of Indemnification Agreement;
F. Provision of a traffic control plan for event, to be coordinated with the
Traffic Engineering Division and Police Department. The City shall be
reimbursed for its installation of all traffic signage and barricading
determined by the City to be necessary for safe control of the event.
G.* Require written notice and notice to be given to tenants and building
managers; and posting of same inside entrances to multi- tenant buildings.
This notice is to be furnished and posted a minimum of 2 week prior to the
required City Council meeting at which the motion to approve the
Temporary Street Closure permit will be considered.
H. Provide adequate number of restroom facilities to accommodate the
anticipated public;
I.* Obtain the appropriate alcohol and food permits required by State and
Local authorities, at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by
sponsor; security shall consist of off -duty City Police officers, or other type
security officially approved by the City.
—61—
K. All construction of booths, stages, displays, electrical services and
plumbing shall comply with City Codes. The final layout of booths shall be
approved by the Director of Parks and Recreation;
L. Provide for potable water within the event site;
M. Provide first -aid stations;
N. Provide continuous cleaning of the site during the event and return it to
pre -event condition after event ends;
0. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure
a safe and successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street
right -of -way.
R. No obliteration or defacing of the street surface or sidewalk; except by
chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in
case of emergency;
U. Carnival -type rides will not be permitted.
V. Building and Electrical permits for a temporary promotional event,
associated construction and Certificate of Occupancy are required.
*Evidence that these conditions have been met must be presented to the
City Traffic Engineer prior to the request being submitted to the City
Council for final approval.
Event Chaim na / anize Signature
Sponsoring Organization
CC6rJo- r LoC
Date Submitted
For more information please contact:
The City of Corpus Christi, Traffic Engineering Division at:
Ph: 361- 826 -3547 • Fax: 361 -826 -3545
1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX
78469 -9277
EXHIBIT A - INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
—62—
INDEMNITY AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES
WHEREAS, Section iii of said standards, entitled Procedure and Permit
Requirements requires a contractor for a permit to close or block any part of a roadway
to file a statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right -of -way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney =s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result of
the granting of this permit.
The Contractor, during the term of operations specified in this Public Right -of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for large
events or $500,000 for small events as required by the Risk Manager of the City of
Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named
as Additional Insured on the policy. Evidence of required insurance coverage with a
Certificate of Insurance furnished to the Traffic Engineering Division prior to the
proposed blockage under this permit.
Witness my (our) hand(s) this date of reior 0 20
Permit Applica rt S+garature
Company Name
Page g g 8
A. Permittee must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Permittee
must not allow any subcontractor to commence work until all similar insurance required of
the subcontractor has been obtained.
B. Permittee must fumish to the City's Risk Manager, Certificate of Insurance, showing the
following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability
policy and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non-
Bodily Injury and Property Damage
renewal, material change or termination is
required on all certificates
Per occurrence aggregate
COMMERCIAL GENERAL LIABILITY
including:
11,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises — Operations
3. Underground Hazard
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Broad Form Property Damage
7. Independent Contractors
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with
copies of all reports of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the
General liability coverage and a blanket waiver of subrogation in favor of the City is
also required.
• If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or between "be"
and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after
"left". In lieu of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non -
renewal or termination is required.
2008 Street Closure Perrnit ins. req.
5 -8-08 ep Risk Mgmt.
Risk Management Representative Approved Insurance Date
-64-
DIVISION 2. TEMPORARY CLOSURE OF STREETS
Sec. 49 -15. Permit required; application.
No streets shall be closed temporarily nor shall any street right -of -way be used in such a
manner as to impede the free flow of traffic without the issuance of a permit by the city
as provided herein. Any sponsor of an event desiring to close one (1) or more streets for
said event shall make application there for on forms furnished by the city containing such
information as the city may require including, but not limited to, the date and location of
the event, the name of the sponsoring organization, the purpose of the event, and a
diagram illustrating the street or streets to be closed and the layout of activities. The
application must be submitted at least twenty (20) working days prior to the event and
must be accompanied by an application fee as hereinafter provided to cover
administrative costs.
(Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988)
Sec. 49 -16. Issuance of permits; classification of events.
Upon the review and recommendation of the application by the city, permits may be
issued for the temporary closure of a street or streets in the following manner:
a) Neighborhood events. For neighborhood events at which no admission is
charged and no items are sold and which require the closure of residential
neighborhood streets for less than twelve (12) continuous hours, permits may be
granted by the city manager or his designated representative. Notice of the
granting of such permits shall be provided the city council. A permit application
fee of one hundred ten dollars ($110.00) is required for such events.
b) Small events. For small events which require the closure of one (1) or more
minor streets adjacent to churches, schools, or other public institutions, not
involving extensive detouring of traffic and not requiring closure for more than
twelve (12) continuous hours, permits may be granted by the city manager or his
designated representative. Notice of the granting of such permits shall be
provided the city council. For the purposes of this section, the term "minor
streets" shall mean any streets other than arterial and collector streets as
classified on the urban transportation plan. A permit application fee of two
hundred dollars ($200.00) is required for such events.
c) Lame events. For all other events, which shall be treated as large events,
including, but not limited to, events which require the closure of one (1) or more
major streets or involve more extensive detouring of traffic, permits may only be
issued by the city manager upon the approval of the city council expressed by
motion. A permit application fee of two hundred dollars ($200.00) is required for
such events.
(Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord. No.
027349, § 5, 7 -24 -2007)
Sec. 49 -17. Conditions and requirements for permit.
Prior to the temporary closure of any street, the sponsor must agree to comply with the
conditions and requirements for such temporary closure imposed by the city including,
but not limited to, the following:
a) All events shall be open to the public and admission shall be free.
b) All profits derived from the event shall be used for charitable purposes.
c) Insurance policies naming the city as an additional insured shall be obtained with
minimum coverage for small events of five hundred thousand dollars
($500,000.00)/five hundred thousga dollars ($500,000.00) /one hundred
thousand dollars ($100,000.00) and for large events of five hundred thousand
dollars ($500,000.00) /one million dollars ($1,000,000.00) /one hundred thousand
dollars ($100,000.00). Certificates evidencing the required coverage shall be
supplied the city at least five (5) days prior to the event.
d) The sponsor shall agree to indemnify and forever save harmless the city from
any claims arising from the event.
e) Sufficient barricades shall be obtained by the sponsor and placed in accordance
with a plan approved by the traffic engineer.
f) (1) Notice required under this section must be furnished and posted at least two
(2) weeks prior to the required city council meeting at which the motion to
approve the permit will be considered.
(2) Standard form of approved written notice required. The applicant/sponsor
must give written notice by using the standard approved form supplied by
the traffic engineer.
(3) Required recipients of written notice.
a. The applicant or sponsor must furnish approved written notice of the
proposed temporary street closure as follows:
1. To all tenants occupying a tenant space of property abutting that
portion of the street to be closed to vehicular traffic; and, in addition,
2. To all building managers and property managers of all multi- tenant
properties abutting that portion of the street to be closed to vehicular
traffic.
3. If the property abutting that portion of the street to be closed to
vehicular traffic is vacant, approved written notice may be mailed to
the property owner's last known address according to the of the
Nueces County Tax Appraisal District's records.
b. Proof of delivery. As part of the permit application process, the applicant
must show the traffic engineer proof of having furnished the written notice
required under this chapter.
c. Hand delivery. Proof of each hand delivery may be shown by providing
the signature of the recipient, along with the recipient's name, address,
and contact information.
d. Certified mail. If written notice cannot be made by hand delivery, proof
may be shown by the receipt of certified mail delivery.
(4) Posting of approved written notice required. The applicant or sponsor must
post the approved written notice on the inside of entrances to multi- tenant
buildings of properties abutting that portion of the street to be closed to
vehicular traffic.
(5) At least two (2) weeks' notice of public meeting required. The applicant or
sponsor's approved written notice of the proposed temporary street closure
shall include notice of the date, time, and location of the city council meeting
at which approval of the permit is scheduled.
g) Adequate restroom facilities must be provided to accommodate the needs of the
public
h) All other permits required by the state or any other public authority must be
obtained by the sponsor at least two (2) weeks prior to the event.
i) All security shall be provided by the sponsor.
j) Any construction of booths, stages, displays, electrical services and plumbing
shall comply with the relevant city codes and shall be in accordance with the
layout approved in the permit.
k) A sufficient supply of potable water shall be supplied within the event site.
I) Adequate first aid stations shall be provided by the sponsor.
m) The sponsor shall provide continuous cleaning of the site during the event and at
the conclusion of the event restore the site to the same condition it was in prior to
the event. Any damaged public property shall be restored by the sponsor upon
conclusion of the event.
n) Vehicles shall be prohibited from parking on grass areas within the street right -of-
way.
o) No paint or other markings shall be permitted which in any way obliterate or
deface any pavement markings.
p) Provision shall be made for the free passage of emergency vehicles into the
event area in case of emergency.
q) City council may authorize a regularly schedule event such as Bayfest or
Buccaneer Days to charge an admission fee.
r) The city council by motion may authorize temporary closure of a street for
producing a historical, cultural, documentary, promotional, or other similar motion
picture, or for conducting a comparable event, which will promote the city. In
addition to the application fee required by section 49 -16, before the permit is
issued the sponsor shall pay the same occupancy charges that would be
required by section 53 -195 for a contractor occupying public right -of -way during
erection, construction or repair of a building. If the city council finds that
producing the motion picture or conducting the event in the city will provide
sufficient favorable publicity and economic benefits to justify waiver, the council
may waive the payment of said occupancy charges and may waive the
requirements of subsections (a) and (b) above.
In addition to the foregoing conditions and requirements, the city may require such
other conditions or requirements as are reasonably necessary to fit the particular
needs of the event in order to ensure the public safety and protect public property.
(Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No. 23128, §
1, 11 -11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8 -28 -2007)
Sec. 49 -18. Reimbursement for costs of the city.
For any event requiring the temporary closure of one (1) or more streets the sponsor
must agree to either
a) Pay to the city four (4) per cent of the gross receipts derived from the event to
defray the public expenses involved in producing the event; or
b) Pay to the city an amount equal to the actual costs and expenses incurred by the
city cleaning the site after the event and any other actual expenses of the city
associated with the event.
(Ord. No. 17651, § 1, 6 -15 -1983)
Sec. 49-19. Reserved.
htto://www.municode.comiresources/qateway.asp?pid=13945&sid=43
Chapter 49 Streets and Sidewalks*
Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19
-67-
Charlie Cardenas
City Traffic Engineer
Engineering Department/Traffic Engineering Division
PO Box 9277
Corpus Christi
TX 78469 -9277
Dear Mr. Cardenas
15th February, 2009
The Texas International Boat Show will again take place at the Corpus Christi Municipal Marina
over the four day period April 23rd -26th, 2009, with 250 boats in the water and 200 boats onshore,
ranging in size from 20ft to 100ft luxury yachts. Exhibits which will include marine related
products, recreational vehicles and a new and classic car expo, in addition to a small aircraft
mock -up, will serve to make this event one of the largest and most exciting seen in Corpus
Christi.
The Texas International Boat Show will commence with the elegant, invitation only, Mayor's
Cocktail Party at the Art Museum of South Texas on the evening of Wednesday, 22nd April, 2009.
On Thursday, 23rd April, 2009 there will be an official opening ceremony at 10.30 am with the
Mayor and dignitaries cutting the ribbon at the People's Street T -Head. The Boat Show will
remain open until 6.00 pm that day. The hours on Friday, 2491 April will be 11.00 am until 7.00
pm. On Saturday, 25th April, the hours will be 10.00 am until 7.00 pm and on Sunday, 26thApril,
the hours will be 11.00 am until 6.00 pm.
The Texas International Boat Show respectfully requests a permit for temporarily closing the
northbound lanes of East Shoreline Boulevard, from the north right -of -way of Schatzel Street
to the south right -of -way of Taylor Street, in order to facilitate the set up and tear down of the
Boat Show. Timings for this closure would be from 12.01 am on Saturday, 18th April, 2009,
until 6.00 pm on Monday, 27th April, 2009, a period of ten consecutive days as per the terms
of the Lease agreement between the City of Corpus Christi and MMD Communications Corp.
For further information on the Texas International Boat Show please visit our website:
www .texasinternationalboatshow.com or call: 561 842 8808.
Yours sincerely
Peter Bryant
President
Bay Pointe, 618 US Highway 1, Suite 400, North Palm Beach, Florida 33408 • Ph: 561.842.8808 • Fax: 561.840.1323
400A North Shoreline, Lawrence Street T -Head, Corpus Christi, Texas 78401
7
AGENDA MEMORANDUM
DATE: March 24, 2009
SUBJECT: Buccaneer Days 2009: Street Closings (8"' Annual Buc Days BBQ Challenge
and Rodeo Festival and Annual Buccaneer Days Carnival)
AGENDA ITEM:
Motion approving the application from Buccaneer Commission to temporarily close the following
street sections for the 8th Annual "Buc Days BBQ Challenge" and the annual "Buccaneer Days
Camival and Rodeo Festival" to begin on Thursday, April 23, 2009 through Sunday, May 3, 2009
(Exhibit B).
A. The temporary half street closure of Water Street between the intersection of Water Street
and Palo Alto Street and approximately 230' ft north of Palo Alto Street and the temporary
street closure of Water Street beginning 60' ft south of Fitzgerald Street to the intersection of
Water Street and Resaca Street; beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00
p.m. Wednesday, May 6, 2009.
B. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald
Street and Southbound Shoreline Boulevard and the intersection of Chaparral Street,
beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009.
The temporary street closure of Resaca Street between the intersection of Resaca Street
and Southbound Shoreline Boulevard and the intersection of Resaca Street and Chaparral
Street, beginning at 8:00 a.m. Friday April 17, 2009 through 5:00 p.m. Wednesday, May 6,
2009.
D. The temporary street closures of north bound and south bound Shoreline Boulevard and the
Barge Dock, between the intersection of Resaca Street and the Art Museum of South Texas,
beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009.
E. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street
and Water Street and the intersection of Palo Alto Street and Southbound Shoreline,
beginning at 8:00 a.m. Friday April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009.
F. In cooperation with the Texas Department of Transportation (Exhibit B), North Broadway
Street, including under US 181 Harbor Bridge, between the intersection of North Broadway
Street and Fitzgerald Street and the intersection of North Broadway Street and Brewster
Street will require temporary closure for staging of professional rodeo cowboys truck/trailers
beginning, 8:00 a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009.
—71—
G. Temporary street closure of north portion of Fitzgerald Street between the intersection of
Fitzgerald Street and North Broadway Street and the intersection of Fitzgerald Street and
Mesquite Street, for staging of professional rodeo cowboys truck/trailers beginning, 8:00
a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009.
ISSUE: The Buccaneer Commission special event necessitates the temporary closure of several
public streets between Palo Alto Street and the Art Museum of South Texas, North Broadway
Street between Fitzgerald Street and Brewster Street and Park Avenue between east and west
Shoreline Boulevard and the Barge Dock. Events Manager, Diana Kayser has requested the
above mentioned street section closures be approved by the City Council for this year "Buc Days
BBQ Challenge and Rodeo@ Festival" and the annual "Buccaneer Days Carnival."
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council
approval.
RECOMMENDATION: Approval of the motion as presented.
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Site Map
Exhibit "C" Street Closure Applications
Exhibit "D" Insurance
Pete Anaya, P.E., Director of Engineering Services
—72—
BACKGROUND INFORMATION
Prior Council Action: In the past Buc Days Rodeo /BBQ festivals were held in and around the
Memorial Coliseum requiring no street closures thus no special event permit was issued,
subsequently City Council approval was not necessary. The Bayfront Development construction
changes the event site location from previous years.
Background Information: Ms. Diana Keyser, Events Manager, has requested temporary street
closures for the "2009 Buc Days BBQ Challenge and Rodeo Festival" an annual "Buccaneer Days
Camival." (Exhibit D. requests the subject streets to be closed beginning April 17, 2009 to allow for
preparatory work; such as, installing food booths, security fencing and electrical work.
The Buc Days Rodeo event will be hosted inside the American Bank Arena while the BBQ
Challenge will be staged just outside its entrance doors on Shoreline Boulevard and the Barge
Dock. The Buccaneer Days Camival will be hosted next to the American Bank Center between Palo
Alto Street and Resaca Street beginning April 17, 2009 through Wednesday, May 6, 2009.
Arrangements have been made with the Regional Transportation Authority to provide Park and Ride
service from remote parking sites to the event. In addition and in cooperation with MMD
Communications event organizers the International Boat Show will also benefit from the transit
services. There will be a regularly scheduled shuttle between remote parking and the two event
sites. Traffic control has been coordinated to facilitate and expedite the shuttle service.
Ms. Diana Keyser, Event Manager, has requested the subject temporary closures be approved by the
City Council for the 2009 Buc Days BBQ Challenge and Rodeo Festival."
EXHIBT "A"
Page 1 of 1
—73—
TRUCK AND TRAILER
PARKING AREA
BREWSTER ST.
UGHES ST
ART
USED
N
SCALE: 1" =350'
BUC DAYS RODEO
BBQ CHALLENGE
EVENT SITE
RESACA ST.
KIDDIE / 81G
RIDES G RIDES
c0
cn
S. CHAPARRAL
PALO ALTO 5T
a
Lai
I-
C
CARNIVAL
AREA
mmar
POWER ST.
n n
KEY
® - STREET CLOSURE
WPM
EXHIBIT "B"
SUBJECT: STREET CLOSURES
BUC DAYS BBQ CHALLENGE & RODEO FESTIVAL
- SITE PLAN -
Traffic Engineering Div.
Engineering Services Dept.
-74-
Exhibit "C"
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
City of Corpus Christi
APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS
1. Name of Organization Sponsoring Event: Buccaneer Commission
2. Name of Proposed Event: Buc Days 2009
3. Date of Planned Event: April 23 to May 3 2009
4. Key Contact Individual _ Diana Kayser Phone No. 361 -882 -3242
5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE
see
attached
6. Purpose of Event and Detailed Description of Activities Planned:
as per the Buc Days Contract — Carnival, BBQ Challenge, PRCA Pro Rodeo, 5K Run
Fireworks, Parades, Bulls Bikes and BBQ and Folkloirico and Maricahi Competetion
7. List foods and beverages to be served: as per Buc Days
Contract
8. Services Requested by the City: barricades, street closures, cones, 150
trash cans, 6 water wickets and water meters.
9. Attach a diagram illustrating in detail the location of booths, stages,
restrooms, first -aid stations, etc., that will be included in the event.
10. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance #20463,
9/20/88).
—75—
ZO'd
d30 Et 60- 9O -UEC'
Permit to Close Street for Public Events 2
11. Attach an official letter of transmittal requesting approval of the event.
12. In consideration of obtaining a permit to close a City street for a public event,
the applicant or sponsoring organization agrees to comply with the following
applicable conditions:
A. Admittance to said cvcnt shall be frcc;
B. All profits derived from the event shall be for charitable causes;
C. Pay the City four - percent (4 %) of the gross receipts derived from event, or
reimburse the City for all costs incurred by the City in support of said event.
Accurate financial records shall be maintained and payment shall be made to the city
within sixty (60) days after the event ends.
D." Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "D"
E. • Completion of Indemnification Agreement;
F. Provision of a traffic control plan for event, to be coordinated with the Traffic
Engineering Division and Police Department. The City shalt be reimbursed for its
installation of all traffic signage and barricading determined by the City to be
necessary for safe control of the event.
G.' Require written notice be given to tenants and building managers; and posting
of same inside entrances to multi - tenant buildings. This notice is to be furnished and
posted a minimum of 2 weeks prior to the required City Council meeting at which the
motion to approve the Temporary Street Closure permit will be considered.
H. Provide adequate number of restroom facilities to accommodate the
anticipated public;
I." Obtain the appropriate alcohol and food permits required by State and Local
authorities, at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by sponsor;
security shall consist of off -duty City Police officers, or other type security officially
approved by the City.
K. All construction of booths, stages, displays, electrical services and plumbing
shall comply with City Codes. The final layout of booths shalt be approved by the
Director of Parks and Recreation;
L. Provide for potable water within the event site;
N. Provide continuous cleaning of the site during the event and return it to pre -
event condition after event ends;
0. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure a
safe and successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street right -
of -way.
R. No obliteration or defacing of the street surface or sidewalk; except by chalk
markings;
—76—
£0-d
.a�n_7r cn_cn_uvr.
170 'd
5. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case of
emergency;
V. Building and Electrical permits for a temporary promotional event, associated
construction and Certificate of Occupancy are required.
* Evidence that these conditions have been met must be presented to the
City Traffic Engineer prior to the request being submitted to the City Council for
final approval.
Highlighted Areas removed from Contract -
Signed: Diana Kayser
Event Chairman /Organizer
Buccaneer Commission
Sponsoring Organization
Date Submitted: 12/19/2008
items "A, M and U" are to be stricken from the permit as
per the Buccaneer Commission agreement with the City of Corpus
Christi .
-77-
dZO =Zt 60- 5o -uec
SO •d
INDEMNITY AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL. MEN BY THESE PRESENTS
WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements,
requires a contractor for a permit to close or block any part of a roadway to file a
statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right -of -way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney =s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result
of the granting of this permit,
The Contractor, during the term of operations specified in this Public Right -of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for
large events or $500,000 for small events as required by the Risk Manager of the
City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be
named as Additional Insures on the policy. Evidence of required insurance coverage
with be a Certificate of Insurance furnished to the Traffic Engineering Division prior to
the proposed blockage under this permit.
Witness my (our) hand(s) this
Diana_Kayser
Permit Applicant
Buccaneer Commission. Inc.
—78—
Company Name
dZO =Zi 60- 90 -uee
90-d
EXHIBIT
INSURANCE REQUIREMENTS
1. PERMITTEE'S LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until he /she has
obtained ail insurance required herein and such insurance has been approved by the
City. Nor may Permittee allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been so obtained.
B. Permittee must furnish to the City's Risk Manager two (2) copies of Certificates
of Insurance, with the city named as an additional insured for all liability policies, and
a blanket waiver of subrogation on all applicable policies showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all certificates
Commercial General Liability Including:
1. Commercial form
Z. Premises - Operations
3. Products completed Operations
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
Bodily Injury and Property Damage
$1,000,000 COMBINED SINGLE LIMIT for large events
Or
$500,000 COMBINED SINGLE LIMIT for small events
AUTOMOBILE LIABILITY —OWNED NON- OWNED OR RENTED
5500,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION
ACT AND PARAGRAPH 11 OF THIS EXHIBIT
5100,000
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager
with copies of all reports of such accidents at the same time that the reports are
forwarded to any other interested parties.
II. ADDITIONAL REQUIREMENTS
A. Permittee must obtain workers' compensation coverage through a licensed
insurance company or through self - insurance obtained in accordance with Texas law.
If such coverage is obtained through a licensed company, the contract for coverage
must be written on a policy and endorsements approved by the Texas Department of
Insurance.
Whether workers' compensation coverage is provided through a licensed insurance
company or through self - insurance, the coverage provided must be in an amount
—79—
d£0; 60- 5O —LIEC
LO'd
sufficient to assure that all workers' compensation obligations incurred by Permitter
will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on
the liability coverage, except for the Workers' Compensation coverage and a blanket
waiver of subrogation on all applicable policies.
• If your insurance company uses the standard ACORD form, the
cancellation clause (bottom right) must be amended by adding the wording
"changed or" between "be" and "canceled ", and deleting the words, "endeavor to ",
and deleting the wording after "left ".
Operations"
required.
The name of the project must be listed under "Description of
At a minimum, a 30 -day written notice of change or cancellation is
C. If the Certificate of Insurance does not show on its face the existence of the
coverage required by items 1.B (1) -(8), an authorized representative of the insurance
company must include a letter specifically stating whether items 1.B (1) -(8) are
included or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
—80—
d£O =ar 60- so -uur
SO-d
INDEMNITY AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements,
requires a contractor for a permit to close or block any part of a roadway to file a
statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right -of -way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney =s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result
of the granting of this permit.
The Contractor, during the term of operations specified in this Public Right -of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for
large events or $500,000 for small events as required by the Risk Manager of the
City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be
named as Additional Insured on the policy. Evidence of required insurance coverage
with be a Certificate of Insurance furnished to the Traffic Engineering Division prior to
the proposed blockage under this permit.
Witness my (our) hand(s) this
Diana Kayser
Permit Applicant
Buccaneer Commission. Inc.
—81—
Company Name
dZO =at 60- 90 -uEC
Feb -06 -09 11:26A
Exhibit "D"
P .01
ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 4,20
^mDUCER (210) 8297634 FAX: (210) B29 -7635
xali£f Insurance
P.O. Box 171225
San Antonio TX 78217 -8225
TNN CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED NY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
NAIC E
D
Buccaneer Coat Aston
P,O.Bax 30404
Corpus Christi TX 78463 -0404
saes (4 Certain Underwriters 8
INSURER E:
INSURER
sagg
INSURER[.
OVERAGES
THE POLICIES OF INSURANCE USMED BELOW
REQUITEMENT. TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY THE POhJC4ES
asITEGATEDMEIS SHOTMI MAY 1AVF RFFV
HAVE BEEN ISSUED TD THE INSURED NAMED ABC E FOR THE POLICY PERIOD INDICATCO. NOTWITHSTANDING ANY
CONTRACT OR OTHER DOCUMENT W111 RESPECT TO WHICH TH8 CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,
DESCRIBED HEREIN 6 SURJFCT TO ALL THE TERMS, EXCLUSIONS AND CONDIHONS OF SUCH POLICIES.
SEDUCED BY PAID MAWR.
I 1
TIM OF N E MAN=
PDJCYNFI1�11
POLICY Renown
1�EMITTI�
PV T MINICSan
^- B
A
X
uAaalTY
CCAMERCAL t. LWFLOY
m6.00115T
24/2009
2/1/2010
PIMn fl MS
$ 1,000.000
s 100,000
Renarreurnman
ICAEIE MADE X OCraR
wow Oran"
s $TCCI.
PERADMLAARV WSW
$ 1,000.000
CIENERAL. AO TE
1 2,000,000
OWL AMMIMI-A-TFI LIMIT AP�PUES� ELM
X PAY I I zt EJAC
PRODICIS- rnwoop AGG
3 2,000,000
mammal.,
_
LABILITY
ANY AUTO
ALL DYNE AU108
RU®
eIJLEDAAOS
COMBYJEDSI Iq.E UMn
TEA =IMO
3
BfpILYNM.P.
nPrep
3
HI®AU106
NIN.wanJTOS
<PLY INJURY
(Per X19
PROPERTY0411AM
(P7rsFFIP)
$
WAGE
LlA flY
ANT MHO
AUTO ONLY - • ACIE)F.NT
4
0111ERTHAN FAN=
E
AUTOM.Y: Y: ADD
—
.-.-
'ME.11114HElIIELLA
OCLTJn
OEpJ01O.E
RETENTION
LIABILITY
CLAM MAX
1
EArJI Can FLNM'F
4
, A1E
i
4
E
1
VEMXIMEOCRAIIMM11011 Mb
EMILENNW Lawny
ANP PROnennewarreaecocunvs
OFIWEREMINIERMOXICIM7
Fps, MPRR1Rse
ENEMA Pialope MCI
•
I tfraill IM
„E L EICHACRICE/IT
E
F OIEEIEE -FA EIEIC
$
Es. DUMA& PPMTt NET
4
MICR
Ii1tlEPllpl OFOP aMTg11RI L0EAMONSNII4CLIMUOLUeOMLS =CM 4111201111141ENTIVIOAL PICRpo113
CERTIFICATE HOLDER
IN5025ATeea.
-82-
e AMC CORPORATION INN
PAP 1 •7
ROAD ANT OF M AVOW OlEI:ItEEO PDIOIQ a MI CEL E° sewn TIE
EJPEMTION UAW INEmor, THE aaas PERRIER vat elos OR TO 1ME
— OATS WRITE' CMOs TO TS 0MITI R
RCATE HOLD= Rao TO TIE LEFT. M
FNLLIE To W 10 MALL Rime NO OaiuncN OR LM :am OP ANY NOD IRON THE
IN7MT®L TIE Napa OR REMEEEMATMEE.
AuI116®REP.- _BRATME
Nitchel1 Kalif f /LINDA �re�y -r
IN5025ATeea.
-82-
e AMC CORPORATION INN
PAP 1 •7
8
CITY COUNCIL
AGENDA MEMORANDUM
March 24, 2009
AGENDA ITEM: RESOLUTION SUPPORTING LEGISLATIVE EFFORTS OF THE
TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) TO MAKE THE TMRS SYSTEM
MORE FINANCIALLY STABLE.
ISSUE: The Texas Municipal Retirement System has initiated legislation during the
81St Legislative Session of Texas that seeks to provide greater financial stability for
the TMRS System. House Bill 360 by Rep. Keumpel and Senate Bill 908 by Sen.
Williams are companion bills filed on behalf of TMRS as a result of approval and
recommendation by the TMRS Legislative Stakeholders Group and ultimately the
TMRS Board.
The proposed legislation seeks to accomplish three goals:
1. Guarantee an annual interest credit of at least 5% to member accounts and
set the annuity purchase rate for retirees at a minimum of 5 %.
2. Allow the crediting of unrealized income.
3. Allow city accounts to receive annual interest at a rate different from the
member rate, including negative interest.
Please see the attached TMRS Legislative Guide for more detailed information.
The TMRS proposal seeks to ultimately protect employee retirement accounts from
the volatility of the market. This bill will place an increased burden on the city
budget as a result of a 5% guaranteed contribution requirement by the city. Yet, the
bill also allows for the city to gain the benefit of greater market returns in excess of
5 %, which provides some balance to the legislation.
REQUIRED COUNCIL ACTION: Approval of the Resolution
CONCLUSION AND RECOMMENDATION: A resolution as requested by Council
is submitted for their approval.
ATTACHMENT: Guide to TMRS for the 81St Texas Legislature
Rudy Garza
Director of Intergovernmental Relations
-85-
Guide to TMRS
Texas Municipal Retirement System
for the 8r
Texas Legislature
February 2009
-86-
What is TMRS?
The Texas Municipal Retirement System (TMRS) was created by the
Texas Legislature in 1947. TMRS does not receive state funds but is
governed by state Iaw.Texas municipalities choose to participate
in TMRS to provide retirement benefits to their employees.
We started out with 9 cities in 1948 and have grown to 827*
participating cities, ranging in size from 1 to 6,304 contributing
members. Our pension fund covers 134,885* active employees
and 32,143* retirees.
TMRS makes a large impact on the Texas Economy. A study by The
Perryman Group in 2006 determined that participation in TMRS affects
the financial well -being of thousands of Texans, and payments through
the system are a notable source of economic growth for communities
across the state.The majority of our retirees live in Texas. The System's
membership, contributions, and payments have expanded in recent
years; in 2006 alone, the impact of TMRS money resulted in $1.32
billion in annual spending and 9,365 permanent jobs.
Cities voluntarily choose to participate in TMRS. Once a city joins the
System, TMRS requires enrollment of all eligible employees of the city.
We provide a menu of plan options for our cities so they can tailor their
particular plan to match their city's needs.
A city that joins TMRS decides on an employee contribution rate
(5, 6, or 7% of gross salary) and the city matching ratio (1:1, 1.5:1, or
2:1) to help fund employees' retirements. Vesting for the majority of cit-
ies is 5 years, and retirement eligibility is 20 years of service at any age,
or 5 years of service and attained age of 60. in addition to these basic
options, cities may add features to their plan; these additional options
include Updated Service Credit (USC), Annuity Increases (COLAs),
service credit for other government employment or military service,
buyback of forfeited TMRS credit, and Supplemental Death Benefits.
All plan decisions and modifications remain in the cities' hands; plan
provisions may be changed only by city ordinance.
* Figures as of 12/31/07, TMRS Comprehensive Annual Financial Report.
Copyright 2008, Texas Municipal Retirement System
This brochure is an informal presentation of information about TMRS and related
issues. If any specific questions of fact or law should arise, the statutes will govern.
TMRS is a registered trademark of the Texas Municipal Retirement System. The TMRS
logo is a trademark of the Texas Municipal Retirement System.
2
-87-
HB360 by Kuempei /SB908 by Williams contain
changes recommended by the TMRS Board of Trustees.
Although TMRS has operated well for 60 years, changes in the
economic markets and the demographics of our membership have led
the TMRS Board ofTrustees to identify legislative changes that will help
ensure the future soundness of the System.
This legislation is the most important
in the 60 -year history of TMRS.
What's in HB360/SB908?
The TMRS Board of Trustees, acting as fiduciaries of the plan, with
the advice of the Legislative Stakeholder Group (LSG), has approved
a short list of changes that need to be made to the TMRS Act.These
changes included in HB360 /SB908 will do three things:
1. Guarantee an annual interest credit of at least 5% to member
accounts and set the annuity purchase rate for retirees at a
minimum of 5%
2. Allow the crediting of unrealized income
3. Allow city accounts to receive annual interest at a rate
different from the member rate, including negative interest
Why is HB360 /SB908 needed?
To allow continued diversification of the TMRS fund and to
improve investment returns
In 2007, the TMRS Board voted to begin diversifying the
System's investments from its traditional 100% investment in
bonds to a diversified portfolio similar to that of other public
retirement systems.
A diversified portfolio will improve the fund's performance
over time and reduce the risk associated with having all assets
in a single type of security. For years TMRS has relied on the
income stream from bonds to pay annual interest. In the
current economic environment, however, the projected income
stream from bonds is lower than at any time in recent history.
To preserve members' benefits and to mitigate future city
contribution rate increases,TMRS is moving to a total market
return -based investment strategy.
-88-
Q To guarantee that member interest rates and annuity purchase
rates will remain at least 5% in the future
Without diversification, member interest rates and annuity
purchase rates (to fund retirements) will fall below 5 %. Although
many members believe that 5% is currently a guaranteed statutory
rate, that is not true. The bill will guarantee a minimum 5% rate.
Q To provide a more robust income stream within acceptable
risk parameters
In 2007, TMRS changed the actuarial cost method that is used to
determine city contribution rates. One effect of this change was
to cause rate increases for cities that have chosen to provide
retiree Cost of Living Adjustments (COLAs) and Updated
Service Credits for active members on an automatic, annually
repeating basis. Without this change, these cities would have seen
their contribution rates increase while the funded status of their
plan decreased. Asset diversification will improve investment
income over time and help keep retirement benefits affordable
for cities while reducing the risk associated with a portfolio
invested entirely in a single class of investment.
• To enable TMRS, over time, to build a strong reserve fund for
the future
One item discussed by the LSG and the TMRS Board that does not
require legislative change is also crucial to the future health of
the System. TMRS maintains a reserve fund now, but with the new
funding structure, the role of a strong reserve policy will be more
important.The Board will work with the Advisory Committee and
the System's actuaries in 2009 to determine a sound reserve policy
for the future. Once established, a reserve fund can help reduce the
volatility of city contribution rates and, in the long term,
provide a basis for equitably sharing future investment returns.
Why is TMRS diversifying investments in an
uncertain financial market?
TMRS is a long -term investor. Although the stock market has been
erratic lately, over time, stocks are expected to outperform bonds,
and a diversified portfolio is the best defense against downturns
in the economy. It is important to note that H6360/SB908 does not
grant TMRS any additional investment authority — the System
-89-
already has statutory authority to diversify its portfolio
into securities other than bonds, provided they are prudent
investments. HB360/SB908 will allow the crediting of interest to
member and city accounts that is appropriate with a total
market return strategy.
What happens if H6360/56908 doesn't pass?
Q Member interest rates will fall below 5%
If TMRS remains mainly in bonds, the income stream will not
support a 5% interest rate over time, and the rate could fall below
5% — possibly as early as 2016. Likewise, the annuity purchase
rate that is used to calculate monthly benefits at the time a person
retires will not be sustainable at 5 %. Rates below 5% represent a
direct benefit reduction for future retirees.
City contribution rates (percentage of payroll) will rise even
higher in the near future
The current actuarial valuation of TMRS is based in part on an
assumption that TMRS investments will earn an average 7% return
over time. Without diversification, the return assumption will
need to be set at a lower percentage. Without assumed future
investment earnings at a 796 rate, city contributions will increase
immediately, beginning with the December 2009 actuarial
valuation. Cities with annually repeating benefits that have
already experienced significant contribution rate increases will
see even higher rates. Some cities that cannot afford the higher
costs may reduce TMRS benefits for members prospectively.
Who helped craft HB360/S13908?
In 2008, TMRS created the Legislative Stakeholder Group (LSG). The
Chair and Vice -Chair of the LSG were TMRS Board members, and the
organizations participating in the LSG included:
• Arlington Professional Firefighters Association
• City of San Antonio
• Combined Law Enforcement Associations of Texas
• Government Finance Officers Association of Texas
• Service Employees International Union - San Antonio
• Texas City Management Association
(cont.)
-90-
► Texas Municipal Human Resources Association
► Texas Municipal League
■ Texas Municipal Police Association
■ Texas State Association of Fire Fighters
■ Several local elected officials
The LSG met throughout 2008 and heard presentations from actuaries,
TMRS staff, and representatives of the Texas County and District
Retirement System, which has similar provisions already in place.
After much discussion, the entire group arrived at a consensus
on recommendations that were presented to and approved by the
TMRS Board.
In recognition of the value of the LSG, in September 2008 the
TMRS Board expanded the Advisory Committee for Retirement
Matters, a group created by TMRS to provide input to the Board
and to enhance communications with members, retirees, and elected
officials. The Advisory Committee now includes representatives from
each of the associations that participated in the LSG.
We believe that the makeup of the LSG and the consensus they
reached created a broad base of support for the TMRS legislative
package.
What about other TMRS issues?
The TMRS Board chose to limit its proposal to the three core items
listed on page 3, but we are aware that other ideas may be brought
forward for discussion or introduced as bills. During the legislative
session, TMRS will act as a resource for other proposals that might
affect the System.
-91-
How do 1 contact TMRS?
Eric Henry
Executive Director and Chief Investment Officer
ehenry@miRS.com
Eddie Solis
Government Relations Director
esolis @rMRs.com
TMRS Headquarters Building
1200 North Interstate 35
Austin, TX 78701
Mailing Address
P.O. Box 149153
Austin, TX 78714 -9153
Toll -free • 800.924.8677
Local (in greater Austin) • 512.476.7577
Fax • 512.476.2903
Website • wwwTMRs.com
TEXAS MUNICIPAL RETIREMENT SYSTEM
-92-
RESOLUTION
SUPPORTING LEGISLATIVE EFFORTS OF THE TEXAS MUNICIPAL
RETIREMENT SYSTEM (TMRS) TO MAKE THE TMRS SYSTEM MORE
FINANCIALLY STABLE
WHEREAS, the City seeks improvements in the benefits it offers to our employees,
including retirement plans, in order to assure a sound and competitive public workforce;
WHEREAS, during the past year, TMRS, which serves the City, conducted a
comprehensive review of its policies, programs, and the corresponding economic
impact on the ability of cities to afford a viable retirement pension plan;
WHEREAS, TMRS has sought the introduction and passage of bills during the 8151
Texas Legislature (2009) that will improve and preserve the strength of the TMRS
pension program by:
(i) Guaranteeing interest credits to employee accounts and the annuity purchase
rate for retirement calculations at not less than 5 %;
(ii) Allowing TMRS to credit unrealized income;
(iii) Allowing city accounts to receive annual interest at a rate different from the
members rate;
WHEREAS, the City has reviewed TMRS' proposal and finds that it protects both
retirees and current municipal employees, and better assures that cities are able to
afford contributions to the TMRS plan; and
WHEREAS, the TMRS proposal will allow continued diversification of the TMRS fund
and improve investment retums;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City of Corpus Christi supports legislation proposed by the TMRS
governing body that will modify the statutes regulating TMRS to:
(a) Guarantee an annual interest credit of at least five percent to member
accounts and set the annuity purchase rate for retirees at a minimum of five
percent.
(b) Allow the crediting of unrealized income to certain accounts.
(c) Allow city accounts to receive annual interest at a rate different from the
member rate, including negative interest.
SECTION 2. The City Manager, or designee, shall convey these positions to members
of the Texas Legislature, Texas Municipal League, and TMRS.
TMRS Resolution 03132009
—93--
ATTEST:
Armando Chapa
City Secretary
APPROVED: 16th day of March, 2009.
R. J$Rp(ning
First As istant City Attorney
For City Attorney
TMRS Resolution 03132009
-94-
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
2
Corpus Christi, Texas
of , 2009
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
TMRS Resolution 03132009
—95—
3
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 24, 2009
AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, Regarding
Lowering the Electronic Utility Payment Processing Fee effective April 1, 2009; providing for
severance; and providing for publication; and, declaring an emergency.
ISSUE: In January 2008, the City Council approved an ordinance establishing an electronic
payment processing fee in the amount of $2.50. The fee, which took effect in February 2008, would
be assessed to residential customers paying with a credit card through the City's online and IVR
(telephone) utility payment applications. Staff informed the City Council that they would monitor
usage and provide an update one year after implementation.
Since implementation of the electronic payment processing fee, the number of transactions through
the City's online and IVR (telephone) utility payment applications have declined, even though the
dollars collected have increased. The fee is based on the costs incurred in providing the online
payment service. Even though the transactions for the past 12 months have declined the bank fees
have also declined, thus reducing the total operating costs. Based on this data, staff recommends
that we lower the electronic payment processing fee from $2.50 to $1.68 effective April 1, 2009.
Staff is working on developing a marketing plan to encourage customers to utilize the online and IVR
utility payment applications. If we are able to move enough users to these online applications, we
should be able to reduce the costs of manual intake through Central Cashiering. This could result in
either another reduction in the fee, or even the elimination of the fee.
The attached ordinance includes an administrative clause, which specifies that any future changes
to the fee can be made by the City Manager, or his designee, annually during the budget
preparation.
REQUIRED COUNCIL ACTION: Passage of the ordinance amendment to lower the electronic
payment processing fee of $2.50 to $1.68 based on a combination of customer usage and reduced
bank fees during the period of February 2008 through January 2009.
PREVIOUS COUNCIL ACTION: In January 2008, City Council approved an amendment to the
Code of Ordinances, Chapter 17, Finance and Taxation, by adding a $2.50 Electronic Payment
Processing Fee and established the fee structure for electronic payments via online and IVR
(telephone) with a credit card.
FUNDING: The ordinance amendment requires no expenditure of funds.
CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented.
Cindy O'Bri ed Oscar Martinez
Assistant City Manager
Assistant City Manager
-99-
BACKGROUND INFORMATION
In January 2008, the City Council approved the implementation of a $2.50 electronic payment
processing fee. The fee, which took effect in February .2008, was assessed to residential
customers paying with a credit card through the City's online and IVR (telephone) utility payment
applications.
Staff monitored usage and during the period of February 2008 through January 2009, the number of
transactions were 76,115, a 20 percent decline since implementation of the fee (collections were
$10,927,697). In looking at the total dollars collected (total payments) during FY 2007 -08, an
increase of forty-three percent occurred from FY 2005 -06.
Fiscal Year
Total Amount Collected
2003 -04
$1,991,058
2004-05
$2,511,991
2005 -06*
$6,295,864
2006 -07
$9,492,669
2007 -08
11,093,505
*Telephone system not implemented until August 2005.
We derived the $1.68 flat fee as follows:
The bank fees during the period of February 2008 through January 2009 were $80,468.09. If you
add the other direct costs of $47,470, the total cost for maintaining the online and IVR payment
applications is $127,938.09. Dividing this number by the total transactions (76,115), the cost per
transaction is $1.68.
Direct annual costs include.
Sungard HTE application annual fee
$10,140
Selectron telephone application annual fee
$19,580
SSL security certificate
$233
IVR processing fee (fee for each transaction over the phone system
2,918
Server maintenance
$5,429
Server leases — Sungard HTE, Selectron, web cluster servers
$9,170
Total
$47,470
-100-
Listed below are some of the benefits our residential customers receive by utilizing the online and
IVR utility payment applications.
♦ Residential customers can access their utility account balance and pay online through the
intemet with a credit card (Visa, Mastercard and Discover).
♦ The online HTE utility billing system, implemented in October 2004, has built -in database
interfaces and allows customers to make payments by credit card. Customers are able to
access account information, status, balance, last bill sent and last payment received,
consumption information, including graphs for the last three years, billing history with bill
date, due date, balance forward, current charges, and total bill. In addition, customers can
access service summaries for status, start and stop dates, 12 -month average charge,
graphs for last 12 billings and billing statements with detailed billing and charges.
♦ The phone IVR, implemented in August 2005, allows customers, by phone, to make
payments by credit card, secure access of current status, hear previous billing and payment
information for a 12 -month period, request payment or billing history and account status via
fax.
• In addition to providing improved customer service and 24/7 access, the online and IVR
(telephone) applications make it easier for customers to pay their utility bills. They do not
have to drive to City Hall to make the payment or drive to one of our pay stations.
—101—
a sO 3OCvb5y cE
_
W0a W mm w g C1 w m m m
0 ▪ o m
3 M
7D
N m
t
7 CD
53
0 o
* 0 "
0.
M G :i
V - �7 S
co Orn a s a<T a a rn a CO a 0) lb
A O -3 W
- N CI 0-a N l‘l 14 Cd a O
0 0
N acoJ a 00 gb
nO.
Q M
7
co y
3
0
t
n
d
n 0 m
in 0 0 Cr
0 _
in c d 0 m
�.Aio .4 IDCCCOCO0CDmm0 (oo0. Q
w w J A-3 A w a A a w
ID A A O N CO a O W CO -3 a CO a N A N
G1 ■V co m f D a in Co a- W o O in W o
co O m V 03OJ-3 NaO -4 CO aN- C 0 O 0 J -3 N CO a a N 43 G
O O O wA0W 0Na0-30 0
CO O (0 0 (TTt0 t0 (T010
g*
ac
O 3 t0
M1 up
O 0 to c-
O m c-
c
co co m
p 09 03 V en 0)01 r» 0) En 0)�t» ca
A aVa Vt Waaa 41 --1 Y
co a03 W V 10 V J ACoAN(O
w V a W A a 0 Co N J N 0
V V
A OtO -oO fJ aaa CO
O a a m Co O t o d m J t O a m 0
CO a N N A CO aaa V N- a ID
O • C
A
O • 0
0 CO
W 0000000000000 e
N V V V V V V V V V V V V
O - a CONGO -, N A N N CO CO
4,
OJ
CO
-102-
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 17 REGARDING LOWERING UTILITY PAYMENT
ELECTRONIC PAYMENT PROCESSING FEE; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION; AND
PROVIDING FOR EFFECTIVE DATE OF APRIL 1, 2009; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Corpus Christi Code of Ordinances, Chapter 17, Finance,
Section 17.31 is amended to read as follows:
"Sec. 17 -3.1 Convenience fee for residential utility payments made with credit
card via Internet or automated telephone system.
"The convenience fee for residential utility payments made using credit card via
the Internet or using credit card through automated telephone system is two- dellerand
fifty cents ($2.6O) one dollar and sixty -eight cents ($1.68) per transaction. The purpose
of this fee is to recover city costs to provide this service. The City Manager shall
annually review the fee and is authorized to reduce this fee to reflect reduction in the
city's costs to provide this service. The reduced fee amount shall be recorded in the
City Secretary's office."
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.
SECTION 4. This ordinance takes effect on April 1, 2009.
Section 17 3.1
—103—
SECTION 5. 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: March 17, 2009
By: r, -vn.
Lisa Aguilar, A sjl. City Attorney
Section 17 3.1
THE CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
—104—
2
10
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
—107—
R. y Reining
First Assist City Attorney
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.
—108—
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.
"(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 Lacuna 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
—109--
That the foregoing ordin ce was repfd for the first time and passed to its second
reading on this the irw- day of /44hehl , 2009, by the following vote:
Henry Garrett _ Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel) Michael McCutchon
Bill Kelly
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 Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel) Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of , 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: 2nd day of March, 2009:
R. Reining
st Assistantty Attorney
For City Attorney
LAGUNA SHORE WATERFOWL 03022009.DOC
Henry Garrett
Mayor
—110—
2
11
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING . (City Council Action Date: March 24, 2009)
Case No. 0109 -06 Charles Miller: The applicant is requesting a change of zoning on 0.40 acre /I,750 square
feet from an "I -2" Light Industrial District to an "I -3" Heavy Industrial for an above ground fuel storage tank
with a 15,000 gallon capacity. The applicant plans to store 10,000 gallons of diesel and 5,000 gallons of gasoline
in the tank. The purpose of the tank is to provide fueling for vehicles used by Miller Environmental Services, Inc.
on Roblex Industrial Area Block 6, Lots 16 and 17.
Planning Commission's and Staffs Recommendation (February 4. 2009): Denial of an "I -3" Heavy
Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one
(1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons subject to a site plan with the following
conditions:
1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not
to exceed 15,000 gallons.
2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements.
3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without
Zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this
ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Requested Council Action: Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I-
2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to
exceed 15,000 gallons subject to a site plan with the following conditions:
1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not
to exceed 15,000 gallons.
2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements.
3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without
Zoning-Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this
ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Summary:
• Request: The applicant is requesting a change of zoning on 0.40 acre /1,750 square feet from an
"I -2" Light Industrial District to an "I -3" Heavy Industrial. The applicant is requesting a change in
zoning for an above ground fuel storage tank with a 15,000 gallon capacity. The applicant plans to
store 10,000 gallons of diesel and 5,000 gallons of gasoline in the tank. The purpose of the tank is to
provide fueling for vehicles used by Miller Environmental Services, Inc. on Roblex Industrial Area
Block 6, Lots 16 and 17.
• Existing Land Uses: Currently, the subject property is used for light industrial activities. The
subject property is surrounded by the remaining property of the applicant. Adjacent to the
-113-
applicant's property are industrial uses to the north and south, while the adjacent properties to the
east and west are not developed and vacant.
• Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light
manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with
access to an arterial street, freeway, or railroad in central or outlying areas of the city. 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 requirement or floor area intensity factor requirement.
• Proposed Zoning: "I -3" Heavy Industrial District provides for industrial operations of all types
except that certain potentially hazardous industries are permitted only after a Zoning Board of
Adjustment public hearing and review to assure protection of the public interest and surrounding
property and persons.
• Transportation and Circulation: The subject property has access to Flato Road, which is a
proposed collector on the Urban Transportation Plan with a planned right -of -way of 75 feet and four
— lanes. Currently, Flato Road has two lanes at this location.
• Infrastructure Demand:
o Water: The nearest water lines are located on Flato Road, approximately 500 feet from the
location of the proposed storage tank.
o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along Flato Road.
• Public Safety:
o Police: The subject property is served by the Corpus Christi Police Department.
o Crime: From 1995 to 2005 the crime rate has decreased by 35.27 %.
o Fire: The closest Fire Stations are station nine (9) at 501 Navigation and station number ten
(10), located at 1550 Horne Road. Estimated response time is less than five minutes.
• Environmental Constraints:
o FEMA Flood Zone: The subject property is in Zone C. Flood Hazard Zone C represents
areas of minimal flooding.
o Soil Type: Victoria clay, 0 to 3 percent slopes
o Wetlands: The subject property is not located in or adjacent to a wetland.
o Flight Zone: The subject property is not within the Air Installation Compatible Use
Zone.
• 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 10 on a scale of 100 points.
Strengthen and Direct Development Towards Existing Communities
Smart growth directs development towards existing communities already served by infrastructure,
seeking to utilize the resources that existing neighborhoods offer, and conserve open space and
irreplaceable natural resources on the urban fringe. (10 POINTS)
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject
property for light industrial use; therefore, the proposed "I -3" Heavy Industrial District is not
H1PIN -DIM SHARED \l. Planning Conolssion\2009 CM1ar V \0109-06 Charles K. Miller Agenda Memo4oc
—114—
consistent with the City's Comprehensive Plan map. In addition to the Future Land Use Plan map,
policies from the Corpus Christi Policy Statements and the Area Development Plans are provided
below.
• CORPUS CHRISTI POLICY STATEMENTS:
LAND USE
POLICIES — GENERAL
h. LAND USE SHOULD BE SEPARATED INTO THREE PRIME LAND USE TYPES:
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES, UNLESS PROPERLY
DEVELOPED AS A MIXED USE CONCEPT.
While incompatible land uses should be separated based on the type and use, compatible mixed
uses of similar type such as neighborhood retail business and residential activity that is planned
properly should be encouraged.
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, Iandscaping, screening fences, etc.
Staff Comment: To the south a public school is located within 2,000 feet of the subject property
and within 1,000 is a residentially zoned district (R -1B) to the east. Residential properties are not
likely to be impacted by the proposed rezoning.
• POLICIES — INDUSTRIAL
A LARGE AMOUNT OF VACANT LAND IS CURRENTLY ZONED FOR INDUSTRIAL
USE IN THE CITY, WITH A SIGNIFICANT AMOUNT LOCATED ALONG I.H. 37
BETWEEN VIOLET ROAD AND PADRE ISLAND DRIVE. THESE AREAS ARE
IMPORTANT, AS THEY HELP PROVIDE SUFFICIENT INDUSTRIALLY ZONED LAND
FOR EXISTING AND FUTURE INDUSTRIES. A PRIMARY LAND USE CONCERN IS
THE LOCATION OF INDUSTRIAL SITES AND THE IMPACT THEY HAVE ON
ABUTTING NON - INDUSTRIAL USES. IF INDUSTRIAL USES ARE INTRODUCED INTO
NON - INDUSTRIAL AREAS OF THE CITY, THEY MUST BE DESIGNED WITH
SUFFICIENT OPEN SPACE AND OTHER BUFFERS TO PROTECT THE SAFETY,
AESTHETIC, AND MONETARY VALUE OF ADJACENT PROPERTIES.
a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND
HEAVY INDUSTRIES.
In recognition that not all industrial uses have the same location 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: As a general rule, the Comprehensive Plan does not include large new vacant
lands with the heavy industrial designation unless the area is already designated as an industrial
district, i.e., the Port Area, etc. The intent of this policy is to provide protection and to assure that
if new heavy industrial districts are requested adequate care is given to assessing any negative
H:1PU .DIR\SHARE:Al. Planning Commission \2009 CC'Mar '09\0109-06 Charles K. Miller Agenda Memo.doc
—115—
impacts. There are no nearby residential areas, either existing or propose that are likely to be
affected by the proposed above ground fuel storage tanks.
b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND
EXISTING INDUSTRY.
One of the principal components of industrial growth comes from the expansion of existing
industry rather than from the development of new industry. Programs that will promote
competitively - priced industrially -zoned land for expansion should be supported.
c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED.
The primary objective is to attract new industry for Corpus Christi. Business should be
encouraged to develop in industrial parks that are properly planned and landscaped. Large
industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate
the effect of industrial development than do smaller, individual -lot developments.
a. ENCOURAGE ORDERLY GROWTH.
Orderly growth should be encouraged as it is necessary for maintaining a dynamic economy
offering job opportunities and income levels commensurate with a rising standard of living.
Conversely, rapid unorderly growth of urbanized areas can cause numerous urban problems that
include traffic congestion and the inability to meet infrastructure needs.
c. PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT
TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY.
The city should promote the growth and expansion of existing businesses because they are the
"backbone" of the local economy, and it should also attract new businesses that will create new
jobs and increase family income levels. A city must have a diversified economic base in order to
insulate the area, to the greatest extent possible, from economic cycles in any sector of the
economy. While the tourist and the oil industries are major employment generators, other sectors
such as light manufacturing and high technology should also be encouraged to provide a wide
spectrum of income and job opportunities.
In addition, while businesses that require skilled workers are important to the city's economy,
endeavors should be made to attract companies that need semi - skilled and unskilled workers.
There is a large pool of semi - skilled and unskilled labor in Corpus Christi and the surrounding
area. This situation makes the city an ideal site for labor- intensive industries, especially in
manufacturing and construction.
TRANSPORTATION POLICIES
a. PRESENT AND FUTURE ROAD NETWORKS SHOULD PROMOTE DESIRABLE
PATTERNS OF LAND USE DEVELOPMENT.
Auto transportation influences the direction, intensity, and timing of land use development. The
construction of roads to areas improves accessibility and, in tum, may lead to rapid development.
For these reasons, traffic impact analysis should be included in the planning process so that as
development occurs, existing and future roads will adequately meet the needs of future land use
activities.
PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND
HEAVY INDUSTRIES.
H:\P1N- DIR\SHARED \I. Plarming Commission \ 2009 CCI Mar '09'D109 -O6 Charles K Miller Agenda Memo.doc
—116--
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 1.47 square
miles of heavy industrially used land.
• WESTSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS:
C.6 — POLICY STATEMENT
Industrial properties should be required to minimize undesirable "spillover effects" into
residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.)
by means of property layout -out and organization of activities by screening and maintaining
buffer areas or zones for their activities.
Staff Comment: Staff knows of no discernable negative "spillover effects" that might result from
approval of the "I -3" for an above ground fuel tank within this existing industrial site.
Traffic Count:
Street R.O.W.
Street
Urban
Transportation
Plan Type
Existing ROW and
Paved Section
Planned ROW
and Paved
Section
Traffic Volume
Flato Road
Proposed collector
50 ROW
Two -Lanes
ROW 75', BB
50'
Four -Lanes
Not Available
Plat Status:
The subject property is platted.
Department Comments:
• The Fire Marshall has reviewed the application and is in favor of the rezoning.
• The fuel tank is buffered by surrounding light industrial outdoor storage uses.
H:WLN- D@\SHARED \t Planning Coimnission\2009 CCV.1ar V9'DI09 -06 Charles K- Miller Agenda Memo.doc
—117—
Notification: Of the five (5) notices mailed to the surrounding property owners three (I) notice was
returned in favor and zero (0) were retumed in opposition. The 20% rule is not invoked. This case is
considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of
the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule
requires a three- quarters favorable vote of the City Council for a change of zoning to be
approved,rather than a simple majority. Unless such proposed change is approved by the Planning
Commission such change shall not become effective except by a favorable) vote of a majority plus one
of the City Council present and voting.
FGM/ej
Attachments:
Johnny Perales, P.E.,
Interim Assistant City Manager
of Development Services
1) Zoning Report
2) Planning Commission Minutes (February 4, 2009)
3) Ordinance (including metes and bounds and a site plan)
Senior Planner.
HAPIN- DIR\SHARED \I. Planning Commusion\2009 CC' Mar '09'D109 -06 Charles K. Miller Agenda Men o.doc
—118—
REVISED
ZONING REPORT
Case No.: 0109 -06
Planning Commission Hearing Date: February 4, 2009
Applicant &
Legal
Description
Applicant: Charles K. Miller
Owner: Charles K. Miller
Representative: John Perabo
Address: 602 Flato Road
Legal Description/Location: 1,750 square feet out of Roblex Industrial Area, Block 6, Lot
16, located on the east side of Flato Road approximately 0.17 miles north at Bear Lane
Zoning
Request
From: "I -2" Light Industrial District
To: "I -3" Heavy Industrial district
Area: 0.040 Acres or 1,750 Square Feet
Purpose of Request: The applicant is requesting a change in zoning from "1-2" Light Industrial
District to "I -3" Heavy Industrial District to allow for an above ground storage of fuel.
Zoning
Existing Land Use
Future Land Use
Site
"I -2" Light Industrial District
Light Industrial/Miller
Enviro ental
nm
Light Industrial
North
"I -2" Light Industrial District
Light Industrial
Light industrial
South
"I -2" Light Industrial District
Light Industrial
Light Industrial
East
"I -2" Light Industrial District
Light Industrial
Light Industrial
West
"I -2" Light Industrial District
Light Industrial
Light Industrial
ADP, Map &
Violations
Area Development Plan: This tract of land is located in the Westside Area Development Plan
and is planned for light industrial uses. The proposed change in zoning is not consistent with the
adopted Future Land Use Plan which designates the area for light industrial uses.
Map No.: 050042
Zoning Violations: None
Staffs Summary:
• Request: The applicant is requesting a change of zoning on 0.40 acre /1,750 square feet from an
"I -2" Light Industrial District to an "1 -3" Heavy Industrial. The applicant is requesting a change in
zoning for an above ground fuel storage tank with a 15,000 gallon capacity. The applicant plans to
store 10,000 gallons of diesel and 5,000 gallons of gasoline in the tank. The purpose of the tank is to
provide fueling for vehicles used by Miller Environmental Services, Inc. on Roblex Industrial Area
Block 6, Lots 16 and 17.
• Existing Land Uses: Currently, the subject property is used for light industrial activities. The
subject property is surrounded by the remaining property of the applicant. Adjacent to the
—119—
Zoning Report
Case #: 0109 -06, Charles Miller
Page 2
applicant's property are industrial uses to the north and south, while the adjacent properties to the
east and west are not developed and vacant.
• Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light
manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with
access to an arterial street, freeway, or railroad in central or outlying areas of the city. 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 requirement or floor area intensity factor requirement.
• Proposed Zoning: "I -3" Heavy Industrial District provides for industrial operations of all types
except that certain potentially hazardous industries are permitted only after a Zoning Board of
Adjustment public hearing and review to assure protection of the public interest and surrounding
property and persons.
• Transportation and Circulation: The subject property has access to Flato Road, which is a
proposed collector on the Urban Transportation Plan with a planned right -of -way of 75 feet and four
— lanes. Currently, Flato Road has two lanes at this location.
• Infrastructure Demand:
o Water: The nearest water lines are located on Flato Road, approximately 500 feet from the
location of the proposed storage tank.
o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along Flato Road.
• Public Safety:
o Police: The subject property is served by the Corpus Christi Police Department.
o Crime: From 1995 to 2005 the crime rate has decreased by 35.27 %.
o Fire: The closest Fire Stations are station nine (9) at 501 Navigation and station number ten
(10), located at 1550 Horne Road. Estimated response time is less than five minutes.
• Environmental Constraints:
o FEMA Flood Zone: The subject property is in Zone C. Flood Hazard Zone C represents
areas of minimal flooding.
o Soil Type: Victoria clay, 0 to 3 percent slopes
o Wetlands: The subject property is not located in or adjacent to a wetland.
o Flight Zone: The subject property is not within the Air Installation Compatible Use
Zone.
• 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 10 on a scale of 100 points.
-120-
Zoning Report
Case #: 0109 -06, Charles Miller
Page 3
Strengthen and Direct Development Towards Existing Communities
Smart growth directs development towards existing communities already served by infrastructure,
seeking to utilize the resources that existing neighborhoods offer, and conserve open space and
irreplaceable natural resources on the urban fringe. (10 POINTS)
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject
property for light industrial use; therefore, the proposed "I -3" Heavy Industrial District is not
consistent with the City's Comprehensive Plan map. In addition to the Future Land Use Plan map,
policies from the Corpus Christi Policy Statements and the Area Development Plans are provided
below.
• CORPUS CHRISTI POLICY STATEMENTS:
LAND USE
POLICIES — GENERAL
h. LAND USE SHOULD BE SEPARATED INTO THREE PRIME LAND USE TYPES:
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES, UNLESS PROPERLY
DEVELOPED AS A MIXED USE CONCEPT.
While incompatible land uses should be separated based on the type and use, compatible mixed
uses of similar type such as neighborhood retail business and residential activity that is planned
properly should be encouraged.
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: To the south a public school is located within 2,000 feet of the subject property
and within 1,000 is a residentially zoned district (R -1B) to the east. Residential properties are not
likely to be impacted by the proposed rezoning.
• POLICIES — INDUSTRIAL
A LARGE AMOUNT OF VACANT LAND IS CURRENTLY ZONED FOR INDUSTRIAL
USE IN THE CITY, WITH A SIGNIFICANT AMOUNT LOCATED ALONG I.H. 37
BETWEEN VIOLET ROAD AND PADRE ISLAND DRIVE. THESE AREAS ARE
IMPORTANT, AS THEY HELP PROVIDE SUFFICIENT INDUSTRIALLY ZONED LAND
FOR EXISTING AND FUTURE INDUSTRIES. A PRIMARY LAND USE CONCERN IS
THE LOCATION OF INDUSTRIAL SITES AND THE IMPACT THEY HAVE ON
ABUTTING NON - INDUSTRIAL USES. IF INDUSTRIAL USES ARE INTRODUCED INTO
NON - INDUSTRIAL AREAS OF THE CITY, THEY MUST BE DESIGNED WITH
SUFFICIENT OPEN SPACE AND OTHER BUFFERS TO PROTECT THE SAFETY,
AESTHETIC, AND MONETARY VALUE OF ADJACENT PROPERTIES.
-121-
Zoning Report
Case #: 0109 -06, Charles Miller
Page 4
a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND
HEAVY INDUSTRIES.
In recognition that not all industrial uses have the same location 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: As a general rule, the Comprehensive Plan does not include large new vacant
lands with the heavy industrial designation unless the area is already designated as an industrial
district, i.e., the Port Area, etc. The intent of this policy is to provide protection and to assure that
if new heavy industrial districts are requested adequate care is given to assessing any negative
impacts. There are no nearby residential areas, either existing or propose that are likely to be
affected by the proposed above ground fuel storage tanks.
b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND
EXISTING INDUSTRY.
One of the principal components of industrial growth comes from the expansion of existing
industry rather than from the development of new industry. Programs that will promote
competitively - priced industrially -zoned land for expansion should be supported.
c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED.
The primary objective is to attract new industry for Corpus Christi. Business should be
encouraged to develop in industrial parks that are properly planned and landscaped. Large
industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate
the effect of industrial development than do smaller, individual -lot developments.
a. ENCOURAGE ORDERLY GROWTH.
Orderly growth should be encouraged as it is necessary for maintaining a dynamic economy
offering job opportunities and income levels commensurate with a rising standard of living.
Conversely, rapid unorderly growth of urbanized areas can cause numerous urban problems that
include traffic congestion and the inability to meet infrastructure needs.
c. PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT
TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY.
The city should promote the growth and expansion of existing businesses because they are the
"backbone" of the local economy, and it should also attract new businesses that will create new
jobs and increase family income levels. A city must have a diversified economic base in order to
insulate the area, to the greatest extent possible, from economic cycles in any sector of the
economy. While the tourist and the oil industries are major employment generators, other sectors
such as light manufacturing and high technology should also be encouraged to provide a wide
spectrum of income and job opportunities.
—122—
Zoning Report
Case #: 0109 -06, Charles Miller
Page 5
In addition, while businesses that require skilled workers are important to the city's economy,
endeavors should be made to attract companies that need semi - skilled and unskilled workers.
There is a large pool of semi - skilled and unskilled labor in Corpus Christi and the surrounding
area. This situation makes the city an ideal site for labor- intensive industries, especially in
manufacturing and construction.
TRANSPORTATION POLICIES
a. PRESENT AND FUTURE ROAD NETWORKS SHOULD PROMOTE DESIRABLE
PATTERNS OF LAND USE DEVELOPMENT.
Auto transportation influences the direction, intensity, and timing of land use development. The
construction of roads to areas improves accessibility and, in turn, may lead to rapid development.
For these reasons, traffic impact analysis should be included in the planning process so that as
development occurs, existing and future roads will adequately meet the needs of future land use
activities.
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 1.47 square
miles of heavy industrially used land.
• WESTSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS:
C.6 — POLICY STATEMENT
Industrial properties should be required to minimize undesirable "spillover effects" into
residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.)
by means of property layout -out and organization of activities by screening and maintaining
buffer areas or zones for their activities.
Staff Comment: Staff knows of no discemable negative "spillover effects" that might result from
approval of the "I -3" for an above ground fuel tank within this existing industrial site.
-123-
Zoning Report
Case #: 0109 -06, Charles Miller
Page 6
Traffic Count:
Street R.O.W.
Street
Urban
Transportation
Plan Type
Existing ROW and
Paved Section
Planned ROW
and Paved
Section
Traffic Volume
Flato Road
Proposed collector
50 ROW
Two -Lanes
ROW 75', BB
50'
Four -Lanes
Not Available
Plat Status:
The subject property is platted.
Department Comments:
• The Fire Marshall has reviewed the application and is in favor of the rezoning.
• The fuel tank is buffered by surrounding light industrial outdoor storage uses.
Staff Recommendation:
• Denial of an "I -3" Heavy Industrial District, and in lieu thereof. approval of an "I -2" Light - Industrial
District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed
15,000 gallons subject to a site plan with the following conditions:
1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel
tank not to exceed 15,000 gallons.
2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department
requirements.
3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed
without Zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of
this ordinance, unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
Planning Commission Recommendation: Pending.
a it
0 a
U
Number of Notices Mailed 5 — 5, 3 within 200 foot notification area; 2 outside notification area
Favor — 1 (inside notification area); 0 (outside notification area)
Opposition — 0 (inside notification area); 0 (outside notification area)
As of: January 29, 2009
—124—
Zoning Report
Case #: 0109 -06, Charles Miller
Page 7
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. Site Plan
-125-
CASE # 0109 -06
1. NEIGHBORHOOD - 2007 AERIAL
ElSubject
Property
Refer to Map 2a & 2b for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
Map Scale: 1:10,000
Y4C
VAC
VAC
VAC
„C
CASE # 0109 -06
2.a. NEIGHBORHOOD - EXISTING LAND US
n
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
- High Density Res. - HDR
- Mobile Home - MH
Vacant - VAC
Igo Professional Office - PO
- Commercial - COM
® Light Industrial • Lt
® Heavy Industrial - Hl
- Public Semi - Public • PSP
- Park
Drainage Corridor - DC
Conservation/Preservation - CP
Water
Map Scale: 1:10,000
•
VAC
VAC
VAC
01/0 &4008
Reiland By: SRR
menr of Development Services
n
LDR
CASE # 0109 -06
2.b. SITE- EXISTING LAND USE
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
_ High Density Res. - HDR
Mobile Home - MH
Vacant -VAC
En Professional Office - PO
Commercial - COM
ES
Map Scale: (:2,400
Light Industrial - LI
Heavy Industrial - HI
Public Semi - Public - PSP
Park
Drainage Corridor - DC
Conservation/Preservation - CP
Water
3.41111 .% vies isliefifie
— 0
- ■-� �O1` 11111!1 11'e Itic��.n,m
lielussinsinissweSS
CASE # 0109 -06
3.b. SITE- FUTURE LAND USE
EM Agricultural/Rural - AR -
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
- High Density Res. - MDR
Mobile Home - MH
ED Vacant -VAC
El Professional Office - PO
_ Commercial - COM
Transportation Plan
Existing Proposed
Arterials ---•
Collectors ---
i Expressways mm
fl. Parkway -.
++++1- Railroad
Tourist- TOR
Research/Business Park - RBP
Light Industrial - LI
Heavy industrial - H1
- Public Semi- Public - PSP
Park
® Drainage Corridor - DC
Ell Dredge Placement- DP
Water
ggi Conservatlon/Preservation - CP
Map Scale: 1:2,400
CASE
3.a. NEIGHBORHOO
# 0109 -06
D - FUTURE LAND USE
9 Agricultural/Rural - AR
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
High Density Res. - HOP
- Mobile Home - MH
Vacant - VAC
Professional Office - PO
Commercial - COM
Transportation Plan
awing Proposed
Arterials
Collectors ----•
ai Expressways o ■n
7106 Parkway
iii -Ff• Ratlroad
m
_ Tourist - TOR
Research/Business Park - RBP
® Light Industrial - LI
Heavy Industrial - HI
_ Public Semi - Public - PSP
- Park
® Drainage Corridor - DC
gm Dredge Placement- DP
Water
tt Conservation/Preservation - CP
Map Scale: 1:10.000
iquarmaavistina:- v.
J �l11��R►,h- 171
\1�tine.
wwaa��' — � -
s� ®I_ ,� iRIGient01111`�'i
1 1 11 ii.. Lifihie
! fit
A
CASE # 0109 -06
4. SITE- 2007 AERIAL
Subject
Property
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
SUBJECT
-2 SP/0 S- 0 3 PROPERTY
OBLEX
NDUSrRIAL AREA
e/� ./ C��ddr� �OL'O52008
,tTh nr ofIeve*me➢rt'SA4iceS
CASE # 0109 -06
5. SUBJECT PROPERTY
-M
-139-
10
1 -3
.11
12
/- 2
13
14
SUBJECT
C- 2 /SP�'p - PROPERTY
03
OSLEK INDUSTRIAL AREA
16
17
18
19A
19B
20
1= 2 /SPt'05 -11
21
R -1B
800r�6ISSELL. FARM TR
/� .j jr� Of/05200S
e•- rdInr ofdavN4,n caa
CASE # 0109 -06
6. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
41 Aparlmat HOUSe District 1 -1 Limited Inductile! Dlsbict
41A Apermwrt House Disticl -2 Light Industrial District
A-2 Apartment House District 1-3 Heavy Industrial District
AB Professional Mice District PUD Planned Unit Development
AT Apartment-Taoist Cighct R -IA One FaMyMyelin° District
8-1 Nelglbahood Business Disirict R-IB One Family Dwelling DisAict
&1A Ndg.nahad Business District R -1C One Family Owethng District
13-2 Baykal Business Disaict R-2 Multiple Dwelling District
8-2A Barrier Island Business District RA One Family Dwelling DiSmcl
B-3 Business District RE Residential Estate District
BJ General Business Distill 12-TH Townhouse Dwelling District
13-5 Primary Business- Distrkt SP Spedel Permit
BE Ptimery Business Cute District T -IA Travel Trailer Park District
BD Corpus Christi Beech Design DISI T -1B Manufactured Hare Park District
F -R Farm Rural District T -IC Manufacted Herne Subdivision
HC HlsluticalCultural Landnark District
Preservation
Subject Property .Owners
with 200'buffer O in favor
4 Owners wNdn 2W ['Wed on X Ornrers
aiWChed ownership table in opposition
-141-
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0109 -06
Name: CHARLES K . MILLER
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 4
Returned undeliverable: 0
I. Notices returned from within the 200 -foot notification area:
Favor: 1
Opposition: 0 ( ) %
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
IV. Unsolicited responses received concerning subject area:
Favor: 0
Opposition: 0
H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2009 Public Comments\0109- 05.doc
—143—
O
M-.0
• J J J y
e.
S OS-N
K 0 % i
rE rr i 2
�
mm mm_m
oQ oo<
m
a
s ano
O b
r '4 m m m
mm mm '
S • S S y
C'
nnC
ri
m
-o
0
3AIHO 11M3H LE
XI 1161E11-ID8
ROBLE %INDUSTRIAL AREA LT 16 BK 6
zz o
m m y a
�lrm
0ON
0021
mm K
m
O
-o
co
0
'no
t93
m0
ZN
DN
21
0
m
00-00
aa0<
13 -10 1111
2 0
0-
co N x
00
MM
3333
mm
aaar
m
m m mrg
mmmr
x x xis
000
ccc
aaa
m
Da$$
mmm
DDD
y y y
mm-
xx
scam
mail;
x
m
YP gN D
NO
Y q + J
-144—
- 95-
ARTICLE 20. "I -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS
Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article are the regulations in the "I -2" Light Industrial District. This district is intended primarily for
light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off -
street loading and off -street parking for employees and with access by major streets or railroad in either
central or outlying locations.
Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes:
(1) Any use permitted in the "3-5" Primary Business District except for signs as enumerated in [tern
(2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent
or temporary housing of persons except as described in Item (3) below.
(2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable
signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973,
Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas
Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby
adopted as the supplementary outdoor sign regulations for this zoning district and by this reference
is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06)
(3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on
the premises. (Ordinance 22851, 02/18/97)
(4) The following uses, and any similar uses which are not likely to create any more offensive noise,
vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum
amount normally resulting from other uses permitted, such permitted uses being generally
wholesale and retail trade, service industries, and light industries that manufacture, process, store,
and distribute goods and materials and are generally dependent on raw materials refined elsewhere
and manufacture, compounding, processing, packaging, or treatment, as specified of the following
products or similar products.
Chemicals. Petroleum, Coal, and Allied Products
Cosmetics and toiletries
Ice manufacture, including dry ice
Ink manufacturing (mixing only)
Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds
(blending only)
Laboratories
Perfumes and perfumed soap (compounding only)
Pharmaceutical products
Soap, washing or cleaning, powder or soda (compounding only)
Clay. Stone. and Glass Products
Clay, stone, and glass products
Concrete products (except central mixing and proportioning plant)
Pottery and porcelain products (electric or gas fired)
Food and Beverage
02/08 1 -2
-145--
02/08
- 96-
Bakery products, wholesale (manufacturing permitted)
Beverage, blending, bottling (all types)
Candy, wholesale (manufacturing permitted)
Chewing gum
Chocolate, cocoa, and cocoa products
Coffee, tea and spices, processing and packaging
Condensed and evaporated milk processing and canning
Creamery and dairy operations
Dairy products
Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing
Flour, feed and grain (packaging, blending, and storage only)
Fruit and vegetable processing (including canning, preserving, drying, and freezing)
Gelatin products
Glucose and dextrine
Grain blending and packaging, but not milling
Ice cream, wholesale ( manutcturing permitted)
Macaroni and noodle manufacture
Malt products manufacture (except breweries)
Meat products, packing and processing (no slaughtering)
Oleomargarine (compounding and packaging only)
Poultry packing and slaughtering (wholesale)
Yeast
Metals and Metal Products
AgricWtural or farm implements
Aircraft and aircraft parts
Aluminum extrusion, rolling, fabrication, and forming
Automobile, truck trailer, motorcycle, and bicycle assembly
Boat manufacture (vessels Tess than five tons)
Bolts, nuts, screws, washers, and rivets
Container (metal)
Culvert
Firearms
Foundry products manufacture (electrical only)
Healing, ventilating, cooking, and refrigeration supplies and appliances
Iron fabrication (ornamental)
Machinery manufacture
Nails, brads, tacks, spkes, and staples
Needle and pin
Plating, electrolytic process
Plumbing supplies
Safe and vault
Sheet metal products
Silverware and plated ware
Stove and range
Tool, die, gauge, and machine shops
Tools and hardware products
Vitreous enameled products
Textiles, Fibers and Bedding
Bedding (mattress, pillow, and quilt)
Carpet, rug and mat
-146-
1 -2
- 97-
Hat bodies of fur and wool felt manufacture (including men's hats)
Hosiery mill
Knitting, weaving, printing, finishing of textiles and fibers into fabric goods
Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing)
Yarn, threads and cordage
Wood and Parer Products
Basket and hamper (wood, reed, rattan, etc.)
Box and crate
Cooperage works (except cooperage stock mill)
Furniture (wood, reed, rattan, etc.)
Pencils
Planing and mill work
Pulp goods, pressed or molded (including paper mache products)
Shipping container (corrugated board, fiber, or wire bound)
Trailer, carriage, and wagon
Veneer
Wood products
Unclassified Uses
Animal pound
Animal, poultry, and bird raising, commercial
Automotive repair, minor, major, and heavy
Building materials storage and sales (cement, lime, in bags or containers, sand. gravel, shell,
lumber, and the like)
Bus garage and repair shop
Button manufacture
Carbon paper and inked ribbons manufacture
Cigar and cigarette manufacture
Circus grounds
Cleaning and dyeing of garments, hats and rugs
Coal and coke storage and sales
Contractor's shop and storage yard
Exposition building or center
Fairgrounds
Fur finishing
Greenhouses, wholesale
Industrial vocational training school, including internal combustion engines
Kennels
Laboratories, research, experimental, including combustion -type motor testing
Leather goods manufacture, but not including tanning operations
Laundries
Livery stables and riding academy
Market, wholesale
Motion picture production
Outside storage
(i) All outside storage shall be screened from view from the at -grade public right -
of -way;
(ii) The outside storage may not be located in the required minimum building
setbacks.
02/08 1 -2
-147-
- 98-
Printing, publishing, and engraving
Produce and storage warehouse
Railroad switching yard primarily for railroad service in the district
Theater, including a drive-in or outdoor theater
Tire sales and service
Tire retreading and vulcanizing shop
Truck or transfer terminal, freight
Truck sales and repair (heavy load vehicles)
Truck stop, with overnight accommodations permitted
Vehicle impound yard
Wholesale houses and distributors
Sports arena or stadium
Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may,
if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial
District only after the location and nature of this use has been approved by the Board of Adjustment after public
hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use
until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that
necessary safeguards will be provided for the protection of surrounding property and persons. The Board in
reviewing the plans and statements shall consult with other agencies created for the promotion of public health and
safety. (Ordinance No. 25534, 10/21/03)
(1) The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing,
provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol,
Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal.
Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 20-5 Off -street Loading Regulations. The off -street loading regulations for permitted uses are contained
in Article 23.
Section 20.6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of
Article 24, and in addition the following regulations shall apply:
20-6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an "R -IA ", "R -IB ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district.
20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining
an "R -1A ", "R -113", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district.
20-6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a
residential district, such building shall not exceed three stories nor 45 feet in height,
unless it is set back one foot from all required yard lines abutting such residential district
for each foot of additional height above 45 feet.
20-6.04 Whenever any building or structure, including but not limited to a bird coop, cattery,
corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light
Industrial District used to house animals, poultry, or birds in an animal pound,
commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a
residential district, the building or structure shall be set back not less than 100 feet from
all required yard lines abutting a residential district
02/08 1 -2
-148-
- 99-
(1) A Farm -Rural zoning district is not considered a residential district for the
purposes of this subsection.
(2) No setbacks are required for fenced pastures of at least one acre used to hold
livestock, such as cattle and horses. (Ordinance 24567, 08/28/01)
Section 20-7 Supplementary height and area regulations are contained in Article 27.
02/08 1 -2
-149-
- 100-
ARTICLE 21. "1 -3" HEAVY INDUSTRIAL DISTRICT REGULATIONS
Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "1 -3" Heavy Industrial District. This district provides for industrial
operations of all types except that certain potentially hazardous industries are permitted only after public
hearing and review to assure protection of the public interest and surrounding property and persons.
Section 21 -2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1)
Any use permitted in the "I -2" Light Industrial District except dwellings, hospitals, institutions, or
other buildings used for permanent or temporary housing of persons except as described in item
(2) below.
( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed
on the premises. (Ordinance 22851, 02/18/97)
( 3) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable
signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973,
Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas
Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby
adopted as the supplementary outdoor sign regulations for this zoning district and by this reference
is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06)
( 4) The following uses and any similar industrial uses which are not likely to create any more
offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the
minimum amount normally resulting from other uses permitted, and manufacture, compounding,
processing, packaging, or treatment of the following products or similar products:
Chemicals. Petroleum. Coal. and Allied Products
Adhesives
Alcohol, industrial
Bleaching products
Bluing
Calcimine
Candle
Cleaning and polishing preparations (non - soap), dressings, and blackings
Dye -stuff
Essential oils
Exterminating agents and poisons
Fertilizer (non-organic)
Fuel briquettes
Glue and size (vegetable)
Ink manufacture from primary raw materials (including colors and pigments)
Soap and soap products
Clay. Stone. and Glass Products
Abrasive wheels, stones, paper, cloth, and related products
Asbestos products
Brick, fire brick, and clay products
02/08 1 -3
-150-
- 101-
Concrete central mixing and proportioning plant
Glass and glass products
Graphite and graphite products
Monument and architectural stone
Pottery and porcelain products (coal fired)
Refractories (other than coal fired)
Sand -lime products
Stone products
Wall board and plaster, building, insulation, and composition flooring
Food and Beverage
Casein
Cider and vinegar
Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial)
Flour, feed and grain milling storage
Molasses
Oils, shortenings, and fats (edible) and storage
Pickles, vegetable relish, and sauces
Rice cleaning and polishing
Sauerkraut
Sugar refining
Metals and Metal Products
Boat manufacture (over five tons)
Boiler manufacture (other than welded)
Brass and bronze foundries
Forge plant, pneumatic, drop and forging hammering
Foundries
Galvanizing or plating (hot dip)
Lead oxide
Locomotive and railroad car building and repair
Motor testing (internal combustion motors)
Ore dumps and elevators
Shipyard
Structural iron and steel fabrication
Wire rope and cable
02/08 1-3
-151-
- 102-
Textiles. Fibers. and Bedding
Bleachery
Cotton wadding and linter
Hair and felt products, washing, curing, dyeing
Jute, hemp, and sisal products
Linoleum and other hard surface floor covering (except wood)
Nylon
Oilcloth, oil treated products, and artificial leather
Rayon
Shoddy
Wool pulling or scouring
Wood and Pater Products
Charcoal and pulverizing
Excelsior
Paper and paperboard (from paper machines only)
Sawmill (including cooperage stock mill)
Wall board
Wood preserving treatment
Unclassified Industries
Leather tanning and curing
Rubber (natural or synthetic), gutta - percha, chicle, and balata processing
Rubber tire and tube
Shell grinding
Storage battery (wet cell)
Unclassified Uses
Airports and landing fields
Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are
met:
(1) The area must be sufficiently well screened so as to block from public view the
wrecked cars and parts either stored or to be stored thereon; (2) There must be no
advertising by the public display of wrecked cars or parts; and (3) The occupant of
such area must comply with all laws, ordinances, and regulations having to do with
health, welfare, and safety. The screening requirement must be met by the location
and maintenance of a fence, shrubbery, or any reasonable substitute. However,
where any part of such area is already adequately blocked from the view of the
general public as a result of the surrounding terrain, neighboring industrial use or
uses or any other condition, no additional screening shall be required for such part so
long as such condition shall continue to serve said purpose. No advertising shall be
allowed on said screening fences.
Bag cleaning
Coal pocket
Junk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass)
Railroad switching and classification yard, roundhouse, repair and overhaul shops
Unclassified Uses (Continued)
02/08 1 -3
-152-
- 103-
Oils, vegetable and animal (non-edible) and storage
Paint, lacquer, shellac, and vamish (including colors and pigments, thinners, and removers)
Roofing materials, building paper, and felt (including asphalt and composition)
Salt tanning materials and allied products
Sexually oriented business (Ordinance 22597, 06/11/96)
Tar products (except distillation)
Section 21 -3 Obiectionable Uses. The following uses, or manufacture, compounding, processing, packaging or
treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration,
dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the
City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of
such use shall have been approved by the Board of Adjustment after public hearing as provided in Article
29. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses
until there has been shown that the public health, safety, morals, and general welfare will be properly
protected, and that necessary safeguards will be provided for the protection of surrounding property and
persons. The Board in reviewing the plans and statements shall consult with other agencies created for the
promotion of public health and safety. Within the area north of West Broadway and Nueces Bay
Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses
or an existing use.
Chemical. Petroleum Coal, and Allied Products
Acids and derivatives
Acetylene, generation and storage
Ammonia
Caustic soda
Cellulose and cellulose storage
Chlorine
Coke oven products (including fuel gas) and coke oven products storage
Creosote
Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones
Explosives (including ammunition and fireworks) and explosives storage
Fertilizer (organic)
Fish oils and meal
Glue, gelatin (animal)
Hydrogen and oxygen
Lamp black, carbon black, and bone black
Nitrating of cotton or other materials
Nitrates (manufachued and natural) of an explosive nature, and storage
Petroleum, gasoline, and lubricating oil refining, and wholesale storage
Plastic materials and synthetic resins
Potash
Pyroxylin
Rendering and storage of dead animals, offal, garbage, or waste products
Turpentine and resin
Clay. Stone. and Glass Products
Brick, firebrick, refractories, and clay products (coal fired)
Cement, lime, gypsum, or plaster of Paris
Minerals and earths: quarrying, extracting, grinding, crushing, and processing
Food and Beverage
02/08 1 -3
-153-
- 104-
Fat rendering
Fish curing
Slaughtering of animals
Starch manufacture
Metals and Metal Products
Aluminum powder and paint manufacture
Blast furnace, cupolas
Blooming mill
Metal and metal ores, reduction, refining, smelting, and alloying
Scrap metal reduction
Steel works and rolling mill (ferrous)
Wood and Pacer Products
Match manufacture
Wood pulp and fiber, reduction and processing
Unclassified Industries and Uses
Cotton ginning
Cotton seed oil refining
Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage
Shell, dredging
Stockyard
Section 21 -4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 21 -5 Off-street Loading Regulations. The off - street . loading regulations for permitted uses are contained
in Article 23.
Section 214 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of
Article 24, and in addition the following regulations shall apply:
21 -6.01 On the side of a lot adjoining a residential district there shall be a side yard of
not Tess than 25 feet.
21.6.02 When a lot abuts upon a residential district, a rear yard of not less than 25 feet is
required.
21-6.03 Whenever any building or structure in the "1 -3" Heavy Industrial District adjoins
or abuts upon a residence district, such building or structure shall not exceed 50
fret in height unless set back one foot from all required yard lines abutting such
residential district for each foot of additional height above 50 feet.
02/08 1 -3
-154-
- 105-
21 -6.04 Whenever any building or structure, including but not limited to a bird coop,
cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall
in the "I -3" Heavy Industrial District used to house animals, poultry, or birds in
an animal pound, commercial animal, poultry, or bird raising establishment, or
kennel, adjoins or abuts a residential district, the building or structure shall be
set back not less than 100 feet from all required yard lines abutting a residential
district.
(1) A Farm -Rural zoning district is not considered a residential
district for the purposes of this subsection.
(2) No setbacks are required for fenced pastures of a t least one
acre used to hold livestock, such as cattle and horses.
(Ordinance 24567, 08/28/01)
Section 21 -7 Supplementary height and area regulations are contained in Article 27.
02/08
-155-
1 -3
Attachment 10
Zoning Case: 0109 -06 Charles Miller ;
Rating
Max.
100
From: II =2 to I -3 for an above ground fuel storage tank
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
-156-
Attachment 11
rage y
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
-157-
Zoning Report
Case #: 0109 -06, Charles Miller
Page 10
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 implementatioh
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.
-158-
Zoning Report
Case #: 0109 -06, Charles Miller
Page 11
Attachment 12: Metes and
Bounds Description and Site
Plan
SYtdtof Terns
County of Nitres
34)33 S. ALAMEDA, ZIP 781111
Pit 961 8124521— PAX 361 852 -1263
6 -ncitt ptpfrarirtidaOUent
e -miff: Elaalfe611,c381
BASS & WELSH ENGINEERING
P.O- Box 6307
Corpus Christi. TX /8466 -6397
ZaIig F1e5crdpdow
January 21, 20114
0007Z,onio - M&Bdac
llolcrtptlon of a 0.040 acre tract of land, ante or less, n portion nt1f,t It Block 6, Robles Industrial Area, a
map of which M recorded in Volume 45, Page 53, Map Records, Nrtecex County, TGrss, eaid O.040 acre tract as
further deautbed by metes and bona&as follows:
Starting rd the ruthwtte corner of xaid Ian 16 in the tang righi.ol-wny line of Plato Road; thence LAST
300.110' Bang the north boundary line of said Lot 16; thence SOUTH 25.00' to the POINT OF BEGINNING
and northwest comer of the tract herein dear/brit
THENCE EAST 2520' to a grim for the northeast corner of the tract herein described;
THENCE SOUTH 73.00' to a point for the southeast corner of dm trawl herein described;
THENCE WEST 2500' to a point fur the suathwrat corner of the tract heron described:
111 ENCI4 NORTH 7110R' to the POINT Oh ERGINNING.
Sheol 1 of 1
—159—
Zoning Report
Case #: 0109 -06, Charles Miller
Page 12
PROPOSED ZONING TRACT
FOR FUEL STORAGE
TANK. 0,040 AC.
N
JCL FLATO RD.
SKETCH TO ACCOMPANY METES
AND BOUNDS DESCRIPTION
1 -`170'
-160-
0tss Me WETEM ENGOIEQINO
=OPUS (WM, 171
COW. 110. 79N/M0 SPIIETCH
dOB 1G. 00000
xML r .. as
rmW1I
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday, February 4, 2009
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
Govind Nadkarni
Mark Adame
Absent: Govind Nadkarni
STAFF:
Johnny Perales, PE, Interim Assistant City
Manager of Development Services
Faryce Goode - Macon, Assistant Director of
Development Services/Planning
Miguel S. Saldafia, AICP, Senior City Planner
Bob Payne, AICP, Senior City Planner
Andrew Dimas, Planning Technician
Yvonne Haag- Director of Neighborhood
Services
Yvette Aguilar, Attorney I
Elena Juarez, Recording Secretary
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de
espanol a ingles en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order 5:34 p.m. by
Chairman Garza.
III. PUBLIC HEARING AGENDA ITEMS
B. ZONING
1. Tabled Zoning
c. Case No. 0109 -06
Charles K. Miller - A change of zoning from
"I -2" Light Industrial District to an "I -3" Heavy Industrial
District resulting in a change of land use from to light industrial
to heavy industrial
1,750 square feet out of Roblex Industrial Area, Block
6, Lot 16 located on the east side of Flato Road
approximately 0.17 miles north at Bear Lane
Mr. Payne presented the above case via Power Point presentation, stating the
applicant is Charles Miller. Mr. Payne stated the applicant is requesting a change of
zoning from "I -2" Light Industrial to "I -3" Heavy Industrial District. Mr. Payne stated
staff is recommending denial of an "I -3" District, and in lieu thereof, approval of an "I -2"
District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to
exceed 15,000 gallons subject to a site plan with the following conditions:
1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085
above ground fuel tank not to exceed 15,000 gallons.
2. Fire Department Approval: The above ground fuel tank shall meet all Fire
Department requirements.
-161-
Planning Commission Meeting
February 4, 2009
Page 2
3. Zoning Board of Adjustments Approval: The above ground fuel tank will not
be allowed without Zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within 12
months of the date of this ordinance, unless the property is being used as outlined
in Condition #1 and in compliance with all other conditions.
Public hearing was opened.
No one came forward in favor or opposition.
Public hearing was closed,
Motion for the denial of an "I -3" District, and in lieu thereof, approval of an "I -2"
District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to
exceed 15,000 gallons subject to a site plan with the above listed conditions was made by
Commissioner Huerta and seconded by Commissioner Tamez. The motion passed
unanimously with Commissioner Nadkarni being absent.
HAPLN- DIR\SHARED 2ONING\PLANNING COMMISSIONIMINUTES\2009\2409 MINUTES.DOC
—162—
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHARLES K. MILLER, JR., BY CHANGING THE ZONING MAP IN
REFERENCE TO 1,750 SQUARE FEET OUT OF ROBLEX INDUSTRIAL
AREA, BLOCK 6, LOT 16, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO
"I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO
ALLOW ONE (1) UL2085 ABOVE GROUND FUEL STORAGE TANK NOT
TO EXCEED 15,000 GALLONS, SUBJECT TO A SITE PLAN AND FOUR
(4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Charles K. Miller, Jr., 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,
February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, March
24, 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 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16,
located on the east side of Plato Road, approximately 0.17 miles north at Bear Lane, from
"1 -2" Light Industrial District to "1 -2 /SP" Light Industrial District with a Special Permit to allow
one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a
site plan, attached, and four (4) conditions. (Zoning Map 050042) (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: All uses allowed in the "1 -2" Light Industrial District plus one UL 2085 above
ground fuel tank not to exceed 15,000 gallons.
B. Fire Department Approval: The above ground fuel tank shall meet all Fire
Department requirements.
C. Zoning Board of Adjustments Approval: The above ground fuel tank will not be
allowed without Zoning Board of Adjustment approval.
H: \ LEG-DIMS hared \ LEGAL-DEV. SVCS\2009 Agenda \ 3- 24\ QE I1- &ging0109- 06Miller- Roblex -I -2- special permit.doc
Page 2 of 3
D. Time Limit: Such Special Permit shall be deemed to have expired within 12 months
of the date of this ordinance, unless the property is being used as outlined in
Condition #1 and in compliance with all other conditions.
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 24th day
of March, 2009.
ATTEST:
Armando Chapa
CITY OF CORPUS CHRISTI
Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: March 16, 2009
borah Walther Brow
Assistant City Attorney
For City Attorney
H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \ 3- 24\ ORD- c5i4gQ109- 06Miller- Roblex -I -2- special perrnit.doc
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 Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \ 3- 24 \Q$tf 51020109- O6Miller- Roblex -I -2- special permit.doc
10
1.3
11
12
1 -2
13
.14
15
1- 2 /Sfnl°08 -01
SUBJECT
PROPERTY
O &LEX INDUSTRIAL AREA
16
1 -2
.7
°a °lulu
18
19A
19B
20
127SWY05 -11
21
R -1B
I4USSELL FARM rR
—aa __ oienlew
ote�ar�
CASE # 0109 -06
Planning Commission and Staff
Recommendation
From: "I -2"
To: "SP" with Four (4) Conditions
Ordinance No.:
-1 6 exhibit A
Metes and Bounds Description and
Site Plan
StateofTP.xas 1
County of Neeces
9624 S. ALAIIDA, Err 71H04
Po. 341 9112 -SS21— PAX 211 1024263
. -m,IIe a lsnfylwtscLama.
e.mMlr ellf@iJJr491n
RASE & WELSH ENGINEERING
P.O. En 097
Carpus Christi, TX 11466-6397
Zemin DesertpSa
lanuaty 21, 2009
00002oniog -61tl doc
DNniptien of a ENO sae ma of bed, more or Ica, a portion of I of 16, Mock 6. Robles Industrial Arse. a
map of which is recorded In Voktme 0S, Pew 2, Map Records. Weems County. Taw said 0.040 use tract as
farther described by mote and booee ea follows;
Sterling M the oetthw est censor of said Lot 16 lathe at r]ght -of -way line of Plato Road; these EAST
300.00' don the north boundary Mr Wald Lot 16; thews SOLTli 2$.W to itra MINT or 0*GINNJNG
soil madmen comer of to meet hereto thumbed;
THENCE EAST 2740' to point fa the ntnihert carom of the tract hereto desated;
THENCE SOUTH 7049' to a point for the towboat corder of site tract herein described;
THENCE WEST 25.10 to a point for the sa.ahwat corms of the tract herein de aced;
THIENCR NORTH 70.00' to the POINT OF1I11GINNING,
Shaer 1 of 1
H:1PLN- DIR\SHARCDU. Planning Commission4)t Vu1009 Scheduling Memos t0109 -06 Charles K. Miller doc
MST not
PROPOSED .ZONING TRACT
FOR FUEL STORAGE
TANK, 0.040 AC.
NORTH 70'
NORTH
f-CL FLAT° RD,
SKETCH TO ACCOMPANY METES
AND BOUNDS DESCRIPTION
+• - PCI
OM Me when SO M MIND
C . MOM
JOO PLOT %PLO
OCT OAlb ��
H:NLN- DIR \SHAREDM. Planning Commission \2001 8'099 Scheduling Memos■0109 -06 Charles K. Miller.doc
12
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: March 24, 2009)
Case No. 0209 -01. City of Corpus Christi / Thomas Gaddis (property owner): A change of zoning from a
"A -2" Apartment House District with a "HC -III" Historic Cultural- Landmark 111 District to an "A -2" Apartment
House District to remove the historical designation and which would not result in a change of land use. The
Subject Property is described as Jones Subdivision, Block 3, Lot 10 & Adjacent Alley, located at 1613 Mestina
Street between east of the Crosstown Expressway (SH 286) and west of Mexico Street.
Landmark Commission and Staffs Recommendation (December 18, 2008):
Approval of rescinding the "HC -Ill" Historic Cultural Designation.
Planning Commission's and Staff's Recommendation (February 4, 2009):
Approval of rescinding the "HC -III" Historic Cultural Designation.
Requested Council Action: Approval of Planning Commission's Recommendation.
Staff's Summary:
• Request: The Corpus Christi Landmark Commission is requesting the removal of the "HC -III"
Historic - Cultural designation for the residential property since the property has been determined to
be substandard.
• Historic Background Information: The property was designated "A -2/HC -III" Apartment House
District with a Historic- Cultural designation. It was designated by the City of Corpus Christi on
June 8, 1999. The structure was deemed historically significant to the Corpus Christi community
and therefore, warranted the Historic - Cultural designation. The owner's intent was to restore the
home to its original historical integrity and provide a space for possibly a residence, space for a non-
profit group, or a combination of both. The Texas Historical Commission criterion for homes
classified the subject property as an example of late 19th century Victorian -era architecture.
• Landmark Commission — At the December 18, 2008 Landmark Commission meeting, facts and
findings were presented as to the condition of the subject property. This consisted of information
collected through investigation by the Neighborhood Services and Development Services
Departments. In a statement submitted by Lorenzo Gonzales, P.E., a structural engineer for
Development Services, he described the substandard conditions of the subject property due to fire,
exposure to elements, and structural failure. The Landmark Commission voted to rescind the
"HC" Historic Cultural Designation.
• Existing Land Uses: The subject property is currently an abandoned residential use. A single -
family residence is located to the north; the remaining lots to the east, west, and south of the subject
property are vacant properties.
• Existing Zoning: The subject property is zoned "A-2/HC-III" Apartment House District with a
Historic - Cultural Designation. The purpose of the base zoning of "A -2" Apartment House District is
to provide a district with a residential use with a higher density capability and other institutional
uses (i.e. Non - profit, religious, educational, philanthropic institutions, hospitals, nursing homes and
homes for the aged). Residential density is a maximum of 36.3 units per acre. The "A -2" Apartment
House District requires a 20 -foot front yard setback and 5 foot side and rear yard setbacks, with a
minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. The "HC -III"
Historic - Cultural designation is a classification is used to designate a private structure open to the
public as a Landmark.
—171—
• Proposed Zoning: The purpose of the "A -2" Apartment House District is to provide a district with
a residential use with a higher density capability and other institutional uses (i.e. Non - profit,
religious, educational, philanthropic institutions, hospitals, nursing homes and homes for the aged).
Residential density is a maximum of 36.3 units per acre. The "A -2" Apartment House District
requires a 20 -foot front yard setback and 5 foot side and rear yard setbacks, with a minimum street
frontage of 50 feet and a minimum lot size of 6,000 square feet.
• Transportation and Circulation: The subject property has access to Mestina Street. Currently,
Mestina Street 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 water line along the northern boundary of
the subject property.
o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the northern
boundary of the subject property.
o Stormwater: The City of Corpus Christi has a stormwater line along the northern boundary
of the subject property.
o Gas: The City of Corpus Christi has a 2 inch gas line along the northern 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 D30. Crime statistics since 1993 show an increase from its lowest
point of 863 crimes committed in 2003 to 958 crimes committed in 2005. The last year for
which statistics are available is 2005.
o Fire: The closest Fire Station is number two (I ), located at 514 Belden.
• Environmental Constraints:
o FEMA Flood Zone: Zone C; Area of minimal flooding.
o Soil Type: Urban Land; Victorian Association: Blackland soils of the
Coastal Plain.
• 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 20 on a scale of 100 points.
Smart Growth Principles which relate to the requested rezoning include:
o Make development decisions predictable, fair and cost effective. (10 points); and,
o Strengthen and direct development toward existing communities (10 points).
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject
property for residential uses; therefore, the proposed "A -2" Apartment House District is 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.
HAPLN- DER \SHARED \I. Planning Commission \2009 CC'Mar '09\D 209-01 CC Landmark Belanger House Agenda Memo.doc
—172—
• CORPUS CHRISTI POLICY STATEMENTS:
THE CONSTRUCTION OF QUALITY, AFFORDABLE NEW HOMES, AND THE
REHABILITATION OF SUBSTANDARD HOMES SHOULD BE ENCOURAGED.
Single- family home ownership is still viewed, by most people, as the ideal form of housing.
However, rising costs have made the purchase of new homes difficult for many citizens' especially
young families and minorities. The maintenance of older residential areas and the rehabilitation of run
down housing units will provide citizens with quality living environments and will help keep older
neighborhoods viable.
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 community has is its residential neighborhoods. A thriving
neighborhood environment can encourage reinvestment and new investment in the community,
promote conununity 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.
Staff Comment: The subject property exists in an older neighborhood that has the potential for
redevelopment. The substandard building poses sever risks and in order to improve the neighborhood,
it must be removed.
• SOUTH CENTRAL AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS:
POLICY STATEMENT B. 37 — Planning Area C
The Landmark Commission should evaluate areas in the South Central area for "historic
district" designation and a property owner incentive program for areas to be designated
historic. An incentive program encouraging property owners to preserve and restore designated
structures should be developed. Restoration should allow for contemporary use and emphasize
restoration of property exteriors.
POLICY STATEMENT B. 38 — Planning Area C
The City should establish historic preservation incentive programs to encourage property
owners who are willing to restore historic structures. Such programs may include tax
abatements, freezes on taxes, low interest loans for restoration, etc. These incentive programs
create a greater public awareness of historic properties and provide a modest reward for
property owners who wish to participate. Some cities have used annual events /tours of historic
homes and districts and historic plaques to educate the public and generate interest in historic
preservation.
Staff Comment: The subject property is an example of how a historically designated home can
deteriorate over time. Historic homes that may face a similar future can be salvaged if the proper
steps are taken. The policy statements above mention incentive programs to save historic homes, the
subject property (Berlanger House) serves as an example of when historic properties are allowed to
decline.
Traffic Count:
Street R.O.W.
Street
Urban
Transportation Plan
Ty pe
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Traffic Volume
2001
Mestina
Street
Not Designated
(Residential Street)
50 Feet
50 Feet
(Residential
Street)
Not available
H:IPIN- D112■SHAREDU. Planning Commission\009 CC'MU'09\0209 -01 CC landmark Belanger House Agenda Memo.doc
-173-
Plat Status:
The subject property is platted.
Previous Action
• This case was presented to the Corpus Christi Landmark Commission for action related to the
removal of the "HC -III" Historic - Cultural Designation at 1613 Mestina Street on December 18,
2008. After reviewing the facts and findings of the case a decision was rendered to remove the "HC-
III" Historic - Cultural Designation. This was supported by the evidence of structural failure due to
exposure, as well as, significant fire damage.
Department Comments:
• The subject property exists in an older neighborhood. It currently poses a safety hazard, but more
important a security liability. Vacant, deteriorated homes can become a refuge for the homeless and
a potential setting for illegal activity. Therefore, to protect the residents of this neighborhood the
first step is to remove the historic zoning so that the owner of the property can demolish the
structure. Subsequently, the property owner can then apply for a building permit for a new
residential structure.
Notification: Of the 19 notices mailed to the surrounding property owners five (15.75 %) notices were
returned in favor and zero (0.00 %) were returned in opposition. The 20% rule is not invoked. This case
is not 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.
affti 4\1—
Johnny Perale&, P.E.,
Interim Assistant City Manager
of Development Services
Attachments:
1) Zoning Report
2) Planning Commission Minutes (February 4, 2009)
3) Ordinance
PIM/Project Manager
S,CP /CP
Planning Director
H :PLN- DIR\SHARED \l. Planing Commission\21109 CC\Mar V9\A209-01 CC Landmark ndmark Belanger House Agenda Mena.doc
-174-
CITY COUNCIL
ZONING REPORT
Case No.: 0209 -01
Planning Connnission Hearing Date: February 4, 2009
Applicant & Legal
Description
Applicant: City of Corpus Christi Landmark Commission
Owner: Thomas W. Gaddis
Representative: David Brown, Chairman of City of Corpus Christi Landmark Commission
Address: 1613 Mestina Street
Legal Description/Location: Jones Subdivision, Block 3, Lot 10 and adjacent alley, located
at 1613 Mestina Street, east of the Crosstown Expressway (SH 286), and west of Mexico
Street.
Zoning Request
From: "A-2/HC-III" Apartment House District with Historic - Cultural Designation
To: "A -2" Apartment House District
Area: 7,000 Square Feet
Purpose of Request: Removal of the "Historic-Cultural" Designation prior to demolition of
the substandard residential structure.
Zoning
Existing Land Use
Future Land Use
Site
"A-2" Apartment House
District
Vacant
Medium Density
Residential
North
"A-2" Apartment House
District
Low Density Residential
Medium Density
Residential
South
"A -2" Apartment House
District
Vacant
Medium Density
Residential
East
"A-2" Apartment House
District
Vacant
Medium Density
Residential
West
"A-2" Apartment House
District
Vacant
Medium Density
Residential
ADP, Map & Violations
Area Development Plan: This tract of land is located in the South Central Area Development
Plan and is planned for residential uses. The proposed change in zoning is consistent with the
adopted Future Land Use Plan which designates the area for commercial uses.
Map No.: 046,044
Violations:
8/22/08 VACANT BUILDING
8/29/07 DANGEROUS WEEDS
5/10/07 EMERGENCY BOARD -UP
4/13/07 SUBSTANDARD BUILDING
10/17/05 VACANT BUILDING
8/10/04 VACANT BUILDING
6/11/04 VACANT BUILDING
1/02/04 VACANT BUILDING
1/02/04 VACANT BUILDING
-175-
Zoning Report
Case #: 0209 -01, City of Corpus Christi Landmark Commission
Page 2
Staff's Summary:
• Request: The owner and the Corpus Christi Landmark Commission is requesting the removal of the
"HC -III" Historic - Cultural designation for the residential property since the property has been
determined to be substandard.
• Historic Background Information: The property was designated "A -2/HC -III" Apartment House
District with a Historic - Cultural designation. It was designated by the City of Corpus Christi on
June 8, 1999. The structure was deemed historically significant to the Corpus Christi community
and therefore, warranted the Historic - Cultural designation. The owner's intent was to restore the
home to its original historical integrity and provide a space for possibly a residence, space for a non-
profit group, or a combination of both. The Texas Historical Commission criterion for homes
classified the subject property as an example of late 19th century Victorian-era architecture.
• Landmark Commission — At the December 18, 2008 Landmark Commission meeting, facts and
findings were presented as to the condition of the subject property. This consisted of information
collected through investigation by the Neighborhood Services and Development Services
Departments. In a statement submitted by Lorenzo Gonzales, P.E., a structural engineer for
Development Services, he described the substandard conditions of the subject property due to fire,
exposure to elements, and structural failure. The Landmark Commission voted to rescind the
"HC" Historic Cultural Designation.
• Existing Land Uses: The subject property is currently an abandoned residential use. A single -
family residence is located to the north; the remaining Tots to the east, west, and south of the subject
property are vacant properties.
• Existing Zoning: The subject property is zoned "A -2/HC -III" Apartment House District with a
Historic - Cultural Designation. The purpose of the base zoning of "A -2" Apartment House District is
to provide a district with a residential use with a higher density capability and other institutional
uses (i.e. Non - profit, religious, educational, philanthropic institutions, hospitals, nursing homes and
homes for the aged). Residential density is a maximum of 36.3 units per acre. The "A -2" Apartment
House District requires a 20 -foot front yard setback and 5 foot side and rear yard setbacks, with a
minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. The "HC -III"
Historic - Cultural designation is a classification is used to designate a private structure open to the
public as a Landmark.
• Proposed Zoning: The purpose of the "A -2" Apartment House District is to provide a district with
a residential use with a higher density capability and other institutional uses (i.e. Non - profit,
religious, educational, philanthropic institutions, hospitals, nursing homes and homes for the aged).
Residential density is a maximum of 36.3 units per acre. The "A -2" Apartment House District
requires a 20 -foot front yard setback and 5 foot side and rear yard setbacks, with a minimum street
frontage of 50 feet and a minimum lot size of 6,000 square feet.
• Transportation and Circulation: The subject property has access to Mestina Street. Currently,
Mestina Street 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.
—176—
Zoning Report
Case #: 0209 -01, City of Corpus Christi Landmark Commission
Page 3
• Infrastructure Demand:
o Water: The City of Corpus Christi has a 6 inch water line along the northern boundary of
the subject property.
o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the northern
boundary of the subject property.
o Stormwater: The City of Corpus Christi has a stormwater line along the northern boundary
of the subject property.
o Gas: The City of Corpus Christi has a 2 inch gas line along the northern 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 D30. Crime statistics since 1993 show an increase from its lowest
point of 863 crimes committed in 2003 to 958 crimes committed in 2005. The last year for
which statistics are available is 2005.
o Fire: The closest Fire Station is number two (1), located at 514 Belden.
• Environmental Constraints:
o FEMA Flood Zone: Zone C; Area of minimal flooding.
o Soil Type: Urban Land; Victorian Association: Blackland soils of the
Coastal Plain.
• 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 20 on a scale of 100 points.
Smart Growth Principles which relate to the requested rezoning include:
o Make development decisions predictable, fair and cost effective. (10 points); and,
o Strengthen and direct development toward existing communities (10 points).
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject
property for residential uses; therefore, the proposed "A -2" Apartment House District is 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:
THE CONSTRUCTION OF QUALITY, AFFORDABLE NEW HOMES, AND THE
REHABILITATION OF SUBSTANDARD HOMES SHOULD BE ENCOURAGED.
Single - family home ownership is still viewed, by most people, as the ideal form of housing.
However, rising costs have made the purchase of new homes difficult for many citizens' especially
young families and minorities. The maintenance of older residential areas and the rehabilitation of run
—177—
Zoning Report
Case #: 0209 -01, City of Corpus Christi Landmark Commission
Page 4
down housing units will provide citizens with quality living environments and will help keep older
neighborhoods viable.
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 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.
Staff Comment: The subject property exists in an older neighborhood that has the potential for
redevelopment. The substandard building poses sever risks and in order to improve the neighborhood,
it must be removed.
• SOUTH CENTRAL AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS:
POLICY STATEMENT B. 37 — Planning Area C
The Landmark Commission should evaluate areas in the South Central area for "historic
district" designation and a property owner incentive program for areas to be designated
historic. An incentive program encouraging property owners to preserve and restore designated
structures should be developed. Restoration should allow for contemporary use and emphasize
restoration of property exteriors.
POLICY STATEMENT B. 38 — Planning Area C
The City should establish historic preservation incentive programs to encourage property
owners who are willing to restore historic structures. Such programs may include tax
abatements, freezes on taxes, low interest loans for restoration, etc. These incentive programs
create a greater public awareness of historic properties and provide a modest reward for
property owners who wish to participate. Some cities have used annual events /tours of historic
homes and districts and historic plaques to educate the public and generate interest in historic
preservation.
Staff Comment: The subject property is an example of how a historically designate home can
deteriorate over time. Historic homes that may face a similar future can be salvaged if the proper
steps are taken. The policy statements above mention incentive programs to save historic homes, the
subject property (Berlanger House) serves as an example of when historic properties are allowed to
decline.
Traffic Count:
Street R.O.W.
Street
Urban
Transportation Plan
Type
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Traffic Volume
2001
Mestina
Street
Not Designated
(Residential Street)
50 Feet
50 Feet
(Residential
Street)
Not available
-178-
Zoning Report
Case #: 0209 -01, City of Corpus Christi Landmark Commission
Page 5
Plat Status:
The subject property is platted.
Previous Action
• This case was presented to the Corpus Christi Landmark Commission for action related to the
removal of the "HC -III" Historic - Cultural Designation at 1613 Mestina Street on December 18,
2008. After reviewing the facts and findings of the case a decision was rendered to remove the "HC-
IIP" Historic - Cultural Designation. This was supported by the evidence of structural failure due to
exposure, as well as, significant fire damage.
Department Comments:
• The subject property exists in an older neighborhood. It currently poses not only a safety hazard, but
more important a security liability. Many of these homes in the colder months become a refuge for
the homeless and a potential plethora of illegal activity. Therefore, to protect the residents of this
neighborhood steps must be take to mitigate this risk, ergo removal of the substandard structure by
means of demolition. Simultaneously, the created vacancy of the subject property would allow for
new residential development and improvement to the overall milieu of the neighborhood.
Landmark Commission Recommendation
Approval.
Staff Recommendation:
Approval.
Planning Commission Recommendation:
Approval.
O
cii
'at
E Gel
0
v
Number of Notices Mailed: 19; 19 within 200 foot notification area; 0 outside notification area
Favor — 5 (inside notification area); 0 (outside notification area)
Opposition — 0 (inside notification area); 0 (outside notification area)
(As of January 28, 2009)
Attachments: 1. Neighborhood 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2007 Aerial
5. Subject Property
6. Site — Existing Zoning, Notice area, Ownership
7. Comments received from Public Notices mailed
8. Notice Mailing List
9. District Uses
10. Smart Growth Principles
11. City Charter — Article V- Planning
—179—
CASE # 0209 -01
1. NEIGHBORHOOD - 2007 AERIAL
EdSubject
Property
Refer to Map 2e & 2b for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
Map Scale: 1:10.000
trealtiPM
-1 :1-
Ts o'�.,ry' °� f
win
® rte r •
4'
+fit
m Nam
',elm, E ^.�1'�i7 i t
Mille ttl" 1.141
-
v
1111-:1111 - milltn iF1
f
CASE # 0209 -01
2.a. NEIGHBORHOOD - EXISTING LAND US
LDR
Estate Residential - ER All
Low Density Res. - LDR
® Med Density Res. - MDR
- High Density Res. - MDR
Mobile Home - MH OE
Vacant • VAC
Professional Office - PO
Commercial - COM
Light Industrial - LI
Heavy Industrial - HI
Public Semi - Public - PSP
Park
Drainage Corridor - DC
Conservatlon/Preservation - CP
Water
LER
n
SUBJECT
PROPERTY
0 100 200
VAC
VAC
LEOPARD ST
Lac
CASE # 0209 -01
2.b. SITE- EXISTING LAND USE
Estate Residential - ER ® Light Industrial - Li
Ma Low Density Res. - LDR ® Heavy Industrial -1-11
Es Med Density Res. • MDR Public Semi- Public - PSP
Ng High Density Res. - HDR Park
- Mobile Home - MH Drainage Corridor - DC
Vacant - VAC Conservation/Preservation CP
EM Professional Office - PO CI Water
Commercial - COM
riza
C O M A N C H E ST 02/02/2009
Prepared By: 9RR
vAC ,_. _ Dent of Dele mmSlxe
-185-
rrrre
7—i
raLMS
CASE
3.a. NE/GHBORHOO
# 0209 -01
D - FUTURE LAND USE
0
CDR'
Agricutfurdl/RUral - AR
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
High Density Res. - MDR
- Mobile Home - MH
Vacant - VAC
gle Professional Office- PO
- Commercial - COM
Transportation Plan
Existing Proposed
Arterials - --
Collectors —
Ekpressways um
S Parkway
11111 Railroad
- Tourist - TOR
- Research/Business Park - RBP
® Light Industrial - LI
® Heavy Industrial - HI
- Public Semi - Public - PSP
- Park
gm Drainage Corridor - DC
Dredge Placement - DP
Water
Conservation/Preservation - CP
Map Scale: 1:10,000
n
CASE
# 0209 -01
3.b. SITE- FU
Agricultural/Rural - AR
Estate Residential - ER
Low Density Res. - LDR
® Med Density Res. - MDR
High Density Res • HER
Mobile Home - MH
Vacant - VAC
gin Professional Office - PO
_ Commercial - COM
Transportation Plan
Existing Proposed
Arterials - - -•
— Collectors �- -•
esesee Expressways an
WA Parkway
+1++1- Railroad
TURE LAND USE
- Tourist - TOR
-. Research/Business Park - RBP
® Light Industrial - LI
® Heavy Industrial - HI
- Public Semi - Public • PSP
S Park
® Drainage Corridor - DC
gis Dredge Placement - DP
Water
Conservation/Preservation - CP
Map Scale: 1:2,400
•
•
CASE # 0209 -01
4. SITE- 2007 AERIAL
Subject
Property
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
1 -2
lovenskioid par
T
5 4 3
6
5
7
8
9
10
11
12
8
it
12
WE
St
67
5
4
3
2
1
LEOPARD ST
5
6
-2 /SP
6
1 12\•
EH N A
4
3 2
1
93-04tSUBJECT
cOPERT
JONES
H
O
(4
w
-J
3
0
HWY 286
1�Feet
7
10
11
12
13
12
7
9
10
e
4
uIcrI
utIct
3
2
1
93-04tSUBJECT
cOPERT
JONES
H
O
(4
w
-J
3
0
HWY 286
1�Feet
7
8
9
10
I1
12
8
9
10
11 2
6
5
6
5
4
3
2
1
8
9
10
1�
7
8
9
5
4
1
Z_
Bi- 41 Y
12 13 i °-
8
9
10
1
IROWNLEE BLVD
6
5
4
3 2
1
A- 2�15'Pfe7 -a
6 5 4 3 2 1
1
? {.NmSa"
COMANCHE ST
6 5 I
A -2
7 8 9 11
12
6
5
4
02102009
Prepared BY: SRR
Deplrtmenr of Del l eJapmen bermes
CASE # 0209 -01
5. SUBJECT PROPERTY
®
Subject
Property
-193-
B -4
7
8
9
10
11 2
6
5
4
3
2
1
COMANCHE ST
6 5 I
A -2
7 8 9 11
12
6
5
4
02102009
Prepared BY: SRR
Deplrtmenr of Del l eJapmen bermes
CASE # 0209 -01
5. SUBJECT PROPERTY
®
Subject
Property
-193-
1 -2
SUBJECT
PROPERTY
/SP 93-04
10 11 12 13
7
P Ft6 C4
4 3 2 1
0
1-
ar
0
CO
Or
m
0
250
to
n
3
x
lovenskiold park
6
7
8
9
10
11
12
t0
0
2/
Peet
19 5® 3g
0 O 17 0 Ai
base NA $T
8
11
12
$T
67
5
4
3
2
1
kEOPARD $T
1111 E 9 TO
9
7 7 OMS
B-
6
6
5
5
4
4
3
3
2
0
1-
ar
0
CO
Or
m
0
250
to
n
3
x
lovenskiold park
6
7
8
9
10
11
12
t0
0
2/
Peet
19 5® 3g
0 O 17 0 Ai
base NA $T
8
11
12
$T
67
5
4
3
2
1
kEOPARD $T
1111 E 9 TO
9
7 7 OMS
B-
6
6
5
5
4
4
3
3
2
7
8
9 10
11 12
6
5
4
3
2
rat
0
7 8 1 9 10 11 12•
6 5 4 3 2 1
8
7
6
5
4
7
8 9 1
6 5
(1)
4
B-
a
8
7
6
5
4
7
8 9 1
6 5
(1)
4
7 8 9 f 11 m2
or
6 5 4 3 2 1
COMANCHE" $T
A -2
7 8 9
12
1
6 5
4
01/2112009
Prepated8y: SRR
Geplrtmelr of0e' optmnr services
CASE # 0209 -01
6. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
0.1 Apartment House Patna
A-IA Apartment House District
A -2 Apemnent House District
.AB Professional Office District
AT Apartnent -Tourist District
&I Neldlbahcod Business Distrid
&1A Neighborhood Business District
13-2 Bayitall Business District
&2A
&3
Bel
&5
Bi
BD
F -R
HC
Barren Island Business District
Business DRUM
General Business District
Primary Business District
PrimryBusiness Cat District
Corpus Chili Beath Design ad
Farm Rural District
Hlstaira4CUltuml landmark
Preservation
Eat
1-I Limited Industrial rind
F2 UgM Itickisbial District
-3 Heavy Industrial District
PUD Planned Vila DeMOpmenl
R -1A One Family Dwelling District
R -1B One Family Dwelling District
R -1C One Family Dwelling District
R -2 Multiple Dwdlmg District
RA One Family Dueling District
RE Residential Estate District
R-114 Tomah/oust Dinning District
SP Special Penntt
T -IA Travel Trailer Park District
T -1 B Manufactured Hare Park Disticl
T -IC Meamtuctted Kane SUbdtisai
District
Subject Roperty OOwners
web 200'bufia- infava-
4
Ar Owners wPhin 200 misted an Owners
attached ownership table a in oppavron
-19b-
B-
a
COMANCHE" $T
A -2
7 8 9
12
1
6 5
4
01/2112009
Prepated8y: SRR
Geplrtmelr of0e' optmnr services
CASE # 0209 -01
6. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
0.1 Apartment House Patna
A-IA Apartment House District
A -2 Apemnent House District
.AB Professional Office District
AT Apartnent -Tourist District
&I Neldlbahcod Business Distrid
&1A Neighborhood Business District
13-2 Bayitall Business District
&2A
&3
Bel
&5
Bi
BD
F -R
HC
Barren Island Business District
Business DRUM
General Business District
Primary Business District
PrimryBusiness Cat District
Corpus Chili Beath Design ad
Farm Rural District
Hlstaira4CUltuml landmark
Preservation
Eat
1-I Limited Industrial rind
F2 UgM Itickisbial District
-3 Heavy Industrial District
PUD Planned Vila DeMOpmenl
R -1A One Family Dwelling District
R -1B One Family Dwelling District
R -1C One Family Dwelling District
R -2 Multiple Dwdlmg District
RA One Family Dueling District
RE Residential Estate District
R-114 Tomah/oust Dinning District
SP Special Penntt
T -IA Travel Trailer Park District
T -1 B Manufactured Hare Park Disticl
T -IC Meamtuctted Kane SUbdtisai
District
Subject Roperty OOwners
web 200'bufia- infava-
4
Ar Owners wPhin 200 misted an Owners
attached ownership table a in oppavron
-19b-
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0209 -01
Name: CITY OF CORPUS CHRISTI LANDMARK COMMISSION
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
19
0
I. Notices returned from within the 200 -foot notification area:
Favor: 5
Opposition: 0
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
IV. Unsolicited responses received concerning subject area:
Favor: 0
Opposition: 0
H:\PLN- DIR\SHARED \1. Planning Commission\2009 P02009 Public Comments \0209- 01.doc
—197—
110111111101110!
1111!|!|| § |` ]`m` "!. p ;m ■
1111 j§ |� §( / § 3r
I|||||||. §| pEsq dr 0O )1
ill § \ \§
1; " ®E
aaaapvl
-198-
glitHIMM
;u: :, :
!!! 22RM,,,
))ga#9tt
.............. ;. ;,
| 111111111111111111111
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 is
occupied by ten (10) or more multi- family units, one (1) ground or monument
freestanding sign, which shall be set back ten (10) feet from the property line and shall
not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in
lieu of a wall sign.
(b) Properties consisting of more than one hundred (100) feet of street frontage are permitted
either one (1), forty (40) square foot wall identification sign, which shall not utilize or
incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square
foot ground or monument freestanding sign per premise per street frontage. The
freestanding sign shall be set back ten (10) feet from the property line and shall not
exceed ten (10) feet in height and may be illuminated by ground lighting only and such
lighting shall be directed away from traffic flow on the adjacent street(s).
(c) In addition to the above, multi - family properties shall be permitted one (I) 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
-199-
- 45 -
(12) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01)
(13) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04)
(a) For properties developed with single - family, duplex, or townhome uses, the sign may not
exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized
flyer box. Only one sign per street frontage is allowed.
(b) For undeveloped properties containing not less than three (3) acres and not more than five (5)
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8)
feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one
letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
Section 9-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 9-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in
Article 23.
Section 9-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be set forth in the
chart of Article 24, and in addition the following regulations shall apply:
9 -5.01 Buildings may exceed sixty (60) feet or four (4) stories in height provided that forty percent (40 %)
of the site is devoted to non - vehicular open space.
9 -5.02 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where
no cooking facilities are provided in individual rooms or apartments.
Section 9-6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 AT
-200-
- 25 -
ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS
Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this
article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to
provide for single- family residential development of relatively more spacious character together with such
public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary
or are normally compatible with residential surroundings. The district is located to protect existing
development of high character and contains vacant land considered appropriate for such development in the
future.
Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not
including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an
extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and
provided no retail or wholesale business office or store is maintained on the premises.
( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
( 3) Churches and parish halls, temples, convents, and monasteries.
( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under
which teaching is conducted equivalent to a public school and institutions of higher learning. In connection
with the use of such premises as a college or school, the premises may be used for signs, excluding portable
signs, which are within 100 feet of a public street for identifying any permitted educational or related
athletic facility or publicizing related educational events provided that no sign contain any commercial
message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a
public street are permitted without restriction provided such sign does not incorporate flashing, moving, or
intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise
limited. Any sign not in compliance with this paragraph for the use of colleges and schools described
herein shall be granted the status of a nonconforming sign upon the registration of such sign with the
Building Official or his designated representative within six months of the effective date of this ordinance
verifying for each sign:
(a) that the sign was constructed and in use prior to January 1, 1989;
(b) that the sign is used to identify or publicize educational or related athletic events;
(c) the location of the sign; and
(d) the percentage of total sign area which is used or dedicated to a commercial logo or
commercial message.
All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of
Article 26 -11, Nonconforming Signs of this Zoning Ordinance.
( 5) Home occupations.
( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric
and telephone mains and incidental appurtenances.
( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges
and similar activities operated as a business), nonprofit, nongovernmental public recreation, and
community buildings.
02/08 R -IA
-201-
- 26 -
( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations,
but not including passenger stations, freight terminals, switching and classification yards, repair shops,
roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
( 9) Shell dredging in water submerged areas.
(10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years from
the time of erection of such temporary buildings, whichever is sooner.
(11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04)
(a) For properties developed with single - family uses, the sign may not exceed six (6) square feet,
including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per
street frontage is allowed.
(b) For undeveloped properties containing not less than three (3) acres and not more than five (5)
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight
(8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of
one letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
(12) Child care homes.
(13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest
houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary
church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or
intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi-
public uses.
(14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or
bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01)
Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 5-4 00-street Loading Regulations. The off- street loading regulations for permitted uses are contained in
Article 23.
02/08 R-1A
-202-
- 27 -
Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the
chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this
Ordinance and have the same force and effect as if all the notations and requirements set forth therein were
fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with
the lot area and yard requirements of the "R -1B" District as minimum requirements.
Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 R -IA
-203-
Attachment 10
Zoning Case: 0209 -01;
From: "A -2/HC -III" to "A -2"
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.
10
10. Encourage community and stakeholder collaboration in development decisions.
0
Staff Smart Growth Rating
20
—204—
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
-205-
Zoning Report
Case #: 0209 -01, City of Corpus Christi Landmark Commission
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.
-206-
Attachment 12
Belanger House c. 1997
Belanger House c. 2008
-207-
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday, February 4, 2009
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
Govind Nadkami
Mark Adame
Absent: Govind Nadkarni
STAFF:
Johnny Perales, PE, Interim Assistant City
Manager of Development Services
Faryce Goode- Macon, Assistant Director of
Development Services/Planning
Miguel S. Saldana, AICP, Senior City Planner
Bob Payne, AICP, Senior City Planner
Andrew Dimas, Planning Technician
Yvonne Haag - Director of Neighborhood
Services
Yvette Aguilar, Attorney I
Elena Juarez, Recording Secretary
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de
espanol a ingles en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order 5:34 p.m. by
Chairman Garza.
III. PUBLIC HEARING AGENDA ITEMS
B. ZONING
2. New Zoning
a. Case No. 0209 -01
City of Corpus Christi Landmark Commission -
A change of zoning from "A -2/HC -III" Apartment House
District with a Historical- Cultural Designation to an "A -2"
Apartment House District resulting in the removal of the
Historical Overlay District
Jones Subdivision, Block 3, Lot 10 and adjacent alley,
located at 1613 Mestina Street, east of the Crosstown
Expressway (SH 286), and west of Mexico Street
Mr. Andrew Dimas presented the above case via Power Point presentation. Mr.
Dimas stated the staff recommends approval. Mr. Dimas stated the "HC -III" Historical -
Cultural Designation is for a private structure that is open to public as a landmark. Mr.
Dimas stated the property is in a state of disrepair and showed photographs of stated
disrepair. Mr. Dimas also stated there are crime and vagrancy issues.
Public hearing was opened.
No one came forward in favor or opposition.
Public hearing was closed.
-208-
Planning Commission Meeting
February 4, 2009
Page 2
Motion for approval was made by Commissioner Martinez and seconded by
Commissioner Skrobarczyk . Motion passed unanimously with Commissioner Nadkarni
being absent.
H :IPLN- DIR\SHARED\ZONING\PLANNING COMMISSIOMMINUTES\2009\2-4-09 MINUTES.DOC
-209-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CITY OF CORPUS CHRISTI LANDMARK COMMISSION, ON
BEHALF OF THOMAS GADDIS, BY CHANGING THE ZONING MAP IN
REFERENCE TO JONES SUBDIVISION, BLOCK 3, LOT 10 AND
ADJACENT ALLEY, FROM "A -2 /HC -III" APARTMENT HOUSE
DISTRICT WITH A HISTORICAL - CULTURAL LANDMARK III DISTRICT
DESIGNATION 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 City of Corpus Christi Landmark
Commission, on behalf of Thomas Gaddis, 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,
February 4, 2009, during a meeting of the Planning Commission, and on Tuesday,
March 24, 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 Jones Subdivision, Block 3, Lot 10 and adjacent
alley, located at 1613 Mestina Street, east of the Crosstown Expressway (SH 286), and
west of Mexico Street, from "A-2/HC-Ill" Apartment House District with a Historical -
Cultural Landmark District Designation to "A -2" Apartment House District, without the
historical designation. (Zoning Map 046,044) (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.
H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda \ 3- 24 \OPf . tfing0209- O1- LandmarkComm- A -2.doc
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 24th day of March, 2009.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: March 16, 2009
borah Walther Brown
Assistant City Attorney
For City Attorney
H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 3- 24 \ OR9. zfning0209- 01- LandmarkComm- A -2.doc
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 -DE V.SVCS\2009 Agenda\ 3- 24\C 1R212i ng0209- 01- Landmarkcomm- A -2.doc
lovenskrold part
LEOPARD ST
-2/SP/93-04
SUBJECT
dROPERTY
JONES
kNNAN
Id HC -1
��' II 12 13
7 O 14
6 5 4 3 2 1
7 8 9 10 11 12
6 5 4 3 2
WM
MIS
CO
Id HC -1
��' II 12 13
7 O 14
6 5 4 3 2 1
7 8 9 10 11 12
6 5 4 3 2
WM
MIS
8 9 10 1
6 5 4 3
B -4
7 8 9 ]0 1] 2
6 5 4 3 2 1
CASE # 0209 -01
Applicant Request and Planning
Commission and Staff
Recommendation
From: "A -2" / HC -111
To: "A -2" District
Ordinance No.:
-1&44 It A
13
NO ATTACHMENT FOR THIS ITEM
-217-
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 24, 2009
AGENDA ITEM:
Motion authorizing the appointment of M. E. Allison as Financial Advisor; Wells Fargo Brokerage
Services as Senior Manager;.Cabrera Capital Markets, Inc., First Southwest Company, JP Morgan
Securities, Inc., Ramirez & Co., Inc., SAMCO Capital Markets, Inc. as Co- Managers; and Fulbright
& Jaworski as Bond Counsel for the City of Corpus Christi, Texas General Obligation Improvement
Bonds, Series 2009.
ISSUE:
The voters of Corpus Christi approved on November 8, 2008, $153,000,000 of capital projects. To
begin these projects, the City is planning on issuing up to $95,000,000 in General Obligation Bonds
before the end of the fiscal year. In order to facilitate this bond sale process, the City must appoint a
financing team.
REQUIRED COUNCIL ACTION:
Approval of the motion is required.
FUTURE COUNCIL ACTION:
March 31, 2009 -
Ordinance providing for the issuance of General Obligation Improvement Bonds,
Series 2009, of the City of Corpus Christi, Texas, in an aggregate principal amount not
to exceed $95,000,000; establishing parameters regarding the sale of the bonds;
providing for the levy, assessment and collection of a tax sufficient to pay the interest
on said bonds and to create a sinking fund for the payment of the principal.
PREVIOUS COUNCIL ACTION:
November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital
Improvement 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.
October 21, 2008 - Resolution expressing official intent to reimburse costs with respect to the Health
Department Laboratory Air Handler and Health Department Chiller Replacement
($355,000 as part of Bond 2008)
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the motion appointing the financing team for these
bonds.
4'). ao_
Constance P. Sanchez
Interim Director of Financial Services
Attachments. Financial Advisor Fee Schedule
Bond Counsel Fee Schedule
—221—
INV.ATN.NT BANKtNI
FINANCIAL ADVISORY FEE SC®ULE
giraintaigailithEln
Adis
Mostiks
$ s 250,000
250`000 350,000
350.000 500,000
s00o00 700,000
700000 1,000,000
1,000,000 1,500,000
1400,000 5,000,000
5,000,000 10,000,000
10,000•000 20 000,000
20,000.000 No Linde
57400 Ss 320.00 per 51,000 for all over 5150,000
s9,s00 pin $1oA0prsl,0oo tarn OM $250,000
3I0.500 pMr $$AO pu $1,000 Ir eft oar 3350,000
$11,700 jibe $7m per $1,000 far all over 5500,000
$13,100 Woe %AO per s1,000 Ix all war $700,000
514,900plusS5.00per 54000 Ito all over 51,000,000
:17,400 plus 53.00 per $1,000 for all over 51300,000
527,900 pia. 51.65 pwS1,000 Lr allover 35,000,000
536,150pSw$1A0 par S1,000 for all over $10,000,000
546,150 plus 50*5per 51,000 kr all over $20,000,000
le the swot the Deeds tobe hotted are Remus Booth or_rabi..taa Tax .ndRoveuus •
O.d l e leeof Obliptim, Reheats or Levee Pemba *eke s Abell be to amount computed.
hem the above mb.dule pbe 25%.
-222-
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Fee Schedule*
Principal Amount of Obligations Obligations*
(per $1,000 denomination)
$0 - $10,000,000 $1.2500
$10,000,001- $25,000,000 $1.1250
$25,000,001 - $50,000,000 $0.8750
$50,000,001 - $100,000,000 $0.7500
$100,000,001 - $200,000,000 $0.6250
Over $200,000,000 $0.5000
*This scale will be increased by 35% for the issuance of any refunding obligations and
provides for a minimum fee of $15,000 for the issuance of any Obligations.
*In addition, the City will authorize an amount not to exceed $5,000 to our Firm for
additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly
billing rates.
*To the extent that our Firm is responsible for preparing the offering documents relating
to the issuance of any Obligations, an additional fee of $7,500 will be charged.
*This fee scale is not applicable if the Obligations are issued in a variable rate mode, are
further secured with a liquidity facility, and/or involve the utilization of any derivative products,
are issued by a non -profit corporation created by the City, or are issued in connection with an
economic development financing, including a TIRZ or other similar financing.
*This fee schedule is applicable to the following types of Obligations: general obligation
bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness:
80467497.4
—223—
EXPENSE/SERVICE
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Expenses and Services Summary **
CHARGE
Binding
Data Base Research
Lexis, Westlaw, Information America
Deliveries
Ovemight/Express
Outside Courier
In -House
Courthouse Messengers
N/A
(Pricing varies in other office locations)
Costs allocated by the Firm
Direct Cost
Direct Cost
N/A
(Pricing varies in other office locations)
$40.00/Hour plus Transportation
(Pricing varies in other office locations)
Document Scanning $.12 per page — Direct Cost
Duplicating
Photocopy $0.15 per page
Color photocopy $0.85 per page
Microfilm/Microfiche $0.50 per page
Videography (duplication) $5.00 /tape plus $20.00 /duplication
Electronic Mail (via Internet) No Charge
Library Research by Library Staff $130.00 per hour
Weekend & Late Evening Air Conditioning N/A
(Pricing varies in other office locations)
Postage
Secretarial Overtime
Facsimile (Outgoing)
—224—
80467497.4
Direct Cost on any item or group of items which
cost $1.00 or more
$28.00 per hour
(Pricing varies in other office locations)
$0.80 per page plus applicable LD charges
EXPENSE/SERVICE
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Expenses and Services Summary **
CHARGE
Telephone
Long Distance (Domestic)
Long Distance (International)
File Storage Retrieval
$0.30 per minute
80% of direct dial rate
N/A
(Pricing varies in other office locations)
Transportation
Mileage (personal automobile) Applicable IRS allowable rate per mile
Lodging Direct Cost
Meals Direct Cost
Car Rental /Airline /Rail /Etc. Direct Cost
CD -ROM Research
$30.00 - $50.00 per Search
(rate varies based on length of search)
Graphic Arts $120.00 - $150.00 per hour, plus direct cost of
supplies
Practice Support $60.00 - $215.00 per hour
E- Discovery Direct Cost
Firm hosting of on -site document review $5.00 per hour
performed by outside contract attorneys
** These fees are capped at $1,500.00 per individual Matter.
—225—
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: BoldFuture for the Coastal Bend Vision Summit Results
OUTSIDE PRESENTER(S):
Name Title /Position
Organization
1. Mary Sherwood, PhD Chief of Staff Texas A &M - Corpus Christi
2. Claudia Jackson Del Mar College
BACKGROUND:
In this briefing, the Council will hear the top ten vision ideas as selected by the over
300 participants attending the BoldFuture for the Coastal Bend Vision Summit, which
was held on February 28, 2009.
PowerPoint
Supplemental Information El
—229—
BOLDFUTURE FOR THE COASTAL BEND
VISION SUMMIT RESULTS
This report lists the top vision ideas as selected by the 300+ participants attending the
BoldFuture for the Coastal Bend Vision Summit, Feb. 28, 2009. Results were gleaned
from 175 collaborative ideas synthesized from input gathered from 80+ community
meetings and 1,800 participants, telephone surveys from 850 Coastal Bend residents and
data gathered in the BoldFuture Community Profile. Summit participants provided more
than a dozen new ideas. Those that garnered sufficient votes to move the new idea to the
top of the priority list are included below.
1. VIBRANT ECONOMY
• Government, business and community leaders cooperate to implement a shared
vision for economic development.
• Higher education connects the community and industry, educating people to fill
local jobs and creating a skilled workforce that draws employers to the region.
• The Coastal Bend is a major tourist destination for visitors from Texas, other
states and around the world, including vacationers, conventions, and cruise lines.
• The Coastal Bend is a world - renowned destination that attracts people as a place
to visit, study, live, work and play.
• Tax incentives attract businesses and industry to the region, bringing new jobs
and spurring economic development.
2. THRIVING EDUCATION AND ENTERTAINMENT
• Corpus Christi and other areas of the Coastal Bend are alive with vibrant, unique
and modern communities and centers that blend art exhibits, local and big
name entertainers and cultural attractions.
• The Coastal Bend has good jobs, a strong educational system and appealing
activities and attractions that keep people from leaving our city, while attracting
educated, forward - thinking people to relocate here.
• A seamless K -16 educational system prepares students for higher education or
professional trades — resulting in a better future for all our youth.
• The Coastal Bend has a greater number and variety of quality things to do,
including festivals, restaurants, community parks, water sports, museums, large
and small shops, camping, and local celebrations.
• The Coastal Bend has top quality public school systems with highly trained,
sufficiently rewarded teachers that attract businesses and families to the region.
• Increased Parent Education programs and involvement in education, promote
early childhood (0 -4) programs, and strengthen families.
1
—230—
3. WELL PLANNED REGION
• Corpus Christi and other regional commercial centers have renovated or
replaced vacant, boarded -up buildings, including the Coliseum and old
Courthouse, redeveloping those areas with thriving attractions such as a new
farmer's market, various shops or water park.
• Corpus Christi has redeveloped and rebuilt the downtown area, transforming it
into a thriving district for residents and tourists to congregate.
• Corpus Christi and other Coastal Bend communities have vibrant, active
waterfronts that are pedestrian- friendly, with a boardwalk, shops, water activities
and nature events.
• The Coastal Bend has an interconnected system of walkable, bikeable parks,
greenspaces, open spaces and beaches for people to gather, appreciate nature,
and enjoy the arts, concerts and cultural attractions.
• The Coastal Bend's urban infrastructure (e.g., streets, water, sewer systems,
etc.) has improved and is adequately funded to support population and industrial
growth.
4. SAFE, HEALTHY COMMUNITIES
• The Coastal Bend is a safe region that promotes the health of its citizens and
instills a higher sense of safe and strong neighborhood pride that is validated
and protected by its citizens and that leads to responsible ownership.
• Coastal Bend communities place a stronger emphasis on exercise, fitness and
outdoor activities to support a healthier lifestyle.
• Our educational systems in the Coastal Bend prepare our youth for the future,
teaching them responsibility, keeping them stimulated and reducing truancy and
dropouts.
• All Coastal Bend communities are clean, livable and affordable places, where
people meet their economic, educational, health, and cultural needs.
• Corpus Christi has a vibrant and accessible downtown where increasing
numbers of people enjoy living, working, shopping, and socializing.
5. COMMUNITY IDENTITY AND LEADERSHIP
• Local government in the region is open - minded and forward thinking, always
working to facilitate innovation, progress and inclusivity.
• There is strong public ownership of our region's future and civic pride in what
we have accomplished together in making it more beautiful and prosperous.
• Coastal Bend political leaders are forward thinking and open to positive growth
and progress.
—231--
• Cities and communities in the Coastal Bend cooperate to share resources and
promote social, community and economic development.
• The Coastal Bend is branded and marketed as a thriving, forward - thinking
community diverse in its population, economy, education and quality of life
opportunities.
• People in the Coastal Bend respect one another and celebrate their differences
and diversity as a unique and valuable community asset while remaining a
unified community with a common vision,
6. SUSTAINABLE ENV]RONMENT
• The Coastal Bend has well- maintained infrastructure that has grown to support
an expanded population in a sustainable manner.
• The Coastal Bend has become a leader in wind and solar energy technology,
utilizing the local environment to generate sustainable energy.
• Coastal Bend cities have appealing architecture, cleaned up or re -used
abandoned and historic buildings and enforced building codes to prevent
eyesores.
• The Coastal Bend is a "green- minded" region where residents and businesses
value the environment and sustainability.
• Our natural assets and environment have been conserved and capitalized on in
a responsible way, improving local quality of life and attracting visitors.
• Coastal Bend beaches, paths and parks are clean, well maintained, and
inviting to use, with natural landscaping and an abundance of shade trees and
greenery.
• The Coastal Bend region has reached zero consumption; able to produce the
natural and consumable resources it needs to sustain itself.
-232-
for the Coastal Bend
BOLDFUTURE VISION SUMMIT
VISION IDEAS
Based on Input from
Thousands of Residents
Participating in the
"BoldFuture for the Coastal Bend"
Community Visioning Initiative
MARCH 13, 2009
(Revised to include 50 new ideas
at end of each focus area section)
-233-
TABLE OF CONTENTS
1. VIBRANT ECONOMY 4
ECONOMY AND ECONOMIC DEVELOPMENT 4
BUSINESS AND INDUSTRY 4
JOBS AND EMPLOYMENT 4
WAGES AND SALARIES 5
TAXES
5
REGIONAL IDENTITY AND PROMOTION 5
TOURISM 6
2. THRIVING EDUCATION AND ENTERTAINMENT 7
K -12 EDUCATION 7
LIFE -LONG LEARNING 7
UNIVERSITY, COLLEGE, PROFESSIONAL AND JOB TRAINING 7
INTELLECTUAL CAPITAL 8
ARTS AND ENTERTAINMENT 8
ACTIVITIES, EVENTS AND AMENITIES 8
3. WELL- PLANNED REGION 10
REGIONAL GROWTH AND LAND USE 10
COASTAL DEVELOPMENT 10
URBAN DEVELOPMENT 10
PARKS AND PUBLIC SPACES 11
PORT AND INFRASTRUCTURE 11
ROADS, BRIDGES AND TRAFFIC 11
PUBLIC TRANSPORTATION 12
4. SAFE, HEALTHY COMMUNITIES 13
CRIME AND SAFETY 13
POVERTY AND SOCIAL WELFARE 13
QUALITY OF LIFE AND LIVABILITY 13
HEALTH AND WELLNESS 14
RECREATION 14
SENIORS, YOUTH AND FAMILIES 14
BoldFuture Vision Summit 2 Vision Ideas 03.13.09
-234-
5. COMMUNITY IDENTITY AND LEADERSHIP 16
GOVERNANCE 16
LEADERSHIP 16
CIVIC ENGAGEMENT 16
COMMUNITY INVOLVEMENT 16
COOPERATION 17
DIVERSITY 17
LOCAL CULTURE 17
6. SUSTAINABLE ENVIRONMENT 19
POPULATION GROWTH 19
NATURAL RESOURCES AND ALTERNATIVE ENERGY 19
COAST AND NATURAL SURROUNDINGS 19
POLLUTION, AIR AND WATER QUALITY 19
SUSTAINABILITY, RECYCLING AND CONSERVATION ')()
COMMUNITY APPEARANCE AND CLEANLINESS 20
BoldFuture Vision Summit 3 Vision Ideas 03.13.09
-235-
1. VIBRANT ECONOMY
ECONOMY AND ECONOMIC DEVELOPMENT
1.1 Growing, Thriving Economy. The Coastal Bend has a thriving, growing economy that provides
economic and job opportunities for everyone.
1.2 Economic Diversity. We have a diverse economy built on high -tech research and development,
port industries and tourism, with a balance of local businesses and services providing stability and
resiliency.
1.3 Entrepreneurship. The Coastal Bend is forward thinking and open to growth, fostering local
entrepreneurship and developing infrastructure that facilitates business growth.
1.4 Leadership for Economic Development. Government, business and community leaders cooperate
to implement a shared vision for economic development.
1.5 Regional Economic Cooperation. Coastal Bend communities are connected through economic
development and regional economic cooperation, with a long -term view for the common good.
BUSINESS AND INDUSTRY
1.6 Corporate Recruitment. Corporations are enticed to move to the Coastal Bend by our business -
friendly environment, skilled workforce, and abundant natural resources.
1.7 Big Industry / Small Business Mix. A vital mix of big industry and small local businesses provides
greater economic opportunities and consumer options for Coastal Bend residents.
1.8 High -Tech, Green Industry Leader. The Coastal Bend is a leader in high -tech, "green" industry and
a center for clean energy research and development.
1.9 Thriving Commercial Center. The Coastal Bend is a thriving commercial center, with a diverse and
competitive business community that caters to both residents and tourists.
1.10 Thriving Small & Local Businesses. Small and local businesses thrive in an environment where
entrepreneurship and ingenuity are encouraged and facilitated.
1.11 Changing Refinery Industry. Refineries continue to be a major part of the local economy, adapting
to changing needs by developing new, clean fuels.
1.12 An International Port. Our port is an even more robust center for international trade, attracting
shipping and cruise lines and building stronger economic ties with other countries.
JOBS AND EMPLOYMENT
1.13 Diversified Employment Market. The Coastal Bend has a strong, diversified employment market,
with low unemployment and opportunities for anyone to train for and secure meaningful employment.
1.14 Jobs for All Skill Levels. Jobs exist for Coastal Bend residents of all education and skill levels,
including jobs that provide opportunities for advancement and long -term careers.
1.15 Workforce Development and Higher Education. Higher education connects the community and
industry, educating people to fill local jobs and creating a skilled workforce that draws employers to
the region.
BoldFuture Vision Summit 4 Vision Ideas 03.13.09
—236—
1.16 Clean, High -Tech Industry Jobs. Clean, high -tech industries in the Coastal Bend provide an
abundance of jobs for qualified college graduates.
1.17 Local Career Options for Youth. Our youth and new college graduates have a variety of available
job and career options, enabling them to remain and thrive in the Coastal Bend.
WAGES AND SALARIES
1.18 Increased Wages and Salaries. Local wages and salaries have increased to reflect a better
prepared and educated workforce, increasing the region's average wages and per capita income.
1.19 Family Wage Jobs. The Coastal Bend has an adequate number of family wage jobs, enabling
anyone with appropriate training and skills to secure a good job affording a good quality of life.
1.20 High -Tech and Corporate Jobs. There are more opportunities for higher paying jobs in the Coastal
Bend due to an increase in high -tech and corporate employers moving into the region.
1.21 Competitive Salaries in Health and Education. Teachers and medical workers enjoy more
competitive salaries that in turn attract and retain more qualified workers in the Coastal Bend.
TAXES
1.22 Tax Incentives for Economic Development. Tax incentives attract businesses and industry to the
region, bringing new jobs and spurring economic development.
1.23 Expanded Tax Base. With an improved economy and increase in jobs, Nueces and San Patricio
Counties have expanded and diversified tax bases, providing for well- funded infrastructure and
education.
1.24 Tax Revenues from Tourism. Revenues from tourism and other forms of economic development
have reduced taxes paid by Coastal Bend residents.
1.25 Fair and Affordable Property Taxes. Property taxes in the Coastal Bend are affordable, fair, and
shared by all neighborhoods, so no single segment of the community bears an unfair burden.
1.26 Expanded Community College Access. Access to community college educational opportunities is
maximized through lower tuition and fees and a tax base appropriate to serve the region.
REGIONAL IDENTITY AND PROMOTION
1.27 Living Up to Our Name. Corpus Christi is a leading city in Texas that lives up to its name as the
"Sparkling City by the Sea," known for its friendly, laid -back community atmosphere.
1.28 World- Renowned Destination. The Coastal Bend is a world - renowned destination that attracts
people as a place to visit, study, live, work and play.
1.29 Protecting Unique Community Assets. The Coastal Bend protects and stewards its unique
community assets to continue to attract tourists, talent and business.
BoldFutureVision Summit 5 Vision Ideas 03.13.09
-237-
TOURISM
1.30 Major Tourist Destination. The Coastal Bend is a major tourist destination for visitors from Texas,
other states and around the world, including vacationers, conventions and cruise lines.
1.31 Premier Eco- Tourism Destination. The Coastal Bend is a premier eco- tourist destination, where
visitors explore a protected natural environment and enjoy outdoor recreation, sunshine and fresh air.
1.32 Tourism as Economic Development. Tourism plays an important role in our economy and tax
base, while being sensitive to the needs of local residents and our environment.
1.33 Tourist - Friendly Downtown and Waterfront. Corpus Christi has a vibrant, tourist- friendly
downtown and waterfront amenities that entice people to visit and stay for more than our beaches.
1.34 Balanced Tourist Development. We have planned our tourism development, with a variety of
major attractions and events, to balance with small businesses and cultural opportunities for
residents.
IDEAS ADDED AT VISION SUMMIT
1.35 Regional economic stimulus activities, including regional (angel - network) venture capital fund
and technology making use of regional resources
1.36 Business friendly, development services to promote growth and development
1.37 Emphasize family benefits when recruiting new businesses, executives and employees
1.38 Eliminate drug use /abuse as a major employment barrier —drug -free community /work force
1.39 Expand services at CC International Airport to accommodate more commercial air service and
as a major air cargo center for region
1.40 Character development within the workforce
1.41 Decrease government spending
1.42 Develop a strong economic recovery plan, post - hurricane
1.43 Denser mixed -use development around future transportation nodes.
1.44 Engage youth and young adults more effectively in economic development planning
1.45 Focus growth and expansion of existing business and industry
1.46 Harbor Bridge replacement
BoldFuture Vision Summit 6 Vision Ideas 03.13.09
-238--
2. THRIVING EDUCATION AND ENTERTAINMENT
K -12 EDUCATION
2.1 Quality Public Schools. The Coastal Bend has top quality public school systems with highly
trained, sufficiently rewarded teachers that attract businesses and families to the region.
2.2 Pride in Our Schools and Facilities. Coastal Bend residents take great pride in our educational
system and facilities, with new or improved educational facilities that foster successful learning.
2.3 Smaller Student - Teacher Ratios. Our educational system is known for its 'learning communities'
with smaller student - teacher ratios.
2.4 Higher Graduation Rates. The Coastal Bend has substantially increased high school graduation
rates and decreased the number of dropouts.
2.5 Well Educated, Prepared Students. Coastal Bend students are well educated, achieve high test
scores and are well prepared for their future in the community.
2.6 Preparing Youth for Higher Education or Trades. A seamless K -16 educational system prepares
students for higher education or professional trades — resulting in a better future for all our youth.
LIFE -LONG LEARNING
2.7 An Educated Community. Coastal Bend residents place high value on an educated community and
support quality education for all community members as the basis of a socially and economically
thriving population.
2.8 Support for Life -Long Learning. Our community strongly supports education based on real world
experiences that occurs throughout the lifespan of our residents.
UNIVERSITY, COLLEGE, PROFESSIONAL AND JOB TRAINING
2.9 World Class Higher Education. Higher education in the Coastal Bend offers highest quality
programs in expanded subject fields and is recognized throughout the world for its excellence.
2.10 Expanded Higher Education System. Our higher education system has expanded greatly, with
greater selection of programs/ majors and larger campuses, supporting more students, programs,
degrees and research.
2.11 Expanded Campuses. New campus locations developed through business /higher education
partnerships has made downtown Corpus Christi and other areas of the Coastal Bend centers of
education and college life.
2.12 Accessible, Affordable Higher Education. Higher education and job training are accessible and
affordable, such that everyone who wants to can be educated and prosper because of it.
2.13 Higher Education and Employment. Higher education in the Coastal Bend specifically prepares
students for and helps them get jobs, with the goal of retaining college graduates in the area.
2.14 Higher Education - Business Partnerships. Higher education/business and industry partnerships
help prepare students for available jobs through joint research and job development programs.
BoldFutureVision Summit 7 Vision Ideas 03.13.09
—239—
2.15 Skilled, Qualified Workforce. The education level of local residents has increased, resulting in a
skilled and qualified workforce that meets the needs of existing industry and attracts new industry.
INTELLECTUAL CAPITAL
2.16 Retaining and Attracting Community Members. The Coastal Bend has good jobs, a strong
educational system and appealing activities and attractions that keep people from leaving our city,
while attracting educated, forward- thinking people to relocate here.
2.17 Well- Educated Citizens. The Coastal Bend has more bright, well- trained and well- educated citizens
who choose to remain in the community, supporting advancements that help our region thrive.
ARTS AND ENTERTAINMENT
2.18 Vibrant Arts and Culture Downtown. Corpus Christi and other areas of the Coastal Bend are alive
with vibrant, unique and modern communities and centers that blend art exhibits, local and big name
entertainers and cultural attractions.
2.19 Arts Support Our Economy. The Coastal Bend's wide variety of arts and entertainment offerings
attracts tourists to visit and support our regional economy.
2.20 Entertainment Venues and Options. Coastal Bend residents of all ages, including families, have a
wider variety of quality entertainment venues and options that enrich our lives and gives us pride in
our area.
ACTIVITIES, EVENTS AND AMENITIES
2.21 More and Better Things To Do. The Coastal Bend has a greater number and variety of quality
things to do, including festivals, restaurants, community parks, water sports, museums, large and
small shops, camping and local celebrations.
2.22 Water - Related Attractions. The Coastal Bend has a diversity of water - related attractions — world -
class beach resorts, theme parks, and water parks — that attract people from all over the world.
2.23 Affordable, Family- Friendly Activities. Affordable family- oriented, child - friendly, and youth- enticing
activities are available throughout the region, supporting family life and positive youth socialization.
IDEAS ADDED AT VISION SUMMIT
2.24 Promote natural resources, outdoor adventure - wellness ( "outdoor wellness ")
2.25 Accessible, innovative education
2.26 Increase parent education and involvement, early - childhood (0 -4 years), strengthening family
2.27 Big attractions
2.28 Free child care for students pursuing education
2.29 Promoting citizenship through more constitutional education
2.30 Split CCISD into five units
BoldFuture Vision Summit 8 Vision Ideas 03.13.09
-240-
2.31 Altemative education programs for over -aged 5th -8th graders -- trade, vocational programs
2.32 Develop "Edu- tainment" opportunities
2.33 Add medical and law schools
2.34 Top 100 bestlbrightest high school
BoldFuture Vision Summit 9 Vision Ideas 03.13.09
-241-
3. WELL- PLANNED REGION
REGIONAL GROWTH AND LAND USE
3.1 Balanced Growth. The Coastal Bend encourages growth but is mindful of the balance between
growth and quality of life, and maintains its hometown appeal by staying "true to itself."
3.2 Protection of Natural Resources. The Coastal Bend protects its natural resources and assets and
uses them as a focal point of future growth, including the promotion of eco- tourism.
3.3 Maintaining Agricultural Areas. The Coastal Bend pays attention to the needs of maintaining rural
life, agriculture and farming, while allowing for growth necessary for the area to flourish.
COASTAL DEVELOPMENT
3.4 Clean, Quality Beaches. The Coastal Bend takes responsibility for its shorelines and coastal
assets, maintaining clean, quality beaches that are convenient for all to use and enjoy.
3.5 Vibrant, Active Waterfront. Corpus Christi and other Coastal Bend communities have vibrant,
active waterfronts that are pedestrian - friendly, with a boardwalk, shops, water activities and nature
events.
3.6 Coastal Tourism Development. The responsible development of our coastal areas has attracted
more tourists, while providing our residents and families with quality entertainment.
3.7 Island Vacation Development. The islands of the Coastal Bend have been carefully developed with
well - planned resorts, year -round vacationing and other tourist -based business while preserving their
natural beauty.
URBAN DEVELOPMENT
3.8 Balancing Big City and Small Town. Corpus Christi balances its attraction of big city business and
tourist dollars with maintaining a small town feel.
3.9 Downtown Redevelopment. Corpus Christi has redeveloped and rebuilt the downtown area,
transforming it into a thriving district for residents and tourists to congregate.
3.10 Elimination of Vacant Buildings. Corpus Christi and other regional commercial centers have
renovated or replaced vacant, boarded -up buildings, including the Coliseum and old Courthouse,
redeveloping those areas with thriving attractions such as a new farmer's market, various shops or
water park.
3.11 Downtown Attractions. Downtown Corpus Christi has a variety of attractions, including civic
centers, big hotels, convention centers, a farmers market, museums, shops and restaurants.
3.12 Parking for Public Attractions. Corpus Christi has ample parking to support the influx of people
into the city who wish to attend events or get out of their cars to walk through all of the city's many
attractions.
3.13 Smart, Green City Planning. The entire Coastal Bend emphasizes city planning that emphasizes
'smart growth,' mixed -use development and 'green' building practices.
BoldFuture Vision Summit 10 Vision Ideas 03.13.09
—242—
3.14 Capitalizing on Our Weather. The Coastal Bend has capitalized on its great climate and weather,
developing new buildings, venues and public amenities accordingly.
3.15 Parks and Open Spaces. The Coastal Bend has preserved and protected open spaces, parks and
pedestrian areas.
3.16 Affordable Housing Options. The Coastal Bend has developed a wide range of new and improved,
affordable housing options for local residents, especially for families.
PARKS AND PUBLIC SPACES
3.17 Interconnected Parks and Open Spaces. The Coastal Bend has an interconnected system of
walkable, bikeable parks, greenspaces, open spaces and beaches for people to gather, appreciate
nature, and enjoy the arts, concerts and cultural attractions.
3.18 Community Parks. Coastal Bend neighborhoods have more clean, well- maintained multi -use
community parks with biking, hiking and walking paths, and a variety of recreational options.
3.19 Recreation for Children, Families and Youth. The Coastal Bend has more outdoor recreational
activities for children, families and youth, including clean, safe beaches, swimming pools, skate
parks, playgrounds and sports fields.
PORT AND INFRASTRUCTURE
3.20 Expanded Port. Corpus Christi has expanded port operations and capacity that handle a wide
variety of cargo, support international trade and serve as a greater economic force for the city.
3.21 Adequately Funded Infrastructure. The Coastal Bend's urban infrastructure (e.g., streets, water,
sewer systems, etc.) has improved and is adequately funded to support population and industrial
growth.
ROADS, BRIDGES AND TRAFFIC
3.22 Improved Road System. The Coastal Bend has greatly improved its road system, with safe, well -
maintained streets and roads that have good drainage, attractive landscaping, sidewalks and other
pedestrian - friendly amenities.
3.23 Minimally Disruptive Road Construction. Road construction in the Coastal Bend is efficient, well
managed and minimally disruptive of resident travel and daily routines.
3.24 Efficient Traffic Management. The Coastal Bend has avoided the traffic congestion of other
regions through well- engineered traffic control, ample parking and free - flowing highways.
3.25 Bike Lanes. Major roads and arterials in the Coastal Bend have been redeveloped to incorporate
bike lanes and increased bicycle traffic.
3.26 Improved Harbor Bridge. Harbor Bridge has been replaced to better accommodate water traffic
and facilitate the safety of bridge travel.
3.27 New Bridges and Roads. New bridges and traffic arterial roads have been constructed in the
Coastal Bend to make traffic in and around the region safer, efficient and more convenient.
BoldFuture Vision Summit 11 Vision Ideas 03.13.09
—243—
3.28 Improved Airline Connections. Corpus Christi International Airport has upgraded its service levels,
with enhanced, more accessible airline connections and more direct flights.
PUBLIC TRANSPORTATION
3.29 Regional Transportation Connections. The Coastal Bend transportation system connects all parts
of the city, islands and the region, increasing accessibility and facilitating residential, commercial and
tourist travel.
3.30 Expanded Public Transportation. The Coastal Bend has greatly expanded public transportation,
including alternative modes, for more accessible and environmentally - friendly service that supports
both commuters and visitors.
3.31 Bike and Pedestrian Friendly City. Corpus Christi is a bike- and pedestrian - friendly city, with bike
lanes and pedestrian paths that connect downtown with neighborhoods, allowing for alternative
movement throughout the city.
IDEAS ADDED AT VISION SUMMIT
3.32 Improve marina facility including small boats, south end
3.33 Create voluntary committee to beautify Coastal Bend region, using natural resources
3.34 Create comprehensive interagency regional planning authority, i.e., to redevelop in -fill
3.35 Commercialize our natural resources, i.e. desalination plant
3.36 Improve images of smaller communities
3.37 Long -term harbor transit
3.38 More effective COG (Council of Govemments)
3.39 Redevelop North Beach downtown, i.e. arts and entertainment
3.40 Expand to include rail transportation for port
BoldFuture Vision Summit 12 Vision Ideas 03.13.09
-244-
4. SAFE, HEALTHY COMMUNITIES
CRIME AND SAFETY
4.1 A Safe Region for All. The Coastal Bend is a safe region for all its residents and visitors at all
times, with safe streets, schools, neighborhoods, parks and urban areas.
4.2 Enhanced Law Enforcement Presence. The Coastal Bend has enhanced its law enforcement
presence to uphold the law, hold people accountable and respond to all parts of the region.
4.3 Reduced Crime Levels. Crime in the Coastal Bend has been significantly reduced with much lower
rates of illegal drug use, domestic violence, child abuse, graffiti and gang activity.
4.4 Alternatives to Gangs. The Coastal Bend has successfully developed and promoted alternative
activities for children and youth to keep them from being drawn to gangs and crime.
4.5 Safe Roads for Biking. The Coastal Bend has improved its road system to safely accommodate an
increasing number of bicyclers.
4.6 Improved Animal Control. There are fewer stray animals in our communities, with more animal
"cops" and improved animal control facilities.
POVERTY AND SOCIAL WELFARE
4.7 No Neighborhood Left Behind. Every neighborhood in the Coastal Bend is developed and
supported, ensuring that all residents enjoy the benefits of living in a thriving, prosperous region.
4.8 Well- Funded, Accessible Social Services. Public and private social services in the Coastal Bend
are well funded and accessible, ensuring available assistance for a decent quality of life for all.
4.9 Reduction of Poverty and Homelessness. Coastal Bend communities respond to their most needy
residents, with continual efforts to reduce or eliminate poverty and homelessness.
4.10 Food, Shelter and Treatment Services. The Coastal Bend has appropriate food, shelter and
treatment services available for the indigent, ensuring no one has to sleep on the streets.
4.11 Poverty Prevention Education. Enhanced educational programs and economic development
activities in the Coastal Bend have helped reduce and prevent conditions that create poverty.
QUALITY OF LIFE AND LIVABILITY
4.12 Clean, Affordable, Livable Communities. All Coastal Bend communities are clean, livable and
affordable places, where people meet their economic, educational, health and cultural needs.
4.13 Vibrant, Accessible Downtown Area. Corpus Christi has a vibrant and accessible downtown
where increasing numbers of people enjoy living, working, shopping and socializing.
4.14 Abundance of Culture, Entertainment and Shopping. Choices abound for cultural events,
entertainment and shopping at local businesses throughout the region.
4.15 Fun, Laid -Back Atmosphere. Corpus Christi has a fun, laid -back atmosphere, where parks, trails
and public spaces allow everyone to enjoy the benefits of the local climate.
BoldFuture Vision Summit 13 Vision Ideas 03.13.09
—245—
HEALTH AND WELLNESS
4.16 Healthy Lifestyles. Coastal Bend communities encourage and promote healthy lifestyles for people
of all ages, incomes and backgrounds.
4.17 Improved Health Care Access. The Coastal Bend has greatly improved healthcare that is available
and accessible to all its residents.
4.18 Comprehensive Regional Healthcare Center. Corpus Christi has a comprehensive regional
healthcare center with a complete range of services so residents rarely travel to other cities for
needed care.
4.19 Reduced Teen Pregnancy, Drug Use and STDs. The Coastal Bend has successfully reduced the
incidence of teen pregnancy, drug use, sexually- transmitted diseases, and related disease and
illness.
4.20 Support for Special Need Groups. Coastal Bend communities provide support for special needs
groups, including our aging population and residents with mental health or rehabilitation needs.
RECREATION
4.21 Exercise, Fitness and Outdoor Activities. Coastal Bend communities place a stronger emphasis
on exercise, fitness and outdoor activities to support a healthier lifestyle.
4.22 Recreational Facilities. Coastal Bend communities increased the number of recreational facilities
and playing fields, including hiking and biking trails located throughout the region.
4.23 Recreation for Children and Families. Coastal Bend communities have increased opportunities to
accommodate the special recreational needs of children and families.
4.24 Water -Based Recreational Opportunities. The Coastal Bend has a wide range of water -based
recreational opportunities capitalizing on our abundant water resources.
4.25 Dog Parks. Coastal Bend communities have created more dog parks that address the recreational
needs of pet owners and non -pet owners alike.
SENIORS, YOUTH AND FAMILIES
4.26 Welcoming to Families. Coastal Bend communities are welcoming, supportive places for families
and children, where kids grow up safe, well educated and invited to remain in the community.
4.27 Activities for Families. The Coastal Bend has a wide variety of entertainment and activities for
families, children and young adults.
4.28 Safety of Children. Coastal Bend communities are especially safe places for children to grow, thrive
and play.
4.29 Life Education for Youth. Our educational systems in the Coastal Bend prepare our youth for the
future, teaching them responsibility, keeping them stimulated and reducing truancy and dropouts.
4.30 Youth Activities and Activity Centers. Safe, appropriate activities and places for youth to go are
available throughout the Coastal Bend, keeping them active, engaged and off the streets.
4.31 Supportive Lifestyle for Seniors. The Coastal Bend offers a supportive lifestyle for its senior
citizens, including quality health care, affordable housing and related services and amenities.
BoldFuture Vision Summit 14 Vision Ideas 03.13.09
—246—
4.32 Senior Centers and Retiree Activities. Senior centers are numerous with large and active member
communities throughout the Coastal Bend, as well as a variety of services and activities for retirees.
IDEAS ADDED AT VISION SUMMIT
4.33 Support citizens throughout their entire life cycle; disability, education, mentoring
4.34 Establish a higher sense of health, safe, and strong neighborhood pride, leading to
responsible ownership in our community (Neighborhood health, safety, and pride)
BoldFuture Vision Summit 15 Vision Ideas 03.13.09
—247—
5. COMMUNITY IDENTITY AND LEADERSHIP
GOVERNANCE
5.1 Responsive Local Government. Local governments in the Coastal Bend are responsive to
constituent needs and operate with transparency and accountability.
5.2 Unity and Harmony in Governance. Unity and harmony exist among local govemments in the
Coastal Bend, with service - minded leaders who work together to achieve our common vision.
5.3 Forward- Thinking Govemment. Local govemment in the region is open- minded and forward
thinking, always working to facilitate innovation, progress and inclusivity.
5.4 Balanced Community Representation. Coastal Bend governance is well balanced in the way it
fairly represents and reflects all segments of our communities.
5.5 Listening to Resident Needs. Government leaders listen to the voices and needs of all our
residents, making decisions for the common good and acting on those decisions efficiently and
expeditiously.
5.6 Well- Managed Urban Services. Urban services in the Coastal Bend are effective, efficient and well
managed, reflecting the wise use of public tax dollars.
LEADERSHIP
5.7 Unified by a Common Vision. Coastal Bend community and political leaders are unified by a
common vision and work together toward shared goals.
5.8 Forward- Thinking Political Leaders. Coastal Bend political leaders are forward thinking and open
to positive growth and progress.
5.9 Communication with Stakeholders. Local leaders communicate with key stakeholders in the
community — neighborhoods, schools, businesses — and work for the good of the community.
5.10 Citizen Leadership. More citizens in the Coastal Bend are interested and willing to take the initiative
in becoming leaders in their community.
5.11 Developing Youth Leaders. Coastal Bend youth are educated and increasingly prepared to take
the reins of leadership in moving their community forward.
CIVIC ENGAGEMENT
5.12 Public Ownership and Civic Pride. There is strong public ownership of our region's future and civic
pride in what we have accomplished together in making it more beautiful and prosperous.
5.13 Active Citizen Participation. Coastal Bend citizens actively participate in local government, working
together for the common goals and excellence for the city.
COMMUNITY INVOLVEMENT
5.14 Citizen Involvement in Local Communities. Coastal Bend citizens are highly engaged and
involved in the civic life of their communities.
BoldFuture Vision Summit 16 Vision Ideas 03.13.09
—248—
5.15 Increased Volunteerism and Community Service. Community service and volunteerism have
increased in the Costal Bend and are highly valued, encouraged and supported.
5.16 Faith -Based and Civic Involvement. Faith -based groups, schools, non - profits and businesses in
the Coastal Bend are strongly engaged and involved in giving back to their community.
5.17 Outreach to the Disadvantaged. Local businesses, residents, leadership and community
organizations work together to support programs that reach out to engage disadvantaged citizens.
COOPERATION
5.18 United by a Shared Vision. The Coastal Bend is a cohesive and united region, where people and
communities respect one another and work toward achievement of a shared regional vision.
5.19 Intergovernmental Cooperation. Cities and communities in the Coastal Bend cooperate to share
resources and promote social, community and economic development.
5.20 Reduction of Political Divisiveness. There is less political divisiveness in the Coastal Bend, as
governments and politicians work together with business and community leaders for the common
good.
5.21 Cooperation to Benefit Youth. Coastal Bend governments, schools and businesses cooperate to
support youth education, activities and development.
DIVERSITY
5.22 Celebrating Our Diversity. The Coastal Bend has increased its diversity and celebrates this
diversity as a unique and valuable community asset.
5.23 Unified in Our Diversity. People from all backgrounds in the Coastal Bend respect one another and
celebrate their differences — while remaining a unified community with a common vision.
5.24 Community -Based Role Models. Coastal Bend youth have role models and leaders from within
their own communities from whom they can leam and be mentored.
LOCAL CULTURE
5.25 A Cohesive Community. The Coastal Bend is increasingly a unified, cohesive region that works
toward the achievement of a common vision and goals.
5.26 Strong Civic Pride. There is an abundance of civic pride in Coastal Bend communities, with
residents who are proud of their communities, their city and the region.
5.27 Innovation, Creativity and Youth. Innovation and creativity are a hallmark of the Coastal Bend,
with educated and involved young people invested in their community's future.
5.28 Progressive City, Small Town Feel. Corpus Christi is a forward thinking and progressive city that
still manages to maintain its unique identity and "small- town" feel.
5.29 Positive Attitude and Friendly People. Corpus Christi has become a more dynamic and vibrant
city, while still maintaining a positive attitude and friendly people.
5.30 Inclusive, Family - Friendly Communities. The Coastal Bend is a region of inclusive, family - friendly
communities, where everyone feels welcome and safe.
BoldFuture Vision Summit 17 Vision Ideas 03.13.09
—249—
IDEAS ADDED AT VISION SUMMIT
5.31 Metro Govemment
5.32 A fully funded regional vision commission
5.33 A Coastal Bend Brand
5.34 Pro - Business image
5.35 Leadership Institute
BoldFuture Vision Summit 18 Vision Ideas 03.13.09
-250-
6. SUSTAINABLE ENVIRONMENT
POPULATION GROWTH
6.1 Steady Population Growth. The population of Corpus Christi and the region has grown steadily
and sustainably, as more people choose to stay and new people are attracted from other places.
6.2 Sustainable Infrastructure Growth. The Coastal Bend has well- maintained infrastructure that has
grown to support an expanded population in a sustainable manner.
NATURAL RESOURCES AND ALTERNATIVE ENERGY
6.3 Managing Natural Resources. Natural resources in the Coastal Bend are responsibly managed,
ensuring access for future generations and improving our quality of life without harm to the
environment.
6.4 Energy Self - Reliant Region. The Coastal Bend region not only meets all of its own energy needs,
but also exports locally generated solar, wind and geothermal energy.
6.5 Sustainable Energy Production. The Coastal Bend has become a leader in wind and solar energy
technology, utilizing the local environment to generate sustainable energy.
6.6 Alternative Energy in Local Government. Local government is a leader in alternative energy
sources, utilizing solar collectors on government buildings and creating policies that encourage
alternative energy use in the community.
6.7 Alternative Energy and Fuel Options. The Coastal Bend promotes the development of alternative
energy and fuel options in the region that are both more affordable and sustainable.
6.8 Restructured Petrochemical Industry. The petrochemical industry has restructured to respond to
a changing world by developing new fuels and fuel sources.
COAST AND NATURAL SURROUNDINGS
6.9 Preservation of Natural Environment. Our natural assets and environment have been conserved
and capitalized on in a responsible way, improving local quality of life and attracting visitors.
6.10 Clean Coastline and Beaches. The Coastal Bend enjoys clean coastlines and beaches that
provide scenic views and are enjoyed responsibly by residents and tourists alike.
6.11 Protected Island Natural Habitats. Our region has protected areas on the coast and islands that
preserve the natural habitat while helping to minimize the risks from severe weather.
POLLUTION, AIR AND WATER QUALITY
6.12 Reduction of Air & Water Pollution. The Coastal Bend and local industries have successfully
reduced pollution levels, ensuring that residents and visitors continue to enjoy clean air and water.
6.13 Planning for Air and Water Quality. Coastal Bend govemments have proactively enforced
pollution regulations and implemented long -term plans to keep our air and water clean.
6.14 Protection of Coastal Water Quality. Our region's coastal waters have been maintained in pristine
condition, to both sustain aquatic life and promote their enjoyment by human populations.
BoldFuture Vision Summit 19 Vision Ideas 03.13.09
—251—
6.15 Clean Drinking Water from Local Sources. The Coastal Bend utilizes technology to ensure that an
abundance of clean drinking water from regional resources can be provided to accommodate both
current and future needs.
6.16 Clean Industrial Development. New non - polluting industries have brought economic development
to the Coastal Bend without compromising its environmental quality.
SUSTAINABILITY, RECYCLING AND CONSERVATION
6.17 A `Green' Minded Community. The Coastal Bend is a "green- minded" region where residents and
businesses value the environment and sustainability.
6.18 Conservation Plans for Natural Environment. Our region has implemented conservation plans to
protect the beaches, wildlife and natural ecology of the region for future generations.
6.19 Planning for Sustainability. Sustainability has been integrated into local city planning, with energy
conserving buildings and development that preserves open space and natural habitats.
6.20 Recycling Leader. The Coastal Bend is a leading region for recycling, where residents participate in
a user - friendly recycling program that reduces waste sent to landfills and provides local jobs.
6.21 Small Scale Energy Production. Local governments provide incentives for businesses and
homeowners to install small - scale, sustainable technology such as rooftop solar panels.
COMMUNITY APPEARANCE AND CLEANLINESS
6.22 Elimination of Litter. Coastal Bend communities have virtually eliminated litter in our streets and
on our beaches, with accessible public trash cans and responsive residents who dispose of trash
properly.
6.23 Visual Improvement of Roadways. City planners have improved landscaping and maintenance
along roadways and in public spaces, improved signage and lighting and reduced visual pollution like
utility lines.
6.24 Building Renovation and Clean Up. Coastal Bend cities have appealing architecture, cleaned up
or re -used abandoned and historic buildings and enforced building codes to prevent eyesores.
6.25 Clean Beaches and Parks. Coastal Bend beaches, paths and parks are clean, well maintained, and
inviting to use, with natural landscaping and an abundance of shade trees and greenery.
IDEAS ADDED AT VISION SUMMIT
6.26 Zero consumption community, Corpus Christi is self - reliant, creating its own water and
electricity and recycling 100 percent waste
6.27 Desalination creates industry that provides resources and exports
6.28 Smart Coastal growth protecting wild areas, habitats from construction
6.29 Create mariculture industry to support shrimp and fish farms
6.30 Create environmental clearing house and think tank
BoldFuture Vision Summit 20 Vision Ideas 03.13.09
-252-
6.31 Promote eco- tourism
6.32 Build a comprehensive effective recycling plant in the region for use in the region
6.33 Elect "green" politicians
6.34 Promote environmental education
6.35 Environmental Sustainability Commission city and region, established by public, reports
annually to public on status
BoldFuture Vision Summit 21 Vision Ideas 03.13.09
-253-
lb
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Department of Development Services progress update.
STAFF PRESENTER(S):
Name Title /Position Department
Juan Perales, Jr. Interim ACM Development Svcs.
OUTSIDE PRESENTER(S):
Name Title /Position Organization
None
ISSUE: This staff presentation is intended to provide the City Council with an
overview of the ongoing efforts to improve the department's processes, structure,
and customer service levels.
REQUESTED COUNCIL ACTION:
None.
PowerPoint presentation X
Supplemental information
-257-
Vite&t& 4-\/- 3 /o6/oy'
Juan Peral , Jr., P.E.
Interim Assistant City Manager
Development Services
Department of
Development Services
City Council Update
March 24, 2009
Primary Customer Service Objectives
❑ Customer Has the Best Possible
Experience with the City's
Development Services
❑ The Customer's Service Request is Completed
in a Timely & Predictable Manner
2
-258-
Consistent Customer Experience
No Matter How They Enter the System
❑ Walk -in
❑ Phone -in
❑ Online (Web or IVR)
❑ Email
❑ Mail Delivery
New vs. Existing Service Concepts
NEW
EXISTING
Customer "Sits In One Chair" Strategy
Staff and
Resources Come
to Customer
Vs.
�
Customer �v
cr
Customer
Goes to Staff
and Resources
4
—259—
New vs. Existing Service Concepts
It's a "Project ", Not a "Permit"
• Customer Defines Their Project; Service is Tailored to Their Need
(Customer's Immediate Objective)
• System is Set up to Define & Process ALL Needed
Approvals as a Project From Beginning to End
• Expanded Performance Measurement Program to Ensure Timeliness
& Predictability
Recent Focus Areas
❑ Public Outreach
❑ Continuing Process Improvement
❑ Business Plan Development
❑ Employee Morale and Work Environment
-260-
Public Outreach Efforts
During February and March 2009
WE HAVE:
❑ Held one -on -one meetings with various representatives of development
community, including builders, developers, engineers, architects, Planning
Commissioners, DSAG representatives
❑ Held meetings with key City organizations such as Economic Development,
MIS, Human Resources, City Manager's office, Public Information office,
and Water, Wastewater, and Storm Water Departments
❑ Launched a new web -based customer survey
(on -line the week of March 16)
Customer Survey Sample
Access through City web page www.cctexas.com City Department, Development Services
Etil
w 4 €04.4 ektura
Building Permits Customer Survey
The aty of Corpus Christi is committed to improve services provided In the Development Permuun
understand your perception of our services, please answer the following questions about your Rep
Budding permit. You may pick one specific recent project or generalize about your overall recant a
question.
We know you are busy and may want to print out the survey and think about It or 1111 out a draft. t
out a copy and than come back to transfer it online.
1. Please Indicate what your typical permit or approval h fore
:)New commercial structure
Ocommercial addition
Commercial remodel
....)Residential new construction
O Residential addition
Residential remodel
.:.Other Pores flat
—261—
Process Improvement
During February and March 2009:
✓ Initiated a " customer - oriented" environment and process
✓ First phase of the re- configuration of phone system to improve
accessibility to staff is underway
°
✓ Software applications for electronic submittal and review of building plans
have been activated for staff training, and beta testing with volunteer
customers is underway
✓ Expansion and improvement of Department's "front desk" customer service
area is underway
✓ Completion of customer service aids such as FAQ's, checklists, and employee
"scripts" (on line and hard copy) is underway
Business Plan Development
During February and March 2009:
✓ Evaluated current department operations in relation
to adopted plan
✓ Structured organizational charts to better align
with primary customer services .w Y d H
V. Expanded organizational charts to identify both R
long range and short term personnel needs
✓ Incorporated expanded organizational charts into short and long
range budget development
ID
—262—
Employee Morale and Work Environment
During February and March 2009 we have implemented or initiated:
✓ Emphasis on establishing two way communication
✓ Regular department wide staff meetings with
"guest speakers"
Ni Small group employee meetings
✓ Suggestion boxes
❑ A Web -based employee survey (on line week of February 23)
✓ First department to implement City Manager's retreat Vision and
Mission process at staff level
✓ Working closely with Facilities Maintenance to complete a "top to
bottom" clean up of the building and facilities
11
Moving Forward (60 to 90 days)
❑ Complete hiring of critical vacant
positions
❑ Develop new customer service training
and schedule for both new and existing
employees
❑ Evaluate results of customer surveys
❑ Use survey results to adjust ongoing
improvements
❑ Reinforce /build upon new foundation of
core values: Courtesy, Respect, Pride
On
Going
1
12
-263-
City of Corpus Christi
For Business
-264-
1i
FINAL REPORT
CHARTER REVIEW AD HOC COMMITTEE
2008 -09
Members
Bob White, Chair
Sandra Alvarez
John D. Bell
Mary K. Fant
Bill Kopecky
Leah Olivarri
Bryan Stone
Robert Tamez
Henry Williams
—267--
LIST OF PROPOSITIONS AND RECOMMENDATIONS
Proposition 1. Updating the petition requirements for initiative and referendum
and recall elections to comply with State law and make them consistent.
Proposition 2. Increasing the salary of city council members to $12,500 per year and
of the mayor to $18,750 per year and allowing the Mayor and other members of the
City Council or their families who are eligible to participate in any health and
dental plans offered to city employees if they pay 100% of the premiums for such
plans.
Proposition 3. Changing the term limits on the Mayor and Council members to a
cumulative lifetime maximum limit and disallowing a person to become eligible for
election to a new term limit after not serving one full term.
Proposition 4. Adding a position of City Auditor who shall be appointed by the City
Council.
Proposition 5. Clarifying the provisions concerning leases, franchises and use
privilege agreements to include authorization to enter into license agreements when
a lease or franchise is not applicable and allow multi -year agreements no longer
than five years.
Reconunendation I. Recommending that City Council elections be conducted on the
second Saturday in May, being the statewide uniform election date, so long as such
date does not conflict with Buccaneer days.
Recommendation 2. Recommending that the City Council and City staff carefully
monitor the 68 -cent property tax cap and its impact on the sales of City bonds over
the next six months and consider inclusion of an amendment to the tax cap in the
November election as necessary.
1
—268—
INTRODUCTION
The Charter Review Ad Hoc Committee was appointed by the City Council in
March 2008 and conducted its first meeting on April 7, 2008. The first order of business
was to set a public hearing date in order to receive initial public comment on the Charter
and break the document down into different sections in order to schedule each section for
more detailed review.
The Committee conducted a public hearing on May 12, 2008, and received input on
different areas of interest, including increasing City Council compensation, providing for
the appointment of a City Auditor, simplifying referendum and recall petition procedures,
considering a strong mayor form of government, and modifying the system for electing the
City Council. City staff prepared summaries of Charter provisions from numerous other
cities in Texas for comparison purposes.
The Committee focused on the City Council compensation issue and surveyed the
pay and benefits provided to Council members around the state. It also obtained extensive
information on the functions of a City Auditor, and was briefed on the issue by the City's
current independent auditor. Additionally, Chairman Bob White spoke with the City of
Austin's internal City Auditor on the functions of that office for comparison purposes.
The Committee held ten different meetings addressing various provisions of the
Charter and receiving additional public input during the public comment period at each
session. The Committee additionally received briefing materials on each issue including
information on similar Charter provisions of other Texas cities. The Committee's work
concluded with a public hearing on February 2, 2009, after the preliminary version of this
Report was circulated for public review, and a special meeting on February 23, 2009.
The following Final Report is the result of the above meetings, hearings and studies
in which all points of view were considered and the different ways of doing things in other
cities were compared and analyzed. The Committee was not unanimous in all of its votes
on the different propositions, but the Committee agrees that the Final Report represents the
sum of its efforts on behalf of the community in making a careful study of our existing City
Charter and identifying the provisions in need of review and amendment.
Initially, the Committee was appointed with the anticipation that a Charter election
would be called in connection with the April 4, 2009 City Council elections. The
Committee was advised by City staff that the Texas Secretary of State's Election Division
had taken the position that Charter propositions could not be included on the April ballot
until clarifying legislation was adopted in the Texas Legislative Session. As a result, the
next election at which these Propositions could be considered would be November 3, 2009.
2
-269-
PROPOSED CITY CHARTER AMENDMENTS
Proposition I. Updating the petition requirements for initiative and referendum
and recall elections to comply with State law and make them consistent.
Summary
Changes in state law require an update to these provisions concerning petitions
filed with the City. The initiative and referendum and recall provisions are clarified to
include "residence" address and the option of providing the signer's date of birth or voter
registration number. Also, in order to provide consistency with other petition
requirements, the recall petition requirements are modified to delete information
identifying the person circulating the petition and requiring an affidavit from the person
circulating the petition to verify he /she witnessed each signature on a given page. The
Committee believes that the Charter provisions should be kept consistent with State law
and that the various petition procedures in the Charter should be standardized in order to
avoid confusion.
Actual Text Amendment
ARTICLE I. HOME RULE GOVERNMENT
Sec. 4. Initiative and Referendum.
(e)
In the event the council fails to take the proposed action within the time
allotted, the city secretary shall furnish to the proponents petition pages for
circulation among the registered voters of the city. Each petition page shall
contain the following:
* * *
(2) The printed name, residence address, and date of birth or voter registration
number of each voter signing the petition;
* * * * *
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 19. Power of Recall.
* * * * *
(c) The printed name, residence address, (by street and number, or, if none, by other
sufficient description), either the date of birth or and voter registration number of
each signer, and the date of signing;
3
-270-
(d) The signature of each signer in ink; and
(e) The date of issuance by the city secretary and the name and address of the person
or group to whom the petition was issued;.
(0 The printed name and address of the person circulating the petition; and
(g) An affidavit of the person circulating the petition that he or she personally
circulated such page, that he or she personally observed the making of each
cignaturc thereon, and that he or she believes that each signature is genuine.
Proposition 2. Increasing the salary of city council members to $12,500 per year and
of the mayor to $18,750 per year and allowing the Mayor and other members of the
City Council or their families who are eligible to participate in any health and
dental plans offered to city employees if they pay 100% of the premiums for such
plans.
Summary
In 1975, the voters approved a Charter amendment increasing city council
compensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit.
with the mayor receiving an additional $3,000 stipend. In 1987, as part of an overall
reorganization and simplification of the Charter, the voters approved an amendment
setting the council members' compensation at a flat level of $6,000 and the mayor's
compensation at $9,000. As a result, the economic benefit of serving on the city council
has been held at the same basic level since 1975.
The Committee unanimously voted to increase the level of compensation to a total
sum of $12,500 per year for city council members and $18,750 per year for the Mayor.
The Committee also wanted to clarify the issue of health insurance and any other
benefits available to the Mayor and members of the City Council. As part of this
amendment, the Mayor and other members of the City Council or their families would be
eligible to participate in any health or dental plans offered to city employees, provided
they pay 100% of the premium for such plans.
The new salaries and insurance participation provisions would go into effect
immediately after the election and qualification for office of the city council elected in
2011.
4
-271-
Actual Text of Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Article II, City Council, Section 7, Compensation.
(a) Each member of the City Council, with the exception of the Mayor, shall
receive a salary not to exceed as compensation the sum of six twelve thousand dollars
five hundred dollars ($6,000.00) ($12,500.00) during each year of service on the Council,
such sum to be paid in equal installments throughout the year.
(b) The Mayor shall receive a salary not to exceed as compensation the sum of
frine-eighteen thousand seven hundred fifty dollars ($9,000.00) ($18,750.00) during each
year of service on the council, such sum to be paid in equal installments throughout the
year.
(c) The Mayor and other members of the City Council may participate in any
health or dental plans for which they or their families are eligible; provided that they
must pav 100% of the premiums for such plans.
(d) The provisions of this section shall become effective immediately after the
election and qualification for office of the fir..t city council in 2011following its adoption.
Proposition 3. Changing the term limits on the Mayor and Council members to a
cumulative lifetime maximum limit and disallowing a person to become eligible for
election to a new term limit after not serving one full term.
Summary
Effective 2011, this provision would change the existing term limits of eight (8)
years as a council member or as mayor, and twelve (12) years in any combination, to a
cumulative lifetime maximum limitation. Currently, the Charter sets the term limits on
"consecutive" years, but this amendment would apply the term limits on an absolute
basis.
If a person runs for office, all prior terms served would be counted against the
maximum term limit. A person who had previously met term limits and laid out one full
term or longer would no longer be eligible to be elected to serve again as a council
member or mayor. If a person is appointed to fill a vacancy, then that term would not be
counted toward the term limit maximum.
5
—272—
Actual Text Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 1. Membership and term.
*
(d) Effective 2011, no person shall may be elected to serve more than four
two -year terms consecutively as a council member, or four two -year terms
c� ly as mayor, or six two -year terms ronce^_ti -rely in any combination e€
such offices as council member and mayor. A person who has reached the limitation
Proposition 4. Adding a position of City Auditor who shall be appointed by the City
Council.
Summary
The City undergoes an annual audit by an independent auditing firm each year,
and the City Council and City Manager both have the authority under Article II, Section
28 to provide for an intemal audit of the accounts of any officer or department. The
Committee received input both from the City's internal financial staff and the current
outside auditor on whether creating a separate position of city auditor would be
duplicative or create any problems.
Adding the position of City Auditor within the Charter would provide systematic
internal auditing controls and reviews for the City. Since the City Manager is responsible
for the overall administration and management of the City, the City Auditor would need
to be appointed by and report directly to the City Council. The adoption of an ordinance
detailing the procedures to be followed and future budget allocations for the City Auditor
will determine the extent and scope of the City Auditor's functions, but establishment of
the position in the City Charter would create the function as part of our City government.
Actual Text Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 29. City Auditor.
(a) The City Council shall appoint a City Auditor. The City Auditor may be
removed only by a majority of the City Council.
6
—273—
(b) The City Auditor shall have such duties, responsibilities, and staff as
determined by ordinance, including the responsibility to conduct, or cause to be
conducted, financial, performance investigative, and other audits following government
auditing standards as promulgated by the Comptroller General of the United States.
Proposition 5. Clarifying the provisions concerning leases, franchises and use
privilege agreements to include authorization to enter into license agreements when
a lease or franchise is not applicable and allow multi -year agreements no longer
than five years.
Summary
The Charter regulates the utilization of public property and authorizes the City
Council to enter into leases and franchises. Leases or franchises for a period of longer
than five years must be adopted at two separate readings by the City Council with notice
published in the newspaper. The Charter also authorizes the City Council to delegate to
the City Manager limited authority to enter into short-term leases, easements and use
privileges for various purposes.
The proposed amendment would clarify the authority to enter into license
agreements when a lease, franchise or easement is not applicable. A license agreement
authorizes a person to go onto public property for a particular purpose or use, and the
term "use privileges" has been used in the Charter historically for this purpose.
Typically, these types of agreements are classified as license agreements under the law,
so the Charter amendment clarifies and allows the use of both terms.
The proposed amendment also would allow City staff to enter into multi -year
agreements; however, the Charter restrictions on leases or franchises longer than five
years would continue to remain in effect.
Actual Text Amendment
ARTICLE IX. PUBLIC UTILI11ES, FRANCHISES AND LEASES
Sec. 1. Inalienability of Public Property.
The control and use of the public streets, sidewalks, alleys, bridges, parks, public
buildings and any other public property of the city is declared to be inalienable by the
city, except by ordinances not in conflict with the provisions of this charter; provided,
however, the council may by ordinance grant, or authorize an officer or employee of the
city to grant, sidetrack or switch privilege easements to common carriers, and daily,
weekly, monthly, ef- annual, or multi -year leases, licenses or use privileges of public
streets, sidewalks, alleys, bridges, parks, public buildings and any other public property,
all upon such terms and with the imposition of such conditions and limitations in such
easements and leases or use privileges as the council may elect. No act or omission by the
7
-274-
council or any officer or agent of the city shall be construed to grant, renew, extend or
amend by estoppel or indirection any right, franchise, lease, easement, license or use
permit affecting said public streets, sidewalks, alleys, bridges, parks, public buildings and
any other public property.
Recommendation 1. Recommending that City Council elections be conducted on the
second Saturday in May, being the statewide uniform election date, so long as such
date does not conflict with Buccaneer days.
Summary
Corpus Christi historically has conducted its City Council elections on the first
Saturday in April. When State law was enacted requiring cities to utilize a uniform
election date on the first Saturday in May, Corpus Christi sought special legislation to
allow it to continue to hold elections on the first Saturday in April in order to avoid
conflicts with Buccaneer Days. The Buccaneer festivities would compete with election
day voting, and the night parade blockades Leopard Street Saturday evening making it
very difficult to utilize City Hall for election returns and processing.
In 2007, the Legislature changed the uniform election date to the second Saturday
in May. Other local jurisdictions continue to utilize the uniform election date, and if the
City were to conduct its election on that date cost savings could result from sharing
election expenses. Additionally, voter turnout could be enhanced by greater publicity for
the uniform election and affording voters the opportunity to participate in all of their local
elections on the same date.
The City Charter already allows the City Council the flexibility of moving the
elections to the uniform election date in May, so no Charter amendment is required. The
Committee simply recommends that the City Council use its existing authority to change
the election date to the second Saturday in May. If in the future State law changes the
uniform election date back to the first Saturday in May conflicting with Buccaneer Days,
the Council still would have the legal ability to move the election back to April.
Recommendation 2. Recommending that the City Council and City staff carefully
monitor the 68 -cent property tax cap and its impact on the sales of City bonds over
the next six months and consider inclusion of an amendment to the tax cap in the
November election as necessary.
Summary
The voters of Corpus Christi passed a 68 -cent cap on property taxes at a
referendum election conducted in 1980. Since that time, the Charter has been amended to
eliminate certain provisions on appraisals included in that referendum that were not
8
—275—
constitutional and provide that debt service for voter - approved bond issues would not be
subject to the limitation.
The Committee received input from the City's Finance Department on the
comments made each year by different municipal bond rating agencies on the financial
impact of the 68 -cent tax cap. Nearly all other cities in Texas are subject only to the limit
set in the Texas Constitution, which is $2.50 per $100 of valuation. Of that limit, a city
may not levy a tax greater than $1.50 per $100 of valuation for debt service obligations,
and the remaining $1.00 per $100 of valuation is the limit for maintenance and operations
purposes.
A major concern is that when the City of Corpus Christi is competing with other
Texas cities in the bond markets issuing bonds for needed projects, Corpus Christi bonds
are less desirable to investors due to the lower tax limit. That distinction could result in
higher borrowing costs for the City for its projects.
Proponents of the tax cap were vocal in their opposition to any further
amendments to this provision. Based on the successful 2008 bond election, the City will
be issuing additional bonds this year, and the Committee recommends that the City
Council and City staff carefully monitor any impact of the 68 -cent tax cap on the bond
ratings and interest rates obtained by the City in connection with those bond sales. If
negative impacts can be determined, the City Council should consider different options
including repeal of the 68 -cent tax cap or replacement of the tax cap with a different limit
specifically for debt service obligations.
F:\2670\32 2008 Charter\2009 Final Report.doc 9
-276-
City of Memorandum
Corpus
Christi
To: Mayor and City Council members 2
From: Mary Kay Fischer, City Attomey 777
Date: March 12, 2009
Subj: Proposed Charter Revisions requested by City Council
The City Council has suggested that the City propose a legislative change which would
give the City Council authority to remove those persons the governing body appointed
to serve as a Municipal Court Judge. In the event the state law is not changed during
this legislative session, another avenue available is a proposed amendment to the City
Charter to address the removal of Municipal Court Judges. The other item City Council
discussed was a Charter amendment to address the time of appointment of boards,
commissions and committees.
I. Removal of Judge.
A municipal court judge in a home -rule city with a municipal court of record may be
removed by the governing body in accordance with the Charter provisions. If there is no
Charter provision for the removal of judges, the other avenue is to file a complaint with
the State Commission on Judicial Conduct.
In order for the City Council to have authority to remove a municipal court judge, there
must be a Charter provision for the removal of judges.
I am proposing the following Charter provision which contains the basic language for
removal of judges found in the Texas Constitution:
Removal of Judge.
Any person appointed by the City Council as a municipal court judge,
associate, assistant, substitute, full -time or part-time judge may be
removed from office by a three - fourths vote of all members of the City
Council, for willful or persistent violation of the rules promulgated by the
Supreme Court of Texas, incompetence in performing duties of the office,
willful violation of the Code of Judicial Conduct, or willful or persistent
conduct that is clearly inconsistent with the proper performance of his
duties or casts public discredit upon the judiciary or administration of
justice. Any person holding such office may be disciplined or censured, in
lieu of removal from office.
—277—
II. Appointment Before Election.
On January 22, 2008, City Council adopted Ordinance No. 027559 which provided
a time for consideration of all board, commission and committee appointments. I am
proposing the following Charter provision that tracks the Ordinance language:
Appointment before Election.
City Council shall make no board, commission, or committee appointment
during the period thirty (30) days prior to a city council election and
extending to the taking of office for the newly elected council.
Legal CityMemo Charter Revisions city council.doc
-278-