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Agenda Packet City Council - 03/30/2010
TS' March 30 2010 , ErF 0; 174 pit .4 11:45 A.M. - Proclamation declaring Friday, April 9, 2010 as "Tenth Annual Children's Book Festival Day" Proclamation declaring the days of April 9, 16, and 23, 2010 as "Fill- the -Boot for Muscular Dystrophy Association" Proclamation declaring the days of April 13 -16, 2010 as "Texas Water 2010" Proclamation declaring the month of April, 2010 as "Sexual Assault Awareness Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 30, 2010 12:00 P.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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Philip Douglas, Unitarian Universalist Church of Corpus Christi. 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 Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting March 30, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 23, 2010. (Attachment #1) 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. 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. Ordinance appropriating $26,050 from the Reserve for Fleet Maintenance in the Maintenance Services Fund No. 5110 for the purchase of one (1) 2010 Honda CNG Civic GX (Compressed Natural Gas vehicle); changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $26,050. (Attachment #2) Agenda Regular Council Meeting March 30, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a service agreement with AmeriPride Services, of Corpus Christi, Texas, for uniform rental service, in accordance with Bid Invitation No. BI- 0029 -10 based on best value for an estimated two year expenditure of $89,330.80 of which $14,888.48 is required for the remainder of FY 2009- 2010. The term of the contract shall be for twenty -four months with an option to extend for up to one additional twelve month period subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2009 -2010. (Attachment #3) 4. Motion approving a supply agreement with Vulcan Signs, of Foley, Alabama for aluminum traffic sign faces based on low bid in accordance with Bid Invitation No. BI- 0061 -10 for an estimated annual expenditure of $127,151.35 of which $41,959.95 is required in FY 2009 -2010. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Street Department for FY 2009 -2010. (Attachment #4) 5. Ordinance to amend Section 2 of Ordinance No. 028261 which implemented salary increases for the Municipal Court Judges to adjust Municipal Court Judge Rodolfo Tamez's salary. (Attachment #5) 6. a. Resolution authorizing the City Manager or his designee to accept a $97,873 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment #6) b. Ordinance appropriating a $97,873 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment #6) Agenda Regular Council Meeting March 30, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7 Motion approving the temporary street closures of Peoples Street T -head and the 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, beginning at 12:01 a.m. on Saturday, April 17, 2010 and ending on 5:00 p.m. on Monday, April 26, 2010 , for the Texas International Boat Show, pending the applicant MMD Communications' timely submittal, and the City's receipt, of the required Certificate of Insurance. (Attachment # 7) 8. Motion authorizing the City Manager, or his designee, to execute a Professional Services Contract with Beck Disaster Recovery, Inc. of Houston, Texas in the amount of $87,860 for development of operations based emergency /hurricane plan. (Attachment # 8) 9. Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $105,079.68 for a total restated fee of $3,026,065.94 for American with Disabilities Act (ADA) Accessibility Ramps - Staples Street from Leopard Street to Six Points for additional work associated with utility conflicts. (BOND ISSUE 2004) (Attachment #9) 10. a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Alan Davis, owner and developer of Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of South Staples Street and east of Carroll Lane, including all related appurtenances. (Attachment #10) b. Ordinance appropriating $8,597.59 from the No. 4030 Distribution Mains Trust Fund to reimburse Alan Davis for the installation of 184 feet of 6 -inch water distribution main, including all related appurtenances for development of Carroll Lane Park Unit 2, Block 8, Lot 4A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment #10) Agenda Regular Council Meeting March 30, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Ordinance abandoning and vacating a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right -of -way, adjacent to the S. Staples Street public right -of -way; requiring the owner, Mr. Benito Barrera, to comply with the specified conditions. (Attachment #11) 12. Second Reading Ordinance — Amending the Corpus Christi Platting Ordinance, by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; and providing for publication. The proposed amendment would set a maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. (First Reading - 03/23/10) (Attachment #12) 13. Second Reading Ordinance - Amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8- A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. (First Reading - 03/23/10) (Attachment #13) 14. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program Representatives and expand At -Large Representatives from six to ten members. (First Reading — 03/23/10) (Attachment #14) Agenda Regular Council Meeting March 30, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. EXECUTIVE SESSIONS: 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. 15. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 16. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. 17. Executive Session under Texas Government Code Section 551.074 regarding appointment of Municipal Court Judge with possible discussion and action in open session. 18. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate the offer of a financial or other incentive to Las Brisas Energy Center, LLC, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. 19. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate the offer of a financial or other incentive to The First American Corporation, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. Agenda Regular Council Meeting March 30, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate regarding commercial or financial information that the City Council has received from Double Puck Sports, LLC, and to deliberate the offer of a financial or other incentive to Double Puck Sports, LLC, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 21. Case No. 0210 -04, Jonelle Qualia: A change of zoning from the "R-1B" One - family Dwelling District to the "AB" Professional Office District on property described as a 4.3 acre tract of land out of Lakeview Acres, Block 3, Lot 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. (Attachment #21) Planning Commission and Staffs Recommendation: Denial of the "AB" Professional Office District and in lieu thereof approval of a Special Permit, subject to a Site Plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Jonelle Qualia, by changing the Zoning Map in reference to 4.3 acres out of Lakeview Acres, Block 3, Lot 1, from "R -1 B" One - family Dwelling District to "R -1 B /SP" One - family Dwelling District with a Special Permit to allow motorcycle repair and paint use, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Agenda Regular Council Meeting March 30, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. First Reading Ordinance - Authorizing the City Manager, or his designee, to execute a 5 -year, automatically renewable, lease with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina, for and in consideration of the repair, restoration and maintenance of the Nina; providing for publication. (Attachment #22) 23. 24. a. Motion authorizing the improvements to the Convention Center and Selena Auditorium shown on the attached Exhibit "B ". (Attachment #23) b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. (Attachment #23) a. Ordinance appropriating $78,370 from the Unreserved Fund Balance in the General Fund No. 1020 for Restructuring, ,Outsourcing and Privatization Services — Phase 1; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $78,370. (Attachment #24) b. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath, LLP of Irving, TX, for $78,370, to provide for an initial assessment, and for other related services ( "Phase 1") concerning the Restructuring, Outsourcing and Privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents the initial assessment to City Council. Funding is to be appropriated in the General Fund in FY 2009 -2010. (Attachment #24) Agenda Regular Council Meeting March 30, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Ordinance appropriating $175,000 from the Unreserved Fund Balance in the General Fund No. 1020 for Restructuring, Outsourcing and Privatization Services — Phase 2; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $175,000. (Attachment #24) d. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath, LLP of Irving, TX, for an amount not to exceed $175,000, to provide for the quantifying of projected dollar amounts of cost - saving /revenue enhancing initiatives, and for other related services ( "Phase 2 ") concerning the Restructuring, Outsourcing and Privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents its results to City Council. Funding is to be appropriated in the General Fund in FY 2009 -2010. (Attachment #24) 25. Ordinance amending Section 33 -16, Code of Ordinances, City of Corpus Christi, to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward of the concrete portion of the Padre Island Seawall is closed to vehicular traffic; providing for penalties; providing for publication. (TABLED ON MARCH 9, 2010) (Attachment #25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Convention Center Area Development Plan by Wallace Bajjali, Development Partners, LP. (To be considered at approximately 3 :00 pm) (Attachment #26) 27. Status of Street Maintenance Plan (Attachment #27) 28. FY 2009 -2010 Second Quarter Budget / Performance Report (Attachment #28) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE Agenda Regular Council Meeting March 30, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin p and at the front entrance to City Hall, 1201 Leopard Street, at 0 p.m., on March 25, 2010. Armando Chapa City Secretary Agenda Regular Council Meeting March 30, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA TO CORRECT AGENDA ITEM 21 REGULAR COUNCIL MEETING MAR 2 6 2010 CITY OF CORPUS CHRISTI, TEXAS ,~.•~~,,~ P CITY HALL -COUNCIL CHAMBERS CITY SECRETARY'S OFFICE 1201 LEOPARD ST. MARCH 30, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following Correction to the agenda of the City Council to be considered at the above meeting: J. PUBLIC HEARING Item No. 21 is being reposted with corrected agenda item wording: ZONING CASES: 21. Case No. 0210-04. Jonelle Qualia: A change of zoning from the "R-1 B" One- family Dwelling District to the "AB" Professional Office District on property described as a 4.3 acre tract of land out of Lakeview Acres, Block 3, Lot 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. (Attachment #21) Planning Commission and Staff's Recommendation: Denial of the "AB" Professional Office District and in lieu thereof approval of a Special Permit, subject to a Site Plan and six (6) conditions. 1 Rlnnlr ~ 1 n~ 4 frn m "D ' ) R" (lr +o f~+ ih/ 1 1\A/olllnrr I Ill+~rl/' r~ .~ ~n " ~'$ ~CD" (lno_ -- ~c-v-, cv , rrTv o~ csmrrg~r~trrv vn~ vi ~ e ('` nm ~on i\/e D n l~+n rn\/irlin r+rn\ n ~ ro oaleF{7~5~ /irlinn ~ n or,~l+\/; ~nrJ ~ T~ ; ~ ; ORDINANCE Amending the Zoning Ordinance, upon application by Jonelle Qualia, by changing the Zoning Map in reference to 4.3 acres out of Lakeview Acres, Block 3, Lot 1, from "R-1 B" One-family Dwelling District to "R-1 B/SP" One- family Dwelling District with a Special Permit to allow medical and non- medical offices uses, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3: 0 p.m., March 26, 2010. Armando Chapa City Secretary SUPPLEMENTAL AGENDA TO CORRECT AGENDA ITEMS 23 a & b and 26 REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MARCH 30, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following Correction to the agenda of the City Council to be considered at the above meeting: K REGULAR AGENDA 23. 23. Item No. 23 a & b is being reposted with corrected agenda item wording: Q~~n Ai ~rl i~nri~ Im ~ hn~~in nn }he .+~~~~ ~hihi~ II R»• /Al~i.~nh mcnf •N~7'2\ r t e Qf}nri~ Im• ~+~ G~ T ~~ ~~hnri~inn m ~44er~ innirlen~ ~nrl rel~~er) Fhoro~ti , ai G V Cx -rrTy-rrr cres ~.,.~~...................................... a. Motion authorizing the repair and/or replacement of the entrance doors throughout the lobby of the Convention Center. (Attachment #23) b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $178,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. (Attachment #23) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. Item No. 26 is being reposted with corrected agenda item wording: 7R ('`nn~~cn~ir+n (~en~er Arcs IIQ,,p'^ -y~en~ Dhn byUhll.~no R~ii~li (lcvolnnmon~ L pq-pGT~IV~7Tf C.TRCiO G'QC7~~ G ~ GTOY7 TI CiTTC ..__/ ' 26. Public /Private Mixed -Use Development by Wallace Bajjali Development Partners, LP (To be considered at approximately 3:00 p.m.) (Attachment #26) POSTING STATEMENT: This supplemental agenda was posted on the City' o icial bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~ p.m., March 25, 2010. o Armando Chapa City Secretary City Council Goals 2009 -2011 Corpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 23, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ms. Margaret Serna with Baha'i Faith and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. 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 Adame called for approval of the minutes of the regular Council meeting of March 9, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following new board appointments were made: Island Strategic Action Committee David D. Kurz, Ph.D (PIPOA representative) John A. White, Sr. (PIBA representative) Gabriele Hilpold (Realtor) Charles Mader (Environmental Group) Ronald A. Voss (Architect of-Professional Engineer) Robert Bryan Gulley, DDS (Construction Contractor) Paul Schexnailder (Developer) Gregory Smith (Commercial Property Owner) J.J. Hart (Residential Property Owner) John Trice (At Large) Jim Needham, Ph.D. (At Large) Colleen McIntyre (At Large) Jyoti Rakesh Patel (At Large) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 20). City Secretary Chapa announced that Item 12 was withdrawn by staff. There were no comments from the public. Council Member Leal requested that Items 8, 9 and 20 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting March 23, 2010 — Page 2 3. ORDINANCE NO. 028513 Ordinance appropriating $31,073.68 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. RESOLUTION NO. 028514 Resolution authorizing the submission of a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division for Year 11 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $40,906.69, an in -kind match of $7,200, for a total project cost of $149,071.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. RESOLUTION NO. 028515 Resolution authorizing the submission of a grant application in the amount of $89,290.07 to the State of Texas, Criminal Justice Division for Year 11 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,520 and $4,000 in -kind services fora total project cost of $112,810.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. MOTION NO. 2010 -054 Motion approving the purchase of hardware, software and services to expand the Coastal Bend Regional 800 MHz Public Safety Radio System from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $250,000. Funds are available through the Edward Byrne Memorial Justice Assistance Grant Stimulus Funding. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.a. RESOLUTION NO. 028516 Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 23, 2010 — Page 3 7.b. ORDINANCE NO. 028517 Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. MOTION NO. 2010 -055 Motion authorizing City Manager, or his designee, to execute a 17 -month lease agreement, with Wilson Plaza Associates LP, for First Floor, Suite #105, approximately 4,802 square feet of the Wilson Building, 600 Carancahua /6011 Leopard, for $4,802 monthly rental payment plus $18,250 for renovation costs. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. ORDINANCE NO. 028522 Ordinance appropriating $3,000 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission grant fund for the 2010 Festival of the Arts. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. WITHDRAWN BY STAFF Ordinance approving the transfer of $60,858 from the Maintenance Services Fund No. 5110 revenues by $60,8584ash 13. RESOLUTION NO. 028523 Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. MOTION NO.2010 -056 Motion authorizing the City Manager, or his designee, to execute a construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $141,000 for Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements. Minutes — Regular Council Meeting March 23, 2010 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. MOTION NO. 2010 -057 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $72,730, for a total re- stated fee of $102,030 for the Greenwood Wastewater Treatment Plant Lift Station Improvements. (Wastewater CIP 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. MOTION NO. 2010 -058 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 $229,110 for a total restated fee of $274,440 for design, bid, construction and additional phase services for Oso Infiltration /Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement. (Wastewater CIP 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17. MOTION NO. 2010 -059 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Charles L. Benys, Attorney -in -Fact for Charles B. Benys, in the amount of $80,420, which would also require an additional $1,550 in closing costs, for the purchase of fee simple property rights to Parcel 2, containing 9,180 square feet (0.211 acres) of property owned by Charles B. Benys, located at 6008 Yorktown Boulevard, necessary for street improvements and other public purposes in connection with the Yorktown Boulevard — S. Staples to Cimarron Blvd. Street Improvement Project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. 18. RESOLUTION NO. 028524 Resolution amending City Council policies adopted by Resolution No. 02.1901 regarding guidelines for public use of City Hall audio -video facilities after hours. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19. ORDINANCE NO. 028525 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Mayor's Fitness Council. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 23, 2010 — Page 5 Council Member Kieschnick requested that staff prepare an agenda item for repair of the doors at the American Bank Center. Mayor Adame opened discussion on Item 8 regarding the Retired and Senior Volunteer Program (RSVP). Council Member Leal stated that the RSVP is an exceptional program that provides a value of $92,897.93 directly to the City. Ms. Leal thanked all of the senior volunteers in the program. City Secretary Chapa polled the Council for their votes as follow: 8.a. RESOLUTION NO. 028518 Resolution authorizing the City Manager or his designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 028519 Ordinance appropriating a $20,987 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 9 regarding the Senior Companion Program (SCP). Council Member Leal explained that the SCP provides assistance to adults with physical, emotional or mental health limitations. Ms. Leal thanked the SCP for providing services to people in the community with special needs. City Secretary Chapa polled the Council for their votes as follows" 9.a. RESOLUTION NO. 028520 Resolution authorizing the City Manager or his designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.b. ORDINANCE NO. 028521 Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 23, 2010 — Page 6 Mayor Adame opened discussion on Item 20 regarding an amendment to the membership for the Leadership Committee for Senior Services. Council Member Leal spoke in opposition to removing the representatives from the Retired and Senior Volunteer Program (RSVP) and Senior Companion Program (SCP) from the Leadership Committee for Senior Services. Interim Director of Parks and Recreation Stacie Talbert explained that staff is recommending the removal of the representatives from the RSVP and SCP because two separate boards were created specifically for the SCP and RSVP to advise these programs. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program Representatives and expand At -Large Representatives from six to ten members. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * * Mayor Adame opened discussion on Item 31 regarding the Cole Park Renovations and Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; the project location; the scope of work; and project schedule. The following topics pertaining to this item were discussed: the need for playground equipment for older children; the assistance from the Junior League; the Gardens concept; the rodent and trash issue; whether the park will use effluent water for irrigation; and the Kids Park playground structure replacement. Mayor Adame called for comments from the audience. Abel Alonzo, Chairman for the Persons with Disabilities, asked if the equipment would be ADA compliant. Mr. Anaya stated that every improvement will be ADA compliant. Mr. Alonzo thanked the staff for their work to improve ADA compliance. City Secretary Chapa polled the Council for their votes as follows: 31. MOTION NO. 2010 -062 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas in the amount of $228,800, for preliminary design, design, bidding, and construction phase services and additional services for Cole Park Renovations and Improvements. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. * * * * * * * * * * * * * Mayor Adame referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting March 23, 2010 — Page 7 Case No. 0310 -02, Dominican Sisters of Thomas Aquino: A change of zoning on a 3.91 acre tract of land from the "R-1B" One - family Dwelling District / "A -1" Apartment House District to the "B-1A" Neighborhood Business District resulting in a change of land use from Vacant Land use to Adult Day Care Center and Medical Clinic use on property described as 3.91 acre tract of land located in Hearn Tract, Block 3, Lot 1, generally located on the southwest corner of the intersection of Callicoate Road (FM RD 1694) and Hearn Road, at 12201 Hearn Road. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including a 2009 aerial photograph; the zoning map; the existing land use map; zoning district information; views of the subject property; the future land use map; and department comments. Ms. Macon stated that the Planning Commission and staff recommended approval of the "B -1A" Neighborhood Business District. Ms. Macon announced that the 20% rule is invoked. Council Member Kieschnick asked questions regarding the nature of the opposition received. Ms. Macon reported that the residents were concerned with commercial development near their property. Mr. Kieschnick spoke in support of the request. Mayor Adame called for comments from the public. Michael Gunning, 738 Crestview, stated that he was assisting the sisters with the re- zoning request and recommended the "B -1A" district. Mr. Gunning stated that the "B -1A" district was developed to create a transitional zone when properties were moving from residential to commercial zoning. Mr. Gunning added that neighborhood had concerns with storm water and traffic issues on Callicoate. Mr. Gunning reported that Assistant City Manager of Development Services Johnny Perales addressed the neighbor's concerns; however, the neighbors are still in opposition. Mr. Gunning introduced Ricardo Rodriguez, Agent for the Dominican Sisters of Thomas Aquino, who provided information on the mission and operations of the order. Mother Superior Maria Cristo thanked the Council for their support. Council Member Kieschnick made a motion to approve the zoning change as requested. The motion was seconded by Ms. Martinez. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 028526 Amending the Zoning Ordinance, upon application by Dominican Sisters of Thomas Aquino, by changing the Zoning Map in reference to 3.91 acres out of Hearn Tract, Block 3, Lot 1, from "A -1" Apartment House District/'R -1 B" One - Family Dwelling District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: Minutes — Regular Council Meeting March 23, 2010 — Page 8 21. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding City of Corpus Christi — Proposed TPDES Permit No. WO0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 22. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 23. Executive Session under Texas Government Code Section 551.071 regarding g Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10-000769, in the 250 District Court, Travis County, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * ** Mayor Adame referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following platting ordinance amendment: 24. Public Hearing to consider and First Reading Ordinance — Amending the Corpus Christi Platting Ordinance, by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; and providing for publication. The proposed amendment would seta maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including the existing park development requirements; examples under the current park ordinance; a comparison of park fees with other Texas cities; proposed short term and long term solutions; average land value; the impact to the park development program; and examples of residential projects under the capped system. The following topics pertaining to this item were discussed: the price per square footage in other cities; the consideration of the value of the land; the master plan for parks regarding how to address the maintenance and upkeep; the average rental rates for apartments in other cities; and the community enrichment fund. Council Member Scott requested that staff provided a comparison of the average rental rates for apartments in other cities for the second reading. No one appeared in opposition to the platting ordinance amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Amending the Corpus Christi Platting Ordinance, by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; and providing for publication. The proposed amendment would set a maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. Minutes — Regular Council Meeting March 23, 2010 — Page 9 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * Mayor Adame referred to Item 33 regarding the Clean City /Pride Committee Action Plan. Chair of the Pride Committee Monica Sawyer introduced Pride /Clean City Coordinator Angela Rowe; Pride Committee representatives James Chrobocinski and Michel Peters; and Chair of the Clean City Committee Daiquiri Richard. Ms. Sawyer stated that the Mayor recommended the development of the Pride Committee to inspire Corpus Christi to care about our City again. Ms. Rowe referred to a powerpoint presentation on the strategic plan including the committees involved; the mission and duties of the Advisory Committee on Community Pride; the Pride Committee core areas of concentration; beautification events and future projects; customer services; the Shop and Play locally campaign; and recycling efforts. Ms. Rowe also introduced the Pride Campaign Mascot, Corpus Gus. The following topics pertaining to this item were discussed: the beautification projects; the Shop Local campaign; an explanation of "staycations "; efforts to transfer the responsibility of landscaping maintenance on South Padre Island Drive (SPID); and pedestrian lighting at Cole Park. Council Member Leal thanked Mr. Chrobocinski and all of the volunteers that helped to improve the Molina Veterans Park. Council Member Elizondo thanked Interim Director of Parks and Recreation Stacie Talbert and the Park and Recreation Department for their clean up efforts. * * * * * * * * * * * * * Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning ordinance amendment: 25. Public Hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. Lisa Wargo, Senior Planner, introduced the presentation team including David Loeb, Carolyn Moon, Jeff Pollack, and Bart Braselton. Ms. Wargo referred to a powerpoint presentation including the use allowances; site arrangement; lot dimensions and maximum square footage; the requirements for common and private open space; sidewalks and pathway requirements; community buildings; private garages; examples of established cottage developments; affordable fee simple homes concept; and an overview of the changes made to the ordinance since presented at the public hearing. Minutes — Regular Council Meeting March 23, 2010 — Page 10 The following topics pertaining to this item were discussed: changes made to the ordinance since the public hearing; the 10 -foot building line setback; storage space; concerns from the industry regarding building materials; the architectural styles; the small lot ordinance; garbage receptacles for the cottage house district; and the maintenance of alley ways. Council Member Scott encouraged staff to move forward with the development of the small lot ordinance. No one appeared in opposition to the zoning ordinance amendment. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A-2, 13-2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the consolidated annual action plan amendment: 27.a. Public Hearing to receive comments regarding an amendment of the FY2005 and FY2006 Consolidated Annual Action Plan to reprogram $461,604 of HOME Investment Partnerships (HOME) Program funds for Nueces County Community Action Agency (NCCAA). Director of Neighborhood Services Eddie Ortega explained that this item was a request to amend the Consolidated Annual Action Plan for 2005 -2006 and reprogram funds from the HOME Investment Partnership (HOME) Program for the Nueces County Community Action Agency (NCCAA). Mr. Ortega reported that NCCAA is proposing to build a seven unit multifamily project to serve persons with physical disabilities. Council Member Leal announced that she was a member of the Board of NCCAA and would abstain from the discussion and vote on this item. Council Member Martinez thanked Joe Martinez and NCCAA for assisting persons with disabilities. No one appeared in opposition to the consolidated annual action plan amendment. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting March 23, 2010 — Page 11 27.b. MOTION NO. 2010 -060 Motion authorizing the City Manager or his designee to amend the FY2005 and FY2006 Consolidated Annual Action Plan pertaining to the HOME Program for NCCAA and execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal abstained. * * * * * * * * * * * * * Mayor Adame recessed the Regular Council meeting to hold the meetings of the Corpus Christi Community Improvement Corporation (CCCIC) and Corpus Christi Housing Finance Corporation (CCHFC). * * * * * * * * * * * ** Mayor Adame reconvened the Regular Council meeting. Mayor Adame opened discussion on Item 30 regarding the parking lot located adjacent to the Ward Building. Assistant City Manager Oscar Martinez stated that this item is related to the action approved by the CCCIC and CCHFC. Mr. Martinez provided a background of this project and stated that this item recommends that the City Council authorize a parking lot management agreement with the Corpus Christi Downtown Management District for the parking lot located adjacent to the Ward Building. Mr. Martinez added that the parking lot will be comprised of 36 spaces and listed the terms of the agreement. In response to Council Member Martinez, Assistant City Manager Martinez stated that the request for proposal for the parking lot would be done in the next 30 to 45 days. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30.a. MOTION NO. 2010 -061 Motion authorizing the execution of a Parking Lot Management Agreement with the Corpus Christi Downtown Management District concerning the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 30.b. RESOLUTION NO. 028527 Resolution authorizing the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. Mayor Adame opened discussion on Item 32 regarding the Zoning Ordinance of the City of Corpus Christi. Assistant City Manager of Development Services Johnny Perales provided a background of the provisions for the screening of dumpsters. Mr. Perales stated that in response to recent citizen complaints, Code Enforcement staff has increased efforts to inform property owners of Minutes — Regular Council Meeting March 23, 2010 — Page 12 the screening requirement. Mr. Perales added that several businesses have requested the consideration of a moratorium on the code sections requiring the screening of dumpsters, if not on a permanent, at least a temporary basis. Mr. Perales stated that staff recommends that if the moratorium is consider, that it be on a temporary 180 -day basis. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. ORDINANCE NO. 028528 Ordinance imposing a temporary 180 -day moratorium on the requirement in Section 27- 3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas, to screen trash areas on any lot used for business or multi - family purposes from street, public and neighboring views; providing for publication; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Carolyn Moon, 4902Calvin, spoke regarding the City responding to her complaint of potholes and thanked staff for the agenda summary posted on the City's website. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant and spending money to fund the Mary Rhodes Pipeline, Phase II project. Keith Arnold, Corpus Christi Convention and Visitors Bureau, provided a resolution from the Board of Directors endorsing the immediate demolition of the Coliseum and in support of the Destination Bayfront process. Mr. Arnold also stated that the Board of Directors supported placing the World War II Memorial plaque in close proximity to the Coliseum site. Abel Alonzo, 1701 Thames, spoke regarding the approval for the tax abatement from the Nueces County Commissioners Court for the Las Brisas Plant. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:35 p.m'on March 23, 2010. * * * * * * * * * * * ** 2 Request Council Date: 3/30/10 Alternate Date: 4/13/10 COUNCIL MEMORANDUM A. ORDINANCE APPROPRIATING $26,050 FROM THE RESERVE FOR FLEET MAINTENANCE IN THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF ONE (1) 2010 HONDA CNG CIVIC GX; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $26,050; AND DECLARING AN EMERGENCY. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND Purpose: These monies were originally budgeted in the Gas Department Operations budget in FY 2009. Last year, the monies were moved into the Maintenance Services Fund to purchase vehicles and equipment. After all the vehicles and equipment were purchased for the Gas Department, some excess money remained which ultimately was transferred into the Reserve for Fleet Maintenance. The Gas Department has requested that $26,050 of the excess funds be used to purchase a new 2010 Honda CNG Civic GX vehicle. The vehicle will be used by the Gas Department for normal day to day work. It will be purchased administratively by the Purchasing Department. The vehicle is an addition to the fleet. Michael era Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com Page 1 of 2 ORDINANCE APPROPRIATING $26,050.00 FROM THE RESERVE FOR FLEET MAINTENANCE IN THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF ONE (1) 2010 HONDA CNG CIVIC GX; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $26,050.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $26,050.00 from the reserve for Fleet Maintenance in the Maintenance Services Fund Na 5110 is appropriated for the purchase of one (1) 2010 Honda CNG Civic GX. SECTION 2. That the FY 2009 -2010 operating budget adopted by Ordinance 028252 is changed to increase expenditures by $26,050.00 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form March 22, 2009 By: ._ • Lisa Ag(uidar Assistant City Attorney Joe Adame Mayor H: \LEG -DI R\Jeannie\ Lisa \Ordinances- Resolutions\ ORD- approp- FleetMtce- FY09 -10- OperatingBudget.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR\Jeannie \Lisa \Ord inances- Resolutions\ ORD- approp- FleetMtce- FY09 -10- OperatingBudget.doc 3 Requested Council Action 03/30/10 Alternate Date 04/13/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with AmeriPride Services, Corpus Christi, Texas, for uniform rental service, in accordance with Bid Invitation No. BI- 0029 -10 based on best value for an estimated two year expenditure of $89,330.80 of which $14,888.48 is required for the remainder of FY 2009 -2010. The term of the contract shall be for twenty -four months with an option to extend for up to one additional twelve month period subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2009 -2010. ****************************************************** * * * * * * * ** * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Previous Contract: Bid Invitations Issued: Bids Received: Price Analysis: Award Basis: This service is used by Fire Department, Maintenance Services, Park Maintenance, Solid Waste Department, Utility Field Office, and Vector Control for employees that have a high exposure to soil, oil, grease and chemical stains. Services include supplying, picking -up, cleaning, pressing and delivering five work uniforms per employee, per week, to each of the using departments. Approximately 232 employees will be provided uniforms under this contract. A twenty -four month contract is required to allow the vendor to amortize the initial cost of supplying the uniforms over a two year period. The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Six Two Pricing has decreased approximately 2.6% since the last bid of 2007. Best Value The evaluation team, comprised of team members from Fleet Maintenance, Park & Recreation Department, Purchasing and Solid Waste Department, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 30 %, (2) Lead Time 10 %, (3) Quality of Garments 15 %, (4) Bidders Profile and Qualifications 15 %, and (5) Cost 30 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Ameripride Service, as the best valued supplier for this service. Funding Fire Department Maintenance Services Park Maintenance Solid Waste Services Utilities Vector Control r 530150- 1020 -12050 530150 -5110 -40100 530150 -5110 -40110 530150 -5110 -40140 530150 -5110 -40190 530150 -5110 -40200 530150 -1020 -12910 530150 -1020 -12504 530150 -1020 -12506 530150 -1020 -12510 530150 -1020 -12511 530150 -1020 -12512 530150 -1020 -13870 530150 -4010 -30015 530150 -1020 -12670 Requested Council Action 03/30/10 Alternate Date 04/13/10 FY2009 -2010 (4 months) 263.44 1,378.37 85.33 666.68 266.67 666.68 560.73 1,333.36 133.34 4,265.40 1,333.36 666.68 666.68 2,025.43 576.33 Total (2009 -2010) $14,888.48 Funding for this award will be made partially from the current fiscal year. The funds shown above represent 4/12 of the entire award. The remaining funds required for this award will be requested to be funded from the FY 2010/2011 proposed budget. Michael B'arrera Assistant Director of Financial Services (361) 826 -3169 mikeb @ccte_xas.com CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 3/30/2010 SUMMARY EVALUATION MATRIX BID INVITATION NO.: BI- 0029 -10 UNIFORM RENTAL TWO YEAR CONTRACT AmeriPride Service Corpus Christi, Texas Unifirst Holdings Corpus Christi, Texas Evaluation Criteria Maximum Points Points Awarded Points Awarded Resources 30 points 30 30 Lead Time 10 points 10 10 Quality of Garments 15 points 14 12.8 Bidder's Profile & Qualifications 15 points 14.8 15 Pricing 30 points 30 29.9 SCORE 98.8 97.7 Two Year Cost $89,330.80 $89,622.00 4 Requested Council Action 03/30/10 Alternate Date 04/13/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Vulcan Signs, Foley, Alabama for aluminum traffic sign faces based on low bid in accordance with Bid Invitation No. BI- 0061 -10 for an estimated annual expenditure of $127,151.35 of which $41,959.95 is required in FY 2009 -2010. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Street Department for FY 2009 -2010. ****************************************:********:**** ** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The traffic sign faces are used in the manufacturing of City street signs. This contract covers eighty -five different sign faces that will be posted throughout the City. Bid Invitations Issued: Thirty-one Bids Received: Seven Award Basis: Low Bid Funding Street Department 520130 -1020 -12320 Michael Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb c)cctexas.com FY2009 -2010 $41,959.95 (4 months) Funding for this award will be made partially from the current fiscal year. The funds shown above represent 4/12 of the entire award. The remaining funds required for this award will be requested to be funded from the FY 2010/2011 proposed budget. CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BUYER: GABRIEL MALDONADO Vendors BID TABULATION BID INVITATION NO. BI- 0061 -10 TRAFFIC SIGN FACES Approximately 4,450 sign faces Vulcan Signs Foley, AL Custom Products Corp. Jackson, MS Roadrunner Traffic Supply Fort Worth, TX Rocal, Inc. Frankfort, OH Newman Signs Inc. Jamestown, ND Hall Signs, Inc. Bloomington, IN Crystal Signs, Inc. Gonzales, TX $127,151.35 $137,683.40 $148,896.00 $149,975.15 $162,064.55 $163,580.90 $175,914.85 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/30/2010 AGENDA ITEM: Ordinance to amend Section 2 of Ordinance 028261 which implemented salary increases for the Municipal Court Judges to adjust Municipal Court Judge Rodolfo Tamez's salary. ISSUE: Revisions to Municipal Court Judges Salary Increases REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: Approval of Ordinance 028261 on July 28, 2009 to increase the Municipal Court Judges salary for FY- 2009 -2010. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. I' 4 G't/ Margie S. Flores, Presiding Judge Municipal Court MargieS @cctexas.com 361- 826 -2520 Attachments BACKGROUND INFORMATION In July 2008, the City Council approved a pay increase for the Municipal Court Judges, bringing Judicial Salaries to a midpoint of comparable jurisdictions. The salary increases were implemented over a 2 year period, ending in May 2010. In August 2009, Judge Rodolfo Tamez was reassigned to an Associate Judge position and Judge Margie S. Flores was promoted to Presiding Judge. The current salary increases as previously set by ordinance increased Judge Tamez' salary above the Presiding Judges salary. Although Judge Tamez was reassigned to an Associate Judges position, his salary remained the same. This Ordinance Amendment will reduce Judge Tamez' salary to the original salary intended by the Council at the time of his reassignment. AN ORDINANCE TO AMEND SECTION 2 OF ORDINANCE 028261 WHICH IMPLEMENTED SALARY INCREASES FOR THE MUNICIPAL COURT JUDGES TO ADJUST MUNICIPAL COURT JUDGE RODOLFO TAMEZ' SALARY; AND DECLARING AN EMERGENCY. Whereas, Ordinance 028261 approved by City Council on July 28, 2009 set salaries for the Municipal Court Judges and established subsequent salary increases; Whereas, the goal of the salary increases established by Ordinance 028261 was to move the salary ranges of the Municipal Court Judges to the city midpoint of the pay plan; however the plan approved for Municipal Court judges is not applicable to Municipal Judge Tamez as he was in the Presiding Judge position when the plan was developed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Section 2 of Ordinance 028261 is revised to read as follows, with the new text shown as underlined text: "Each person appointed to the full -time municipal judge position shall receive their current salary, and subsequent pay increases identified in City Council's plan to move the municipal judge salaries to the City midpoint, with the Municipal Court Judges receiving a 2.5% increase effective August 17, 2009, a 3.5% increase effective January 4, 2010 and a 4.9% increase effective May 3, 2010. Effective March 30, 2010 however, the salary for Judge Rodolfo Tamez shall be reduced to remove the 3.5% salary increase previously provided on January 4, 2010. Additionally, the 4.9% increase scheduled for May 3, 2010 shall not be provided to Judge Rodolfo Tamez." Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: Armando Chapa City Secretary Approved: March 22, 2010 Lisa Aguil ;ti Assistant City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a $97,873 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2010 Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $97,873 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2010 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. ISSUE: The Senior Community Services Division seeks additional grant opportunities to enhance program operations. The Texans Feeding Texans Program grant is made available through the Texas Department of Agriculture to supplement the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective February 1, 2010 through January 30, 2011. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate grant funds from the Texas Department of Agriculture Texans Feeding Texans Program to supplement the Senior Community Services Elderly Nutrition Program. PREVIOUS COUNCIL ACTION: Council authorized FY 2009 funding from the Texas Department of Agriculture in November 2009. FUNDING: The Texas Department of Agriculture is issuing a Texans Feeding Texans grant in the amount of $97,873 to supplement the City of Corpus Christi Senior Community Services Elderly Nutrition Program from February 1, 2010 through January 31, 2011. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Texas Department of Agriculture. ")„/ Stacie Talbert, Interim Director Parks and Recreation Department StacieTacctexas.com 361- 826 -3464 Attachments: Background Information Page 4of5 BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texas Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution and a $10.00 grant to authorize the City of Corpus Christi's application for FY '10 funding. The City of Corpus Christi's grant allocation is determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County . Last year's funding for this grant was $445. The Texans Feeding Texans Program allows for additional meal units for FY'10 and support two staff positions dedicated to the Home Delivered Meal Program. Page 4 of 4 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $97,873 GRANT AWARDED BY THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM FOR THE FY 2010 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $97,873 grant awarded by the Texas Department of Agriculture Texans Feed Texans Program for the FY 2010 Senior Community Services, Elderly Nutrition Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: March.:- , 2010 Lisa Agui Assistant City Attorney For City Attorney H:\LEG -DI R\Jeannie \Lisa \Ordinances- Resolutions\ Res- authGrant -Sr. Comm- TexansFeedingTexans- 2010.docx Page 2 of 2 Corpus Christi, Texas Day of 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG -DI R\Jean n ie \Lisa \Ord ina nces- Resolutions \Res -a uthGra nt -Sr. Comm -Texa nsFeed ingTexans -2010. docx Page 1 of 2 ORDINANCE APPROPRIATING A $97,873 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2010 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $97,873 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March .22 2010 Lisa Agif r Assistant City Attorney For City Attorney H:\ LEG -D I RWean n ie\ Lisa \Ord i nances- Resolutions\ ORD- appropGra nt- SrCommServ- Texansfeed ingTexans- 2010.doc Corpus Christi, Texas day of , 2010. Page 2 of 2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:1LEG -DI RUea nnie \Lisa \Ord finances- Resolutions \ORD- appropGrant- SrCommServ-Texa nsfeed ingTexans- 2010.doc CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2010 AGENDA ITEM: Motion approving the temporary street closures of the Peoples Street T -head and the 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, beginning at 12:01 a.m. on Saturday, April 17, 2010 and ending at 5:00 p.m. on Monday, April 26, 2010, for the Texas International Boat Show, pending the applicant MMD Communications' timely submittal, and the City's receipt, of the required Certificate of Insurance (Exhibit "B "). ISSUE: Marion Daly, with MMD Communications, has requested the temporary closure as outlined above be approved by the City Council for the 2009 Texas International Boat Show pending the Certificate of Insurance two weeks prior to the street closure. REQUIRED COUNCIL ACTION: Street closing permits for large public events and closing of the water access area requires City Council approval. PREVIOUS COUNCIL ACTION: City council approved the street closures for last years Texas International Boat Show on March 24, 2009. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn @cctexas.com 826 -3781 Attachments Exhibit "A" - Background Information Exhibit "B" - Site Plan Exhibit "C" - Street Closure Application BACKGROUND INFORMATION The Texas International Boat Show will take place at the Corpus Christi Downtown Marina from April 22, 2010 through April 25, 2010, with up to 400 boats, both in -water and on- shore, ranging in size from 10' to 120' luxury yachts. 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. 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. All traffic control measures have been agreed upon under an existing 5 -year lease agreement with the City and its Corpus Christi Municipal Marina. The temporary street closures include the closure of the entire Peoples Street T -Head Water Access Area (encompassing Docks E, F, G, and H in the Marina), including boat slips and other amenities. The Boat Show will grant access by a golf cart, free of charge, to those individuals wishing to access Landry's Restaurant on the Peoples T -head. Ms. Marion Daly, of MMD Communications, has requested the City Council approve the subject temporary street closures for the 2010 Texas International Boat Show, pending MMD Communications' timely submittal, and the City's receipt, of the required Certificate of Insurance. The City must receive the required Certificate of Insurance two weeks before the date of the street closures. Exhibit "A" RIMINI, SINN SITE PLAN SUBJECT: TEXAS INTERNATIONAL BOAT SHOW TEMPORARY STREET & WATER CLOSURE EXHIBIT " B " Traffic Engineering Div. Engineering Services Dept. ... • .. ... •.• II City of Corpus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: N CorpusChristi Address: (z) STE t_4_:oc City: NI P3U-1 LA(-0 State: Phone #: S7t Zip: . Fax #: LC) tTT�2 Email t (7)("yo,k-c4W”. • (-AA 2. Name of Proposed Event: kN! AT(bi\Z \ \ kCA 3. Date of Planned Event: lAPR'AL__ 22 (2C:if.; 4. Key Contact Individual i"\AAR-t(\l A.CY Phone #: 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE Kics2-1:4aNcut_ 6- EL Stioac- 0,k_:3P-)) c-zom .-tc-te acA-kr oP ir„; SCI4A-77C:=1 SC) 6,114 RACtb-ti-N;:- LAi ic Lr1Z c.•'; I- -TIM C.S.CsSe_ gs • Oi AN.% (it Skiu4_1A7 1-7-rt-k PkiiRt L_ ko, Ni Ec. OD rflv\ t=rt QCit 1-k0g-t L._ at; t c.,) -ts 6. Purpose of Event and Detailed Description of Activities Planned: i ATLI:-). sAN.ciN) KICCvile_ 7. List foods and beverages to be served: L.4 Page 1 of 8 Exhibit "C" 8. Services Requested by the City: 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 at least (30) day prior to the event date. 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 event shall be free; B. ')All profits derived from the event shall be for charitable causes; C.JPay 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 "A ". 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. Page 2 of 8 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; O. 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 Chair /Organizer Signature Sponsoring Organization >Tt -k iZCt i cr tr-3 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 Page 3 of 8 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 dosing 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 51--i,x date of (V1a: rl,'. 20 1C:; Permit Applicant Sig ure Cb v ALkk; c 42 Company Name Page 4 of 8 EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE 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 furnish 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: $1,000,000 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 Permit ins. req. 5 -8 -08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date 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 Tess 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) Large 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 thousand 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. http://www.municode.com/resources/qateway.asp?pid=13945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19 8 AGENDA MEMORANDUM DATE: March 30, 2010 SUBJECT: Emergency /Hurricane Operations Plan AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional services contract with Beck Disaster Recovery, Inc. of Houston, Texas in the amount of $87,860.00 for development of operations based emergency /hurricane plan. ISSUE: Current City emergency /hurricane plans rely on individual departmental operating plans. These plans vary in terms of coordination with the City wide plan and quality. Additionally, the City Emergency /Operations Plan has been incrementally developed over time. It requires a comprehensive evaluation and update. FUNDING: Funds are available from the FY 2009 -2010 Operation Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director - Engineering Services 361 - 826 -3781 petean@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary 1-1: IHOMEWEVINSIGENIHURRICAMOpPIan20091AEAmdMemo. doc ADDITIONAL INFORMATION SUBJECT: Emergency /Hurricane Operations Plan PROJECT DESCRIPTION: The project will result in the development of a City wide emergency /hurricane operations plan. This plan will be an operations -based plan for a City Wide Operations Plan and City Departments to use during a catastrophic event. Planning and preparing for catastrophic events will help the City to effectively orchestrate response and recovery efforts and maximize federal reimbursement for disaster - related costs. BACKGROUND: Current City emergency /hurricane plans rely on individual departmental operating plans. These plans vary in terms of coordination with the City wide plan and quality. Additionally, the City Emergency /Operations Plan has been incrementally developed over time. It requires a comprehensive evaluation and update. CONTRACT: There are a limited number of firms engaged in emergency /disaster recovery planning. There are no local firms that provide such services. Some larger firms with local offices have personnel in other cities that specialize in such services. Request for Qualifications No. 2009 -08 was released November 17, 2009. Council was notified of the release and that firms not located in Corpus Christi were being solicited as Emergency Operation Plans have not been prepared by local consulting firms or by personnel assigned to the local office of major firms. A total of six firms responded to the RFQ. The responses were evaluated by City personnel based on the criteria set forth in the RFQ. The firm of Beck Disaster Recovery of Houston, Texas was ranked highest based on the criteria set forth. A contract summary is attached as Exhibit B. The Consultant will work with up to 20 City Departments. Topics to be addressed include: • Information technology (IT) recovery plans; • Emergency procedures (including procurement and travel policies); • Code enforcement regulations and city ordinances; • City code, Texas statutes, and internal policies that mandate specific functions in each department; • Debris management plan and supporting procedures; • Mutual aid assets from neighboring jurisdictions and obligations to other municipalities; • Pre - positioned contracts that support recovery operations (debris, generators, base camps, etc.); • Internal processes and procedures; • Training of employees on standard operating procedures; Exhibit "A" Page 1 of 2 H:\ HOME\ KEVINS\ GEN\ HURRICAN \OpPIan2009\AEAmdBkgExhA.doc • Trained personnel /roles during a disaster; • Adequate available or acquired resources; • Backup personnel; • Alternate facilities /relocation procedures; • Emergency supplies; • Critical suppliers /coordinating agencies; • Shortage of personnel; • Third party risks; • Heating /air conditioning; • On -site storage /refrigeration; • Backup power generation /telecommunications; • Facility access controls; • Technological risks; • Fire exposure; • Natural disaster exposures; • Location within SLOSH models (storm surge); and • Proximity to man -made exposures. Deliverables will include electronic copies of interim deliverables, one bound copy of the final operating plan, and four electronic copies of the final operating plan. The contract timeline and deliverable are provided by the following table: Phase Kick Off Completion Deliverables Phase 1: Project Initiation April 2, 2010 May 6,2010 N.A. Phase 2: Ca • abilities Assessment May 12, 2010 May 25 -26, 2010 May 26, 2010 June 9, 2010 N. A. Risk Mitigation Report Phase 3: Risk and Vulnerabilities Analysis Phase 4: Plan Development June 23, 2010 July 22, 2010 Operations Plan Training and Training Manual Phase 5: Training Program August 2, 2010 August 2, 2010 FUNDING: Funding is available from various City Departmental operating funds. Exhibit "A" Page 2of2 H:\ HOME \KEVI NS\ GEN\ HURRICAN \OPIan2009\AEAmdBkgExhA.doc Contract Summary SCOPE OF SERVICES The Consultant in collaboration with the City will develop an emergency /hurricane operations plan. This plan will be an operations -based plan for the City of Corpus Christi departments to use during a catastrophic event. Planning and preparing for catastrophic events will help the City to effectively orchestrate response and recovery efforts and maximize federal reimbursement for disaster - related costs. The plan will serve as an effective tool for lead departments, and coordinating City departments to follow pre - and post- landfall to manage emergency efforts. The plan will outline specific roles and responsibilities based on emergency management principles and best practices. It is understood that unforeseeable challenges arise in every emergency or hurricane response effort. Therefore the plan will be flexible to allow for contingencies and interim processes as the situation dictates. A. Phase 1 — Project Initiation The Consultant will: • conduct an initial project planning call with the City's project sponsor to identify key personnel and discuss the scope of the planning process. During this call, the Consultant Team will gather necessary information to develop a work plan that further defines the scope of work, project budget, schedule, deliverables, key stakeholders, and the planning steering committee. • conduct a one to two -hour workshop on -site to introduce the project to key department personnel citywide, distribute information - gathering worksheets, and provide instructions on how to complete the worksheets. These worksheets are used to gather necessary information on critical resources that support emergency operations. The worksheets capture information specific to each department and will provide the framework of each departmental annex of the emergency /hurricane operations plan. • will conduct two (2) half day planning meetings with City personnel and provide a workbook designed to capture critical information and promote discussion. The Consultant's Team will meet with the project sponsor and the steering committee to discuss the objectives of the project and ensure the overarching program is maintained throughout the process. B. Phase 2 — Capabilities Assessment The Consultant will: critical documentation is gathered from each department and evaluated by the Consultant's Team. The following data will be requested from each department: • Organizational structure and responsibilities; • Current emergency operations plans; This project will build on existing plans and avoid duplication of work that has already been created;Communications plans; • Information technology (IT) recovery plans; • Emergency procedures (including procurement and travel policies); • Code enforcement regulations and city ordinances; • City code, Texas statutes, and internal policies that mandate specific functions in each department; and • Debris management plan and supporting procedures. Consultant will catalog and assess the existing documentation and compile this information into a single document, compile the information provided in the surveys Exhibit B Page 1 of 4 and provide a department- specific capability assessment to be reviewed during on- site consultations with up to 20 City departments and verify the information collected and identify the following: • Critical functions that must be maintained during a hurricane • Staffing requirements for response functions • Available resources that can be re- allocated to hurricane response operations • Critical facilities tilt, if inoperable, will pose a threat to public health and safety • Mutual aid assets from neighboring jurisdictions and obligations to other municipalities • Pre - positioned contracts that support recovery operations (debris, generators, base camps, etc.) C. Phase 3 — Risk and Vulnerability Analysis The Consultant will: evaluate and compare capabilities to the level of effort required to adequately respond to a major hurricane and analyze each department's operational risks during the consultation sessions by addressing the following: • Internal processes and procedures; • Training of employees on standard operating procedures; • Trained personnel /roles during a disaster; • Adequate available or acquired resources; • Backup personnel; • Alternate facilities /relocation procedures; • Emergency supplies; • Critical suppliers /coordinating agencies; • Shortage of personnel; and • Third party risks. Consultant will conduct an on -site cursory inspection of critical facilities using Consultant's facility risk worksheet, which examines building- specific risks related to: • Heating /air conditioning; • On -site storage /refrigeration; • Backup power generation /telecommunications; • Facility access controls; • Technological risks; • Fire exposure; • Natural disaster exposures; • Location within SLOSH models (storm surge); and • Proximity to man -made exposures. Consultant will compile this information into a risk mitigation report that will identify gaps and provide recommendations for mitigation. D. Phase 4 — Plan Development In Phase 4, the process is pulled together in a set of planning documents to be used from the days leading up to landfall, during the impact of the hurricane, and throughout the Exhibit B Page 2 of 4 response and recovery phases. The key deliverables in this phase are the final versions of the capabilities assessment, risk mitigation report, and emergency /hurricane operations plan. The emergency /hurricane operations plan will include the following: • Department- specific operational annexes that list roles and responsibilities for key personnel; • Important meeting schedules with suggested attendees and agendas; • Pre- and post - landfall time delineated checklists; • H -120 hours: Activation of emergency plans, staff, and facilities • H -96 hours: Review capabilities and ensure adequate resources • H -72 hours: Execute responsibilities and activate contracts • H -48 hours: Monitor storm track and continue preparations • H -24 hours: Prepare final reports • H -0 hours: Prepare for post - landfall response • H +24 hours: Critical response • H +48 hours: Initiate contractors and prepare for debris removal operations • H +72 hours: First push /facility restoration • H +96 hours: Debris removal program • Logistics appendix to address the following: • Manpower (staff) • Heavy equipment • Resources • Mutual aid assets • Standby contracts • GIS component identifying location of available resources The emergency /hurricane operations plan will also provide guidance for Tong -term recovery operations. During this phase, the Consultant Team will conduct a final walk- through meeting with the project sponsor and steering committee to review the plan, checklists, and risk mitigation recommendations. In addition, the Consultant Team will discuss plan implementation, review the strategy for plan maintenance, and stress the importance of updating and exercising the plan. E. Phase 5 — Training Program Consultant will provide a training workshop for key department personnel to present the final plan and department- specific annexes, and instruct the attendees when and how to use the plan. Training will be conducted during two (2) three -hour training sessions. The training will provide employees on how to incorporate the plan as an integral part of their responsibilities during emergencies and hurricanes. The Consultant will deliver the training manual, including the multimedia presentation slides and notes that detail the purpose of the hurricane operations plan. The materials explain how to use and maintain the plan and include training aids such as handouts. The Consultant's training program, based on Exhibit B Page 3 of 4 effective fundamentals of adult education, will provide a framework for implementation for key personnel who have critical roles and responsibilities in the plan. FEES AUTHORIZED A Phase 1: Project Initiation $12,290.00 B. Phase 2: Capabilities Assessment $24,870.00 C. Phase 3: Risk and Vulnerabilities Analysis $14,850.00 D. Phase 4: Plan Development $26,580.00 E. Phase 5: Training Program $9,270.00 TOTAL $87,860.00 Exhibit B Page 4 of 4 9 AGENDA MEMORANDUM DATE: March 30, 2010 SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 (BOND ISSUE 2004) CHANGE ORDER NO. 7 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $105,079.68 for a total restated fee of $3,026,065.94 for ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points for additional work associated with utility conflicts. (BOND ISSUE 2004) ISSUE: The proposed Change Order No. 7 provides for additional funds for unforeseen utility conflicts discovered during construction. This portion of Staples Street was built prior to 1940 and the records of the underground utilities are incomplete. This resulted in a lack of information regarding many of the utility conflicts. The first conflict concerned the type of pipe material used for the original storm sewer, which were found to be vitrous clay pipe (VCP) instead of reinforced concrete pipe (RCP). For this reason, the normal construction procedure had to be modified, requiring special coupling connections. The gas line, electric bank, conduit, storm water system and sanitary sewer line conflicts were all a result of incomplete information from old utility records. Also during construction, it was discovered that there had been some railroad tracks located along Staples Street which were subsequently covered with asphalt. These tracks were in conflict with the proposed construction and a portion of the tracks had to be removed. FUNDING: Funding is available from the FY 2010 Street Capital Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map u. �un��c�oa ..�sue�r_cu�c�.ae���vnn_ene Cirin.unl4_SfenlaeWri Kin 71Ananda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 (BOND ISSUE 2004) CHANGE ORDER NO. 7 CHANGE ORDER NO. 7 DESCRIPTION: The proposed change order provides for additional monies due to unforeseen utility conflicts during the construction which needed to be resolved. These conflicts include: • revision to installation procedure due to unknown existing pipeline materials which resulted in special coupling connections $68,292.60 • 6 undocumented gas line conflicts $11,076.00 • 3 electric bank and conduit conflicts $ 4,637.00 • 7 storm water system conflicts $17,342.08 • 1 sanitary sewer line conflict $ 1,396.00 • 2 locations requiring removal of underground railroad tracks $ 2,336.00 Total cost for utility conflicts $105,079.68 PROJECT DESCRIPTION: This Bond Issue 2004 voter - approved project implements part of the Americans with Disabilities (ADA) transition plan approved by the Mayor's Committee for Persons with Disabilities and City Council. Improvements provide for construction of ADA curb ramps in areas where street construction projects are not planned and address areas of greatest need for pedestrian street accessibility. This project is part of the Metropolitan Planning Organization (MPO) Transportation Improvement Program. CONTRACT TERMS: The construction contract is increased by $105,079.68; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: This project is part of the City's effort to comply with the Americans with Disabilities Act (ADA) requirements. The project was identified and prioritized with the Mayor's Committee for Persons with Disabilities and coordinated with the Texas Department of Transportation (TXDOT) and the Regional Transportation Authority to maximize resources. The project was included under the Bond Issue 2004 ADA Improvements City -Wide and in the FY 2010 CIP. This project is part of the $95 million Bond Issue 2004 package approved by voters on November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and Safety Projects, Public Facility Improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's infrastructure investment. The street improvement program includes the construction of barrier -free ramps and sidewalks required for compliance with the Americans with Disabilities Act. u•\HnMF\Rarhalla\PFN \Streets \6300 -ADA Sidewalk- Staoles \CO No. 7\Agenda Background revl .doc PRIOR PROJECT ACTIONS SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 (BOND ISSUE 2004) CHANGE ORDER NO. 7 PRIOR COUNCIL ACTION: 1. April 17, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell - Veteto Engineering Inc. for sidewalk accessibility improvements. (Bond Issue 2000) (Motion No. 2001 -141) 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to execute a master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 3. August 28, 2001 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 4. November 10, 2004 — Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 5. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an advance funding agreement with the Texas Department of Transportation (TXDOT) in the amount of $23,000 for construction of barrier -free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Resolution No. 026109) 6. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for design, bid and construction phase services. (Motion No. 2005 -079) 7. 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) 8. January 20, 2009 - Ordinance appropriating $1,600,000 of anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A CIP Fund for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000; and declaring an emergency. (Ordinance No. 028028) 9. January 20, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $2,826,066.92 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. (Motion No. 2009 -015) 11:11OME\RachellelGEMStreets16300 -ADA Sidewalk - Staples \CO No. 71Prior Project Actions.doc 10. January 27, 2009 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers AIIey to Interstate Highway 37 in the amount of $13,200, made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. (Resolution No. 028034) 11. January 27, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik from Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers AIIey to Interstate Highway 37. (Motion No. 2009 -022) 12. January 12, 2010 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Motion No. 2010 -008) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 — Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000- 08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 — Administrative approval of Amendment No. 1 to the engineering services contract in the amount of $11,590 with Russell - Veteto Engineering Inc. for a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 5. June 23, 2004 — Administrative approval of Amendment No. 2 to the engineering services contract in the amount of $750 with Russell - Veteto Engineering Inc. for a total restated fee of $112,508 for additional services associated with the sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 6. June 25, 2004 — Letter to Pat Veteto, P.E., of Russell - Veteto Engineering Inc. informing him that the City was electing to not proceed with the Staples Street segment of the sidewalk accessibility improvements project through his company. 7. October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional storm water design work. 8. August 10, 2009 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $3,270 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional right -of -way acquisition survey work. 9. October 19, 2009 — Administrative approval of Change Order No. 1 with SLC EXHIBIT "B" Pa•e2of3 H: \HOME\Rachelle \GEMStreets \6300 -ADA Sidewalk - Staples \CO No. 7 \Prior Project Actions.doc Construction, LP, of Conroe, Texas in the amount of $4,545.25 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 10. November 1, 2009 — Administrative approval of Change Order No. 2 with SLC Construction, LP, of Conroe, Texas in the amount of $2,617.86 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 11. December 16, 2009 — Administrative approval of Change Order No. 3 with SLC Construction, LP, of Conroe, Texas in the amount of $6,458.31 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 12. March 19, 2010 - Administrative approval of Change Order No. 5 with SLC Construction, LP, of Conroe, Texas in the amount of $0 (no -cost change order) for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 13. March 24, 2010 - Administrative approval of Change Order No. 6 with SLC Construction, LP, of Conroe, Texas in the amount of $0 (no -cost change order) for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET March 30, 2010 PROJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 BOND ISSUE 2004 APPROVED: City Council Motion No. 2009 -015 on January 20, 2009 CONTRACTOR: SLC Construction, L.P. P.O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $2,826,066.92 Motion No. 2009 -015 25% Limit Amount $706,516.73 Change Order No. 1 (September 28, 2009) $4,545.25 Administrative Approval Change Order No. 2 (October 30, 2009) $2,617.86 Administrative Approval Change Order No. 3 (December 10, 2009) $6,458.31 Administrative Approval Change Order No. 4 (January 12, 2010) $81,297.92 Motion No. 2010 -008 Change Order No. 5 (March 19, 2010) $0.00 Administrative Approval Change Order No. 6 (March 24, 2010) . $0.00 Administrative Approval Change Order No. 7 (March 30, 2010) $105,079.68 Motion No. 2010 - TOTAL All Change Orders $199,999.02 7.08% < 25% NEW CONTRACT PRICE $3,026,065.94 �..�o �sue�r_vu e�.ae��ta�nn_ena SidawaIk- Staples \CO No. 7 \Change Order Summary.doc CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CIIANC3E ORDER NO: 7 FUNDING SOURCE: City of-Corpus Christi CONTRACT TIME: 397 Cal Days Operating Department: City of Corpus Christi DATE: 22- Mar -2010 Name of Project: Staples Street ADA Proiect - Staples Si. from Leopard Street to Six Points Contractor: SLC Construction, L.P. CHANGE Add the following item to the contract: (3) Misc. SLC Potential Change Orden 3A through 34 involving utiltiy conflicts and other issues. Extension of of Contract Time provided in City Change Order #6. ADD ADD S 105,079.68 0 Cal Days Total $105,079.68 0 Cal Days Why was this change necessary? (If left off the plans and specifications, explain why ?) Necessary work due to (1) unknown conflicts with Gas Lines, (2) encounter with Clay Storm Line needing special adapter connections, (3) uncovered railroad rail underneath pavement, (4) conflicts with sanitary sewer and stone sewer lines. 1Iow can similar changes he avoided in the future? Conflicts clue to unknown circumstances A. CONTRACT PRICE 52,826,066.92 B. 'TOTAL CHIANGE ORDERS (inc. current) 5199,999.02 C. NEW CONTRACT PRICE 53,026,065.94 D. THIS CHANGE ORDER 5105,079.68 E. PERCENT TOTAL CHANGE (II;A) 7.08% F. PREVIOUS TIME AUTHORIZED 397 G. ADDN'L CONTRACT TIITIME TJIIS CHANGE ORDER 0 H. TOTAL ADDITIONAL TIME 397 // ze CTI'Y OF CORPUS CH TI, T XAS By: Director of Engineering Services APPROVED: Operating Department Dir. of Management & Budget Legal Department CONTRACTOR By: Title: 1 EXHIBIT "C" NUECES BAY CORPUS CHRISTI BAY PROJECT # 6300 LOCATION MAP NOT m SCALE FLOUR BLUFF EXHIBIT "D" ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LEOPARD STREET TO SIX POINTS (BOND 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3-1/-2010 ��.... MOW MIN 10 AGENDA MEMORANDUM AGENDA ITEM: March 30, 2010 a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Alan Davis, owner and developer of Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of South Staples Street and east of Carroll Lane, including all related appurtenances; and b. Ordinance appropriating $8,597.59 from the No. 4030 Distribution Mains Trust Fund to reimburse Alan Davis for the installation of 184 feet of 6 -inch water distribution main, including all related appurtenances for development of Carroll Lane Park Unit 2, Block 8, Lot 4A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Alan Davis, owner and developer of Carroll Lane Park Unit 2, Block 8, Lot 4A, will start the construction of extending a 6 -inch waterline, including all related appurtenances once the City Council approves the Distribution Main Construction and Reimbursement Agreement and appropriates funds from the Distribution Main Trust Fund in compliance with the Platting Ordinance, Section V.B.5. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Juan Perales, Jr P.E. Assistant City Manager of Engineering and Development Services Email: JohnnyP @cctexas.com Telephone: (361) 826 -3570 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Background Information Final Plat Proposed Improvements Layout Application for Waterline Credit Application for Distribution Main Reimbursement Engineer's Cost Estimate Distribution Main Extension Construction and Reimbursement Agreement H: \DEVELOPMENT SERVICES \REIMBURSEMENT AGREEMENTS \CARROLL LANE PARK UNIT 2 \COUNCIL AGENDA MEMORANDUM.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Carroll Lane Park Unit 2, Block 8, Lot 4A, as shown in the final plat for the project (Exhibit B), requires the extension of a 6 -inch waterline to serve the subject property. The subject property is currently served by an existing 2 -inch PVC waterline. The proposed improvements will provide adequate water to the proposed development of a self -serve carwash. A layout of existing and proposed improvements is included as Exhibit C. The subject property is located west of South Staples Street and south of Carroll Lane. The properties in Block 8 of Carroll Lane Park Unit 2 are served by the existing 2 -inch waterline. There is an existing 24 -inch waterline along South Staples Street. However, service directly from the 24- inch waterline is not permitted. In order to comply with the Water Distribution Standards, the property must have direct access to at least a 6 -inch waterline. The proposed 6 -inch line will extend from Carroll Lane along the existing alley to the subject property for a length of 184 feet. The line will be looped with the existing 2 -inch waterline. The extension of the 6 -inch waterline will improve the service to the area. The developer has submitted an Application for Water Line Credit (Exhibit D), an Application for Water Line Reimbursement (Exhibit E), and a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit G) and supporting documentation in compliance with provisions of the Platting Ordinance, Section V.B.5. The amount requested in the Application for Water Line Credit is $608.12. This is the total amount of water acreage fees calculated as part of the platting requirements for the development. The total installation cost submitted by the developer for the 6 -inch waterline is $17,803.30. The developer is eligible for a reimbursement of 50 percent of the total installation cost in excess of the water acreage fee. Therefore, the maximum reimbursable amount will be $8,597.59. A detailed breakdown of the Engineer's cost estimate is included as Exhibit F. EXHIBIT A H: \DEVELOPMENT SERVICES \REIMBURSEMENT AGREEMENTS \CARROLL LANE PARK UNIT 2 \COUNCIL AGENDA MEMORANDUM.BACKGROUND.DOC EXHIBIT B 4, 44 C- .74 : 5 EXHIBIT C APPLICATION FOR WATERLINE CREDIT I, Alan Davis, owner and developer of proposed Carroll Land Park Unit 2, Block 8, Lot 4A Subdivision, hereby apply for $608.12 credit towards the water lot/acreage fee for the installation of the distribution main waterline as provided for by City Ordinance No. 17092. $17,803.30 is the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS actia_Nr...1) ! aA t! i q, , j Alan Davis, Owner (Date) COUNTY OF SAN PATRICIO This instrument was acknowledged before me on by Alan Davis. ERMLUNDAALVAf ADO fN l orar ; Publ ic, Stat e of Texas s ,fiy Commission Expires 4-30-2011 2 CERTIFICATION -Meath /q , 2010, OthAvedo No ary Public in and for the State of Texas The information submitted with this application has been reviewed and determined to be correct and a credit of $608.12 is herewith approved. Development Services Engineer (Date) EXHIBIT D APPLICATION FOR DISTRIBUTION MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT I, Alan Davis, owner and developer of proposed Carroll Lane Park Unit 2, Block 8, Lot 4A Subdivision, hereby request reimbursement of $8.597.59 for the installation of the water distribution main in conjunction with Carroll Lane Park Unit 21Block 8, Lot 4A subdivision, as provided for by City Ordinance No. 17092. Said $17,195.18 is the construction cost, including Engineering, in excess of the lot /acreage fee, as shown by the cost supporting documents attached herewith. Alan Davis, Owner %140 19',210 (Date) THE STATE OF TEXAS § COUNTY OF SAN PATRICIO § This instrument was acknowledged before me on by Alan Davis. ERMELJNDA ALVARADO Notary Public, State of Texas MV Commission Expires 4-30 -2011 , 2010, Aikado Notary Public in and for the Stale of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT E CARROLL LANE PARK UNIT 2, BLOCK 8, LOT 4A COST ESTIMATE WATER IMPROVEMENTS 02/23/2010 ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 1 2" TYPE K COPPER TUBING 21 LF 32.00 672.00 2 6" PVC PIPE 184 LF 21.50 3,956.00 3 6" MJ DI EL 3 EA 375.00 1,125.00 4 6" GATE VALVE W /BOX 2 EA 750.00 1,500.00 5 PATCH CONCRETE DRIVE 1 LS 400.00 400.00 6 NEW 2" WATER SERVICE 1 EA 750.00 750.00 7 6" MJ. CAP W /2" TAP 1 EA 500.00 500.00 8 TRAFFIC CONTROL DURING CONSTRUCTION 1 LS 350.00 350.00 9 REMOVE 4' SEGMENT OF 6" OR 2" AND PROVIDE 2" CAP 1 LS 600.00 600.00 10 2" TEE CUT IN 1 EA 500.00 500.00 11 PATCH WATERLINE CUTS WITH 4" CALICHE 1 LS 600.00 600.00 SUBTOTAL CONSTRUCTION 10,953.00 10% CONTINGENCIES 1.095.30 SURVEYING & ENGINEERING 5,755.00 TOTAL $ 17,803.30 WATER ACREAGE FEE CREDIT $608.12 TOTAL $17,195.18 50°% REIMBURSEMENT $8,597.59 EXHIBIT F Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Alan Davis, 8523 Thackery Street, Dallas, Texas, 75225 ( "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on May 27, 2009, to develop a tract of and of approximately 0.46 acres called Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of South Staples Street and east of Carroll Lane, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Distribution Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Distribution Main Extension; WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.B.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Distribution Main Extension (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. The Developer shall construct the Distribution Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Page 1 of 8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi 2. PLANS AND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 184 linear feet of 6 -inch PVC water distribution main line. 2. Install two (2) 6 -inch gate valves with box. b. The Distribution Main Extension must begin at the intersection of the alley and Carroll Lane and extend to the east along the alley approximately 184 feet to the southwest corner of Lot 4A, Block 8, Carroll Lane Park Unit 2. c. The plans and specifications must comply with City Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Distribution Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by December 31, 2010. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. Page 2 of 8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before December 31, 2010. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. Page 3 of 8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Alan Davis P. O. Box 1777 Aransas Pass, Texas 78335 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a Page4of8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 50% of the reasonable cost of the Distribution Main Extension, not to exceed $8,901.65. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Distribution Main by Developer. 17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the land, Carroll Lane Park Unit 2, Block 8, Lot 4A, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. Page 5 of 8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2010. ALAN DAVIS (Owner/ Developer) P.O. Box 177 Aransas Pass, Texas 78335 By: Alan Davis Owner /Developer THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on , 2010, by Alan Davis, Owner /Developer, Carroll Lane Park Unit 2, Block 8, Lot 4A. Notary Public, State of Texas Page 6of8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi CITY OF CORPUS CHRISTI ( "City ") 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa 'Angel R. Escobar City Secretary City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2010 Deborah W. Brown Assistant City Attorney for the City Attorney Page 7 of 8 Distribution Main Extension Construction and Reimbursement Agreement Between Alan Davis and City of Corpus Christi EXHIBIT 1 [Copy of Plat] EXHIBIT 2 [Reimbursement Application] EXHIBIT 3 [Map Showing Location of Infrastructure Improvements] EXHIBIT 4 [Cost Estimate] EXHIBIT 5 [Disclosure of Interest Form] Page 8 of 8 EXHIBIT 1 APPLICATION FOR DISTRIBUTION MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT I, Alan Davis, owner and developer of proposed Carroll Lane Park Unit 2, Block 8, Lot 4A Subdivision, hereby request reimbursement of $S 597.59 for the installation of the water distribution main in conjunction with Carroll Lane Park Unit 2, Block 8, Lot 4A subdivision, as provided for by City Ordinance No. 17092. Said $17,195.18 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. Alan Davis, Owner THE STATE OF TEXAS COUNTY OF SAN PATRICIO 914CLA t I / 0 (Date) This instrument was acknowledged before me on % L�� l , 2010, by Alan Davis. h prt ) Notary Public, State of Texas Commission Expires 4 -30 -2011 ERMELJNDA ALVARADO dkept_ado Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT 2 tf I 1 irI t 1 ' ir- ta 1 .9 at :it. Saltnet. Z..- EXHIBIT 3 CARROLL LANE PARK UNIT 2, BLOCK 8, LOT 4A COST ESTIMATE WATER IMPROVEMENTS 02/23/2010 ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 1 2" TYPE K COPPER TUBING 21 LF 32.00 672.00 2 6" PVC PIPE 184 LF 21.50 3,956.00 3 6" MJ DI EL 3 EA 375.00 1,125.00. 4 6" GATE VALVE W /BOX 2 EA 750.00 1,500.00 5 PATCH CONCRETE DRIVE. 1 LS 400.00 400.00 6 NEW 2" WATER SERVICE 1 EA 750.00 750.00 7 6" MJ CAP W/2" TAP 1 EA 500.00 500.00 8 TRAFFIC CONTROL DURING CONSTRUCTION 1 LS 350.00 350.00 9 REMOVE 4' SEGMENT OF 6" OR 2" AND PROVIDE 2" CAP 1 LS 600.00 600.00 10 2" TEE CUT IN 1 EA 500.00 500.00 11 PATCH WATERLINE CUTS WITH 4" CALICHE 1 LS 600.00 600.00 SUBTOTAL CONSTRUCTION 10,953.00 10% CONTINGENCIES 1.095.30 SURVEYING & ENGINEERING 5,755.00 TOTAL $ 17,803.30 WATER ACREAGE FEE CREDIT $608.12 TOTAL $17,195.18 50% REIMBURSEMENT $8,597.59 EXHIBIT 4 6 1-57i i CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME /-e x A S C('\O .L iM) , L -1- .0 - STREET: RAC` 1777 CITY: 4tAi05AS ALS 7)( ZIP: 788335 _ FIRM is: 1. Corporation e/ 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) �Jlik 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and withheld disclosure of any information requested; the City of Corpus Christi, Texas as changes occur D Certifying Person: / /AA) vis (Type or Print) Signature of Certifying Person: correct as of the date of this statement, that I have not knowingly and that supplemental statements will be promptly submitted to Title: /3teS Tk09-ECed)"4e(c) Date: ?live" /7,2d ! o DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form proprietorship, self-employed for s onon-profit company, venture, receivership otrrust nd entities which, person, of taxation, are treated as o gn atons. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest ". Legal or equitable interest, whether actually or constructively held, in a firm, including refers to when holding such control established through ghavotingt trusts,tprox eshordrspec alentity. erms of venture orl partnership agreements. f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. meunnor6f dmmn.cnr no, roc441G +tNTRR PSTS%O9STATEMENTI2L.DOC Page 1 of 2 AN ORDINANCE APPROPRIATING $8,597.59 FROM THE NO. 4030 DISTRIBUTION MAINS TRUST FUND TO REIMBURSE ALAN DAVIS FOR THE INSTALLATION OF 184 FEET OF 6 -INCH WATER DISTRIBUTION MAIN, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF CARROLL LANE PARK UNIT 2, BLOCK 8, LOT 4A, AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,597.59 is appropriated from the No. 4030 Distribution Mains Trust Fund to reimburse Alan Davis for the installation of 184 feet of 6 -inch water distribution main, including all related appurtenances for development of Carroll Lane Park Unit 2, Block 8, Lot 4A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: March le, 2010 Deborah Walther Assistant City Attorney For City Attorney Joe Adame Mayor H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3- 30- 10 \ORD- Approp- Carroll Lane Park - Distribution Mains.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3- 30- 10 \ORD- Approp- Carroll Lane Park - Distribution Mains.doc 11 CITY COUNCIL AGENDA MEMORANDUM March 30, 2010 AGENDA ITEM: Ordinance abandoning and vacating a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right -of -way, adjacent to the S. Staples Street public right -of -way; requiring the owner, Mr. Benito Barrera, to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose for the closure of the utility easement is to allow for the future construction and development of a new commercial structure over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. e aC tt. �,' tit % Juan Perales; Jr., P.E., Assistant City Manager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: 361- 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L:\PLN- DIR\special serv. \willie medina \city council agenda 2010\esmt- clo \Gardendale Unit 1.M AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of Mr. Benito Barrera ( "Owner "), is requesting the abandonment and vacation of a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D to eliminate a conflict with a proposed building site. The easement to be abandoned and vacated is located in a "B -1" Neighborhood Business District. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $6,192.00 for the abandonment and vacation of a 2,802- square foot portion of a 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: March 5, 2010 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: March 30, 2010 ORDINANCE CAPTION: Ordinance abandoning and vacating a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right -of -way, adjacent to the S. Staples Street public right -of -way; requiring the owner, Mr. Benito Barrera, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 47, Page 206, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That the Owner pay the fair market value of $6,192.00 for the abandonment and vacation of the total 2,802- square foot portion of the 10 -foot wide utility easement prior to closure going to City Council. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by Council and issuance of the .ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. REQU STED BY: zne c Juan Perales,,dr., Asst. City Manager Engineering and Development Services DATE: Approved: L:\PLN- DIR\special- serv. \willie medina\city council agenda 2010\esmt- clo \Gardendale Unit 1.ORD EXHIBIT B SITE MAP N.T.S. EXHIBIT C URBANDATE: JAN. 11 2010 SCALE 1" =50� ENGINEERING JOB NO.: 4166 8.00.00 2725 $ice CORPUS Pita RgAS 78 SHEET: 2 OF 2 (760854-X01 For (J61) 4-� J DRAWN BY: DL m ark -,, Be�o- Nummiiroso, • Janssen � -31, LEN a a E 9 '?°\‘' 1 Cordelia ' ✓ G� ill Mcardle P lit 7rixie ll c I o N c 0 � o v ¢ E = c o< o `le <. u Winston � t µ U. Vernon 90, 4.0 = r ■wu. � 01,0.7 ■� rid Saudi Belem Drive illiams 5 o ?l °0 a Tit 4 .. GO ._ milmiiii 0 3 -° drucewood 00 c 0_ a� o U W al m - =BM Curtis Clar • iet ; o' �`<o�- oo'. Aspenwoo o<ocsge�+ Beechwood c ° c ° Tanglewood G Bonner 'o° Erskine o °' ain z - m Haply - m d0�e e< Q o <µ Sit -- - P< P0< o c 0 E Lucinda Coin > -o c o .N a T Glen A Woodhaven bor � -1 - 1 1 o w c 0 ° , a 1- 1 1 1 , , 1 , ' >- U yv+ °° • iz`° Qo µ 1 t. 1 , i O /f m Bromley entworth a y £ w °o m 0 arylands Romford Crestwick Ca itan p Mea Wilde •ck Cry Burnham Fulwell o J Co- N_ 0 Olympia �� <e Lo innomon •a s sty �,: Meadow osta a o - Knotty yaks gook -d . 6 Lon G ` y 3 a Pad 5' i Land <µ Q° p _ _� Q I °s Yalta Su•ar Lost Creek u Sto lib. <� n Wnite arch Cotta! gc� o° o` g <`5�\ Wool •r1d e Saraze 1 p o 0- g = o L Y Beck o .0 o ` Copp Gr v <P`e G \mob o� co ��t <� u) Greenbrior I Riv F°= er woks dge ichau adle Th 1 Esplanade m o Durant B cno 's o EXHIBIT C URBANDATE: JAN. 11 2010 SCALE 1" =50� ENGINEERING JOB NO.: 4166 8.00.00 2725 $ice CORPUS Pita RgAS 78 SHEET: 2 OF 2 (760854-X01 For (J61) 4-� J DRAWN BY: DL O. wC � ®,o a. �a' �o w Q: ""1-5.0' U.E. Lot 5.0' U.E. 0 LOCATION MAP N.T.S. Lot D, Gardendale Gin Tract Volume 20, Page 73, M.R.N.C.T. U.E. Lot Lot C, Gardendale Gin Tract Volume 27, Page 35, Mop Records of Nueces County, Texas Lot E. Gardendale Gin Tract Volume 59, Page 166, Map Records of Nueces County, Texas Line 10.00,0641 Acres. 2802.00 Sq Goaure. S61'00 °40rE 280.20' 5.0' U.E. Point ofBegirnin - N29'00 °00 "E 10.00' 10• Utility Easement Closed by City Council Ordinoce No. 11820 Lot Line N61'00 °401'W 280.20° Lot 10D, Block 6 Gardendale No. 1 Volume 47, Page 206, Map Records of Nueces County, Texas Lot 11 —A, Block 6 Gardendale No. 1 Volume 49, Page 26, Map Records of Nueces County, Texas EXHIBIT C Map to Accompany FIELDNOTES for the closing of a 10.00 foot wide utility easement, out of Lot 10D, Block 6, Gardendale No. 1. a map of which is recorded in Volume 47, Page 206, Map Records of Nueces County, Texas. ri N 50.0' 00 ®® g3® ae- CNEI 50.0• 75 50 25 0 50 100 1'50' URBAN ENGINEERING 2725 SWIVEL CORM'S OHS7( IEXAS 78104 (361)854-J101 far. (X1)554 -6001 DATE: JAN. 111 2010 SCALE 1%,50 JOB NO.: 41668.00.00 SHEET: 1 OF 2 DRAWN BY: DI. Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,802- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF GARDENDALE UNIT 1, BLOCK 6, LOT 10D, LOCATED APPROXIMATELY 260 FEET NORTH OF THE CAIN DRIVE PUBLIC RIGHT -OF -WAY, ADJACENT TO THE S. STAPLES STREET PUBLIC RIGHT -OF -WAY; REQUIRING THE OWNER, MR. BENITO BARRERA, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. Benito Barrera (Owner), is requesting the abandonment and vacating of a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, which is located approximately 260 feet north of the Cain Drive public street right -of -way, adjacent to the S. Staples Street public right -of -way, in order to allow for the future development of a new commercial structure over the existing utility easement. The easement to be abandoned and vacated is located in a "B -1" Neighborhood Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 30, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right -of -way, adjacent to the S. Staples Street public right -of -way as recorded in Volume 47, Page 206 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of $ 6,192.00 for the abandonment and vacation of the total 2,802- square foot portion of the 10 -foot wide utility easement prior to closure going to City Council. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council epproval. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3- 30 -10\ Ord - abandon - vacate - utileasement- Gardendale Unit 1- Barrera.doc Page 2 of 3 3) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: March'& , nd 2010. eborah Waltham Bro Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3- 30 -10\ Ord - abandon - vacate- utileasement- Gardendale Unit 1- Barrera.doc Page 3 of 3 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3- 30 -10\ Ord - abandon- vacate•utileasement- Gardendale Unit 1- Barrera.doc L" SITE MAP N.T.S. EXHIBIT URBANDAIS: JAN. 11 2010 SCALE: 1.2250" JOB NO.: 41668.00.00 2725 SWIM* aaaVlr MISR roles Boa SHEET: 2 OF 2 (J81)854-3101 Far 61)4-6C01 DRAWN BY DL . Janssen a u o ��� o m Cordelia ark Yy' e • lipp 4411111167-e— voluir-o illo • o o . • O \..`901v. d o obalo l‘i, �o ill Mcordle Q.. 11- J 1 � o a E = al e t�a� Z. U p1 v 4.0 Winston ‘P- °t v Vernon P ' —�`1 �r��• South Padre Island Drive Ilioms o 3 Lea 7� a o it o� 6a v 0 07 ° drucewood o 3 c a Clore Curtis Clor c ° o w W I J NIMmi • let a 0 ••� • vegestaoR 1 Tonglewo•� G� e o� Bonner ib° P � P° Erskine o o c 0 E al J Lucindo 0 o v oin • 2 o m Fully 1 1 1 1 o m d °fie •eP C Site Cain •o _ . d 2 • • Glen A Woodh.ven �� bor � g° `� I • I 1 I 1 I age ��d9 w P° 1 O 1 I I 1 r. I I d �' I 1 c v n 0 g Z I 1 I 1 1 I c a Bromley entworth m a, : i u' v c o o o v i orylonds Romford Crestwick Copitan Meo Wilde •ck Burnhon, o v'_ Cre Fulwell m Olympia Ppd<e SL i land ��. Lo innomon •o s sty Meadow osto o o 0 a _.1 Knotty •rook o oks =d Lon G 3 , (� Po 0 —� �'o� o '•Yalton Su•ar Q Lost Creek G� ,_ ` o Cottoi• u Sto a o �^ I oca ,F Ite vv arsh • o o oo.ri 9e Beckord Y oraze ,nbrj°r River -� er Oaks o t a -c o Copp dge ichau odle �' o Durant :he Esplanade N N B 1 0 EXHIBIT URBANDAIS: JAN. 11 2010 SCALE: 1.2250" JOB NO.: 41668.00.00 2725 SWIM* aaaVlr MISR roles Boa SHEET: 2 OF 2 (J81)854-3101 Far 61)4-6C01 DRAWN BY DL 12 AGENDA MEMORANDUM AGENDA ITEM: March 23, 2010 Public Hearing and First Reading Ordinance - Amending the Corpus Christi Platting Ordinance by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; providing for severance; and providing for publication. The proposed amendment would seta maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. This capped system would result in all residential projects within the city being assessed more consistent land development fees and enhance opportunities for future development in areas with high land values. ISSUE: Recent discussions with various representatives from the real estate industry, developers, and City Council members have identified a concern over the potential park dedication requirements that can be assessed on new multi family projects constructed in areas with high land values. In the interest of supporting new development, staff has prepared short and long term recommendations to address the issue. The short term solution would provide for a cap of $62,500 per acre, on the value of the required acreage to be dedicated. This capped system is used by the City of San Antonio and would result in all residential projects within the city being assessed more consistent fee requirements. The recommended long term solution would include moving towards a flat per unit fee that is based on the city's goals for park development (Park Master Plan) and actual costs. Staff will develop a formula that accurately addresses the financial impact of a new housing unit on the park system. Staff will work towards the development of this fee and have a recommended amendment before council for consideration by the end of the calendar year. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the text amendment as presented. , 6, Juan P les, Jr., P.E. Assistan City Manager JohnnvP @cctexas.com 826 -3828 1t Attachments: Exhibit A Background Information Exhibit B Powerpoint presentation Exhibit C Platting Ordinance Amendment H:\PLN -DIR \SHARED \Project Manager Working Documents\Dan's All Projects\2010\Park Ord \CC docs■AgeMemo Park Ord 3.10.10 DM.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The current park dedication ordinance was initiated in late 2007, as part of the discussions related to the adoption of the Unified Development Code. Staff worked with the UDC Park committee to bring this section of the UDC forward to improve on the existing requirements for park dedication. Previous to this ordinance developers were required to dedicate five (5) percent of their land or pay a fee in lieu of, based on the value of that land. The current ordinance added a park development fee per unit and based the required land dedication (Community Enrichment Fund) on the number of residential units within the project. The city still maintained the option of requiring the land dedication or collecting a fee based on the market value of the required acreage. This fee in lieu of land is calculated using documentation on the most recent sales transaction for the property in question. Recent discussions with various representatives from the real estate industry, developers, and city council members have identified a concern over the potential park dedication requirements that can be assessed on new multi family projects constructed in areas with high land values. In the interest of supporting new development staff has prepared short and long term recommendations to address the issue. The short term solution would provide for a cap of $62,500 per acre on the value of the required acreage to be dedicated. This capped system is used by the City of San Antonio and would result in all residential projects within the city being assessed more consistent land development fees. This cap would set a limit on the maximum amount that could be assessed per acre during the platting process. This is especially important for projects developing in the downtown or Mustang and North Padre Island areas, where property values are the highest within the city. The recommended long term solution would include moving towards a flat per unit fee that is based on the city's goals for park development (Park Master Plan) and actual costs to get there. Staff will work towards developing a formula that accurately addresses the financial impact of a new housing unit on the park system. Assessment of this fee will involve evaluation of the current park master plan and recent park development costs associated with providing those community desired improvements. Staff is proposing to have this evaluation and a proposed recommendation back to council for consideration before the end of the calendar year. Staff has presented the proposed amendments to both the Park and Recreation Advisory Committee and Planning commission for comment. The Park and Recreation Advisory Committee recommended the following items be included with the short term amendments to the platting ordinance: implement a cap of $62,500 per Exhibit A. acre on the fair market value that can be assessed during the platting process, include language that will allow for the annual evaluation of this cap, and assess a $200 Park Development fee on all new residential units regardless of when the property was platted. The Park and Recreation Committee was also in favor of moving towards a flat per unit fee that would be based on actual impact to the park system for the long term solution. Exhibit A. L /1 0.) _ 1_ -(1.n C=1, -Th L.) "L7_, 1l) D 0 E N c 0 O C" c U N >,U 2 E 2 E 0 Th I L1 _L) 0 fl LL1 1) Lit =3 ll) LL Lu _ , L) -1 L1) 11 1 ))Lil ;�, Vii) L 1u C Lid Lll LL S( ill / ∎1) cv1 , t-LL �� L1, Lii j_.) -L 1. 1 a) L1) a) L.) ■.l Lii )--Z, Lll -I -�-1 l U 1L) L1) j. _� L1) 11 t,__, t,, a) Ll) a) H Li) -,, �, o ��1 L~ �'� ,_ L1) LL d) -1 C,� il.) d) 'f� Lit " 'i� l LL LL -, Lii Lii 1) �) n LL, ,,7_, - J. j Lit LL ,- .Th c ,_ Lti - �,� �� 1) LLB -, b �l) Lii Ll a) co t Projects: Location Cost per # of Required Fee in lieu of Park Total Park Fee broken acre Units Park Land Land of Development Fee down by unit Dedication Dedication Fee Downtown Waterfront: $1,089,000 200 1 acre $1,089,000 $40,000 $1,129,000 $5,645 (Multi) Mustang /Padre $410,560 200 1 acre $410,560 $40,000 $460,560 $2,303 Island (Multi) Saratoga/ Staples Area (Multi) $174,240 200 1 acre $174,240 $40,000 $214,240 $1,071 Southside Fringe (Single Family) $30,000 200 2 acres $60,000 $40,000 $100,000 $500 *Approximate land values based on recent: purchases /listings /appraisals.... Station with optional land units. Unit Neighborhood parks dedication based on # SF 102 units= 1 acre $1,646 Community parks of units. MF 125 units= 1 acre Single Family 20011,646= Unit Or applicant pays unit fee. $2,021 Total: $329,200 McAllen Per dwelling unit fee Land dedication $700 per unit 200* 7 = with optional land SF • MF • = 1 acre 50% of actual dedication based on # - pplicant pays unit fee. determined of units. value per unit. Dotal: $140X, 00 SF- Single Family Unit F -Multi Family Unit u u- u 45 N U 4 L1" L N 0 Jo co _0 L1) , _, c D -11 1 a ,,1) L L T) .5 N _�, a) a cii2 CD IE -, Ll ill 0 CO ill Cl: 1 _� L1) CO co `. 0 ,- -o O_ 1l1 _�, 11) L1) - �C 1 L y _j. -� L� y O 'EN I; 4:_-_-: , i '+r > U �c L1' ` 11 L4i) •� L) kl) -, Q , Cr `� 0 73 L1) L_ 11 L 1 1' L1� L1" (J) 0 t ._ t, �) pit - _, L1) , =1 — — 0 _�, _� -- , L 1 L1) 4U '-V) )--' -E _0 W C CO L1) _.; `, _,_, L ,t) L� ^' ~ ` L1" W _Ll -- . iii <. � �u L1) N 1 �� �i) �_) Zl a _ -0 Recent City land acquisitions on the Southside Date Use Acres Location Cost Per Acre 11 111 2009 Park 36.55 South Guth Park $675,000 $18,467 2009 ROW 0.31 Yorktown $72,862 $230,868 Average purchase price per acre on the Southside (2005 -2009) $64,297 N O 0 1• 1• N -EA O O O O O N O 1• N n -A O O O 0 0 ,-1 fA O O O a) L 0 a) a) 1 `L • X11 `, 1 L 111 1 ▪ L 1 1.1_, L1 Develop separate unit fees for neighborhood and community parks. A •) , -' -1 _ , C =, .'1 1 > - i1 0 LT) ' 1 LL "1 O O o_44 VI o U N (6 sum N O -0 O Q Ms (6 L U N O o_O 0 O - a) 609- W CI) -0 O� U }' c cI U L•- O .- o CT O� ■, T O ■ N pv o r/)"2 CD • }'O • -o NO CO •L Ln -C OCO m 61} A _›, Q . O U N >U`~ w U D Q co Q E co O E i s- al C) DOE U N O OQ U - N . _c c O� Nc 0 _a co fA O c -C 0 O U_c c U co 1 O Qco U W o_ N -2 i N_c o2 d "h - -, n LTh ill Cl) 0 LL, J) a) • O co -0 2 ca bk Develop separate unit fees for neighborhood and community parks. - tion Advisory Committee Park and Rec 0 Page 1 of 3 ORDINANCE AMENDING THE CORPUS CHRISTI PLATTING ORDINANCE BY REVISING SECTION IV.G.6.b), RELATING TO FEE IN LIEU OF PARK LAND DEDICATION; PROVIDING FOR SEVERENCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 17, 2010, during a meeting of the Planning Commission, and on Tuesday, March 23, 2010, 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 Corpus Christi Zoning Ordinance is amended by revising Section IV.G.6.b) to read as follows: "IV. G. 6. Fee in Lieu of Land. "IV. G. 6. b) The fee in lieu of land dedication requirement shall be met by a payment proportional to the amount of land required to be dedicated and using fair market value of the land at the time of construction start. The value shall be determined by "IV. G. 6. b) (1) The Director of Development Services shall determine the amount of the fee in lieu of land dedication, based on the following formula: "(A x V) = M "A = The amount of land required for dedication as determined in subsection (b) of this section. Platting Ord -- Park Fee -- 03122010.doc Page2of3 "V = The fair market value (per acre) of the property to be subdivided, as established by an approved method. "M = The number of dollars to be paid in lieu of dedication of land. "IV. G. 6. b) (2) For purposes of computing the fair market value of property, variable V in the equation in IV. G. 6. b) (1), the applicant may select one (1) of the following: "IV. G 6 b) (2) (a) The fair market value at the time of application of the undeveloped land as determined by a MAI certified real estate appraiser at the applicant's expense; or "IV. G. 6. b) (2) (b) The actual purchase price of the property as evidenced by the applicant's most recent purchase money contract or closing statement dated within two (2) years of the date of application. "IV. G. 6. b) (3) The fair market value, variable V, may not exceed sixty two thousand five hundred dollars ($62,500.00) per acre. The fair market value cap may be revised annually during the city's budget adoption process beginning with the adoption of the fiscal year 2012 budget. The fair market value cap may be adjusted based on an evaluation of property acquisition costs by the city and trends in local development activity." * SECTION 2. That the Corpus Christi Platting Ordinance, adopted by Ordinance No. 4168 on March 23, 1955, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. 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 hereof 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. Platting Ord -- Park Fee -- 03122010.doc Page 3 of 3 That the foregoing ordinate was re d for the first time and passed to its second reading on this the a23 day of f 2 • , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. _�_�d'_ Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 12th day of March, 2009: R. Ja ein' g Firs Assi ant City A orney For City Attorney Platting Ord -- Park Fee -- 03122010.doc 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/23/10 AGENDA ITEM: Public Hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. STAFF PRESENTER(S): Name Title /Position Department 1. Lisa Wargo Sr. Planner, Zoning Ord. Administrator 2. Juan Perales, Jr., PE ACM Engineering and Dev. Svcs. Depts. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None ISSUE: The drafted "Cottage Housing District" Ordinance proposes to amend the Corpus Christi Zoning Ordinance by adding a new Article 6C titled "Cottage Housing District ". The draft Ordinance includes new definitions and provides building and design standards to ensure that these developments are attractive and compatible with surrounding land uses, while promoting affordable homes for singles, couples, small families, single parents, retirees, and tourists on smaller lots that may have previously been excluded due to Zoning Ordinance setbacks, lot widths, and maximum density requirements. BACKGROUND: ❖ On December 9, 2009, the Planning Commission recommended approval of the proposed Ordinance and recommended amending Staff's draft to allow cottage development and rezoning to a Cottage Housing District within all districts, excluding the "1 -3" Heavy Industrial District, in addition to deletion of Section 6B -3(C). ❖ On December 15, 2009, Staff presented an information -only presentation to the City Council to familiarize the Council with the proposed Ordinance. • On January 6, 2010, Staff presented the ordinance and received comments from the Committee for Persons with Disabilities. • On January 7, 2009, Staff met with several members of the local building and development industry to discuss the ordinance and receive comments. • Public hearing before the Planning Commission on the updated ordinance language was held on February 17, 2010. The Commission tabled action on the item to the March 3, 2010 meeting to allow Staff to address discrepancies in the proposed ordinance language. PLANNING COMMISSION RECOMMENDATION: On March 3, 2010, the Planning Commission recommended approval of the proposed Zoning Ordinance text amendment to adopt the Cottage Housing District Ordinance as presented by Staff. REQUIRED COUNCIL ACTION: Public hearing and first reading of the proposed Cottage Housing District Ordinance, amending the Corpus Christi Zoning Ordinance by creating a new Article 6C, "Cottage Housing District "; including new definitions and allowing cottage housing as a permitted use in various districts; providing development standards and regulations; providing for increased density and low- impact development on smaller Tots within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. STAFF RECOMMENDATION: Staff recommends approval of the "Cottage Housing District" Ordinance, amending the Corpus Christi Zoning Ordinance by adding a new Article 6C, titled "Cottage Housing District ". \AtIeet,‘_ Juan Perales,;Jr., PE Assistant City Manager, Engineering and Development Services Departments Attachments: PowerPoint Presentation Ordinance ^ 4t 1m N j�iy C „ 'r22 I V N ,� pA PP • V � � v ^ V v-o .E1 0 N 4t (1) X10 ^ z 71 O V 4 N • O cn 0 V V cn V • V O 1' v'S O V 0 al cn N co 0 'a) E w au o ta 4� (1) b 4u t10 X10 �, . 1 ° N 0 Z 4-i V V .S' � Cl) .al "a = :44 4(12 v.° 4_, a) .- e ci) O V t10 i.) tu c.) z 4 4.) V -I—) "F E • z c)_, cL, ct . 4_, .� ti A V c.) .. 4� 7 4_, e-- 0-1 tu tu tu 4-i .. v N V v-o cL, z _� 4, a, 4 Z O tu • !- 4 r..) 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WHEREAS, The City's Comprehensive Plan supports development that provides for an increase in the variety of housing types available for smaller households and encourages creative and high quality infill development that fosters a sense of community; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2009, February 17, 2010 and March 3, 2010 during meetings of the Planning Commission, and on Tuesday, December 15, 2009 and March 23, 2010, during meetings 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's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility in density and lot standards and providing development standards to ensure compatibility with surrounding land uses; WHEREAS, The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character; WHEREAS, The City supports development that reduces reliance on the automobile for neighborhood travel and provides options for walking, bicycling, and direct and convenient access to schools, parks and neighborhood services; WHEREAS, The City supports development that helps infiltrate storm water, reduces storm water runoff, and thereby reduces the City's storm water burden and costs, and helps to protect the water quality of the City's bays and estuaries; WHEREAS, as part of the City's planning effort, Cottage Housing Development will advance the availability of affordable housing for all economic segments and encourage the creation of more usable open space that is shared and centralized for residents of the development, as is required under the Growth Management Act; Public Copy of Cottage Housing District Ordinance Page 2 of 35 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: SECTION 1. That the Corpus Christi Zoning Ordinance is amended by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District, to read as follows: * * * * * Section 4 -1 In order to regulate and restrict the location of trades, industries, and the location of buildings erected or altered for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit population density and the intensity of the use of lot areas and to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the City of Corpus Christi is hereby divided into districts, of which there shall be 2-7, 30 in number, known as: "B -2A" Barrier Island Business District "10" Island Overlay District "B -2" Bayfront Business District "R -TH" Townhouse Dwelling District "CH" Cottage Housing District "R -2" Multiple Dwelling District * * * SECTION 2. That the Corpus Christi Zoning Ordinance is amended by adding a new Article 6C Title "CH" Cottage Housing District' to read as follows: ARTICLE 6C. "CH" COTTAGE HOUSING DISTRICT REGULATIONS 6C -1 Purpose. 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 "CH" Cottage Housing District. The purpose of this district is to promote a traditional neighborhood development pattern on a scale which serves to maintain and enhance existing small -city character. Use of the Cottage Housing Development design standards contained in this section will: (A) Create a small community of cottages associated with a common open space that is pedestrian- oriented and minimizes the visibility of off - street parking; Public Copy of Cottage Housing District Ordinance Page 3 of 35 (B) Provide more affordable housing primarily for single person households, dual -owner households, retirees, small families, and their occasional guests; (C) Provide a housing development which would otherwise be precluded by contemporary lot size, setbacks, and parking requirements; (D) Allow higher residential density than is normally allowed in a single - family zoning district, through the use of smaller than average home and lot sizes, reduced setbacks, clustered parking, and more compact, and low impact site design; (E) Specify a maximum square footage of residences in Cottage Housing Developments in order to prevent overbuilding of the site and exceeding available off - street parking; (F) Encourage efficient use of land by concentrating earth work activities and preserving large sections of open space, and by fostering infill development over existing infrastructure; (G) Foster resource and energy conservation by allowing for the construction of homes with smaller environmental footprints; and (H) Fulfill the intent of the City's Comprehensive Plan policies by utilizing efficient land use development techniques to provide affordable housing and promote in -fill development, and provide opportunities for home ownership. 6C -2. Definitions. The following definitions are specific to this Article: 2.1 Cluster. A group of 5 to 12 cottages, with reduced setbacks between cottages, associated with a common open space. 2.2 Common Open Space. An area of green space improved for passive recreational use or gardening. Common open spaces are required to be owned and maintained commonly, as set forth through a homeowners' association. 2.3 Cottage or Cottage Unit. A single family detached dwelling unit that is part of a Cottage Housing Development. 2.4 Cottage Housing Development (CHD). One to 5 clusters of cottage units developed under a single development plan, or as part of another development plan. 2.5 First flush. The first 2 inches of runoff in any rain event. Public Copy of Cottage Housing District Ordinance Page 4 of 35 2.6 Footprint. The gross floor area of a structure's ground -level story, excluding any garage, provided that the garage is not converted to, or utilized as dwelling space. 2.7 Impervious Cover. Ground cover that provides storm water flows fairly directly and quickly, with little or no ground infiltration, to adjacent areas onsite. 2.8 Master Planned Community. A community developed through the submittal of a land -use plan focused on one or more sites within an area that identifies site access and general improvements and is intended to guide growth and development over an extended time period, or in several phases. 2.9 Open Porch. A roofed structure, open at front and sides and unscreened, projecting from the face of a building and used to protect an entrance. 2.10 Planned Unit Development (PUD). "Planned Unit Development" means: (A) An area of land controlled by a landowner, or landowners acting in concert, to be developed as a single entity, the plan for which does not correspond directly to the regulations in any one zoning district established by other articles of this ordinance; (B) To be developed in one continuous ascertainable phase, or in a definitely programmed and calendared series of development operations; (C) Embracing principal and accessory structures and uses substantially related to the character of the established zoning district or districts in PUD -1, and, to the character and purpose of the development, as to both PUD -1 and PUD -2, see Section 28 -3(1) and (J) for definitions of PUD -1 and PUD -2 respectively; (D) A development to be made, after approval of the provided plan, indicating streets, utilities, lots and building sites, and related items, and site plans, and detailed plot plans for other uses and improvements on the land as related to the buildings; (E) A development prescribing for the provision, operation and maintenance of such areas, buildings, structures, improvements, facilities and services as will be for use in commonalty by some or all of the occupants, tenants and for owners within the PUD, either at general expense to the developer, his successors or assigns, or by assessments to an owners' and /or tenants' association or both methods. A planned unit development may include, but does not require, individual ownership of units, structures, or property. Common areas, however, which relate to and serve the individual occupants, are mandatory; and Public Copy of Cottage Housing District Ordinance Page 5 of 35 (F) A development wherein drainage both away from the site and on site and all utilities, streets and drainage facilities to be dedicated to the City meet standards equal in function and quality to those set forth in the Platting Ordinance. 2.11 Private Open Space. Individual private lot area on a cottage unit lot made available for private use by a cottage owner and includes the square footage of the required open front porch. 6C -3. District Allowances. (A) Cottage Housing Development is a permitted use in the following zoning districts: R -TH, R -2, A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2A, B2, BD and B4 zoning districts. (B) Commercial use of cottage units for commercial leasing purposes must comply with the International Building Codes (IBC) and the City's Fire Department Codes and is only permitted in the "AT" and "B -2A" zoning districts. 6C -4 Development Characteristics. A Cottage Housing Development consists of detached single family cottage units in a cluster, associated with a central shared open space, and must have the following characteristics: (A) Construction Characteristics. Each cottage unit must have the construction characteristics of a detached single family dwelling. (B) Platted Lot. Each cottage unit must be located on a platted lot. (C) Home Owner's Association. Each Cottage Housing Development must have a Home Owner's Association for the ownership and management of common facilities, common drives, common alleys, common open space, and common parking areas. Shared use of a common facility, such as a community center, will be considered an accessory use. (1) Home Owner's Association covenants, conditions, and restrictions will be automatically renewable at the end of the established term unless 51% of the members agree to dissolve the association and the dissolution of the association is approved by the City. (2) If a cottage unit is leased for more than 30 days, the terms of the lease must be shown within the deed restrictions, and are enforceable through the Home Owner's Association. Public Copy of Cottage Housing District Ordinance (3) Page 6 of 35 Cottage units rented or leased for less than a 30 -day period will be considered a commercial use and therefore must comply with the provisions of 6C -3(B). (4) Proposed deed restrictions must be submitted with the plat and must state that individually platted Tots and common open spaces, within the Cottage Housing Development, will not be further divided into smaller tracts. The deed restrictions must be noted on the plat and recorded, and are enforceable through the Home Owner's Association. (D) Infrastructure. Cottage Housing Developments are only permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan providing for adequate infrastructure through phased development. (1) The Developer must provide evidence that sufficient and adequate infrastructure facilities and capacity exist to sustain the higher densities of a proposed Cottage Housing Development. (2) If adequate infrastructure and capacity does not exist on the proposed development site, the developer must provide a plan of action indicating what services will be provided to meet the densities of the development. 6C -5. Density, Minimum Lot Areas and Widths. (A) The Cottage Housing Development allows for smaller lot areas and increased densities from 5 to 12 cottage units per acre. However, if the methods and techniques listed at 6C -6(C) are implemented, an increase in density over 12 units may be permitted by the Development Services Department Assistant City Manager (ACM) or his designee. (B) A Cottage Housing Development requires a minimum of '/2 acre of land. (C) A Cottage Housing Development is composed of clusters of cottage units with: (1) Minimum cottage units per cluster: 5 (2) Maximum cottage units per cluster: 12 (See Section 6C- 5(A)). (3) Maximum clusters per Cottage Housing Development: 5 (4) A single cluster Cottage Housing Development must have a minimum of 5 cottage units onsite. Public Copy of Cottage Housing District Ordinance Page 7 of 35 (5) Examples of cottage site layouts are included as Figures 1, 2, and 3 below. Fig. 1. One Cluster Layout. Fig. 2. Multiple Cluster Layout. Fig. 3. Beach Cluster Layout. (D) Cottage Housing Development Size. (1) A Cottage Housing Development may not exceed 5 acres in total site area. (2) A Cottage Housing Development may exceed 5 acres in size if it is part of an approved Master Plan Community designed and developed according to the design and development standards under this Article. Public copy of Cottage Housing District Ordinance Page 8 of 35 (3) Cottage Housing Developments must be separated by a distance of at least 500 feet. (4) The minimum street frontage width of an entire Cottage Housing Development is 50 feet. (5) An individual platted interior cottage lot must have a minimum front lot width of 25 feet. (6) The front building line around the circular portion of a cul -de- sac or the circular portion of a knuckle where a street makes a turn may be no Tess than 15 feet. 6C- 6. Impervious Cover Allowance. (A) Cottage Lot. The maximum impervious cover allowance for the footprint of an individually platted cottage unit lot may not exceed 75% of the cottage unit lot area. (B) Entire Cottage Housing Development. The maximum impervious cover allowance for the footprint of an entire Cottage Housing Development site is 65 %. (C) Increasing Impervious Cover Allowance. Use of low- impact storm water and pervious surface techniques into the design of a Cottage Housing Development in the manner discussed below, will not count towards the 65% maximum impervious cover allowance on a site, therefore the total allowable maximum impervious cover allowance of the entire Cottage Housing Development may be increased. An increase in impervious cover allowance may be gained through the following methods: (1) Where practices, as noted in the City's Best Management Practices (BMP) Manual, are used to capture, retain, and infiltrate storm water on -site, and it can be shown through engineering analysis to be capable of retaining the first 2 inches of the 2, 10, and 25 year design storms from a portion of the site, the impervious fraction of the site that is served by these BMP's may be deducted from the total impervious cover on the site. (2) If porous paving technology, including pervious concrete and pavers, are properly installed, maintained, and incorporated into the design of the project for the driveways, parking areas, sidewalks, or paths, these areas will be considered 100% pervious and will not count against any total allowable impervious percentage on site, nor will they be considered impervious in determining the hydrologic runoff of that portion of the property. Public Copy of Cottage Housing District Ordinance (3) Page 9 of 35 The rooftop portion or side area used for calculating the total site imperviousness can be reduced where a portion or side of the rooftop rainwater runoff is collected by gutters or other conveyances and directed into a rain barrel, vegetated swale, underground storage container, rain garden, or other infiltration - based or retention -based systems, designed and sized in accordance with, and acceptable under, the BMP Manual. (4) Storm water retention ponds are not considered an acceptable BMP unless they include a vegetated littoral shelf or other vegetated component intended to provide water quality treatment. (5) Construction plans detailing the construction of the vegetated rain garden, swale, retention or detention pond component, including target side slopes, depths, retention time, proposed plant species, and a long -term maintenance plan must be pre - approved by the Development Services Department ACM or his designee. 6C -7 Required Open Space. (A) Common Open Space. Each cluster of cottage units must have commonly owned open space, owned by all the members of the Cottage Housing Development, to provide a sense of openness and community for residents. (1) The common open space must be adequately sized and located with at least 75% of individual cottage unit entrances oriented towards the open space, or towards a walkway leading to the open space. (2) A minimum of 400 square feet of landscaped common open space per cottage unit is required for the exclusive use of the cottage unit residents. Common open space provided and dedicated to the Cottage Housing Development will be accepted in lieu of the Community Enrichment Fund fee, see Platting Ordinance, required for development projects, provided that the minimum 400 square feet per cottage unit of common open space is provided within the development. (4) Required common open space may be divided into no more than two separate areas per cluster, with each piece counting toward the requirement measuring a minimum of 20 feet on at least one side. (3) Public Copy of Cottage Housing District Ordinance (5) Page 10 of 35 The common open space area must be improved for passive recreation or gardening and incorporate seating areas or gathering places, such as gazebos, game tables, or small covered picnic pavilion areas. (6) Common open space must be bordered on at least two sides by cottage units. (7) All of the cottage units in a cluster must be within 100 feet walking distance of the common open space. (8) Parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways do not qualify as common open space. (9) Sidewalks and paths must comply with Chapter 1101.2 of the City's Building Code and the Texas Accessibility Standards where required. (10) Cottage units and parking areas must be located so as to preserve as much contiguous and permanently undeveloped open space and natural vegetation as possible in order to maximize filtration and infiltration of storm water. (11) Interior common sidewalks and paths located within 75 feet of the main common open space area may be counted towards up to 50% of the common open space requirement onsite, provided that the walkway areas are landscaped according to Section 6C -20, and lighted in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". (12) Common open space area, except for wetlands, must be at least 75% vegetated (as opposed to gravel, swimming pools, or other pervious ground cover or structures), and landscaped with water -wise and drought tolerant plant species approved and consistent with the City's Landscaping Ordinance plant list found at Appendix A, Article 27 -B, Landscape Requirements. (13) A community building adjacent to or within the common open space area will not require a pitched roof if a community green roof garden or roof -top deck is incorporated into the design of the building. (14) Ten percent of the total common open space square footage requirement may be used towards the construction of a community building, community swimming pool, or other recreational feature onsite. Public Copy of Cottage Housing District Ordinance Page 11 of 35 (B) Wetlands as Open Space. (1) If wetlands, as delineated by the United States Army Corp of Engineers (USACE) or a certified wetlands delineator, are protected by buffering, silt fencing, or other USACE practices both during construction and from the impacts of future adjacent land use activities, and utilized within the design of the Cottage Housing Development property boundaries, the onsite wetlands may be counted for up to 50% of the common open space requirements. (2) Non - jurisdictional wetlands, i.e. those for which impacts would not require a USACE permitting process, may be counted in a 2:1 ratio (i.e. two acres of open space credit for every one acre of wetland preserved) up to 50% of the total open space requirement if incorporated into the design of the Cottage Housing Development property boundaries. Preservation of jurisdictional wetlands (those for which impacts would require USAGE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement if incorporated into the design of the Cottage Housing Development property boundaries. (3) (C) Private Open Space. (1) Each cottage unit lot must have a minimum of 200 square feet of private open space per unit, including the required front porch. (2) The private open space must be contiguous to each cottage unit, and may not have a dimension of less than 4 feet on any one side adjacent to each cottage unit. The private open space may be separated from the common open space with a small hedge, picket fence, split rail fence, or other similar visual separation to create a sense of separate ownership. (4) Fences constructed in private open space areas are subject to the requirements of Section 6C -18. (3) 6C -8. Ownership and Residential Use of Cottages. (A) Cottage units within a Cottage Housing Development are for residential use only, and must be held in fee simple ownership, and cannot be used for business, industrial uses or commercial uses unless established as outlined under Section 6C -3(B). Public Cony of Cottage Housing District Ordinance Page 12 of 35 (B) Community buildings, common parking areas, common drives, common alleys and common open space must be owned and maintained in common by the Cottage Housing Development residents, through a Home Owners' Association and may not be dedicated to the municipality. 6C -9. Architectural Design Standards. Typical cottage units have a medium pitch hip or gable roofs; double -hung, vertical windows, symmetrically arranged; wide horizontal or vertical siding; front porches across all or most of the front elevation with post and balustrade; with or without exterior steps, and fences. (Examples of cottage exterior and interior architectural designs can be viewed under Appendices A and B.) (A) Design Requirements. (1) For every 4 cottage units within a cluster, at least 2 basic floor plans and at least 2 elevations must be provided. (2) A floor plan may be reversed or flipped and submitted as a separate floor plan once within a cluster. Manufactured, pre- fabricated, and modular homes are not permitted within a Cottage Housing Development. (4) The front of a cottage unit must have one or more transparent windows totaling at least 8 square feet, and a door, the color of which must adhere to the submitted color palette for the Cottage Housing Development. See 6C- 9(H)(1) for color palette information. Windows located on the side of a cottage unit must be located to avoid a direct view into a neighboring cottage unit, or a window pane design must be implemented that screens or masques the view from adjacent cottages units. (B) Street Facing Facade Design Standards and Orientation. Street facing facades of cottage units in a Cottage Housing Development must contribute to the neighborhood by including the following design details: windows, changes in materials, and views of front doors or porches. (1) Each cottage unit abutting a public street, not including private alleys or private drives, must have a secondary covered entrance, porch, bay window or other architectural enhancement oriented to the public street to avoid a blank wall. (2) Each cottage unit must include windows and /or doors that comprise at least 25% of any street - facing facade. (3) (5) Public Copy of Cottage Housing District Ordinance Page 13 of 35 (C) Height. (1) The maximum building height of all buildings in a Cottage Housing Development is 28 feet at the ridge, excluding chimneys or cupolas. (2) The maximum height of a proposed Cottage Housing Development structure located within a flood zone may be increased, to measure no more than 28 feet above the point designated as one foot above the Base Flood Elevation (BFE), provided that the total maximum height of the structure measured from the grade does not exceed 35 feet, except as provided under Section 6C- 9(C)(3) below. Dwelling units within a Cottage Housing Development proposed in an "AT" or "B -2A" may not exceed 28 feet above the point designated as one foot above the BFE. (3) (D) Exterior Trim. (1) Cottage Housing Development structures may not be void of exterior trim elements on front and rear elevations. (2) Window and door trim with a minimum width of 3 inches must be provided on all Cottage Housing Development structures. (E) Roof and Eave Design. (1) Roofs on Cottage Housing Development structures must have eaves that shed rain, and provide rain protection for exterior walls. (2) All Cottage Housing Development structures must have pitched roofs, excluding common buildings when roof -top decks are incorporated. (3) Eaves of at least 12 inches must be provided on all cottage structures on at least 2 sides of each building. (4) Where buildings are not square in that one set of exterior parallel walls are longer than the other, the eaves must be provided on the parallel walls that are the longest. (F) Exterior Siding. Cottage unit siding must be a minimum of 6 inches in width, and may be either horizontal or vertical plank siding, constructed of wood, Hardyplank, or vinyl, provided that the Cottage Housing Development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. Public Copy of Cottage Housing District Ordinance Page 14 of 35 (G) Alternate Architectural Styles. Alternate Architectural Styles will be considered as follows: (1) Proposed alternate architectural design style for a Cottage Housing Development must be consistent and compatible with the materials, appearance, concept, and the remaining standards of this ordinance. (2) Documentation depicting and describing the proposed architectural style and proof of consistency with the remaining standards of this ordinance must be submitted to the Development Services Department ACM or his designee to determine consistency with the remaining ordinance requirements. Proposed alternate architectural styles must be incorporated into the deed restrictions of the individual cottage unit Tots. (3) (H) Colors. (1) The Developer must include in the deed restrictions a cottage exterior, door and trim color palette showing which colors will be used within the Cottage Housing Development. (2) Exterior colors chosen for cottage units and accessory buildings must adhere to the color palette. Different color schemes must be used for the individual cottage units and accessory buildings on each Cottage Housing Development project site. (3) 6C -10. Floor Area. (A) Cottage Unit Minimum Total Square Foot Area. The minimum total square foot area for a cottage unit is 800 square feet. (B) Cottage Floor Area Requirements. (1) A minimum of 75% of the total number of cottage units may not exceed 1,200 square feet, not including interior spaces with less than 6 feet of overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and 6 feet in width, attached unenclosed porches, and breezeways. (2) Twenty -five percent of the total number of cottage units may exceed 1,200 square feet but may not exceed 1,400 square feet, not including interior spaces with less than 6 feet of Public Copy of Cottage Housing District Ordinance Page 15 of 35 overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and 6 feet in width, attached unenclosed porches, and breezeways. (C) No Increase in Original Square Footage. The total square foot area of a cottage unit may not be increased from the original square footage. (D) Second Story. For any cottage unit, the floor area square footage of a second story must be no greater than 60% of the first story floor area. (E) Garage or Carport. The square footage of an attached or detached garage or carport will not be included in the livable square footage space calculations of the cottage unit, provided that the garage area is not air - conditioned or utilized as a dwelling unit, see Section 6C- 17(G). 6C -11. Setbacks and Yards. (A) There must be a minimum interior cottage unit separation of 8 feet between each cottage unit and all building walls onsite. (B) There must be a minimum separation between adjacent eaves of 6 feet. (C) Projections may extend into the required separation for the following: (1) Eaves may not exceed 12 inches. (2) Minor appurtenances such as pipes, gas and electrical meters, alarm systems, air vents, and downspouts. Architectural projections such as bay windows, and fireplaces, up to 12 inches. (D) Front and rear yard setbacks for individual cottage unit lots may not exceed 30 feet combined, and may not be less than 5 feet for either yard. (3) Public Copy of Cottage Housing District Ordinance Page 16 of 35 (E) Zero lot line development in a Cottage Housing Development is permitted. The cottage unit or a portion thereof must be placed on one interior property line with a zero setback and the cottage unit setback on the other interior side property line must be a minimum of 8 feet excluding the connecting elements such as fences, walls, and trellises. The easement must be explained in detail on the plat. (F) Buildings must not be located within 10 feet from the front property line along any public street. 6C -12 Porches. (A) All cottage units in a Cottage Housing Development must have a covered main entry porch. (B) The covered main entry porch must be oriented toward the common open space or a walkway that connects the cottage unit to the common open space. (C) The covered main entry porch must be at least 70 square feet in area with a minimum dimension of 7 feet in any direction (length or width) on any side. (D) Front porches may not be enclosed in any manner, including screening. 6C -13. Walkways. (A) The developer of a Cottage Housing Development is required to construct sidewalks along all public streets. (B) A system of interior paths, walkways or sidewalks must connect each cottage unit to the common area, to the parking area, and to the sidewalks abutting any public streets that border the Cottage Housing Development. (C) Each interior path, walkway, or sidewalk, must be buffered by 5 additional feet of vegetated space on each side, with a minimum separation of 14 feet between two facing cottage porches along a path or walkway, (Figure 4). Public Copy of Cottage Housing District Ordinance Figure 4. 4 Foot Path __5 Feet 5 Feet 14 Foot Minimum Separation Between. Facing Porches Page 17 of 35 (D) All sidewalks along public streets, as well as all interior paths, must comply with Chapter 1101.2 of the City's Building Code and the Texas Accessibility Standards, when required. 6C -14. Heating and Cooling Equipment Noise and Screening. (A) Heating and cooling equipment must be located behind the primary structure or be screened from view by fencing or landscape hedging, which may not exceed the height of the cooling unit. (B) Fence screening for heating and cooling units must be consistent with the requirements of Section 6C -18. 6C -15. Driveways. (A) Driveway Design. Incorporating pervious surface construction materials in the design of driveways and parking areas in a Cottage Housing Development will not count towards the 65% maximum impervious surface coverage allowance on a site. (1) Private Driveways. (a) The maximum driveway width on a platted cottage unit lot is 10 feet for individual cottage unit lots with a single car garage, and 18 feet for cottage unit lots with two -car garages. (b) Access to private driveways on a cottage unit lot must be made via a private alley or private drive. (c) Tandem parking is permitted in the rear yard of a platted cottage unit lot, provided that the minimum length of the Public Copy of Cottage Housing District Ordinance Page 18 of 35 driveway is 25 feet, or 15 feet if the driveway serves a private garage on the cottage unit lot. (d) Where tandem parking is utilized, no vehicle may obstruct, overhang, or be located in a private or public alley, right -of -way, pedestrian path, walkway, or sidewalk. (2) Common Drives and Driveways. (a) The minimum common driveway access width within all Cottage Housing Developments must be at least 20 feet wide. (b) All other driveway dimensions for the project must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. 6C -16. Parking Standards. (A) Provided Parking. Parking within all Cottage Housing Developments may be provided by private garages located on each individually platted cottage unit lot, through clustered parking (preferably covered), or a combination of both to meet the minimum parking requirements of the development, and must be provided as follows: (1) Parking for the Cottage Housing Development must be located on the Cottage Housing Development property. (2) Off- street common parking must be located and designed to be less visible from frontage streets than the cottage units themselves. Off - Street common and private parking and garages must be set back a minimum of 20 feet from public street frontage (3) Figure 5. �g spaces I FOO r s ems I Public Copy of Cottage Housing District Ordinance Page 19 of 35 (4) Off - street common parking must be clustered either off of an alley or a private driveway with not more than 5 abutting spaces. (5) Common parking lots and garages may not be located between the Cottage Housing Development and the primary street frontage. (6) Parking may be in or under a structure, or outside a structure, provided that parking is screened from direct street view by garage doors, or by solid landscaped screening (Figure 6). Figure 6. Required Vehicular /Parking Area Screening. (9) Solid- surfaced fencing for vehicular and garage screening is not permitted as an architectural .screen unless approved under the fence standards of Section 6C -18. Off - street common parking Tots designed so that "first flush" is captured and infiltrated on -site using low impact development techniques will not count towards the 65% maximum impervious surface coverage allowance on a site. Such techniques include directing flow to a pervious concrete or gravel section of the lot, an adjacent vegetated area, vegetated swale, underground storage container, rain garden, or other infiltration -based or retention -based technique designed and sized in accordance with, and acceptable under the City's BMP Manual. Off- street common parking outside a structure (i.e. unenclosed carport or open parking) may not be located between cottage units to ensure homeowner privacy. If, however, the parking is in an enclosed structure, it may be located between a community center and a cottage unit, or 2 cottage units. Public Copy of Cottage Housing District Ordinance Page 20 of 35 (10) Parking is not permitted in any front yard, or in any front street yard setback along a public street. (B) Required Number of Parking Spaces. Vehicle parking is required on the Cottage Housing Development site as follows: (1) An average of 1.25 parking spaces per unit is required, rounded up to the next whole number, for dwellings that do not exceed 1,000 square feet and are part of a site located within 1,500 feet of a transit stop. (2) One and a half parking spaces per unit is required, rounded up to the next whole number, for dwellings that are at least 1,000 square feet and up to 1,400 square feet, and are part of a site located within 1,500 feet of a transit stop. (3) A minimum of 2 parking spaces per unit is required for dwellings that do not meet the basic criteria of Section 6C- 16(B)(1) and (2) above. (4) In all cases, a maximum of 2 spaces per unit is permitted. (5) Guest parking must be located on site and /or along improved street frontage adjacent to the subject property to equal 0.5 guest parking spaces per cottage dwelling unit. (6) Guest parking may be clustered with resident parking; however, the spaces must include clear signage identifying them as reserved for visitors. If on- street public parking is available adjacent to the site, the number of available guest parking spaces required under this section may be reduced by the number of public on- street parking spaces available. (7) 6C -17. Garages. (A) Private single and 2 car attached and detached garages are permitted on individually platted cottage unit lots, provided that each private garage: (1) Must be served by a private alley or private driveway; (2) Must be located behind the principal structure; (3) May not exceed 49% of the total cottage unit square footage on an individual lot; Public Copy of Cottage Housing District Ordinance Page21 of35 (4) Must be included in the total 75% maximum allowable impervious coverage on the cottage unit lot; May not be located in a street side lot line (i.e. between a public street and a cottage unit); and (5) (6) May not be located any closer than 3 feet from a common private drive or alley. (B) Private garages on individual cottage Tots may be connected by an open breezeway, provided that the garage is located in a rear yard. (C) Common garage structures are prohibited within 20 feet of a public street. (D) The design of privately owned or common garage or carport, including roof lines, must be similar to, and compatible with, that of the cottage units within the Cottage Housing Development, and the color scheme must adhere to the submitted color palette for the Cottage Housing Development. (E) A pitched roof design must be provided for all private garages on an individual cottage unit lot. (F) Garage door designs within the "AT" and "B -2A" zoning districts must incorporate a surface compatible with the design of the cottage units. (G) Garages may not be constructed or converted to a guest house, residential living space, or commercial or home business use. 6C -18. Fences. (A) Interior front and side yard fencing. All fencing on individual cottage unit Tots located in any front or side yard forward of the back wall of the cottage facade, may not be more than 48 inches in height. (1) Front fencing must be picket, split rail, iron, or any decorative fencing design outlined under Section 6C- 18(B)(2) below. (2) Wire and chain -link fencing and walls constructed across the front of the Cottage Housing Development site or in front of individual cottage unit lots are prohibited, with the exception of low stone walls no higher than 3 feet, if a part of the developers design scheme for the project. Public Copy of Cottage Housing District Ordinance Page 22 of 35 (B) Rear yard fencing. Provided that fencing is not constructed any closer to the front of a cottage unit lot than the rear facade or back wall of the cottage unit, fencing may be constructed along the side and rear side yard property line of a cottage unit lot as follows: (1) The height of the fencing constructed along a rear or rear -side property line may not exceed 6 feet in height. (2) Fencing in a Cottage Housing Development in the rear or rear - side yard may be: (a) Solid vinyl picket design fencing, or a non - solid, alternating picket -style wood, or vinyl picket fencing, provided it is not in conflict with the Island Overlay District and the requirements of Zoning Code Section 13A- 11.03(A) for vinyl material usage; or (b) Solid wood picket design fencing; or (c) Natural split rail fencing. (C) Fencing may not be placed in a right -of -way. (D) Fencing is prohibited in rear or rear -side yards of cottage unit lots if it is determined that fire vehicular or equipment access requirements preclude the construction of fencing due to obstruction of the required access. (E) Fencing may not be located within, or obscure the visibility triangle of, any driveway or right -of -way within the Cottage Housing Development. (F) When a Cottage Housing Development is located adjacent to a developed lot, a screening fence up to 6 feet in height must be provided along property lines as a visual buffer, and constructed in accordance with Section 6C- 18(B)(2) above. (G) Fencing is not required when the Cottage Housing Development is located adjacent to Tots that have been developed for single - family and multiple - family residential uses. (H) Fencing is required when the Cottage Housing Development is located adjacent to oil and gas wells or telecommunication facilities or structures. (I) Fencing as a visual buffer between Cottage Housing Developments and adjacent undeveloped, vacant lots is not required. Public Copy of Cottage Housing District Ordinance Page 23 of 35 6C -19. Accessory Uses and Structures. (A) Accessory dwelling units are not permitted within a Cottage Housing Development. (B) With the exception of community buildings, private garages, or storage structures provided by the developer under Section 6C -19(C) below, accessory structures are not permitted on individual cottage unit lots. (C) If a private garage is not provided on an individual cottage unit lot, the developer of a Cottage Housing Development must provide a storage structure on each of the cottage unit lots where a garage is not present, for the storage of tools, and other personal items belonging to the cottage unit owner. (1) The size of the storage structure must be included in, and may not exceed, the 75% maximum impervious lot area allowance for each cottage unit lot as determined under Section 6C -6. (2) The dimensions of a storage unit on a cottage unit lot may not exceed 25 square feet, and must be designed to be compatible with design and color palette of the cottage unit onsite. Storage units may also be incorporated into a cottage unit, common garage, or community center design onsite, and must be constructed of wood or Hardyplank, unless the storage units are constructed inside a common garage or community building. (3) (D) An elevated deck up to 3 feet in height is permitted within the rear yard of a private cottage lot and in the common open space areas, and is not required to be included in the 75% maximum impervious lot area allowance for each cottage unit lot. 6C -20 Landscaping Requirements. (A) Landscaping. Cottage Housing Developments must be designed to incorporate existing trees and palms to the greatest extent possible. New trees and plants must be planted to meet the landscape material requirements of the City's Landscaping Code point requirements, and must be located: (1) To create amenities in the common open space and private open space; (2) To provide shade where appropriate; (3) To create separation between buildings when desired; and Public Copy of Cottage Housing District Ordinance Page 24 of 35 (4) To screen and soften the perimeter of parking areas and street facing sides of Cottage Housing Developments. (B) Landscape Plan Design Requirements. When landscaping is required in accordance with the City's Landscaping Ordinance, Article 27B, the required landscaping plan must be submitted concurrently with the site plan and, in addition to the requirements listed under Section 27B -11, must detail, illustrate, and show, the following: (1) Required use of native plant species and xeriscape (drought tolerant) landscaping; and (2) Plants with similar watering needs grouped together by watering zones shown on the landscape plan, with plants having higher watering requirements located in the shade, or located next to or in close proximity to the outflow route of alternative sources of water, such as downspouts, rain barrels, or other rainwater catch systems; and Landscaping for the entire development, if a Cottage Housing Development is within the "AT" and /or "B -2A" Districts, and that it meets the standards for new development under Section 27B- 3.01(B) of the City's Landscaping Ordinance, when the Cottage Housing Development is proposed for commercial/ tourist and single - family residential uses. (C) Irrigation. When irrigation is required in accordance with the City's Landscaping Ordinance, Cottage Housing Development underground irrigation systems must: (1) Be designed with rain sensor shut -off device and a water controller that can be programmed for varying run times in different zones, and are programmable for varying days for irrigation; (2) Include irrigation construction plans with a "water use budget ", that is available to the Home Owner's Association and outlines the watering zones, the precipitation rates for the plants in each zone, the gallons per minute required for each zone, and the location of the emergency shut -off valve; and Meet the requirements of the City's Plumbing Codes. (3) (3) Public Copy of Cottage Housing District Ordinance Page 25 of 35 6C -21. Additional Requirements and Standards. (A) Emergency Access. (1) If common drives within a Cottage Housing Development are not designed to provide an "in and out" through -way, and instead create dead -ends, and the common drive exceeds 150 feet in length, an emergency vehicle turnaround area must be provided. (2) All common drives proposed for use by emergency vehicles within the Cottage Housing Development must be at least 20 feet in width. (3) All cottage units within a Cottage Housing Development must be designed and situated onsite to meet the "hose -lay length" requirements of the City's Fire Department Codes. (B) Off - Street Loading Requirements. There are no off- street loading requirements in a Cottage Housing Development. (C) Trash. Trash receptacles for a Cottage Housing Development must be provided. Trash receptacles may be either an individual container for each cottage unit or a communal trash receptacle system . (1) All communal trash receptacles on -site must be screened from public view by a painted solid or alternating plank/picket fence or vinyl picket fence, with double door fronts. (2) All trash collection receptacles must be made accessible by trash collecting vehicles. Public Copy of Cottage Housing District Ordinance (Figure 7). Paths & sidewalks connect parking to each unit & each unit to the common open space. 20 Ft. Min. ALLEY Clustered Parking off alley, preferrably covered common garages, no more than 5 consecutive spaces in a row. Min. 20 Foot Clearance Sq. Ft. Page 26 of 35 Sidewalk Req. 25% of units maybe 1400 sq. ft. or less cottage w:arage Foot Min. %Building Separation Sq. Ft. cottage r.1 w.!garage Sq. Ft. cottage wigarage 1200 Sq. Ft. 1000 Sq. Ft. Sq. Ft. Public copy of Cottage Housing District Ordinance 14 Ft. Min. Spacing between facing porches 75% of units must be 1200 sq. ft. or less. Page 27 of 35 endix A. Exam.Ies of Established Cotta • e Housin • Develo • ment Exteriors. (Courtesy of Ross Chapin Architects and The Cottage Company /www.cottagecompanv.com) Public copy of Cottage Housing District Ordinance Page 28 of 35 Appendix B. Examples of Established Cottage Housing Development Interiors. (Courtesy. of Ross Chapin Architects and The Cottage Company /www.cottapecompany.com) Public copy of Cottage Housing District Ordinance Page 29 of 35 SECTION 3. That Section 6B -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 6B -2 Use Regulations. * * * (11) Cottage Housing Development. SECTION 4. That Section 7 -2, Corpus Christi Zoning Ordinance, is amended by addition Cottage Housing Development as a permitted use, to read as follows: Section 7 -2 Use Regulations. * (6) Cottage Housing Development. SECTION 5. That Section 8 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 8 -2 Use Regulations. * * * * * (9) Cottage Housing Development. SECTION 6. That Section 8A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 8A -2 Use Regulations. * (18) Cottage Housing Development. * * * SECTION 7. That Section 9 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 9 -2 Use Regulations. * * * (14) Cottage Housing Development. Public Copy of Cottage Housing District Ordinance * * Page 30 of 35 SECTION 8. That Section 10 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 10 -2 Use Regulations. * * * * * (10) Cottage Housing Development for commercial/ tourist rental and single - family residential detached uses only, excluding town -home, duplex, triplex, condominium, and multiple - family residential uses. * * * SECTION 9. That Section 11 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 11 -2 Use Regulations. (18) Cottage Housing Development. SECTION 10. That Section 12 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 12 -2 Use Regulations. * * * * * (15) Cottage Housing Development. * * * * * SECTION 11. That Section 12A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 12A -2 Use Regulations. * * * * * (17) Cottage Housing Development. * Public Copy of Cottage Housing District Ordinance Page 31 of 35 SECTION 12. That Section 13 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 13 -2 Use Regulations. * (31) Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding town -home, duplex, triplex, condominium, and multiple - family residential uses. SECTION 13. That Section 14 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 14 -2 Use Regulations. (21) Cottage Housing Development. SECTION 14. That Section 14A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 14A -2 Use Regulations. (38) Cottage Housing Development. SECTION 15. That Section 16 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 16 -2 Use Regulations. * * * * * (28) Cottage Housing Development. * * * * * SECTION 16. That Section 24 -1, Corpus Christi Zoning Ordinance, is revised by reformatting the table; and by adding the new "CH" district, to read as follows: Public Copy of Cottage Housing District Ordinance Page 32 of 35 ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24 -1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other such articles contained in this ordinance. Article District Min. Lot Area Sq. Ft. Min. Lot Width Max. Height in Feet/ Stories Min. Front Yard Depth Min. Side & Rear Yard Open Space Req. of Total Lot Area Max. No. of Units Per Acre / Floor Area Factor Max. Sg. Ft. Floor Area per Acre of Lot 4A "F -R" Farm -Rural 5 acres None None None None None None / 0 None 4B 4C 5 "RE" Residential Estate One - family Dwellin • "R-1A" One- family 6 Dwelling "R -1 B" 6A 6B 6C 1 acre 43, 560 150' 35'/3 50' 25' None 1/0 None 15.000 50' 35'/3 25' 5' None 2.90 / 0 None 10,000 85' 35'/3 25' See Note 1 5' See Note 1 30% 4.36 / 0 None One - family Dwellin• 6,000 50' 35'/3 25' 5' 30% 7.26 / 0 None "R -1 C" One - family Dwelling "R -TH" Townhouse Dwelling See Note 3 7 4.500 45' 26'/2 20' 5' 30% 9.68 / 0 None 3.600 See Note 2 30' 26'/2 20' 5' 25% 12.10 / .5 See Note 3 21.780 "CH" - • - Housing District (Single - Family Dwelling) - See Article 6C "R-2" Multiple Dwelling (Townhomes) 6,000 50' 45'/3 20' 5' (1 & 2 Family) 10', plus 5' for each additional story for 3+ family 7A 8 "T -1A ", "T -1B', "T -1C" Travel Trailers & Manufactured Homes - See Article 7A 5' (1 & 2 Family) "A -1" 10', plus 5' for Apartment — — each additional House story for 3+ family 6 000 50' 45'/3 20' 40% 14.52 / .5 21.780 35 % 21.78 /.5 21.780 8A "A -1 A" Apartment House 6,000 50' 60'/4 20' 5' (1 & 2 Family) 10' , plus 5' for each additional sto for 3+ family 30 % 29.04 / .65 28.314 9 "A -2„ Apartment House 6,000 50' 60' / 4 See Sec. 9 -5 5' (1 & 2 Family) 10', plus 5' for 20' each additional 30% 36.30 / .8 story (3+ family), not to exceed 30'. 34,949 10 "AT" Apartment - Tourist 5,000 50' 10,000 85' None 5' Padre or Mustang Barrier Island 1 -famil 25% 10' (1 & 2 Family) 20' elsewhere 10', plus 5' for each additional story (3 + 10% family), not to exceed 30'. 8.72 43.56 43,560 Public Copy of Cottage Housing District Ordinance Page 33 of 35 Article District Min. Lot Area Min. Lot Width Max. Min. Min. Side & Rear Open Max. No. of Max. Fl Fr. Floor Area er Acre Space Units Per Req. of Front Height in Acre / Floor Total Yard Feet / Yard Area Factor Lot Area Depth Stories Sq. Ft. Lot 11 "AB" 6,000 50' for 45' / 3 20' 10' 30% for 36.30 for 34,848 for DUs, DUs, for DUs. DUs, 65.340 DUs, none See Sec. Professional none for none for none for for others for others 115 Office others others others 12 "B -1" 6,000 50' for ' / 3 35' 20' 10' for DUs, for 30% for 36.30 for 34.848 for DUs , DUs, DUs. for DUs, DUs, none Other Neighborhood None for o 10 /o for none for none for for others See Sec. 12 -5 Business others others others others 12A "B -1A" 6. 000 50' for 36', or 26' 20' None, except next 25% See Note 4 26,140 DUs. if adjacent none for to residential for DUs, to residential others. Neighborhood requires 10' side, none for See Sec. Business 15' rear others district 12A -7 13 "B -2A" 6,000 50' for None 20 Sec. See Sec 10' for DUs, for 25% for 43.56 for 43,560 for DUs DUs , DUs. for DUs, DUs, none other See Sec. Barrier Island none for none for none for none for for others /1.0 13 -5 13 -5.01 Business others others others others 13A. "10" Island Overlay - See Article 13A 14 "B -2" 6,000 50' for None 20' 10' for DUs, for 25% for None None DUs. DUs, for DUs, Other See Sec. Bayfront none for none for none for 14-5 Business others others others 15 "B -3" None None None 20' See Sec. 15 -5 None None None Business 16 "B-4" 6,000 50' for None 20' 10' for DUs, none 30% for 36.30 for 34,848 fo DUs, DUs, . DUs, for DUs, DUs, none General none for none for for others. none for none for for others Business others others others others 17 "B -5" None None None None See Sec. 17 -5 None' None None Primary . Business 18 "B -6" None Primary Business Core 19 "1 -1" None None None See Sec. 19 -4.01 See Sec. 19 -4.02 50% Limited Industrial 20 "1-2" None See Sec. See 20' See Sec. 20 -6 None None None 20 -6.03 Light Industrial 21 `9 -3" None None See Sec. 20' See Sec. 21 -6 None None None Heavy 21 -6.03 Industrial Note 1 In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Note 2 Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B -6.03 are complied with. Note 3 Lot 11 (4,942.77 square feet) and Lot 27 (4988.27 square feet), Block 1, La Concha Estates platted before annexation proceedings began, are qrandfathered for 1 family dwelling pursuant to $4 43.002 and 245.002 TX. Loc. Gov. Code. Note 4 With arterial or higher access: 36 units per acre: otherwise 14.52 units_ per acre / Floor Area Factor: with collector or higher access: 0.5: exclusive access from a local street: 0.3 * Public Copy of Cottage Housing District Ordinance * Page 34 of 35 SECTION 17. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, 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 18. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 19. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 20. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 21. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 22. 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 23. This Ordinance shall take effect upon and after publication of this Ordinance. (Execution on Following Page) Public Copy of Cottage Housing District Ordinance Page 35 of 35 That the foregoing ordinance was read for the first time and passed to its second reading on this the Q3rv4 day of , 2010, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Brent Chesney Chris Adler Priscilla G. Leal John E. Marez Nelda Martinez Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschnick Chris Adler PASSED AND APPROVED this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: /5- ay of 1/120 c' eborah Walther Brown Assistant City Attorney For City Attorney Public Copy of Cottage Housing District Ordinance Joe Adame Mayor , 2010: 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Ordinance amending the code of ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program representatives and expand at -large representatives from six to ten members. ISSUE: To amend the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership. The amendment will authorize the membership realignment composition of four membership designations currently reserved for RSVP and SCP volunteers to four community at large members. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to change the Membership composition of the Leadership Committee for Senior Services. PREVIOUS COUNCIL ACTION: On December 11, 2001, City Council approved Ordinance No. 024683 establishing the Leadership Committee for Senior Services which was originally established as the Senior Community Services Advisory Committee. CONCLUSION AND RECOMMENDATION: The Leadership Committee for Senior Services and Staff endorse the proposed amendment to the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieT(o cctexas.com 361- 826 -3464 Attachments: Background Information 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, REGARDING MEMBERSHIP FOR THE LEADERSHIP COMMITTEE FOR SENIOR SERVICES TO REMOVE RETIRED AND SENIOR VOLUNTEER PROGRAM AND SENIOR COMPANION PROGRAM REPRESENTATIVES AND EXPAND AT- LARGE REPRESENTATIVES FROM SIX TO TEN MEMBERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership, is amended to read as follows: "DIVISION 15. LEADERSHIP COMMITTEE FOR SENIOR SERVICES Sec. 2-170. Membership. The City Council shall appoint a Leadership Committee for Senior Services, to coordinate the efforts of the Senior Community Services division; which includes the Retired and Senior Volunteer Program, the Senior Companion Program, and the Elderly Nutrition Program, to consist of fifteen (15) members, two (2) of which will be Senior Center participants, Volunteer Program, two (2) of which will be voluntecr-s from the Senior Companion Pfegfana, three (3) of which shall represent agencies with direct services to senior citizens, and six -(6) ten (10) of which shall represent the community. The members of said committee shall be appointed as follows: Eight (8) members of said committee shall be initially appointed for a term of one year, and seven (7) members of said committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first eight (8) appointees, the succeeding term of office for each new member shall be a term of two (2) years. Members may be reappointed at the discretion of the city council. - -- Sec. 2 -171. Officers. The committee shall at its first meeting select from among its membership a chairman, a vice - chairman and a secretary, and any other officers deemed necessary, and such officers shall serve for the ensuing year or until their successors are selected. (Ord. No. 11727, § 2, 10 -3 -1973; Ord. No. 17748, § 5(o), 7 -27 -1983) Sec. 2 -172. Staff support. The personnel of the senior community services program shall provide staff support to the aforesaid advisory committee. H: \LEG- DIR \Lisa\2010 Ordinance \Leadership Committee for Senior ServicesV2.DOC 2 (Ord. No. 11727, § 3, 10 -3 -1973; Ord. No. 17748, § 5(o), 7 -27 -1983) Sec. 2-173. Duties. The advisory committee's duties will be: (1) To advise the Senior Community Services division staff of the needs for services according to locally conceived priorities; (2) To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; (3) To establish priorities and make recommendation for appropriate program funding; (4) To review and evaluate Senior Community Services division operations; (5) To coordinate program and planning activities with local agencies and organizations that serve senior citizens; (6) To increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and, (7) To coordinate and plan fund raising activities to benefit Senior Community Services division goals. (Ord. No. 11727, 10 -3 -1973; Ord. No. 12700, § 1, 7 -16 -1975; Ord. No. 17748, § 5(o), 7- 27 -1983; Ord. No. 19889, § 2, 7 -28 -1987; Ord. No. 24683, § 3, 12 -11 -2001) Sec. 2-174. Reserved." H: \LEG- DIR \Lisa\2010 Ordinance \Leadership Committee for Senior ServicesV2.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the 3: day of c ` ck , 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Pryer Mark Scott v-)42-- That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: ~4`4' f 7 , By: Lisa Aguilar, Assistant City Attorney for the City Attorney 15 NO ATTACHMENT FOR THIS ITEM 16 NO ATTACHMENT FOR THIS ITEM 17 NO ATTACHMENT FOR THIS ITEM 18 NO ATTACHMENT FOR THIS ITEM 19 NO ATTACHMENT FOR THIS ITEM 20 NO ATTACHMENT FOR THIS ITEM 21 AGENDA MEMORANDUM March 12, 2010 AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: March 30, 2010) Case No. 0210 -04 JONELLE QUALIA - A change of zoning from the "R-1B" One- family Dwelling District to the "AB" Professional Office District resulting in a change of land use Residential use to Professional /Commercial Office use on the property described below: A 4.3 ACRE TRACT OF LAND OUT OF LAKEVIEW ACRES, BLOCK 3, LOT 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (February 17, 2010): Denial of the Applicant's request for a change in zoning to the "AB" Professional Office District in lieu of a Special Permit with the following six (6) conditions and subject to a site plan: 1. USE: The only use authorized by this Special Permit other than the basic "R -1 B" One - family Dwelling District use are medical and non - medical offices 2. SCREENING /LANDSCAPING: A standard solid screening fence with a height of at least six (6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right -of -way shall have a height of three (3) feet within twenty (20) feet of that public right -of -way. Landscaping of the property shall comply with the requirements of Article 27B of the Zoning Ordinance. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. 4. HEIGHT: Building height is limited to twenty -five (25) feet and one (1) story. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six (6) foot solid fence with gate is required. 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within two (2) years of the date of the ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. Agenda Memo Case No. 0210- 04(Jonelle Qualia) Page 2 STAFF SUMMARY: Request: The applicant is requesting a change of zoning on 4.3 acres from the "R -1 B" One - Family Dwelling District to the "AB" Professional Office District, to resell the property for professional commercial /office uses. Background: On April 30, 1996, the subject property (under different ownership) was granted a Special Permit for 1 acre of the current 4.3 acre property on the southeast corner of the site for Professional Office uses. The conditions of the Special Permit included a maximum height of 26 feet for all buildings onsite and a 6 foot screening fence along the north, east, and west boundaries of the development site within one year of the ordinance date. A notation in the Special Permit file from Zoning Staff indicated that Staff performed a field visit to the site on May 27, 2009 and discovered that the subject property was being utilized for single - family residential purposes as permitted and shown on the building and zoning permits. Additional notes indicate that utility records verified the buildings onsite as being utilized for residential purposes, rendering the Special Permit void since the Professional Office buildings were not constructed within the approved time period. Existing Land Uses: The subject property is currently being used as a single - family dwelling use. The existing home onsite consists of approximately 7,532 square feet, and an attached garage consists of approximately 1,221 square feet, and a detached garage consists of approximately 1,200 square feet. Existing Zoning: The subject property is zoned as an "R-1B" One - Family Dwelling District. The "R -1 B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located. adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R-1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. The property is surrounded to the north, south, east, and west with residential zoning and development. The closest office /commercial zoning is located approximately 2,460 feet to the northwest of the subject property near the intersection of Airline and Holly Roads. Proposed Zoning: The applicant is requesting a change in zoning to the "AB" Professional Office District. This district permits business /professional office uses, as well as, single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming /boarding houses, clinics, beauty culturist, artist studios, and clinics /hospitals. Retail sales uses, including storefront and door window displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office can be used or stored in the building or on the property lot. The district requires a front yard setback of 20 feet, and a side and rear yard setback of 10 feet. The maximum building height permitted is 45 feet, or three stories. With the approval of the "AB" District or Special Permit, the residential structure is required to meet the Office /Commercial International Building Code Standards (IBC) if utilized for that purpose. Agenda Memo Case No. 0210- 04(Jonelle Qualia) Page 3 teazi„, 4.1j, Juan Perales, Jr./P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp(a cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) CITY COUNCIL ZONING REPORT Case No.: 0210 -04 • Applicant & Legal E Description t rn - Applicant: Jonelle Qualia Owner: Nathaniel & Jonelle Qualia Representative: Same Address: 6710 Holly Road, Corpus Christi, TX 78412 Legal Description/Location: A 4.3 ACRE TRACT OF LAND OUT OF LAKEVIEW ACRES, BLOCK 3, LOT 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. Zoning Request From: "R -1B" (One - Family Dwelling) District To: "AB" (Professional Office District) Area: 4.3 acres Purpose of Request: The Applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District to the "AB" Professional Office District, to resell the property for professional office uses. The Applicant is also receptive to receiving a Special Permit in lieu of the requested "AB" Zoning District Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Vacant and Low - density Residential Low - density Residential North "R -1B" One - Family Dwelling District Low - density Residential Low - density Residential East "R -1B" One - Family Dwelling District Vacant and Professional Office uses. Low - density Residential South "R -2" Multiple Dwelling District Low - density Residential Low - density Residential West "R -1B" One - Family Dwelling District Low - density Residential Low - density Residential ADP, Map & Violations Area Development Professional Map to the Map Zoning Development Plan: This tract of land is located in the Southside Area Plan and is planned for low- density residential uses. The requested "AB" Office District zoning is not consistent with the adopted Future Land Use which designates the area for low- density residential uses. However, a modification plan through a Special Permit is acceptable. No.: 041034 Violations: None STAFF SUMMARY Request: The applicant is requesting a change of zoning on 4.3 acres from the "R -1B" One- Family Dwelling District to the "AB" Professional Office District, to resell the property for professional commercial/office uses. City Council Zoning Report Applicant: Jonelle Qualia Page 2 Case #: 0210 -04 Background: On April 30, 1996, the subject property (under different ownership) was granted a Special Permit for 1 acre of the current 4.3 acre property on the southeast corner of the site for Professional Office uses. The conditions of the Special Permit included a maximum height of 26 feet for all buildings onsite and a 6 foot screening fence along the north, east, and west boundaries of the development site within one year of the ordinance date. A notation in the Special Permit file from Zoning Staff indicated that Staff performed a field visit to the site on May 27, 2009 and discovered that the subject property was being utilized for single - family residential purposes as permitted and shown on the building and zoning permits. Additional notes indicate that utility records verified the buildings onsite as being utilized for residential purposes, rendering the Special Permit void since the Professional Office buildings were not constructed within the approved time period. Existing Land Uses: The subject property is currently being used as a single - family dwelling use. The existing home onsite consists of approximately 7,532 square feet, and an attached garage consists of approximately 1,221 square feet, and a detached garage consists of approximately 1,200 square feet. Existing Zoning: The subject property is zoned as an "R -1B" One - Family Dwelling District. The "R -1B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R -1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. The property is surrounded to the north, south, east, and west with residential zoning and development. The closest office /commercial zoning is located approximately 2,460 feet to the northwest of the subject property near the intersection of Airline and Holly Roads. Proposed Zoning: The applicant is requesting a change in zoning to the "AB" Professional Office District. This district permits business /professional office uses, as well as, single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming/boarding houses, clinics, beauty culturist, artist studios, and clinics/hospitals. Retail sales uses, including storefront and door window displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office can be used or stored in the building or on the property lot. The district requires a front yard setback of 20 feet, and a side and rear yard setback of 10 feet. The maximum building height permitted is 45 feet, or three stories. With the approval of the "AB" District or Special Permit, the residential structure is required to meet the Office /Commercial International Building Code Standards (IBC) if utilized for that purpose. City Council Zoning Report Page 3 Transportation and Circulation: The subject properties will have access to Holly Road, a 95- foot wide, A -1 Minor Arterial, undivided 5 -lane right -of -way, with a continuous center turn lane. Sixty -feet of the 95 -foot right -of -way is currently paved. Applicant: Jonelle Qualia Case #: 0210 -04 Street R.O.W. Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2008 Holly Rd Al Minor Arterial, Undivided 95' / 60' 95' / 60' 6,338 Infrastructure Demand: + Water: ❖ Wastewater: ❖ Stormwater: ❖ Gas: Public Safety: ❖ Police: ❖ Fire: An 8 -inch water line runs parallel with Holly Road. The City of Corpus Christi has an 8 inch wastewater line that runs along the northeast and northwest boundary of the subject property lines. A stormwater line runs parallel with Holly Road. Gas lines are present along northwest property boundary and the southeast corner of the subject property. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics indicate an increase from 1,251 crimes committed in 1993, to 1,313 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 4, located at 2338 Rodd Field Road, approximately 4,200 feet from the subject property. Environmental Constraints: ❖ Flood Zone: ❖ Soils: Zone C, areas of minimal flooding. 78.1% (Of)--- Orelia fine sandy loam. Slope: 0 to 1 percent • Drainage class: Somewhat poorly drained • Depth to water table: About 6 to 12 inches • Frequency offlooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 8.1 inches) 21.7% (CcA)— Raymondville complex. Slope: 0 to 1 percent • Drainage class: Moderately well drained • Depth to water table: More than 80 inches • Frequency offlooding: None • Frequency of ponding.' None • Available water capacity: Moderate (about 9.0 inches) City Council Zoning Report Applicant: Jonelle Qualia Page 4 Case #: 0210 -04 ❖ Wetlands: None ❖ AICUZ Zones: None COMPREHENSIVE PLAN CONSISTENCY: Residential: b. APPROPRIATE TRANSITIONS SHOULD EXIST BETWEEN HIGH- DENSITY AND LOW- DENSITY (LESS THAN 10 UNITS PER ACRE) RESIDENTIAL DWELLINGS. While high- density apartments and low- density single - family homes are both residential uses, the difference in the intensity of the uses may cause conflicts if the transition is too abrupt. Such design considerations as building height, window and patio location, screening fences or landscaping, building setbacks, parking layout, and a variety of other techniques shall be used to create an appropriate transition. Staff Comment: Staff is concerned that the requested "AB" zoning designation for the subject property, which is located adjacent to low - density residential uses, may be too abrupt of a transition between these two uses. Without a site plan, Staff is not able to determine to what extent the lot coverage or particular professional office /commercial use would be. AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Southside" ADP B.5 - POLICY STATEMENT Study fair and equitable ways to promote better protection when two uses of differing intensity abut each other. The Planning Department will propose ordinance changes that will help assure a sufficient buffer of open space and/or land use, etc. when two or more differing intensities of land use abut. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and/or screening. B.7 - POLICY STATEMENT New high- intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Staff is concerned about the higher density professionaUcommercial office space use being proposed and the potential three -story heights permitted within the "AB" Professional Office District in its adjacency to low - density, single-family use areas. With the submittal of a site plan it would be possible to determine what the actual setbacks will be, whether the facility will overlook into adjacent homes in the future, or if techniques were employed to screen from the higher density and additional heights. Buffering the proposed higher intensity office use from the adjacent lower density residential uses to the north, south, east, and west, is required per the Zoning Ordinance. City Council Zoning Report Applicant: Jonelle Qualia Case #: 0210 -04 Page 5 RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): (The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achieving healthy communities that provide families with a clean environment.) The project was rated against Smart Growth Principles and received 2 stars out of a possible 5 stars, with a total of 33 points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: ❖ The proposed "AB" zoning would be an isolated non - residential district within a developed residential area. ❖ The surrounding residential properties are limited to a height of 35 feet or two stories while an "AB" Zoning District would permit the construction of buildings with heights of up to 45 feet (or three -story buildings) adjacent to residential properties, resulting in an increase of 10 additional feet. A Special Permit could limit the height of newly constructed buildings to 35 feet or two stories to provide heights that are more compatible with the adjacent residential structures. ❖ The proposed rezoning is not compatible with the Area Development Plan and is not consistent the Future Land Use Map. PLANNING COMMISSION AND STAFF RECOMMENDATION: Denial of the Applicant's request for a change in zoning to the "AB" Professional Office District in lieu of a Special Permit with the following conditions: 1. USE: The only use authorized by this Special Permit other than the basic "R -1B" One- family Dwelling District use are the non - residential uses allowed in the "AB" Professional Office District. 2. SCREENING /LANDSCAPING: A standard solid screening fence with a height of at least six (6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right -of -way shall have a height of three (3) feet within twenty (20) feet of that public right -of -way. Landscaping of the property shall comply with the requirements of Article 27B. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. City Council Zoning Report Applicant: Jonelle Qualia Page 6 Case #: 0210 -04 4. HEIGHT: Building height is limited to twenty -five (25) feet and one (1) story. 5. TIME LIMIT: Such Special Permit shall be deemed to have expired within two years of the date of the ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. E E U Number of Notices Mailed: 54 within 200 foot notification area; 5 outside area. .? • Favor — 1 (inside notification area); 0 (outside notification area) aOpposition — _5_ (inside notification area); 0 (outside notification area) a For 8.41% as of February 12, 2010 Attachments: 1. Site 2009 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart 9. Site Plan ��x� .. xiA. CASE# 0:21:0:44: . 4, SITE • -• E ST =C "l0NINQ, 10TI E':AREA..&`OWNERSHIP ao1. '1.ynpnl Omar IIo EI.. I-1 un7kl rrlaM oRskd i. ln'-nllMnFHrae IiirJri •. Fa Lih.rI I1• lkkld: : d- 1¢rinenFNige El tl': I-9 , .HEy Frlaify Blskfil : ne Pr ssIi.I9jIR Mille P01 Pirriuril lielel.mrnl. ar �yRyienFwalsF op aid iI-u..ore F.riIp 1101u pk id. .O 1 I1IUl.r.r`'Pymr'es.utkkl. R -1B. ere F..pIp.t*I11 ekiid e-1i'• 01.10.P.r 9r g aiiivi• 0.-10 'QR. F .oIK ilOri'Gktid :e-a' entelnieiresi Iisrrr ala . ri.iFlle g4lr∎ eisild.. :0-ad H.frr il.I O6OIres IIo L1 011.. 'orr F oll illhIr. oktiid . '3-3''Iii -Mix Ak•MF4 FL :' ;11es�eAlrEEIN}.4?41ri7. a-+ Uyeiil. Wins Ik ii5r., a -Tx. 1Ir'fi.6e.emilrk.ekjld, 03 plrri.t eldris 91sirrl.•. : Hp elir Fehinll: ''e* .p'dnrj e6.itr. z.2 otr Mg T 11.ir.el mx0F,Pas 000nd': AO F.PS'C•rkI He�jAej ersl: T -[q• 111•gt4P1lHrne:Prk IO•td : =a' Ifm-IoJii-Clsirr ' ' ' T-IC •r.vs4el xrneH. iIiis0 IIC :rls i -Li.c4Li.ls>Im.k • olsk(1 . . . ' + . limier klm• r Iti .r • 'slejeitQArerty' CO palls - .. atrplan*•E*1Y'*e • U appal = . rt gawllra.9EP:0meP. iusa . e COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0210 -04 Name: Jonelle Qualia I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: Favor: 59 1 Opposition: 5 (8.41% opposed) #6: Karen Newton — "Future sale of property may promote business that may be harmful to the neighborhood ". #38: Dane F. Smith - "I am against a change of the residential nature of the neighborhood ". #39: Dane F. and Edith M. Smith — "We don't want the nature of the neighborhood (any part) to change from residence to business ". #49 Elva I and Wil Rodriguez — "Taxes will go up ". II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H: \PLN -DIR \SHARED \I. Planning Commission\2010 PC \2010 Public Comments \0210-04 Jonelle Qualia.doc manm�Nmmn °'mN °a °'are °'" rvvn unS N.+ano�'�+o cc(g a�un v �c ��`e°n ^om ^m wN »H aa mm I �o m m N n m m a tie mo rv^ N momN Vmiioon m N Qn n N tp �O n b m n .y .y '+ .^ .y n ti H .y .w H n b b �O b iD tp m m m m ti .-� N N m b N b m O im v O O m ,. N .1 m N m m N m n m m o N m W LL m J J J J J J J J y Y oa aova Y ea N m m mm mmmm m a� Q a a Y ve eNN ti ti„�,y ,. ,.�,. N 7 J J 7 J 7 J J J J J J J J mmmmmmm C":""^CY«<u333333333330WO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °°°°°°° 0 0° 0°° °°° Q a a a¢ O 0 0 0 0 0 0 0 0 0 (� �. 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The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth and achieving healthy communities that provide families with a clean environment. Zoning Case:_ #0210 -04 Jonelle Qualia From: _ "R -1B "_ To _ "AB "_ Will the re . uest • romote develo s ment that fosters the followin:? Answer Pts. Weight Score 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- serving retail/service? 2 uses added 1 use added 2 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 x 2 0 No 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? Yes 0 x 3 0 Manages and effectively provides a transition between higher and lower - density Yes 1 x 2 0 neighborhoods? No 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 x 3 0 within the community? (condos, townhomes, single - family, apartments) No 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low- income Yes 1 x 3 0 homeowners and individuals to reduce building costs and uses available resources more effectively? No 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 0 range in pricing available for varying income levels for sale or lease? No 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance commutes? Yes 1 0 x 3 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 x 3 0 development or connects to existing sidewalks? No 0 Promotes development so children are close enough to walk to school? Yes No 1 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides Yes 1 x 2 0 focus on a historical, cultural, or natural attributes? No 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 0 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 0 destinations and gathering places where residents frequent on the weekends? No 0 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x 3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x 3 0 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 0 areas; utilizes land management techniques, to decrease the amount of pollution entering the water system and preserve wildlife habitats? No 0 Does the project implement green building techniques or standards for reducing Yes 1 x 3 0 environmental impacts? No 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x 3 0 minimum) to replace trees being removed? No 0 Provides community green open space or includes useable green space for Yes 1 x 3 0 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 0 farmland? No 0 7. Strengthens and directs development toward existing communities. 21 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than VI mile 2 x 4 12 1/4 to 1/2 mile 1 '/ + miles 0 Is the availability of existing public services, such as police, fire, schools and Yes 1 x 3 3 health, sufficient to serve the project? No 0 Is the project a redevelopment of an existing building or brownfield area that Yes 1 x 3 3 would make the property a productive piece of land? No 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 3 communities? No 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 0 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 Is the project in an area with declining school enrolment that threatens its Yes 1 neighborhood schools with closure or support residential use in areas with historically declining school enrollment? No 0 x 2 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) • Yes No 1 0 x 3 0 9. Makes development decisions predictable, fair and cost effective. 3 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 0 Plan? No 0 The project is consistent with the Area Development Plan? Yes No 1 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x 3 0 provide onsite retention? No 0 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 33 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 6U -79 pts = x x av -tvv pts = R A J .-VaL CH I tal u $1CI nar ic 1u Ici.lor ' 4/2 / I 7 "... 7; /1/ / / • - 42:e:It'el(/ / L te?.' z''‘74,/e. • , ?4 /(;3 / i2,L yh " • /C „„fp / / 4," !fig/L. 2,7•:-.- • /1, • r • 4- . ..- _/)/-ctal 77:7 ,.1.?:-; .,5 ..:: ./,. ;,, (.14; i '26-/v/-- . //v,f",-/-2:,(9-2.) I i '‘,. ---- • ' • , • „ • • .••, / ;;;?-cCiliCE , • , i 1 . 1 i I ■ / : /5 $ "1? i ‘1 4 r . .f.‘ .j i t .' f. .1 4 I Nt e •; r.. - Li:,., , 4 \ ,! , i 4 , , ,-;...,... 1 t • -,... , i , ■ :: • i :' . ; \...$ j 1 '!...1.,Nr, I.-. 1 -.rt.' .......,..i......Ar.; .._...21 V _____r" f ORM! i ,.._„ -:. l'I. '', $' ,.4.:. A:: $$`4\ 4 , .$ j ,...--$K.L14: k, i 4 '' 3 14-4,,,h'i , $ t,„..„,,„„:4,„,..„,..„. ... ..., , , , : • .. , .. f, .• . , $5,134 J:$:jjjk: WA-4K • 1 • • • • • i $ $ I $ , 1 i 1 $ y/P\ ROOF f 1/... 64' / /1,4.4 04..10,Ntt 1111:J 1.1 V in„3-Ikio $7.$7.••7$ C$!..•• .--j CHRS-rt. TE..›.:AS rr-t / z. z • Su: 5sq,:',$$Ez.y- A CRCS 1"‘ •• •• MI CRC:Kt M.P..Z$1Wt TJZS PRVERTY C$7 raSTMCZINT: i$.1.1WE M"".$:.4.1t.3 ARZ.1 NOT 21704 1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, February 17, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly 'John Taylor Mark Adame *Arrived at 5:35 Govind Nadkarni STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, A1CP, Senior City Planner Robert Payne, AICP, City Planner Lisa Wargo, Senior City Planner Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0210 -04 — Jonelle Qualia - A change of zoning from the "R -1B" One - Family Dwelling District to the "AB" Professional Office District A 4.3 Acre Tract of Land out of Lakeview Acres, Block 3, Lot 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. Lisa Wargo, Senior City Planner presented a Power Point presentation. Subject property is a 4.3 acre tract of land out of Lakeview Acres, Block 3, Lot 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, and approximately 2,870 feet southeast of Airline Road. The request for a change of zoning is from the "R -1B" One - family Dwelling District to the "AB" Professional Office District. The "R -1B" District allows for single - family residential uses, churches, public and non - profit private schools, and home occupations, but does not allow for office space uses. The "AB" Professional Office District allows for business /professional office uses, but storefront and door window displays are not permitted. Department Comments: The proposed "AB" zoning would be an isolated non - residential district within a developed residential area. The surrounding residential properties are limited to a height of 35 feet or two stories while an "AB" Zoning District would permit the construction of buildings with heights of up to 45 feet (or three -story buildings) adjacent to residential properties, resulting in an increase of ten (10) additional feet. A Special Permit could limit the height of newly constructed buildings to 35 feet or two stories to provide heights that are more compatible with the adjacent residential structures. Planning Commission Minutes February 17, 2010 Page 2 The proposed rezoning is not compatible with the Area Development Plan and is not consistent the Future Land Use Map. Staff recommends denial of the Applicant's request for a change in zoning to the "AB" Professional Office District in lieu of a Special Permit with the following conditions: • Use: The uses provided for under the "R -1B" One - Family Dwelling District plus the professional office and medical office uses provided under the "AB" Professional Office District. • Hours/Days of Operation: Hours of operation shall be between the hours of 8:00 am and 8:00 pm, Monday through Saturday, and Sunday from 11:00 am to 6:00 pm. • Lighting: Any outdoor lighting must be shielded and directed away from adjacent residences. • New Construction Building Height: New buildings constructed onsite shall not exceed a height of 35 feet or two stories. • Time Limit: Such Special Permit shall be deemed to have expired within two years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. A total of 58 notices were mailed to the public. Two notices were returned in opposition, and zero was returned in favor. Commissioner Skrobarczyk asked Staff if it should be a requirement for the property owner to shield light from adjacent properties. Mrs. Faryce Goode Macon stated reference to the nuisance code and the police should be called to assess too much lighting, noise, or smoke. Mr. Johnny Perales made a reference to the Unified Development Code regarding light trespass and that shields could be installed to direct light downward. Chairman Garza opened the public hearing at this time. In opposition: 1. Will Alfredo Rodriguez, 6738 Meadow Heights Corpus Christi, Texas. Mr. Rodriguez stated that he opposes commercial uses in the residential neighborhood. Mr. Rodriguez asked if the property taxes will increase if this change of zoning request is approved. He stated that he is in favor of commercial revenue for the city, but just not in this area. Mrs. Faryce Goode Macon referred Mr. Rodriguez to contact the Nueces County Appraisal District for the complete answer to his question about whether the property taxes will increase in his neighborhood if this change of zoning request is approved. Planning Commission Minutes February 17, 2010 Page 3 In favor: 1. Steve and Jonelle Qualia, 6710 Holly Road, Corpus Christi, Texas. Mr. Qualia spoke first and said that he is for the proposal. Mr. Qualia stated that he thinks taxes should not affect the residents, just commercial uses, if anything. Mrs. Qualia stated that they like their neighbors and would never allow an undesirable business put in the property. He is being conscientious to his neighbor's wishes. Mrs. Qualia reiterated that there are four potential buyers interested in the subject property for commercial use. She said the property is already landscaped and has a six - foot fence installed presently. Mrs. Qualia stated that there have been a number of improvements made to the lot since they have owned the property such as the landscaping and six -foot fence that has been installed. The public hearing was closed by Chairman Garza. A motion was made by Commissioner Skrobarczyk to approve the request for a change of zoning with special permits and conditions set by Staff. The motion was seconded by Commissioner Taylor. Before the vote, Vice Chairman Huerta stated he feels that the "AB" District would fit in this instance. Commissioner Skrobarczyk asked if the fencing requirement is a necessary condition and recommended not limiting the hours of operation. Commissioner Tamez stated he would feel more comfortable granting the special permit to a definitive buyer /renter and that he would want to see the site plans first. Mrs. Goode Macon read the list of conditions with the Special Permit that was granted to this property in 1996. In 1996, the property was rezoned to the "AB" Professional Office District with six conditions including landscaping. With the adoption of the Landscaping Ordinance, the following conditions would now apply: 1. USE: The only use authorized by this Special Permit other than the basic "R -1B" One- family Dwelling District use are the non - residential uses allowed in the "AB" Professional Office District. 2. SCREENING /LANDSCAPING: A standard solid screening fence with a height of at least six (6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right -of -way shall have a height of three (3) feet within twenty (20) feet of that public right -of -way. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. 4. HEIGHT: Building height is limited to twenty -five (25) feet and one (1) story. Planning Commission Minutes February 17, 2010 Page 4 5. TIME LIMIT: Such Special Permit shall be deemed to have expired within two (2) years of the date of the ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. Mrs. Goode Macon stated that the site plan would be required before the case goes to the City Council for approval. Commissioner Skrobarczyk stated that he would like to amend his motion to reflect the "AB" Professional Office District with the above five conditions plus a condition pertaining to trash receptacles. The motion was seconded by Commissioner Taylor. The vote passed but not unanimously. Commissioner Tamez voted nay. The motion carried. Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JONELLE QUALIA, BY CHANGING THE ZONING MAP IN REFERENCE TO 4.3 ACRES OUT OF LAKEVIEW ACRES, BLOCK 3, LOT 1, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R- 1 B /SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW MOTORCYCLE REPAIR AND PAINT USE, SUBJECT TO A SITE PLAN AND SIX (6) 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 Jonelle Qualia, 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 17, 2010, during a meeting of the Planning Commission, and on Tuesday, March 30, 2010, 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 6710 Holly Road, located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road, from "R-1B" One - Family District to "R -1 B /SP" One - Family District with a Special Permit to allow the resale of the property for professional commercial /office use, subject to a site plan, attached, and six (6) conditions. (Zoning Map 041034) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "R -1 B" One - family Dwelling District use are medical and non - medical offices. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -30 -10 \CASE NO. 0210 -04 JONELLE QUALIA RE- APP \0210 - 04.J.Qualia.PC & Staff Recmd - Special Permit.Doc Page 2 of 4 2. SCREENING /LANDSCAPING: A standard solid screening fence with a height of at least six (6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right -of- way shall have a height of three (3) feet within twenty (20) feet of that public right -of -way. Landscaping of the property shall comply with the requirements of Article 27B of the Zoning Ordinance. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. 4. HEIGHT: Building height is limited to twenty -five (25) feet and one (1) story. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than fifty (50) feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six (6) foot solid fence with gate is required. 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within two (2) years of the date of the ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for H: \LEG -DIR \Shared \LEGAL- DEV.SVCS12010 Agenda \3 -30 -10 \CASE NO. 0210 -04 JONELLE QUALIA RE- APP \0210 - 04.J.Qualia.PC & Staff Recmd - Special Permit.Doc Page 3 of 4 immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 Deborah Walther Brown Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -30 -10 \CASE NO. 0210 -04 JONELLE QUALIA RE- APP \0210 - 04.J.Qualia.PC & Staff Recmd - Special Permit.Doc Page 4 of 4 Corpus Christi, Texas day of , 2010 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -30 -10 \CASE NO. 0210 -04 JONELLE QUALIA RE- APP \0210 - 04.J.Qualia.PC & Staff Recmd - Special Permit.Doc 9A 24A Wf ppN u CASE # 0210 -04 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A Denial of: From: R -1 B To: AB In Lieu of R -1 B with Special Permit SLCJECT ORDINANCE: 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2010 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a 5 year, automatically renewable, lease with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina, for and in consideration of the repair, restoration and maintenance of Nina; providing for severance; and providing for publication. ISSUE: In December 2009, Council directed staff to work with the Columbus Sailing Association (CSA) to draft an agreement for the repair, restoration and maintenance of the three Columbus Ships (Nina, Pinta and Santa Maria) as part of a five phase process. This agreement outlines the first phase which is the repair, restoration and maintenance of the Nina. REQUIRED COUNCIL ACTION: Council action is required to execute a lease agreement for the repair and restoration of the Columbus Ships. PREVIOUS COUNCIL ACTION: A presentation was given to Council regarding the Columbus Ships on October 27, 2009. A resolution supporting fund raising activities of the Columbus Sailing Association for the Columbus Ships was passed on December 15, 2009. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve execution of a lease agreement with the Columbus Sailing Association for the repair, restoration and maintenance of the Nina. eborah Walther Brown Assistant City Attorney deborahwb(a cctexas.com 361.826.3379 Attachments Margie Rose Assistant City Manager margiera,cctexas.com 361.826.3232 BACKGROUND INFORMATION In 2009 the Columbus Sailing Association contacted the City requesting to repair, restore and maintain the three (3) Columbus Ships. After considerable discussion with staff, the Columbus Sailing Association held presentations with the Friends of the Museum, Museum Advisory Committee followed by a presentation before Mayor and Council on October 27, 2009. During the presentation before Council staff was given direction to draft an agreement for further consideration. The highlights of the agreement are as follows: A) This is a lease agreement for the CSA to repair, restore and maintain the Nina as part of phase one of five. B) Phase two through five will be addressed by separate agreements or amendments to this agreement in the future. C) Upon completion of all five phases, including the opening of the Columbus Seaport in the City of Corpus Christi, the City shall transfer ownership of the Ships to CSA. D) The City will pay $20,000 to CSA for the purchase of repair materials to be used for the repair and restoration of the Nina in phase one. The $20,000 is to be used only for materials to repair and restore the Nina. It is not to be used to pay for labor or equipment. This is a one time only payment with no additional money to be provided. E) Benchmarks and timelines will be required and approved by the City prior to the commencement of work. F) The City will, for a period of one year following the CSA's taking possession of the Nina, pay all costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill. G) The Nina will remain moored in its current location free of charge. However, a month after the completion of phase one and two, the CSA must enter into a lease agreement with the Corpus Christi Marina for payment of slip rental fees. H) The Nina cannot be moved from its current location without prior written consent of the City. I) City Staff (Marina Maintenance Supervisor and carpenter) will be used to assist in coordinating activities and assisting with the replacement of the port and starboard cap rails on the Nina at times mutually agreeable to CSA and the City. J) A qualified shipwright must approve and supervise any structural repair and restoration of the Nina. K) A qualified marine surveyor must certify that the structural repair and restoration is complete. L) CSA must receive all of the appropriate certifications after the repair and restoration of the Nina. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A 5 YEAR, AUTOMATICALLY RENEWABLE, LEASE WITH THE COLUMBUS SAILING ASSOCIATION FOR THE USE OF THE COLUMBUS SAILING SHIP N►NA, FOR AND IN CONSIDERATION OF THE REPAIR, RESTORATION AND MAINTENANCE OF NNVA; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a 5 year, automatically renewable, lease with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina, for and in consideration of the repair, restoration and maintenance of Nina by the Columbus Sailing Association. A copy of the contract shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall 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. This lease takes effect on the 61st day following City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschnick Chris Adler That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschnick Chris Adler PASSED AND APPROVED this the day of , 2010. ATTEST: Armando Chapa City Secretary rOt APP OVED: day of -4614a----- eborah Walther Brow Assistant City Attorney For City Attorney Joe Adame Mayor , 2010: LEASE AGREEMENT RE: Nina STATE OF TEXAS § COUNTY OF NUECES § THIS LEASE AGREEMENT (hereinafter "AGREEMENT ") is entered into by and between the CITY OF CORPUS CHRISTI, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469, (hereinafter "CITY "), and the Columbus Sailing Association, a Texas 501(c)3 Nonprofit Corporation, 7253 Yaupon Dr., Corpus Christi, Texas 78414, (hereinafter "CSA "). WHEREAS, Nina, Pinta and Santa Maria (hereinafter "SHIPS "), are replicas of 15th century Spanish sailing vessels which, at the request of Spain, the CITY undertook limited maintenance of in May of 2001; and WHEREAS, in 2006, the SHIPS became the property of the CITY as a gift from Spain, and remain a valuable historical exhibit linking the peoples and cultures of Spain and the Corpus Christi area; and WHEREAS, the SHIPS have fallen into significant disrepair; and require significant repair and restoration; and WHEREAS, the CSA has requested that the CITY allow the CSA to: a. Repair and restore the structural and mechanical integrity of the SHIPS berthed in Corpus Christi, TX; b. Conceive and develop a plan for the public display and use of the SHIPS under the direction of the Columbus Sailing Association; c. Obtain ownership of the SHIPS from the CITY after the CSA has completed and opened a seaport to house the SHIPS; d. Maintain the SHIPS at an increased level of maintenance than in the past. (a., b. c. and d. hereinafter collectively the "WORK ") WHEREAS, the purpose of this AGREEMENT is to state the duties and responsibilities of the CITY and the CSA (hereinafter "PARTIES ") with regard to the CSA's five phase plan regarding the SHIPS, and more particularly the purpose of this AGREEMENT is to state the duties and responsibilities of the ` For example of extent of disrepair only, regarding the Columbus ship Nina, see EXHIBIT "A" attached, for copy of the Dixieland Marine Survey, dated April 16, 2008 and corresponding interview notes . It should be noted that the Nina, as well as the Pinta and Santa Maria have fallen into further disrepair since the Dixieland Marine Survey of 2008. Page 2 of 16 Lease Agreement Re: Nina PARTIES with regard to the lease of Nina to the CSA, in order to provide for and facilitate the repair, restoration and maintenance of the Nina by the CSA, subject to the terms and conditions of this AGREEMENT; NOW, THEREFORE, in consideration of the mutual benefits to be derived and the representations, conditions, and promises herein contained, and intending to be legally bound, the CITY and the CSA agree as follows: PARTIES: CITY shall hereinafter be defined as the City Manager or his designee. CSA shall hereinafter be defined as the President of the CSA, or his designee. PROJECT PHASES: The CSA will complete five phases, (hereinafter the "PROJECT ") as listed below. The CITY approves and supports the completion of all five phases of the PROJECT. The specific rules, regulations and requirements regarding phase one, the repair, restoration and maintenance of the Nina are set forth below. The specific rules, regulations and requirements regarding phases two through five will be addressed by separate AGREEMENT(s) or amendment(s) to this AGREEMENT, at a time and date closer to the commencement of those phases. Phase one: The repair, restoration and maintenance of Nina; Phase two: Staging facilities to conduct Nina operations; Phase three: (a) The repair, restoration and maintenance of Pinta, (b) The repair, restoration and maintenance of Santa Maria; Phase four: Columbus Seaport construction, including dredging the basin and channel; and Phase five: Placement of the Nina, Pinta and Santa Maria in the water and float to Columbus Seaport in the City of Corpus Christi. LEASE OF SHIPS: The CITY in consideration of the CSA's faithful performance of the covenants described herein, more particularly, the repair, restoration and high level of maintenance of the SHIP(s), shall lease to the CSA each SHIP at such time as the CSA respectively meets the specific rules, regulations and requirements as set forth in the applicable phase, that being phase one, herein, with respect to Nina, and phase three (a) and (b), as will be set forth at a later date, with respect to Pinta and Santa Maria. Page 3 of 16 Lease Agreement Re: Nina TERM: The term of this AGREEMENT is for a period of five years, beginning on the date of execution below, and shall automatically renew every five years, subject to earlier termination as provided herein. POSSESSION: Possession, defined herein as custodial responsibility, of the Nina shall not take place until the conditions set forth below, in the section also entitled "POSSESSION ", under the heading "PHASE ONE - The Repair, Restoration and Maintenance of Nina" are met. ASSIGNMENT: The CSA may not assign this Lease AGREEMENT, nor sublease the SHIP(s), without the written consent of the CITY. MAINTENANCE: The CSA shall throughout the term of this AGREEMENT, and any future AGREEMENT(s) with respect to the SHIPS, take good care of the SHIP(S), keep them free from waste or nuisance of any kind, and shall be responsible for and shall perform, or cause to be performed, maintenance, including custodial maintenance. INSPECTION: The CITY, and its employees and designated agents, shall have the right to enter upon the SHIPS at any time during the term of the lease for the purposes of inspection, for emergency repairs, and to otherwise protect its interests. Nothing herein shall be construed to restrict the CITY in the exercise of any of its police powers. LEASE RELATIONSHIP: The PARTIES specifically agree and understand that this AGREEMENT creates under its terms, a lease relationship. Nothing herein contained shall be deemed or construed by the PARTIES hereto, nor by any third party, as creating the relationship of partnership or of joint venture between the PARTIES. CITY AUTHORITY: Except as specifically provided herein, the CSA shall not have any authority to bind the CITY to any contract, indebtedness or obligation in any manner without the express written consent of the CITY. The CITY reserves the sole and exclusive right to exercise its police powers and other governmental authority concerning any matters related to this AGREEMENT. SHIPS AS COLLATERAL: The CSA shall not use any Columbus SHIP as collateral for anything. TRANSFER OF OWNERSHIP: Upon completion of all five phases, including the opening of the Columbus Seaport in the City of Corpus. Christi, the CITY shall transfer ownership of the SHIPS to the CSA. Page 4 of 16 Lease Agreement Re: Nina TERMINATION OR EXPIRATION OF AGREEMENT: Except as otherwise provided herein, should the CSA fail to uphold any of the provisions or covenants contained within this AGREEMENT, the CSA has 90 calendar days, upon written notice by the CITY, to cure the default or this AGREEMENT automatically terminates. In the event of termination of this AGREEMENT or expiration of the lease term, the CSA shall immediately comply with the written order from the CITY regarding vacating the SHIP(S), subject to making any arrangements necessary for the maintenance or relocation of the SHIP(s), and proceeding with due diligence in completing such conditions. In the event of termination of this AGREEMENT or expiration of the lease term, any and all unexpended CITY funds must be returned to the CITY. Further, in the event of termination of this AGREEMENT for any purpose, or expiration of the lease term, all materials and supplies remaining after ten calendar days notice automatically become CITY property for whatever purposes deemed appropriate by the CITY. COMPLIANCE WITH LAWS: The CSA agrees to comply with the rules, regulations and requirements of this AGREEMENT, as well as all laws, ordinances and orders of federal, state and local governments. PHASE ONE The Repair, Restoration and Maintenance of Nina GUIDE FOR REPAIR: The CSA shall follow the. Dixieland Inc. Marine survey, conducted March 25 through 28, 2008, attached (see EXHIBIT "A "), as the guide2 for the repair of Nina. CITY PAYMENT FOR REPAIR AND RESTORATION: CITY shall pay the sum of $20,000 to CSA for the purchase of repair materials to be used for the repair and restoration of the Nina in phase one. The $20,000 is to be used only for materials to repair and restore Nina, it is not to be used to pay for labor or equipment. CSA will provide paid invoices to the CITY to account for the funds. No additional money will be provided to the CSA by the CITY. This is to be a one time only payment and no additional money will be provided to the CSA for any future WORK to be accomplished in subsequent phases two through five. REQUIRED INSURANCE: Prior to the undertaking of phase one, the CSA shall obtain, carry and pay the premiums for the insurance of the types 2 The survey and accompanying interview notes are to be used as a guide only and need not be followed exactly, particularly considering that the survey was completed in 2008 and the repair, restoration and maintenance needs of the Nin "a have likely changed. As a guide, the survey and notes are to be used to show the way by direction and example only. Page 5 of 16 Lease Agreement Re: Nina and in the limits stated below in the inserted provision. The CSA shall include the CITY as an additional named insured party on all insurance policies required. The CSA coverage must also include both paid employees and unpaid volunteers. INSURANCE REQUIREMENTS for NINA repair COLUMBUS SAILING ASSOCIATION'S LIABILITY INSURANCE A. Columbus Sailing Association must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Columbus Sailing Association must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Columbus Sailing Association must furnish to the City's Risk Manager or designee, two (2) copies ofCertifioates of Insurance, showing the following mtnhnum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City mustbe named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. C. In the event of accidents of any kind, Columbus Sailing Association must Amish the Risk Manager with copies ofall reports of such accidents within ten (10) days of the accident. P. ADDITIONAL REQUIREMENTS A. As stated in Section I -B, Table, Columbus Sailing Association must obtain the applicable workers' TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate limit Commercial General Liability to include 1. Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Personal Injury & Advertising Injury 7. Fire Legal Liability $1,000,000 Combined Single Limits Business Auto Liability to include Hired and Non -owned Auto Liability $1,000,000 Combined Single Limit Ship Repairers Legal Liability Coverage $110,000 (current value of NINA) CSA is responsible for their own insurable interests in their property and equipment Which complies with the Texas Workers Compensation Act and Section II of this exhibit $500,000 $Current value ofNINA (after repairs completed) $1,000,000 Commercial Property Workers Compensation to include volunteers (Applicable if any paid employees) Employers Liability to include USL &H Applicable when NINA is seaworthy Ocean Marine Hull and Liability Coverage Protection & Indemnity (P & 1) C. In the event of accidents of any kind, Columbus Sailing Association must Amish the Risk Manager with copies ofall reports of such accidents within ten (10) days of the accident. P. ADDITIONAL REQUIREMENTS A. As stated in Section I -B, Table, Columbus Sailing Association must obtain the applicable workers' Page 6 of 16 Lease Agreement Re: Nina compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department oflnsurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Columbus Sailing Association will be promptly met. B. Columbus Sailing Association's financial integrity is of interest to the City; therefore, subject to it's right to maintain reasonable deductibles in such amounts as are approved by the City, Columbus Sailing Association shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at its' sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Columbus Sailing Association shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Columbus Sailing Association shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826- 4555 - Fax # D. Columbus Sailing Association agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the General Liability and Business Auto Liability .coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Columbus Sailing Association shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Columbus Sailing Association's performance should Page 7 of 16 Lease Agreement Re: Nina there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Columbus Sailing Association's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Columbus Sailing Associationto stop work hereunder, and/or withhold any payment(s) which become due to Columbus Sailing Association hereunder until Columbus Sailing Association demonstrates compliance with the requirements hereof. 0. Nothing herein contained shall be construed as limiting in any way the extent to which Columbus Sailing Association maybe held responsible for payments of damages to persons or property resulting from Columbus Sailing Association's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Columbus Sailing Association's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and types of coverages are subject to adjustment if upon review, it is determined that the activity requires increased levels and types of coverages. 2009 Columbus Sailing Association —NINA repair ins. req. 9.24.09 ep Risk Mgmt Such insurance policies shall not be cancelled, materially changed, or not renewed, without 30 calendar days' prior written notice to the CITY. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the CITY, and copies of the insurance policies shall be promptly furnished to the CITY upon its written request. Failure of the CSA to maintain said insurance for the term of this Page8ofl6 Lease Agreement Re: Nina AGREEMENT shall be grounds for the termination of this AGREEMENT by the CITY. BENCHMARKS AND TIMELINE: At least 15 calendar days prior to WORK commencing in phase one, the CSA is required to provide repair and restoration benchmarks (hereinafter "benchmarks "), including a timeline, which must be approved by the CITY prior to WORK beginning in phase one. The benchmarks and timeline will be used by the CITY to measure the progress of the CSA in phase one. If the CSA fails to meet a benchmark within the required time period, the CSA has 90 calendar days, upon written notice by the CITY, to cure the default or this AGREEMENT automatically terminates. PLAN FOR FUNDING: Within 90 calendar days of the effective date of the AGREEMENT, the CSA will provide the CITY an up to date itemized plan for funding with evidence of actual monetary commitments or materials that will be donated to the CSA for the repair of Nina. POSSESSION (See page 3 for definition): Upon submission by the CSA and acceptance by the CITY of the following, as are more fully described immediately above: 1.) Proof of required insurance; 2.) Benchmarks and timeline; and 3.) Plan for funding, the CITY will provide a letter to the CSA indicating that possession of the Nina is granted and WORK on phase one may begin. Possession shall not take place and WORK shall not begin until the CSA is presented with said CITY letter. ALARM SYSTEMS: For a period of one year following the CSA's taking possession of the Nina, the CITY shall pay all costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill. At least 30 calendar days prior to the one year anniversary of the CSA's taking possession of the Nina, the CITY will notify the CSA that the CSA shall begin paying, on the one year anniversary, all costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill, while under this AGREEMENT. However, the CSA shall immediately upon taking possession of the Nina, be responsible for assuring that the fire detection system alarm and Page 9 of 16 Lease Agreement Re: Nina electronic intrusion alarm onboard Nina are activated following periods during which WORK are performed by the CSA on Nina, while Nina is moored in the Corpus Christi Marina. MOORING OF NINA: Nina shall remain moored in her current location free of charge. However, a month after the completion of phases one and two, the CSA must enter into a lease agreement with the Corpus Christi Marina for payment of slip rental fees. MOVING OF NIRA: CSA shall not move Nina without prior written consent of the CITY. HURRICANE PLAN: The CITY Hurricane Plan currently in effect for Nina will continue under the supervision of the City Marina Superintendent. To this end, CSA shall keep Nina ship -shape and ready to be moved at a moment's notice in the event of an approaching hurricane. ASSISTANCE OF CITY EMPLOYEES: CITY shall provide one employee, the marina maintenance supervisor, at times mutually agreeable to CSA and the CITY, to assist in coordinating activities during the repair and restoration of Nina. The Corpus Christi Museum of Science and History carpenter currently employed for repair and restoration on the SHIPS in dry dock, will be available, at times mutually agreeable to CSA and the CITY, only for assistance in coordinating activities regarding the replacement of the port and starboard cap rails on Nina. If the position of marina maintenance supervisor and /or carpenter becomes vacant, the City is not required to provide a substitute employee. SHIPWRIGHT: The CSA shall procure a mutually agreeable qualified shipwright to approve and supervise any structural repair and restoration of Nina, and shall pay all costs to have the structural repair and restoration performed and completed and to return Nina to navigable standards. MARINE SURVEYOR: The CSA shall procure a mutually agreeable qualified marine surveyor to certify that the structural repair and restoration is complete. TOURS OF NINA: CSA shall not permit on board tours of Nina without the written consent of the CITY. Only people who are actively engaged in the repair, restoration, and maintenance of Nina shall be permitted on board Nina. Failure to comply with this provision is cause for automatic termination of this AGREEMENT. MUSEUM SHIPYARD: The Museum's shipyard, in coordination with the City, will be available to the CSA for the storage of materials and tools, and will further act as a staging area to prepare material for the repair, Page 10 of 16 Lease Agreement Re: Nina restoration, and maintenance of Nina. The CSA will provide the necessary insurance for performing the repair, restoration, and maintenance of Nina, in the Museum's shipyard. The CSA shall not permit access to the Museum shipyard without the written consent of the CITY. Only people who are actively engaged in the repair, restoration, and maintenance of Nina shall be permitted access to the Museum shipyard. Failure to comply with this provision is cause for automatic termination of this AGREEMENT. The Class IX storage shed located in the Museum's shipyard, will . be made available to the CSA for the storage of materials and tools, in coordination with the City. CERTIFICATIONS: The CSA must, after all repair and restoration, of Nina, is complete, obtain certification from all necessary parties, including the Coast Guard, that Nina meets the appropriate criteria for all certifications required of the CSA for all activities involving Nina. Efforts to secure seaworthy, static display or other appropriate certification will require additional funding. All costs will be the responsibility of the CSA. Within 120 calendar days of completion of initial repair and restoration of Nina, the CSA shall provide a list of certification requirements and the cost to meet those requirements, as well as a timetable with benchmarks to the CITY. After restoration and repair by the CSA and the acquiring of all required certifications, CSA will maintain the Nina at a level whereby she shall maintain all certifications at the highest possible level for intended public access and use. End of provisions specific to Phase One. Page 11 of 16 Lease Agreement Re: Nina Warranty The AGREEMENT has been officially authorized by the governing body of each Party, and each signatory to this AGREEMENT guarantees and warrants that the signatory has full authority to execute this AGREEMENT and to legally bind their respective Party to this AGREEMENT. Release CSA, on behalf of itself, the CSA representatives, their respective affiliates, directors, officers, shareholders, members, employees, volunteers, agents, representatives, contractors, subcontractors, consultants, authorized agents and authorized representatives, and their respective successors and assigns (collectively, hereinafter the "CSA PARTIES "), hereby releases, waives and forever discharges CITY and its affiliates, directors, officers, shareholders, members, employees, agents, representatives, contractors, subcontractors, consultants, authorized agents and authorized representatives and their respective successors and assigns (collectively, hereinafter the "CITY PARTIES ") from any and all past, present and future claims, known or unknown, that CSA and /or the CSA PARTIES now have, may have or ever had against CITY and /or the CITY PARTIES arising from (a) the physical condition of the SHIPS and surrounding work areas used (hereinafter "the property "), including, without limitation, the lay -down area, or the other property, (b) the failure of the property, including, without limitation, the lay -down area, or the other property to comply with any applicable law (defined below), (c) the presence of CSA or any CSA PARTIES on the property, including, without limitation, the lay -down area, or the other property, (d) CSA's or the CSA PARTIES' exercise of the rights granted in this AGREEMENT, or (e) any default by CSA or any CSA PARTIES under this AGREEMENT. CSA specifically acknowledges that CITY has made no representation or warranty of any kind or character in respect to the condition of property, including, without limitation, the lay -down area, or the use which may be made thereof, and CITY hereby specifically disclaims any and all such representations and warranties, express or implied. The release set forth in this Section shall survive the expiration or earlier termination of this AGREEMENT. Indemnification CSA understands that it is not to enter into any AGREEMENT with contractors or volunteers (hereinafter "CONTRACTOR ") for completion of WORK unless and until the CONTRACTOR releases and agrees to indemnify, defend, and hold harmless CITY, in the following term: CSA agt-ees to unconditionally indemnify fully, hold harmless and defend, at CSA 's sole expense, CITY, its parent, subsidiaries, joint venturers, and affiliates and its and their agents, officers, directors stockholders, employees, representatives, successors and assigns (herein collectively referred to as "CITY ") from and against all Page 12 of 16 Lease Agreement Re: Nina liabilities and damages (as hereinafter defined) claimed by CITY, the CSA, and their respective subcontractors or third parties, including but not limited to all the employees of CITY, the CONTRACTOR, and their respective subcontractors, arising directly or indirectly out of or in any way connected with the performance or non - performance of this AGREEMENT or WORK or operations covered or contemplated by this AGREEMENT, without regard to the cause or causes thereof, including but not limited to, those caused by the actual or alleged negligence, common law, strict liability, statutory liability, absolute liability, vicarious liability, products liability, gross negligence or willful actions, or otherwise wrongful acts or omissions of CONTRACTOR, Contractors' subcontractors, CITY or their parents, subsidiaries, joint venturers, or affiliates and their respective agents, officers, directors, employees, representatives, successors and assigns. IT IS THE EXPRESSED INTENT OF THE PARTIES HERETO THAT CONTRACTOR INDEMNIFY CITY FOR LIABILITIES AND DAMAGES CAUSED BY THE CITY'S OWN ACTUAL OR ALLEGED JOINT OR CONCURRENT NEGLIGENCE. This indemnity does not extend to the sole negligence of CITY. The obligations contained in this section shall survive the termination of the AGREEMENT. The term "Liabilities and Damages" shall mean any and all (i)obligations, (ii) liabilities, (iii) personal and bodily injuries of any person (including, but not limited to death), (iv) damages or loss to any real or personal property, whether owned by CITY, CONTRACTOR, their respective subcontractors and /or any third party, including but not limited to (a) buildings, facilities, goods, tools and equipment (b) crude, feedstocks and products, (c) intellectual, confidential or proprietary, (v) damage, loss, contamination or adverse effects on the environment or natural resources, including but not limited to pollution and public and private nuisance, (vi) violation of governmental laws, regulations or orders (vii) penalties, (viii) actions, (ix) lawsuits, (x) claims and demands, (xi) liens, (xii) losses, (xiii) settlements, (xiv) judgments, orders, directives, injunctions, decrees or awards of any federal, state, local or foreign court, arbitrator, administrative or governmental authority, bureau or agency and (xv) costs, expenses, interest and fees including, but not limited to, those incurred in enforcing this indemnity and /or mitigation of Liabilities and Damages (including, but not limited to, expenses related to attorneys investigators, accountants, consultants, expert witnesses, and arbitration or mediation) relating to the foregoing. Any modifications to the foregoing term must be approved by CITY. Page 13of16 Lease Agreement Re: Nina Oral and Written Agreements All oral or written AGREEMENTS between the PARTIES relating to the subject matter of this AGREEMENT, which were developed prior to the execution of this AGREEMENT, have been reduced to writing and are contained in this AGREEMENT. Entire Agreement This AGREEMENT represents the entire AGREEMENT between the Parties and supersedes any and all prior AGREEMENTS between the parties, whether written or oral, relating to the subject of this AGREEMENT. Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this AGREEMENT, then the legal limitations are made a part of this AGREEMENT and shall operate to amend this AGREEMENT to the minimum extent necessary to bring this AGREEMENT into conformity with the requirements of the limitations, and so modified, this AGREEMENT continues in full force and effect. Immunity not Waived Nothing in this AGREEMENT is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the PARTIES or their officers, employees, representatives, and agents as a result of the execution of this AGREEMENT and the performance of the covenants contained in this AGREEMENT. Force Majeure The term "force majeure" as employed in this AGREEMENT means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this AGREEMENT, then the party shall give written notice of the full particulars of the force majeure to the other party within 20 calendar days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Page 14 of 16 Lease Agreement Re: Nina No claim against the SHIPS No claim for right of any kind as against the SHIPS, namely Nina, Pinta and Santa Maria, may arise or be asserted arising from the activities contemplated by this AGREEMENT. No lien of any kind or for any claim may be placed against the SHIPS by any PARTY, CONTRACTOR, subcontractor or other provider of goods or services. The CSA shall not permit any mechanics' and material -men's or other liens to be fixed or placed against the leased SHIP(s) and if such occurs, agrees to immediately discharge (either by payment or by filing the necessary bond, or otherwise) any such liens which are allegedly fixed or placed against the leased SHIP(s). The CSA reserves the right to contest with due diligence the reasonableness of any such charges or impositions against the leased SHIP(s), and the CITY agrees not to interfere with such contested proceedings or otherwise to declare a default under this lease due to such proceedings. Costs of Publication The CSA shall be responsible for payment of any costs of publication of this Lease Agreement as may be required by the City Charter of the CITY. Notices Any notice or other communications relating to this AGREEMENT may be delivered by: a. depositing same in the U.S. mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this section; or b. delivering same, by hand, to the party to be notified as set forth in this section. Notice given in accordance with a. herein shall be effective upon date of receipt, as indicated on return receipt. The notice addresses of the PARTIES hereto shall, until changed in the manner of giving notices as herein provided, shall be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469 -9277 To CSA: John Torrey Columbus Sailing Association President 7253 Yaupon Dr. Corpus Christi, Texas 78414 Page 15 of 16 Lease Agreement Re: Nina Amendments a. This AGREEMENT may not be amended except by written AGREEMENT approved by each of the PARTIES. b. No officer or employee of any of the PARTIES may waive or otherwise modify the terms in this AGREEMENT, without the express action of the governing body of the PARTY. c. The CSA shall notify the CITY prior to making any change to their name or the governance of the membership. Captions Captions to provisions of this AGREEMENT are for convenience and shall not be considered in the interpretation of the provisions. Approval This AGREEMENT will be effective upon execution by all PARTIES. EXECUTED IN DUPLICATE, EITHER COPY OF WHICH CONSTITUTES AN ORIGINAL. COLUMBUS SAILING ASSOCIATION 7253 Yaupon Dr. Corpus Christi, Texas 78414 BY: �► `� n Torrey, President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the me.,-c- i4 , 2010 by John Torrey, in the capacity herein stated. NOTARY PUBLIC, STATE OF TEXAS Page 16 of 16 Lease Agreement Re: Nin "a CITY OF CORPUS CHRISTI, TEXAS 1201 Leopard Street Corpus Christi, Texas 78401 BY: Angel Escobar, City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009 by Angel Escobar, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2010. FOR THE CITY ATTORNEY By: Deborah Walther Brown Assistant City Attorney City Legal Department $UAVEVORS & CONSULTANTS Capt. RRteneatt L. Frenzel Sant;- SNleiAMS, tNAMlS.CMs Survey Report No. iO$l)247C f: -C' Corpus Ctiris4l Museum of'kielue and History 1900 North Chap parr it Corpus Christi, 'IX 7840.1 'Wain w w,DIXIEL.ANDLIARIT4U,tt -orrt aa. h V; diekedixler ndnnsrine.rxjrn Pimp: 713.4A9 -A865 fax_ 713.993 -4541 nom Ottico. 1$00 rM 2439, La[rr lieu, TX 78949 tics eslbrafGatvusnun: PO Box 707, Seslhrc *, TX 77999 `` Date: 1C ikpri12 6 Attn: Rick Stryker, I ire:a Li r Ito: S/V"TTINA" CONDITION AND ASSESS?t1LLNT OF N} EDLIS REPAIRS. THIS IS TO CERTIFY that the uaderaigneai .Marine Surveyors, yors, did on 25.-28 March 2008, of the request of 1iie k Stryker., encl. for tke fleeuvnt of the City erCarpus Christi Muse'ii n r►f ' .•r Science and HHilatory, conduct as iala peetion of the subject Wood replica tA' 1$ ►a1 century Spanish carnet, while it vats lying afloat apt the Cr opus Christi Marina to Corpus Christi, TX in urckr to evaluate its current- vondition and make an i1SSk arrant 011ie necessary repairs. ATTENDING SiTitVicv R. L. E rela7,,el, Mining Surveyor J. C. Stormer, fr., Marino Surveyor DESCAIrricti Ownership: City of Corpus Christi, TX Owner's Address: 1900 North Chaparral, !Torus. Christi, TX 78401 3t'aial ATrr : C0034345 Gyros `foram a :57 Built in 1990 by Arsenal Naval Milker, Cartagena, Spain Repl lea. t '1?' eentoty Wave! ! Registered Length: 59.0' (T.cngtlt on de:c:k 701 Breadth: 22' tsrnft: 51-10' Diaipiaaeotent: 1 QII)•Iong tunas inton kd Service: Museum Ma k, display (see 'Note A). flair,' above WI ;r ran Wed or driernaked thew survey but t►Ngined from I i O.:1 P.51iX and provided by operator, {''riles Cioisdi Ahem= opS'r^iiarar.:el and /Kiatoty, Celebrating 1966 , 40 yrs. -11005 Conscientious Survtce Exhibit A l)ixhamatl'rTuairLe nejLtrt ilstr rl7C.NC^C O noMi i And Ammo-win i tdeeded Repu9rs i7 Apra 2,11x3 ]' ge 2 4 SCOPE', OF SURVEY The purpose of this inspection and report is to assess the repairs and rttplar;+:ruents rlec:mnry to bring the vessel to a sire condition and attrretiVe: appeairime , For the enjoyment of tnuseurn visitors while blocked asiat , J is nut intended to prnvide information on the repairs-that would be necessary to bring the vt .r.•,sul to ai conditiorn suitable !"or any ao iiviti€ s afloat, Vessel: was inspected while gloat. only. I-In I I axtcrior surface mad and rweter machinery arid hardware were NOT inspected. A large quantity of lead pigai use no holiest are secured in the bilges fermi bow to stem provesrlinrg aces to trames and plonking bcl*wthe hold decking. Beek hoards, ceiling, partitions, tanks, and rt Marge a;frrnouncof egpiptnerzt in the hold, only about 20 peroantof the lull framing and interior stud-ace could be observed. Locked compartments or othetwris, inaeoessible arms wet Itot inspected. Amass to some news wttx limitr,ci by tke unsafe condition of dedts and hnndmils. Thin. vessel was srtry eyed without removals of any parts, including lifting% I iner materials, screwed boards or panels, fined psattitions, iritntnventt,,stores, spate prttis maul miscellaneous maoorigls in the bilgAti and brokers, or other anted or semi -free d item's. SSpont and tiiggging Ware visrrat1t impeded tram on deck.:5trila were not inspected. No determination of gtabi thy characteristics Or inherent stru ctural integrity has beim'trade and no opinion is expressed thereto. This. snxuey repeat represvius the gietteral eunclition of they vessel on the dates of iospecti n specified. above, and is the unbiased opiaiort Maher undersignect it provides no guatrran cc elle vessel's condition on any later date_ This report is not to be coansicleted an inventory or a warranty, eiithci specifloci or implied. DESCRIPTION Static Museum display lying afloat alongside a eenct+ete pier. No In$t:�i si ladder r er gangway. No approved public aroma (*lanes not 'operating). Deal t .Charneterislice Replica of 1 5th century Spanish caravel Indic t° Minutiae the. characterisliws of Christopher Columbus' ship "Nina" 0_4 nearly us they enu.id ho dctcttn.ittod 01 lhu that• of construction, Hull Form: Displacement type hall with rounded bottom.. Sharp fral( bow with curved Minn that is modcrtrlaly rmke l art dbroihot rising to sverxiCat al heat Long straight !tool (reported) end lightly raked atoraapost with attached rudder. Curved cities with concave slicer, and transcmi !3t41Tr. Photo t. Bow aetd part etc* Disiafta sa Mint* lievurt Nu: 010(1167CC- C Cuatvliiliue and at, % urnvna or riesaut Replan ti April2f$ rage et/ aiiZVd4t. c;ture Former_ Raised formastle ferwarcl, and raised Ulf-deck aft. Bulwarks OR main sleek and she rccfastl ,. wood handrails one halt.deck.. Rig: Foremast and tttai,mmst each with yards for single sal iar .yr1ila, Ilelizzentaast with yard for lateen sail. Bowsprit apparently sat a single square sail, but yard not carnally set. t fr11 C ompilt7tJ 1, LLre Otte compartment consisting of to single hold below a Ituavi1y cambered deck, with nom - watertight partitions and lockers. P ioto 2, Slam and nlethOurd side. Cartrstrued%on: C.arvel planked with ITIULIVOTA framing system (see Neste A). planking is pine (t'e ottedly Spanish) appnaximately 211/2" thick (irnishwel dimension), Framing is desk rind .constructed crf sawn fataocks (curved overlapping pieces) approx.. 3'" x r on approx, 20" milers. Deck is 2 11 " x 5.112" (finished dimension) pine planking oyes oak beunns approx. 5" x 6" (finished dimension). Canines, stringers, knees, and other scantliings a comparable dimensions, Fastenings mad fitting/4 4v.tv steel, Paint has been, rsrncrvrnl from hull topsldes.aattd superrstructw and some unknown„ shall' ousting or preservative applied. Ballast is baud pip slacked in the bilges', salutes pigs 41.1112cand to !tonics,. The bilges are coverarti with statue plywood deck plates can wood feariiaag, The hold eciosins Pkwvoed head ca nprtinnes s, lockers,. and machinety covers. Most lamed surfaces below decks: are painted. Meals ruo rvulid rounded and draped wood (Douglas fir reported) with chafing strips at deck partners. They are chocked with wood wodps in the partners at the deck, and have squared heels Mkt' its wood mast steps on frames rod beams bQto v deck. Yards are constructed of two impend w sicl, spars overlapped at the butts and lashed with tarred lino. RI lug is beside natural and synthetic fiber three strand lout C hainpaiattes and other fittings are steel, Bins, chucks, mooring cleats,, etc, a woad (lately ) A Caterpiilerm, Mcdet 3208, diesel cosh*, Vain, and Shoilain" enister auc Ned. An tknanvd 6.5kW generator and 110.v sit shorepowerelectricatal system with main pane! and wiring MTV also installed. fEC©MMC1(DFD MAULS tinery 1. Remove and scrap the train- Emctionigg anginas, genes, and thruster, which ane in very posh axtrrditiaon, non Nil:4.iamA and debut from historical a.1 ssmar y dike ike n,plix t Mimic 3). Remove associated supports, covers. tanks, piping, flea hu.IBs, wiring, sitd batteries. 'Dixieland Marine Rupert Nie; 0B02e7CC -C Condition add Aesiasintat 4f Nether Rehr:( 177 Apri1201W PARR 017 2. Remove the Unruh'" clotrical generator not need 41 for present use, requiting ccantinuaxl maintenance, and detracting tt+otir hiistoricidi accuracy of the replica. May he salvageable for citl rer use, Retrieve- us;€eniartecl supports,, *COMM taniks, lsiping, t.hruR hulls, wfririg, geld bakeries. 3. Alter removal. of machinery and completion ni~hull and dock 1 pAlks have the remaiitiiirgt etet;trieni aystem. 4:v iunlecl by a marine electrician. Repair or replace wiring end pw ets to meet hate and nwnerq requirements, nal tEXterlor Hull exterior melding be daftly Impacted whiter 'atrt. .8ased an the hilireti011 alike Pinta and Santo Maria, ilo hed ashore, maths iitiiiiir 0111111Ufg r± 'if ilk ige, it is daorbyrti thug there is merlons- rot or other &toler+dation al the underwater Stull planking (sec ?irate B. page 7), 4, After healing, soda bins (see bete C) entire hall sue e to rmtwo coatings and enable identification of deterioration not visible under paint (*stings. 5. lnipect alit fastenings rind neplaee any low or deteriorated fasteniags. Replaeie loose or missing bogs Over fastenings. 6. After repairs to deteriorated wood, re -caulk ail seams and refinish holt .s dunce to meet owner "a requirements. i1 yr, Photo 3. Intcd t of held, NOW bibdty deteriorated engine (in foreground), lanka, end other items (behind), which prevented dull hull inepeotion, 7. Remove all diru tail! fittings (see #1 end #2 above.). Replace framing and planking in way of mimed thruster., thou- Bulls, and other fittints. IL &milieu and rudder ahrinkn qe cracks (part and starboard) to be filled and faired with prom epoxy compound and finished to meet owners. requirements (Pknt ) S). !(lull inieriiitr tA.4d heitott In bilges from brew to tterrr► (Plata 4), martin y, frisks, berthing, and huge rrrttrrarut of stores and equipment presented thneiferi inspection (sire Pinnav 3 & 4). Photo 4. Lauri Wag from dvrepeak t+o stem prevented inspection of frames in bilges. • Diskitind Malec itrpt+rl Ntr 0,802+11"tX -C Condition naai Mumma of Netdee fiep tin a 7 AprU 3iIUH 0. Remove all baling, stores, bathing, and other equipment . :S Must to remove paint, dirt, and tmi ttlew. After r etw vnl a nind sod blasting, thoroughly inspect all framing. 10. kentave crew head pmrtitinna and oeueg orics, restore. to "original" configuration. 11. Shrinkage cracks with significant separation ol'structure tfa port and starboard taf aternptrst (only partially accessible L o1iiiad generator, site Photo 5). inspect cai efu l ly uftc r f0.1710V111 of genera-ter and recur tti+a ra aFamz 1. 12, Replace framing 013 tritm rsu irlf in wary of rmwvcdi rnsaehin4ry, M.LUch 13. Main dock tttruotuce - am:Iy minor shrinkage 'cracks noted in beams and eni l ianes. Aker onnova 1 of deteriorated deck planking inspect for damage not currently vtsibla. 14. Main deck plaltkioag op to 40% with rot and alter ds raoration (ace Photo 5 ). Deck milking badly deteriorated throughout. out. Soda blast to remove remaining paint dirt, and mildew. Replteae any planking showing signs aaf: rot, replace missing bangs, atnd F€>" caulk ail deck warns.. 15. Forward and aft hutih cntanimgq have >,ap-arsltions and spots of sot. Inspect atia r fern tY tag surrounding deck, and repair stn required. Sulwar RI Jul gmatagsn 1 t . 1"nteteAti'e dock (triangtulsar 15' was x 9' tont.. planking in poor condition, rill to be mnr w d impart structum Aar c1'+eaaiing Anil planking ir9 removed. Repair structure as requited, replace and caulk deck planking... Replace deteriorated bits, knees, and cleats as original, 17. 1.1'alf -deck (approx.. 21' tong x.1 If•' wide forward, 10' 'w'ide of stern). Considerable dirt said tnitde w on hearths, ca rlinca, banging knees, and frames sripportktg ball -deck (sea Photo 7). Clean by soda blasting. 18. tlaif -4 k planking in poetrcondition, all to be removed. Inspect structure ash *cr cleaning and planking is reattoved. Repair structure as inquired; replace and caulk deck planking. 1 , flalt deck stanchions and Itau di iila to bu inspected after Nile& blasting, ra.'petr a.s required (cap on halt -aleck Mil has been replaced). 21P. Bulwark piankiitg and falling apparently in better condition than 'other C•oluntheH ships. inspect 15u Iwatk follies after Mid blaming, Repair ais requited. 2 L ktntwark cap rafts 11,11; r++ttcd, replace all US Orip,iluti Pole 5. $itrfakst+ sack (snow) between Stampdsl to left and l eit$eht frame. it.4.t.W i • rr•...• L6f��Tr Maks 5: IOW. panikettss deck in area at rot. bungs missing. Caulking detenleFaeted. Phatss 7. tart and tee>r'y mildew an frames, beams, and planking below hell -dsok Dix:Irianit Marlac Report ryrr: (1114134}7t :[:0,t: C'ulc, #ilium ;eml et M:MARIN A MI hrrxltvi. atom :17 A1erul lE11111 Pap ca or Awls pan 22. Llaw+tcr all masts and Spr'ars ror iin5puctiun.. 23. Repinet wiled mahatma( (c. Photo 11) as original. • 2.4. In pccr. and tapir ober lriiasl>x zmd yards; repair es required. 25. Replace chal , auld dat:rinrinarl rigging line (sue Motu 0). 24, I rnrn deg eyes, ringbolts, arid other rigging fittings are heavily wa.itecil by MM. Repltice aas uriginrl. gutter. ul 27. Pmviida r,9.11tpEs� ]ndifa , pri; uajs . and handrails, as necessity ftvr talky in arena accessible to die public: to meet appIirra.hla OSHA and applicable architectural atanctarsls.. Provide barriers to pretreat public access tru restricted arena. Photo B. Sarwdrivereasily pertelrates.4" Into oat in cosset, Mao 9.. Main 3hrtned chafed nearly Am u& en deck eye that is alrnnst completely vwuxtud try rust. Dtitteteiiii MevtatRepot No { ii'ICC.g Cumditinn nail Armament of 74crilCrl Renoir 17 Aril 21108 ?Age of NOTES: A. Although currently afloat, the intent ii to block Ihu vessel mammas a startle display. This should h@ acccauap is aul tits the very near future, If thou vesaarel were to remain anent Not reconuneerided); other work in addition to that described above woruliy be !mired immediately. It is considered imprstetleal to return this vessel to 2 condition soilage for senior. underway. t3, Although generally similar,. the quality of construction can this vessel aply to tc superior to the Phis and :lump Merin replicas_ Apparently, as a ressoh,110i% Wall appears to have significantly leas deterioration drop the Other tw ,. C. Sochi blasting is a reiastively new and effective method ai"removing paint, cattier °wrings, mildew, mod, 4!urr2212 ; it firma a varfr y of materiels including wood and metal without harming the underlying substs te, The soda blaisiting medium is ordinary sadism bicarbonate (baking ands) wh1219 i9 nontoxic, not barnafstl to the environment, and any to olcxn up. D:, }along With a 1ztrge amount of lead hollaast, eyuipreic t, and stores, the 10004b anchor will alma have to ho removed d before startled work. E. Any seintraclors t ,aiiderins bidding on die rrpeiir/rostoradon. oftbe vessel aro struiviy advised ta.tuutke their ostainsosetioa of the vessel. The dew ofera nl +lenity+ of the weak may neat ho fully apparent front this description.. riptioni.. Biidders should ulsn tun wider a 30% sew age for additional work due to hidden deterioration. REPORT iiut{Ma rEl) WITHOUT PREJUDICE. iN X f+T1,AND MARINE,. INC, .C.Sttirnsr,Jr., •., SAMS -ANl S, IAM'S CMS Richard L. Frenzel SA11M .314 +1AMS, NAMS•CMS City of Corpus Christi May 30, 2008 Summary notes from Rick Stryker's interview with Dick Frenzel of Dixieland Marine Surveyors & Consultants Q: What do you estimate the minimum cost will be to do the repairs and replacements, based upon current observations, necessary to bring the ships to a safe condition and attractive appearance for the enjoyment of visitors while blocked ashore? Pinta: $1 million Nina: $700,000 Santa Maria - $1.3 million Q: How might the City be able to get this work done? A: Maritime vessels are typically transported to ship yards where there are qualified and trained shipwrights. There are no shipyards in the Gulf Coast region qualified to work on wooden vessels of this type. While it might be possible to contract with a shipyard to send a crew down to do the work, but that option would be extremely expensive if you could find a shipyard willing to do this. The long term issue is maintaining the ships in good condition once they are rebuilt. The environmental conditions in Corpus Christi are such that a minimum crew size to maintain the ships is probably five or six skilled people. That might be prohibitively expensive. It might be possible to hire one highly skilled and experienced shipwright as a project supervisor who can hire and train people with basic skills applicable wooden vessels. Q: We know that skilled carpenters are paid in the range of $40,000 per year. What would a skilled shipwright expect to be paid? A: They would expect about double that in compensation. Q: What are the imminent hazards for Nina? A: Actually the Nina is my greatest concern due to its still being afloat. At some point dry rot will cause breaches between the hull planking and the ship will begin taking on water and might even sink. In a storm there is greater danger that the ship might sink. The metal fasteners that hold the planks to the frame are rusted and might not keep the hull together if it is stressed by the wave action of even a minimal strength hurricane. If this ship sinks the cost for recovery will be significant. In addition consideration should be given to removing the masts because they in a serious state of deterioration. I recommend that Nina be hauled out and stored on dry land (perhaps Gulf Copper or John Bludworth Shipyard) until it can be rebuilt. Q: What are the imminent hazards for Santa Maria? A: The decks and underlying framework of Santa Maria are rotted and no longer safe for access. In the short term, until reconstruction is completed, it should be closed to on board visitors and consideration should be given to removing the,masts because they can no longer be properly supported as designed. Q: What are the imminent hazards for Pinta? A: Actually Pinta is in better condition than Santa Maria. But the half deck is no longer sound and pieces of planking are failing down to the main deck where visitors walk. Q: What are some of other immediate concerns? A: There are still engines in the ships and they need to be removed to reduce stress on the hulls. Also there is considerable lead ballast in Nina and Santa Maria that should be removed as soon as possible to reduce stress on the hulls. Can the Columbus ships be used as passenger carrying vessels or as sail training vessels? The Columbus ships were built in Spain. The Jones Act does not permit foreign built vessels to carry passengers. Nina has never been certified for sail training use although a sail training program was offered in the 1990's. Especially as a City owned vessel, Coast Guard certification would be required. Assuming that Nina was in seaworthy condition, certification of the ships for sail training would require costly physical modifications. Nin "a and Pinta are 98 and 108 ton caravels designed after 15`l' century vessels. They were built with a minimum number of modem compromises and were intended to become dockside exhibits (as static museum pieces). Santa Maria is a 120 ton nao designed after 15th century vessels built with a minimum number of modern compromises. It was also intended to become a dockside exhibit. There is a set of three Columbus ship replicas on static display in Huelva, Spain. Under Spain's stewardship the Columbus ships were accompanied in open waters by a modern Spanish Navy frigate. During the 1992.American port to port tour the ships were towed between ports. Coast Guard standards for sail training vessels are significantly more stringent than they were when the ships were launched in 1989. Even when the ships were new and fully provisioned for the Atlantic crossing in 1991, they did not come close to meeting current sail training standards. In addition to certification of the ships, the crew would have to meet certification standards for training and experience on traditional sailing vessels. The typical mariner with a master's or mate's license would not qualify. Aside from their deteriorating condition, the most frequently encountered issue we face relative to the seaworthiness of the vessels is moving Nina. The engine drives a single Shottel thruster through one hydraulic reduction gear. This is precarious for maneuvering in tight spaces such as the Marina and in conditions involving anything above very light wind. In contrast, Pride of Baltimore 11 has twin screw propellers and bow thrusters. A few of the additional issues that would have to be addressed for the Columbus ships include measurement against stability criteria designed for traditional sailing vessels, installation of watertight bulkheads and elimination of cargo hatches. Tall Ships Down by Daniel S. Parrott details the incidents that led to the rapid development of regulation for traditional sailing vessels. Perhaps, the most influential incidents were the sinking of Marques in 1984 resulting in the death of 19 and the sinking of Pride of Baltimore in 1986 resulting in the death of 4. After the loss of Pride of Baltimore, the design for Pride of Baltimore 11 was significantly modified to obtain certification under SOLAS (Safety of Life at Sea), the most widely recognized international form of certification for a commercial vessel. 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2010 AGENDA ITEM: a. Motion authorizing the repair and or replacement of the entrance doors throughout the lobby of the Convention Center. b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $178,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. ISSUE: The Convention Center and Selena Auditorium have received minimal improvements and renovations since the Convention Center Expansion project was completed in 2004. During that expansion project, the Selena Auditorium was not included in any of the improvements. The City has identified various improvements that are necessary for the continued operational success of the facility. At this time, however, it is critical to move forward with the repairs and or replacement of the entrance doors to the lobby of the Convention Center. The balance of the improvements will be presented to City Council for approval at the second meeting in April, 2010. The City of Corpus Christi intends to issue Certificates of Obligation to fund the projects and expects to reimburse itself for certain prior capital expenditures in connection with renovations to the Convention Center and Selena Auditorium. A reimbursement resolution is required in order to receive reimbursement for preliminary capital expenditures paid or incurred by the City and associated with these projects prior to the issuance of the City's certificates of obligation. The reimbursement resolution is authorized pursuant to Section 1201.042, as amended, Texas Government Code and the Internal Revenue Code of 1986, as amended. REQUIRED COUNCIL ACTION: Approval of the motion authorizing the improvements to the Convention Center and the resolution expressing official intent to reimburse the cost of the project noted above. FUTURE COUNCIL ACTION: • April 20, 2010 — Motion authorizing the additional improvements to the Convention Center and Selena Auditorium. • April 20, 2010 — Ordinance approving financing team for the certificates of obligation. • April 20, 2010 — Adopt Notice of Intention Resolution and approve publication of Notice of Intention relating to the certificates of obligation. • May 25, 2010 — Ordinance providing for the issuance of certificates of obligation, in an aggregate principal amount not to exceed $178,000; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Motion and Resolution as presented. Kevin Stowers Cindy O'Brie Interim ACM — Administrative Services Assistant Director of Engineering Services Attachments: Background — Exhibit "A" Exhibit `B" Reimbursement Resolution BACKGROUND INFORMATION Convention Center /Selena Auditorium Capital Needs The Reimbursement Resolution for $178,000 will be part of a larger issuance to address a variety of maintenance issues. A complete program and schedule of repairs has not been finalized as certain vendors were not able to meet the schedule to present a complete program during the March 30, 2010 Council meeting. It was deemed important to not delay the $178,000 as that amount represents the costs of repairing and replacing Grand Lobby exit doors. Grand Lobby Doors Repair /Replacement — Door Repairs: The project will result in the repair of 30 doors and replacement of 12 doors. The doors to be repaired will have: • each door taken down • removal of each door's concealed vertical rod hardware and exit devices; • inspection of all door pivots, and replace any pivots that show excessive wear or cause the doors to not hang squarely in the opening; • re -hang doors and install new rim exit devices and repair any exposed holes left by the previous exi` device; • furnish & install new sergeant Series L980 key removable mullions in the center of each pair of doors for the rim exit device to lock into; • refinish removable mullions in anodized aluminum to better withstand the environment; and • remove the existing overhead concealed manual door closer and replace with heavy duty surface mounted manual door closer with delay action for enhanced accessibility convenience and safety. Door Replacement: The replacement of twelve doors will involve: • removal existing sets of interior and exterior manual swing doors at main entrance (2 pairs interior and 2 pairs exterior). • prepare the opening to accept (1) Horton Automatics Grand Segmented revolving door (13 foot diameter). • furnishing and installing Horton Automatics 13' Grand Segmented revolving door in clear anodized finish. Includes 2' round canopy, 1/4" clear tempered glass in drum walls, center showcase and door leafs. • Furnishing and installing clear anodized swing out panels to close off exterior side openings at throat of revolver to keep dirt and debris from collecting next to the drum wall • furnish & install (1) electric powered vertical hurricane shutter over exterior opening with exterior and interior key switches to raise and lower shutter. Shutter is Texas Department of Insurance windstorm compliant. A diagram showing the location of the doors being repaired and replaced is attached as Exhibit B. Exhibit A Page 1 of 1 H:\ HOME \KEVINS \GEN \CON VCTR\ CapitalNeeds \BackgroundMemoExhibitAv2. doc CIAl9 3NI1980HS CC 00 00 00 O N CC M^" as as ww Ce ww CO [d 00 I-- I- Exhibit B Page 1 of 1 24 COUNCIL MEMORANDUM RECOMMENDATION: Requested Council Action: 03/30/10 Alternate Date: 04/13/10 A. ORDINANCE APPROPRIATING $78,370.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 1; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $78,370.00; AND DECLARING AN EMERGENCY. B. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath, LLP of Irving, TX, for $78,370, to provide for an initial assessment, and for other related services ( "Phase 1 ") concerning the restructuring, outsourcing and privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents the initial assessment to City Council. Funding is to be appropriated in the General Fund in FY 09 -10. C. ORDINANCE APPROPRIATING $175,000.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 2; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $175,000.00; AND DECLARING AN EMERGENCY. D. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath, LLP of Irving, TX, for an amount not to exceed $175,000, to provide for the quantifying of projected dollar amounts of cost - saving/revenue enhancing initiatives, and for other related services ( "Phase 2 ") concerning the restructuring, outsourcing and privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents its results to City Council. Funding is to be appropriated in the General Fund in FY 09 -10. ****************************************************** * * * ** * * * * * * * * * ** * * * * * * * * * * * * *** Purpose: These service agreements will provide the City with a professional analysis of its municipal government functions and identify cost - saving and revenue - enhancing initiatives including, restructuring, outsourcing and privatization. This project consists of three Phases: Phase 1 consists of Crowe Horwath, LLP conducting an initial assessment, identifying numerous cost - saving /revenue - enhancing initiatives, (pared down to a list of those to be analyzed in Phase 2) and preparing and presenting a formal written report and findings to City Council. Duration: approximately March 24 — May 25, 2010. Requested Council Action: 03/30/10 Alternate Date: 04/13/10 Phase 2 consists of Crowe Horwath, LLP quantifying the projected dollar amount of cost - savings /revenue- enhancement attributable to each of the final initiatives identified in Phase 1 and preparing and presenting a formal written report and findings to City Council. The anticipated cost of Phase 2 is $100,000 - $175,000; the final amount is predicated on the number and complexity of initiatives identified. Duration: approximately May 26 — August 31, 2010. Phase 3 consists of implementing the final cost- saving/revenue- enhancement initiatives identified in Phase 1 and quantified in Phase 2. Phase 3 costs have not been determined at this time. However, the City will be billed at the same rates as in Phases 1 and 2. Duration: to be determined. Award Basis: In March 2010 the City issued a Request for Information (RFI), which was published on the Purchasing Division's webpage and shared with eight potential respondents. The City provided the firms with a set of specific questions, conducted interviews with the five firms that expressed interest, and carefully evaluated each firm's qualifications, project- approach and pricing. Crowe Horwath, LLP presents the best overall value to the City. Funding: Funding is to be appropriated in the General Fund. 1020 - 11030 - 530000 FY 09 -10 $253,370 Mi ael Barrera As istant Director of Financial Services Page 1 of 2 ORDINANCE APPROPRIATING $78,370.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 1; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $78,370.00; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $78,370.00 from the Unreserved Fund Balance in the General Fund No. 1020 is appropriated for Restructuring, Outsourcing & Privatization Services — Phase 1. SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed by increasing Expenditures in the General Fund No. 1020 by $78,370.00. SECTION 3. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 30th of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to foryt: 23- Mar -10 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor H: \LEG- DIR \VeronicaO\2. PURCHASING \1 AGENDA IT E M S \033010 \033010 ORD Approp 73,370 for Phase 1 Restructuring_ Privatizina. Consultina Services_doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\ EG- DIR \VeronicaO\2. PURCHASING \1 AGENDA IT E M S \033010 \033010 ORD Approp 73,370 for Phase 1 o....a....a..r:.... or6.nhGvinn L`nnenl4inn SarVices_doe Page 1 of 2 ORDINANCE APPROPRIATING $175,000.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 2; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $175,000.00; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL CHRISTI, TEXAS: SECTION 1. An amount of $175,000.00 from the Unreserved Fund General Fund No. 1020 is appropriated for Restructuring, Outsourcing Services — Phase 2. OF CORPUS Balance in the & Privatization SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed by increasing Expenditures in the General Fund No. 1020 by $175,000.00. SECTION 3. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 30th of March, 2010. ATTEST: Armando Chapa City Secretary APPRO ED as to for •23- Mar -10 By: f`�, Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR\VeronicaO\2. PURCHASING \1 AGENDA IT E M S \033010 \033010 ORD Approp 175,000 for Phase 2 Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR \VeronicaO\2. PURCHASING \1 AGENDA IT E M S \033010 \033010 ORD Approp 175,000 for Phase 2 25 TABLED ON MARCH 9, 2010 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 9, 2010 AGENDA ITEM: Ordinance amending Section 33 -16, Code of Ordinances, City of Corpus Christi to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward of the concrete portion of the Padre Island Seawall is closed to vehicular traffic; providing for penalties; providing for severance; providing for publication; and declaring an emergency. ISSUE: On May 20, 2008, City Council approved an ordinance establishing a curfew for the Seawall Parking Lot on Windward Drive from 12:00 am to 6:00 am. In a letter dated May 22, 2008, the General Land Office (GLO) stated its support of the curfew under two conditions including one stating that vehicular access seaward of the seawall is not restricted or altered. On February 23, 2010 City Council approved an ordinance to restrict vehicular traffic on the Gulf Beach seaward of the Padre Island seawall. An amendment to the Ordinance establishing the curfew must be approved to meet the conditions of GLO's support of the curfew. REQUIRED COUNCIL ACTION: In order to meet the GLO's conditions for supporting the curfew for the Seawall Parking Lot on Windward Drive, City Council must approve the amendment the ordinance establishing the curfew to allow a person to utilize the parking lot outside of the established curfew when any portion of the Gulf Beach seaward of the seawall is closed to vehicular traffic. PREVIOUS COUNCIL ACTION: May 20, 2008: Approved an ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Seawall Parking Lot on Windward Drive from midnight to 6 am; providing for penalties; providing for severance; and providing for publication. February 23, 2010: Approved an ordinance repealing Ordinance 027971, passed and approved on December 9, 2008, and amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach Seaward of portions of the concrete segment of the Padre Island Seawall and establishing a vehicle free area when the distance between the toe of the Seawall to the Mean High Tide Line is less than 150 feet in width; allowing the operation of vehicles within 50 feet of the water's edge when parking and when soft-sand conditions prevent the safe transit of vehicles on the upper beach; allowing two -way vehicular traffic on the Gulf Beach between the northern end of the Seawall and Padre Balli Park (Beach Access Road #4); establishing a pedestrian safe area in the area seaward of 50 feet from the Mean High Tide Line between the northern end of the concrete Seawall and the Packery Channel Jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the Seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. CONCLUSION AND RECOMMENDATION: Staff recommends City Council Ordinance amend Section 33 -16, Code of Ordinances, City of Corpus Christi to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward of the concrete portion of the Padre Island Seawall is closed to vehicular traffic; providing for penalties; providing for severance; providing for publication; and declaring an emergency. cir` Stacie A. Talbert Interim Director, Parks and Recreation staciet @cctexas.com (361)826 -3476 Attachments: Background Information May 22, 2008 from General Land Office to Mr. Johnny French BACKGROUND INFORMATION In May 2008 a curfew was established for Seawall Parking Lot on Windward Drive as a result of citizen complaints about loitering, perceived illegal activities, littering and safety concerns at local hotels after midnight. The curfew prohibits the use of or presence in the parking lot between midnight and 6:00 am. When the curfew was established for Seawall Parking Lot on Windward Drive in May 2008, the General Land Office supported the action under the following conditions: 1. The permanent roadway easements within 1,000 feet of each end of the Seawall affording vehicles access from the nearest public road to the beach must be maintained and remain open. 2. Vehicular access may not be restricted or altered seaward of the seawall. Due to erosion and safety concerns, on February 23, 2010 the City Council approved an ordinance to restrict vehicular traffic on the Gulf Beach seaward of the Padre Island seawall. An amendment to the Ordinance establishing the curfew must be approved to meet the conditions of GLO's support of the curfew. May 22, 2008 Mr. Johnny French jfrench @stx.rr.com Er\ E R .A [.., l[., .A ND OFFICE JERRY PATTERSON, COMMISSIONER Dear Mr. French: Thank you for your May 16, 2008 e-mail regarding the City of Corpus Christi implementing a daily midnight -to -6:00 am curfew for the Windward Drive parking lot adjacent to and north of the Holiday Inn on North Padre Island. During a January 22, 2008 initial discussion between the General Land Office (GLO) Beach/Dune Team and the City of Corpus Christi, the curfew was proposed because the City Parks and Recreation Department staff received reports of loitering and perceived illegal activities taking place in the parking lot, and there were concerns for the safety of guests staying at the adjacent and nearby hotels and for the public in general after midnight. The GLO has; no objections to the proposed daily curfew, which projects to enhance public safety, under the following conditions: • The permanent roadway easements within 1000 ft of each end of the seawall affording vehicles access from the nearest public road to the beach must be maintained and remain open. ■ Vehicular access may not be restricted or altered seaward of the seawall.' If you have any further questions or comments, please contact me at (512) 463 -9215 by phone or by e- mail at eddie.fisher @glo.state.tx.us. You may also contact Rob Conti, P.G., by phone at (512) 463 -9311 or by e-mail at rob.eonti @glo.state.tx.us. Eddie Fisher Director of Coastal Protection Coastal Resources Program Area 1 Texas Natural Resources §61.017 (c) (1) ( C ) Stephen F. Austin Building • 1700 North Congress Avenue • Austin, Texas 78701 -1495 Post Office Box 12873 • Austin, Texas 78711-2873 512 -463 -5001. 800 - 998 -4G1,0 waw.glo.state.tx.us I1Iul'II11auuuuIl -11.a a1a11hIIIulIIfauira 1111111111111111111 111111111111 IIIInimufaaIuIIu IIIuu.IlauI1/11111MR1 lIIIfahIulIIuIuiuia . . muummmummott ■a:)ammarammaaa II%IImul'alhIIIfafium 1 1 '111 1 11 1 1 1 1 IL 1 0 maralti mu i i 11111 >IdYd I11V9 3 10'ttd 11 I 1 1 1 1 111 11 v z co m :BE 44): 1 mmou$f4t ,��t1' ` trarovii% 41 14,4 tlff f/f T #rJlf `�rrffJj%rJ1 �:� :ilft��J(�fff�fJ� { Page 1 of 3 ORDINANCE AMENDING SECTION 33 -16, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW PARKING ON THE SEAWALL PARKING LOT ON WINDWARD DRIVE WHEN ANY PORTION OF BEACH SEAWARD OF THE CONCRETE PORTION OF THE PADRE ISLAND SEAWALL IS CLOSED TO VEHICULAR TRAFFIC; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 33- 16(d), Code of Ordinances, is revised to read as follows: "Sec. 33 -16. Seawall Parking Lot on Windward Drive par et -hours of operation. "(a) In this section, Seawall Parking Lot on Windward Drive parking-lot means the City of Corpus Christi parking lot that is adiacent to the Padre Island concrete seawall, and is located in the 14900 block of Windward Drive. "(b) A person commits an offense if he enters or remains on the Seawall Parking Lot on Windward Drive parking-let -from midnight to 6:00 a.m. "(c) A person commits an offense if he allows a vehicle under his control to remain on the Seawall Parking Lot on Windward Drive parking -let -from midnight to 6:00 a.m. "(d) It is an affirmative defense to prosecution under this section that the person: "(1) Was a government employee in performance of official duties at the time the person entered or remained on the Seawall Parking Lot on Windward Drive- par-king-lot; "(2) Entered or remained on the Seawall Parking Lot on Windward Drive because of an emergency which affected the physical well- being or property interests of himself or another; or "(3) Entered or remained on the Seawall Parking Lot on Windward Drive mat the direction of a peace officer. "(4) Entered, remained, or allowed a vehicle under his control to remain on the Seawall Parking Lot on Windward Drive when any portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall is closed to vehicular traffic." SEAWALL PARKING LOT CURFEW -- 03042010 Page 2 of 3 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. 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 4, 2010 R. Jay Reining First Assistant City Attorney For City Attorney SEAWALL PARKING LOT CURFEW -- 03042010 Joe Adame Mayor Page3of3 Corpus Christi, Texas day of , 2010 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott SEAWALL PARKING LOT CURFEW -- 03042010 26 NO ATTACHMENT FOR THIS ITEM 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Status of Street Maintenance Plan STAFF PRESENTER(S): Name 1. Oscar Martinez 2. Valerie Gray 3. Andy Leal OUTSIDE PRESENTER(S): Name 1. None 2. 3. March 30, 2010 Title /Position Department Assistant City Manager Director of Storm Water & Street Operations Assistant Director of Street Operations Title /Position Organization BACKGROUND: This presentation gives an update on the City's plans to maintain and upgrade the streets of Corpus Christi. REQUIRED COUNCIL ACTION: None Oscar R. Martinez Assistant City Manager (361) 826 -3897 oscarm @cctexas.com PowerPoint Supplemental Information IOW to 4.• 4.• (I) w w L O au .. to O w V z O V Five Strategies: • Identify Funding Requirements • Develop Funding Plan • Council Recommendation and Plan Implementation law 13 0) c ■a p CU 73 M CI) u V a W -p •� i 0_ 0) . _ .0 V = a) i p �Ze ID ����zo O �E5U� M. c�0Ea� oL cu ai ,-1 p in, _ o V) V C ,„m 0 0 I fp 0 ra • i-2 g 3 a V fg `4=1._ -2 ma) 9 E E Ta) aj CU '5. 4-) 0' o -tea >iw e- t/) O V Ln •� o = > D 00 00 p p i 00 V co = Nib • • • DO V • • * Based on Street Inspections Between 2005 and 2008 (n N N N E E .E 'E - N kr CO N N00M Residential streets 4--▪ J N 4-) (1) To a) • • To 0 0 *Presently gathering data from other cities to compare standards Factors that contribute to street condition: Street Design Standards Frequency of Construction Inspection Under Funded Lifecycle Replacement 111 OPERATIONS: 1986 Bond $46.7M ** 2000 Bond $20.8M ** 2004 Bond $68.3M ** 2008 Bond $104.6M ** CU 0 •— 15 Q) 0 a) E cu 2 E 0 V) a) • • • • 31-1( 0 .0 au SZL 4a V CU • W V _ •FV • • ,w 11 ria 4.+ ';"' DC c w cu Lie t Utility cut repair • • Q Tu J Reconstruction: Street rework /reclamation Preventative Maintenance: • 4J (0 Q� co co V) V • • O 1-1 N L L L L fp p Reconstruction L a) a) (f) c0 L a) 0 03 U Construction * Spot repairs throughout street life. 0 m 0 L(1 Total Rehab 0 O O Ln N CO O O O N O O O N Street Bond 0 O O O N O O O co O O O Lli N lD 0 O O O m CO Recommended ri Lr) N N 0 N N; a) U : U C Ci'' CU C CO 2 a) C a) a) L 3. L" cn C`. W 4- J C' `' hA .N a) 0; A co a) > 0 Reconstruction tenance levels. ) c C IT 0 3 '5 .> c u9 ' Es u) • ti. O x • 15 .2 a) a, t.) 0 0 rti cp • CL Si Developing Street Maintenance Survey II= 0 (1) C O 0 U) > liC4./ lig lingl 0 13 2 to c• al • til _ c a) to 3 = (ti Rs" lig Tirti IE E 2 = a C• • • • • • • • • • ■I 1-4 Develop Street Maintenance Survey U fa who a) i ..1 w rid Ira 4- o a March 2010 fa fa E fa 0 tN Rs y; • oj _ E w c� L ._ v. r2 klm O 'p 1.L. c CA W May -July 2010 Develop Funding Plan • August 2010 .o iQ •• a) E E n. a) u a) wila 5 ri I . w w w L .w u) QUESTIONS? 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY2009 -2010 2 "d Quarter Budget Performance Report. STAFF PRESENTER(S): Name 1. Cindy O'Brien 2. Constance Sanchez 3. Eddie Houlihan BACKGROUND: Title /Position Department Interim ACM - Administrative Services Interim Director of Financial Services Assistant Director of Financial Services REQUIRED COUNCIL ACTION PowerPoint Supplemental Information Under Separate Cover X X Eddie Houlihan Asst Director of Financial Services EddieHoRcctexas.com (361)826 -3792