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Agenda Packet City Council - 08/19/2003
CITY co NCIL AGENDA AUGUST 19, 2003 illip D I7c� 11:00 A.M. - Packery Channel Groundbreaking Ceremony 1:45 P.M. - Demonstration of Fire Department Emergency Equipment (Staples Street Parking Lot) AGENDA CIOF CORPUS CHRISTI, TEXAS EGULAR COUNCIL MEETING CI HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 19, 2003 2:00 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 provide an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earli r. Please speak into the microphone located at the podium and state your name and address. Your presentation will be li led to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Sec tary. Si ud. Desea dirigirse al Concilio y cree qi a su ingi6s es limitado, habr8 un int6rprete ingles-espahol en todas las juntas del Concilio para ayudarie. Persons with disabilities who plan to attehd this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-480-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by [Pastor Steve Hartwick, First Baptist Church. 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 Samuel L. Neal, Jr. Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott E. MINUTES: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Approval of Regular Meeting of July 22, 2003. (Attachment # 1) Agenda Regular Council Meeting August 19, 2003 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Building Code Board of Appeals * Business Resource Center Committee * Cable Communications Commission ' Community Youth Development (78415) Program Steering Committee * Park and Recreation Advisory Committee 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 forreconsideration 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 fumished 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) Agenda Regular Council Meeting August 19, 2003 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a supply agreement with Jones & Cook Stationers, Corpus Christi, Texas for office supplies, copy paper, office furniture, ribbons, tone(and supplies, copier equipment and accessories, computer equipment accessories and office machines/equipment in accordance with Bid Invitation No. BI -0109- 03 based on best value for an estimated three-year expenditure of $2,880,258. The term of the contract will be for three years, subject to annual appropriation with an option to extend for up to two additional years, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2003-2004 and will be requested for all subsequent years. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a deferment agreement that would allow the Director of Engineering Services/City Engineerto approve the final plat for filing for Driscoll Children's Hospital Urgent Care -Simpson Drive in advance of completion of seventy-five percent (75%) of the required public improvements by the developer, upon developer posting a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project; as authorized by Section V, Paragraph A, subparagraph 3.b(3) of the Platting Ordinance. (Attachment # 4) 5.a. Ordinance appropriating $73,471.60 in unappropriated interest earnings from Water Capital Improvement Program Fund No. 4081; for the North Navigation Boulevard Pumping Plant Contract No. 3 regarding a 36" diameter water transmission main; amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $73,471.60. (Attachment # 5) 5.b. Motion authorizing the City Manager or his designee to execute a Change Order No. 1 with Jalco, Inc. of Houston, Texas in the amount of $73,471.60 for the North Navigation Boulevard Pumping Plant Contract No. 3 regarding a 36" diameter water transmission main. (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant.) (Attachment # 5) Agenda Regular Council Meeting August 19, 2003 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.a. Ordinance appropriating $122,222.85 from the unappropriated interest earnings and $30,157 from unappropriated miscellaneous revenues from Wastewater Capital Improvement Program Fund No. 3430; and appropriating in Wastewater Capital Improvement Program Fund No. 3430; appropriating $46,400.15 from the unappropriated interest earnings from Wastewater 2002 Capital Improvement Program Fund No. 4244; and appropriating in Wastewater 2002 Capital Improvement Program Fund No. 4244 for the Oso Water Reclamation Plant Effluent Re -Use Pump Station; amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $198,780. (Attachment # 6) 6.b. Motion authorizing the City Manager or his designee to execute Amendment No.1 to the Engineering Services Contractwith Urban Engineering of Corpus Christi, Texas in the amount of $198,780 for a total re -stated fee of $222,630 for the Oso Water Reclamation Plant Effluent Re -use Pump Station. (Attachment # 6) 7.a. Ordinance appropriating a $107,252.19 insurance settlement in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; amending the FY 2003-2004 Operating Budget adopted in Ordinance No. 025394 by increasing appropriations by $107,252.19. (Attachment # 7) 7.b. Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Moorhouse/Beecroft, Joint Venture, LLC of Corpus Christi, Texas in the amount of $126,892 for flood damage repairs to existing convention center doors, frames and elevators. (Attachment # 7) 8.a. Resolution determining the necessity for and ordering the improvement of the following highway in Corpus Christi, Nueces County, Texas: Laguna Shores Road from Mediterranean to Caribbean; specifying that certain of these improvements will be paid for partly by the City and partly by assessments, while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk. (BOND ISSUE 2000) (Attachment # 8) Agenda Regular Council Meeting August 19, 2003 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8.b. Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: Laguna Shores Road from Mediterranean to Caribbean; approving the Director of Engineering Services Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during September 30, 2003 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. (BOND ISSUE 2000) (Attachment # 8) 9. Resolution recognizing the public necessity of acquiring waterline, surface site, access and construction easements for the Rincon Bayou Diversion Pipeline, Project No. 8416 for a water pipeline and pumping station in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Engineering Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $39,400 for the Corpus Christi International Airport Entrance Roadway Overlay Project. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Engineering Services Contract with Anderson Group Construction Management, Inc. of Corpus Christi, Texas in an amount not to exceed $138,100 to assume project management duties for the Corpus Christi International Airport Terminal Project through December 2003. (Attachment # 11) Agenda Regular Council Meeting August 19, 2003 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract With Berry Contracting, Inc. of Corpus Christi, Texas in the amount of $59,200 plus $1,100 in closing costs for the purchase of fee simplje property rights for Parcel 8E, being 15.849 acres out of Abstract No. 986, John H. Gallagher Land, located south of the Corpus Christi International Airport (CCIA) between County Roads 2292 and 763 in connection with the Corpus Christi International Airport Expansion Project, and for other municipal purposes. (Attachment # 12) 13.a. Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Entitlement Grant No. 3-48-0051- 035-2003 for the amount of $1,538,373 for terminal improvements and rehabilitation of Runway 13-31. (Attachment # 13) 13.b. Ordinance appropriating $1,538,373 from the Federal Aviation Administration Entitlement Grant No. 3-48-0051-035-2003 into Airport Capital Improvement Program Fund 3020 for terminal improvements and rehabilitation of Runway 13-31; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373. (Attachment # 13) 14.a. Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Entitlement Grant No. 3-48-0051- 034-02 for the amount of $1,538,373 for Terminal Improvements, Phase II and Airport Drainage, Phase III. (Attachment # 14) 14.b. Ordinance appropriating $1,538,373 from the Federal Aviation Administration Entitlement Grant No. 3-48-0051-034-02 into Airport Capital Improvement Program Fund No. 3020 for Terminal Improvements, Phase II and Airport Drainage, Phase III; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373. (Attachment # 14) 15. Resolution authorizing the City Manager or his designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2003-2004 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. (Attachment # 15) Agenda Regular Council Meeting August19,2003 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaPJ) 16.a. Resolution amending Resolution No. 025124 which authorized submission of grant application to the State of Texas, Criminal Justice Division, for funding eligible under the FY 2002 Juvenile Accountability Incentive Block Grant Program to fund a program to reduce juvenile delinquency, improve the Juvenile Justice System and increase the accountability for juvenile offenders; and accepting a grant of $131,018. (Attachment # 16) 16.b. Ordinance appropriating $131,018 grant from the State of Texas, Criminal Justice Division Office of the Govemor, in the No. 1061 Police Grant Fund; transferring $13,103 from No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as matching grant funds to continue to operate a Juvenile Court within Municipal Court. (Attachment # 16) 17. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 regarding Municipal Court collection fee; and providing for penalties. (Attachment # 17) 18.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. (Attachment # 18) 18.b. Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Funds for funding available under the Victims of Crime Act (VOCA) Fund. (Attachment # 18) 19.a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety Division of Emergency Management under the F¥2002 Pre-Disaster Mitigation Program in the amount of $40,000 for development of a pre-disaster mitigation action plan with an in- kind city match of $13,333 and a total project costs of $53,333. (Attachment # 19) 19.b. Ordinance appropriating $40,000 from the Texas Department of Public Safety Division of Emergency Management under the FY- 2002 Pre-Disaster Mitigation Program in the No. 1063 Emergency Management Grants Fund for development of a Pro-Disaster Mitigation Action Plan. (Attachment # 19) Agenda Regular Council Meeting August19,2003 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19.c. Resolution authorizing the City Manager or his designee to execute Coastal Bend Mitigation Action Plan Intedocal Cooperation Agreement. (Attachment # 119) 20. Motion authorizing the City Manager or his designee to execute the annual software/hardware maintenance renewal with Kronos, Inc. of Chelmsford, Maryland in an amount not to exceed $43,875.37 for software and hardware replacement support. (Attachment # 20) 21. Motion authorizing the appointment of Sheila Rogem to an Arts and Cultural Commission ad hoc peer panel consisting of arts professionals and community peers to make a recommendation for Airport "Percent for Art" Project. (Attachment # 21) 22. Resolution approving the amendment of Appendix A, Regional Health Awareness Board, tothe Intedocal Agreement to Promote Community Dialogue on Regional Health Awareness with Nueces and San Patdcio Counties relating to the coordination between the Regional Health Awareness Board and other City and County boards, commissions and advisory committees. (Attachment # 22) 23. First Reading Ordinance - Amending a five-year lease with Bayfest, Inc. approved by Ordinance No. 023972 to conduct a festival and related activities on the sidewalks, medians and seawall along Shoreline Boulevard from Interstate Highway 37 to the convention center complex, the barge dock and adjacent bay waters and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets (premises) and to revise dates for years 2003 and 2004. (Attachment # 23) 24. Second Reading Ordinance - Amending the platting ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund and authorizing the use of the Sanitary Sewer Trunk System Trust Fund for the installation of trunk force mains and lift stations by adding the Storm Water Collection Sewer Trust Fund and by revising the procedures for obtaining reimbursements to developers from all of the Infrastructure Trust Funds; and providing for an effective date. (First Reading - 7/22/03) (Attachment # 24) Agenda Regular Council Meeting August19,2003 Page 9 25.a. 25.b. 25.C. 26.a. 26.b. 27.a. 27.b. PUBLIC HEARINGS: AD VALOREM TAX RATE: Public Headng on the ad valorem tax rate. (Attachment # 25) Motion amending Motion No. 2003-267 rescheduling the date of the adoption of the ad valorem tax rate of $0.644175 per $100 valuation from August 26, 2003 to September 9, 2003. (Attachment # 25) Motion amending Motion No. 2003-268 rescheduling the public headng on the ad valorem tax rate from August 19, 2003 to August 26, 2003 during the regular City Council Meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 25) STREET RIGHT-OF-WAY: Public hearing to consider vacating and abandoning a 1.314 acres tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of Lots 14,15,16,17,18, & 19, Section 22, Flour Bluff and Encinal Farm and Garden Tracts. (Attachment # 26) Ordinance vacating and abandoning a 1.314 acres tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of Lots 14,15,16,17,18 & 19, Section 22, Flour Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. (Attachment # 26) Public hearing to consider vacating and abandoning a 34,404.18- square foot portion of a dedicated 60-foot wide undeveloped right- turn public right-of-way between Blocks B and C, Island Business Center, Unit 1. (Attachment # 27) Ordinance vacating and abandoning a 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped dght-tum public right-of- way between Blocks B and C, Island Business Center, Unit 1; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Augu~ 19,2003 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 28. Case No. 0603-02, Mike Ya~rouqh: A change of zoning from a "R- lB" One-family Dwelling District to a "B-1" Neighborhood Business Distdct on Yarbrough Addition, Lots 4 and 5, located on the west side of Aidine Road and 600 feet south of Holly Road. (Attachment # 28) Planning Commission and S~frs Recommendation: Approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Mike Yarbrough by changing the z~ning map in reference to Lots 4 and 5, Yarbrough Addition, from 'R-lB" One-family Dwelling District to "B-1" Neighborhood Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 29. Case No. 0603-04, Paul S. Vera: A change of zoning from a "R-1 B" One-family Dwelling District and "B-l" Neighborhood Business District with a aSP" Special Permit to a "B-4" General Business District on Laguna Acres, BlOck 1, Lot 12 and a portion of Lot 11, located at the southeast comer of Home Road and Teresa Street. (Attachment # 29) Planning Commission and Sl~affs Recommendation: Denial of the UB-4" District, and in lieu thereof, approval a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct the building expansion setback subject to a site plan and 10 conditions. Agenda Regular Council Meeting Augu~ 19,2003 Page 11 30. 31, ORDINANCE Amending the Zoning Ordinapce upon application by Paul S. Vera by changing the zoning map it~ reference to Laguna Acres, Block 1, Lot 12 and a portion of Lot 1 !, (currently zoned "R-lB' One-family Dwelling District and "B-I"/SI? Neighborhood Business District with a special permit) by granting a special permit for an auto repair use and to correct the building expansion setback subject to a site plan and ten (10) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0603-06, Coastal I~inq, Ltd.: A change of zoning from a "B-1" Neighborhood Busines~ District and "A-1" Apartment House District to a "B-4" General Business District on Roseland Place, Block 4, Lots 3 and 5, located west of Crosstown Expressway and at the northeast intersection Of Home Road and Rambler Street. (Attachment # 30) Planninq Commission and Sl~affs Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Coastal King, Ltd. by changing the zoning map in reference to Roseland Place, Block 4, Lots 3 and 5 from "A-1" Apartment House District and "B-1" Neighborhood Business District to "B-4" General Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0603-07, Joe Adarne: A change of zoning from a "B-3" Business District and "B-4" General Business District to an "1-2" Light Industrial District on Island Business Center, Block A, Lot 8, located north of Knickerbocker Street and 200 feet east of Waldron Road. (Attachment # 31) Planninq Commission and Sl~affs Recommendation: Denial of the "1-2" Light Industrial District, and in lieu thereof, approval of a special permit for a distribution/warehouse facility subject to three (3) conditions. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Augu~ 19,2003 Page12 32. 33. ORDINANCE Amending the Zoning Ordinance upon application by Joe Adame by changing the zoning map in reference to Island Business Center, Block A, Lot 8, (currently zoned "B-3" Business Distdct and "B-4" General Business District)by granting a special permit for a distribution/warehouse facility subject to three (3) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0603-08, Robert ~and Dahlia Schulte: A Specific Use Permit for a Bed and Breakfast Home with Special Events on Markamay Estates, Lot 2, located on the west side of Ocean Drive approximately 200 feet south of Hewit Ddve. (Attachment # 32) Planninq Commission's Recpmmendation: Approval of a Specific Use Permit for a Bed andBreakfast Home with Special Events subject to a site plan and twelve (12) conditions. ORDIiNANCE Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte by changing 'the zoning map in reference to Lot 2, Markamay Estates (currently zoned "R-lA" One-Family Dwelling District) by granting a Specific Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and twelve (12) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0703-01, Bryan Tqcker: A change of zoning from a "R-2" Multiple Dwelling District to a "R-lC" One-family Dwelling Distdct on Flour Bluff and Encinal Farm and Garden Tracts being 6.60 acres out of the south portion of Lot 14, Section 26, located north of County Road 26a and east of Quail Springs Drive. (Attachment # 33) Planninq Commission and Staff's Recommendation: Approval of a "R-lC" One-family Dwelling District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August19,2003 Page13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at t~e end of the agenda summary) ORDI~IANCE Amending the Zoning Ordina by changing the zoning map Farm and Garden Tracts, beil from "R-2" Multiple Dwelling District; amending the corn deviations from the existing 3ce upon application by Bryan Tucker n reference to Flour Bluff and Encinal Ig 6.60 acres out of Lot 14, Section 26, ;)istfict to "R-1 C" One-family Dwelling ~rahensive plan to account for any ~)mprehensive plan. Case No. 0703-02, D & J Lar~d Company, Inc.: A change of zoning from a "R-lB" One-family DWel!ing .District to a "B-1" Neighborhood Business Distdct on Tract 1~, B-4 General Business Distdct on Tract 2 and "'1'-1C" ManufactUred Home Subdivision on Tract 3. The property is on H.L. Kinney Lands, Don Patdcio Subdivision, being 33.64 acres out of Pamel 1, located south of Interstate Highway 37 and west of Lantana Street. (Attachment # 34) Planninq Commission and Sl~afrs Recommendation: Approval of a "B- 1" Neighborhood Business Distdct on Tract 1, "B-4" General Business District on Tract 2 and "T-I!C" Manufactured Home Subdivision on Tract 3. ORDINANCE Amending the Zoning Ordinance upon application by D & J Land Company, Inc. changing the zoning map in reference to H.L. Kinney Lands, Don Patdcio SubdiviSion, being 33.645 acres out of parcel 1, from "R-lB" One-family Dwelling District to "B-l" Neighborhood Business District on Tract 1, "B-4" General Business District on Tract 2 and "T-lC" Manufactured Home Subdivision District on Tract 3; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. ZONING AND PLATTING '~EXT AMENDMENTS: 35.a. Public hearing to consider text amendments to the Zoning and Platting Ordinances related to applicable fees. (Attachment # 35) 35.b. First Reading Ordinance- Amending the Zoning Ordinance bY deleting the published fees. (Attachment # 35) Agenda Regular Council Me~ing August19,2003 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 35.c. First Reading Ordinance-Amending the Platting Ordinance bydeleting the published fees. (Attachment # 35) PRESENTATIONS: Public comment will not be solicited on Presentation items. 36. Update on services and benefits provided by the County Veteran's Services Office (No Attachment) 37. Neighborhood Initiative Pilot Program in the Cunningham and Chula Vista Neighborhoods (Attachment # 37) 38. Report on Local Homebuyer Programs for City employees (Attachment # 38) Kw REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 39. Resolution recognizing the Mexican Matricula Consular Card as a form of photographic identification. (Attachment # 39) 40. Resolution granting a variance under section 4-5(F), Code of Ordinances, to Corpus Christi Police Officers' Association to operate an on-premises alcoholic beverage establishment located at 3122 Leopard Street. (Attachment # 40) 41, Resolution authorizing the City Manager or his designee to submit an application for a Regional Facility Planning Grant in the amount of $500,000 to the Texas Water Development Board for the development of a large-scale seawater desalination demonstration project in Corpus Christi with an offer to provide an in-kind match valued at $230,000 and a total project costs of $730,000. (Attachment # 41 ) 42. Motion authorizing the City Manager or his designee to negotiate a contract with Service America Corporation d/b/a Centerplate of South Carolina to provide food & beverage services for the Bayfront Plaza Convention Center and new Multipurpose Arena in accordance with the Request for Proposal No. BI-0027-03-A. (Attachment # 42) Agenda Regular Council Meeting August19,2003 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of He agenda summary) PUBLIC COMMENT FROM SCHEDUI Fn ON THE APPROXIMATELY 5:30 P.I~ MEETING, WHICHEVER PRESENTATIONS TO THI ADDRESS THE COUNCIL THE AUDIENCE ON MATTERS NOT AGENDA WILL BE HEARD AT . OR AT THE END OF THE COUNCIL IS EARLIER. PLEASE LIMIT ~,EE MINUTES. IF YOU PLAN TO )URING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE pEAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please spe~k into the microphone located at the podium and state your name and address. If y~u have a petition or other information pe~aining to your subject, please present it tq the City Secretary.) Si usted se didge a la junta y cree que su ingl~s es limitado, habrO un int~rprete ingl~s-espaf~ol en la reunion de la ]unta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, oR SHOWANYPERSONAL DISRESPECT FOR ANY MEMBER OF THJ~ STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng 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 e~ecutive session on the following matfers. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authodTJng the executive session will be publicly announced by the presiding office. 43. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for minor league baseball stadium with possible discussion and related action in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief Agenda Regular Council Meeting August19,2003 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) discussions regarding city-related matters. 44. CITY MANAGER'S REPORT Upcoming Items 45. MAYOR'S UPDATE 46. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's, official bulletin board at the front entrance t( City Hall, 1201 Leopard Street, at ~;/~' p.m.~rb~,. /~'- . 2003. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled c~ouncil meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monda morning. Symbols used to highlight action item that implement counc priority Issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 22, 2003 - 10:03 a.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: * Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta * Arrived at 10:05 a.m. ABSENT. Mayor Pro Tem Melody Cooper Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 Neal called for approval of the minutes of the regular Council meeting of July 8, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Commission on Children & Youth Detective Angie Rendon (appointed) Rosa Balderas (reappointed) Vicky Alexander (reappointed) Gloria Jackson (reappointed) Lauren Ranly (reappointed) Melissa Madrigal (reappointed) Storm Water Management Advisory Committee Willard Hammonds II (reappointed) W. Greg Carter (reappointed) Robyn Cobb (reappointed) Dr. Hector Estmda (reappointed) Richard Haynes (reappointed) Claudia L. Lobell (reappointed) Water Resources Advisory Committee Carola Serrato (reappointed) Kimberly Stockseth (reappointed) Jon Kiggans (reappointed) Capt. Paula Hinger (reappointed) Corpus Christi Convention and Visitors Bureau Vangie Chapa (appointed) Pat O'Boyle (appointed) -1- Minutes - Regular Council Meeting July 22, 2003 - Page 2 Storm Water Management Adviso~ Committee (cont.) Henry Nuss (reappointed) Ed A. Lopez (reappointed) Leon Loeb (reappointed) Ted Stephens (reappointed) Dan Winship (reappointed) Mayor Neal called for consideration of the consent agenda (Items 3-28). City Secretary Chapa announced that Council Member Kelly would be abstaining from the discussion and vote on Item 23, Council Member Chesney would be abstaining from the discussion and vote on Item 24, and that Council Member Noyola would be abstaining from the discussion and vote on Items 24, 26 and 27. Council members requested that Item 8 discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 28, constituting the consent agenda, except for Item 8, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Cooper was absent. (NOTE: Kelly abstained on Item 23; Chesney abstained on Item 24; Noyola abstained on Items 24, 26, and27) 3. MOTION NO. 2003-249 Motion approving the purchase of three all terrain vehicles from Amigo Power Equipment of Edinburg, Texas in accordance with Bid Invitation No. BI-0119-03 based on low bid for the total mount of$28,198.50. The vehicles will be used by the Water Department and are replacement upgrades to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY 2002-2003. 4. MOTION NO. 2003-250 Motion approving the purchase of nine (9) submersible pumps ranging from 5 horsepower to 35 horsepower from Peeeo of Corpus Christi, Texas in accordance with Bid Invitation No. BI-0131-03 based on the only bid for a total amount of $63,326. These pumps will be used by the Wastewater Department. Funds have been budgeted by the Wastewatcr Department in FY 2002-2003. 5. MOTION NO. 2003-251 Motion approving a supply agreement with DPC Industries, Inc. of Corpus Christi, Texas for approximately 1,150,600 pounds of Sodium Hypochlorite Solution in accordance with Bid Invitation No. BI-0112-03 based on low bid for an estimated six-month expenditure of $480,720.68 of which $40,060.06 is for FY 2002-2003. The term of the contract will be for six months with an option to extend for up to four additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewatcr Depa~hnent in FY 2002-2003 and requested for FY 2003-2004. -2- Minutes - Regular Council Meeting July 22, 2003 - Page 3 10. 11. MOTION NO. 2003-252 Motion approving the purchase of traffic signal equipment fi.om the following companies for the following amounts in accordance with Bid Invitation Nos. BI-0122-03 and BI-0132- 03 based on Iow bid and only bid for a total amount of $225,40 I. Funds have been budgeted by the Street Department in FY 2002-2003. Control Technologies, Inc. Sugarland, TX Items 5 - 8 $102,085 Texas Highway Products Round Rock, TX Items 1 & 2 $63,450 Paradigm Traffic Ft. Worth, Texas Items 3 & 4 $59,866 Grand Total: $225,401 MOTION NO. 2003-253 Motion authorizing the City Manager or his designee to execute a three-year lease (contingent on the funds budgeted in FY 2004-2007) with Old Lipan, Ltd. of Corpus Christi, Texas for the facility space to operate the Juvenile Assessment Center in the amount of $33,664.20 per year which has been budgeted in the FY 2003 - 2004 budget of the Corpus Christi Crime Control and Prevention District. RESOLUTION NO. 025372 Resolution authorizing the City Manager or his designee to execute a Local Project Advanced Funding Agreement for the Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development ofCefe Valenzuela Landfill in the amount of $16,000 for preliminary engineering and $900,000 for construction (subject to availability of funds). RESOLUTION NO. 02537~ Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Health in the amount of $87,979 for the elimination and control of tuberculosis in Nueces County. RESOLUTION NO. 025374 Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to al~ply to the Deparhnent of Health and Human Services for first- year funding of a $50,000, three-year renewal grant for a demonstration project to --3-- Minutes - Regular Council Meeting July 22, 2003 - Page 4 supplement existing community emergency medical response systems. 12. RESOLUTION NO. 025375 Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to submit a grant application to the Texas Department of Health for a one-year $204,750 grant to provide additional personnel and supplies for the continued provision of immunization services. 13. RESOLUTION NO. 025376 Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to submit an application to the Texas Department of Health for a one-year $149,797 renewable contract to fund the elimination and control of tuberculosis in Nueces County. 14. ORDINANCE NO. 025377 15. 16. 17. Ordinance amending Article XI, Commercial and Industrial, Chapter 55, Utilities of the Code of Ordinances, City of Corpus Christi, regarding disposal and pretreatment of commercial and industrial waste; and providing for penalties. MOTION NO. 2003-254 Motion scheduling a public hearing on August 26, 2003 regarding: ao The establishment o£the proposed Rodd Field Public Improvement District; and Approval of said district's boundaries; Approval of the method of levying property owner assessments based upon the cost of infrastructure improvements to said district. ORDINANCE NO. 025378 Ordinance appropriating $242,557.69 in interest and miscellaneous earnings in the No. 3072 Aquarium Capital Improvement Program Fund and transferring $242,557.69 to the No. 2010 General Obligation Debt Service Fund to pay outstanding debt service and closing FundNo. 3072; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $242,557.69. ORDINANCE NO. 025379 Ordinance appropriating $110,508.70 fi.om paving assessments in the No. 3530 Street Capital Projects Fund and transferring $110,508.70 to the No. 1020 General Fund to reimburse the collections activity; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $110,508.70. -4- Minutes - Regular Council Meeting July 22, 2003 - Page 5 18.a. RESOLUTION NO. 025380 Resolution amending Resolution No. 025141 which authorized submission of grant application to the State of Texas, Criminal Justice Division for Title V Delinquency Prevention Grant; accepting Title V Delinquency Grant of $250,000. 18.b. ORDINANCE NO. 025381i Ordinance appropriating a grant in the amount of $250,000 from the State of Texas, Criminal Justice Division of the Governor's Office in the No. 1067 Park and Recreation Grant Fund for Municipal Court processing and tracking of status offenders and Juvenile Assessment Center Case Management Services for at-risk youth. 19.a. ORDINANCE NO. 025382. Ordinance appropriating $9~664.36 fi'om Brighton Village Unit 8B developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriate~d the trust funds by adding $9,664.36 to the No. 4730 Infrastructure Fund. 19.b. MOTIONNO. 2003-255 Motion approving payment of $9,664.36 developer's contribution fi.om Brighton Village Unit 8B from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. 20.a. ORDINANCE NO. 025383 Ordinance appropriating $11,435.77 from Barclay Grove Unit 8 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $11,435.77 to the No. 4730 Infrastructure Fund. 20.b. MOTION NO. 2003-256 Motion approving payment of$11,435.77 developer's contribution fi'om Barclay Grove Unit 8 from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. 21.a. ORDINANCE NO. 025384 Ordinance appropriating $26,311.01 from Yorktown Crossing Unit 2 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $26,311.01 to the No. 4730 Infrastructure Fund. --5-- Minutes - Regular Council Meeting July 22, 2003 - Page 6 21.b. MOTION NO. 2003-257 Motion approving payment of $26,311.01 developer's contribution from Yorktown Crossing Unit 2 fi'om the No. 4730 Infi'astmcture Fund to Mark Bratton, Trustee, for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. 22.a. MOTION NO. 2003-257 Motion approving the reimbursement application submitted by the Diocese of Corpus Christi, owner and developer of St. Helena Church Tract, Block 1, Lot 1 for the installation of 1,892 linear feet of a 12-inch PVC water grid main. 22.b. ORDINANCE NO. 025385 Ordinance appropriating $53,154.42 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-209010 to pay the developer reimbursement request for the installation of 1,892 linear feet of an 12-inch PVC water grid main to develop St. Helena Church Tract, Block 1, Lot 1. 22.c. MOTIONNO. 2003-259 Motion approving the reimbursement application submitted by the Diocese of Corpus Christi, owner and developer of St. Helena Church Tract, Block 1, Lot 1 for the installation of 1,418 linear feet of a 12-inch oversize, over depth sewer collection line. 22.d. ORDINANCE NO. 025386 23. 24. Ordinance appropriating $54,034.59 fi.om the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay the developer reimbursement request for the installation of 1,418 linear feet of a 12-inch oversize, over depth sewer collection line. MOTION NO. 2003-260 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas in the amount of $595,000 for the Multi-Purpose Arena to complete the suite build-out. MOTION NO. 2003-261 Motion authorizing the City Manager or his designee to execute a real estate sales contract with Katherine Cecelia DeMott, et al in the amount of $86,081 plus $1,200 in closing costs for the purchase of fee simple property rights for Parcel 8A; being 29.683 acres out of Tract No. 8, Margaret Kelly Land located south of the Corpus Christi International Airport between County Roads 2292 and 763 in connection with the Corpus Christi International Airport Expansion Project, and for other municipal purposes. -6- Minutes o Regular Council Meetin~ July 22, 2003 - Page 7 25.a. MOTIONNO. 2003-262 Motion authorizing the City Manager or his designee to accept a grant in the amount of $296,826 fi.om the Texas Automobile Thelt Prevention Authority (ATPA) to continue the Motor Vehicle Thef~ EnforCement grant within the Police Department. 25.b. ORDINANCE NO. 025387 Ordinance appropriating $296,826 fi'om the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund; appropriating $13,812 fi.om the No. 1061 Texas Automobile Thef~ l~evention Authority Asset Seizure and Forfeiture account; and authorizing the transfer of$47,168 fi.om the No. 1020 Cash Contribution to grants in the No. 1061 Police Grants Fund. 26. ORDINANCE NO. 025388 Ordinance appropriating $509,474 in Passenger Facility Charge Fund 4621; transferring $288,185 imo the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509,474; 27. ORDINANCE NO. 025389 Ordinance appropriating $79,026.69 in unappropriated interest earnings in Airport 1990 Capital Improvement Program Fund No. 3022 for the Airport Terminal Project; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 0251 44 to increase appropriations by $79,026.69. 28. ORDINANCE NO. 025390 Second Reading Ordinance. Amending the Zoning Ordinance by revising Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary Business Core District, and Article 22, Off-Sweet Parking Regulations. (First Reading - 07/08/03) Mayor Neal opened discussion on Item 8 regarding the AEP Texas Central Company. Mayor Neal asked for more explanation on this item. Mr. Geoffrey Gay with Lloyd, Gosselink, Blevins and Rochelle, serving as legal counsel, explained that this motion originated in the city's participation in the South Texas Aggregation Project, which allowed the city's electric accounts to enter into the competitive retail market. Mr. Gay said that the representatives of the cities on the South Texas Aggregation Project (STAP) Board of Directors were concerned about the "non- bypassable charges" set by the Public Utility Commission (PUC). He explained that upon entering the retail market, the city was quoted a price plus the non-bypassable charges, charged by any provider serving the city. He said that the charges were determined by the PUC in 2000 based upon projected data. He explained that when the Texas Legislature decided to deregulate electricity, they decided to change the law for this oae case to allow the company to create its own set of books and records and hypothesize on future costs, instead of looking at historical data. He stated that this Minutes - Regular Council Meeting July 22, 2003 - Page 8 practice was fundamentally inconsistent with regulation in the public interest. In addition, he said that as ~he city entered into the competitive market, the city found two major concerns with regard to nCnpassable charges on city accounts. The first concern was regarding the street lighting accouflts because the city was paying more for street lighting off-peak service than for peak service. He commented that all the cities in South Texas had been discriminated against because of'a/hat the Commission did to set the street lighting tariffs. He said that the second issue of major concern to cities was what the Commission did with regard to large commercial accounts and demandiratchets placed upon those accounts. He said that these large pumping accounts did not have ratchets before and that the costs being passed on to serve those accounts were inappropriate, incoOsistent with prior regulatory law, and need to be changed. He said that the city had approaehec~ AEP and asked if they would adjust the street lighting and reformation of the large pumping a~:count costs if the cities dropped their demand for an overall rate case. He stated that AEP declinedhlthe request. In response, Mr. Gay said that the cities sitting on the STAP board authorized him toprepare a resolution to trigger review at the city level. He said that McAllen, Victoria and Laredo had passed the original motion that the Council had before them, which triggered a response fi.om A~P's attorneys. Mr. Gay negotiated with AEP's attorney to give AEP 120 days to file an overall comprehensive rate case with the cities rather than the accelerated filing asked for in the resolutions, so long as it was triggered at the PUC at the same time. Mr. Gay said that the agreed upon date was November 3, 2003. He said this new development was included in the substitute ordinance submitted to them today. He added that the City of Laredo and the City of Edna had also passed similar resolutions moving forward in this regard. A motion was made, seconded and passed to accept the substitute resolution provided by counsel. City Secretary Chapa polled the Council for their votes, and the following resolution was passed as amended with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 8. RESOLUTION NO. 025371 Resolution authorizing the review of Transmission and Distribution (T & D) rotes of AEP Texas Central Company (Company); directing Company to file certain information ("Rate Filing Package") with the City of Corpus Christi; setting a procedural schedule for the gathering and review of necessary information; setting dates for the filing of the City's analysis of the Company's filing and the Company's rebuttal to the analysis; authorizing the hiring of legal counsel and consultants; requiring the reimbursement of the City of Corpus Christi's T & D rote case expenses; setting a public hearing to determine if the existing T & D rotes are unreasonable or in any way in violation of any provision of law and to determine just and reasonable T & D rates to be charged. (.4SAMENDED) Mayor Neal deviated fi.om the agenda and opened discussion on Item 30 regarding the public access studio. Ms. Susan Cable, Director orE-Government Services, explained that the city had a contract with the South Texas Informer Education Foundation (STIEF) for approximately one year to manage the public access studio. As the end of the year was approaching, Ms. Cable reported that staff had issued a Request for Proposal. At that time, Ms. Cable said that STIEF decided not to Minutes - Regular Council Meeting July 22, 2003 - Page 9 submit a proposal, and in fact indicated that they wanted to terminate the contract for lack of staff. Ms. Cable said that they had received two proposals, one from the Channel 10 Public Access Users Group (PAUG), the primary users 0fthe editing equipment and the studio. The other proposal was from the Observer Education and Research Foundation. Ms. Cable stated that the major difference between the proposals was the run,ling request. She said that the Channel 10 PAUG requested a one-time grant of approximately $15,000 for moving, setting up and for calibration of the equipment and the studio, comparable to whatlwas done on the first contract. They also requested a one-time payment of approximately $14,000 to replace some inoperable equipment. They also asked for a continuance of the $7,000 annual grant that the cable operators provide. By contrast, the Observer funding request was for $118,000 annually. After review by a staff team, Ms. Cable said that staff was recommending that the city eater into a contract with the Channel 10 PAUG/NuPAC, Inc., initially for one year with the option!to renew for four additional one-year periods. Ms. Cable added that the contract originally had a July 9 start date but had been changed to July 23. Council Member Colmenero asked if the Channel I0 PAUG would be handling the scheduling for the users of the equipment. Ms. Cable responded affirmatively. Council Member Kelly asked if the equipment that the city currently owns and the equipment to be purchased would belong to Channel 10 PAUG as part of this agreement. Ms. Cable responded that the city was actually loaning the equipment to the group as long as it was being used for public use. If the group decided not to renew their contract with the city, then the property would be returned to the city. Mr. Kelly asked what would happen if the PAUG was using the equipment part of the time for public access and other times for profit. Ms. Cable replied that this would not be a problem as long as the public access producers's needs were being met. Mr. Kelly expressed his concern that ifa dispute arises between the users, the city would have to become involved. Ms. Cable said that she did not anticipate a problem because there were only four producers using the studio. Council Member Chesney commented that this agreement was another example of how the Council was committed to supportiag public access in the community. He also complimented the Channel I0 PAUG and Ronald Klepac for their positive approach. Finally, Mr. Chesney noted that there was a $90,000 a year difference between the two proposals. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Cooper was absent. 30.a. ORDINANCE NO. 025391 Ordinance appropriating $30,379 from the Reserve for Government Access Equipment and Facilities in the No. 1020 General Fund for access channel equipment and facilities; amending Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $30,379. 30.b. MOTION NO. 2003-263 Motion authorizing the City Manager or his designee to execute a contract with Channel 10 PAUG/NuPAC, Inc. of Corpus Christi, Texas for a 12-month period with a renewal option of four additional one-year periods, subject to the approval of the contractor and the City Manager or his designee, to manage a public access studio and editing equipment with City donated equipment for public access pr_o~._ucers for a one-time payment of $15,458 for Minutes - Regular Council Meeting July 22, 2003 - Page 10 facility and equipment set,up and $14,921 for replacement of inoperable equipment. Mayor Neal opened discussion on Item 31 regarding the Lavaca-Navidad River Authority. Assistant City Manager Ron Mas purchase interruptible water fi:om allow them to seek permitting for, had been approved by TCEQ, so purchase the additional 7500 acre into perspective, Mr. Massey sai; 46,348 acres that it purchases ann ~ey reported that in July 2000, the city had the opportunity to Lake Texana, 4,500 acre feet. He said that the city had agreed to n additional 7500 acre feet. Mr. Massey said that the permitting in essence, the city was preparing to enter into a contract to !eet of water, for a total of 12,000 acre feet. To put the purchase . that the city was currently paying $340 per acre foot for the aally. He said that the new purchase would reduce the cost per acre foot to $299 per acre. Mayor Neal asked if Lake Texana released more water than it stores annually. Mr. Eduardo Garana, D~rector of the Water Department, replied affirmatively. Council Member Scott commented that he had heard concerns that the city had not perfected the Garwood water supply. Acting City Attorney Reining added that the city did have the water right to Garwood, but the concern Was probably related to a proposed change in the law in the Texas Legislature that stated that if a city was not currently using the water, then the state would lose the water rights. Mr. Scott asked for a status report on Garwood. Mr. Massey replied that staff was scheduled to come back to the CoUgcil in September 2003 with a contract to engage an architectural and engineering firm that will determine how the city will withdraw the water fi'om the river and work in conjunction with LCRA tO determine the withdrawal point, because LCRA owns the rest of the water rights to Garwood. Mr. Massey said that they would also detenn'me pipeline sizing and the right-of-way locations in a year's time. He said that the process could be accelerated if needed. Council Member Scott remarked that it appeared that staffwas doing what was necessary to secure the water supply at Garwood. Council Member Scott asked when ASR was going to come before the Council again. City Engineer Escobar said that it would ready to come before the Council on August 19. Council Member Chesney commented that there was a perception that the desalination project was getting priority over Garwood. He said that it appeared that the city had Garwood and the desalination project on parallel tracts in an effort to secure both. However, Mr. Chesney commented that water rights were points of contention, with San Antonio and other municipalities vying for them as well. He asked when staff's projected timeline to actually obtain water fi.om Garwood. Assistant City Manager Massey answered that the city would not need the water until 2028. However, if necessary, the city could accelerate the process to complete it in two years. Mr. Chesney asked about any opportunities to partner with other entities that might need the water now. Acting City Attorney Reining answered that it was possible to establish a limited-term water supply contract with another entity, as we do now with other municipalities. Mr. Chesney remarked that if the city were to build all or part of the Garwood pipeline and then sell the water to a community that needs the water now, it could truly be a win-win scenario. He said that it would secure the city's water rights while benefitting another community. Assistant City Manager Massey replied that this was a viable option that staff was considering. Mayor Neal commented that the Council has already committed $10 million over the next three to five years to the Garwood project. He said that when the Council reviews the CIP budget this fall, it would be an appropriate time to assess the specifics of the plan and decide how to move forward with the project. -10- Minutes - Regular Council Meetin~ July 22, 2003 - Page 11 Mayor Neal asked for public comment on Item 31. Mr. Bill Kopeeky, 3609 Topeka, commented that he thought it woulfl be more cost-effective if the city were to own Lake Texana if they were the main users of the walter. Mr. R.J. Herschbaeh, 4650 Hakel, spoke regarding a prior 50-year fixed water contract to provide water to the Reynolds plant and asserted his contention that Formosa Plastic was taking water from Lake Texana. Ms. Kathy Huffmeyer, 6706 Sahara, spoke regarding the possibility of using the desalination project to provide water through pipelines to other areas. Council Member Kelly rentarked that the Garwood project would put the city in a third watershed, putting the city in an advantageous position. Assistant City Manager Massey added that the plan was to acquire lower-cost surface water sources in addition to researching more-expensive desalination options. Council Member Scott commented that the city was positioning itself to sell water to the surrounding area in the near future. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and SeoR, voting "Aye"; Cooper was absent. 31. RESOLUTION NO. 025392 Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi the Interruptible Water Supply Contract between Lavaca-Navidad River Authority and the City of COrpus Christi, Texas. Mayor Neal opened discussion on Item 32 regarding the development of a large-scale desalination demonstration project. City Manager Noe stated that the Texas Water Development Board has initiated the next step in the grant process, and that the application deadline falls between now and August 19. He asked Assistant City Manager Massey to explain the staff's strategy in submitting an application. Mr. Massey stated that the city's project was selected as one of three finalists for the grant. He said that the Texas Water Development Board had provided a recommendation to the governor that the next phase of the grant process include studies to answer specific questions. He reported that the Texas Legislature approved $1.5 million in funding to support the three studies. He said that the city must submit a request for a grant to obtain the funding. He said that the draft application must be submitted to the board by August 15. Mayor Neal asked for public comment on this item. Mr. R.J. Herschbach spoke about converting the old CPL building imo a desalination plant and the demise of the Holland Dam in Cotulla, TX. Council Member Kelly expressed his concern that if the city was selected for the Governor's Desal Initiative and the state spent $300 million building the plant in Corpus Christi, would that make our existing water sources more vulnerable to a legislative raid by thirsty cities. Acting City Attorney Reining answered that hopefully, the city will be able to wholesale that water to another entity in Texas. Mr. Kelly expressed his concern that the city would be trading low-cost surface water sources for unproven technology and more expensive water. City Manager Noe answered that while the city continued to be aggressive in identifying new water sources, staffhas to continually Minutes - Regular Council Meeting July 22, 2003 - Page 12 be on guard to protect the city's water rights, especially during the legislative sessions. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Ch~sney, Colmenero, Gan'eR, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Cooper was absent. I 32. RESOLUTION NO. 02539~3 Resolution authorizing the City Manager or his designee to submit a notice of intent to apply for a Regional Facility Planning grant and to submit the grant application to the Texas Water Development Board for ithe development of a large-scale seawater desalination demonstration project in Cerpus Christi. Mayor Neal opened discussi}on on Item 33 regarding a contract for occupational services with Concentra Medical Center. Ms. Lee Ann Dumbauld, Director of Finance, said that this was one of two items for the Council's review, with the companion item, regarding drug testing, coming before the Council at their next meeting. She said that the committee evaluated four proposals, and was recommending that the city continue their contract with Concentra, since they were the lowest cost proposer that met the city's requirements. Mayor Neal asked what services Concentra was providing to the city. Ms. Dumbauld replied that Concentra handled workers compensation, small injury referrals and employee physicals. Ms. Cynthia Garcia, Director of Human Resources, added that they also examined employees re-entering the workforce after an injury. Mayor Neal asked if Concentra also handled pre-employment chug testing and physicals. Ms. Garcia responded affirmatively, but noted that those services were provided under a separate contract. Council Member Scott asked what an employee would be told to do if they suffered a work- related injury outside of Concentm's business hours. Ms. Garcia replied that the employee would be advised to go to the emergency room. Council Member Scott remarked that if Concentra was open twenty-four hours, then the employees would be able to go to Concentm at a substantial savings to the city. Ms. Garcia remarked that the employees had the right to see their own physicians, but if they sustained an injury that did not require emergency services, they are referred to Concentra. He asked if any of the proposers were open twenty-four hours a day. Ms. Garcia replied that she did not recall any of the proposers indicating that they were open twenty-four hours a day. Mr. Scott asked if the number of locations was taken into consideration. Ms. Garcia replied that the committee had considered this in their evaluation. Mr. Scott asked if the proposers provided their own physical therapy. Ms. Garcia replied that Concenlra does provide physical therapy in-house, but some of the other proposers did not (e.g. OneMed). Mr. Scott expressed his concern that the primary care was not separated from secondary care in this instance. Ms. Dumbauld replied that the workers compensation TPA closely monitored the costs associated with the provision of services for a particular injury, in addition to the Texas Workers Compensation Commission. City Manager Ncc added that the employee has the right to elect to see their own physician, who in turn will most likely refer them to a different physical therapist. He said that many employees often do choose to see their own physicians. Council Member Chesney remarked that he had heard concerns that in-take clinics like Concentra do not do enough to educate employees on how to resolve their claims more quickly. Ms. -12- Minutes - Regular Council Meeting July 22, 2003 - Page 13 Garcia replied that the city had a return-to-work policy that handles the cases individually to assist employees in re-entering the workfOrce quickly. Mr. Chesney asked why the in-take clinics did not provide the education as well. His concern was that a clinic could be particularly tied to trial lawyers looking for referrals. He asked whether the clinic's ability to educate employees on workers compensation issues was included in the strategic need/technical solutions part of the evaluation. Ms. Garcia replied that the team did not look at the doctor's role in counseling the employees about workers compensation proceitures. She said they could do that in the future. She added that Concentra had agreed to train employees on workers compensation procedures before they get hurt. Mr. Chesney stated that he thought it was important to educate employees properly about the procedures. Mr. Chesney asked if it was standard to write the contract for two years with two one- year renewals. Ms. Garcia replied that it was standard because the goal was to lock in a lower cost, but the city had the option to terminate the contract if needed. Mr. Chesney asked if staff could approve the one-year renewals without going to council. Ms. Garcia replied affirmatively. Mr. Chesney expressed his concern that staff could potentially renew the contract with Concentra for four years without bringing it to the Council again. Council Member Colmenero asked how many locations each proposer had listed. Ms. Adria Schfieber-Garza, Senior Management Analyst for Risk Management Services, replied that the vendors had provided the following information: Concentra - two locations; One Med - two existing locations, one location to Open in August; Saratoga - one location; and Comp Care - one location. Mr. Colmenero asked for the number of physicians at each location. Ms. Schrieber-Garza replied that each of the vendors had indicated that there was one physician on staff. Council Member Colmenero remarked that be knew that one of the providers had two physicians on staff. Ms. Schrieber-Garza replied that this information was obtained fi.om the proposals submitted by each of the vendors. Council Member Colmenero again remarked that at least one of the providers had two physicians. Ms. Garcia reiterated that staff obtained this information fi.om the responses the providers had listed in their RFPs. Council Member Colmenero replied that he could not support this item because it did not contain correct information. Council Member Garrett asked how long the city had been using Concentra's services. Ms. Dumbauld replied that the city had been using them for four years. Council Member Garrett asked if staff had any complaints about Concentra's services in the past. Ms. Garcia responded that they were minor complaints. Mayor Neal asked for public comment on this item. Mr. R.J. Herschbach spoke regarding alleged problems with Workers Compensation claims by some firemen. City Secretary Chapa polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero, voting "No"; Cooper was absent. 33. MOTION NO. 2003-264 Motion authorizing a two.year contract with two one-year renewal options between the City of Corpus Christi, Texas and Concentra Medical Center to provide occupational health services. -13- Minutes - Regular Council Meeting July 22, 2003 - Page 14 Mayor Neal deviated fi.om the agenda and announced the executive sessions, which were listed on the agenda as follows: 35. Executive session under TeXas Government Code Section 551.071 regarding CCMCA, Inc., a Texas Corporation vs. C~ty of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in ogen session. 36. Executive session under Texas Government Code Section 551.071 regarding the administration of the City'8 employee health benefits plans with possible discussion and related action in open sessibn. 37. Executive session under Te~{as Government Code Section 551.071 regarding United States vs. City of Corpus Christi, Cause No. C-03-015, in the United States District Court for the Southern District of Texas, with possible discussion and action in open session. 38. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation, et al, No. 96~12-7404-A, 107t~ District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi against PG&E's successor Gulf terra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. 39. Executive session under Tegas Government Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for a minor league baseball stadium with possible discussion and related action in open session. The Council went into executive session. The Council returned from executive session and the following ordinances were passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 36. MOTION NO. 2003-265 Motion authorizing the City Manager to approve a Legal Services Agreement with Bracewell & Patterson, L.L.P. granting an additional $50,000 to assist with legal issues relating to the City of Corp~ Christi's Health Plan at an hourly rate of $200. 37. MOTION NO. 2003-266 Motion to authorize the City Manager to settle the lawsuit relating to expenses arising fi.om the landfill tire fire, entitled The United States of America vs. The City of Corpus Christi, Cause Number C-03-105, in the United States District Court for the Southern District of Texas, Corpus Christi Division, for the amount of Six Hundred Thousand Dollars ($600,000). -14- Minutes - Regular Council Meetin~ July 22, 2003 - Page 15 Mayor Neal deviated fi.om the agenda and opened discussion on Item 34, regarding the proposed ordinance of Non-Discrimination Based on Disability as recommended by the Committee for Persons with Disabilities. Mr. David Ramos, Director of Human Relations, began the presentation by reviewing the current regulations in place that protect persons with disabilities at the federal, state and local levels. He stated that the ordinance the city currently had in place did not provide for local enforcement oa' penalties in disability eases, deferring them to the appropriate governmental body. Mr. Raraos reviewed the timeline leading to the Committee's recommendations. He concluded that in June 2003, the Committee for Persons with Disabilities had recommended its final draft for the City Council's consideration by committee resolution. He briefly reviewed the main provisions of the proposed ordinance. He said that the proposed ordinance would locally prohibit individuals with disabilities from being excluded from the full participation in, or denyingthe benefits of, any service, program or activity. He stated that the ordinance would also provide for complaint processing, investigations, enforcement (including penalties), remedies, monitoring and education/training at the local level. He explained that there were two different issues related to enforcement that were covered in the proposed ordinance. The first enforcement issue was related to the city's responsibility to provide reasonable accommodations and the second was related to the public's responsibility (restaurants, department stores, etc.). Mr. Ramos said that the application of the ordinance, as recommended by the Committee for Persons with Disabilities, would apply to the City of Corpus Christi and those who conduct business with the city by contract, loan, grant, lease or other financial assistance/arrangement (excluding procurement and insurance). He estimated that the number of existing contracts was 365 and the number of annual rentals/other leases was 7,633. Regarding the administration of the ordinance, Mr. Ramos said that the Human Relations Department, working in conjunction under the City Manager and the Assistant City Manager, would process complaints, conduct investigations and work with the City Attorney's Office in monitoring city contractors for compliance and enforcing the requirements of the proposed non-discrimination ordinance. In addition, Mr. Ramos stated that the proposed ordinance stipulated that the city would provide technical assistance to those who contract with the city and monitor those contractors for compliance. City Manager Noe commented that there have been questions about what staff's recommendations are regarding this item. He said that staffhas no disagreements with the goal of improving accessibility and moving more aggressively towards compliance. However, Mr. Noe said that this was a significant policy issue because of the administrative impact the proposed ordinance would have in terms of the number of agencies, entities and businesses that would be affected by this ordinance. At this point, City Manager Noe remarked that many of the affected entities did not know about the effects of the proposed ordinance. Thus, Mr. Noe stated that he had recommended to the committee that they meet with as many entities as possible to help those affected understand the ramifications of the proposed ordinance. He emphasized that it was important to have a dialogue with those entities potentially impacted by this policy change. Second, he commented that the fiscal impact to the city to comply, monitor and perform the responsibilities of the ordinance was substantial. Mr. Noe concluded that staff's recommendation was that the Council receive the -15- Minutes - Regular Council Meeting July 22, 2003 - Page 16 information presented today and delay action until the city has had the opportunity to move completely communicate with thdse entities potentially impacted by the implementation of the ordinance. Council Member Chesney asked why these entities did not know this proposed ordinance was coming. He said that Council had been talking about placing this item on the agenda for six months. He said that Mayor Neal h~d specifically asked that this item be placed on the agenda three weeks ago. City Manager Nee replied that he did not think that the public fully understood the ramifications of the ordinance. Colkncil Member Chesney replied that those members of the public who were interested would have b~en at today's meeting. City Manager Nee responded that there were approximately 8,000 groups ~nvolved who had not been informed. He said that a letter had been sent out on July 11 notif)'ing tlae public about a meeting that took place on July 17, and another meeting was scheduled on July 24i Council Member Chesney replied that the ADA act had been passed years ago. He added that tl~is was the first reading of the ordinance and the second reading would give those individuals interested an opportunity to speak. He said that he did not have a problem with staffnot recommendilag the ordinance, but he disagreed with Mr. Noe's statement that the public had not been given an opportunity to comment. Mr. Chesney remarked that there was a perception in the disabled communi[ty that the city was stalling on implementing ADA requirements. Mayor Neal asked what entities were currently performing the additional functions that the ordinance was asking the city to assume in the areas of monitoring and enforcement. Mr. Ramos replied that the Human Relations Department was involved in the investigation and the enforcement of complaints. Mayor Neal repeated his question, asking if these functions were not currently being enforced at another governmental level. He asked if any of the funetious were new. Mr. Ramos replied that some of the functions were new, such as the monitoring of contracts and businesses. Mayor Neal provided the example of a company that provides training sessions for the city by contract. He asked how the passage of the ordinance would effect this hypothetical company. Mr. Ramos replied that the Human Relations Department would be responsible for ensuring that the company was in compliance with the ordinance. Mayor Neal asked that if there were 500 contracts of this type, would the Human Relations Department be required to have enough staffto legally review every contract to ensure that it was in compliance and provide enforcement. Mr. Ramos replied affirmatively. Mayor Neal asked if the ordinance required that the contractor not discriminate against persons with disabilities seeking work, and if the contractor was found to not actively hire or recruit persons with disabilities, would the company be in violation. Mr. Ramos replied that the Haman Relations Department would not be involved in the hiring aspect because it falls under Title I. He said that staff would mainly be looking at the priorities that are considered reasonable and readily achievable, such as handicapped-accessible doors, counters and bathrooms. Mayor Neal expressed his concern that if companies that presently contract with the city decided not to do business with the city anymore based on the approval of this ordinance, would these companies be subject to investigation by the city. Mr. Ramos replied that he would have to hear a complaint fi.om a disabled individual before he could start an investigation. City Manager Nee added that there were two parts to this ordinance. He said that there was a public accommodations part which applied to businesses whether they do business with the city or not, such as restaurants and hotel. He said that the proposed ordinance would give the city the responsibility and authority to investigate complaints and levy f'mes. He said that the second part applied to those businesses that do business wi~lt~_e city. According to the proposed ordinance, if Minutes - Regular Council Meeting July 22, 2003 - Page 17 these businesses were non-compliment, they could be subject to contract termination. Mayor Neal also expressed iris concern that the city was putting the city into the position to be "police". He asked if this ordinance would require the city to go to every business and establishment in the city, whether they do business with the city or not, to ensure that they were in compliance. Mr. Ramos replied that an investigation would be initiated only as the result of a citizen complaint. Mr. Noe added that the current ordinance does not provide give the city enforcement capabilities over complaints regarding public accommodations. Mr. Ramos said that currently, the city handles complaints about public accommodations by trying to resolve them at a local level but, if unsuccessful, then they must be referred to the appropriate authorities. Mayor Neal asked if non-profit agencies, latchkey programs, softball fields and parks would be required to have ADA-accessible restrooms if this ordinance was approved. Mr. Ramos replied that to be in compliance, they would have to build an ADA-accessible restroom and assume the cost. Mayor Neal asked what timeframe the organizations would be given to complete the restroom. Mr. Ramos replied that the ordinance does not provide a timeframe. Regarding latchkey programs, he asked if the city would have to terminate contracts with schools that did not have ADA-accessible facilities. Mr. Ramos replied affirmatively, saying that the schools would have to come into compliance to maintain a contract with the city. Mayor Neal concluded that he would like to support this ordinance, but it was so broad in scope that the burden of enforcement and compliance for the city was too onerous. Council Member Kelly asked why the city had to expand over what the state and federal government had already done. City Manager Noe replied that this ordinance was being recommended by the Committee for Persons with Disabilities because they felt that the community was moving too slowly to come into ADA-compliance. He said that his sense was that the committee wanted to use the city's police powers as a mechanism to accelerate the community's compliance. Mr. Kelly asked why the city did not simply say that they would enforce the existing federal and state statutes, creating an ordinance to that effect. City Manager Noe replied that staff was aware of only one other major city in the state, Austin, that had an ordinance like this. He said that the committee modeled this ordinance after the Austin ordinance. Mr. Kelly asked how much it would cost for the city to increase staffand resources to enforce this ordinance. He referred to a previous memo that had approximated the cost at $280,000, which he and Mayor Neal both thought was too low. City Manager Noe replied that this amount was a bit low regarding enforcement, but the physical accessibility costs to bring all city facilities into compliance was huge. Mr. Kelly asked what the consequences to the city would be if it did not come into compliance and did not enforce the ordinance properly. City Manager Noe replied that he was not sure what the legal consequences would be, but his feeling was that it would put the city into a difficult position if it could not comply with its own ordinance. Mr. Kelly asked if an ordinance could be more narrowly drawn yet still meet the objectives of the community without placing as large a burden on the city. Specifically, he asked if the existir~g statutes were more effectively enforced, would this achieve the same objectives as the proposed ordinance without creating a new layer of bureaucracy. Finally, Mr. Kelly asked City Manager Noe what effect this ordinance would have on the city's cost of doing business with other contractors. Mr. Noe replied that it was unknown because he did not know how many contractors would be willing to comply. He said that there had not been a dialogue with them to determine their response. -17- Minutes - Regular Council Meeting July 22, 2003 - Page 18 Mr. Kelly asked how long Austin has had this ordinance in place and what the effect had been. Mr. Ramos replied that it was in place before the ADA and said that he was unaware of any cases or grievances that had been brought through their ordinance. Mr. Ramos said that he personally had not seen any. The Council took a briefr0cess for proclamations. The Council returned fi.om recess and continued the discussion on the proposed ADA ordinance. Council Member Chesney asked Mr. Ramos if the proposed ordinance was very similar to the Austin ordinance. Mr. Ram0s replied that it was. Mr. Chesney asked ifAmtin enfomed the ordinance. Mr. Ramos replied that he had spoken with the City of Austin's ADA Coordinator, and she had indicated that the main emphasis was to use it as an education tool to inform potential contractors about the requirements of ordinance and to get their assurances that they would be in compliance. Mr. Ramos said that this was done on an annual basis. Mr. Chesney observed that Austin had seen tremendous growth as a community since the ordinance has been in place and concluded that the ordinance did nr>t appear to be a hindrance to their growth. Mr. Chesney asked Mr. Ramos what he felt was wrong with the proposed ordinance, since staff was not endoming it. Mr. Raraos replied that one issue was that he would need additional staff to meet the enforcement requirements in the ordinance. He also said that staff wanted more time to begin a dialogue with those people who would be affected by the ordinance. Mr. Chesney asked Mr. Ramos how much time he would need to finalize the process. Mr. Ramos answered that it was difficult to say, became staffneedcd time to speak with the contractors and other entities affected. He estimated that reviewing the contracts could be completed within the next six months. Mr. Chesney commented that there was a perception in the disabled community that the city was moving too slowly to come into compliance. He asked Mr. Ramos if he thought this was accurate. Mr. Ramos replied that the city has moved forward more quickly during the last two to three years than during the last ten years. In response to Mr. Chesney's question, Mr. Ramos said that overall he did support the ordinance, but he felt that more discussions were needed with the persons affected. Mr. Chesney asked if this option had been presented to the committee. Mr. Ramos replied that City Manager Noe had met with the committee and made this recommendation, but the committee decided that the two public meetings, scheduled for July 17 and July 24, were sufficient and asked that the ordinance be brought before the Council. Mr. Chesney asked for information on the July 17 meeting. Mr. Ramos replied that approximately 500 notices had been mailed, and 13 individuals attended the meeting. Of the 13 individuals, six spoke in support of the ordinance, six expressed their concerns and one was opposed. Council Member Colmenero commented that the ordinance was quite progressive but needed to be balanced with the city's ability to implement it. Mr. Colmenero suggested that the implementation of the ordinance be phased in. He said that the first phase may be to work with contractors and the committee to identify the appropriate language for the ordinance. He said that the fiscal impact also had to be considered. He commented that phasing in the implementation of the ordinance would be one way to spread out th~cost of implementation over several fiscal years, Minutes - Regular Council Meeting July 22, 2003 - Page 19 lessening the financial burden. He asked if there had been any discussion with the contractors to inform them about the proposed ordinance. Mr. Ramos replied that the only information provided had been the July 17 meeting notice and a news release sent out through the Public Information Office. Mr. Colmenero suggested that the city's website could also be a method of informing the public. Mr. Colmenero concluded that he thought it was a good ordinance but may require some tweaking to make it work. City Manager Noe remarked that he had suggested to the committee that there would be opportunities in the dialogue with the impacted parties to establish some benchmarks or goals to allow for incremental improvements over several years. Council Member Scott asked City Manager Noe to provide some examples of benchmarks that might be put into place. Mr. Noe replied that staff could ask each entity subject to this provision to provide a three-year plan for reaching compliance with quantifiable standards. He said, for example, that if the issue was that the Chamber of Commerce did not have ADA-accessible restrooms on the first floor, they could submit a three-year plan noting what they would do to each year to reach compliance. Council Member Scott asked Mr. Ramos to which entities he had sent notices. Mr. Ramos replied that he had asked the City Secretary's Office for a list of contractors doing business with the city. Mr. Scott commented that builders associations, such as the Associated General Contractors, were often the primary way that members process governmental data. City Manager Noe replied that the builders associations had not been contacted, but it was a viable way to contact potential vendors with the city. Mr. Scott also asked for a copy of the meeting notice. Council Member Kinnison asked if staffcould find out more about Austin's experience with this ordinance. He observed that it was telling that Austin was the only major city in the state with this type of ordinance in place. Mr. Ramos replied that other cities, namely San Antonio, had considered an ordinance of this scope, but ultimately did not pursue it. Mr. Kiunison asked when the invitations were mailed. Mr. Ramos replied that the invitations had been mailed out the previous Friday for a meeting on Thursday, June 17. He added that Hurricane Claudette had delayed delivery of the meeting notices because one person contacted him and said he had not received his notice until the day before the meeting. Mr. Kinnison asked for more information on estimates regarding the financial effect of this ordinance. Ms. Linda Hodge with the Park and Recreation Department said they made a conservative estimate of $280,000. She said that the Park and Recreation Department was committed to bringing its facilities into compliance with the ADA. She added that it has been a slow process due to lack of funding but they are working toward compliance. Mr. Kinnison asked Mr. Ramos if his supplemental budget request to fund two positions would be sufficient to enforce the proposed ordinance. Mr. Ramos said it was probably insufficient but would at least allow his department to begin the process. Mr. Kinnison asked what time flame would be realistic to prepare his department for enforcement and to inform the public about the proposed ordinance. Mr. Ramos replied that it would take approximately six months. Mr. Kinnison stated that, at the appropriate time, he would like to make a motion to table this item to allow staff to take the necessary steps to ensure that the Council had the information needed to make a decision. Mayor Neal asked for public comment on this item. Ms. Crystal Lyons, Chairman of the Minutes - Regular Council Meeting July 22, 2003 - Page 20 Committee for Persons with Disal~ilities, commented that the proposed ordinance was consistent with what was already in the ADA with regard to the responsibilities of public entities. She commented that the ordinance was progressive, but that she felt wholeheartedly that it was the fight thing to do. She agreed with Council Member Chesney that these requirements should not be a surprise to the public because thelADA has been in effect since 1992. Regarding the financial impact of the ordinance, she agreec~ that it was difficult, but that the city should have been preparing to come into compliance with the A~DA all along. She noted that a point of contention between staff and the committee was Section 2JI-94 (b), which stated that the city and its contractors should operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to individuals with disabilities. She said that all the committee was asking was that people use common sense regarding the ordinance. She warned against diluting the ADA by creatit~g benchmarks. She concluded that she felt the ordinance was necessary. However, if the Councilifelt that the ordinance was not necessary, then some other action needed to be taken to accelerate the community's compliance with the ADA. She expressed her hope that the Council would support the ordinance. Council Member Kinnison reiterated his concern that the ordinance wouldn't do any good if the city could not enfome it. Ms. Lyons replied that the City of Austin does not use the ordinance as a punitive measure but rather as an educational tool. Council Member Kelly commented that he understood from Ms. Lyons's comments that the primary value of the ordinance was as an educational tool. He added that the substantive portions of the ordinances did not appear to be necessary because the state and federal government have already imposed most of these requirements. Ms. Lyons said that she would hope to use the ordinance as an educational tool but that the ordinance was necessary because there was no enforcement. Mr. Kelly replied that what seemed to be necessary was a mechanism to enforce or to educate people about the substantive ordinances already in place. Mr. Tom Niskala, representing the Corpus Christi Chamber of Commerce, spoke in favor of tabling the proposed ordinance to allow for further discussion and collaboration. Ms. Judy Hales, 9442 Waxwing, spoke regarding the city's need to enforce the ADA. Ms. Shea Hales, 9442 Waxwing, spoke regarding the city's need to make the city more disability-friendly. Mr. Casey Duplessy, 1701 Thames, spoke regarding inclusiveness for all individuals living in the community. Ms. Judy Telge, 3553 Floyd Street, spoke in support of the proposed ordinance. Mr. David Percy, 606 Bermuda, spoke regarding his understanding that the ordinance was targeted strictly toward the City of Corpus Christi's compliance with the ADA, not the private sector. City Manager Noe clarified that the proposed ordinance would affect enforcement in the public accommodation section. Council Member Noyola spoke in support of moving ahead with the process. Mayor Neal suggested that the Council consider passing the ordinance on the first reading and delay the second reading until the first meeting in December. He said that this would allow for more time to tweak the ordinance and to allow for a dialogue with those entities that would be impacted. Council Member Kiunison asked how this action would affect the budget. City Manager Noe replied that it would not have a negative impact because staff has recommended an increase in the reserve appropriation to allow for mid-year adjustments to the budget if necessary. He added that by December, staffwould have a better feel for the state of the budget. Council Members Kiunison, Colmenero, Kelly, Chesney, Noyola spoke in support of Mayor Neal's suggestion. City Secretary Chapa polled the Council for their votes, and tl~e^ following ordinance passed on the first reading Minutes - Regular Council Meeting July 22, 2003 ~ Page 21 with the following vote: Neal, Chcsney, Colmenero, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Cooper was absent. 34. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 24, Human Relations by adding Article V, Discrimination Against Individuals with Disabilities, establishing procedure and implementation and providing for penalties. Mayor Neal called for a brief recess. The Council returned fi.om recess, and Mayor Neal deviated fi.om the agenda and referred to Item 44, a presentation on the Landry's Memorandum of Understanding (MOU) which had been posted on the agenda for discussion at 3:00 p.m. City Manager Noe opened the discusssion by emphasizing that the MOU was the beginning of the negotiation process, not the end. He noted that the Landry's MOU would be posted on the city's website, as well as the following PowerPoint presentation. City Manager Noe provided a brief background and history of the developments leading to the development of the MOU. Mr. Noe stated that the purpose of the MOU was to outline the basic terms of the agreement, allow for input and review at an early stage and serve as a foundation for definitive lease documents. Mr. Noe reviewed the basic structure of the document, saying that it was a partnership between the city and Landry's. He said that the MOU outlines Landry's responsibilities as follows: leasing the pad site for the restaurants and amusements; operating the remaining site including the marina through a management agreement; and constructing restaurants and amusements. He stated that the city would be responsible for constructing site and marina improvements funded by annual rental payments and taxes on the project. Mr. Noe reviewed the scope of the project in four specific areas: Marina Improvements, Site Improvements, Restaurants, and Amusements. Regarding the marina improvements, Mr. Noe outlined the following items: improvements to existing facilities (elecffical, cable, security, fastening and pilings); R Pier replacement with floating dock; boaters facilities; and boaters support. Regarding public site improvements, Mr. Noe stated that Landry's had agreed to make the following improvements: parking, landscaping/walkways/lighting, water features, kiosks and connectivity. Regarding restaurants, the following were mentioned: Joe's Crab Shack, the relocation of the Landry's Seafood House, and two theme restaurants: the Aquarium and Rainforest Caf& Under amusements, City Manager Noe said that the MOU stated that three out of five fi.om a list were proposed, including a Fen'is wheel, carousel, train and/or observation tower. Mr. Noe stated that the preliminary design and specifications would be included in the final lease documents. Finally, Mr. Noe pointed out that Landry's had agreed to guarantee that their overall investment would be $20 million. Mr. Noe stated that the term of the agreement was a 40-year base term with two extension option often years each. He said that the rental payment was $1 million per year or 2.2 percent of annual sales, whichever was greater. Regarding the construction, Mr. Noe said that Landry's will -21- Minutes - Regular Council Meeting July 22, 2003 - Page 22 construct the restaurants and amusement and would be involved in the design of the marina and site improvements by the city architect. Finally, Mr. Noe stated that Landry's would serve as construction manager for the marina and site improvements. Regarding maintenance, ML Noe stated that Landry's has agreed to maintain a first-class facility, including dredging within flae marina. He noted that capital reserves have been established jointly, with excess project revenues to utilize for long-term maintenance of the project. City Manager Noe asked Mr. Mark McDaniel, Executive Director of Support Services, to review the proposed budget for the project. Mr. McDaniel stated that throughout the negotiations, the goal was at best to break even on the project, where all the revenues would go back into the project. He reviewed the preliminary project budget, which was estimated to be $45 million, including site work, marina improvements and restaurants/amusements. Regarding the construction or project budget separate from the marina operations, Mr. McDaniel reviewed the projections. In Year 1 of the project, Mr. McDaniel said that the city would see a loss of $13,480. However, in Year 10, Mr. McDaniel saidthatthe city'sprojectedincomewas $69,757. He noted that anyincome would go into a reserve account until $3 million was accumulated to cover maintenance on the project. Regarding the marina operations pro forma budget, Mr. McDaniel noted that the marina was currently seeing a loss of $450,637 in FY 2002-03, only $39,205 of which was being paid out of the marina fund. By Year 10, Mr. McDaniel reported that the projected loss would drop to $107,406. Mr. McDaniel reviewed the marina operations pro forma assumptions for the city's costs only. He said that the existing marina debt would expire in FY2011-12 and included a portion funded by general city resources. He noted that city operations of the marina would be limited to rescue and patrol services. Finally, Mr. McDaniel stated that all slip rental and most bayfi'ont lease revenue would become part of the management agreement. City Manager Noe reviewed the marina management section of the MOU. He said that the management agreement would run concurrent with the lease. He said that the fees for current leases would be limited to CPI increases, while others were based on market value. He stated that the city was responsible for fees and budgets for the marina. Finally, a failure to agree on fees or budgets would trigger a "management fee" approach versus net revenue compensation. Regarding the proposed South Wharf development, Mr. Noe said that it had been excluded from the project site. He added that Landry's had made a commitment that the development would be compatible. He noted that restaurant uses were limited to a maximum of 10,000 square feet and a restriction on marina uses to prohibit the South Wharf marina completing directly with the other marina. Finally, he said that if any developer other than Mr. Loeb's company were to develop the South Whaffproject, then Landry's would have the right of first refusal. He noted that this would be only after the Council elected to move forward with the project if Mr. Loeb could not. City Manager Noe reviewed a series of transition issues that were being discussed. He said that Landry's has agreed to retain the Marina Superintendent and the Marina Supervisor. He added that Landry's will review the remaining staff, but any additional employee security would be the responsibility of the city. -22- Minutes - Regular Council Meeting July 22, 2003 - Page 23 City Manager Noe covered other miscellaneous issues included in the agreement, including the following: encouraging Landry's to have local participation regarding contractors and suppliers; the city's agreement to maintain municipal service; continue support of sailing events; parking rates; and the prohibition of gambling. Mr. Noe noted that the agreement included 31 of the issues raised in the Stakeholder's Comments Checklist and did not address eleven. City Manager concluded the presentation by reviewing the future schedule for the Landry's negotiation. He suggested September 23, 2003 as the date for Council debate and consideration. He said that the proposed project implementation dates were July 2004 through July 2006. Mayor Neal asked for Council questions. Council Member Kelly noted that one of the issues fi.om the Stakeholders List that was not included was a timeline for construction. City Manager Noe clarified that the MOU provided for a 24-mon~ target date. Council Member Kelly asked what the consequences would be if the 24-month target date was not achieved. City Manager Noe replied that this would be discussed in the definitive documents. Council Member Kelly remarked that in his opinion, one of the more attractive features of the project was Landry's commitment to aggressively market the project. He asked if this was included in the MOU. Mr. Noe answered that it was not discussed for inclusion in the documents, but he said that Landry's has made it clear that they intend to aggressively market the project. Mr. JeffCantwell, Landry's Senior Vice-President of Development, assured Mr. Kelly that Landry's was fully committed to marketing the project, including print and television media strategies. Council Member Kelly noted that there was a great deal of flexibility included in the amusements part of the agreement. Mr. Cantwell agreed, saying that more details would be included in the definitive document. Council Member Kelly asked Mr. Cantwell how he viewed Mr. McDaniel's revenue projections for the project. Mr. Cantwell replied that he thought the estimates were conservative. Council Member Scott remarked that he was pleased to hear that the Landry's development in Kemah, TX was open for lunch the next day after Hurricane Claudette, about twenty-four hours later. Council Member Scott asked ifLandry's was responsible for maintaining the fountain water features. Mr. Steve Greenberg, Landry's Director of Real Estate and Governmental Affairs, answered aff'h-'matively. Council Member Scott commented that he did not support a 10,000 square- foot limit for a restaurant on South Wharf. In response to Mr. Scott's question, City Manager Noe replied that the South Wharf marina was being limited for their tenants only so that it would not be in direct competition with the city's marina. Council Member Scott asked for more information on Landty's plans for marina employees. Mr. Noe replied that the city was going to be responsible for additional employee security. Couaeil Member Scott remarked that there was a perception in the boating community that Landry's intended to displace the local boaters to attract transient boaters. Mr. Cantwell answered that their primary slip rentals in Kemah were for local boaters, and that would be Landry's focus in Corpus Christi. Council Member Scott expressed his concerns that the proposed development would be unique and distinct to Corpus Christi, but he understood that these details would be addressed in the definitive document. Council Member Garrett asked if the city would have any input on which amusements would be included in the development. Mr. Cantwell replied that it would be negotiated as part of the definitive document, and the Council would have the opportunity to approve or not approve the -23- Minutes - Regular Council Meeting July 22, 2003 - Page 24 definitive document. Council M~mber Garrett asked if the public would be able to enter the development to fish without paying an entrance fee. Mr. Cantwell answered affirmatively. Council Member Garrett asked ifLandry's Would be responsible for dredging. Mr. Noe replied that Landry's would have to dredge in order to maintain first-class operations. Council Member Garrett said that he shared Council Member Scott!s concern about the 10,000-square foot limit on restaurants in South Wharf. He felt there should be no limit whatsoever. Council Member Colmene~ro asked if Landry's would accommodate the Buccaneer Days celebration. Mr. Cantwell replied ~hat Landry's would be interested in participating in any type of celebration near downtown or the bayfront. Council Member Kinnisoi~ asked Mr. McDaniel to explain more about how the capital reserves were created. Mr. McDan!el replied that any excess revenues generated from any taxes plus the lease, after paying for the debt,~would go into the capital reserves. He added that if the city was not able to meet the $2 million obligation, then Landry's would have to create a second capital fund. Council Member Kinnison asked!if the project area ends at the seawall itself. City Manager Noe answered affirmatively. Council Member Garrett asked if the live aboard issue was addressed. City Manager Noe replied that it had not been discussed. Mr. Cantwell added that it would be addressed in the near future. Council Member Noyola expressed his concern that the MOU was not more detailed. He said that he had expected the agre0ment to be near completion. He said he did not understand how the document was going to further the public discussion since it was so general. City Manager Noe replied that Landry's position wa~ that they did not want to expend any funds on design without having a preliminary business arrangement in place. Mr. Cantwell added that Landry's has committed to spend $20 million which will translate into a $45 million investment for Corpus Cbxisti. Council Member Noyola pressed Mr. Cantwell for more specifics on the amusements. Mr. Cantwell replied that without an engineering study, he could not provide them at this time. He noted that Landry's has made it a practice in its other developments not to engage architects and engineers until a preliminary business arrangement has been made. Mr. Cantwell said that this type of arrangement was typical in the real estate business. Council Member Chesney asked what the cost estimate would be to hire engineers and architects to complete the design phase. Mr. Cantwell said he expected to budget approximately $2.5 million for this project. Council Member Chesney said that he did not agree with all aspects of the MOU, mainly regarding South Wharf, but understood Landry's position that an MOU needed to be in place before the design process could begin. He thought the MOU was a good starting point for the discussion. Mayor Neal called for petitions fi.om the audience. Ms. Kathy Huffmeyer, 6706 Sahara, spoke against the Landry's proposal. Mr. Jack G~[d__y, 4118 Bray, spoke regarding illegal signs. Ms. Minutes - Regular Council Meeting July 22, 2003 - Page 25 Margaret Thornton, 6717 Pharaoh, spoke regarding National Flood Insurance requirements and the Landry's development. Mr. R.J. Herschbaeh, 4650 Hakel, spoke regarding the length of the lease for the Landry's proposal. Ms. Dorothy McCoy, 612 Chamberlain, spoke against the Landry's proposal. Ms. Yolanda Trevifio, 917 Lolita Street, spoke regarding irregularities in the appraisal and assessment of taxable properties submitted by the Nueces County Appraisal District. Mayor Neal asked that her written statement be i~cluded in its entirety as part of the minutes for this meeting (see Attachment A). Mr. John Bell, 13750 Primavera, spoke on behalf of his client, Ralph Diaz with Corpus Christi Disposal Service, against the proposed increase to the municipal solid waste service charge by 30-40 percent (Item 45g). Mayor Neal deviated from the agenda and opened discussion on Item 29a, a public hearing regarding proposed amendments to the Platting Ordinance. A motion was made, seconded and passed to open the public hearing on this item. Mr. Michael Gunning, Director of Planning, explained that the proposed Platting Ordinance text amendments relate to reimbursements from the trust fund for infrastructure improvements. He said there were three issues in the development community that the city has faced over the last several years. First, Mr. Gunning said that some developers are preparing to develop areas that will require major trunk line extensions. Second, he said that the city need a mechanism to reimburse developers for installation of lift stations and the extension of trunk lines. Third, he said that the city needed a mechanism for cost sharing with developers for the installation of storm water collection stations. Mr. Gunning reported that the Planning Commission held their public hearing on July 16 and unanimously recommended the amendments. City Engineer Angel Escobar provided the specifics of the proposed ordinance. He said that the original ordinance, established in 1939, has been amended 74 times to date. He stated that the amendments were designed to streamline the reimbursement process and procedures. He noted that the amendments will also allow the Council to approve the request prior to eonslamction. Mr. Escobar said that authorized reimbursements would include gravity trunk mains, sanitary sewer force trunk mains and lif~ stations. He noted that infrastructure improvements must be based on an approved Master Plan. In the event that a Master Plan amendment was required, Mr. Eseobar said that the developer to be responsible for preparing the amendment to the Master Plan before Council approval of construction. He also said that the amendments will rename the trust fund from the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund. Mr. Escobar stated that the order of reimbursements will be based on the order in which the City Council approved the contract. He noted that the amendments also established the Storm Water Collection Sewer Trust to allow for reimbursement for storm water collection sewers. Finally, Mr. Eseobar reported that the city was developing three contract options for developers to choose from for the infi.astmcture construction and reimbursement procedures. Mayor Neal asked for public comment on this item. Mr. Larry Urban with Urban Engineering, spoke in support of the amendments to the Platting Ordinance. He said that he had worked with Development Services staff on developing this new process. A motion was made, seconded and passed to close the public hearing. Mayor Neal asked for council comments. Council Member Kelly asked if the projects eligible for the reimbursements -25- Minutes - Regular Council Meeting July 22, 2003 - Page 26 were on an approved list. Mr. E,cobar replied that the list in the council packet could bear no relationship to the projects that ara completed, but rather were staff's best guess regarding the land that was undeveloped at this time that would require wastewater service. City Secretary Chapa poller the Council for their votes, and the following ordinance passed on its first reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly Noyola and Scott, voting "Aye"; Cooper was absent. 29b. FIRST READING ORDINANCE Amending the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund and authorizing the use of the Sanitary Sewer Trunk System Trust Fund for the installation of trunk force mains and lift stations by adding the Storm Water Collection Sewer Trust Fund and by revising the procedures for obtaining reimbursements to developers fi'om all of the Infraslxucture Trust Funds and providing for an effective ~ate. Mayor Neal deviated fi.om the agenda and opened discussion on Item 40 regarding the adoption of the budget for FY 2003-04. City Secretary Chapa noted that Council Member Noyola was abstaining from the discussion and vote on any airport-related items contained in this item. City Manager Noe noted that Item 42 was related to the various proposed fee adjustments and Item 43 was related to the proposed ad valorem tax rate. Mr. Mark McDaniel, Executive Director of Support Services, reviewed the proposed amendments to the budget. First, he noted that the Amendment #1 reflected the recommendation of the Audit Committee to increase ad valorem taxes by the additional revenues generated from the projected 4.7 percent growth as submitted by the Nueces County Appraisal District on June 13, 2003. He said that Amendment # 1 also adjusted the sales and use tax revenue down by the amount of the ad valorem tax increase, less $100,000 which was added to the General Fund to provide operations performance reviews. Since that time, Mr. McDaniel reported that the Appraisal District had issued the certified roll and values were now at 6.19 percent, generating an additional $653,972 in revenue. He said that staff was suggesting a second amendment to adjust for the additional ad valorem tax revenue, offset by an additional decrease in sales and use tax estimates to reflect no growth as compared to FY 2002-03 year end estimates. He said that staffwas also recommending a decrease in pipeline license agreement and an increase in the General Fund reserve appropriation. Mr. McDaniel said that these amendments would change the total proposed expenditures in the FY 2002-03 from $464,427,103 to $464,616,659 and the proposed revenues from $466,328,525 to $466,518,081. A motion was made, seconded and passed to amend the ordinance to include the revised numbers including the certified roll. Council Member Kinnison noted that the Council has not acted on Item 42 regarding the proposed fee/rate increase adjustments, and that changes to this item would affect Item 40. Mayor Neal answered that Item 40 could be amended aga'm if needed. Mayor Neal asked for public comment_2~-. J.E. O'Brien, 4130 Pompano, spoke against Minutes - Regular Council Meeting July 22, 2003 - Page 27 passing the budget on an emergency reading and also spoke against the proposed fee increases. Mr. DannyNoyola, representing the Corpus Christi Barrios Association, spoke regarding securing more funding for neighborhood services and quality of life issues, and asked for a second reading on the budget to allow for more time for discussion. City Secretary Chapa polled the Council for their votes, and the following ordinance passed as amended with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. (NOTE: Noyola abstained on any airport-related items in this item). 40. ORDINANCE NO. 025394 Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2003; to be filed with the County Clerk and appropriating monies as provided in the budget. Mayor Neal opened discussion on Item 41 regarding the changes to Chapter 39, Personnel reflected in the proposed budget. There was no public comment and no Council comment. City Secretary Chapa polled the Council for their votes, and the following budget passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 41. ORDINANCE NO. 025395 Ordinance mending the Code of Ordinances by revising Section 39 - 303, Standard Classifications, Pay Plans, Pay Grades and Ranges, as amended; revising Section 39 - 304, Classified Service defined, as amended; revising Section 39 -349, Plan II, Personal Leave for Plan II employees, as amended; revising Section 39 - 318, Discretionary Payment of Involuntary Termination, as amended; repealing all other ordinances and rules or parts of ordinances and rules in conflict with this ordinance. Mayor Neal opened discussion on Item 42 regarding the proposed fee/rate increase adjustments included in the proposed FY 2003-2004 budget. Mr. McDaniel explained that Items 42a-1 were fees that supported the budget document. He noted that each of the fees were discussed as the Council reviewed each of the funds. Mr. McDaniel stated that staffwas withdrawing Item 42k regarding building construction fees, rescheduling it for consideration on August 19 with the rest of the development services-related fees. Council Member Chesney asked if any changes to these items would affect the budget. Mr. McDaniel answered affirmatively. Acting City Attorney Reining noted that there was a substitute ordinance for Item 42h regarding the solid waste system service charge, adding a Section (e). Mayor Neal asked for public comment on each of these items. City Secretary Chapa noted that Council Member Noyola was abstaining from the discussion and vote on Item 42fregarding airport parking rates. Mayor Neal commented that Mr. John Bell had commented on Item 42g regarding the solid waste system service charge (SWSSC), and asked staff if they would like to comment. Mr. McDaniel answeredthat it appeared that there was a misunderstanding. He said that staff was increasing the SWSSC across the board at the same rate. He explained that this was the -27- Minutes - Regular Council Meeting July 22, 2003 - Page 28 add-on cost that staff put in the bladget last year for any waste that was collected inside the city limits, whether the waste was take~ to the city's landfill or another landfill. He said that it was the same basic charge, whether the customer had a put-or-pay contract or if the customer was paying at the gate. He did say that customers with a put-or-pay contract were given a better price because they had guaranteed the city a ce~ain volume of waste through their contracts. Several council members commented that the 30 percent increase was substantial. Mayor Neal asked why the increase was necessary. Mr. McD~lniel answered that the increase would generate $600,000, which would be used for funding four new code enfomement officers and the Neighborhood Improvement Program. Mr. John Torrey with Captain Hook Dumpsters asked if staffhad a detailed plan showing exactly how the monies would be used. City Manager Noe answered that he and Mr. McDaniel would go over the information wilh him if he would like to set up an appointment. Mayor Neal opened discussion on Item 42h regarding the solid waste hauler annual permit fee. Mayor Neal asked Mr. JeffKaplan, Director of Solid Waste Services, to comment on a number of letters that the Council had received regarding the lack of enforcement of commercial haulers without proper permitting. Mr. Kaplan replied that Item 42h was specifically designed to provide penalties and enforcement capabilities for the solid waste staff to penalize commercial haulers caught without permits. Mayor Neal asked for public comment. Mr. John Torrey said that he had sent a letter to the Mayor, Council and City Manager regarding the difference between self-haulers and haulers-for- hire, saying that there was no difference between the two except that the haulers-for-hire were required to pay more insurance. City Manager Noe commented that Item 42h addressed many of the concerns that Mr. Torrey had raised, but said that they did not agree on every issue. Mr. Kaplan explained that the self-hauler was categorized as an individual who hauls trash maybe twice a year but doesn't do it for profit. In response to Mayor Neal's question, Mr. Kaplan said that individuals caught abusing the self-hauler category were asked to obtain a proper permit or stop hauling. Council Member Chesney made a motion to amend Item 42h with a substitute ordinance with a new Section (e) and Council Member Noyola seconded the motion. The motion passed unanimously. City Secretary Chapa polled the Council for their votes, and the following ordinances passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. (NOTE: Noyola abstained on Item 42t) 42.a. ORDINANCE NO. 0253915 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and providing an effective date of August 1, 2003. 42.b. ORDINANCE NO. 025397 Ordinance amending the Code of Ordinances, City of Corpus Christi, to establish Section 55-7 to adopt a monthly fffiy cent local exchange access line service fee to provide for the purchase, installation and maintenance e^xpenses, including personnel, of 9-1-1 service in -zl~-- Minutes - Regular Council Meeting July 22, 2003 - Page 29 the City of Corpus Christi, Texas; repealing Ordinance No. 024971 which established a monthly forty cent fee and providing for an effective date of August 1, 2003. 42.c. ORDINANCE NO. 025398 Ordinance amending the Code of Ordinances, City of Corpus Christi to increase and establish the Health Department fees as follows: Food Handler and Food Manager's Permit from $6 to $7; Day Care Facility Inspection from $35 to $50; Sexually Transmitted Disease Clinic visit from $5 to $15; Sexually Transmitted Disease Clinic blood test from $5 to $10; Food Service Permit Reinspection, Fee of $50; Foster Family Home Inspection, Fee of $50; Birth Certificate Cover, Fee of $1; Letter of Verification for Cosmetology License Applicants, Fee of $50; amending Section 23-19 regarding fees for Water Sample Lab Tests; and providing for an effective date of August 1, 2003. 42.d. RESOLUTION NO. 025399 Resolution authorizing fees for laboratory testing of water samples for FY 2003 - 2004 and providing for an effective date of August I, 2003. 42.e. ORDINANCE NO. 025400 Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 53-257, Parking Meter Zones: established by mending certain parking meter zone rates; providing for penalties; and providing for an effective date of August 1, 2003. 42.f. ORDINANCE NO. 025401 Ordinance amending the Code of ordinances, City of Corpus Christi, Section 9-35.1, Parking Rates, to increase long-term (hourly) parking rates and adding covered parking rates at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; and providing for an effective date of August 1, 2003. 42.g. ORDINANCE NO. 025402 Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 21, Garbage Trash and other refuse to increase the solid waste system service charges; providing for penalties; and providing for an effective date of August 1, 2003. 42.h. ORDINANCE NO. 025403 Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and other Refuse to increase, in certain instances, the solid waste hauler annual permit fee; providing for penalties; and providing for an effective date of August 1, 2003. (As amended) 42.i. ORDINANCE NO. 025404 -29- Minutes - Regular Council Meeting July 22, 2003 - Page 30 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and Sidewalks; to increase fees to close and abandon street or easement and providing for an effective date of August 1, 2003. 42.j. ORDINANCE NO. 02540~ Ordinance amending the COde of ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction; and Related Operations; housing and housing premises standards; to add a new flood determination letter Se and providing for an effective date of August 1, 2003. 42.k. 42.1. RESOLUTION NO. 025406 Resolution authorizing Park, Recreation, Cultural and Leisure Time Activities rental fee and recreational fee adjustments; adding new rental fees and recreational fees for FY 2003 - 2004 and providing for an effective date of August 1, 2003. Council Member Kinnison asked what the monetary effect would be of withdrawing Item 42k. Mr. McDaniel stated that if~is item was delayed until August 19, there will be a half month of lost revenues, but staff believed that they could adjust for this amount. Mayor Neal opened the discussion on Item 43 regarding the adoption of the ad valorem tax rate. Mr. McDaniel referred to a document submitting the 2003 certified roll fi.om the Nueces County Appraisal District. He said there were two parts to this item, the first setting the date of adoption of the ad valorem tax rate of $0.644175 as August 26, 2003 and the second setting the public hearing for the ad valorem ~ax rate as August 19, 2003. Mayor Neal asked staff to provide information on the status of a roll-back before August 19. Mayor Neal noted that the city does, through homestead exemptions and over-65 tax exemptions, try to make a substantial difference in the rates their citizens pay. Mr. McDaniel added that there was an item on the November ballot that the Texas Legislature has introduced to freeze a individual's values if they are over 65 years of age. He said that this could impact the city's tax roll to the tune of $350,000. Council Member Kinnison noted that the City of Corpus Christi offered an unusually large over-65 exemption of $50,000. City Secretary Chapa pollad the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 43.a. MOTION NO. 2003-267 -30- Minutes - Regular Council Meeting July 22, 2003 - Page 31 Motion setting August 26, 2003 as the date of the adoption of the ad valorem tax rate of $0.644175 per $100 valuation. City Secretary Chapa polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 43.b. .MOTION NO. 2003-268 Motion setting a public heating on the ad valorem tax rate for August 19, 2003 during the regular City Council meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor Neal thanked the Audit Committee and staff for their efforts on the budget this year. He commented that the budget process was probably going to be easier than in future years. He said this was the best budget cycle that he can remember. He challenged staff to look at the budget carefully over the long-term to plan for the future now. City Manager Noe complimented the Council for their foresight in planning for the future, and he thanked staff for their work as well, especially Mark McDaniel and the budget staff. Mayor Neal called for the City Manager's report. City Manager Noe reported that the groundbreaking ceremony for the Packery Channel Project was set for August 19 at 11:00 a.m. He noted that the Large Cities Conference will be hosted in Corpus Christi fi.om Jan. 8 -10, 2004. He stated that there would be a joint meeting between the Council and the Port Commission on August 26. He said that Mr. Tom Utter had asked him to distribute a copy of dialogue that had taken place on the Senate Floor regarding H.B. 16 relating to election dates. Assistant City Manager Ron Massey spoke regarding the aftereffects of Hurricane Claudette in terms of flooding. He said that there were concerns in the community about flooding after the hurricane, but he said that the reservoirs were receding or below flood stage. He said that Bluntzer was the only location above flood stage, but the flooding was moderate. City Manager Noe reported that Mr. Juan Ortiz, the Emergency Management Coordinator, had submitted his resignation and has accepted a job in Forth Worth, TX. Mayor Neal asked City Manager Noe to look into combining the EOC Director and the Homeland Security position to best prepare the city. Mr. Noe said that the city was already looking into grants. Mayor Neal called for Council concerns and reports. Council Member Garrett complimented City Manager Noe and the budget staff for the smooth budget process. Council Member Garrett asked City Manager Noe to look into emergency funding for the Manshiem area. City Manager Noe replied that the Council has agreed to increase the amount of funding for storm drainage by $10 million. He suggested that the Council could decide to use these dollars to address the problem in the Manshiem area. Council Member Chesney asked for an update on an incident that had taken place at the airport regarding shuttle service. Mr. David Hamrick, Director of Aviation, said that he had received a complaint from Ms. Homer about a shuttle driver who quoted an overcharge to a -31- Minutes - Regular Council Meeting July 22, 2003 - Page 32 potential customer. Mr. Hamrick said that he requested an audit of his transactions, and he was late in providing the information. Mr. Hamrick said that the driver's contract was terminated. Council Member Chesney announced that the next town hall meeting on August 4 at Hilltop Community Center. He said the meeting would be hosted by Council Members Garrett, Cooper, Kelly and himself. Council Member Chesney asked City Manager Noe to provide a response on the incident regarding the thetl of police insurahce papers, specifically asking if a protocol was going to be put into place. City Manager Noe replied that he had previously provided a response detailing efforts to secure personal employee information, but said was not going to take any further action on establishing a protocol. Council Member Chesney replied that he did not like this response and would speak to Mayor Neal about the matter. Council Member Chesney complimented Mr. McDaniel and his staff for the smooth budget process. He said that the Audit Committee would keep up their efforts to assist in the budget process. Council Member Chesney complimented Mr. Juan Ortiz and the EOC for their efforts, as well as City Manager Noe and Ms. Cheryl Soward, Public Information Officer. Council Member Chesney asked that the Sunnybrook/Manshiem area be included on the priority list for storm drain projects. Council Member Noyola commented that his constituents had concerns about all the rate increases included in the budget, but he explained that the fee increases would be used to make some badly needed repairs. He complimented Mr. Juan Ortiz and Ms. Cheryl Soward for their efforts during Hurricane Claudette. He also thanked the County Commissioners for their efforts. He also wanted to recognize those restaurants that donated beverages and food to the workers at the EOC, namely Portis Country Kitchen and Jason's Deli among others. Finally, he asked staffto look into a letter fi.om a constituent regarding a house on MacArthur Street having a problem with bees. Council Member Kelly also spoke in support of assisting the Sunnybrook/Manshiem area. He congratulated Mr. Juan Ortiz o~ his new position. He thanked Mr. McDaniel and his staff for the smooth budget process. He also asked staffto look into a constituent concern fi.om Mr. Floyd. Council Member Colmenero spoke in support of the pilot program for the Neighborhood Improvement Project, saying that the follow-up meeting at Greenwood Senior Center was very successful. He looked forward to the presentation on this program, taking place on August 19. He also asked to speak with staff about the situation with the Southside Pony League. He congratulated Mr. Ortiz for his new position, and thanked him for his work during Hurricane Claudette. He also thanked Mr. McDaniel and staff for their efforts during this budget cycle. Council Member Scott congratulated Mayor Neal, City Manager Noe and Mr. Ortiz for their efforts during Hurricane Claudette. Council Member Scott asked for more information on the street assessment item he had requested earlier. He asked for information on a temporary partition in the airport terminal building. City Manager Noe said that staffhad reinforced the partition because of Hurricane Claudette. Council Member Scott said it was quite rewarding that the Packery Channel project was finally set for a groundbreaking ceremony. Council Member Kinnison congratulated Mr. Ortiz, City Manager Noe and staff for their efforts during Hurricane Claudette. He also thanked Mr. McDaniel and staff for their work on the budget. He also asked staff to work on mowing overgrown grass throughout the city. Council Member Noyola added that high weeds and grass were especially bad around Airport Road and Brownsville Road near Del Mar College. -32- Minutes - Regular Council Meeting July 22, 2003 - Page 33 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:02 p.m. on July 22, 2003. -33- ATTACHMENT A MR. MAYOR: CITY COUNCIL M]~4BERS: AND GENERAL AUDIENCE: My name is Yolanda Trevino, 917 Lolita St., Corpus Christi, Tx. 78416 I have been procrastinatin9 this mtter and tryin9 to get here for five years, so please bear with me and allow me the time needed to complete my presentation. I worked for the Nueces County Appraisal District as an appraiser for ten years and a clerk for 6 years. So I do have hands-on experience and knowledge about the information that I am 9oing to present. Each year I see you all grappling with the budget process and trying to fit that budget within the boundaries.of the tax base sul~itted by the NCAD. Yet, each year there is always the possibility of having to raise the tax rate to fit those needs. As you all should know, the NCAD is the entity that provides the appraisal and assessment of all taxable property in Nueces County. They then submit their values to each taxing agency for cestification and collection. It is my opinion, and has always been, that the values being su~x~itted by the NCAD are incomplete, unequal and insufficient.. As you should also know, the City of Corpus Christi is the major contributor to the fund that budgets the NCAD. Thus, the City has more to lose or gain from this information and the course of action. I urge that all of you, as representatives of the City of Corpus Christi, and the general public, take on more of a "watchdog attitude" with the values being submit -ted and to question the reasons why some businesses are not on the tax roll. As examples for the basis of my opinion, I have suk~itted a list of SO,lO areas, where I know from experience, there is no assessment or taxation or verypoor assessments. I have provided a list for each one of you for review at your con- -venience. I would also add that the NCAD records are on-line. There is a lot of information aarailable to the general public and a way to check or verify information. Their website address is: www.nuecescad.net and their phone number is 881-9978. There needs to be decisive action taken on this matter as soon as possible, due to the loss/gain of the revenue involved. The NCAD will likely state that it is too late for assessments for this year. But, to my current knowledge~they can still appraise and assess property. They would just have to schedule additional Appraisal Review Board meetings on a "Supplemental Roll" Plus, in some cases, they cas even "back-assess" some accounts. This is a process that would take the assessed values "hack" for some years. They "capture" that lost value and the taxing entity r~ains lost revenue. Conseq!3ently,I would ask that all of you bear in mind, that the fact that some businesses are not on the tax roll puts the burden/share of the taxes on the businesses that are. It would also force the increase in the tax rate, I want to thankyou all for your time; for the opportunity to vent; and for allowing me to lift this great weight off my already over-burdened shoulders. Should any one of you have any questions, I'd be glad to try to answer them for you. THANK YOU VERY ~JCH. -34- NAS-CORPUS CHRISTI - to my knowledge, there is no property being taxed out at the base. ~te Property Tax Code states t~-~t "any and all property, being used in the production of income, shall be taxed; unless it it exempted by the statues',. When in doubt, one needs to refer to the manual used by the State Property Tax Board. The following is a list of probabilities that are not being taxed and very well should be: ..... Lockheed-Martin - these are pri~ate contractors, who contract their services and lease the simulation equipment used in the flight training program, to the government. Plus any additional assets which they might own that are located on the base. This value should well be a six-digit figure. ..... Citqo/Circle K - this gas station/convenience store is brand new, building, equipment, machinery, fixtures, signage and inventory. This should also be a six- digit value. ..... Franchises - McDonalds, other eating establishments, any and all small franchises operating within the co~isary or PX, bowling alley or any buildings located on-base. ..... Contractors - any and all prov-ate contractors that contract out to the gov- -ernment, (i.e. fueling, maintenance, construction, mechanical) etc. All of their assets are taxable and should all be on the tax roll. ..... Leasing companies - any and all leasing companies that lease office equip- ment, machinery, vehicles etc. anywhere within the base. The leasing co~,panies should be considered taxable regardless of whether the equipment sits in the base, at City Hall , federal offices or in the County Courthouse. The value still has robe looked into. CORPUS CHRISTI TRADE CE~TEE - 2833 SPID-indoor flea market, houses about 150 small businesses; retail stores, jewelry stores, furniture stores, antique dealers, bars with seating, fast food, toy stores, you name it, it's out there. On any given weekend these stores seem to have as mu~ch or more inventory as any other store on one of the main streets. Where is the equality here? This location just celebrated it's 20th year out there and I would venture to guess that the only accounts shown out there are the ones that I put on the tax roll, years ago. Again, where is the fairness here? OFFICE BUILDINGS - the businesses operating within the office buildings are not visually inspected, as they should be. Values for some tenants are outdated and might have been too low to begin with. The values being submitted by the companies, most of the time, do not encompass all their assets, growth or expansions. (example: one year I inspected a site where the assessed value of 5,000 had been carried over for the previous 5 years. This business, a law firm, had seen a tre- -mendous amount of growth. To the point of now occupying three entire floors; had twenty attorneys on staff; 5 company vehicles; 3 law libraries; a computer on every desk; a very sophisticated phone system and a large amount of leasehold improvements. Needless to say, they were not happywithmy appraisal figure. It is my opinion that there are way too many accounts such as this one, that are getting overlooked by the lack of on-site inspections and a tremendous amount of tax revenue lost. CoRPUs CHRISTI DIOCESE- for years and years and years any and all property that w-as in this name w~s automatically set up as an exempt file. However, the State Property Tax Code states that "church property" will be considered exempt only if the use of the property can be tied bo "church use". I know for a fact, that a lot of the property was never looked into. There were lots, ~racant lots, out on the island. How would these be considered exempt? -35- CORPUS CHRISTI DIOCESE - con~inue~ There is an exemption process, and it should apply to everyone. This was also the procedure used for Spohn Hospital at that time,every piece of property was just exempted automatically. No questions asked;no investigation. CHRISTUS-SPOHN - for years and years, whereby all of the other hospitals were being taxed out of business, Spohn Hospital was not even on the tax rOlls. WHY? Even now, I would venture to say that their existing values are way under market or not even on the roll. PluD, there is also the values for all the leased equipment, machinery , vehicles, etc that are within their properties. We are well into the six-digit figures here. Their non-payment of taxes for all those years may account for the reason, why, they are the only hospital now operating at that scale in Corpus Christi. AUTOMOBILE TAXATION - The State Property Tax Code states tb~t "any vehicle being used in the production shall be taxed" even if it is a personal vehicle. It boggles the mind to see h~wmany doctors, sales reps, lawyers, engineers, real estate agents, service providers, welders, painters, mechanics, interior designers and all other contractors should be on the tax roll in this case. But I would venture to say that there are probably fewer than 25% on the tax roll. HOME-BASED BUSINESSES - there is a large amount of value being lost in this category. There is a growing trend of people being driven to operate their business out of their homes, because of the skyrocketing rent in Corpus Christi.One only needs to drive down city streets a~d see garages full of equipment, machinery, lumber, inventory and even their come, any vehicles parked on the street. I am of the opinion, that a lot of these businesses were at one time on main streets, but were forced to relocate their businesses to theirhomes. However, the Appraisal District probably just voided their accounts instead of tracing their movement. This category has always been ignored by the appraisers and due to the lack of time. But it is a growing trend and needs to be addressed. REFINERY VALUES - my concern with these values is that the values assessed to the refineries may not be anywhere near the market values. In the past, these values were being "settled out" with George Mx)ff. The concern here should be that two of the refineries employeed tax agents who represented their values and they just happened to be ex-employees and very close, personal friends of George Moff. This situation should merit an independent audit from an outside source to verify if the values are fairly assessed. EXMMPTIONS (OVER-65/HOMESTEAD EXEMPTIONS) - The over-65 exemption is an exemption that was adopted to aid the elderly with their taxes. It exempts up to 50,000 off the assessed value of the legal homestead. The regular homestead ex~,p~ion exempts 5,000 of the velue. My last Job as a clerk with the district, I discovered some abuse by t~mupayers and neglect by district employees on the exemption files. I found an over-65 taxpayer, who w~s claiming 3 exemptions on 3 differen~ properties. I found'3 to 4 taxpayers, who were getting this exemption, yet had been deceased from 2 to 7 years! These are only the accounts, that I dealt with due to deed changes. I would be interested to find out how much mere abuse there is in addition to the negligence on the part of the Appraisal District. -36- BUILDING CODE BOARD OF APPEALS - Two (2) vacancies with four-year terms to 5-04-07 representing the following categories: 1 - Architect and 1 - General Contractor. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $220 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for four-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. MEMBERS TERMS ORIGINAL APPTD. DATES Bill Braselton (Building Industry), Chairman 5-04-04 Emesto Gonzalez (Not conn w/bldg, ind.) 5-04-06 *Johnny Cotton (Architect) 5-04-03 Ronald Wheaton (Engineer) 5-04-06 *Philip Skrobarczyk (Gen. Cont.) 5-04-03 Gerardo Garcia (Building Industry) 5-04-04 Richard Alan Dodson (Building Industry) 5-04-05 10-29-96 5-19-98 7-27-99 6-11-02 6-28-99 5-19-98 5-13-97 *Seeking mappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Johnny Cotton (Architect) Philip Skrobarczyk (Gen. Cont.) NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR 5 5 100% 5 4 80% -39- BUSINESS RESOURCE CENTE~ COMMITTEE - Eight (8) vacancies with terms to 8-01-04, 8-C 05 and 8-01-06 representing the following categories: 1 - Chamber of Commerce, 2-Federal/State/Local, 1 - Private Sector, 1 - Hispanic Chamber, 2 - Community at Large and 1 - Black Chamber. DUTIES: To assist with the coordination of business resource center committee activities; to serve as a focal point for the communication, delivery, and negotiation of mutually beneficial approaches for business opportunities for minority, small, disadvantaged, and micro-enterprise businesses; and to ensure maximum oppommities for businesses to participate in the economic mainstream of Corpus Christi. COMPOSITION: The committee shall consist of a minimum of nine and not more than 15 members and shall be composed of a minimum of the following: 3 - representatives from federal/state/local government agencies; 1 - representative from the Chamber of Commerce; 1 - representative from the Black Chamber of Commerce; 1 - representative from the Hispanic Chamber of Commerce and 3 - representatives from the private sector representing major employers with substantial contracting capabilities. A representative from the Minority Business Development Center and a representative of the Small Business Administration shall serve as Advisory Members. Members of the committee may be appointed from within or outside the city. The Mayor of the City of Corpus Christi and the Nueces County Judge shall serve as ex-officio members. MEMBERS *Rene Cantu (Chamber of Commerce) Steve Cervantes (Private Sector), Vice-Chairman **Melanie Gonzales (Federal/State/Local) Adelfmo Palacios (Federal/State/Local) VACANT (Federal/State/Local) VACANT (Private Sector) Joe Atkinson (Private Sector) Gabriel Rivas (Private Sector) VACANT (Hispanic Chamber) ***Roland Barrera (Comm. at Large) ***Lamont Taylor (Black Chamber) VACANT (Community at Large) Sylvia Ford (Community at Large) Mayor County Judge ORIGINAL TERM APPTD. DATE 8-01-04 11-14-00 8-01-04 2-08-00 8-01-03 2-08-00 8-01-04 10-29-96 8-01-05 8-01-05 8-01-04 6-16-98 8-01-04 8-11-98 8-01-05 8-01-03 8-21-01 8-01-03 1-14-97 8-01-03 8-01-04 8-21-01 Ex-officio Ex-officio *Resigned **Is not seeking reappointment ***Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT .NAME Roland Barrera (Comm. At Large) Lamont Taylor (Black Chamber) NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR 4 3 75% 4 3 75% -40- OTHER INDIVIDUALS EXPRESSING INTEREST Larry Buitron Director of Construction, Corpus Christi Housing Authority. High School graduate. Deals closely with the Corpus Christi Housing Authority Board. (Federal/State/Local) (7-08-03) Javier Castillo Sales Representative, Renfi'ow and Company, Inc. Received a B.A. in Finance from Texas A & M University- Corpus Christi. Member of the Corpus Christi Chamber of Commerce. (Chamber of Commerce) (8-08-03) Anne Dreier Loan Officer, Texas Mortgage. Graduate of Dale Carnegie Course Study. Ambassador for the Corpus Christi Chamber of Commeme and Hispanic Chamber of Commerce. (Chamber of Commerce) (8- 4-os) Efrain Franco Sales Executive, Ikon Office Solutions. Member of the Hispanic Chamber of Commerce and Amigos Mexican Association. Received numerous military awards and medals. Named the Citizen of the Quarter t~om the City of New Bern, North Carolina. (Hispanic Chamber) (8-08-03) Rose M. Gonzalez Membership/Special Events, Hispanic Chamber of Commerce. Received the Director of the Year Award for MDA and member of the Corpus Christi Chamber of Commerce. (Hispanic Chamber) (8- 14-03) Carole L. Peterson Director of Workfome Development, Texas A & M University - Corpus Christi. B.A. in English/Spanish and pursuing M.B.A. at Texas A & M University - Corpus Christi. Member of the Business Resource Center Focus Group. Former activities include: Director of Strategic Planning for the Port of Corpus Christi Authority, Workforce Development Board and the Hispanic Chamber of Commeme. (Federal/State/Local or Community at Large) (8-20- O2) Rey Reyna Sales Consultant, Staff-fome. Attended Texas A & M University for a degree in Psychology. Currently serves as the Corpus Christi Hispanic Chamber of Commerce Ambassador Chair. (Community at Large) (8-12-03) David Rodriguez President, American Insulation. Attended Brazos College and the Tuck School of Business at Dartmouth. Member of the Knights of Columbus, the Hispanic Chamber of Commerce and the Hispanic Contractors Association. (Private Sector) (5-28-03) -41- David W. Yoskowitz, Ph.D. Professor, Texas A & M University - Corpus Christi. B.S. Economics/Finance fi.om Bentley College and M.A. and Ph.D. in Economics fi.om Texas Tech University. (Federal/State/Local or Community at Large) -42- Co CABLE COMMUNICATION~ COMMISSION - Two (2) vacancies with three-year terms to 7-27-06. DUTIES: To advise the City Council on adherence to the provisions of any fi'anchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member shall be at the time of appointment, or shall become within thirty days after appointment or the availability of cable service, a subscriber to a cable communications system holding a franchise in the city. The commission shall select from its membership a chairperson and a vice-chairperson whose terms shall be one year. MEMBERS TERMS. Norma Torres, Chairperson Sylvia Dancer *Hector T. Morales *Joel Yowell Richard Pulido *Not seeking reappointment INDIVIDUALS EXPRESSING,INTEREST John Dunn Juan Gareia Adria Renee Palacios ORIGINAL APPTD. DATES 7-27-05 2-17-98 7-27-04 7-10-01 7-27-03 5-11-99 7-27-03 8-22-00 7-27-05 8-20-02 Retired Electronics Engineer, Defense Communication Agency. Member of the National Association of Retired Federal Employees, Society of American Military Engineers and the National Association of Government Engineers. (7- 21-o3) Self-employed producer of local television show. High School Graduate. (7-29-03) Certified Public Accountant, Palacios & Palacios, P.C. Bachelor of Business Administration and Master's in Professional Accounting from the University of Texas in Austin. Member of the C.C. Tennis Association, United States Tennis Association League and the Del Mar College Marketing Club. (8-08-03) -43- Marshall Westmoreland Rural Carder, U.S. Postal Service. Received the Star Aw~ _ for involvement with the Ronald McDonald House Praise Team. Activities include: Padre Soccer coach, Bible Study Teacher, Safety and Health Committee for U.S. Postal Service and Ronald McDonald House Board Committee. (8- 15-03) -44- COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - Three (3) vacancies with terms to 8-31-04 and 8-31-05 representing the following eategnries: 1 - 78415 Resident and 2 - Regular members. DUTIES: To advise the City CoUncil on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD P~Togram~ or their immediate family members~ may serve on the committee. An expiration date for this committee was set as August 31, 2003, unless funds for the program end sooner. MEMBER TERM Verla Gene Varino (78415 res.),Chair 8-31-04 Rafael Alvarez (78415 Res.), Vice-Chair 8-31-05 Dick Leonard 8-31-04 *Kimberly IC Rhodes (78415 Res~denO 8-31-04 **Bobbe J. Cummins-Colbum 8-31-03 ***Andrea Walter 8-31-03 Coretta Graham 8-31-05 Cynthia Rodriguez (78415 Resid~nO 8-31-04 Emmelinda Figueroa (78415 ResidenO 8-31-04 Katie Childs (Youth) 8-31-05 Vanessa Reynolds (Youth) 8-31-04 ORIGINAL APPTD. DATE 9-12-00 2-13-01 4-25-00 8-21-01 8-21-01 8-21-01 4-29-03 12-17-02 8-27-02 4-29-03 4-29-03 *Resigned **Is not seeking reappointment ** * Seeking reappointment ATTENDANCE RECORD iOF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Andrea Walter 11 8 73% -45- OTHER INDIVIDUALS EXPP~ESSION INTERST Lynda Jean Richter Administrative Assistant, TRIGEANT, Ltd. Chair of the PICC Governmental Affairs Committee and United Way Employee Campaign Coordinators. Received the Texans Helping Texans Lone Star Award. (78415 Residen0 (7-03- 03) Michelle Thomas Injury Prevention Coordinator, Driscoll Children's Hospital. Bachelor of Science in Kinesiology/Health Education fi.om Texas A & M University - Corpus Christi. Activities include: Buccaneer Parade Safety Committee, Child Fatality Review Team, Coastal Bend Regional Advisory Council on Trauma and the C.C. Youth Alcohol Awareness Coalition. Received the Texas EMS Citizen's Award. (6-20-03) Megan Welch Office Manager, Moffitt & Associates Inc. B.B.A. in Management from Texas A&M University - Corpus Christi. Member of the Corpus Christi Business & Professional Women's group, Delta Delta Delta, Society of Huron', Resources Management, the American Cancer Society the Coastal Bend AIDS Foundation. (4-24-03) -46- PARK AND RECREATION ADVISORY COMMITTEE - Six (6) vacancies with two year terms to 8-23-05. DUTIES: To provide advice on C~ty parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Cha/rman. MEMBERS Sandra Billish, Chairperson Rome Gregorio, Vice-Chairperson Davie Cissna *Anne Baker Dorrinda Garza **Tommy Watson Jr. *Gloria C. Aguilar ***Billy Olivarez *Clifford E. Bost Maria A. Ramos *Gregory T. Perkes ORIGINAL TERM APPTD. DATE 8-23-04 9-14-99 8-23-04 8-22-00 8-23-04 8-20-02 8-23-03 9-14-99 8-23-04 8-20-02 8-23-03 10-08-02 8-23-03 4-22-03 8-23-03 3-25-97 8-23-03 4-22-03 8-23-04 2-12-02 8-23-03 4-22-03 *Is seeking reappointment **Resigned ***Has met the six-year limitation and is ineligible for reappointment ATTENDANCE RECORi~ OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Anne Baker 10 8 20% Gloria C. Aguilar 2 2 100% Clifford E. Bost 2 2 100% Gregory T. Perkes 2 2 100% (The Park and Recreation Advisory Committee is recommending the new appointment of Karen IFoodard and Michelle Thomas.) OTHER INDIVIDUALS EXPRESSING INTEREST Linda Avila Dean .of Community Outreach, Texas A & M University - Corpus Christi. M.Ed. in School Principalship and Ph.D in Educational Administration. Member of the Arts and Cultural Commission, Women's Shelter Board and the Regional Leaders Forum. (6-26-03) -47- John Dunn Kevin Fen'au Amanda Jane Haney Victor A. Menard Buddy T. Sparks Michelle Thomas Megan Welch Karen Woodard Retired Electronics Engineer, Defense Communication Age~. _ Member of the National Association of Retired Federal Employees, Society of American Military Engineers and the National Association of Government Engineers. (7-21-03) Asset Manager, Citgo Refining and Chemicals. M.B.A. from Pepperdine University, B.S. in Chemical Engineering from California State Polytechnic University. Community activities include the following: Padre Soccer League board member, director of player development and coach; City of Corpus Christi Recreation Department volunteer league player. (3-08-02) Owner, Crossroads Travel. Attended college and received specialty training education. Member of the Airlines Reporting Corporation International and the Association of Travel Agents. (7-31-03) Taxpayer Liaison Officer, Nueces County Appraisal District. Member of the Mayor's Fourth of July Committee, AARP Texas Executive Volunteer for Community Service, Bayfest Board of Trustees, Boys and Girls Club, Neighborhood Visions and Flint Hills Community Advisory Council. (8-04-03) Retired. Received a Masters in Business Administration. Chin the Nueces County Appraisal Review Board. Previously served on the Friends of the Park Committee. (7-18-03) Injury Prevention Coordinator, Driscoll Children's Hospital. Bachelor of Science in Kinesiology/Health Education from Texas A & M University - Corpus Christi. Activities include: Buccaneer Parade Safety Committee, Child Fatality Review Team, Coastal Bend Regional Advisory Council on Trauma and the C.C. Youth Alcohol Awareness Coalition. Received the Texas EMS Citizen's Award. (6-20-03) Office Manager, Moffitt & Associates Inc. B.B.A. in Management from Texas A&M University - Corpus Christi. Member of the Corpus Christi Business & Professional Women's group, Delta Delta Delta, Society of Human Resources Management, the American Cancer Society and the Coastal Bend AIDS Foundation. (4-24-03) Regional Urban Forester, Texas Forest Service. Associates of Science in Horticulture, Bachelor of Science in Environmental Science and Master's of Science in Forestry. Member of the Society of American Foresters and Intemational Society of Arboriculture. Received to Texas Urban Forestry Council's Student Commu Project Award. (7-15-03) -48- 3 1 Requested Council Date: 08/19/03 Altcraatc Council Date: 08/26/03 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Jones & Cook Stationers, Corpus Christi, Texas for Office Supplies, Copy Paper, Office Furniture, Ribbons, Toner, & Supplies, Copier Equipment & Accessories, Computer Equipment Accessories, and Office Machines / Equipment in accordance with Bid Invitation No. BI-0109-03 based on Best Value for an estimated three-year expenditure of $2,880,258. The term of the contract will be for 3 years, subject to aunual appropriation, with an option to extend up to two additional years, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY03-04 and will be requested for all subsequent years. Purpose: The supply agreement is a consolidation of all Office Supplies and Office Related Commodity Categories. The supplier will provide for service, transportation, freight, material tracking, and off loading competencies necessary to provide the City with these items within 24 hours of ordering. An evaluation team representing those departments with the highest volume spend was established to review the bids, determine the process to evaluate the bids, develop the finalized evaluation criteria, complete the evaluation matrix, document the results, and rank the bids. Team members included the Police Management Assistant, Gas Management Assistant, Water Procurement Supervisor, Finance Executive Assistant, City Card Program Administrator, Purchasing Senior Account Clerk and the Purchasing Senior Buyer. The evaluation team met over a 4-week period and held four meetings. Bid Invitations Issued: Eleven Bids Received: Three - The bid received from Staples, Stan Antonio, Texas has been deemed as non-responsive for failure to follow the required bidding format. Price Analysis: When compared to like items purchased within the last year, pricing will decrease by approximately 15%. Basis of Award: Best Value The evaluation team developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the bid included: (1) Risk 25%, (2) Strategic Need 17.5%, (3) Technical Solution 17.5%, and (4) Cost 40%. The evaluation team reviewed each bid 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 Schedule A. -51- As a result of the evaluation, the team chose Jones & Cook as the "Best Valued" !supplier for this opportunity. Jones & Cook has the greatest local warehouse presence, a commitment to storing the City's list of most frequent!y ordered commodity items, the most aggressive pricing, and the ability t9 assist all departments with local "vendor managed shelving" program!. Based Ul~On the most frequently ordered (MFO) office supply items and the projecte~ discounts for items outside of the MFO, this contact is projected to reduce the spend for office supplies and office related expenditures by at least $19[2,000 per year. Funding: Funds h~ve been budgeted by the using departments through Expense Account~ 520120 (Office Supplies) and 520110 (Minor Office Equipment), for FY0~/04. Funds will be requested for all subsequent years. M,chael B~irrera, C 1~ I~. Procurement & General Services Manager -52- Schedule A rITV nG f QDI IC PWOICTI SUMMARY EVALUATION MATRIX OFFICE SUPPLIES AND RELATED OFFICE EQUIPMENT Jones & Cook Corporate Express US Communities (Bid) (Bid) (Cooperative Contract) Evaluation Criteria Maximum Points Points Points Points Awarded Awarded Awarded Risk 25 points 22.3 17.3 16.8 Strategic Need 17.5 points 14.9 11.4 10.5 Technical Solution 17.5 points 15.8 17.5 15.8 Cost 40 points 40.0 28.0 37.7 TOTAL 93.0 74.2 80.8 Total Projected Annual Spend $960,086 $1,425,920 $1,017,019 Total Projected 3 Year Spend $2,880,268 $4,277,760 $3,061,067 CITY COUNCIL A{ iENDA MEMORANDUM DATE: July 30, 2003 AGENDA ITEM: Motion auth¢,rizing the City Manager, or his designee, to execute a deferment agreement that would a;low the Director of Engineering Services/City Engineer to approve the final plat for filing for Driscoll Children's Hospital Urgent Care-Simpson Drive, in advance of completion of seventy-five percent (75%) of the required public improvements by the Developer, upon Developer posting a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project as authorized by Section V, Paragraph A, subparagraph 3. b(3) of the Platting Ordinance. ISSUE: Building permits cannot be issued, and Fulton Construction Corp. * Coastcon Corporation will not be able to construct Driscoll Children's Hospital Urgent Care-Simpson Drive in the required time schedule, unless a deferment agreement is signed that allows filing of the final plat for record prior to completion of 75% of the public improvements. REQUIRED COUNCIL ACTION: Council authorization that will allow the City Manager to enter into a deferment agreement with Fulton Construction Corp. * Coastcon Corporation. CONDITION: Developer must I~ost a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment iagreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: 1. Motion 2. Deferment Agreement 3. Site Location Map Margie C. Rose Assistant City Manager / Interim Development Services Director C:\WINDOWS~Desktop~CITY COUNCIL AGENDAS~I10%~ch urgent care-simpson drive.mem.v, pcl -57- AGENDA MEMORANDUM ADDITION/~d. BACKGROUND INFORMATION Mr. Philip Skrobarczyk, President' of Fulton Construction Corp. *Coastcon Corporation, requested that the Planning Com ~ission and City Council approve an infrastructure deferment agreement between the City and Fulton Construction Corp. *Coastcon Corporation, which allows the Director of Engineerin!l Services/City Engineer to approve and file for record the final plat for Driscoll Children's H~ ~spital Urgent Care-Simpson Drive, before 75% of the required public infrastructure imp ovements are constructed. The cost of the project to construCt the required public improvements has been estimated at $104,265, as determined from the estimates provided by Fulton Construction Corp. *Coastcon Corporation. In accordance with ~he Platting Ordinance, the security required from the F.u. lton Construction Corp. *Coastcon COrporation shall be in the amount of 110% of the cost of me project for a total of $114,692. Other applicable conditions include the following: Fulton Construction Corp. *Coastcon Corporation shall construct the required improvements incl~Jding construction of Simpson Drive in accordance with the engineering standards in effect at the time of construction. The security shall be returned to Fulton Construction Corp. *Coastcon Corporation upon r~omplefion of the improvements. That if the project must be completed by the City and the security proves inadequate to complete the improvements, the Fulton Construction Corp. *Coastcon Corporation shall reimburse the City for the additional cost of the improvements. Developer must abide by the conditions of the deferment agreement. C:\WIN DOWS~)esk~op~ClT~F coUNCIL AGENDA~\110%'~ch urgent care-simp~on dfive.bac.wl3d -§8- -59- ID wL r I / / jH i _wl ZMN anIM: J-----'-- --- - - ---- 11 .,! Y l�I � J -59- A{ }ENDA MEMORANDUM City Council Action Date: August 19, 2003 AGENDAITEM: Ao Ordinance appropriating Water 1994 CIP Fund North Navigation Pumpi Main; amending capital appropriations by $73,4; $73,471.60 from the unappropriated interest earnings from t081; and appropriating in Water ClP Fund 4081 for the )g Plant Contract #3 - 36" Diameter Water Transmission ~)udget adopted by Ordinance No. 025144 by increasing '1.60; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with Jalco, Inc. of Ho~Jston, Texas, in the amount of $73,4,7,,1.60 for the North Navigation Boulevard I~umping Plant Contract Three - 36 Diameter Water Transmission Main (No~h Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant) ISSUE: Additional work elemepts are now necessary to avoid conflict with future planned improvements at Ben Garza Gym. FUNDING: Funding is available through unappropriated Water CIP interest earnings. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Change Order as presented so work may proceed in a timely manner. Eduard//o ~'ar~r~a~/P.E. Directd~,,6f V~.~e'r Services ~g~ R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Change Order Summary Exhibit "C" Location Map -63- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: C.h,,ange Order #1i North Navigation Boulevard Pumping Plant Contract Three 36 diameter Water Transmission Main North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant PRIOR COUNCIL ACTION: / / 1. November 30, 1999 - Motion authorizing the City Manager or his designee to execute an engineering~ervices contract in the amount of $328,979 with Urban Engineering for the: · Savage LanelPumping Plant Clearwell Replacement Project; · Downtown Ar~a Hydraulic Analysis; and, · Water DistribUtion System Extended Period Simulation (EPS) Model. 2. July 18, 2000- Motion ~authorizing the City Manager or his designee to execute Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase (Engineering) Services ~Vith Urban Engineering for a fee not to exceed $902,250 for the Savage Lane Pumping Plant Clearwell Replacement Project. 3. December 19, 2000- Mbtion authorizing the acquisition of Parcel 1; a 9.853 acre tract of land located on Navigation Boulevard, south of and adjacent to the Savage Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park, Section 2, from the owners of Ear, Nose and Throat Pension Plan, for $120,000 in connection with the Savage Lane Pumping Plant Clearwell Replacement project and for other municipal purposes. 4. August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Jalco, Inc. of Houston, Texas, for a total fee not to exceed $3,187,800 for the North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant) 5. Au.qust 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a testing services agreement with Fugro South, Inc. for a total fee not to exceed $116,000 for the North Navigation Boulevard Pumping Plant Contract Number Three: 36"-Diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant) PRIOR ADMINISTRATIVE ACTION: July 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01 (Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local architectural and engineering firms. EXHIBIT "A" I -64- Page 1 of 2 BACKGROUND INFORMATION: The original contract scope pro, from the new North Navigation system at the Caldwell Street F next to the Ben Garza Gym. D necessary to extend this 36" line covered basketball pavilion wil ,ided for installing a 36" diameter water transmission main 3oulevard Pumping Plant to the existing water distribution umping Plant. The existing distribution system is located ue to future planned construction at Ben Garza, it will be ~to avoid future construction conflict. In early 2004, a new be constructed utilizing Community Block Development Grant Funds. This change order will provide for the line to be extended along the Crosstown Access Road to iHoward Street and avoid any construction conflicts. Additionally, this extension will result in replacement of an existing 20" line installed during the 1930's. PROJECT DESCRIPTION: This project consists of the extension of the 36" waterline presently under construction and the hydro-excavation of the existing 20" line. FUNDING: Funds for this change order are available from the unappropriated Water CIP interest earnings. -65- EXHIBIT "A" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August lg, 2003 PROJECT: North Navigationi Boulevard Pumping Plant Contract Three- 36'' Diameter W~ ~ter Transmission Main North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant Project # 8366 APPROVED: City Council on t8/20/02 - Motion No. M2002-261 CONTRACTOR: Jalco, Inc; of Houston, Texas 5148 LotU~S Houston, YX 7704§ TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ........................................... Change Order No. I (08/19/03) ..................... Total .......................................................... $3,187,800.00 796,950.00 73,471.60 73,471.60 = 2.30% < 25% H:\HOME\LYNDAS\GEN\WATER\North Navigation Plant\8367 - N. Navigation Contract 3\CO #1\Change Order Summary.doc EXHIBIT "B" Page 1 of 1 -66- \ Mprojecf \ councilexh lbits \ exhS$ 66. dwg San Patricio Co~ N HWY 44 Nueces INT~ATIONA~ N~RT H 37 CHANGE ORDER LOCATZON CORPUS CHRISTI BAY F.M. 43 F~ 2444 PROJECT No. 8366 LOCATION J/lAP NOT TO SCALE North Navigation Boulevard Pumping Plant Contract Two: Pumping Plant and Site Eork cn~OF CORPUS CHR~T~, T~-67- CZTY COUNCZL EXHZB][T DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of= 1 DATE: 04-03--2003 ORDINANCE APPROPRIATING EARNINGS FROM NAVIGATION PUMPINi DIAMETER WATER TR CAPITAL BUDGET A INCREASE APPROPRI EMERGENCY BElT ORDAINED BY THE TEXAS: ,471.60 IN UNAPPROPRIATED INTEREST TER CIP FUND NO. 4081 FOR THE NORTH PLANT CONTRACT NO. 3 REGARDING 36" ~,NSMISSION MAIN; AMENDING FY 2002-2003 ::)OPTED BY ORDINANCE NO. 025144 TO ~,TIONS BY $73,471.60; AND DECLARING AN CITY COUNClL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That $73,471.60 i~s appropriated from the unappropriated interest earnings from Water .C. IP Fund No. 4081 for the North Navigation Pumping Plant Contract No. 3 regarding 36 diameter water transmission main. SECTION 2. That the FY 2002~2003 Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $73,471.60. SECTION 3. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: August 11, 2003 Lisa Agu~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor -68- AGENDA MEMORANDUM DATE: August 19, 2003 SUBJECT: Oso Water ReclaF~ation Plant Effluent Re-Use Pump Station (Project No. 7259) AGENDA ITEM: Ordinance appropriating $122,222.85 from the unappropriated interest earnings and $30,157 from unappropriated miscellaneous revenues from Wastewater CIP Fund 3430; and appropriating iin Wastewater CIP Fund 3430; appropriating $46,400.15 from the unappropriated !interest earnings from Wastewater 2002 CIP Fund 4244; and appropriating in Wastewater 2002 CIP fund 4244 for the Oso Water Reclamation Plant Effluent Re-Use Pump Station; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $198,780; and declaring an emergency. Motion authorizing the Clty Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Urban Engineering in the amount of $198,780, for a total re-stated fee of $222,630, for the Oso Water Reclamation Plant Effluent Re-Use Pump S[tation ISSUE: The proposed project will provide for the replacement of existing effluent pumping facilities at the Oso Water Reclamation Plant with a new centralized effluent pump station. This station will be capable o~ meeting all existing demands, plus provide additional capacity to serve projected increases in both short and long term irrigation needs throughout a large part of the Clity. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Department Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H:~USERS2~HOME~VF-LMAR~GEFAWASTEWA"P,7259'~AGENDA MEMO -71- BACKGROUNDINFORMATION SUBJECT: Oso Water Reclamation Plant Effluent Re-Use Pump Station (Project No. 7259) PRIOR COUNCIL ACTION December 17, 2002 Budget (Ordinance PRIOR ADMINISTRATIVE May 15, 2002 - Exe~ Urban Engineering Approval of the FY 2002-2003 Capital Improvement o. 025144). ACTION: ;uted Small Agreement in the amount of $23,850 with )r the Oso Water Reclamation Plant Effluent Re-Use Pump Station Project. FUTURE COUNCIL ACTION: Approval of construction contract to complete the project. BACKGROUND INFORMATION: Non-potable wastewater treatment plant effluent is commonly usedf~.for irrigation purposes as part of water conservation programs. Effluent from the City's Oso Water Reclamation Plant is currently pumped to the Pharaoh Valley and Oso Municipal Golf Course facilities for irrigation purposes. The existing pumping facilities, however, do not have capacity to serve the additional irrigation needs of Texas A & M University Campus, Kings Crossing COuntry Club or the Corpus Chdsti Country Club. This proposed project will provide for the replacement of existing pumping equipment with a new centralized effluent pump station at the Oso Water Reclamation Plant site. This station will be capable of meeting all existing demands, plus provide additional capacity to serve projected increases in both short and long term irrigation needs throughout a large part of the City. AMENDMENT NO. 1: Amendment No. 1 will provide for Basic Services and Additional Services. The Basic Services includes Design Phase, Bid Phase, and Construction Phase. Additional Services includes Topographic Survey, Environmental Issues, Construction Observation, Operations & Maintenance Manual, Start-Up Services, Warranty Phase, and Non-Potable Water System Modeling. -72- \ Mproject \ councilexhibits \ exh 7259, dwg I CORPUS CHRISTI BAY N PROJECT LOCATZON PROJECT No. 7259 LOCATZON MAP NOT TO OSO WATER RECLAMATION PLANT EFFLUENT RE-USE PUMP STATION -73- EXHIBIT "B" CITY COUNCIL EXHIBIT ,,~ CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 08-06-2003 ~ ORDINANCE APPROPRIATING $122,F222.85 FROM THE UNAPPROPRIATED INTEREST EARNINGS AND $30,157 FROM UNAPPROPRIATED MISCELLANEOUS REVENUES FROM WASTEWATER CIP FUND 3430 AND APPROPRIATING IN WASTEWATER CIP FUND 3430; APPROPRIATING $46,400.15 FROM THE UNAPPROPRIATED INT FUND 4244 AND APPR( FOR THE OSO WATER STATION; AMENDING ORDINANCE NO. 0251~ AND DECLARING AN Eli =REST EARNINGS FROM WASTEWATER 2002 CIP ,PRIATING IN WASTEWATER 2002 CIP FUND 4244; RECLAMATION PLANT EFFLUENT RE-USE PUMP FY 2002-2003 CAPITAL BUDGET ADOPTED BY 4 TO INCREASE APPROPRIATIONS BY $198,780; IERGENCY BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $122,222.85 fi.om the unappropriated interest earnings and $30,157 from unappropriated miscellaneous revenues from Wastewater CIP Fund 3430 is appropriated in Wastewater CIP Fund 3430 for the Oso Water Reclamation Plant Effluent Re-use Pump Station. SECTION 2. That $46,400.15 from the unappropriated interest earnings from Wastewater 2002 CIP Fund 4244 is appropriated in the Wastewater 2002 CIP Fund 4244 for the Oso Water Reclamation Plant Effluent Re-use Pump Station. SECTION 3. That the FY 2002-:~003 Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $198,780. SECTION 4. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: August 12, 2003 Lisa Aguilar U Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor -74- 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Au.qust 19, 2003 AGENDA ITEM: Appropriating a $107,252.'i~' Insurance Settlement in the Visitors Facility Fund No. 4710 for ConventiOn Center Flood Damage Repairs; Amending the FY 2003-2004 Operating BUdget Adopted in Ordinance 025394 by increasing appropriations by $107,252./'~; and Declaring an Emergency. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Moorhousle/Beecroft,'Joint Venture, LLC, in the amount of $126,892.00 for flood damage repairs t(~ existing Convention Center doors, frames, and elevators. (Proj~ect No. 4198) ISSUE: The change order to authorize the necessary repairs was not completed prior to the end of the fiscal year. An ordinance to re-appropriate the insurance settlement must be approved by Council prior to expending the funds for repairs. FUNDING: Funds will be available from the Visitors Facility Fund No. 4710 and Visitor Facility 2002 ClP Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. [~O~.ngel R. Escobar, P.E. IDate Director- Engineering Services Attachments: Exhibit A: Background Exhibit B: Change Order Exhibit C: Budget Exhibit D: Location Map H:~-IOME~KEVINS\GEN\CONVCTR\EXPANSIO~CO3AgendaMemo.doc -'/7- BACKGROUND INFORMATION ADDITIONAL INFORMATIONI The change order provides forithe replacement of six wood doors with metal doors in the parking garage. The existing d doors and frames in the Exh sheetrock will be repaired and including hinges, pulls, panic stripping. Two passenger and 3or frames will be cleaned and repainted. Sixteen existing bit Hall/Loading Dock will also be replaced. Damaged 'epainted. The change order provides new hardware sets hardware, Iocksets, closures, door seals and weather two freight elevators will also be repaired. Council appropriated an insurapce settlement for flood damage to the Convention Center June 17, 2003. The change order to authorize the repairs could not be presented for Council approval prior to the end of the fiscal year. PRIOR COUNCIL ACTION: The Arena and Convention Ce~nter projects have involved a number of complex actions. Some of the significant actions~ by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Cpmpany for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and tralnsferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an amhitectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility ClP Fund. H:\HOME~KEVINS\GEN\CONVCTR\EXPANSIO\CO3bkgExhA.d_o~8- IEXHIBITA I Page 1 of 4 of the Multipurpose Arena and Bayfmnt Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adol~ting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $~million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). Auqust 287 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amou~nt of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (R~s. No. 024563); · Authorization to execute ~11 documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900~ubject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative SpeCial Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. NO. 024564); · Authorization to execute ar) earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a pumhase price of $3,3!19,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and Study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). Auqust 27, 2002 - Motion authorizing the City Manager or his designee, to execute a contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint Venture for the Convention Center Expansion and Renovation Project (M2002-283). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003), b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceedi $736,465 to the architectural services contract with H:\HOME~KEVINS\GEN\CONVCTR\EXPANSIO\CO3bkgExhA.d_os/9- / Thompson, Ventuleff, Sta!nback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 26, 2002 - a. Ordinance providing for the Issuance of City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Sedes 2002, in an aggregate principal amount of $31,545,000 and ordaining other matters relating to the subject (Ord. #025121). b. Ordinance appropriating $1 626,418 from Reserve for Convention Center Expansion in Co the Hotel Occupancy Tax I Convention Center 2002 ( Center 2002 CIP Fund; $3; Occupancy Tax Revenue C Hotel Occupancy Tax Fund the Convention Center 200: Convention Center (Ord. #£ Motion authorizing the City I the Construction Manager ~ LLC establishing a Guarant Bayfront Convention Cenl .'und 1030; authorizing the transfer of $1,626,418 to the :lP Fund; appropriating $34,185,505 in the Convention ,131,337, from the Combination Tax and Municipal Hotel ~rtiflcates of Obligation, Series 2002, $1,626,418 from the 1031, and $427,750 from anticipated interest earnings in ! ClP Fund, to fund the construction and expansion of the 25122). /lanager, or his designee, to execute Amendment No. 1 to t Risk contract with Moorhouse - Beecroft, Joint Venture, .~ed Maximum Price of $25,000,000 for construction of the er Expansion / Rehabilitation Project, subject to the appropriation of funds (M2(02-399). February 181 2003 - Motion a~uthodzing the Acting City Manager, or his designee, to execute Amendment No. 2 tothe Contract for Construction Manager at Risk services contract with Moorhouse- Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum PriCe of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center EXpansion / Rehabilitation Project (M2003-069). June 17, 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by increasing appropriations by $107,252.0Q; and Declaring an Emergency (Ord. No. 025340). PRIOR ADMINISTI~a~TIVE ACTIONS: July 31, 2000 - Award of Amer~dment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural seleCtion assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award' of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. April 17, 2003 - Award of Change Order No. 1 in the amount of $22,738 to Moorhouse/Beecroft Joint Venture, LLC for miscellaneous architectural, civil and utility modifications. H:\HOME~KEVINS\GEN\CONVCTR\EXPAN SlO\CO3bkg ExhA.d_c~0_ IEXHIBITA I Page 3 of 4 July 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking, sidewalks, handicapped improvements, subgrade and other modifications. H:~HOM E~KEVINS\GEN\CONVCTR~EXPANSIO\CO3bkgExhA.d_o§ 1 - IEXHIBITA I Page 4 of 4 DEPARrI'MENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August 19, 2003 PROJECT: CONVENTION C~NTER EXPANSION AND REHABILITATION Project No. 4198 APPROVED: COUNCIL MOTION No. 2002-283 APPROVED 8/27[/02 CONTRACTOR: Moorhouse - Beecroft, Joint Venture, LLC 5826 Bear Lane Corpus Chiristi, TX 78405 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ............................ .............. 24,614,045.00 6,153,511.25 Change Order No. 1 (04/19/03) ..................... Change Order No. 2 (04/03/03) ....~ ............... Change Order No. 3 (07/19/03) .................... Total ............................................................... 22,738.00 22,035.00 126,892.00 171,665.00 = 0.7% < 25% Exhibit B 1 Page 1 of 3 -82- CHANGE ORDER No. 3 Depprtrnent of Engineering Services City of Corpus Chdsti, Texas CHANGE ORDER NO: 3 FUNDING SOURCE: 550910-3181-0001:D-110710 - $19,638.00 FUNDING SOURCE: Insurance Fundin:l - $107,254.00 Operating Department: Department of En'~ineednq Services Name of Project: Convention Center Exp~ nsion/Renovation #4198 Contractor: Moorhouse/Beecrofl Joint Ve~ ~ture, LLC DATE: July 16, 2003 CONTRACT TIME: 670 C.D. CHANGE AS FOLLOWS: a. Remove and Replace Existing Cor'~vention Center Doors and Frames. b. Provide Upgrades and Renovations to Existing Elevators. FUNDING SOURCE: 3181 3181 Total Add - Lump Sum: $126,892.00 Why was this change necessary?. (If left off the plans and specifications, explain why) Items (a) and (b) on the attached paqe are items of work that need to be accomplished in the existinq Convention Center ailowin.q the facility of operate as pdqinally designed. The maiodty of the items were damaqed last Fall when the Parkinq Garage flooded and nst~rance fundinq will be utilized to qet the repair work completed. can similar changes be avoided in the future? The only way either of these two items could be avoided would .,~ve havinq the Convention Center Maintenance Department attempt to perform this repair and renovation work internally themselves. A. CONTRACT PRICE ............................................... B. TOTAL CHANGE ORDERS (inc. currenrt) ............ $ C. NEW CONTRACT PRICE ..................................... $ D. THIS CHANGE ORDER ........................................ E. PERCENT TOTAL CHANGE (B/A) ....................... F. PREVIOUS ADDN'L TIME AUTHORIZED ............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME .................................. 24,614,045.00 171,665.00 24,785,710.00 126,892.00 .70 % 0 CD 0 CD o CD Project Engineer CITY OF CORPUS CHRISTI, TEXAS By:// /'City Efigineer APPROVED: CONTRACTOR By: Title: /P~c,j~,~,- ~.,~.,~/~,~-~ Operating Dept. Director of Management & Budget Legal Department Exhibit B Page 2 of 3 I Page 18~-2 CHANGE ORDER No. 3 Dep~artrnent of Engineering Services Cit7 of Corpus Christi, Texas a.) PCO/CR No. 38 - Remove and replace the 6 wood doors in the Southwest comer of the existing Parking Garage. The doors are Io( Closet, and Telecom Room. Fram Paint new wood doors and existir Remove and replace the 16 exi., existing wood doors shall be repl~ metal doors and frames to match ~ needed. Provide new hardware s( seals, weather stripping, etc. M/I: removable retainers at the doubl dated July 14, 2003. ated at the existing Maintenance/~Noodworking Shop, Electrical ~s shall remain and each frame shall be cleaned and repainted. g frames to match wall. ting doors and frames at the Exhibit Hall/Loading Dock. The .ced with new hollow metal doors and frames. Paint new hollow ;xisting color. Repair any damaged sheetrock and repaint wall as ts including hinges, pulls, panic devices, Iocksets, closures, door shall replace the existing removable mullions and top/bottom ~ doorframes. Moorhouse/Beecroft Change Proposal No. 042 b.) PCO/CR No. 39 - Provide all add described in the attached propo= elevators and the two freight el¢ described in the Gilbane/AG-CM Add = $37,436.00 tional work associated with renovating the existing elevators as ;als from Kone dated November 7, 2003. The two passenger vators shall be included in this Change Order per the scope Request for Change Quotation/Change Request No. 39 dated June 25, 2003. Moorhouse/Bee¢'roft Change Proposal No. 43 dated July 2, 2003. Add = $89,456.00 Page 2 o~4- Exhibit B I Page 3 of 3 CONVENTION CENTER REHABILIT[ATION & EXPANSION Revenues Bond Proceeds Hotel Occupancy Tax Fund FY 2002 Revenue Insurance Appropriation Expenditures Construction Change Order No. 1 Change Order No. 2 Change Order No. 3 Mechanical System Pro Rata Contingency (9.3%) FFE A/E Engineering Reimb. Geotechnical Project Management PM Construction Phase (1) Art (1.25%) Materials testing/laboratory Misc. (Printing, Postage, etc.) TOTAL 34,185,505 $ 1,626,418 1,677,119 107,252 37,596,294 24,614,045 22,738 22,035 126,892 1,500,000 2,289,735 1,500,000 2,044,066 110,000 12,000 486,000 1,798,500 137,700 8,000 34,671,711 Exhibit C Page 1 of 1 -85- File : \Mproject\councile~thibits\exh4198. dwgi NUECES BAY N PROJECT LOCATION LOCATION MAP NOT TO SCALE N CITY PROJECT No.4198 VICINITY MAP NOT TO SCALE CONVENTION CENTER EXPANSION AND RENOVATION CONSTRUCTION MANAGER AT RISK AWARD (AMENDMENT N0_~6_2) CITY OF' CORPUS CHRISTI, TEXAS EXHIBIT "D" CITY COUNCIL EXHIB.~T DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07-50-2003 ORDINANCE APPROPRIATING A i$107,252./~' INSURANCE SETTLEMENT IN THE VISITORS FACILITY FUND NO. 4710 FOR CONVENTION CENTER FLOOD DAMAGE REPAIRS; AMENDING THE FY 2003-2004 OPERATING BUDGET ADOPTED IN ORDINANCE 025394 BY INCREASING APPROPRIATIONS BY $107,252./~'; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ' SECTION 1. That a $107,25~2.00 insurance settlement is appropriated in the Visitors Facility Fund No. 47110 for Convention Center Flood Damage Repairs. SECTION 2. That the FY 2003-2004 Operating Budget adopted in Ordinance No. 025394 is amended by increasing appropriations by $107,252.00. SECTION 3. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: August 14, 2008 Lisa Aguilar ~ Assistant City Attorney for City Attorney -87- 8 AGENDA MEMORANDUM DATE: August 19, 2003 SUBJECT: (Project No. 6158) B( Laguna Shores Road Street Improvements from Mediterranean to Caribbean ~ND ISSUE 2000 PROJECT NO, C-1R AGENDA ITEM: A. Resolution determining the ne Corpus Christi, Nueces Counl specityi°ng Laguna Shores R that certain of the :essity for and ordering the improvement of the following highways in ~,, Texas: 3ad Street Improvements from Mediterranean to Caribbean se improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to ill{ a Notice of Proposed Assessments with the Nueces County Clerk (BOND ISSUE 2000). Resolution approving plans an~ specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: · Laguna Shores Road Street Improvements from Mediterranean to Caribbean approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the September 30, 2003 City Council Meeting; directing the City Secretary to arrange to publish notice of this public headng; and ordering the Director of Engineering Services to provide wdtten notice of the public hearing to property owners (BOND ISSUE 2000). ISSUE: Laguna Shores Road is a rural road section with inadequate shoulders, roadside ditches, and no sidewalks and needs to be reconstructed to urban standards. Reconstruction will provide smoother riding surfaces, improved drainage, and increased pedestrian safety; and fulfill property owner requests for street and sidewalk improvements. FUNDING: Funds to finance the proposed project are available in the Street Bond Fund and Utilities Commercial Paper Program. RECOMMENDATION: Staff recommends approval of the Resolutions as presented. /~g~l 'R. Escobar, P. E., Director of Engineering Services Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E' Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "1" Support Material: Agenda Background Material Location Map Necessity Resolution Plan Resolution Bid Tabulation Preliminary Assessment Roll Preliminary Project Budget Time Schedule Notice of Proposed Assessments H:IUSERS2~HOME~VELMARIGEN~STREET~6158\NECESSIT'C~AGENDA MEMO -91- BACK GROUND INFORMATION SUBJECT: Laguna Shores Roa(~ Street Improvements (Project No. 6158) BOND ISSUE 2000 pROJECT NO. C-IR PRIOR COUNCIL ACTION: 1. November 14, 2000- Ordinance ¢ on November 7, 2000, in the City levying a sales and use tax pursu the voters in Propositions 4 and { 2..March 27, 2001 - Motion author services centract in the amount of Reconstruction at the following si · Laguna Shores Road · Azores Road · Catcay Road anvassing returns and declaring the results of the Special Election held of Corpus Christi for the adoption of seven propositions; adopting and ant to Section 4A of The Development Corporation Act as approved by (Ordinance No. 024269). zing the City Manager, or his designee, to execute an engineering $459,300 with Bass & Welsh Engineering, Inc. for Neighborhood Street · Jamaica Ddve (Motion N¢. M2001-122). 3. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Cor~tract in the amount of $6,981 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2002-021). 4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $509.61 with Lontos Engineering for Neighborhood Street Reconstruction along Laguna Sh(~res Road (Motion No. M2002-020). 5. February 12, 2002 - Motion authqrizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services CorCract for design, bid, and construction phase services of the Riviera Lift Station in the amount of $46,2~50 with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna ShOres Road (Motion No. M2002-046). 6. May 13, 2003 - Resolution authc~rizing the City of Corpus Christi to perform equivalent-match project (Laguna Shores Road ImprovemeCts) in return for waiver of the local match fund pa~cipatJon requirement on the approved federal off-system bridge program (participation-waived) projects not yet awarded (Resolution No. 025284). 7. May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Engineering Services Contract in the amount of $6,981 with Goldston Engineering, Inc. for Neighborhood Street Reconstruc~on along Laguna Shores Road (Motion No. M2003-174). PRIOR ADMINISTRATIVE ACTION:: 1. October 18, 2000 - Distribution o1~ 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 iNo. 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. September 28, 2001 - Executed small Consultant Agreement for project management assistance in the amount of $25,000 with Goldston Engineering, Inc. for the Bond Issue 2000 Street Projects. 5. Apdl 11,2002 - Public Meeting at Flour Bluff Intermediate School to inform Property Owners of upcoming construction improvements. 6. June 4. 2002 - Executed Amendment No. 2 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. EXHIBIT "A" I H :~U S E RS2~H OMEWELMAR~G E N~TR E ET~6156~,N E CE S SIT3~AG EN DA BACKGROUND -92- PRIOR ADMINISTRATIVE ACTION (~ontinued): 7. July 25, 2002 - Executed Amendment No. 3 to the Consultant Agreement for project management assistance in the amount of $!,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Sho~'es Road. 8. July 29, 2002 - Executed Ament~ment No. 2 to the Engineering Services Contract in the amount of $18,600, for a total re-stated feeef $524,150, with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 9. October 31, 2002 - Executed sm~ll Consultant Agreement for a traffic analysis study in the amount of $24,945 with Wilbur Smith & AssoCiates for Neighborhood Street Reconstruction along Laguna Shores Road. 10. December 2, 2002 - Public Meetin~at Flour Bluff Intermediate School to discuss the bridge across Tropic s es Channe on Laguna Shores Road. 11. January 8, 2003 - Executed Amehdment No. 4 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 12. March 26, 2003 - Executed Amendment No. 3 to the Engineering Services Contract in the amount of $24,911, for a total re-stated fee Of $549,061, with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Lagur~a Shores Road. FUTURE COUNCIL ACTION: · Holding a public hearing (September 30, 2003) · Closing the public hearingi(September 30, 2003) · Adopting the preliminary assessment roll (September 30, 2003) · Awarding construction contract (September 30, 2003) · Adopting the final assessment roll (tentative date May 2005) PROCEDURES: Resolution No. 022767 specifies the procedures that apply to the assessment process. (In the past, ordinances were necessary, to initiate the assessment process, which may now be taken via resolutions). Testimony by the Director of Engineering Services and the city-retained real estate appraiser is made in writing and filed before the public hearing. GENERAL: The proposed project is :part of the Bond Issue 2000 Projects that was voter-approved on November 7, 2000. The project provides for reconstructing neighborhood streets to include curb, gutter, sidewalks, driveways and underground storm drainage. The improvements include water and wastewater line adjustments or replacements. The improvements are petitioned by adjacent property owners who are assessed a portion of the cost. The property owners requested the bridge on Laguna Shores Road be removed and not replaced. Their request was presented to the Traffic Advisory Committee (TAC) at their May 2002 meeting and a second public meeting was held with residents on December 2, 2002. A Traffic Analysis Study was presented to the TAC on January 27, 2003, for review and concurrence. Due to results of the study, the bridge will remain and traffic calming devices will be installed in the roadway. An amendment has been issued to the consultant contract that includes changes to the bridge and the calming devices. The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956. The area is comprised primarily of residential house district. The deteriorated condition of the public infrastructure consists of street pavement in poor condition, roadside ditches that provide poor drainage, asphalt/caliche driveways and no sidewalks. The utility water and wastewater lines are old and in need of replacement. A petition was submitted and was qualified April 7, 1987 through the Voluntary Paving Program and approved for funding in the voter approved November 2000 Bond Election. Utility work will be accomplished prior to reconstruction of the street so that street and drainage work need not be disturbed in the future for utility replacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and storm drainage, plus water/westewater improvements. EXHIBIT "A" H :/US E RS2~OM E'~VEL MAR~GEN~,STREET~ 158~NECESSITY~A G ENDA BACKGROUND -93- PROJECT DESCRIPTION: This project consists of the removal of about 2,600 linear feet of street and replacement with a new 40-foot back~f curb to back of curb street containing concrete curbs and gutters, walks and bikepath, cement stabilized ~ase and asphalt surfacing, the removal and replacement of an existing timber and R/C bridge with a new conCrete bridge, the removal of existing sanitary sewer mains and laterals and replacement with about 2,400 linear feet of new 10-inch PVC mains and laterals, the construction of a new 12-inch sanitary sewer force main, th@construction of new inlets and about 2,600 linear feet of storm pipes, the removal of existing water laterals end replacement thereof, about 2,400 linear feet of new 12-inch PVC sanitary sewer force main outside th~ above described street limits and improvements to the Riviera Lift Station with associated electrical, va~ving and piping improvements and temporary pumping plant bypass improvements and other work as shown in the plans and specifications required to complete the project, in accordance with the plans, specifications, and contract documents. CONTRACT BIDS: The preliminary ;issessment roll is based on bid proposals received for the project on Wednesday, July 23, 2003. EXHIBIT "A" i Page 3 of 3 \Mpro~ect~counci~ N PADRE DR PURDUE ;LENOAK tlBBEAN 'ORKTOWN BLVD CPIL Barney Davis Plant and Reservoir INA SHORES (6158) DR Z PROJECT NO. 6158 VICINITY MAP NOT TO SCALE ILAGUNA SHORES RD STREET IMPROVEMENTS FROM MEDITERRANEAN TO CARIBBEAN cln' oF coR~us CHRlS~. TEXAS _,~,~_ EXHIBIT "B", CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/04/2003 RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING HIGHWAY IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: LAGUNA SHORES ROAD FROM MEDITERRANEAN TO! CARIBBEAN, SPECIFYING THAT CERTAIN OF THESE IMPROVEMENTS WILL BE PAID FOR PARTLY BY THE CITY AND PARTLY BY ASSESSMENTS WHILE OTHERS WILL BE PAID FOR ENTIRELY BY ASSESSMENTS; AND DIRECTING THE CITYS DIRECTOR OF ENGINEERING SERVICES TO FILE A NOTICE OF PROPOSED ASSESSI~ENTS WITH THE NUECES COUNTY CLERK NOW, THEREFORE, B OF CORPUS CHRISTI, TEXA, SECTION 1. Under Co~ Texas Transportation Code Ch to improve and orders the impr Laguna Shores Road fr( -' IT RESOLVED BY THE CITY COUNCIL OF THE CITY pus Christi City Charter Article X, Section 1 (a)(12) and apter 313, the city council determines that it is necessary 3vement of the following highway in the city: ~m Mediterranean to Caribbean. As specified in more detail in Project plans and specifications, the Laguna Shores Road Street Improvements Project will include: filling, grading, Iowering~ paving, or repairing the streets in a permanent manner; widening the streets to 28 and 36 feet back of curb to back of curb; constructing and realign!rig curbs, gutters, and sidewalks; and 4. constructing driveways. For purposes of this resolution, "highway" includes any part of a street, alley, public place, or square including a part left wholly or partly unimproved in connection with another street improvement. SECTION 2. The Project consists of three categories of improvements: a) street, curb, gutter, and sidewalk improvements to be paid for partly by the city and partly by assessments; b) driveways to be paid for entirely by assessments; and c) other improvements, to be paid for by the city, because either the assessment statute does not apply to these improvements or the city is not making assessments to pay for them. An assessment against abutting property or affected railway property will create a lien on the property and a personal liability and charge against the property owner. EXHIBIT "C" Page I of 3 -96- If the property is exempt from a street improvement assessment lien when the improvements are ordered, then no assessment lien will be created. The owner of the exempt property, however, will be personally liable for an assessment in connection with the property. An owner of exempt property may voluntarily execute a Builder's and Mechanic's Lien Contract and Note to place a lien on the property. SECTION 3. To ensure lhat assessment liens take effect as soon as possible, and to ensure that the liens will apply to the fullest extent even if assessed property is subdivided or sold, the directorqf engineering services will file a notice of the proposed assessments with the Clerk of Nueces County, Texas. This notice will describe, or describe by reference, each parcel of property abutting the proposed improvements and affected railway proper/y, if any. The notice will be substantially in the form attached to this resolution as Exhibit 1. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2003. Samuel L. Neal, Jr. Mayor John P. Burke, Jr. Assistant City Attorney For The City Attorney EXHIBIT "C" Page 2 of 3 CORPUS CHRISTI, TEXAS DAY OF ,2003 The above resolution was pas~ed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott EXHIBIT "C" H:~USERS2~HOME~VELMAR~GEN~S~REE-P~I515~NECESSIT~NECESSITY RESOLUTION Page 3 of 3 -98- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: Laguna Shores APPROVING TI SERVICES PROJ INCLUDING AN E TO BE PAID BY PAID BY ASSES,~ ON THESE PR DURING THE S MEETING; DIRE ARRANGE TO HEARING; ANE ENGINEERING NOTICE OF THE OWNERS ~oad from Mediterranean to Caribbean ~E DIRECTOR OF ENGINEERING ECT CONSTRUCTION COST ESTIMATE STIMATE OF THE PORTION OF COSTS THE CITY AND THE PORTION TO BE ;MENTS; SETTING A PUBLIC HEARING {::)POSED ASSESSMENTS TO OCCUR -'PTEMBER 30, 2003 CITY COUNCIL CTING THE CITY SECRETARY TO =UBLISH NOTICE OF THIS PUBLIC ORDERING THE DIRECTOR OF SERVICES TO PROVIDE WRITTEN PUBLIC HEARING TO PROPERTY In its Resolution No. passed on August 19,2003, the City Council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Christi, Nueces County, Texas: Laguna Shores Road from Mediterranean to Caribbean In Resolution No. the City Council stated that the Project consisted of 3 categories or improvementS: 1) street, curb, gutter, and sidewalk improvements to be paid for partly by the city andl partly by assessments; 2) driveways to be paid for entirely by assessments; and 3) other improvements, to be paid for by the city, because either the assessment statute did not apply to these improvements or the city was not making assessments to pay for them. The city's department of engineering services prepared detailed project plans and specifications. The city then received bids to construct the project accordingly. After evaluating the appalrent lowest responsible bid to construct the Project, the director of engineering services prepared a Project Construction Cost Estimate (attached as Exhibit A). This esltimate specifies anticipated total Project construction cost and the city portion of this Cost, the preliminary total of assessments, and various assessment rates. The estimate also includes a bid tabulation and a preliminary assessment roll listing proposed assessments against each abutting or affected property. EXHIBIT "D" Page I of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The project plans and specifications are approved. SECTION 2. In accord~ the Project construction cost e= the preliminary assessment mi conducted in accordance with Rules Resolution. SECTION 3. A public h, Road Street Improvements Pr 2003 meeting. This meeting w Leopard, Corpus Chdsti, Texa,, SECTION 4. The city s~ headng in accordance with the nce with Texas Transportation Code Section 313.024, ~timate is approved; however, the assessments listed in cannot be imposed until after a public heating is ~tate law and the city council's Assessment Process ,~adng on proposed assessments for the Laguna Shores ect will be held during the City Council's September 30, begin at 2:00 p.m. in the City Council Chambers, 1201 ~cretary will arrange to publish notice of this public Assessment Process Rules Resolution. SECTION 5. The director of engineering services will provide written notice of the public hearing to property Owners in accordance with the Assessment Process Rules Resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2003. Samuel L. Neal, Jr. Mayor John P. Burke, Jr. Assistant City Attorney For The City Attorney EXHIBIT "D" Page 2 of 3 -100- CORPUS CHRISTI, TEXAS DAY OF , ,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\U S]~RS2~HOM E~VELMA F~G EI~STREE~6158'~NECESSIT'f~PLAN RESOLUTION -101- EXHIBIT "D" Page 3 of 3 BID TABULATION BIDS TABULATED BY: 'AnUW R. Escobar. P.E, Diroctor d Englnsring Ssmces BIDDATE: Wednesday, July 23,2003 Engineers Estimate: $2,880,000.00 Calendar Dave: 480 LAGUNA SHORES ROAD WPROVEMENTS Salinas Construction Tech. Bony Contracting Co. Jaleo, Inc. W. T. Young Construction Cash Construction Co. FROM MEDITERRANEAN TO CARIBBEAN 3734 FM 3006 I P. O. Box 9908 P. O. Bos 27368 P. O. Box 9197 P.O. Box 1279 PROJECT NO. 6158 Plpsanlon, TX 78064 C. C., TX 76189 Houston, TX T7227 C. C., TX 784M PBugwAUe, TX 78M1 ITEM DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT STREET AND SURFACE ITEMS 3' HMAC Type D, mnpiste in place per agudet_ Al 1'9d 10,050 S.Y. $8.97 $90,148.50 $9.00 $90,450.00 $12.80 $120,600.00 $9.75 $97,987.50 $12.00 $120,600.00 41 RIC Cwb & Gutter, omoste In place prJbjaL A2 tout 5,032 L.F. $9.44 347,502.118 $13.00 $65,416.00 $14.00 $70,448-00 $11.00 555,352.00 $13.00 $65,416.00 4' RIC Walk 1 BlkepaN, complete In place per A3 SOMMIM. f0d 23,359 S.F. $3.17 $74,048.03 $3.00 $70,077.00 $4.00 $93,436-00 $3.80 $88,764.20 53.50 $81,756.50 41 TN& RIC Driveway. complete In place per $120,792.00 $6.90 A4 IIpIM@f99t 17,256 S.F. 34.76 382,138.56 35.00 388,280.00 57.00 $119,066.40 $6.00 $103,538.00 Street Excaveeon to V BC, compete in pace per A5 SQUIRA7fdd 11,785 S.Y. $12.39 $146,016.15 $17.00 $200,345.00 $5.00 558.925-00 $13.60 $160,276.00 525.50 $300,517.50 10' TNrk Crnant Slaolnzee Base to TBC, A6 complete In pace Pr B MILY&l 11,785 S.V. $8.56 $100,879.60 $7.50 $88,387.50 $12.00 $141,420.00 $7.60 389,566.00 $16.50 $196,452.50 Prins, Coat Q 0.15 GaVSY, cornplets In place per I A7 SaUdroV11111 10,050 S.Y. 50.37 $3,718.50 $0.40 $4,020.00 $0.45 $4,522.50 $0.45 $4,522.50 WAS $4,52250 Owns Days, 00.09te In place Per eaGh 5 EA $1,000.00 $5,000.00 $500.00 $2,500.00 $1,550.00 $7,500.00 $300.00 $1,500.00 $5,000.00 $25,800.00 N A9 Remove and Relocate Fenrss, wmpbb In pace Pr 201RUP& 1,000 L.F. $11.42 $11,420.00 $6.00 $6,080.00 $5.80 S5,IM10.00 $21.80 $21,000.80 $40.00 $40,800.00 TMMC Coned During Canstrudan for Street and A10 Surface Items, oortplete In pace per 61m stun 1 LS. $10,580.80 $10,500.00 $30.000.00 33,000.00 $40,000.00 $40,000.80 $24,200.80 $24,200.00 $62,000.00 $412,000.00 All RIC VMWBWgmth Curb, compisle In pace pr 9mal fbot 1 500 LF. 1 $20.52 $10,260.00 $15.0D $7,500.00 $17.80 $8,500.80 $17.25 381625.80 $16.00 561800.80 SUBTOTAL. STREET 6 SURFACE ITEMS (Al -All) $581,831.42 $650,97150 5871,143.50 5870,859.80 51100,80/,00 Page 7 of 5 CD W Page 2 of 5 LAGUNA SHORES ROAD IMPROVEMENTS FROM MEDITERRANEAN TO CARIBBEAN PROJECT NO. 6168 Salina Contra on Twh. 3734 FM 3006 Pleasanton, TX 76064 Bary Contraeting Co. P. O. Box 9909 C. C., TX 18469 Jalw Inc. P. O. Boz 27368 Howton, TX 77227 W. T. Ymng CorsWctlon P.O. Box 9197 C. C., TX 78489 C"h Construction Cm P. O. Box 1279 Pflug"16, 7%78691 ITEM I DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNR PRICE AMOUNT STORM SEWER REM B7 15' RCP, complete In place Per HDIaLf& 1,472 L.F. $3427 350,445.44 $40.00 $58.880.00 $59.00 $88,848.00 $33.50 $49,312.00 {42.00 $61,824.00 B2 18RCP. mrpleto M dace per firma) fmt 431 L.F. $4429 $19,088.99 $45.00 $19,395.00 $75.00 $32,325.00 $41.50 $17,886.50 $48.00 $20,688.00 B3 21 RCP, complete in place per 90eaL9t9t 800 LF. 349.56 $29,736.00 $50-00 $30,000.00 $8200 $49,200.00 $45.00 $27,000.00 358.00 $34,800.00 S4 S Special Inlet, carplate In place per each 6 EA. $3,993.18 $23,958.96 $2.500.00 $15,000.00 $3,000.00 $18,000.00 $2,645.00 $15,870.00 $3,200.00 $19300.00 85 De tertrg wMbA Points for Strom Sw Pipe, complete In place per 908aL091 1,500 L.F. $17.60 $26,400.00 $0.50 $750.00 $12.00 $18,000.00 $22.00 $33,000.00 $17.00 $25,500.00 B6 Temporary Pavement Patchgg for Sturm Sewer, mmplets in place par G9 mmjam 268 S.Y. $28.68 $7,686.24 $25.00 $6,700.00 $36.00 $9,648.00 $37.00 $9,916.00 $17.00 $4,556.00 B7 Tranch Safety for Sbrm Sewer Pipes, complete in Plece Pa 908B1I9M 2,483 L.F. $1.00 $2,483.00 $2.00 34,966.00 $0.10 $248.30 $6.50 $16,139.50 $1.00 $2.483.00 as Banque ad Replace BrWp. oomgem In place per 1tS. $983. $903.764.00 ..3926:009 -:OB _ _ _*838,000.00 e838,000.00 B9 TraMc Control During Construdw for Storm Sewer, cmpbte In pt.. per Wmp-mm 1 L.S. $12,600.00 $12,600.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $8,900.00 $9,900.0 $13,000.00 $13,000.00 610 Sodding, complete In place par ium sum 1 L.S. $10,320.00 $10,320.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $7,130.00 $7,130.00 $23,000.00 $23,000.00 B71 McMola.omplate Nplace per 9aph 2 EA $5,341.81 $10,683.62 $3.600.00 $7,000.00 $3,000.00 $6,000.00 53,050.00 $6,100.00 $3,000.00 $6,000.00 SUBTOTAL• STORM SEWER ITEMS(B1-B71) $1,097,166.25 $1,100,891.00 $780,26&30 $1,004,814.00 $1,049,051.00 CD W Page 2 of 5 LACUNA SHORES ROAD IMPROVEMENTS FROM MEDITERRANEAN TO CARIBBEAN PROJECT NO. 6158 Sellnes Construction Tech 3734 FM 3006 Pleasanton, TX 78064 Berry 1',ontmcUng Co. P. O. Box 9908 C. C., TX 76468 Jaleo, Inc. W. T. Young Construction Cash Construction Co. P. O. Box 27366 P. O. Box 0197 P. O. Box 1279 Houston, TX 77227 C. C., TX 78469 Pflugervllle, TX 78691 ITEM DESCRIPTION O7Y. UNIT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNR PRICE AMOUNT SANITARY SEWER ITEMS Cl 10' PVC Santtary Sewer Pipe Gravity, comnplele in place per knial 2,397 L.F. $30.39 $72,844.83 $25.00 $59,925.00 MOOD $239,700.00 $79.00 $189,363.00 $40.00 59500.00 C2 8' Gate Valve W/Box, complete in place per aam 1 FA $1,089.22 $1,089.22 $900.00 $900.00 $1,500.00 $1,500.00 51,035.00 $1,035.00 $900.00 $90D.00 C3 6' 90 degree EL, DI, omVele In place per Bum 1 EA. $818.12 $818.12 $800.00 $800.00 $600.00 5600.00 $782.00 $78200 $330.00 3330.00 C4 12 Pipe SSFM, complete In place per 9peaLf491 4,955 L.F. $49.75 $246,511.25 $45.00 $222,975.00 $63.00 $411,265.00 $39.50 $195,722.50 $48.00 $237,840.00 C5 12' Dip 90 degree EL, complete in place per aam 16 EA $623.98 $9,983.68 $800.00 $12,800.00 $500.00 SB,DOO.00 $715.00 $11.440.DD $500.00 $8,000.00 C6 17 Dip 45 degree EL, complete In place per out 2 EA. $584.89 $1,169.78 $800.00 $1,600.00 $450.00 $900.00 $1,115.00 $2,230.00 $430.00 $860.00 'C7 12' Gate Valve.W/e�x cornp In place car each 1_ EA... _ _ _ -;1,600.00 CS 17 X 12' Tee, Dl, cunrplete n place per pain 1 EA. $890.47 $890.47 $900.00 $900.00 5650.00 $650.00 $860.00 $080.00 $750.00 $750.00 C9 1711 1/4 degree EL. DI, complete M place per Bach 4 EA. $452.62 $1,810.48 5500.00 $2,000.00 $350.00 $1,400.00 $550.00 $2,200.00 $580.00 52,320.00 CIO 12' 22 1/2 degree EL, DI, complete In place pe Ses'h 4 EA $639.75 $2,559.00 $700.00 52,800.00 $500.00 $2.000.00 $736.00 $2.944.00 $580.00 $2,320.00 C11 17 X 8' Reducer, DI, cornplete In place per Bach 1 EA. $438.06 $438.06 $400.00 $400.00 $330.00 $330.00 $510.00 $510.00 $400.00 5400.00 CE12 FG Manhole 10'to 17 Deep, complete In place pe 5800 1 EA. $8,164.32 $8,164.32 $8,000.00 $8,000.00 $9,500.00 $9,500.00 $8,650.00 58,650.00 $7,400.00 $7,400.00 1 C13 FG Manhole IT to 10' Deep, conrplets In place per Sem 3 EA 1 $3,847.90 $11,543.70 $6,000.00 $18,000.00 $5,000.00 $15,000.00 $4,370.00 $13,110.00 $3,500.00 5101500.00 C14 FG Manhole V to V Deep, complete In place per Bem 3 FA 53,820.99 $11,462.97 $5,000.00 $15,000.00 $4,000.00 512.000.00 $4,140.00 $12,420.00 $3,300.00 $9,900.00 C15 FG Manhole 4' In S Deep, cornplets In place par lam 1 EA. $3.635.34 $3,835.34 $4,000.00 $4.000.00 $3.500.00 $3,500.00 $3,360.00 $3,360.00 $3,100.00 $3.100.00 C18 Sanitary Sewer Service, Complete In place per lam 90 EA. $972.74 $87,546.60 5600.00 $54.000.00 3680.00 $61,200.00 $1,265.00 $113,850.00 $Sw.00 $72,000.00 C17 D6weterhp w/Weti Points for Smeary Sewer Pipe. carWets N P12M per 9DBal-W 7,135 LF. $17.60 $125,576.00 $0.50 $3,567.50 $12.00 $85,620.00 522.00 $156,970.00 $19.00 $135,565.00 CIS Temporary Pavement Patching for San" Sewer, cor pleto in place per square yard 1,838 S.Y. $28.68 $52,713.84 $23.00 $42,274.00 $24.00 $44,11200 $37.00 $68,006.00 $18.00 $33,084.00 C19 Permanent Pavement PaWrinp for OBsits Sanitary Sewer, complete In pleco per gguam yard 893 S.V. $65.00 $58,045.00 $35.00 $31,255.00 $36.00 $32,148.00 $44.00 $39,292.00 $25.00 $22,325.00 C20 RKwa US Statim Inprovemenle, complete in place per Wm.= 1 L.S. $164.600.00 $164,600.00 $275.00000 $275,000.00 $180.000.00 $180.000.00 $186"..00 3186.134.00 5264.000.00 $284.000.00 Page 3 of 5 I O C.11 Page 4 of 5 LAGUNA SHORES ROAD IMPROVEMENTS Salhaa Construction Tech. Bony CurdrecUng Co. Jalm, Ins. W. T. Young Conatructlon Cash ComWotlon Co. FROM MEDITERRANEAN TO CARIBBEAN 3734 FM 3006 P. O. Box 9908 P. O. Box 27368 P. O. Box 9197 P. O. Box 1279 PROJECT NO. 0158 Pleasanton, TX 78064 C. C., TX 78468 Houston, TX 77227 C. C., TX 79489 PBugervllle, TX 78887 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SANITARY SEWER ITEMS Crushed Stone Embedment fur Gravity Sanitary C21 Serer Pipe. cornl9ete M place Per 9a ml -&M 2,100 L.F. 81296 $27,216.00 $10.00 521,000.00 $5.00 $10,500.00 $12.65 $26,565.00 $920 $19,320.00 Trench Safety for Sanibry Sawa, complete In C22 place per 9ovaL.4wt 10,138 L.F. $1.00 $10,138.00 $2.00 $20,276.00 $0.10 $1,013.80 $5.75 358293.50 $1.50 $15,207.00 Traffic Control Durhv Consimcdon for Sanitary C23 SeneT ltama, comnpble In pace per lump sum 1 L.S. $6,300.00 $6,300.00 $20,000.00 $20,000.00 $20,000.00 3201000.00 $12,100.00 $12,100.00 $21,000.00 $21,000.00 Rehab. E-dsitp Manhole with New FG Liner, C24 conglets In piece pee M 3 EA $6,054.74 $16,16422 $4,000.00 $12,000.00 $7,600.00 $22,800.00 $6,670.00 $20,010.00 $3,000.00 $9,000.00 Exploratory Excavadorns for 12' Offsite SSFM, C25 pomples, In place per lump sum i LS. 34.000.00 $4.000.00 $2,000.00 $2,000.00 $18,000.00 $18,000.00 $5200.00 $5200.00 $6.700.00 $8.700.00 SI1B7a7AL- MAUTARYSE}YEH npj" C -Cm 5911,11086. SM3,272:^_. 51.18;938.80 --- .__..,51,1 I O C.11 Page 4 of 5 Page 5 of 5 LAGUNA SHORES ROAD IMPROVEMENTS FROM MEDITERRANEAN TO CARIBBEAN PROJECT NO. 6158 Salinas Construction Tech. 3734 FM 3006 1 Pleaasnton, TX 78064 F Sony Contracting Co. P. 0. Box 9908 C. C., TX 78469 Jalw, Inc. P.O. Box 27368 Houston, TX 77227 W. T. Young Construction P. O. Box 9197 C. C., TX 76168 Cash Construction Co. P.O. Box 1279 PBugeMlle, TX TOM ITEM DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT UNIT PRICE. AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMWNT WATER ITEMS 01 For (Foal) SMe Single Water Service (1', complete In place per ealh 52 FA $687.75 $35,763.00 $700.00 $36.400.00 $450.00 $23,400.00 $1,265.00 $65,780.00 $980.00 $50,960.00 D2 1Tee, DI. complete In place per each 1 EA- $54521 $545.21 5500.00 $500.00 5350.00 5350.00 $600.00 5600.00 -$420 OD $420.00 D3 11"Reducer. 01, complete M place pereach 1 EA. $18223 $18223 $200.00 $200.OD $110.00 $110.00 $280.00 $280.00 $160.00 $180.00 D4 12'111/4 degree EL, complete in dace per9a{h 4 EA. $245.47 _ $981.88 $300.00 $1,200.00 $570.00 $2,280.00 $370.00 $1,480.00 $220.00 3880.00 D5 12' Gam Valva w/boc, compete In place par each 2 EA. $1,788.90 $3,577.50 $1,800.00 $3,600.00 $1,100.00 $2,200.00 $828.00 $1,6M.00 $1,500.00 $3,000.00 D6 17 90 deprea EL, DI, 0 Wglats In place pere9Gh 4 EA $350.41 $1,401.64 $400.00 $1,600.00 $250.00 $1,000.00 $500.00 $2,000.00 5300.00 $1200.00 D7 17 Water Pipe, complete M Place Per 11MMI.I90i 280 LF. $162.27 $45,435.60 $130.00 $38,400.00 $185.00 $51,800.00 $155.00 $43,400.00 $135.00 $37,800.00 Be 6' Dia X 30' PVC Pipe Nipple, complete In place par Back 9 FA 224.56 2021.04 80. D9 F PVC FiR complete In place per Kneiii B _. 50 L.F. $69.37 $3,468.50 _._ $40.00 $2,000.00 $90.00 $4,500.00 $35.00 $1,750.00 $48.00 $2,400.00 010 (r 90 degree EL, DI, complete in place Per 4 EA $168.33 $673.32 $200.00 $800.00 $90.00 $360.00 $240.00 $960.00 $120.00 $480.00 D11 6' Geta Valve w/bux, complete In place per each 3 EA. $849.36 $2,546.08 $800.00 $2,400.00 $410.00 $1,230.00 $840.00 $2,520.00 $550.00 $1,850.00 012 L, Di. complete In place perB mach 2 EA, $162.48 $324.96 $200.00 $400.00 $85.00 $170.00 $440.00 $880.00 $110.00 $=.00 073 '4 p, complete In Place per each 4 EA. $1,1135.80 $7,343.20 $250.00 $1,000.00 $170.00 $680.00 $210.00 $840.00 $250.00 $1,000.00 414 Adjust Near (West) Side Water Service, complete In place par Bach 20 EA $398.45 $7,969.00 5600.00 $12,000.00 $330.00 $6,600.00 $1,060.00 $21,200.00 $300.00 $8,000.00 D15 Trench Solely for Water Iles. complete In place par Itneal That 2,820 LF. $1.00 $2,820.00 $2.00 $5,640.00 $0.10 $282.00 $3.00 $8,460.00 $1.00 $2,620.00 D16 Temporary Pavement Patching for Water Linea, complete In place per muars vard 428 S.V. $28.68 $12275.04 545.00 $19,260.00 $24.00 $10,272.00 $37.00 $15,836.00 $17.00 $7,276.00 D17 Fire hydrant Assembly, complete In place per each 4 EA. 54,817.63 $19,270.52 $5,D00.00 $20,000.00 $5,000.00 $20,090.00 $3,220.00 $12,560.00 $3,400.00 $13,600.00 D78 Trallic Cooled Wring Construction for Water Items, ommples 9l piece per himn sum 1 L.S. $2,100.00 $2,100.00 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $4,400.00 $4,400.00 $13,000.00 $13,000.00 SUBTOTAL -WATER ITEMS (DI -DIS) $146,701.02 $174,120.00 $140,594.00 $/88,252.00 514456&00 TOTAL BASE BID (ITEMS Al -Al 1. 814311, C1 C25, D7-018) $2,758,609.55 $2,759,059.00 $2,774,945.60 $2,996,58260 $3,180,719.00 Page 5 of 5 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. Cibj Project No. 6158 Begin Laguna Shores Rd. ~ Southeast Side Fr~m Mediterranean Dr. to Caribbean Dr, 01 Rasnick, Richard Et Ux Cindy 128.34 ft. Curb, Gutter and Pavernent- Front @ $9.75 per ft. = $1,251.32 Pat Postetl 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = 3441 Laguna Shores/~c~ 102.84 ft. 4 ft. Wide Sidewalk - Front ~ $1.00 per ft. = $102.84 Corpus Christi, TX 78419 0.00 ft. 4 ff. Wide Sidewalk - Side ~ $0.50 per ff. = 3441 Laguna Shores Rd, 280.00 sf 1 - 25.5 ff. D~veway - Front ~ $5.40 per It. = $1,512.~0 Lot 24, Block 2 0,00 sf No Second Driveway @ $5.40 per ff. = $0.00 Tropic Isles 0.00 It. No Extras @ $0.00 per ff. = $0.00 8846-0002.~24~ 0.00 ft. No Exb'as @ $0.00 per ff. = $0.00 $2,866,t6 02 Mills, Silly J. 112.75 ff. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $1,099.31 3433 Laguna Shores Rd 0.00 ff. Curt3, Gutter and Pavement - Side ~ $4.88 per ff. Corpus Chris8, TX 78418 112.75 tt. 4 ff. Wide Sidewalk * Front I~ $1.00 per ff. = $1 t 2.75 3433 Laguna Shores Rd. 0.00 ft. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = $0.00 Lot 25 & 26, Block 2 0.00 sf Driveway - Front @ $5,40 per It. $0.00 Tropic Isle~ 0.00 sf No Second Driveway ~ $5.40 per ff. $0.00 8846-~002-~250 0.00 ft. No Extras @ $0.00 per ft. = $0.00 0.~0 ff. No Extras (~ $0.00 perff. = $0.00 $1,212.06 Stolly, Ma~k 50.00 ff. Curb, Gutter and Pavement - Front @ $9.75 per ff. = $487.50 3425 Laguna Shores Rd. 0.00 ff. Curb, Gutter and Pavement * Side @ $4.88 per ff. = $0.00 Corpus Chdsti, TX 78418 39.00 ff. 4 ff. Wide Sidewalk - Front @ $1.00 per ff. = $39.00 3425 Laguna Shores Rd. 0.00 ff. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = $0.00 Lot 27, Block 2 135.00 sf 1 - 11 ff. Driveway - Front @ $5.40 per lt. = $729.00 Tropic Isles 0.00 sf No Second Driveway @ $5.40 per lt. = $0.00 8846-~002-0270 0.00 ft. No Extras @ $0.00 per lt. = $0.00 0.00 ft. No Extras ~ $0.00 per ft. = $0.00 $1,255,50 04 Baker, John H 50.00 ft. Curb, Gutter and Pavement - Front @ $9.75 per ff. = $487.50 250 Gregory Ave 50.00 ft. 4 ff. Wide Sidewal)[ - Front @ $1.00 per ff. = $50.00 West Orange, NJ07052-44~7 0.00 ff. 4 ff. Wide Sidewalk - Side ~ $0.50 per lt. = 3421 Laguna Shores Rd. 0.00 sf No Driveway ~ $5.40 per lt. = $0.00 Lot 28, Block 2 0.00 sf Ne Se~nd Ddveway {~ $5.40 per ff. = $0.00 Tropic Isles 0.00 lt. No Extras @ $0.00 per ~ = $0.00 8846-0002-~280 0.00 ft. No Extras @ $0.00 per ff. = $537,50 05 Whliley, William W 50.00 ff. Curb, Gutter and Pavement - Front @ $9.75 per ft. = 3417 Laguna Shore~/~ 0.00 ft. Curb, Gutter and Pavement - Side @ $4.88 per ff. = $0.0(3 7.orpus Christi, TX 78411 30.70 ft. 4 tt. Wide Sidewalk - Front @ $1.00 per ff. = $30.7(~ }417 Laguna Shores Rd. 0.00 tt. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = .et 29, Block 2 218.00 sf 1 - 19.3 tt. Ddveway - Front @ $5.40 per tt. = $1,177.2C ~'ropic Isles 0.00 sf No Second Driveway ~ $5.40 per ff. = $0.0C 58464)002-0Z9~ 0.00 ft. No Extras ~ $0.00 per ff. = $0.0~ 0.00 ff. No Extras @ $0.00 perff. = $0.0C $1,695.40 EXHIBIT "F" Page 1 of 17 Page1 of 17 -107- Preliminary Assessment Roll Laguna ~hores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 06 Tribe, RonaldB. Et. Ux. 100.00 It. Curb, Guttsr and Pavement-Front {~ $9.76 parE. -- $975.0( Tamara L 0.00 ft. Curb, Gutter and Pavement - Side @ $4.88 per ft. = $0.0( 3413 Laguna Shores Rd 83.50 It.! 4 ft. Wide Sidewalk - Front ~ $1.00 per ff. = $83.5( 3413 Laguna Shores Rd. 190.00 sf 1 - 16.5 It. D~veway - Front @ $5.40 perff = $1,026.0( Lots 30 & 31, Block 2 0.00 sf No Second Driveway ~ $5.40 per ft. = $0.0( 0.00 It. No Extras @ $0.00 per~ = $0.00 Page 2 of 17 -108- EXHIBIT "F" Page 2 of 17 Preliminary Assessment Roll Laguna Shores Road. Mediterranean Dr. to Caribbean Dr, City Project No. 6158 Caffey, Randal C. 3341 Laguna Shores Rd Corpus Christi, TX 784f8 3341 Laguna Shores Rd, Lot 35, Block 2 50.00 fL Curb, Gutter and Pavement - Front 0.00 ft. Curb, Gutter and Pavement -Side 40.00 fL 4 ff. Wide Sidewalk - Front 0.00 ft. 4 ft. Wide Sidewalk - Side 125.00 sf i I - 10.00 fL Driveway - Front 0.00 sf I No Second Driveway 0.00 ff. No Extras 100.00 ff. Curb, Gutter and Pavement - Front 0.00 ff. Curb, Gutter and Pavement - Side 56.00 ft. 4 ft. Wide Sidewalk - Front 0.00 It. 4 ft. Wide Sidewalk - Side 365.00 sf I - 34 fi, Ddveway * Front 125.00 sf 1- 10 ff. Driveway- Front 0.00 ff. No Extras 0.00 ff. No Extras $9.75 3er fL = $4.88 :~er ft. = $1.OO )er ft. = $0.50 )er ff. = $5.40 ~er ff. = $5.40 ~er ft. = $0.00 >er ft. = $0.00 )er It. = $9.75 ~er fL $4.88 )er fL $1.00 )erE. $0.50 ~er It. $5.40 ~er ff. $5.40 ~er fL $0.00 ~er It. $0.00 per lt. $675.0( $0.0C $0.OO $0.00 $50.OO $675.00 $0.00 $1,202.50 $3,677.00 )846-0092-0380 100.OO It. Curb, Gutter and Pavement - Front @ $9.75 per ft. 0.00 fi. Curb, Gutter and Pavement - Side @ $4.88 per fL 78.00 ft. 4 ff. Wide Sidewalk - Front {~ $1.00 per ft. 0.00 It. 4 fL Wide Sidewalk - Side @ $0.50 per ft. = 250.00 sf 2 - 10 ft. Ddveways - Front @ $5.40 per It. = 0.00 ft. No Extras @ $0.00 per ff. = 0,00 ft. No Extras @ $0,OO per ft. = $0.00 $0.O0 $2,403.00 50.00 fi. Curb, Gutter and Pavement - Front @ $9.75 per ft. = 40.00 ft. 4 ft, Wide Sidewalk - Front I~ $1.00 per fL = 0.00 It. 4 ft. Wide Sidewalk - Side ~ $0.50 per ff. 25.00 sf 1 - 10 fL Ddveway - Front @ $5.40 per It. = 0.00 sf Ne Second Dr'Noway @ $5.40 per ft. 0.00 ff. No Extras @ $0.00 perft. = 0.00 ff. No Extras @ $0.00 per ft. $487.50 $40.00 $0.00 $675.00 $0,00 $0.OO $1,202.50 Lots 41 & 42, Block 2 100.00 ff, Curb, Gutter and Pavement- Front @ $9.75 per ft. = 0.00 ft. Curb, Gutter and Pavement- Side @ $4.88 per ft. = 5~.00 ff. 4 ft. Wide Sidewe]k - Front @ Si .00 per fL = 0.00 ff. 4 ff. Wide Sidewalk - Side @ $0.50 per fL = 245.00 sf 1 - 22 ft. D~vewey - Front @ $5.40 per fL = 295.00 sf I - 27 ft. DHveway -Front @ $5.40 per ff. = 0.00 ff. No Exbes @ $0.00 per ff. = 0.00 It. No Extras @ $0.00 petit. = $975.00 $51.00 $0,00 $3,942.00 Page 3 of 17 -109- EXHIBIT "F" Page 3 of 17 Preliminary Assessment Roll Laguna ~hore$ Road - Mediterranean Dr. to Caribbean Dr. City ProJect No, 6158 15 Ts~tsui, Setsuo Et, Ux. Margam 100 O0 fl { Curb, Gutter and Pavement - Flont ~ $9.70 per It. = $975.00 3305 Leguna Shores Rd 0.00 lt. Curb, Gutter and Pavement - Side ~ $4.88 perff. = $0.0( Corpus Chnsti, TX 78418 79.30 ~ 4 lt. Wide Sidewalk - Front ~ $1.00 per lt. = $79.3~ 3305 Laguna Shores Rd. 0.00 FL; 4 ft. Wide Sidewalk - Side ~ $0.50 per It. = $0.0( Lot 43 & 44, Block 2 232.00 sf 1 - 20.7 fl. Ddveway - Front @ $5.40 per lt. = $1,282.80 Tropic ]$1e~ 0.00 sf No Second Driveway @ $5.40 per lt. = $0.00 8846-0002-0430 0.00 ff. No Extras ~ $0.00 per ff. = $0.00 0.00 ~ No Extras @ $0.00 per It. = $13.0( $2,307.10 16 Schultz, Arthur ,~. Et. Ux. 81.79 lt., Curb, Gutter and Pavement - Front @ $9.70 per ff. = $797.4{ $1,942.34 ~237 Laguna Shores Rd. 0.00 FL 4 ff. Wide Sidewalk - Side @ $0.50 perFL = $0.00 EXHIBIT "F" Page 4 of 17 Page 4 of 17 -110- Preliminary Assessment Roll Laguna Shores Road - Mediterranean Df. to Caribbean Dr. City Project No. 6158 20 Quesne/, Wilfred R. Et. Ux. 50.00 It. Curb, Gutter and Pavement - Front @ $9.75 per fL = $487.$C Jeanne Que~nel 0.00 ft. Curb, Gutter end Pavement - Side ~ $4.38 per ff. = $0.0C 3233 Laguna Shores Rd 29.00 fL 4 ft. Wide Sidewalk. Front @ $1.00 per ft. = $29.0C Corpus Christi, TX 784f6 0.00 ft. 4 ft. Wide Sidewalk - Side @ $0.50 per ff. = 3233 Laguna Shores Rd. 235.00 sf i I - 21 it. Dl~veway - Front @ $5.40 per fL = $1,269.0C Lot 42, Block I 0,00 $f i No Second Driveway @ $5.40 per it. = $0.0C Tropic Isle~ 0.00 fLI No Ex. as @ $0.00 per ft. = 3846-0001-0420 0.00 fL [ No Exb'as ~ $0.00 perft. = $0.0(~ I $t,766.s0 21 Clawson, Gene E. 50.00 it. ' Curb, Gutter and Pavement - Front @ $9.75 per It. -- $467.5~ 3229 Laguna Shores Rd 0.00 It. Curb, Gutter and Pavement - Side @ $4.58 per ff. = $0.0~ Corpus ChnstL TX 78418 37.00 It. 4 ff. Wide Sidewalk - Front @ $1.00 per It. = 3229 Laguna Shores Rd. 0.00 It. 4 ff. Wide Sidewalk - Side @ $0.50 per ft. = Lot 41, Block t 155.00 sf 1 - 13 it. Dl~vewey - Front @ $5.40 per it. = $837.00 Tropic Isles 0.C0 sf No Second Driveway ~ $5.40 per it. = $0.00 8846-000t-0410 0.00 ft. No Extras @ $0,00 perfL = $0.00 0.00 ft. No Extras ~ $0.00 per It. = $0.00 $1,361.50 22 Kmavek, Jerome Frank Sr. 80.00 ft. Curb, Gutter and Pavement - Front ~ $9.75 per ff. = $487.50 3225LagunaShore~Rd 0.00 ft. Curb, Gufler end Pavement - Side ~ $4.88 per fL = $0.00 Corpus Christi, TX 784f8 40.00 ft. 4 fL Wide Sidewalk - Front ~ $1.00 per ft. = $40.00 3226 Lagune Shores Rd. 0.00 it. 4 fL Wide Sidewalk - Side ~ $0.$0 per ft. $0.00 Lot 40, Block t 125.00 sf 1 - 10 ft. Driveway - Front @ $5.40 per ft. $675.00 Tropic Isles 0.00 sf No Second Driveway @ $5.40 per ft. = $0.00 5846-0001-0400 0.00 fL No Ex'as @ $0.00 per ft. = $0.00 0.00 it. No Ex~as @ $0.00 per It. = $0.00 $1.202.50 23 Yo~. Virginia Garner 50.00 fl, Curb, Gutter and Pavement - Front ~ $9.75 per fL = $487.50 2430 Hecket #52 40.00 It. 4 ff. Wide Sidewatk - Front (~ $1.00 per ft. = $40.00 Houston. TX 77008 0.00 fl. 4 fl. Wide Sidewalk - Side @ $0.50 per ft. = $0.00 3221 Laguna Shores Rd. 125.00 sf I - 10 ft. Ddveway - Front @ $5.40 per ft. = $675.00 Lot 39, Block t 0.00 sf No Second Driveway @ $5.40 per fL $0.00 Tropic Isles 0,00 fL No Extras @ $0.00 per ft. = $0.00 3846-000t-0390 0.00 ft. No Extras @ $0.00 per ft. = $0.00 $1,202,50 24 4ndrews, Bet~y L. 100.00 It. Curb, Gutter and Pavement - Front ~ $9.75 per ft. = 5975.00 32~3 Laguna Shores Rd 0.00 It. Curb, Gutter and Pavement - Side @ $4.88 per ft. = $0.00 Corpus Christi, TX 75418 58.20 It. 4 fL Wide Sidewalk - Front ~ $1.00 per ft. = $58.20 3213 Laguna Shores Rd. 0.00 It. 4 It. Wide Sidewalk - Side ~ $0.50 per ft. = $0.00 Lot 37 & 38, Block t 343.00 sf I - 31.8 ff. D~veway - Front @ $5.40 per ff. = $1,882.20 Tropic Isles 0.00 sf No Second Driveway @ $5.40 per It. = $0,00 5846-0001-0370 0.00 It. No Exlras @ $0.00 per It. = $0.00 0.00 ft. No Extras @ $0.00 per It. = $0.00 $2,885.4O EXHIBIT "F" Page 5 of 17 Page 5 of 17 -111- Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 25 Helmberger,/RodneyEt. Ux. 50.00 fi[. Curb, Gutter and Pavement - Front I~ $9.75 per fL = $487.5( 321tLagunaShoresRd. 0.DO ft. Curb, Gu~ter end Pavement - Side ~ $4.88 peril[. = SO.0C Corpus Christi, TX 78418 40.00 ff 4 fL Wide Sidewalk - Front @ $1.00 per fi[. = 3211 Laguna Shores Rd. 0.DO fL 4 fi[. Wide Sidewalk - Side ~ $0.50 per fi[. = $0.0~ Lot 36, Block I 125.00 sf 1 - 10 fi[. Driveway - Front ~ $5.40 per fi[. = $675.0~ Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per fi[. = 8846-0001-0360 0.00 fi[. NoEid~as @ $0.00 peril[. = $0.0~ 0.DO ff No Extras @ $0.00 per ft. = SO.0C $1,202.50 26 Hamit, Sheri Dawn 50.00 fft. Curb, Gutter end Pavement - Front ~ $9.75 per ff = $487.5C 3209 Laguna Shores/~o: 0.DO ff. I Curb, Gutter and Pavement - Side @ $4.88 per fl. = SO.0C Corpus Chdeti, TX 784f8 30.00 fi[. i 4 fi[. Wide Sidewalk - Front ~ $1.00 per ff. = $30.0C 3209 Lagune Shores Rd. 0.00 ff. 4 fl. Wide Sidewalk - Side I~ $0.50 per fi[. = SO.0~ Lot 35, Block t 250.00 sf 2 - 10 fi[. Driveways - Front @ $5.40 per fi[. = $1,300.00 Tropic Isles 0.00 fi[. I No Ex, as @ SO.00 per fi[. = $0.0~ 3846-0001-0350 0.00 fi[. i No Exl~as ~ $0.00 per ff = SO.DO $1,867.50 27 KinneY, Marvin L. Et. Ux 50.00 fL ! Curb, Gutter and Pavement - Front ~ $9.75 per fi[. = $487.5(] 4926 Adkins O.DO fL Curb, Gutter and Pavement - Side ~ $4.88 per ff. = 3201 Lagurm Shores Rd. 0.DO fi[. 4 fL Wide Sidewalk - Side @ $0.50 per ft. = $0.0(] Lot 34, Block I 125.00 sf 1 - 10 fL Driveway - Front ~ $5.40 per ft. = $675.0(] Tropic Isles 0.00 sf No Second Driveway @ $5.40 per ff. = SO.O0 8846-0001-0340 0.00 fi[. No Ex~as ~ $0.00 per fL SO.DO 0.DO fi[. No Extras @ SO.DO per ft. = SO.DO $1,202.50 28 Krogh, L/nde 50.00 ft. Curb, Gutter and Pavement. Front ~ $9.75 per ft. = $487.50 3t45 Laguna Shores Rd. 125.00 si' 1 - 10 fi[. DHveway - Front ~ $5.40 per ff. = $675.00 Lot 33, Block 1 0.00 sf No Second Driveway ~ $5.40 per ff. = SO.DO Tropic Isle~ 0.DO fi[. No Extras ~ $0.00 per ft. = SO.DO 8846-0001-0330 0.DO ft. No Extras @ SO.DO per ff. = $0.00 $1,202.50 29 Ande~on, Robert E. 50.00 ff. Curb, Gutter and Pavement - Front ~ $9.75 per ft. = $487.50 3~41 Laguna Shore~ F~d 0.00 fi[. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = SO.DO 3141 L~guna Shores Rd. 0.00 It. 4 fi[. Wide Sidewalk - Side @ $0.50 per ft. = SO.DO Lot 32, Block I 125.00 sf 1 - 10 fL Ddveway - Front @ $5.40 per ff. = $075.00 8846-000~-0320 0.00 ff. No Extras @ SO.DO perff. = $0.0~ 0.00 fi[. No Extras ~ $0.00 per fi[. = SO.OD $1,202.50 II EXHIBIT "F" Page 6 of 17 Page 6 of 17 -112- a unaoL' o e Preliminary Assessment Roll L g ,.~. r s Road. Mediterranean Dr. to Caribbean Dr. Cib/ProJect No. 6t58 30 Dmlocker, Ralph E Et. Ux. 50.00 ff. Cud3, Gutter and Pavement - Front I~ $9.75 per It. = $487.50 (310938) P. Q Box 79 KBT Selant 0.CO ft. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = Jakarta, Indonesia 00000 40,00 ff. 4 ft. Wide Sidewalk - Front ~ $1.00 per ft. = $40.00 3137 Laguna Shores Rd. 0.00 lt. 4 ff. Wide Sidewalk- Side @ $0.50 per ff. = $0.00 Lot 31. Block 1 125.00 sf I 1-10 ff. Driveway - Front @ $5.40 per ff. = $675.00 Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per lt. = $0.00 8846-000t-03t0 0.00 ft. i No Extras ~ $0.00 perlt. = $0.00 0,00 ft, No Extras I~ $0.00 per ft. = $0.00 i $1.202.50 31 Hamilton, Larry James 50.00 lt. Curb, G~'ter and Pavement - Front ~ $9.75 per ft. = $487.50 3133 £aguna Shores/~d 0.00 fi, Curb, Gutter and Pavement - Side ~ $4.88 per ff. = $0.0( Corpus Chr~ti, TX 78418 35.00 ft. 4 ft. Wide Sidewalk - Front ~ $1.00 per ft. = $35.0[ 3133 Legume Shores Rd. 0.00 ff. 4 ff. Wide Sidewalk - Side @ $0.50 per ft. = $0.0( Lot 30, Block I 175.00 sf 1 - 15 fi. Driveway - Front (~ $5.40 per fi. = $945.0( Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per ff. = $0.0( 8846-0001-0300 0.00 ft. No Extras I~ $0.00 per ff. = $0.0( 0.00 lt. No Extras @ $0.00 per ff. = $0.0( $1,467.50 32 Jones, Kenneth K and 50.00 ft. Curb, Gutter and Pavement - Front ~ $9.75 per ft. = $487.5C Delinda Jone~ Wfe 0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.0( 3~29 Laguna Shore~/~c( 28.50 ft. 4 ft. Wide Sidewalk - Front ~ $1.00 per ft_ = $28.5C Corpus Christi, TX 784~8 0.00 ft. 4 fl. Wide Sidewalk - Side @ $0.50 per ff. = $0.0( 3129 Laguna Shores Rd. 240.00 sf I - 21.5 lt. Driveway - Front @ $5.40 per fi. = $1,296.0£ Lot 29, Block t 0.00 sf No Second Driveway @ $5.40 per It. = $0.0C Tropic Isles 0.00 ft. No Exl~as @ $0.00 per ff. = 8846-0001-0290 0.00 ft. No Exb'a$ @ $0.00 per ff. = $0.0C $1,812.00 33 Kviftern, Glenn S Et. Ux 50.00 ft. Curb, Gutter and Pavement - Front ~ $9.75 per ft. = $487.5(~ DeborahAKviftern 29.00 ft. 4 ff. Wide Sidewalk - Front ~ $1.00 perff. = $29.0~ 3125 Laguna Shores Rd 0.00 ff. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = $0.0(1 C~rpus Christi, TX 78418 235.00 sf 1 - 21 ft. DHveway - Front @ $5.40 per It. = $1,269.0(1 3125 Laguna Shores Rd. 0.00 sf No Second Driveway @ $5.40 per It. = Lot 28. Block t 0.00 ft. No Extras @ $0.00 per ff. = $0.0~ Tropic Isles 0.00 ft. No Extras @ $0.00 per fi. = $0.0~ 34 Ste~vart. Ari/e Et. Ux 50.00 ft. Curb. Cuter and Pavement - Front @ $9.75 per ft. = $487.9~ Donna S. 0.00 lt. Curb, Gutter and Pavement - Side @ $4.88 per fi. = $0.0~ 312f Laguna Shores Rd. 33.00 ff. 4 ft, Wide Sidewalk * Front ~ $1.00 per It. = $33.0~ Corpus Christi, TX 78418 0.00 ff. 4 ff. Wide Sidewalk - Side ~ $0.50 per ft. = $0.00 3t2t Laguna Shores Rd. 195.00 sf 1 - 17 ft. Driveway - Front ~ $5.40 per ft. = $t ,053.00 Lot 27. Block t 0.00 sf No Second Driveway @ $5.40 per ft. = $0.00 Tropic Isles 0.00 It. No Extras @ $0.00 per fi. = 8846-0001-0270 0.00 ft. No Exl~as @ $0.00 per ft. = $0.00 $1,573.50 EXHIBIT "F" Page 7 of 17 Page 7 of 17 -113- Preliminary Assessment Roll Laguna Shores Road o Mediterranean Dr. to Caribbean Dr. City Project No. 6158 35 Craft, Jerry L. Et. Ux. 50.00 lt. Curb, Gutter and Pavement. Front {~ $9.75 per lt. = $457.50 ~enita I~ 0.00 ff Curb, Gutter and Pavement - Side ~ $4.88 per lt. = $0.00 3117 Laguna Shores Rd 40.00 fL 4 ft. Wide Sidewalk - Front ~ $1.00 per ff = $40.00 Corpus Christi, TX 78418 0.00 ff. 4 ft. Wide Sidewalk - Side ~ $0.50 per lt. = $0.00 3117 Lagurm Shores Rd. 125.00 sf j 1 - 10 ft. Ddveway. Front @ $5.40 per ft. = $675.00 Lot 26, Block 1 0.00 sf No Second Driveway ~ $5.40 per lt. = $0.00 Tropic Isles 0.00 ff, No Extras ¢~ $0.(X) per ft. = $0.00 8846-0001-0260 0.00 fL [ No Extras @ $0.00 per fi- = $0.00 $1,202.50 36 T~uesde//, R/chard B. 55.00 lt. I Curb, Gutter and Pavement - Front ~ $9.75 per It. = $633.75 P.O. Box 18076 0.00 ft. Curt), Gutter and Pavement- Side @ $4.88 per ft. = $0,00 Corpus Christi, TX 78418 55.00 ft. 4 ff. Wide Sidewalk - Front I~ $1.00 per It. = $55.00 3113 Lagurm Shores Rd, 0.00 ft. 4 ft. Wide Sidewalk - Side I~ $0.50 per ft. = $0.00 Lot 25, Block I 125.00 sf t-10 ff. D~veway - Front @ $5.40 per ft. = $675.00: Tropic Isles 0.00 sf No Second Driveway @ $5.40 per ft. = $0.0( 8846-0001-0250 0,00 ft. No Extras @ $0.00 per lt. = $0.0( 0.00 ff No Extras ~ $0.00 per lt. = $0.0( $1,363.75 37 Lafourch, Inc. 150.00 ft. Curb, Gutter end Pavement - Front ~ $9.75 per lt. = $1,462.5( Corpus Christi, TX 78480 140.00 ff 4 ff. Wide Sidewalk - Front @ $1.00 per ff. = $t40.(X 3105 Lagurm Shores Rd. 0.00 ff. 4 fl. Wide Sidewalk - S~de ~ $0.50 per fL. = $0.0C Lot 24, Block t 125.00 sf 1 - 10 ff. Driveway - Front @ $5.40 per ff = $675.0C Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per fL = $0.0C 8846-000t-0240 0.00 lt. No Extras ~ $0.00 per fL = $0.0( 0.00 ft. No Extras ~ $0.00 per fL = $0.0( $2,277,50 38 Carter, John R Et. Ux. 6.73 ff Curb, Gutter and Pavement - Front @ $9.75 per ft. = $65.6; Cheryl J_ 6.73 ft. 4 ff. Wide Sidewalk - Front ~ $1.00 per ft. = $6.7: 145 Caribbean D~ 0.00 ff 4 ft. Wide Sidewalk. Side ~ $0.50 per ft. = $0.0C Corpus Chri=ti, TX 78415 0.03 sf No Driveway ~ $5.40 per ft. = $0.0C 145 Caribbean Dr. 0.00 sf No Second Driveway @ $5.40 per It. = $0.0C Lot 23, Block 1 0.00 ff No Extras @ $0.00 per It, = $0.0( Tropic Isles 0.00 ft. No Exl~as @ $0.(30 per ft. = $0.0( 8846-0001-O230 0.00 ff. No Extras @ $0.C0 per ft. = $0.0( $72.35 End Laguna Shores Rd. - SouthEast Side Fr~m Mediterranean Dr. to Caribbean Dr. Page 8 of 17 -114- EXHIBIT "F' II Page 8 of 17 ~ Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Cadbbean Dr. City Project No. 6158 Begin Laguna Shores Rd. - Northwest Side From Mediterranean Dr. to Caribbean Dr. 39 Casler, Deanna M and 4,86 ft. Curb, Gutter and Pavement - Front I~ $9.75 per ft. = $47,36 Gearge J McQuade 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 per It. = $0.0( 302 B Nas Dr 4.56 ff. 4 It. Wide Sidewalk - Front ~ $1.00 per It. = $4.8E Corpus Christt, TX 784f8 0.00 It. 4 It. Wide Sidewalk ~ Side @ $0.50 per It. = 206 Mediterranean Dc 0.00 sf No Driveway @ $5.40 per ft. = $0.0C Lot 23, Block 3 0.00 sf Ne Second Driveway @ $5.40 per ft. = $0.0(3 Tropic Isles 0.00 It. No Extras ~ $0.00 per f'L = $0.0(3 8846-0003-0230 0.O0 It. No Ext,'as ~ $0.00 per ff. = $52.25 40 Gosnell, Garrett W Et Ux 150.12 It. Curb, Gutter and Pavement - Front ~ $9.75 per ff. = $1,463.67 Lenora V. 0.00 It. Curb, Gutter and Pavement- Side ~ $4.68 per ft. = $0.00 3442LagunaShoresR~ 131.12 It. 4 ft. Wide Sidewalk. Front @ $1.00 per It. = $131.12 Corpus Christi, TX 78418 0.00 ff. 4 ft. Wide Sidewalk - Side I~ ~0.50 per It. = $0.00 3442 Laguna Shores Rd. 21 $.00 sf 1 ~ 19 ff. Driveway - Front @ $5.40 per ft. = $1,161.00 Lot 22, Block 3 0.00 sf No Second Driveway ~ $5.40 per ff. = Tropic Isles 0.00 ft. No Extras {~ $0.00 per ft, = $0.00 B846-0003.0220 0.00 It. No Extras @ $0.00 per It. = $0.00 $2,755.79 C/a/y, Oawd L. Jr Et. Ux. Loy 52.75 It. Curb, Gutter and Pavement - Front @ $9.75 per ff. = $611.81 3434LagunaShoresFt~ 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 perff. = $0.00 CorpusChr/sti, TX78418 39.75 ff. 4 ff. Wide Sidewall~ - Front @ $1.00 peril. = $39.75 3434 Laguna Shores Rd. 0.00 ft. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = $0.00 Lots 21, Block 3 255.00 sf 1 - 23 tt. Driveway - Front (~ $5.40 per ff. = $1,377.00 Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per It. = ~).06 5846-0003-0210 0.00 tt. No Extras @ $0.00 per ff. = $0.03 0.00 tt. No Extras ~ $0.00 per ff. = $2,028.56 42 Dirtle, Jarne~ Patnck Et Ux 50.00 lt. Curb, Guffer and Pavement - Front @ $9.75 per It. = $487.50 ~usan V~ 0.00 tt. Curb, Gutter and Pavement - Side ~ $4.88 per ff. = $0.00 3655 Cedar Bluff Dc 37.00 It. 4 fi. Wide Sidewalk - Front @ $1.00 per ff. = $37.00 Cotopaxi, CO, 51223 0.00 ff. 411. Wide Sidewalk - Side @ $0.50 per ft. = $0,00 ~430 Laguna Shores Rd. 155.00 sf I - 13 lt. DHveway - Front @ $5.40 per ff. = $837.00 $1,361.50 43 Weiss, Jerry M Et Ux 60.00 ff. Curb, Gutter and Pavement - Front @ $9.75 per ff. = $487.60 DhylllsL. Weiss 0.00 ff. Curb, Gutterand Pavement-Side @ $4.85 perit. = $0.00 ~425 Laguna Shores Ftc~ 29.00 ft. 4 ft. Wide Sidewalk - Front @ $1.00 per It. = $29,00 .et 19, Block 6 0.00 sf No Second Driveway @ $5.40 per ft. = $0.00 Tropic Isles 0.00 ft. No Ex. as @ $0.00 per ft. = $0.00 $1,786.50 Page 9 of 17 -115- EXHIBIT "F" II Page g of 17 Preliminary Assessment Roll Laguna ~hores Road - Maditerranea~ Dr. to Caribbean Dr. City Project No. 6158 44 Sto~y, R/chard L. Et Ux 50.00 ff. Curb, Gutter and Pavement- Front ~ $9.75 per ff. = $487.5C Matte L. 5tory 0.00 ff. Curb, Gutter and Pavement - Side @ $4.88 per ff. = $0.0C 3422 Laguna Shores Rc~ 29.00 It. 4 ft. Wide Sidewalk - Front @ $1.00 per ff. = $29.0C Corpu~ Christ~ TX 794f8 0.00 ft. 4 It. Wide Sidewalk.- Side I~ $0.50 per ff. = $0.0C 3422 Laguna Shores Rd. 235.00 sf I I - 21 R. Driveway. Front {~ $5.40 9er ff. = $1,269.0C Lot 18, Block 3 0.00 sfI No Second Driveway @ $5.40 per ff. Tropic Isles 0.00 ff. No Extras ~ $0.00 per ff. -- $0.0~ 8846-0003-0180 0.00 ff. No Extras @ $0.00 per ff. = $0.0C $1,785.50 45 E8iott, CarolAnne 50.00 ft. Curb, Gutter and Pavement - Front @ $9.75 per ff. = $487.5C 3415 Laguna Shores I~ 0.00 ft. i Curb, Gutter and Pavement - Side I~ $4.88 per ff. = $0.0~ Carpus Christi, TX 784~8 30.00 ff. 4 ff. Wide Sidewalk - Front @ $1.00 per ft. = $30.00 34t8 Laguna Shores Rd. 0.90 ff. ! 4 It. Wide Sidewalk - Side I~ $0.50 per ff. = $0.00 Lot 17, Block 3 225.00 sf I - 20 ff. D~veway - Front @ $5.40 per ft. = $t ,215.00 Tropic isles 0.00 sf No Second Driveway @ $5.40 per ft. = $0.00 8846-0003-0170 0.00 ft. No Extras @ $0.00 per ff. = 0.00 ff. No Extras ~ $0.00 per ff. = $0.0{3 $1,732.50 46 Harlan, James E. Jr. Et. Ux. 50.00 ff. ' Curb, Gutter end Pavement - Front ~ $9.75 per ff. = $487.5(3 t08 GrapetandAve 0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.00 San Antonio, TX 78214 26.00 ff. 4 )% Wide Sidewalk - Front @ $1.00 per ft. = $26.00 3414 Lagul3a Shores Rd. 0.00 ft. 4 ff. Wide Sidewalk. Side ~ $0.50 per ft. = $0.08 Lots 16, Block 3 265.CO sf 1 - 24 ff. Driveway. Front @ $5.40 per ff. = $t,431.0(3 Tropic Isle~ 0.00 sf No Second Driveway ~ $5.40 per ff. = $0.00 8846-0003-0t60 0.00 ff. No Ex~a'as @ $0.00 per ft. = $0.00 $1,~4.so 47 Netek, Frank J III Et Ux 50.00 ff. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $487.50 Bethany B. 0.00 ff. Curb, Gutter end Pavement - Side @ $4.88 per ft. = $0.00 9410 Leguna Shores Rd 25.00 ft. 4 ff. Wide Sidewalk - Front ~ $1.00 per ff. = $28.00 Corpus Christi, TX 7~4t8 0.0D ff. 4 ft. Wide Sidewalk - Side (~ $0.50 per ft. = $0.00 3410 Legur~ Shores Rd. 275.00 sf I - 25 It. Driveway - Front ~ $5.40 per ft. = $1,485.00 Lot 15, Block 3 0.00 sf No Second Driveway ~ $5.40 per ft. = $0.00 Tropic Isles 0.C0 ft. No Exb'~s @ $0.00 per ff. = $0.00 8846-0003-0150 0.00 ff. No Extras @ $0.00 per ft. = $0.00 $1,997.50 48 CanSeld, Rona/d Wayne 50.00 ff. Curb, Gutter end Pavement - Front ~ $9.75 per ft. = $487.50 3406 Lagune Shores/~d 0.00 I~ Curb, Gutter end Pever~ent - Side I~ $4.88 per ff. = $0.00 Corpus Christi, TX 78418 24.50 ff. 4 ff. Wide Sidewalk - Front @ $1.00 per ft. = $24.50 3406 Laguna Shores Rd. 0.00 ff. 4 ft. Wide Sidewidk - Bact[ I~ $0.50 per ft. = $0.00 Lot 14, Block 3 270.00 sf I - ~1.5 ft. Dl%'ewey - Fro~t @ $5.40 per ff. = $1,458.08 Tropic Isles 0.00 sf No Second Driveway (~ $5.40 per ft. = $0.08 8846-0003-0140 0.00 ft. No Ex,'as @ $0.00 perft. = $0.00 0.00 ft. No Ext~es ~ $0.00 per ff. = $0.00 $1,970.00 Page 10 of 17 Page 10 of 17 il -116- I Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 49 fro/lan, Fredrick Paul & 50.00 ft. Curb, Gutter and Pavement - Front @ $9.75 per fl. = $487.50 OJIce 0.00 ft. Curb, Gutter end Pavement - Side @ $4.88 per fL = $0.00 ~402 Laguna Shores R(~ 19,00 ft. 4 ft. Wide SidewaJk * Front ~ $t .00 per ft. = $19.00 ~orpu~ Christi, TX 78412 0.00 ft. 4 ff. Wide Sidewalk - Back ~ $0,50 per ft. = $0.00 3402 Laguna Shores Rd. 335.00 sf 1 - 31 ff. Driveway - Front @ $5.40 per ff. -- $1,809.00 Lot 13, Block 3 0.00 sf No Second Driveway @ $5.40 per ff. = $0.00 Tropic Isles 0.00 ff. , No Extras ~ $0.00 per ft. = $0.00 8846-0003-0130 0.00 ff. No Ex~as {~ $0.00 per fL = $0.00 I $2,315.50 50 Shooprnan, VvTIburn R. 50.00 ft, Curb, Gutter and Pavement - Front ~ $9.75 per It. = $487.5( 3346 Laguna Shores Ro~ 0.00 It, Curb, Gutter and Pavement - Side @ $4.88 per ff. = $0.0( Corpus Christi, TX 78418 40.00 ft. 4 tt. Wide Sidewalk - Front @ $1.00 per ff. = $40.0( 3346 Laguna Shores Rd. 0.00 ft. 4 ft. Wide Sidewalk - Back @ $0.50 per ff. = $0.0( Lot 12, Block 3 125.00 sf 1 - 10 ft. Driveway - Front @ $5,40 per fL = $675.0( Tropic Isles 0.00 sf No Second Driveway @ $5.40 per fL = $0.0C 8846-0003-0120 0.00 ft. No Ex"bas @ $0.00 per ff. = $0.0C 0.00 ft. No Extras ~ $0.00 per ff. = $0.0C $1,202,50 51 Impressions, Homes Inc 50.00 ft. Curb, Gutter and Pavement - Front @ $9,75 per ff. = $487.5{: 500 N. Water #725 South Tower 0.00 fL Curb, Gutter and Pavement - Side @ $4.88 per ff. = $0.0C Corpus Christi, TX 78471 37.00 ff. 4 It. Wide Sidewalk - Front @ $1.00 per fL = $37.0C 3342 Laguna Shores Rd. 0.00 ff. 4 ft. Wide Sidewalk - Back I~ $0.50 per fL = $0.0C Lot t I, Block 3 155.00 sf I - 13 ft. Driveway - Front @ $5.40 per It. = S837.0C Tropic isles 0.00 sf No Second D~veway @ $5.40 per ft. = $0.OC 8846-0003-0110 0.00 ft. No Ex'b'as @ $0.00 per fL = $0.0C 0.00 ft. No Extras @ $0.00 per ft. = $0.0(] $1,361.50 52 Edwards, Freddie Joe & 50.00 ff. Curb, Gutter and Pavement - Front ¢~ $9.75 per ff. = $467.5a Ima Jean Edwards 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.0(] 14493 S Padre Island Dr. #A 50.00 ff. 4 ft. Wide Sidewalk - Front @ $1.00 per ft. = $50.0{: Corpus Chdsti, TX 78418-59 0.00 ft. 4 ft. Wide Sidewalk - Back ~ $0.50 per fL = 3338 Laguna Shores Rd. 0.00 sf No Driveway @ $5.40 per fL = $O.OC] Lot 10, Block 3 0.00 sf No Second Driveway @ $5.40 per ff. = Tropic Isles 0.00 ft. No Extras @ $0.00 per fL = 8846-0003-0100 0.00 ft. No Extras ~ $0.00 perff. = $0.0~ $537.50 53 Edwards, Freddie Joe & 50.00 ft. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $487.5(3 Ima Jean Edwards 0.00 It. Curb, Gutter and Pavement - Side @ $4.88 per fL = 144935Padrel~landD~#A 50.00 fL 4 fL Wide Sidewalk - Front @ $1.00 perfL = $50.00 Corpus Christ/, TX 78418~59 0.00 fL 4 ff. Wide Sidewalk - Back (~ $D.50 per ft. = $0.0(3 3334 Laguna Shores Rd. 0.00 sf No Driveway @ $5.40 per ft. = $0.00 Lot 9, Block 3 0.00 sf No Second Driveway ~ $5.40 per It, = $0.00 Tropic Isles 0.00 ft. No Exb'as @ $0.00 per ff. = $0.00 5846-0003-0090 6.00 ff. No Extras @ $0.00 per ft. = $0.00 $537.50 Page 11 of 17 Page 11 of t7 -117- Preliminary Assessment Roll Laguna ~hores Road - Mediterranean Dr. to Caribbean Dr. Cib/Project No. 6158 133.50 ft. Curb, G~tter and Pavement - Front ~ $9.75 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 105.50 fl, 4 ft. Wide Sidewalk - Front @ $1.00 0.00 ft. 4 ft. Wide Sidewalk - Back ~ $0.50 155.00 sf 1 - 13 ft. D~veway - Front ~ $5.40 145.00 sf 1 - 12 ft. Driveway - Front ~ $5.40 66.50 ff Curb, Guffer and Pavement - Front ~ $9.75 0.00 ft. Curb, Gutter and Pavement- Side @ $4.88 50.90 fft. 4 ft. Wide Sidewalk - Front ~ $1.90 0.00 ff 4 ft. Wide Sidewalk - Back ~ $0.50 175.00 sf 1 - 15 fl Driveway. Front @ $5.40 0.00 sfi No Second D~veway ~ $5.40 0.00 ft.; No Extras ~ $0.00 0.00 fl. No Ex'b'as @ $0.00 50.00 ft. I Curb, Gatt~r and Pavement. Front ~ $9.75 0.00 fl, i Curb, Gutter and Pavement - Side @ $4.88 25.50 fl, i 4 ff Wide Sidewalk - Front {~ $1.00 0.00 ft. 4 ff. Wide Sidewalk - Back @ $0.50 270.00 sf 1 - 24.5 ff Dflveway - Front @ $5.40 0.00 sf Ne Second Dflveway @ $5.40 0.00 ff No Extras @ $0.00 0.CO ft. ~ No Extras ~ $0.00 $0.00 $108.50 $648.38 $50.9o $o.oo $945.00 $0.00 $0.00 $0.00 $487.50 $0.00 $25.50 $9.00 $1,458.00 $0.oo $3,030.13 Keith D. 33~0 Laguna Shores R~ ~orpus Christi, TX 78418 3310 Laguna Shores Rd. .~ 3, Block 3 S846.~003.0030 Thomas, Devid J. Et Ux 50.00 ff: Curb, Gutter and Pavement - Front @ $9.75 0.00 ff Curb, Gutter and Pavement. Side ~ $4.88 25.50 ft. ~ 4 ft. Wide Sidewalk - Front @ $1.00 0.00 fl, 4 ff Wide Sidewalk * Back ~ $0.50 270.00 sf 1 - 24.5 ff. Driveway - Front ~ $5.40 0.00 sf No Second Drfveway ~ $5.40 0.00 ft. No Extras I~ $0.00 0.00 ff. No Extras ~ $0.00 50.00 ff. Curb, G~ter and pavement. Front ~ $9.75 per ft. = $487.50 $0.00 $25.50 $0,oo $1,458.00 $0.00 $0.00 $o.oo $487.50 $1,971.00 3306 Laguna Shores Rd. Lot 2, Block 3 Tropic Isles 5846-00034)020 O.CO ff. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.00 26.00 It. 4 ff. Wide Sidewalk - Front ~ $1.00 per ft. = $26.00 0,00 fl. 4 ft. Wide Sidewalk - Side @ $0.50 per ftc = $0.00 185.00 sf 1 - 16 ff. Driveway - Front ~ $5.40 per ff = $999,00 0.00 sf No Second Ddveway @ $5.40 per ft. = $0.00 o.oo ff. No Ex, es ~ $0.00 per ft. = $0.00 0.00 ft. No Extras I~ S0,00 per ff = $0.00 Page 12 of 17 -118- EXHIBIT "F" Page t2 of 17 City Project No. 6158 73.04 R. 0.00 ff. 55.64 It. 0.00 lt. 199.00 sf 0.00 sf 0.00 ft. Curb, Gutter and Pavement - Front I~ $9.75 per ft. = $712.14 Curb, Gutter and Pavement - Side @ $4.88 per lt. = 4 ft. Wide Sidewalk - Front ~ $1.00 per lt. = $55.64 4 ff. Wide Sidewalk - Side @ $0.50 per lt. = 1 ~ 17.4 lt. Driveway - Front @ $5.40 per lt. No Second Driveway ~ $5.40 per ff. = $0.00 No Extras @ $0.00 per ft. = $0.00 No Extras ~ $0.00 per ft. = $0.00 82.98 ft. Curb, Gutter end Pavement- Front @ $9.75 per ff. = $809.06 3orpu~ Chr~ti, TX 784~8 S246 Laguna Shores Rd. _ot 1, Block 4 S846-0004-0010 0.00 It. Curb, Gutter and Pavement ~ Side ~ $4.88 per lt. = 64.08 ft. 4 ff. Wide Sidewalk - Front ~ $1.00 per lt. = 0.90 It. 4 ff. Wide Sidewalk - Side @ $0.50 per ff. = 214.00 sf 1 - 15.9 lt. Driveway - Front @ $5.40 per ff. = 0.00 sf No Second Driveway ~ $5.40 per ff. = 0.00 ff. No Ex'bas (~ $0.00 per ft. = 0.00 fi. No ExtJ'as ~ $0.00 per ft. = ~teen, Terly Jack~on Et Vir 50.00 fi. Curb, Gutter and Pavement - Front ~ $9.75 0.00 it. Curb, Gutter and Pavement - Side @ $4.88 23.00 ff. 4 lt. Wide Sidewalk - Front 0.00 ft. 4 lt. Wide Sidewalk - Side @ $0.50 295.00 sf I - 27 lt. Driveway - Front @ $5.40 0.00 sf No Second Driveway @ $5.40 0.00 ft. No Extras @ $0.00 0.00 It. No Extras @ $0.00 50.00 It. Curb, Gutter and Pavement - Front (~ $9.75 0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 40.00 ft. 4 lt. Wide Sidewalk - Front @ $1.00 0.00 ft. 4 ff. Wide Sidewalk - Side @ $0.50 125.00 sf I - 10 fl. Driveway -Front @ $5.40 0.00 sf No Second Driveway (~ $5.40 0.00 ft. No Extras ~ SO.DO 0.00 ft. No Extras @ $0.00 <e~r, Robe~ L. 3234 Laguna Shores Rd ~orpus Christ~, TX 78418 S234 Lagui!a Shores Rd, .or 4, Block 4 tropic Isles ~846,.0004-0040 per ft. = per ft. = 50.00 lt. Curb, Gutter and Pavement- Front @ $9.75 3er It. = O.00 ft. Curb, Gutter and Pavement - Side @ $4.88 3er lt. = 35.7 ff. 4 ff. Wide Sidewalk - Front @ $1.00 per ft, 0.(30 ff. 4 lt. Wide Sidewalk - Side ~ $0.50 per ft. = 158.00 sf I - 13.3 Driveway - Front @ $5.40 per ft. = 0.(30 sf No Second Driveway @ $5.40 per f~ 0.00 ft. No Extras @ $9.00 per ft. = 0.00 ft. No Extras @ $0.00 per ft. = $0.OO $64.08 $0.00 $2,028.74 $2,103.50 $t,202.50 Page 13 of 17 -119- EXHIBIT "F" Page 13 of 17 Preliminary Assessment Roll Laguna ~hores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 Calvin F 3106 Laguna Shores Rc~ Corpus Christi, TX 78418 Lot 5, Block 4 Tropic Isles 50.00 ff. Curb, Gutter and Pavement - Front 0.CO ff. Curb, Gutter end Pavement. Side 32.50 ft.i 4 It. Wide Sidewalk - Front 0.O0 ft.i 4 It. Wide Sidewalk - Side 200.00 sf 1-17.5 it. Ddveway. Front 0.00 sf No Second Driveway 0.00 ff. No Extras $9.78 ~erff. $4.88 ~er ft. $0.50 >er It. $5.40 >er ff. Curb, Gutter and Pavement - Front ~ $9.75 *er It. = SO.CO -- $32.50 = $1.080.00 $t ,6CO.CO Eloisa F 3226 Laguna Shores Re( Corpus Christi, TX 78418 3226 Laguna Shores Rd. Lot 6, Block 4 Tropic Isles 6846.O004.0060 Chase, Manhattan Mrtg Coq) 0.00 ft. I Curb, Gutter and Pavement - Side @ $4.05 26.50 It. 4 fl. Wide Sidewalk - Front @ $1.00 0.CO ft. 4 ft. Wide Sidewalk - Side ~ $0.50 260.00 sfi I - 23.5 ff. D~veway - Front ~ $5.40 0.00 afl No Second Driveway ~ $5.40 0.00 It. No Ex, as @ SO.CO 0.00 fL No Extras @ $0.00 50COIf I · 'i Curb, Gutter end Pavement - Front ~ $9.75 per It. 200 Old Wilson Bridge Rd. Worthington, OH 43009 3222 Legune Shores Lot 7, Block 4 Tropic Isles 6846-0004-0070 0.00 ff. Curb, Gutter and Pavement - Side @ $4.88 per It. 39.CO ft. 4 ff. Wide Sidewalk - Front ~ $1 .CO per It. 0.00 fL 4 ff. Wide Sidewalk - Side ~ $0.50 per It. 235.00 sf I - 21 ff. DHveway o Front ~ $5.40 per ft. 0.00 sf No Second Driveway (~ $5.40 per ft. 0.CO fL No Extras ~ $0.00 per ft. 0.CO ft. No Extras ~ SO.CO per ft. SO.CO San Antonio, TX 78239 3218 Laguna Shores Rd. Lot 8, Block 4 50.00 fL Curb, Gufter and Pavement o Front ~ $9.75 per ff. = 0.00 ff. C'urb, Gutter and Pavement - Side @ $4.88 per ff. = $0.00 30.50 ff. 4 ff. Wide Sidewalk - Front @ $1.CO per fL = $30.50 0.CO ft. 4 ff. Wide Sidewalk - Side @ $0.50 per It. = SO.CO 220.CO sf 1 - 19.5 fi, D~veway. Front ~ $5.40 per ff. = $1,188.00 0.00 sf No Second Drfveway @ $5.40 per It. = 0.CO ft. No Exl]'as ~ $0.00 per ft. = SO.CO 0.00 ft. No Extras ~ $0.00 per ft. = $0.00 50.CO ft. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $487.50 20.50 FC 4 fl. Wide Sidewalk - Front ~ $1.CO per lt. = $20.50 0.00 ft. 4 ft. Wide Sidewalk - Side ~ $0.50 per ff. = SO.CO 0.00 sf No Second Driveway @ $5.40 per It. = SO.CO 0.00 ff. No Ext~s i~ SO.CO per ft. = $0.00 $1,706.00 $2,236.CO Page 14 of 17 -120- EXHIBIT "F" I[ Page 14 of 17 ~ Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 69 Nioolau, Bden A Et Ux 50.00 ft. ! Curb, Gutter and Pavement. Front @ $g.TS per fL = ~7.s0I Tere~aWN/colau 0.CO ft. Curb, Gutter and pavement - Side ~ $4.88 per lt. = SO.COI 32~6 Laguna Shore.~ Rd. 50.00 fL 4 It. Wide Sidewalk. Front @ $1.00 per it. = $50.00I Corpus Christ6 TX 78418 0.00 fL 4 lt. Wide Sidewalk. Side @ $0.50 per It. = $0.00 32t0 Laguna Shores Rd. 0.00 sf No Driveway @ $5.40 per ft. = SO.COI Lot 10, Block 4 0.00 sf; No Second Driveway @ $5.40 per ff. = $0.00I Tropic Isles 0.CO lt. No Ex~ras @ SO.CO per ff. = $0.00I 8846-0004-0100 O.CO fL No Extras @ $0.00 per ff. = $O.OOJ 70 ~licolau, ~nen A ~t Ux 50.00 lt. ~urb, Gutter and Pavement. Front @ $9.75 per fL = ~4~7.soI 3206 Laguna Shores Rd. 30.60 lt. 4 lt. Wide Sidewalk. Front @ Sl .00 per ft. = ~30.60I Corpus Chri~t~, TX 75416 0.00 lt. 4 It. Wide Sidewalk - Side ~ $0.50 per ft. = $0.00I 3206 Lagurm Shores Rd. 219.00 sf I - t9.4 fL Driveway - Front ~ $5.40 per ft. = $1,182.60I Lot 1 I, Block 4 0.CO sf No Second Driveway @ $5.40 per ff. = $0.00~ l'ropJc Isles 0.00 ff. No Extras @ $0.00 per fi. = $0.00~ ~846-0004~0t10 0.00 lt. No Extras @ $0.00 per fL = $0.00! '/ $1,700.70 71 Thomas, Charlene And 50.00 fL Curb, Gutter and Pavement. Front ~ $9.75 per ff. = $487.50/ ~avid M CooverJc Tn:stee 0.00 lt. Curb, Gutter and Pavement - Side ~ $4.86 per lt. = $0.00 ~21 N Chaparral 38.30 ff. 4 lt. Wide Sidewalk. Front @ $1 .CO per ff. = $38.30/ ~orpu$Christi, TX78401 0.00 fL 4 fL Wide Sidewalk - Side I~ $0.50 per ft. = $0.00/ 3202 Laguna Shores Rd. 142.00 sf 1 - 11.7 lt. Driveway - Front @ $5.40 per lt. = $766.80~ _ot t2, Block 4 0.00 sf No Second Driveway @ $5.40 per ft. = S0.CO! 3846-0004-0120 0.00 fLt_ NoExt~as ~ $0.00 per fL = $0.00/ ~] $1,292.60 72 Moreno, Ignacio 50.00 lt. Curb, Gutter and Pavement. Front @ $9.75 per ff. = $487.50/ 3041 Hotly Rd 0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88 per lt. = Corpus Ch~sti, TX 78415-23 50.00 ft. 4 ft. Wide Sidewalk - Front @ $1 .CO per lt. = $50.00! 3t 46 Laguna Shores Rd. 0.CO fl. 4 It. Wide Sidewalk. Side @ $0.50 ,,r ~- -- $0.0o/ Lot t3, Block 4 0.00 sf No Driveway @ $5.40 per ft. = $0.00! Tropic Isles 0.00 sf No Second Ddveway @ $5.40 per lt. = 8846-0004-0130 0.CO fL NoExtras @ $0.00 perft. = $0.00| 0.CO ff. No Extras ~ $0.00 perlt. = $0.001 $537.50 73 Rowe, Real Estate L.P. 50.00 lt. Curb, G~ter and Pavement - Front @ $9.75 per ff. = $487.50/ 3825Apollo Road 0.00 lt. Curb, Gutter and Pavement- Side @ $4.88 per/t. = Corpus Christi, TX 78413 50.00 ft. 4 ff. Wide Sidewalk - Front ~ $1.00 per fL = $50.00! 3t42 Lagurm Shores Rd. 0.00 ft. 4 It. Wide Sidewalk ~ Side @ $0.50 per fL = $0.00! LOt 14, Block 4 0.00 sf No Driveway @ $5.40 per ft. = Tropic Isles 0.00 sf No Second Driveway @ $5.40 per ft. = $0'001 8846,.0004-0140O.OOlt. $o.oo per ft. : $o.oo 0.00 fL NoExtras @ SO.CO perfL = $0.00! $537.50 EXHIBIT "F" Page 15 of 17 Page 15 of 17 -121- 74 Cox, S~=hen R Et Ux Tina M. I Preliminary Assessment Roll Laguna ~hores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 5158 50.00 fi" [ Curb, Gutter and Pavement - Front ~ $9.75 per ff. = $487.5(~ 3t38 Laguna Shores Rd. Corpus Christ/, TX 784f8 3138 Laguna Shore~ Rd. Lot 15, Block 4 tropic S846-0004-0150 ~5,46-0004-0180 HcKenzie, Emmett O ~. 0. Box567 Jtc~pia, TX 78884 3122 Laguna Shor~s Rd. .ot t9, Block 4 0.00 ft. Curb, Gutter end Pavement - Side I~ $4.88 per fi" $0.0(~ 30.CO It. 4 fi" Wide Sidewalk - Front @ $1.00 per ff. 0.00 fi" 4 It. Wide Sidewalk - Side ~ $0.50 per ff. 225.00 sf 1 - 20 lt. Ddveway - Front ~ $5.40 per fi. $1,215.0~ 0.00 sf No Second Driveway I~ $5.40 per fi" $0.0{~ 0.00 lt. No Extras ~ SO.CO per ft. $0.0{1 0.00 ft. No Extras ~ $0.00 per fi" = $0,C0 50.00 fi" Curb, Gutter and Pavement - Front ~ $9.75 per fi" = $457.50 0.00 lt. i curb, Gutter and Pavement- Side @ $4.88 per fi" = SO.CO 34.00 It. { 4 lt. Wide Sidewalk - Front @ $1.00 per lt. = $34.00 0.00 fi" I 4 lt. Wide Sidewalk - Side ~ $0.50 per lt. = $0,09 185.00 sf I - 16 fi[. Ddveway - Front ~ $5.40 per lt. = $999,00 0.00 sf i No Second Driveway I~ $5.40 per ff, = $0.00 0.00 ft. No Extras @ SO.CO per ft. = $0.00 0.co fi" No Extras @ $0.00 perlt. = SO.CO SO.CO fi" Curb, Gutter end Pavement - Front ~ $9.75 0.00 ff. Curb, GuUer end Pavement - Side ~ $4.88 32.9 fi" 4 ff. Wide Sidewalk - Front ~ $1 ,~ 0.00 fi" 4 ft. Wide Sidewalk - Side @ $0.50 196.00 sf I - 17.1 fi"D~veway - Front @ $5.40 0.00 sf No Second Driveway ~ $5.40 0.00 ff. No Extras @ SO.CO 0.00 ff. No Extras ~ $0.00 per fi" = $487.50 ;~er lt. = $0.00 ;~er fi" = $32,90 =er fi" = $0.00 :)er fi[,= $1,05fi"40 =er ff. = SO.CO =er fi" = $0.00 ~er fi" = $0.00 50.00 lt. Curb, Gutter and Pavement* Front ~ $9,75 0.00 lt. Curb, Gutter end Pavement - Side ~ $4.88 29.3 fi" 4 lt. Wide Sidewalk - Front @ $1 ,C)~ 0.00 ft. 4 lt, Wide Sidewalk - Side ~ $0.50 232.00 sf 1 - 20.7 ff. Ddvewey - Front ~ $5.40 0.00 =f No Second Driveway ~ $5,40 0.CO ft. No Extras ~ SO.CO 0.00 ft. No Extras ~ SO.CO =er ft, = $487.50 =er ft. = $0.00 3er ft. = $29.30 3er ft. = $0.00 =er fi" = $1,252.00 =er fi" = $0.00 3er ft. = SO,CO =er fi" = $0.00 SO.CO ft. Curb, Gutter and Pavement - Front @ $9.75 0.00 ft. Curb, Gutter end Pavement * Side ~ $4.88 31.20 ft, 4 ft. Wide Sidewalk - Fm~t @ $1.00 0.00 lt. 4 lt. Wide Sidewalk - Side ~ $0.50 213.00 sf 1 - 18,8 fl, Driveway - Front @ $5.40 0.00 sf No Second Driveway I~ $5.40 0.00 ft. No Extras ~ SO,CO 0,00 fi" No Exb'as @ $0.00 =er ft. = $487.50 =er ft. = $0.00 ~er lt. = $31.20 ~er fi" = $0.00 3er ft. = $1,150,20 ~er ft, = $0.00 3er fi" = $0.00 =er lt. = $1,732,50 $1,520.50 $1,769,60 $1,668,90 EXHIBIT "F" Page 16 of 17 Page 16 of 17 -122- Preliminary Assessment Roll Laguna Shores Road. Medite~Tanean Dr. to Caribbean Dr. City Project No. 6t58 79 Luna, Joni & 50.00 ft. Curb, Gutter and Pavement - Front ~ $9.75 per ft. $487.50I Tracie L Jerneh 0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 per ff. $0.00I 3118 Laguna Shores Rd 27.2 · 4 ff. Wide Sidewalk - Front @ $1.00 per ft. $27.20I Corpus Christi, TX 78418 0.00 lt. 4 It. Wide Sidewalk - Side @ $0.50 per lt. = $0.00I 3118 Laguna Shores Rd. 253.00 sf Ii 1 - 22.8 ft. Ddveway - Front @ $5.40 per ff. $1,366.20I .ot 20. Block 4 0.CO sf, No Second Driveway @ $5.40 per fi[. = $0.00I tropic Isle~ 0.CO ff. No Extras @ $0.00 per ff. = $0.00I 3846-0004-0200 0.CO ff. No Extras @ $0.00 per ft. = $0.CO~ 80 Dgden, Michael Dwight 65.00 ft. Curb, Gut{er and Pavement - Front ~ $9.75 per ft. = $633.76~ ~1 ~4 Laguna Shores/Rc~ 0.00 ~ Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.00I .Corpus Christi, TX 78418 48.50 ff. 4 ft. Wide Sidewalk - Front ~ $1.00 per ff. = $48.50I 31 t4 Lagune Shores Rd. 0.00 ff. 4 ft. Wide Sidewalk - Side ~ $0.50 per It. = $0.00~ .or 2t. Block 4 1 gO.CO sf 1 - 16.5 ft. Driveway - Front @ $5.40 per ft. = $1,026.00~ rroplc Isles 0.CO sf No Second Driveway @ $5.40 per It. = $0.00I 384~i-0004~210 0.00 ft. No Extras @ SO.CO per ft. = $0.00~ 0.00 ft, No Extras @ $0.00 per R. = $0.00I / $'i,708.25 81 3dght, Calvin F. 143.27 ft. Curb, Gutter and Pavement ~ Front @ $9.75 per ft. = $1,396.88~ ~106 Laguna Shores/Rd 0.00 ft. Curb, Gutter and Pavement - Side @ $4.88 per ft. = $0.00/ Dorpus Chris#, TX 78418 132.77 ft. 4 ff. Wide Sidewalk - Front I~ $1.00 per ft. = $132.77~ ;3106 Laguna Shores Rd. 0.00 fi. 4 ff. Wide Sidewalk - Side @ $0,50 per fi. = $0.00I .or 22, Block 4 130.00 sf I - 10.5 ff. Driveway - Front ~ $5.40 per fi. = $702.00~ Fropic Isles 0.00 sf No Second Driveway ~ $5.40 per ft. = $0.00/ t846-0004-0220 0.00 It. No Extras @ SO.CO per fi. = $0.00/ 0.00 ft. No Extras @ $0.00 perff. = SO.CO/ $2,231 End Laguna Shores Rd. - Northwest Side Fr~m Mediterranean Dr. to Caribbean Dr, Total of all Assessment Roll $134.503.11 Page 17 of 17 -123- EXHIBIT "F" II Page 17 of 17 II PRELIMINARY PROJECT BUDGET LAGUNA ~SHoRES ROAD STREET IMPROVEMENTS FRO~ MEDITERRANEAN TO CARIBBEAN (Project No. 6158) August 19, 2003 FUNDS AVAILABLE: Streets .............................. , ........................................................$950,152.14 Storm Water .......................i ......................................................... 1,233,694.59 Wastewater ........................i ........................................................1,019,264.90 Water ................................ i ......................................................... 243,361.73 Total ................................. ~ ........................................................$3,446,473.36 FUNDS REQUIRED: Construction (Berry Contracting): Street ............................ .... ............................ $650,975.50 Storm Water ..................... i ............................. 1,100,691.00 Wastewater ...................... ; ............................ 833,272.50 Water .............................. i .............................. 174,120.00 Subtotal Construction ......... ~ ........................................................$2,759,059.00 Contingencies (10%) ............ ~ ........................................................275,905.90 Consultant (Bass & Welsh Engineering) ............................................. 298,361.00 Consultant (Goldston EngineeJ'ing) ................................................... 18,996.00 Consultant (James K. Lontos, p. E.) ................................................ 509.61 Consultant (Wilbur Smith Associates) ................................................ 24,945.00 Finance Reimbursements ............................................................... 7,020.70 Engineering Reimbursements; ........................................................ 35,000.00 Testing .........................................................................................13,500.00 Bond Issuance Expense .................................................................. 9,676.15 Misc. (Printing, Advertising, etC.) ...................................................... 3,500.00 Total .......................................................................................... $3,446,473.36 EXHIBIT "G" -124- TIME SCHEDULE Laguna Slhores Road Street Improvements fromI Mediterranean to Caribbean Receive Bids July 23, 2003 Determination of Necessit~ and Schedule Public Headng August 19, 2003 Advertise for three (3) consecutive weeks: IS'advertisement' September 1,2003 2Da advertisement September 8, 2003 3r° adver[isement September 15, 2003 Deadline to advertise 21s' ~ay before Public Hearing September 9, 2003 Mail out individual notices September 11,2003 Deadline to send out individual notices 14th day before September 16, 2003 Public Hearing , Public Hearing and Award ~ontract September 30, 2003 Pre-Construction Meeting November 3, 2003 Notice to start Construction November 3, 2003 Complete Construction (465 Calendar Days) February, 2005 H :\U S ERS2~IOME~VELMAR~G EN~,STREET't6158\N ECE SSITY~TIM E SCHEDULE -125- EXHIBIT "H" [ Page 1 of 1 NOTICE OF PROPOSED ASSESSMENTS Laquna fro~ This street shall be constructe of a standard 6-inch curb and mix asphaltic concrete pavemE existing right-of-way. There and 9-inch concrete bake patl' and 6-inch thick reinforced cot 'reliminary Assessment Roll Shores Road Street Improvements Mediterranean to Caribbean by excavation to a width and depth to permit the laying utter section, 10-inch cement stabilized base, 3-inch hot ~t. The street shall be 40-feet and constructed within the ill be 4-foot wide standard reinforced concrete sidewalks tied to back of curb 4-inches thick with ADA compliance crete d dveway. The assessment rates have been calculated in accordance with the City's current assessment policy and the Io~w bid prices submitted by Berry Contracting of Corpus Christi, Texas. The assessment rates are as follows: Bid Prices for Assessable Maximum Item Improvements Plus Assessment Engineering Costs Rates per C. C. (Adjusted per C. C. Code Code Section 49-21 Section 49-21) 6" C. G. & PVMT.-40'-0" B-B 54.93 19.50 Sidewalk- 4' Conc. SAN 2.59 1.00 Driveways 5.40 5.40 Residential, Church, School property 6- c. G. & PVMT. 9.75 Sidewalk (4') 1.00 Driveways 5.40 Actual Cost % Street (C. G., 87.88 Pavement 40' B-B) Total Bid Price $2,759,059.00 Preliminary Assessments 134,503.11 City Share 2,624,555.89 ! t~f ~c~r~g'~ervices EXHIBIT "1" I Page I of I CITY COUNCIL AGENDA MEMORANDUM SUBJECT: Rincon Bayou Diversion Pipeline (Project No. 8416) Resolution for ACquisition of Easements August 26, 2003 AGENDA ITEM: Resolution rec(~gnizing the public necessity of acquiring waterline, surface site, access and construction easements for the Rincon Bayou Diversion Pipeline, Project # 8416, for a water pipeline and pumping station in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. ISSUE: This resolution was previously presented to City Council on May 13, 2003 and was passed under Resolution No. 025283. A determination was made afterwards requiring the need for three permanent access easements that would provide access to the pumping plant sites over an existing road and bddge. This resolution is similar in content to the first except for the addition of the access easements. Since 1991, the City has participated in an effort to divert freshwater to the Nueces Estuary in order to reduce the salinity levels of its marshes. Presently, the City is working closely with the Texas Commission on Environmental Qbality (TCEQ) on implementing an on-going monitoring and assessment program which will instill a management program for additional inflows into the Nueces Estuary. These additional inflows Will be provided via the Rincon Bayou Diversion Pipeline which will divert water from the upstream side of the saltwater dam located at LaBonte Park, flowing northeastward into the Rincon Bayc~u. There is a current need for f'n/e waterline easements and one pumping plant surface easement for construction of this project. In addition, three access easements are needed which overlap the existing 60 foot wide water/road easement owned by the San Patdcio Municipal Water District (SPMWD). The City will enter into a shared maintenance agreement under separate instrument with SPMWD for maintenance of the existing road and bridge. A resolution is presented! which would enable acquisition of this right-of-way either by means of negotiation or eminent domain procedures and establish the need for public use and other municipal purposes. FUNDING: No funding is necessary at this time. RECOMMENDATION: Approval of the resolution as presented. ! Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Route Map and Owner List H:\HOME~EUSEBIOG\GEN~Agenda Items\RincOn Diversion Project\Resolution to Condemn~Agenda Memorandum2.doc -129- BACKGROUND INFORMATION SUBJECT: Rincon .Bayou Dlver.si.o..n Pipeline (Project #8416) Resolution for ApqulsltIon of Easements PRIOR COUNCIL ACTION: FUTURE COUNCIL ACTION: 1. authorize contracts and Water Department's FY and; ee Exhibit B Council will be required to: ~xpenditure of funds for Environmental Studies from the '.003-04 adopted Operating Budget which exceed $25,000 2. approve amendments t? address future biological monitoring for the Rincon Diversion project and; 3. authorize the payment qf any upcoming Special Commissioners' Awards due to Eminent Domain proced~ures for the acquisition of right-of-way necessary for the completion of the diversion pipeline. OVERVIEW: Background: The City's overall strategy for long-term water supply includes the optimization of the existing freshwater resources contained in the Nueces River Basin comprised of Choke Canyon Dam and Lake Corpus Chdsti. In an effort to reduce freshwater releases, the City i0itiated a pilot program in 1994 which released treated effluent from the Allison Wastewater Treatment Plant into Nueces Bay. The City's second project, the Rincon Bayou DiVersion, enabled water flows through the Nueces River overflow channel into the upper Section of estuary called the Rincon Bayou. In the ongoing effort, biological and chemical eyaluations are presently being conducted by the University of Texas Marine Sciences Institute (UTMSI) that will document the effects of wastewater effluent and freshwater diverslons into the Rincon Bayou Delta and Nueces Bay. Presently, the City is working cldsely with the Texas Commission on Environmental Quality (TCEQ) on implementing an on-going monitoring and assessment program which will instill a management program for additional inflows into the Nueces Estuary. These additional inflows will be provided via the Rincon Bayou Diversion Pipeline, which will divert water from the upstream side of t~he saltwater dam located at Labonte Park, flowing northeastward into the Rincon Bayou. There is a current need for five waterline easements and one pumping plant surface easement for construction of this project. In addition, three access easements are needed which overlap the existing 60 foot wide water/road easement owned by the San F~atdcio Municipal Water District (SPMWD). The City will enter into a shared maintenance agreement under separate instrument with SPMWD for maintenance of the existing road and bridge. These easements are located west side of Interstate 37 as shown on the attached map marked Exhibit C. This resolution was previously presented to City Council on May 13, 2003 and was passed under Resolution No. 025283. A determination was made afterwards requiring the need -130- Exhibit A I Page 1 of 2 for the three permanent access easements. This resolution is similar in content to the first resolution except for the addition of the access easements. The access easements will extend across lands owned by Dr. Bryan Gulley (Parcel 1AE & 3AE) and by Koch Pipeline Co., LP (Parcel 2AE). Acquisition Status: A waterline easement has been acquired from Koch Pipeline Co. Finalization of the access easement from them will be determined upon conclusion of the road maintenance agreement with SPMWD. Negotiations have reached an impasse with Dr. Bryan Gulley. Condemnation proceedings will be initiated upon passing of this resolution. The City is currently in negotiations with the SPMWD for the maintenance agreement. \~CLSTRI _US ERS2_SERVER\US ERS2\HOM ExEUS EB I OO\GEN~genda itemskRincon Diversion Project~esolution to Condcrnn~Background2 .doc Exhibit A -131- Page 2 of 2 PRIOR COUNCIL ACTION 1. April, 1991 and April 1992. iApproval of participation with the Port Authority, Corpus Christi Board of Trade, and ~the Texas Water Development Board (including partial funding) in the Nueces Estu~ary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase 11 in April, 1992 ($79 000 of $258,000). ~ January, 1994. Approval o! the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332 November 19, 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of VVastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348). April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20-foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for constrUction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration PrOject. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98-398); L Exhibit B J Page 1 of 3 -132- b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSl) for Biological Monitoring of the Effects of Wastewater (M98-400). 10. September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99-337); b. in the amount of $85,7B4 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and c. in the amount of $93,4B4 with the University of Texas Marine Sciences Effluent Diversions on Pdmary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (LITMSI) for Biological Monitoring of the Effects of Wastewater (M99-339). 11. 12. 13. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000-360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000-361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent DiverSions on Pdmary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). March 13, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re-Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-106). -133- L Exhibit B ] Page 2 of 3 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in tile amount of $74,300 with Gallager Construction for the Rincon Diversion Project -- Nueces Overflow Channel (M2001-273). 15. October 23, 2001 - Motior~ authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001-402). 16. November 13,2001 - a. Motion authorizing the 3 to the contract for co amount of $71,170 roi Diversions in the Rinc( b. Motion authorizing the 3 to the contract for cc amount of $87,470 fo .~ity Manager, or his designee, to execute Amendment No. ~sulting services with the Center for Coastal Studies in the Ecological/Biological Monitoring of Treated Wastewater ~n Delta and Nueces Bay (M2001-421). 3ity Manager, or his designee, to execute Amendment No. nsulting services with the Conrad Blucher Institute in the On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-4~22). Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for (~nsulting services with the University of Texas Marine Sciences Institute in t~e amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001-423). 17. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project. (M2002-179) 18. November 19, 2002 - Motion authorizing the City Manager of his designee to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological services associated with the Rincon Bayou Diversion Project. (M2002-398) 19. May 13, 2003 - Resolution recognizing the public necessity of acquiring waterline, sur[ace site and construction easements for the Rincon Bayou Diversion Pipeline, Project # 8416, for a water pipeline and pumping station in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus ChriSti or its agents in acquiring the necessary easements. (Resolution No. 025283) H:\HOME\EUSEBIOG\GENV~genda Items\Rincon Diversion Project\Resolution to Condemn\Prior Council Action.doc I Exhibit B I Page 3 of 3 -134- City Co~ineil E'hibit Rincon Bayou Diversion Pipeline Depar~ent of Engineering ( ~oject ~8416) ~ ~solufion for Acoui~i0on of E~em~ts ~ope~ & L~d Aeq. Div. ~~ C ~ of C~ ~fi, Te~ P~ae 1 of 2 35- Rincon Bayoa Pipeline Diversion (Project #8416) Li t of Easement Parcels Parcel Owner i Parcel Size Parent Tract lA, 1AE R. Bryan Gulle¥, et al Parcel 1~: 1.092 ac. Waterline Easement Remainder of 3637.503 ac., Victoriano + 30ft. Temp. Construction Easement Tares & Pedro Villareal Survey, Abs. Parcel AE: 60 ft. wide Access Easement No. 32, San patricio County, Texas. Clerks File 483444 lB, 3AE R. Bryan Gulle¥, et al Parcel B: 1.514 ac. Waterline Easement Remainder of 3637.503 ac., Victoriano + 30ft.' ~emp. Construction Easement Tares & Pedro Villareal Survey, Abs. Parcel 3AE: 60 ft. wide Access Easement No. 32, San Patricio County, Texas. ~ Clerks File 483444 lC R. Bryan Gulley, et al .717 ac. Surface Site Easement Remainder of 3637.503 ac., Victoriano Tares & Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. ~ Clerks File 483444 2, 2AE Koch Pipeline Co., Parcel ill: . 170 ac. Waterline Easement 255 ac. Tract out of Victoriano Tares & LLP + 30ft. Temp. Construction Easement Pedro Villareal Survey, Abs. No. 32, Parcel 2AE: 60 ft. wide Access Easement San Patricio County, Texas. Clerks File 477738 3A Nature Conservancy .569 ac. Waterline Easement + 35fc Temp. 455 ac. Tract out of Victoriano Tares & or CBBEP Construction Easement on each side Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerk' 415239 3__~B Nature Conservancy 1.922 ac. Waterline Easement + 35ft. 455 ac. Tract out of Victoriano Tares &-' or CBBEP Temp. Construction Easement on each side Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 415239 \\CLSTR 1 _USERS2_SERVER\USERS2~HOME~USEBIOG\OEI~Agenda ltcms\Rineon Diversion ProjecfiResolution to Condenm~ExhibilC.Pag¢2 .doc -136- EXHIBIT C [ 20F2 AGENDA MEMORANDUM August19,2003 SUBJECT: Entrance Roadway- CClA AGENDA ITEM: Motion authorizing the City Maniager, or his designee, to execute Amendment No. 1~' in the amount of $39,400 with RME Engineering, Inc. for engineering services associated with Corpus Christi International Airport Entrance Roadway Overlay Project. ISSUE: The entrance roadway project is being revised to an overlay project that will allow funding for additional Airport Capital projects. FUNDING: Funds are available in the Airport and ~torm Water CIP Funds. RECOMMENDATION: Dave Hamrick Director of Aviation Approval of the motion as presented. / scobar, P.E. Director of Engineering Services Attachments: Exhibit A: Background Informa§on Exhibit B: Contract Summary Exhibit C: Map H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside\^AEam~rl l~'mo.doc BA~KGROUNDINFORMATION ADDITIONAL INFORMATIONi The project was originally envisioned to include the entrance road, loop roadway, Service roads, additional parking, improved lighting, and landscaping. During the designphase, events and available funding dictated that the scope be modified. The project was ~livided into phases with the loop roadway and parking lot nearing completion. The entrance roadway was to be bid as a stand alone project. The Entrance Roadway has b~een through a number of design permutations. It was originally envisioned to be an ~rban section, but without underground drainage. It was subsequently modified to include underground drainage. The list of potential future AviatiOn projects and possible economic development activity at Corpus Christi International Airport indicates a need to conserve Airport Capital Project funds. A review of pavement cc~ndition indicates the entrance road is a good candidate for a level up and overlay projectl if curb and gutters are eliminated. The elimination of underground drainage also provides substantial construction savings and permits the amount of landscaping to be increased. The construction cost estimate for the project with' underground drainage was $1i550,000. The City will be able to greatly increase the amount of landscaping and reduce cost, to proceed with an overlay project. The preliminary construction estimate for the project is $551,400 for paving, utilities, landscaping and electrical. Drainage will be provided by drainage swales alongside the roadway. The culvert under the entrance roadway drains the west side of the Airfield. That culvert will be increased to the ultimate design capacity wit~ Storm Water CIP proceeds. Enlargement of the storm culvert under the entrance road will cost approximately $177,500. CONTRACT AMENDMENT: ~ The contract provides for additional design services necessary to revise the entrance roadway plans. The duration of construction phase services is also being increased for the Parking Lot which is scheduled for compl.etion in September. A contract summary is attached. See Exhibit B. PRIOR COUNCIL ACTION: Prior CouncillAction: March 24, 1998 - Motion authorizing the City Manager to execute a contract in the amount of $129,000 with RusselI-Veteto Engineering, Inc. (M98-088), Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the 5-Year Capital Improvement Program for CClA, including the Terminal Reconstruction program (Res. 023426). ~. March 30, 1999 - Approval of recommen, ded Terminal Reconstruction and Landside Development concept at CCIA (M9~089). July 20, 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No. 7 & 10). November 30, 1999 - Motion al~proving Amendment No. 2 with RVE, Inc. in the amount of $385 000 for engineering services associated with the roadway/parking lot improvements (M99-414). December 18, 2001 - ApprovJ~l of the roadway/parking lot design for Corpus Christi International Airport (M2p01-482). January 15, 2002 - Adoption qf the Capital Budget (Ord. 024730), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No. 4 & 5). January 29, 2002 - Motion approving Amendment No. 6 with RVE, Inc. in the amount of $146,150 for engineering services associated with revisions of construction documents for the roadway/parking lot improvements to address FAA security regulations (M2002-037). July 9, 2002 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $6,541,301.99 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase I (M2002-199). October 8, 2002 - Motion authorizing the,City Manager to execute Amendment No. 1 to the contract for construction materials testing, laboratory and inspection in the amount of $40,062 with PSI. (M2002-338). December 12, 2002 ~ Motion approving Amendment No. 8 with RVE, Inc. in the amount of $165,665 for engineering serviceS associated with revisions of construction documents for covered parking lot. improvements and to provide underground drainage (M2002-414). , Prior Administrative Action: ~, June 28, 1998 - Approval of Amendment No. 1 to the contract with RusselI-Veteto Engineering, Inc. to reduce construction phase services and the authorized contract fee by $5,400 for a new total of $123,600. February 9, 2000 -Approval of contract witl3 Professional services Industries, Inc. (PSI) in the amount of $13,185 for geotechnical engineering and testing. May 2, 2000 - Approval of Amendment Nq. 1 to the contract with Professional services Industries, Inc. (PSI) in the am0uot of $959 for geotechnical engineering and testing. . , ~.~ October 27, 2000 - Approval of Amendme~ No. 3 with RVE, Inc. in the amount of $6,965 for investigation of additional parking lot lighting. December 29, 2000 - Approval of Amend,ment No. 4 with RVE, Inc. in the amount of $14,990 for revision of the construction phasing plan. January 17, 2002 - Approval of Amendment No. 5 with RVE, Inc. in the amount of $24,177.62 for preparation of conceR~ual alternatives and presentation materials to address revised FAA security requirements. Au.qust 20, 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000.00 for preparation of conceptual layouts of the covered parking lot and underground drainage for the entran.ce road. Au.qust 28, 2002 - Approval of a Contract,with PSI in the amount of $21,270 for ^ 1 H:\HOME\KEVINS\GEN~AIR\981MPRVN~andsi~e\ Al:amd1 lbk~.X41~k'~doc EXHIBIT A Page 2 of 3 construction materials, laboratory January 29, 2003 - Motion app $23,500 for redesign of plan) for Runways 13,31 April 22, 2003 - Motion approv $1,800 for redesign I~ accommodate placemen FUTURE COUNCIL ACTION: · Award of change orders ti' modifications; inspection and testing services. oving Amendment No. 9 with RVE, Inc. in the amount of laving sections and end drainage modifications (grading and 35. , ng Amendr~ent No. 10 with RVE, Inc. in the amount of ndscape area on the east side of the terminal to t of a fountai.n/sculpture including walkway and sitting area. 3ouncil wilk be requested to act on the following items: at may be:necessary to accommodate the parking lot Award of construction contract for covered parking; Award of a change order fo! the entrance road; and Award of a contract for engineering inspection, laboratory and materials testing services. FUNDING: Funding is available from the Aviation and Storm Water Capital Improvement Funds. ~ RECOMMENDATION: Approval of the motion as presented. -4- H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside\^AEa rnd 11 bk ~..~h2,~.doc CONTRACT SUMMARY AMENDMENT No. 11 The Contract is amended to: · Increase the duration of construction phase services for the Roadway and Parking Lot Improvements; and · Provide engineering services for the oveday of intemational Drive - Airport Entry Section. Section II. Scope of Services is amended by the addition of Additional Services G.14 to read as follows: Additional Services 14. International Ddve -Airport Entry Section a. The Engineer will prepare Construction Documents to permit the issuance of a change order for the level up and oveday of the entrance section of Intemational Ddve. Pavement improvements will be limited to a concrete ribbon curb, pavement patching and overlay~ The Engineer Will revise and provide plan sheet that: · eliminate underground drainage; · eliminate the median fill; provide additional fill to the east and west, with the west side farmland partially screened.; · upgrades the pdmary box culvert under Intemational Ddve to the ultimate drainage design; · leaves vegetation and trees in place to the maximum extent possible with some being relocated to form plant clusters. a. The Engineer will provide Bid Phase services per Section II.A.3. b. The Engineer will provide Construction Phase Services per Section ll.B. c. The Engineer will provide Post Construction Phase Services Per Section II.C. FEES AUTHORIZED The City will pay the Engineer an ~dditional not to exceed fee of $39,400.00 for Amendment 11 services. The revised total not to exceed fee is restated as $1,007,882.62. This fee will be full and total compensation for all services provided and expenses incurred (with the exception of out of town travel, per-diem and air express charges) in performing the tasks specified as basic, construction, and post-construction phase services specified in Section I1. -t43- Exhibit B Page 1 of 1 File : \Mproject\councilexhibits\exh1071LOC.( wg Son Potricio County N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATZON MAP NOT TO SCALE CESAR CHAVEZ BLVD. HWY' 44 AGNES RD. AIRPORT ENTRANCE ''-- , U ..... PAFV'(/NG N COMM/:!RCfA~ APF?(.)N TAXI WA YS NUN;.'V/, ¥'3: CZTY PROJECT No. PN-1071 SITE PLAN NOT TO SCALE EXHIBIT "C" ENTRANCE ROADWAY - CCZA FAA AlP $-48-0051-28-00 CITY OF CORPUS CHRIS~, TEXAS -'~44- CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SERVICES PAGE: I o1:1 DATE: 07-30-2003 ,GENDA MEMORANDUM August 19, 2003 SUBJECT: Corpus Chdsti International Airport Terminal Construction - Project No. 1071 AGENDA ITEM: Motion authorizing the City Managf~r, or his designee, to execute Amendment No. 5 in an amount not to exceed $138,100.00 with Anderson Group Construction Management, Inc., of Corpus Chdsti to assume project management duties for the Corpus Chdsti International Airport Terminal Project through December 2003. ISSUE: Full time project management is r~o longer required for the project, but additional inspection for project closeout is required through December 2003. This can be most economically achieved through a contract amendment with AGCM. FUNDING: Funding is available iin the Airport Capital Projects Fund RECOMMENDATION: Approval of the Motion as presented. t' Dave ~a'~ck''~'"['''''-' ' ~c~ ~. g~l R: Escobar, P. E. Director of Aviation Director of Engineering Services ADDITIONAL SUPPORT MATERI~AL Exhibit A. Background InformatiOn Exhibit B. Exhibit C. Exhibit D. Prior Council Actions Contract Summary Site Map H:~-IOME-'~EViNS\GEN~AIR~IEWTERt./AAGCM\CMAmd5Memo.doc -147- BACKGROUND INFORMATION ADDITIONAL INFORMATION Project Management: Projec~ DMJM Aviation. As the projE staffing does not meet the nec project manager and two full tip inspection support is required not warranted. it appears that a half time proj the required duties. An insl: December 2003 is also neede( organization as their key proj Construction Management Gr( made available twenty (20) h( management and coordination has been performed by ct is nearing completion, review indicates that DMJM's ds of the project. DMJM's staffing consists of a full time ne clerical support positions. Additional amhitectural and luring project closeout, and a full time project manager is sct manager and one full time clerical position can fulfill ector to assist during the months of October through I. DMJM Aviation will have difficulty meeting this staffing ;ct manager requires full time employment. Anderson ,up (AGCM) has a Senior Project Manager that can be ,urs per week. They will also hire one cledcal support person formerly employed by I~MJM Aviation. This will provide continuity as AGCM is familiar with all the projects neldng completion. AGCM has performed project management, project liaison, and inspection services for Corpus Christi International Airport (CClA) since November 2000. They are actively managing the Terminal Apron !Project - Phase 2, Entrance Roadway Reconstruction - Phase 1, the Parking Lot Improvement and Expansion Project, and Terminal Project. The contract for project management, project liaison, and inspection services needs to be met through December 200;~. This amendment will allow them to assume the duties of project management for the projects on a half-time basis, and manage the build-out of the new portion of the terminal for the Transportation Security Administration (TSA) lease and the Federal Inspection Station (FIS) to allow for international flights. The original contract provided 20 hours of .inspection services for 24 months for the Terminal Building. In October 2001, Ame;ndment No. 3 provided for full time services with additional support personnel due to the importance and complexity of the multiple projects under construction. Additional projects included Terminal Apron Construction Phase 1, Terminal Apron Construction Phase 2, Loop Roadway, and Parking Lot Improvements. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS~ Approval of any change orders in excess of $25,000 that may be necessary during the project. FUNDING: Funding is available in the Airport Capital Projects Fund. -148- Exhibit A Page I of 2 1 / BOARD/COMMITTEE REVIEW: The contract amendment for construction management, project liaison and inspection services were reviewed by the Airport Advisory Board. The Board recommends approval of the amendment. Exhibit A Page 2 of 2 -i49- PRIOR COUNCIL ACTIONS Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 -Approval of1 recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motio architectural/engineering ser $2,225,000 for the CClA Terr July 20, 1999 - Adoption of Airport Project No. 1, Termi Construction, and WastewatE 1 to authorize City Manager to execute a contract for rices with M. Arthur Gensler Jr. and Associates in the amount of linal Building. (M99-105) :Y99-00 Capital Budget and 2000-2004 CIP Guide which included ~al Building Reconstruction, Airport Project No. 2, Terminal Apron Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to-authorize City Manager to execute Amendment No. 1 to the architectura/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related tq the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion ~o authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related lo the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi international Airport. (M2000-153) Auqust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. 11. 12. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the foi' the Corpbs Christi International Airport Terminal Construction project (M2000-412). November 21, 2000 ~ MotiOn authorizing: the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminali Construction project. (M2000-413). November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminali Construction project. (M2000-292) 13. 14. H :\H O M~KEVI N S\G EI'AAIR~N EWT E RIVAAGC~I\C MAre d 5Awd~i§~'~c April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under opeh cohcourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fuiton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). ~ Page 1 of 5 15. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering servibes contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). 16. September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address sys~tem, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). 17. 18. October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). 19. October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi Intemational Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/C0astcon in the amount of $23,490.93 for the Corpus Chrisb Internat~ona A'rport Term'nal Cor~struct'on project. (M2001-401). 20. April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the CorpUs Christi International Airport Terminal Construction project (M2002-102). 21. May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi nternai?)h'al Airport Terminal Construction project. (M2002- 132). 22. June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). 23. May 27, 2003 - Motion authorizing the City Manager to execute Change Order No. 45 (concrete and structural steel for retail and Transportation Security Administration lease areas and exterior finish system for Air Cargo Building).with Fulton/Coastcen in the amount not to exceed $425,410.87 for the Corpus Christi Int(~rna'~ional Airport Terminal Construction project. (M2003- 198). 24. June 24, 2003 - Motion authorizing the Ci{y Manager or his designee, to execute Amendment No. 4 with AGCM in the amount of $165,400 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2003-219). PRI~R ADMINISTRATIV,E ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. H:,HOUE~KEVINS\GEN~AIR~IEWTERM~AGCM~CMAmdSAwd-I~I-P~.~oc Page 2 of 5 2. January 22. 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Cha~ge Order No, 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of cOnduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Anhendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & !erminal apron projects. (separate project) 6. February 16, 2001 - Award of C ange Order Nol 5 in'the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. 7. March 19, 2001 - Award of Chaqge Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removai, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Ameadment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional eScalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amel~dment N0. 1 iL the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Chang~e Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security ala.r~ms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) everhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order Ng. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of'single wall air handlers. -152- H:\HOME~KEVINS~GEN~AIR~ EWTERM~AGClv~CMAmd5AwdPrior.doc 16. June 21, 2001 - May 22, 2001 , Award of C~hange Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for fa-route of gas and water mains and addition of lithium bromide filters for chillers. ? 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transfo?ners in lieu of aluminum wound transformers and additional fill matedal. " 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). Page 3 of 5 / 20. Au,qust 22, 2001 - Award of Chan~e Order No..18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of CHange Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet !bridge power room, and baggage service office/addifional operation space for Continental Express. 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal BuildingMain canopy. 27. October 31, 2001 - Award of Change Order Nb. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 29. Dece,ber 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for secudty modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterioi: baggage ~operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 34. May 15, 2002 - Award of Change Order No. 33'in the amount of $24,871.93 to Fulten/Coastcan for mechanical and structural modifications. 35. May 291 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coasteon for various minor enhancements (caq~et, voice/data circuits, door pulls, security modifications, etc.). H:\HOME~EViNS\GEN~AiR\NEWTERM~,GCM\CMAmd5Awd~noSr.3d_~c Page 4 of 5 37. Auqust 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Cl~ange Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modificationS, lock sets, PA service, etc. 40. November 5, 2002 - Award of Ci' for electrical modifications, adver 41. February 6, 2003 - Award of Ch; for food court ceiling and relocati~ ange Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon ising modifications, rent car telephones, and window blinds. ~nge Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon ~n of visitor information desk. 42. February 17, 2003 - Award of Cl~ange Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City!requested advanced delivery and additional security costs. 43. February 28, 2003 - Award of CHange Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alaS'm, and HVAC modifications. 44. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholesi under additional retail space, new gate operator support, conduit to new checkpoint location. 45. April 4, 2003 ~ Award of Change Order No. 45in the amount of $24,919.61 to Fulton/Coastcon for structural variance support in odd ATO lobby, fire alarm monitoring modules in jet bridges, data equipment room HVAC modifications, western power feed to jet bridge power center. 46. April 30, 2003 - Award of Chang~e Order No. 47 in the amount of $23,393.37 to Fulton/Coastcon for painting exterior brick on remainihg old Terminal, revision of door hardware, exterior operators on fire doors, relocation of fire hydrant, rnufids for opti~al network, power for vending, retail and check point lights, and additional of regulator and vent pipe to boiler room. 47. June 27, 2003 - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton/Coastcon for painting type S light fixtures, add four fire alarm speakers in baggage area, install backflow preventer for Gate 2, photocell operators fbr type M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV camera #1, expansion tank for Chiller CH-l, and revise doors for emergency SW Airlines ticketing location. 48. July 7, 2003 - Award of Change Order No. 49 in the ~amount of $23,562.00 to Fulton/Coastcon for "Hayden W. Head" sign. -154- H:\HOME~KEViNS\GEN~AIR~I~/~q'ERM~GCM~CM.~md5AwdP~0r.doc : Page 5 of 5 CONTRACT SUMMARY Section II. SCOPE OF SERVICES is revised to read: II. SCOPE OF SERVICES The AGCM hereby agrees to perform project liaison and inspection services construction project with other Airport may be requested or required. Specific include the Landside Roadway Systen Project, Terminal Apron Project - Phs services is as follows: ,reject management, project coordination, construction management, ,utlined below for the terminal construction and coordinate the terminal ;apital Improv6ment Projects, and provide such project assistance as projects for which project coordination and assistance will be required ~- Entrance Road Reconstruction Project, Parking Lot Improvements se 1, and Terminal Apron Project. The summary of these tasks and BASIC SERVICES: AGCM will complete the following services as part of Basic Services: A. PROJECT MANAGEMENT/LIAISON/INSPECTION: 1. Level of Effort - AG(~t will provide one (1) professional engineer to function as senior construction manage~ for approximately twenty (20) hours per week for the duration of the project. The residentiprofessional engineer will be supplemented by an additional full-time administrative secretary that will be assigned to the Terminal Building. AGCM will provide an inspector for to aSSist during project closeout. A professional engineer senior project manager will be avail;~ble on a full time basis for five weeks. The assignment, duration and use of personnel maybe ~aried based on project needs. The level of staffing will vary during the project, and it is not intended that all personnel be at the project site for the entire project duration. Project management/constr~ction//liaison/inspection services beyond December 31,2003 which require expenditures, in excess the authorized fee will be provided as directed by the City Engineer and be authorized in writing as separate amendment to this contract. AGCM will have responsibility for as~signment, scheduling and staffing of its personnel. AGCM may vary the assignment of Its staff based on personnel availability and the contractors work schedule. It is m~tually recognized that the number of hours of service provided each week will vary with th'e requirements of the construction project. Direction - AGCM wil~ work under the direction of the City Engineer while providing the construction managementJliaison/inspection services under this contract. AGCM will work cooperatively with thf~ Director of Aviation in assisting with the timely and successful cOmpletion of the proj)ect. ~ Permits, Insurance an):l Labor Affidavits - AGCM will monitor the progress of the contractor(s) in securing requ red building permits, insurance, and labor affidavits. Contractor Constructmn Schedu es -' AGCM w II rev ew and famTar'ze 'tself w'th the deta led construction schedule,of the contrac!.¢r,and sub-contractors and maintain a Master Schedule. Contract Administration, Construction Phase Procedures, and Scope of Services - AGCM wi ass st the City Engtneer and Dire.qtor of Aviation, in accordance with City policies and FAA requirements, with coordination and ~;ommunication among the City, design professional(s), and contractor(s) and other appropilate parties in accordance with the City's objectives of time, quality, and cosls. Construction Site Meetings - AGcM ~ill attend weekly construction site meetings with the contractor and Director of Aviation. ' Coordination of Other thdependent Consultants - AGCM will coordinate technical inspection and testing, including field testing, pr?dod by design professional(s), or other third parties retained by City. ~ ~ Removal of Asbesto¢ or any other Hazardous Material - The AGCM will only provide assistance in coordinating removal work, if any, with other ongoing activities. The AGCM will not be responsible for performing; any asbestos or hazardous material administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. AGCM will not be responsible for any failure of contractor(s), sub-contractors, design professionals, asbestos/hazardous material firms, or other third parties to adhere to any regulatory requirements. (~; Progress Payments - AGCM wil i'~ake observations at the site and upon applications for payment by contractor(s); which will include certified payrolls, AGCM will review the payment request for accuracy and progress o[ the work and forward its recommendations concerning payment to the City Engineer or his:designee. :., Exhibit C -:~ Page 1 of 3 -t~55- 11. 12. 13. 14. Monthly Job ProgresS Report - AGCM will prepare a daily inspection report and a monthly progress report for sqbmission to the Director of Aviation, in writing, on the status of job site progress. A copy of I~he report will be forwarded to the City Engineer, or his designee, and the project manager. Included in the reports will be AGCM's review of contractor's progress payment requests, a ftatus report on all incomplete change orders, and an evaluation of the Program Master Schedule. The report will also discuss any disputes, conflicts, or claims relating to the project. The report will also note any actual or anticipated departures from the most recent prior City-approved schedule of work. Change Order ContrOl - AGCM will negotiate, recommend and prepare change order(s) for consideration by the, Shop Drawings - A( drawings for use dur drawings, catalog cu' submitted by contra technical review an~ inspections and rele~ Force Account - Wit professional(s), in in., work, AGCM will mair and time extension n professional(s) or professional's sole ri commencement of w Claims - When reque any construction clair PROJECT CLOSEO~ Punchlist - AGCM wil or defective work (pu Record Documents - the transmittal of rec~ Occupancy Permit - Administration of Tes and coordinating coordination and per~ Final Payment - AGC make a preliminary fil .~ity Engineer. iCM will track, maintain and familiarize itself with approved shop ng inspedtions. Shop drawings, as used here, will include vendor's s, manufacturer's literature, samples, mock-ups and other materials :for(s). Design professional(s) will be the responsible parties for I approval or,shop drawings including, where appropriate, shop scs. ~ regard to actual or claimed extra work by contractor(s) or design tances where a change order cannot be obtained prior to the start of ain force account records on a daily basis to determine the actual cost .quired for the extra work. Commencement of work by either design )ntractor(s) will be at the respective contractor's and/or design ~k. AGCM wilt not be responsible for authorizing or approving such )rk. ~ted, AGCM will assist the project manager with review the contents of submitted. ~ JT: '~ assist design.,prefessional(s) in the preparation of a list of incomplete lchlist) prior to final acceptance of the project. ~,GCM will cooYdinate record documents preparation and will expedite ~rd document~ to City. ~GCM will ass]st City in obtaining any occupancy permits. :lng and 8tart-up ~ AGCM will assist City in adminiatedng, supervisin.g, nat,edals and equipment tearing, and will asaiat City ae necessary ~n ormance of start-up operations. m will, at the ¢ooclusion of corrective action of all punchlist items, to Jal inspection (~f the facilities and prepare a preliminary final inspection report for the design rofess ona (s). The design professional(s) will review and approve this report after they inspect the facilities involved. Section II1. ORDER OF SERVICES is revised to read: Ill. ORDER OF SERVICES The AGCM agrees to begin work upoq authorization~°{the City Council for the City Manager or his designee to execute the contract. The anticipated duration of.services is extended to December 31,2003. Section IV. FEE is revised to read: IV. FEE ~ Summar, of Authorized Fees~. Original Contract Task No. Description t~:,' Fee II.A-F Basic S~rvides & Special Services $191,400 II.G Expenses $5,000 il Original Contract $195,400 Amendment No. I Exhibit C Page 2 of 3 -156- I Basic Services & Special Services $15,000 II.A-F Amendment No. 1 $15,000 Amendment No. 2 I Basic Services & SPecial Services $15,000 II.A-E ; Amendment No. 2 $15,000 Amendment No. 3 II.A-E Basic Services & Special Services $588,000 II.F Expense? . $10,500 Amendment No. 3 $598,500 Amendment No. 4 I1. A-E I Basic Services & Special Services $165,400 Amendment No. 4 $165,400 Amendment No. 5 II. A-E Basic & ~pecial Services $137,355 II. F Expenses $745 $138,100 Total Fee $1,128,400 All other terms and conditions of the November 21,2000 contract between the City and AGCM, and of any amendments to that contract, which a~e not specifically addressed herein shall remain in full force and effect. -157- Exhibit C Page 3 of 3 File : \Mprojecf\councilexhibits\exh1071.dw LOCATION MAP NOT TO SCALE PARKING ~NDING ~ ~NDING APRON APRON PROEEOT SZTE NOT TO SCALE CZTY PROdEOT No. 1071 EX~ZBZT CORPUS C~RZSTZ ZNTERNATZONAL AZRPORT CZTY COUNCZL EXHZBZT TERMINAL CONSTRUCTION PROG~ 2000 DEPARTME~ OF ENGINEERING SER.CES PAGE: 1 of 1 F~ AlP 3-48-0051-28-00 -158- CI~ OF CORPUS CHRIS~, TE~S DATE: 07-30-2003 CITY COUNCIL AGENDA MEMORANDUM August 19, 2003 SUBJECT: Acquisition of .P~rcel 8E International Air@orr Expansion (#1023) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Berry Contracting, Inc. in the amount of $59,200 plus $1,100 in closing costs, for the purchase of fee simple property rights for Parcel 8E, being 15.849 acres out of Abstract No. 986, John H. Gallagher Land, located south of the Corpus Christi International! Airport (CClA) between County Roads 2292 and 763 in connection with the InternatiOnal Airport Expansion Project (#1023) and for other municipal purposes. ISSUE: In June 1990, a Master Plan was approved by City Council which proposed acquisition of lands for the expansion of the Corpus Christi International Airport (CCIA). Three tracts of land have been identified and selected for current acquisition. Land acquisition staff has finalized negotiations with the landowners for Parcel 8E. A real estate sales contract for the value of $59,200 has been executed by the landowners. Approval of the contract is now required by the City Council and execution by the City Manager or his designee. REQUIRED COUNCIL ACTION: City Council approval is required exceeding $25,000. for land acquisition contracts and expenditures FUNDING: Aviation 550701-3020B-00000-100030 CONCLUSION AND RECOMM~ENDATION: Approval of the motion as presented. ~scobar, p~. E.~ Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Parcel Location Map Future Airport Boundary Map Information Summary Contract Summary H:\HOME~EUSEBIOG\GEN~Agenda Items\CClA Expansion.Berry~Agenda Memorandum.doc -161- BACKGROUND INFORMATION August 19, 2003 SUBJECT: International Ai~ PRIOR COUNCIL ACTION: 1. October 1977 - Authori and 5 located north 346.082 acres. February 1979 - Author containing 135.294 a, approved acreage. July 1979 - Authorized south of Highway 44 c( 7. 8. 9. 10. 11. 12. 13. Acquisition of Plarcel 8E port Expansion Project (#1023) _~ed acquisition, at the approved values, of Parcels 2, 3, 4 ¢lcGIoin Road and east of Bockholt Road, containing zed acquisition of Parcel 2 located east of Bockholt Road :res, an increase of 77.548 acres over the odginal acquisition of Parcel 1 located east of Bockholt Road and ,ntaining 116.871 acres and appropriated $126,493.90 to supplement a prior app~'opriation. September 1979 - Au horized acquisition of 4.576 acres for the Runway 31 Approach Lighting Syst .~m. November 1986 - Autt 3rized acquisition of Parcel 14c-d located south of Bear Lane and east of Joe Vlireur Road containing 199.586 acres and appropriated $907,350 from the Airp()rt Bond Fund. June 1990 - Ordinance adopting CCIA Master Plan. October 31, 1995 - AdOption of the FY95-96 Capital Budget and Recommended 1996-2000 Capital Improvement Planning Guide, amended December 12, 1996. June 18, 1996 - AuthOrized acquisition of Parcels 8b, 8c, 15a, 15b and 15c located on FM-763 (Joe Mireur Road) containing 140.915 acres. December 15, 1998 -Authorized acquisition of Parcel No. 8-D1 located on FM- 763 (Joe Mireur Road) for the Airport Land Acquisition project. July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 3, Land Acquisition and Airport Project No. 22, Land Acquisition (Part 1!50 Study). September 28, 1999 - Ordinance adopting the CCIA Master Plan Update, Draft Part 150 Noise Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal Terminal Development Study. January 25, 2000 - Motion authorizing the acquisition of Parcel 16b, located east of FM 763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane for $211,338 in connection with the Corpus Christi International Airport Land Acquisition Project. March 25, 2003 - Resolution authorizing eminent domain proceedings to acquire three tracts of land for the International Airport Expansion project. (Resolution No. 025250) -162- Exhibit A Page 1 of 2 14. July 22, 2003 - Motion authorizing the acquisition of Parcel 8A, located south of the Corpus Chdsti International Airport between County Roads 2292 and 763 in connection with the Inte~'national Airport Expansion Project (#1023) and for other municipal purposes. (MOtion #M2003-261 ) FUTURE COUNCIL ACTION: 1. Authorize the acquisitior~ of parcels whose cost exceeds $25,000; and 2. authorize the paymertt of any Special Commissioners' Awards condemnation of any required 3arcels. for the OVERVIEW: In June 1990, ~the original Master Plan was approved by City Council which established boundaries for the airport's expansion and long term needs. On September 28, 1999, City Council adopted the CCIA Master Plan Update, which expanded the previous airport development plan to its ultimate capacity and addressed both existing and future land uses around the airport. Approximately 425 acres located south and east of the existing airport boundary were recommended for near-term acquisition. This area would be exposed to high noise levels and would be needed as a buffer zone. Following acquisition, it was recommended that these areas remain as open space or be developed with land uses compatible with aircraft noise exposure. City Council approved the draft FAR Part 150 Noise Compatibility Study for submittal to Federal Aviation Administration (FAA) for their approval on September 21, 1999. Current plans call for the acquisition of three tracts of land labeled as 8A, 8D-2, and 8E. A map marked "Exhibit B" shows the location of the tracts. In addition, a map marked "Exhibit C" shows the location of these tracts in relation to the outer boundary of the updated Airport Master Plan. Pamel 8E will be utilized for drainage purposes. Land Acquisition staff has made offers to all the landowners based on appraised values. Negotiations with the landowners for Parcel 8E have been finalized. A real estate sales contract for the appraised value of $59,200 has been executed by the landowners. The City will acquire fee simple rights to 15.849 acres of land, excluding any mineral rights. Upon approval by the City Council and execution by the City Manager or his designee, the contract will be escrowed at San Jacinto Title Company. \\CLSTRI_USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Items\CCIA Expansion. Berry\Background Info.doc -163- Exhibit A [ Page 2 of 2 N PEND~N~ ACQUIS~7 ~,,,. iCORPUS CHRISTI NTERNATIONAL 8D-2 CITY PROJECT No.1023 VICINITY MAP NOT TO SCALE INTERNATIONAL AIRPORT EXPANSION PARCEL 8E -164- CITY OF CORPUS CHRISTI, TEXAS SUBJECT PARCEL EXHIBIT B CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 07-29-2003 CITY OF CORPUS CHRISTI CORPUS CHRISTI INTERNATIONAL AIRPORT FUTURE ~ND ACQUISITION CORPUS CHRISTI, ~EXAS -165- EX~BIT C IN!FORMATION SUMMARY InternatiOnal Airport Expansion (#1023) Owner: Parcel 8E Berry Contracting, Inc. Location: South of the International Airport between County Roads 2292 and 763 Zoning: Outside th~ City limits (OCL). Size: 15.849 acres Platted: No NCAD Value: $164,500 or $850/acre (2002), ag use Appraiser: Thomas F. Dorsey, MAI Appraised Value: $1,500 per acre Total Just Compensation: $23,774 based on appraisal Neqotiations: City staff negotiated with the landowners concurrently for the purchase of a Utility Easement for the Southside Water Transmission Main, Phase 2 (Parcel 6) as well as a 15.849 acre drainage ditch tract (Parcel 8E) for airport purposes. The appraised values of $23,774 for Parcel 8E and $15,800 for Parcel 6 were offered to the owners. The owners responded with a counter-offer of $450,000 based on the loss of value of the sand and fill dirt located within the combined areas. The landowner is in the road construction business and stated that this property was used for mining of road materials. After extensive negotiations, an administrative settlement of $59,200 was agreed upon for the fee simple rights to the 15.849 acres. As a condition of settlement, the owners accepted the appraised value of $15,800 for l~he Utility Easement. It is in the best interest of the City to accept this administrative settlement in lieu of condemnation. The City will retain use of all fill dirt excavated from the drainage ditch and utility easement that could be used for other municipal projects. As per the request of the landowner, this sales contract will be escrowed at San Jacinto Title Services. H:\HOME\EUSEBIOG\GEN~Agenda Items\CClA Expansion. Berry\lnformaUon Summary.doc -166- EXHIBIT D CONTRACT SUMMARY Project #1023: International Airport Expansion Parcel 8E This Contract is entered into by Berry Contracting, Inc., of 1414 Corn Products Road, Corpus Christi, Nueces County, Texas 78469, "SELLER", Collectively, and the City of Corpus Christi, a Texas home rule muni,c, ipal cor,,poration, P.O. Box 9277, Corpus Christi, Nueces County Texas 78469-9277, BUYER Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the !following described property: 15.849 acres of land out of Abstract No. 986, John H. Gallagher Land 2. Purchase Price - $59,200 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at BUyer's expense, a good and sufficient Special Warranty Deed. All taxes to be paid by Seller, up to and including 2002. Taxes for 2003 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning :and regulatory ordinances. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 35 days of receipt from Seller. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. The sale of the property shall mean and include the Surface Estate Only, and shall not include any interest in the mineral estate. -167- [ EXHIBIT E ] CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 19, 2003 AGENDA ITEM: A. Resolution authorizing the City Maqager or designee to accept Federal Aviation Administration Entitlement Grant, No. 3-48-0051-035-2003, for the amount of $1,538,373 for terminal improvements and rehabilitation of Runway 13-31. = B. Ordinance appropriating $1,538,37~3 from the Federal Aviation Administration Entitlement Grant, No. 3-48-0051-035-2003, into Airport CIP Fund 3020, for terminal improvements and rehabilitation of Runway 13-31; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373; and declaring an emergency. ISSUE: The Federal Aviation Administration (FAA) issued a grant offer to the City on August 7, 2003 for entitlement funding under the Airport Improvement Program to fund further Terminal Improvements and for the Rehabilitation Design of Runway 13-31. The'FAA Grant offer must be accepted within 30 days or the offer is no longer valid. Accepting and appropriating the grant is needed in order to expedite its processing. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: Council has taken numerous actions associated with this project. FUNDING: N/A CONCLUSION AND RECOMMENDA~I'ION: Staff recommends approval of the ReSolution and Ordinance as presented. Dep~'~-ment Head Signature Attachments: Exhibit A: Background -171 - BACKGROUND INFORMATION As pad of the funding mechanism for ~he Terminal Reconstruction Project and other Council approved CIP projects, the Federal Aviation Adt~inistration (FAA) is continuing to offer multi-year grants. The FAA has offered Grant #35 in the~ amount of $1,538,373. The usuage of this grant is an integral part of the Council approved financial plan for the funding of the Terminal Reconstruction Project. The deterioration of Runway 13-31 requires that the Airport begin the rehabilitation process. A portion of this grant will be used for the geotechnical and engineering design required to bid the project. -172- RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT FEDERAL AVIATION ADMINISTRATION ENTITLEMENT GRANT NO. 3-48-0051-035-2003 FOR THE AMOUNT OF $'1,538,373 FOR TERMINAL IMPROVEMENTS AND REHABILITATION OF RUNWAY '13-3'1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept Federal Aviation Administration Entitlement Grant No. 3-48-0051-035-2003 for the amount of $1,538,373 for terminal improvements and rehabilitation of Runway 13- 31. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 14, 2003 Lisa Aguilar ~' Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor -173- ORDINANCE APPROPRIATING $1,~538,373 FROM THE FEDERAL AVIATION ADMINISTRATION EN~I'ITLEMENT GRANT NO. 3-48-0051-035-2003 INTO AIRPORT ClP EUND 3020 FOR T~E. RMINAL IMPROVEMENTS AND REHABILITATION OF RUNWAY 13-3t, AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRI~ATIONS BY $1,538,373; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,538,373 is appropriated from the Federal Administration Entitlement Grant No, 3-48-0051-035-2003 into Airport ClP Fund 3020 for terminal improvements and rehabilitation of Runway 13-31. SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended to increase approp~riations by $1,538,373. SECTION 3. That upon writteq 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 meet~ings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ., 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: August 14, 2003 Lisa Aguilar ~) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayer -174- 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 19, 2003 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to amend Federal Aviation Administration Entitlement Grant, No. 3-48-0051-34-~)2, for the amount of $1,538,373 for terminal improvements; Phase II and to improve the Airport Di'ainage, Phase III. B. Ordinance appropriating $1,538,353 from the Federal Aviation Administration Entitlement Grant, No. 3-48-0051-34-02, into Airport CIP Fund 3020, for terminal improvements; Phase II and Airpod Drainage, Phase III; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriation by $1,538,373; and declaring an emergency ISSUE: The Federal Aviation Administration (FAA) issued Amendment No. 1 for Grant #3-48-0051-34-02 to the City on July 21, 2003 for additional entitlement funding under the Airport Improvement Program to fund further Terminal Improvements, Phase II and to improve the Airport Drainage, Phase II1. Accepting and appropriating this amendment is needed in order to expedite its processing. REQUIRED COUNCIL ACTION: ~,11 Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: Council has taken numerous actions associated with this project. FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board reviewed the ResolUtion and Ordinance on August 13, 2003 and recommended approval. Staff recommends approval of the Resolution and Ordinance as presented. Department Head Signature Attachments: Exhibit A: Background -177- BACKGROUNDINFORMATION As pad of the funding mechanism for lhe Terminal Reconstruction Project and other Council approved CIP projects, the Federal Aviation Administration (FAA) is continuing to offer multi-year grants. / The FAA has offered Amendment Not1 to Grant #34 in the amount of $1,538,373. The usage of this grant is an integral pad of the Council approved financial plan for the funding of the Terminal Reconstruction Project. -178- us l:~xm~t of Transpodalion Admini$~flon July 21, 2003 Southwesl Region Arkansas. Louisiana, New Mexico. Oklahoma, Texas Fort Worth, Texas 76193-0000 The Honorable Lloyd Neal Mayor of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear: Mayor Neal: Corpus Christi International Airport AIP Project No. 3484)051-34-02 Letter Amendment No. 01 This lettc~ transmits the Federal Aviati(m Administration (FAA) current fiscal year 2003 statement of the maximum obligation for the multi-year grant agreement for Project No. 348-0051-34-02. The above-captioned grant agreement c[~mmits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States, as authorized by Section 47108(a) of the Act, as amended. The maximum obligaltion is increased by $1,538,373.00 (f~om $3,681,088.00 to $5,219,461.00) to include the current fiscal year (FY-2003) obligation of the multi-year grant agreement for the subject project. Under the terms of the grant agreement procedures, this document is incorporated into and constitutes Amendment No. 01, to the above referenced grant agreement. All other terms and conditions of the grant agreement remain in full force and effect. If you have any questions about the applicability of this provision, please contact me directly at 817~222-5650. Sincerely, Manager, Texas Airports Development Office cc[ Mr. Dave Hamrick AmPort Manager Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 COlA-AVIATION ADMINISTRATION ¢olebrati~ 100 °lears of Po~ered P~ht RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACC~EPT FEDERAL AVIATION ADMINISTRATION ENTITLEMENT GRANT NO. 3-48-005'1-034-02 FOR THE AMOUNT OF $1,538,373 FOR TERMINAL IMPROVEMENTS, PHASE II AND AIRPORT DRAINAGE, iPHASE III BE IT RESOLVED BY THE Cl TEXAS; SECTION 1. The City Manage accept Federal Aviation Admir amount of $1,538,373 for term II1. TY COUNCIL OF THE CITY OF CORPUS CHRISTI, ,r, or the City Manager's designee, is authorized to istration Entitlement Grant No. 3-48-0051-034-02 for the nal improvements, Phase II and airport drainage, phase A'CrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 14, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar ~ Assistant City Attorney for City Attorney -180- ORDINANCE APPROPRIATING $`1,1 ADMINISTRATION ENT AIRPORT ClP FUND 3¢ II AND AIRPORT DRA] CAPITAL BUDGET Al INCREASE APPROPRI~ EMERGENCY .38,373 FROM THE FEDERAL AVIATION TLEMENT GRANT NO. 3-48-005`1-034-02 INTO 20 FOR TERMINAL IMPROVEMENTS, PHASE NAGE, PHASE iff; AMENDING FY 2002-2003 )OPTED BY ORDINANCE NO. 025'144 TO ~,TIONS BY $'1,538,373; AND DECLARING AN BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That $1,538,373 is appropriated from the Federal Administration Entitlement Grant No. 3-48-005~-034-02 into Airport ClP Fund 3020 for terminal improvements, Phase I and Airport Drainage, Phase II1. SECTION 2. That the FY 2002,2003 Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $1,538,373. SECTION 3. 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 ,2003, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: August 14, 2003 Lisa Aguilar ~_ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor -181- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: _. 8/19/03 AGENDA ITEM: Resolution aut~horizing the City Manager or the City Manager's designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2003-2004 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. ISSUE: The Texas General Land Office requires the annual submission of an application for financial assistance to local governments for beach maintenance. REQUIRED COUNCIL ACTION: City Council must authorize all contracts that exceed $15,000. PREVIOUS COUNCIL ACTION: Resolution 024944 authorized continued financial assistance through the Texas General Land Office for beach cleaning and life guarding at Padre Island during FY 200242003 was approved by City Council on July 9, 2002. FUNDING: ,~/A CONCLUSION AND RECOMMENDATION: Staff recommends City Council authorize the City Manager or his designee to apply for continued financial assistance through the Texas General Land Office for beach Cleaning, life guarding, and police patrols at Padre Island and to execute all necessary documents in connection with the reimbursement application David Ondrias, Acting Director Park and Recreation Department Attachments: Back(~round ResoTution -185- BA~ The Texas General Land Office ad~ cities and counties for beach cle~ Council must annually approve su beach cleaning and life guarding re necessarydocuments. The applic~ 2004. KGROUNDINFORMATION ninisters the Beach Maintenance Fund to partially reimburse ining, life guarding, and safety patrol services. The City )mission of the reimbursement application to the state for imbursement and authorize the City Manager to execute all ~tion will provide financial assistance to the City for FY2003- The Beach Maintenance Fund Program reimburses cities and counties by a formula that distributes a finite budget of $940,000 each year. Of that budget the General Land Office is authorized to take up to ten percent for and administrative costs. The principal portion of the beach maintenance appropriationsi amounting to $846,000 presently is distributed amount the twelve communities that contain public beaches within their jurisdiction and have made application for funding. Seventy-five percent of funds available for distribution shall be allocated by determining each participant's proportionate share of total participant expenditures during the fiscal years preceding the year for which participant is applying for reimbursement. Twenty- five percent of the funds available for distribution shall be allocated by determining each participant's proportionate share oR total linear footage of gulf beach which the participants will clean and maintain pursuant to project agreements authorized in Texas Administrative Code, Title 31, Part I, Chapter 25. Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. Previously, the City contracted with Nueces County to clean 36,590 feet of beaches at an annual cost of $824,000 with GLO reimbursing around $7,406 (as a result of changing from Nueces County performing the work to the City performing the maintenance.) The City now maintains 41,929 feet of gulf beaches with estimated eligible expenses of $612,000. It is anticipated that the Texas General Land Office will reimburse the City $83,000. -186- t .o us. Chnst July 21, 2003 Texas General Land Office Attn: Sharon Moody P.O. Box 12873 Austin, TX 78711-2873 Dear Ms. Moody: The signed application for state assistance for beach maintenance for fiscal year 2004 is enclosed. I have inserted my name as signatory with day-to-day authority in lieu of Daniel Whitworth who passed away after completing the application but before the contract was issued. We will present the application to the City Council for their approval on August 19, 2003. We will send a copy of the resolution as soon as it is signed. Also enclosed are maps of the maintained beach areas. The City of Corpus Christi is in compliance with State Regulation 31 TAC §15.8 concerning the collection and expenditure of beach user fees. The City is now collecting fees for beach parking on the City's gulf beach areas. An adequate number of garbage and litter receptacles are available on the beaches. The City increased the number of receptacles from the number that were previously there when Nueces County was maintaining our beachos; The number is consistent with the plan our community adopted for Beach Access and Dune Protection. If you require any further infomation, please contact Chris Semtner, Support Services Superintendent, at (361) 880-3468. Attachments David Ondrias, Acting Director Park & Recreation Department Park & RO/:~ation Dept. P.O.Box 9277 · Corpus Chri~69-9277 * (361)880-3461 OApplication for State Assistance in Cleaning and Maintalning PUblic Beaches for Fiscal Year 2004 Begi~ nning September 1, 200~3 Texas General Land Office Jerry Patterson, Commissioner P.O. Box 12873 Austin, Texas 78711-2873 Ci~orcoun~ makingappllcation(appllcant): City of Co~us Christi, Texas Nameandaddressofadministraflvebodymspons~leforbeachcleaning: Park and Recreation Department, City of Corpus Christi P.O. Box 9277 Corpus Christi, Tex~s 78469-9277 Name, organization, and ~eofoffi~ialwi~day-t~-daymsponsibilt~forpr~ect: David Ondrtas, Acting Director Park and Recreatio~ Department, City of Corpus Christi . P.O. Box 9277 Corpus Christi, TeXas 78469-9277 Name, address, and title of offidal authorized to receive state reimbursement Lee Ann Dumbauld, Director of FINANCE City of corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 The applicant understands and agrees bat the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledgeS and represents that it has met or will meet the requirements by the following: ' 1. The applicant has a duly constitzJt~cl, bea~k park board or like body with adequate authority t6 ~dr~j,ster an effective progr.am of keeping'the public beaches under its jurisdiction clean. ' * ' - · .., . ~ 2, The applkant shall provide for receipt of all project funds by its treasurer or like of{icial who shall a~leq6ately safeguard such funds and assure same are e~tpended solely for project purposes. The applicant agrees to re mbu[so the General Land Off ce for any projeCt funds lost or spent for non-project purposes. 3. The applicant shall submit such repor~ as to amounts and types of project expenditures as may be required by the General Land Office. 4. The applicant provides free entrance to all public beaches within its jurisdiction. 5, The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. -188- Application for State Assistance in Clenn!ng and Maintaining Public Beaches Page 2 linear feet of beach to be cleaned 2. 3. 4. 5, 7. 8. 9. 10. 11. Equipment rental, litter and debris removal Labor, litter and debris removal Signs, litter-related Supervision, litter and debris removal Solid waste collection and disposal, ihcluding purchase of containers Portable toilet rental and servicing Bardcade~,'bollards, and traffic signsl Lifeguard expenses Litter patrol expenses Beach patrol expenses Administration TOTAL 41~929 197:0~0 0 35,000 1~1;R~ !~,909 612,000 Amount of state assistance requested for current state fiscal year (may not exceed two-thirds of amount shown in line above as provided by Section 61.076 of the Texas Nattiral Resources Code): $ ~- 9 7, 99 E The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for ~he al:mroval of the application or management of 1he program. · . porting documents: (Must be included with!the application unless current information is on file with the General Land Office.) Mark the box if corresponding document is included with this application. A current resolution authorizing application for funds and vesting an offidal with full authority to act for purposes of the program. n A certified copy of documentation establishing a beach park board or like body. A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therein. E] A site plan of. applicant's beach park which rneet~ the minirrJ0hl're(~uirements established by the state. 1211A current written statement acknowledging that coml~lian(~e v~ith the regulations for collection and expenditure of beach user fees, contained in Section 1 5.8 of the state's beach access and dune protection regulations, is a requirement of the program. A current written statement that the applicant will supply an adequate number of garbage and. litter receptacles for that area of the beach which the applicant cleans and mairitalns in this program. Receptacles for recydables are suggested, but not required. n A current list~ adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator and which includes portable toilets, if provided. C~.ty of Corpus Christi,TX acting byand through David OndrJ,,aS hereunto authorized, submi~ this application and agrees to the above terms and conditions.~ ~ ~ ~-~Z~ by David Ondrias be~irector Date Name and Ti~e -189- City of Corpus Christi Beach Maintenance Rd :~ 22,018 Cil'Y : 8,131 ft. · ,11,780 ft.i -190-. City Council Agenda Memorandum Annexation Public Hearing February 21, 2002 Page 5 Attachment II. Annexation Maps Jones, Walter, and GLO Beach Frontage Padre Balli Park Packery Channel Park Nueces County Land South of Mustang Island State Park and Beach Frontage North of Zahn Road -101- (Eric C. Lower) EXHIBIT B CORPUS CHRISTI BAy 2282 AC. ~! ! AREA P - TRACT l 1999 ANNEXATION PROGRAM -192- EXHIBIT B OCt. ~1999 AltI~A I~. TRACT 1 ANNEXATION PROGRAM -193- EXHIBIT D " ABILA F - TRAC! 2 51999 ANNEXATION PROGRAM RESOLUTION AUTHORIZING THE C~ITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR CONTINUED FINANCl/~L ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE AND MUSTANG ISLANDS DURING FY 2003-20~4 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AJND MAINTENANCE ASSISTANCE PROGRAM WHEREAS, the Texas Genera/Land Office requires the annual submission of an application for financial assistance by local governments for beach cleaning and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute all necessary documents to request continued financial assistance for the cleaning and maintenance of beaches under the City jurisdiction on North Padre and Mustang Islands during FY 2003-2004 under the Texas General Land Office' Beach Cleaning and Maintenance Assistance Program, as provided in 31 Texas Administrative Code Chapter 25. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: day of ., 2003. R. Jay Reining Acting City Attorney R32739A1.doc -195- CITY COUNCIL A~ENDA MEMORANDUM City Council Action Date: 08/'19/03 AGENDA ITEM: Item A: Resolution amendin~ Resolution No. 025124 which authorized submission of grant application to the State of Texas, Criminal Justice Division, for funding eligible under the FY 2002 Juvenile Accountability Incentive Block Grant Program to fund a program to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders; and accepting grant of $131,018 Item B: Appropriating $131,0118 from the State of Texas, Criminal Justice Division of the Governor's Office, in the No. 1067 Park and Recreation Grant Fund; transferring $13,103 from No. 1020 General Fund and appropriating it in the No. 1067 Park and Recreation Grant Fund as matching grant funds to continue to operate a juvenile court within Municipal Court; and declaring an emergency. ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Incentive Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. REQUIRED COUNCIL ACTION: City Council must accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: City Council approved submission of the grant application on 12/10/02 FUNDING: The Funds must be used within12 specific purpose areas in an effort to achieve the greatest impact to reducing juvenile delinquency and improving the juvenile tracking system. The grant funds may not exceed 90% of the total program and participation requires a 10% cash match of $13,103 to be provided by the ML/nicipal Court Administration Department. CONCLUSION AND RECOMMENDATION: Staff recommends accepting and Rene Mendiola Director of Municipal Court Attachments: CJD Grant Award Notification -199- BACKGROUNDINFORMATION Municipal Court applied and ~ be used within the 12 specific [ reducing juvenile delinquenc) accountability of juvenile offer (based on availability). This al Incentive Block Grant. as awarded the grant funding requested. The funds must urpose areas in an effort to achieve the greatest impact on , improve the juvenile justice system and increase the ~ders. The maximum years of funding - there is no limit )lication is for year 5 of 5 of the Juvenile Accountability The City should receive these ~funds automatically by filing an application. As a Federal requirement of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting of ~various representatives from the community. The Mayors Commission on Children and youth meets the criteria established for the coalition. The proposed purposes to continuewith a dedicated Juvenile Court, establish accountability standards and interagency sharing of information and improvements in the management of juvenile cases at Municipal CoUrt meet the grant's criteria. Establishing the Municipal Juvenile court has been successful in providing the community the dedicated services to assi~st in addressing the Juvenile population. The dedicated services have allowed for better use of the various juvenile programs throughout the City. The funding has a distribution requirement of 45 and 35 pement minimums to be used in specific purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of government can certify that the interest of public safety and juvenile crime control would be better served by expending the funds in a different proportion. The City is requesting such a waiver in order to use the majority amount to continue funding one prosecutor, one Deputy C!ity Marshal, and the cost of the leased space. This is in addition to establishing and maintaining an interagency information program that enables prosecutors and Judges to make more informed decisions regarding the juveniles. Under this proposal, the funds will also be used to expand the interagency sharing of information between Municipal Court and the Juvenile Assessment Center. -200- JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUND DESIGNATION OF GRANT OFFICIALS LEGAL NAME OF AGENCY: I City of Corpus Christi, Texas PROJECT TITLE: J[{venile Accountablitiy incentive Block Grant Rene R. Mendiola ~ Project Director Name (Type or Print) I Acting Director of Municipal Court ~ Tire and Agency P.O. Box 23077 Corpus Christi, Texas 78403-3077 Official Agency Mailing Address City Zip 361-886-2503 361-886-2560 Financial Officer Name (Type or Print) Acting Financial Services Director P.O. Box 9277 Corpus Christi, Texas 78469 Official Agency Mailing Address City Zip 361-880-3227 361-880-3601 Telephone Number Fax Number George K. Noe City Manager, City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Official Agency Mailing Address City Zip 361-880-3206 361-880-3839 -201- STATE OF TEXAS OFFICE OF THE GOVERNOR CRI~IINAL .JUSTICE DtVtSION TO: AUTHORIT~D OFFICIALS, (~d~VlINAL JUSTICE DIVISION (CID) GRANTS FROM: KEN C. NICOLAS, EXECUTIVE DIRECTOR SUBJECT: CJD GRANT AWARD NOTIFICATION I am pleased to inform you that your application for award has been approved. The enclosed letter from the Governor, Grant Acceptance Notice, Statement of Grant Award, and Approved Budget Summary contains information concerning a grant awarded to your agency by CID. The financial officer and the project director designated in your grant application have been informed of the award by separate letter. The original Grant Acceptance Notice enclosed must be signed by the Authorized Official and returned to CJD within 45 days of the awarddate. The Governor's web-site at http://wx~v.govemor.state.tx.ns offers a variety of nseful lini~ for CID documents and resources needed to properly administer CID grants such as: { > Texas Administrative Code (TAC) ~' Gram program descriptions and funding information ~' Useful hnks to federal and state agency web home pages ~' Relevant federal and state initiative sites ~' Office of Justice Programs (OJP) Financial Guide - applies to all CJD grants, except for Crime Stoppers Assistance Fund, Safe and Drug-Free Schools and Comm~mities Fund, and the State Criminal Justice Planning Fund > Uniform Grant Management Standards (UGMS) - administrative guide, applies to all CID grants } U.S. Department of Education General Administrative Regulations (EDGAR) - applies to Safe and Drug-Free Schools and Counuunities grants only ~ List of Regional Council of Governments I look forward to working with you to ensure the Success of your program. Your dedication is appreciated. Any questions relating to the administration of this grant should be directed to the appropriate area listed or your regional council of govarnmants. ~ CJI) - Main Operator ......................................................................................................................... 51~/463-1919 ~ Adult Criminal Justice, and Law Enforcement Projeets ....................................................................... 512/463-1284 ~' Crime Stoppers Assistance Projects ..................................................................................................... 512/463-1914 ~ Victims of Crime and Violence Against Women Projects ................................................... 5127463-1924 ~' Juvenile Justice and Youth Projects ..................................................................................................... 512/463-6472 ~ Requests for Funds .............................................................................................................................. 512/936-2180 ~ Expenditure Reports ............................................................................................... 512/463-1934 Post Omc~ Box 12428 AUS'nN, Trxns 78711 (512)463--I~{~g~Vo,cE)/(512)475-2042 (FA)D/Dm. 7-1-1 FoR ~¥ Snvm~s PdCK GOVERNOR OF THE GOVERNOR July 9, 2003 Mr. David Garcia Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Garcia: I am pleased to announce a grant award for $117,915 to your organization for the following project: Service Providers. My Criminal Justice Division is working to ensure that communities throughout the state receive the resources to make Texas a safer place. CJD-funded programs promote help and healing for crime victims, provide safe places and positiye role models for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. The attached Statement of Grant Award contains more specific information about your award. Please call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Governor RP:kcn 13299-05 POST OFFICE BOX 12428 AIJST~N, T~XAS 78~}[}~'I2) 463-2000 (VoICE)/DLqL 7-1-1 FOR RELAY SERVICES JB-02-J20-13299-05 Grant Acceptance: iOFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE Corpus Christ~, City of Service Providers This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by August 23, 2003. 1. I certify that I am authorized by the applicable gqveming body to accept, decline, alter, or terminate this grant on behalf of the grantee. 2. If the grantee is not a state agency and the curr~nt authorized official is not accounted for in the resolution on file at CJD, I certify that a new resolution has been included with the acceptapce of this grant or will be submitted prior to the collection of grant funds. 3. I agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the adoptions by reference therein. , / 4. I understand that the grantee is obligated to pro~ide applicable match, as required by the terms of the grant. 5. I understand that a violation of any term of the g~ant may result in CJD placing a temporary hold on grant funds, permanently de- obligating all or part of the grant funds, requiring reimbursement for funds already spent, and/or barring the grantee from receiving future CJD grant funds. ~ 6. I understand that grant funds may be withheld ur~til all special conditions placed on this grant are satisfied. 7. I understand that each grant official position mu~t be occupied by a different individual. 8. I understand that any of the three grant officials ~nay request adjustments to the grant. 9. r understand that CJD must be notified in writinglof any grant official change, which must include a sample signature of the new grant official. The authorized official for this grant must i~dicate agreement by signing the Acceptance Notice. The grantee will not be eligible for any grant funds until this not~ce is executed and returned to CJD. Signature of Authorized Official Date Verification of Information and Sampl~ Signatures: The grantee must vedfy all of the grant official's ideptifying information as listed below. If the information for any of the three officials is incorrect, complete the Designation of Grant Officials Form found at http://www, govemor.state.tx.us, end return to CJD. [] YES Select YES if the all of the information below is correct, sign, and rstum to CJD. [] NO Select NO if any of the information belov~ is incorrect, use the Designation of Grant Officials Form to notify CJD of the updated information ONLY, sign, and retum both COmpleted forms to CJD. Authorized Official Name: Mr. David Garcia Address: Post Office Box 9277, Phone: {361} 880-3000 Position: City Manaqer Clty/StJZIp: Corpus Christi. Texas 78469-9277 Fax: Email: Proiect Director Name: Mr. Rene R. Mendiola Position: Director of Municioal Court Address: Post Office Box 23077, City/St/Zip: Comus Christi. Texas 78401 Phone: (361} 886-2503 Fax: (361) 886-2560 Email: Signature of Project Director Date Financial Officer Name: Ms. Lee Ann Dumbauld Position: Director of Finance Address: Post Office Box 9277, Clty/StJZip: Corpu~ Christi, Texas 78469 Phone: (361'~880-3610 Fax: (361} 880-7320 Email: leed@ci.corpus-christLtx, us Signature of Financial Officer CJD Grant Manager:Dickens, Ed Date Post_~..e Box 12428, Austin, Texas 78711 (512) 463-1919 OFFICE OF THE GOVERNOR (~RIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: Grantee Name: Project Title: Grant Period: Program Fund: JB-02-J20-13299-05 Corpus Christi, City of Service Providers 08/01/2003 - 07/31/2004 JB-Juvenile AccountaJbility Incentive Block Grant CJD Award: Grantee Cash Match: Grantee In-Kind Match: Total Project Cost: $117,915 $13,103 $o $131,018 The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The approved budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon acceptance of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement tO the conditions of grant funding. Special Conditions and Requirements: 3ther Condition(s) of Funding: Please note that CJD has made adjustment(s) to the budget submitted to our office for your grant. The budget submitted for this grant in response to the Preliminary Review Report dated April 11,2003 contained errors which had to be corrected. In order to assure a timely award of this grant, CJD made the following corrections: The line item for "building lease" is considered as cost for space and was moved to the supplies and direct operating expense category of the budget. The amount of $2,437 allocated to the supplies category of the budget has been listed as office supplies. Also, the travel and training line item for the judge and prosecutor must also explain the general purpose of the travel, and policies that will be used for placing a value on the travel, including personal car reimbursement rates, hotel rates, per diem, and transportation. If you would like to request additional changes to the Approved Budget, you may request up to 4 budget adjustments during the grant year in accordance with Section 3.2513 of the Texas Administrative Code. However, CJD will not reinstate an original requested amount that was reduced during the application process. Required Attachments: Resolution Per the Texas Administrative Code, Section 3.2021 (2), a resolution must contain: "...a commitment to provide for all applicable cash match", and (3) "a designation of the title of an authorized official who is given the power to apply for, accept, reject, alter, or terminate a grant... ." The resolution as submitted provides for a cash match of $13,102, but the budget contains an actual match of $13,103. Additionally, the resolution as submitted does not give the authorized official all the powers necessary to administer the grant. Resubmit the resolution to include the correct dollar amount of cash match, and giving the authorized official the powers JAIBG Resolution from JCEC The resolution must be submitted using the on-line application kit document. No attachments or ~ddendums will be accepted. 2002-Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 -205- (~FFICE OF THE GOVERNOR C~IMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY Grant Number: Grantee: Project Title: Grant Period: Funding Source: JB-O2-J20-13299-04 Corpus Christi, City~f Service Providers 08/01/2003 to 07/31/2004 JB-Juvenile Accountability Incentive Block Grant Region: Date: 2OOO 07/16/03 CJD Cash Match In-Kind A. Personnel: $82,2831 $9,144 $0 B. Contractual: $4,850 $538 $0 C. Travel: $720! $80 $0 D. Equipment: $0 $0 $0 E. Construction: $0! $0 $0 F. Supplies: $30,062 i $3,341 $0 G. Indirect: $0 $0 $0 Total: $117,915 $13,103 $0 Budget Detail: A. Prosecutor (100%) $53,673 Deputy City Marshall (100%) $37,754 B. Document Shredding $ 800 Janitorial Services $ 428 Building Security $ 4,160 C. In-State Travel $ 800 Cost for Space $30,966 Office Supplies $2,437 TOTAL $91,427 $5,388 $800 $0 $0 $33,403 $0 $131,018 2002-Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 -206- RESOLUTION AMENDING RESOL~. SUBMISSION OF GRA CRIMINAL JUSTICE D FY 2002 JUVENILE ,a PROGRAM TO FUI~ DELINQUENCY, IMPR INCREASE THE ACC AND ACCEPTING GP~ TION NO. 025124 WHICH AUTHORIZED NT APPLICATION TO THE STATE OF TEXAS, VISION, FOR FUNDING ELIGIBLE UNDER THE CCOUNTABILITY INCENTIVE BLOCK GRANT D A PROGRAM TO REDUCE JUVENILE 3VE THE JUVENILE JUSTICE SYSTEM, AND OUNTABILITY FOR JUVENILE OFFENDERS; NT OF $131,018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION t. That Resolution No. 025124 is amended to authorize the City Manager or the City Manager's designee tO apply for, accept, reject, alter or terminate a State of Texas, Criminal Justice Division, Office of the Governor, grant of $131,018 for funding eligible under the FY 2002 Juvenile Accountability Incentive Block Grant Program to fund a program to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. SECTION 2. That Resolution No. 025124 is also amended to provide that the City of Corpus Christi will provide cash match of $13,103. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Chdsti assures that the funds Will be returned to the State of Texas, Criminal Justice Division, in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 29, 2003; Lisa Aguilar ~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor -207- ORDINANCE APPROPRIATING $131,018 GRANT FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE, IN THE NO. 1061 POLICE GRANT FUND; TRANSFERRING $;13,103 FROM NO. 1020 GENERAL FUND AND APPROPRIA'~ING IT IN THE NO. 106t POLICE GRANT FUND AS MATCHING GRANT FUNDS TO CONTINUE TrO' OPERATE A JUVEI~IILE COURT WITHIN MUNICIPAL COURT, AND DECLARING .AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $131,018 grant from the State of Texas, Criminal Justice Division of the Governor's Office is appropriated in the No. 1061 Police Grant Fund to continue to operate a Juvenile Court within Municipal Court. SECTION 2. That $13,103 is transferred from the No. 1020 General fund and appropriated in the No. 1061 Police Grant Fund as matching grant funds. SECTION 3. That upon wrilten 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 ,2003. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa Ci~ Secreta~ SamuelL. NeaI, Jr. Mayor APPROVED: August 14, 2003 Lisa Aguilar O Assistant City Attorney for City Attorney -208- 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/19/03 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 regarding Municipal! Court collection fee; providing for penalties; providing for severance; and providing for pdblication. ISSUE: The Governor signed Senate Bill 782 which authorizes a municipality or a county to add an additional collection fee in the amount of 30% on each debt or. account receivable that is more than sixty (60) days due and referred to collection to a private attorney or a public or private vendor. The adoption of Senate Bill 782 authorizes a municipality or a county to add the additional collection fee to those amounts on those cases ordered paid by a municipal court as well as to those amounts on cases in which the accused has failed to appear. REQUIRED COUNCIL ACTION: City Council must approve the ordinance as proposed. PREVIOUS COUNCIL ACTION: On August 21, 2001, the City Council approved an ordinance establishing a Municipal Court Collection Fee. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the ordinance as submitted. Attachments: Background information Rene R. Mendiola Director of Municipal Court -211- BAdKGROUNDINFORMATION Last year the Texas Attorney G~neral stated the 30% collection fee could not be added to cases where the accused had n~ot entered a plea. This greatly diminished the effectiveness of the collection efforts of the Court. The adoption of Senate Bill 782 authorizes a municipality or a county to add an additional 30% collection fee to those amounts on those cases ordered paid by a municipal court as well as to those amounts in cases in which the accused has failed to appear. With Council approval, we can, implement Senate Bill 782 which will allow the Court to enhance the existing collection ;efforts and enforcement actions. The net result is that the defendant who has not addressed their cases in a timely manner or is delinquent on their outstanding payment arrangements will be assessed a collection fee of 30% of the total fine owed. -212- AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 29 REGARDING MUNICIPAL COURT COLLECTION FEE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CIT~' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ~ SECTION 1. Section 29-51 of the Code of Ordinances is amended to read as follows: "Sec. 29-51. Municipal court Collection fee, "~a) There is created a municipal court collection fee pursuant to Article 103.0031 of the Texas Code of Criminal Procedure. "(b) "Debt or account receivable; means "(1) unpaid fines, fees, cqurt costs, forfeited bonds, and restitution ordered paid by a municipal court; or "(2) amounts in cases in which the defendant has failed to appear: "a. as promised upder Subchapter A, Chapter 543, Transportation Code, or other law; "b. in compliance With a lawful written notice to appear issued under Article 14.06 (b) o~ other law; "c. in compliance With a lawful summons issued under Article 15.03 (b) or other law; "d. in compliance 1with a lawful order of the municipal court; or "e. as specified ina citation, summons, or other notice authorized by Section 682.002, Transportation Code, that charges the defendant with a parking or stopping offense ".(_~ 1~ A municipal court defendant shall pay a municipal court collection fee in the amount of thirty (30) per cent on each debt or account receivable that is more than sixty (60) days past due and referred ifor collection to a private attorney or a public or private vendor" or -213- 2 (2) A debt or account rec{givable' is considered, more thanst sixty (60) days past. due under subsection (c) (1) i~it remains unpaid on the 61 day after the followin.q appropriate date: "a. with respect tc (b) (1), the date or must be paid in fu "b. with respect t¢ (b) (2), the date bt notified, summon~ "(d) The municipal court collecti, by a court of competent iurisdicl time-served credit or communit "(e) The municipal court collect partial credit for time served or past due. a debt or account receivable described in subsection which the debt, fine, fee, forfeited bond, or court cost as determined by the court; or a debt or account receivable described in subsection which the defendant promised to appear or was , or ordered to appear. )n fee does not apply to a case that has been dismissed ion or to any amount that has been satisfied throu,qh service. )n fee must be applied to any balance remainin.q after a :ommunity service if the balance is more than 60 days "(f) With respect to cases descri~3ed by subsection (b) (2), the amount to which the municipal court collection fee aRplies is "(1) the amount to be pai~l that is communicated to the defendant as acceptable to the court under its staqdard policy for resolution of the case, if the defendant voluntarily a.qrees to pay ihat amount; or "(2) the amount ordered I~aid by the municipal court after plea or trial. "(.q) A defendant is not liable fol the municipal court collection fee if the municipal court judge has determined that the d~fendant is indigent, or has insufficient resources or inc;me, or is otherwise unable tp pay all or par~ of the underlying fine or costs." 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 competer)t jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon wdtten 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 Municipal court amendment. DOC -214- 3 upon first reading as an emergency measure this the 2003. day of ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: August 14, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Municipal court amendment,DOC -215- 4 Corpus Christi, Texas . day of ,2003i / TO THE MEMBERS OF THE C~TY Corpus Christi, Texas For the reasons set forth in the emergency exists requiring sus voting upon ordinances at two suspend said Charter rule and at the present meeting of the C Respectfully, COUNCIL 9mergency clause of the foregoing ordinance an )ension of the Charter rule as to consideration and 9gular meetings: I/we, therefore, request that you ~ass this ordinance finally on the date it is introduced, or Ly Council. Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff Municipal court amendment. DOC -216- 18 CITY COUNCIL AGENDA MEMORANDUM Date: Au,qust 19, 2003 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the victims of Crime Act (VOCA) Fund and to execute all related documents. B. Ordinance appropriating $41,404 from the State of Texas,,Criminal Justice Division in the No. 1061 Police Grants Fund for funding a~ailable under the Victims of Crime Act (VOCA) Fund. ISSUE: Fourth year funding ha~ been awarded from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 12/10/02. FUNDING: The State provides ,$41,404 and the City $15,656. The City is required to contribute at least a 20% grant match that may be in-kind or cash contribution. Volunteer hours provide $4,336 toward the match with the law enforcement trust fund providing $11,320 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. -219- BACKGROUNDINFORMA~ON The grant continues the Victim and family members with the experienced as a direct result provided with information and social service agencies. The a criminal act to aid them in th The grant covers the salary/bE training, and mileage. The cas information and referral, crimin filing forms for benefits availab' Texas Crime Victims Compens advocating on victims behalf wi and transportation to shelter or Office located at the District an agencies in an ongoing effort of services to victims in the cot Assistance Program that provides assistance to victims leal of lessening the short and long-term trauma f victimization. Victims and their family members are uidance for resolving problems and referrals to other Jrpose of these services is to speed their recovery from criminal justice process. nefits for a Victim Case Manager, equipment, supplies, manager provides services to victims including justice support and case information, assistance with through the Crime Victims' Compensation under the :ion Act, informing victims of their rights as victims, Ih other agencies and within the criminal justice system, to court. They also work with the Victims Advocates :1 County Attorneys office, local coalitions and other , identify needs and to improve the quality and continuity ~munity. -220- STATE OF TEXAS OFFICE OF THE GOVERNOR CRIMINAL .JUSTICE DIVISION TO: AUTHORIT~D OFFICIALS, C~IMINAL JUSTICE DMSION (CJD) GRANTS FROM: KEN C. NICOLAS, EXECUTIVE DI1ZECTOR SUBJECT: CJI) GRANT AWARD NOTIFICATION I am pleased to inform you that your application for award has been approved. The enclosed letter from the Governor, Grant Acceptance Notice, Statement of Grant Award, and Approved Budget Summary containg information concerning a grant awarded to your agency by CJD. The financial officer and the project director designated in your grant application have been informed of the award by separate letter. The original Grant Acceptance Notice enclosed must be signed by the Authorized Official and returned to CJD within 45 days of the ~l~ard date. The Governor's web-site at http://wWw.govemor.state.tx.us offers a variety of useful links for CJI) documents and trces needed to properly administer CID gran~s such as: Texas Administrative Code (TAC) Grant program descriptions and funding Information Useful links to federal and state agency web home pages Relevant federal and state initiative sites Office of Justice Programs (OJP) Financial Guide - apphes to all CID grants, except for Crime Stoppers Assistance Fund, Safe and Drug-Free Schools and Communities Fund, and the State Criminal Justice Planning Fund Uniform Grant Management Standards 0UGMS) - administrative guide, applies to all CID grants U.S. Department of Education General Administrative Regulations (EDGAR) - applies to Safe and Drug-Free Schools and Communities grants only > List of Regional Council of GovernmentS I look forward to working with you to ensure the Success of your program. Your dedication is appreciated. Any questions relating to the administration of this grant should be directed to the appropriate area listed or your regional council of governments. > CJD - Main Operator ......................................................................................................................... 512/463-1919 ~' Adult Criminal Justice, and Law Enforcement Projects ....................................................................... 512/463-1284 ~' Crime Stoppers Assistance Projects ..................................................................................................... 512/463-1914 } Victims of Crime and Violence Against Women Projects ................................................... 512/463-1924 ~' Juvenile Justice and Youth Projects ..................................................................................................... 512/463-6472 ~' Requests for Funds .............................................................................................................................. 512/936-2180 ~' Expenditure Reports ............................................................................................... 512/463-1934 Post omct Box 12428 AUsnN, Tm~xs 78711 (512)46~-~--(Vome)/(512)475-2042 (FAX)/Dt&t 7-1-1 FOR 1{tu~¥ SEa,aCES PdCK PERRy GOVEKNOR OFI~ICE OF THE GOVERNOR July 9, 2003 Mr. David Garcia Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Garcia: I am pleased to announce a grant award for $41,404 to your organization for the following project: Victims of Crime Act. My Criminal Justice Division is working to ensure that communities throughout the state receive the resources to make Texas a safer place. CJD-funded programs promote help and healing for crime victims, provide safe places and positive role models for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. The attached Statement of Grant Award contains more specific information about your award. Please call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Governor RP:kcn 15223-04 -222- POST OFF~CE BOX 12428 AUSTIN, TEXAS 78711 (512) 463-2000 (VoIcE)/DUqL 7-1 - 1 FOR RE1.A¥ SERVlCES OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE VA-03-V30-15223-04 Corpus Christi, City of Victims of Crime Act Grant Acceptance: This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by August 23, 2003. 1. I certify that I am authorized by the applicable goyeming body to accept, decline, alter, or terminate this grant on behalf of the grantee. 2. If the grantee is not a state agency and the currel~t authorized official is not accounted for in the resolution on rite at CJD, I certify that a new resolution has been included with the acceptance of this grant or will be submitted prior to the collection of grant funds. 3. I agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the adoptions by reference therein. 4. I understand that the grantee is obligated to provide applicable match, as required by the terms of the grant. 8. I understand that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently de- obligating all or part of the grant funds, requiring reitnbumement for funds already spent, and/or barring the grantee from receiving future CJD grant funds. 6. I understand that grant funds may be withheld until all special conditions placed on this grant are satisfied. 7. I understand that each grant official position must be occupied by a different individual. 8. I understand that any of the three grant officials May request adjustments to the grant. 9. I understand that CJD must be notified in writing Of any grant official change, which must include a sample signature of the new grant official. The auth~rized ~f~cial for this grant tnust indicate agreement by signing the Acceptance N~tice~ The grantee will not be eligible for any grant funds until this notice is executed and returned to CJD. Signature of Authorized Official ° Date Verification of Information and Sample Signatures: The grantee must verify all of the grant official's ideetifying information as listed below. If the information for any of the three officials is incorrect, complete the Designation of Grant Officials Form found at http://www.govemor.state.tx.us, and return to CJD. [] YES Select YES if the all of the information below is correct, sign, and return to CJD. Select NO if any of the information belowiis incorrect, use the Designation of Grant Officials Form to notify CJD of the updated information ONLY, sign, and return both (~ompleted forms to CJD. Authorized Official Name: Mr. David Garcia Address: Post Office Box 9277. Phone: {361) 880-3000 Position: City Manaqer City/St/Zip: Corpus Christi. Texas 78469-9277 Fax: Email: Project Director Name: Chief Pete Alvarez, Jr. Position: Chief of Police Address: Post Office Box 9016, City/St/Zip: Corpus Christi, Texas 78469 Phone: (3611 886-2604 Fax: (361) 886-2607 Email: policechiefpalvarez @¥ahoo.com Name: Ms. Lee Ann Dumbauld Address: Post Office Box 9277, Phone: {361} 880-3610 Fax: (361} ~80-7320 Signature of Financial Officer A c~-~,.~ ~ ~, ~ ~-c~e_ CJD Grant Manager:Martin, Angle Position: City/St/Zip: Email: Director of Finance Corpus Christi, Texas 78469 leed@ ci.cor~us-christi.tx.us Date Post-(L)[~.e Box 12428, Austin, Texas 78711 (512) 468-1919 DESIGNATION OF GRANT OFFICIALS (page 1 of 1) OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DMSI'-- P.O. Box 12 Austia, Texas 787 ~ ~ 512-463-1919 Fa.x: 512-475-2042 www.governor, state.tLus LEGAL NAME OF AGENCY: Project Director Name (Type or Pdt Official Agency Mailing Address Daytime Telephone Number Title and Agency E-Mail Address Extension Fax Number Financial Officer Name (Type or P~nt) I O~rx~ I ,~c~ ~r~4~- i Official Agency Mailing Address ' Title and Agency / E-Mail Address Daytime Telephone Number Extension Fax Number Authorized Official Name i (Type or! Prinf} Title and Agency Official Agency Mailing Address E-Mall Address Daytime Telephone Number ' ExtenZ ' Fax Number -224- Grant Number: Grantee Name: Project Title: Grant Period: Program Fund: OFFICE OF THE GOVERNOR !CRIMINAL JUSTICE DIVISION ST/~TEMENT OF GRANT AWARD VA-03-V30-15223-0~4 Corpus Christi, City ~f Victims of Crime Acl~ 07/01/2003 - 06/30/2004 VA-Victims of Crimei Act (VOCA) CJD Award: $41,404 Grantee Cash Match: $11,320 Grantee In-Kind Match: $4,336 Total Project Cost: $57,060 The Governor's Criminal Justice Division~ (CJD) has awarded the above-referenced grant. The approved budget is reflected in the attached Budgdt Summary. This grant is subject to and conditioned upon acceptance of the Governor's Criminal Jastice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to the conditions of grant funding. Required Attachments: Resolution Please Resubmit. The resolution authorizes the City Manager to "submit a grant application..." This statement only authorizes the City Manager to apply for the grant. As stated in the Texas Administrative Code, Section 3.2021, the resolution must state that the authorized official has the power to "apply for, accept, reject, alter or terminate the grant." Please revise the resolution to give the City Manager the authority necessary to serve as the Authorized OfficiaL" ZOO3-Victims Services Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 -225- Grant Number: Grantee: Project Title: Grant Period: Funding Source: OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY VA-03-V30-1522~-04 Corpus Christi, City of Victims of Crime Act 07/01/2003 to 06j30/2004 VA-Victims of Crime Act (VOCA) Region: Date: 2O0O 07/16/O3 CJD ; I Cash Match In-Kind A. Personnel: $41,4(~4 $0 $4,336 B. Contractual: :~0 $0 $0 C. Travel: ii $2,938 $0 D. Equipment: $0 $0 E. Construction: $0 $0 F. Supplies: $0 $8,382 $0 G. Indirect: M0 $0 $0 Total: $41,40N $11,320 $4,336 TOTAL $45,74O $0 $2,938 $0 $0 $8,382 $0 $57,060 Budget A. Detail: Victim Case Manager (100%) $32,145 Fringe Benefits $9,259 Volunteers $4,336 Local Mileage $438 In-State Travel and Training COsts $2,500 Office Supplies $1,750 Communication Costs $432 Project Supplies $4,000 Services and Other Costs $2,200 (non-capitalized office equipment) 2003-Victims Services Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 -226- ORDINANCE APPROPRIATING $41,404 FROM THE STATE OF TEXAS, CRIMINAL JUSTICEi DIVISION IN THE NO. 106'1 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME .ACT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $41,404 isi appropriated from the State of Texas Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act. 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 al/two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: August 15, 2003 Lisa Aguilar LJ Assistant City Attorney for City Attorney -227- 19 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 19, 2003 A. Authorizing the city ~anager or the city manager's designee to accept a grant in the amoun~ of $40,000 awarded by the Texas department of public safety divisio~ of emergency management under the FY 2002 Pre-disaster mitigation program to develop a pre-disaster mitigation action plan, with a eity in-kind MATCH OF 13,333 and a total project cost of $53,333. B. Resolution the City Manager or his Designee to execute an Interlocal Cooperation Agreement entitled "Coastal Bend Mitigation Action Plan Interlocal Cooperation Agreement." ISSUE: A. The City received a grant in the amount of $40,000 for the development of a mitigation action plan under the Fiscal Year 2002 Pre-Disaster Mitigation (PDM) Program from the Texas Department of Public Safety Division of Emergency Management. This award is in addition to the $85,000 ipreviously received October 24, 2002 and accepted by Council November 19, 2002. This additional funding is to include Bee, Aransas, Jim Wells, and Live Oak Counties under the Mitigation Action Plan project. The new grant total is $166,666. The federal share is $125,000 with the local 25% match of $41,666 that will be in the form of in-kind contribution. B. The City of Corpus Christi, on behalf of the Corpus Christi Bay Coalition is to prepare the Coastal Bend Mitigation Action Plan (MAP) under the Pre- Disaster Mitigation Program Grant from the State Division of Emergency Management. A Plan is needed in order to make local jurisdictions eligible for Post-Disaster Hazard Mitigation funding. The purpose of this Interlocal Agreement is to develop '~he (MAP) that will be used by the participating Jurisdictions. This Agreement outlines the responsibilities, commitments, and coordination of the participating jurisdictions, which are needed to create the plan. REQUIRED COUNCIL ACTION: A. Accept the grant and appropriate the funds. B. Council Approval is needed for "Coastal Bend Mitigation Action Plan Interlocal Cooperation Agreement". -231- PREVIOUS COUNCIL ACTION: None FUNDING: A. The 25% percent local m~tch will be through In-Kind services by staff personnel from the Office of Emerg~ency Management, Engineering Services, Water, Wastewater, Storm Water, (~as and other City Departments attending meetings, reviewing work and making r~ecommendations. CONCLUSION AND RECOI~ ~MENDATION: Staff recommends council approve the resolution. -232- RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT UNDER THE FY 2002 ERE-DISASTER MITIGATION PROGRAM IN THE AMOUNT OF $40,00,0 FOR DEVELOPMENT OF A PRE-DISASTER MITIGATION ACTION ,PLAN, WITH AN IN-KIND CITY MATCH OF $13,333, AND A TOTA~ PROJECT COSTS OF $53,333 / NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The City Manage~', or the City Manager's designee, is authorized to accept a grant from the Texas Department of Public Safety Division of Emergency Management under the FY-20Q2 Pre-Disaster Mitigation Program in the amount of $40,000 for development of a I~re-disaster mitigation action plan. The City match for this grant is an in-kind contribution of $13,333, for a total project costs of $53,333. SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 6TM day of August, 2003. Samuel L. Neal, Jr. Mayor R31110A1.doc -233- ORDINANCE APPROPRIATING $40 PUBLIC SAFETY DIVI~ THE FY-2002 PRE-D NO. t063 EMERGEN4 DEVELOPMENT OF A AND DECLARING AN E BE IT ORDAINED BY THE Cl'l TEXAS: SECTION 1. That $40,000 fror Emergency Management unde appropriated in the No. 1063 E~ a pre-disaster mitigation action 000 FROM THE TEXAS DEPARTMENT OF ,ION OF EMERGENCY MANAGEMENT UNDER ISASTER MITIGATION PROGRAM IN THE :Y MANAGEMENT GRANTS FUND FOR PRE-DISASTER MITIGATION ACTION PLAN ; MERGENCY Y COUNCIL OF THE CITY OF CORPUS CHRISTI, 1 the Texas Department of Public Safety Division of · the FY-2002 Pro-Disaster Mitigation Program is nergency Management Grants Fund for development of )lan. SECTION 2. That upon writter~ request of the Mayor or five Council members, copy attached, the City Council (1) fl~ds and declares an emergency due to the need for immediate action necessary fol' 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 14th day of August, 2003: Acting City Attorney Samuel L. Neal, Jr. Mayor R31110C1 .doc -234- RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE COASTAL BEND MITIGATION ACTION PLAN INTERLOCAL COOPERATION AGREEMENT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: - SECTION 1. The City Manage~, or the City Manager's designee, is authorized to execute Coastal Bend Mitigatio~ Action Plan Interlocal Cooperation Agreement. SECTION 2. The City Manager, or the City Manager's designee, is authorized to make editorial and non-substantive modifications and execute amendments to the interlocal cooperation agreement without! the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, bu! not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 14t~ day of August, 2003. Acting City Attorney Samuel L. Neal, Jr. Mayor R31110D1 .doc -235- Corpus Christi, Texas of ,2003 The above resolution was pasted by the following vote: Samuel L. Neal, Jr. Brent Chesney I Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison i John Longoria Jesse Noyola Mark Scoff i 2 R31110D1 .doc -236- COASTAL BEND MITIGATION ACTION PLAN INTERLOCAL COOPERATION AGREEMENT WHEREAS, the City of Corpus Christi, on behalf of the Corpus Christi Bay Coalition, applied for a Pre-Disaster Mitigation Program grant from the State of Texas Division of Emergency Management to prepare the Coastal Bend Mitigation Action Plan; and WHEREAS, an approved Mitigalion Action Plan is needed to make a local jurisdiction eligible for the Post-Disaster HaZard Mitigation Grant Program (HMGP) funding; and WHEREAS, an approved Mitig~ion Action Plan may makes local jurisdictions eligible for the Pre-Disaster Mitigation (PDM) Program, if funding becomes available in the future; and WHEREAS, a Mitigation Action Plan will provide guidance to Participating Jurisdictions, but does not require a specific financial commitment by the Participating Jurisdictions. This Coastal Bend Mitigation ACtion Plan Interlocal Cooperation Agreement ("Agreement") is made and entered into by the City of Corpus Christi and the counties and municipalities listed on Exhibit A, which is attached to and incorporated into this Agreement. 1. Purpose of Agreement. a. The purpose of this Agreement is develop the Coastal Bend Mitigation Action Plan ("Plan") that will be used by the Participating Jurisdictions. (1) The Plan will be developed under the project requirements and guidelines issued by the State of Texas Division of Emergency Management (DEM), and the Federal Emergency Management Agency (FEMA). (2) Once completed the Plan will be presented to the State Hazard Mitigation Officer for review, and to FEMA for approval under the provisions of the Disaster Mitigation Act of 2000 (DMA 2000). b. This Agreement outlines the responsibilities and commitments of the Participating Jurisdictions, which are needed to create the Plan. c. This Agreement structures the coordination between the representatives of the Participating Jurisdictions who will develop the Plan. d. This Agreement pertains solely to the development of the Plan. 2. Period of Agreement a. This Agreement becomes effective as to each Participating Jurisdiction when approved and executed by that Participating Jurisdiction. R31110B2.doc A'FI'ACHMENT A -237- b. This Agreement remains in effect for one year for each Participating Jurisdiction, but the Agreement is automatically renewed and will continue in full force and effect and will remain binding on each Participating Jurisdiction unless the governing body of the Participating Jurisdiction withdraws from this Agreement under Sectio~n 6 of this Agreement. c. Withdrawal from this, affect the continued opel remaining Participating J and remain binding on ff d. Under the provisions FEMA, must be reviewe~ approval within five year eligible for post-disaster ~,greement by any Participating Jurisdiction does not ation of this Agreement between and among the urisdictions and this ^greement shall continue in force e remaining Participating Jurisdictions. 3f DMA 2000, a Plan, which has been approved by I, revised, if appropriate, and resubmitted for a new ~ in order for a Participating Jurisdiction to remain HMGP funding. e. It is the intent of the Flarticipating Jurisdictions to review, revise, and resubmit the Plan as needed to relmain eligible for post-disaster HMGP funding. 3. General Provisions a. The Participating Juri~sdictions, individually and collectively, agree to provide the necessary resources to meet its obligations, performance requirements, and to accomplish the followii3g tasks: (1) Joint Responsibilities. (a) Each Participating Jurisdiction shall designate a Hazard Mitigation Coordinator to serve as the jurisdiction's point of contact for this project. (b) Each Participating Jurisdiction shall make personnel available to the project lfor data collection activities, reviewing and evaluating results of a~nalyses, developing and evaluating mitigation strategies, accepting public comment, reviewing plan documents, attending planning meetings, and other tasks that may arise. (C) Each Participating Jurisdiction must ensure that they have provided their share of the 25% match, required for the Pre- Disaster M~tigation Program grant, through in-kind contributions. (2) Responsibilities of the individual participating jurisdictions. In order to obtain Federal plan approval their Mitigation Action Plan includes: (a) Each Participating Jurisdiction must document that the individual jurisdiction has actively participated in the planning process that created the Mitigation Action Plan. R31110B2.doc -238- (b) Each Participating Jurisdiction must document that the individual jarisdiction formally adopted the Mitigation Action Plan. b. Responsibilities of the City of Corpus Christi. (1) Corpus Christi shall manage the Pre-Disaster Mitigation Program grant and designate the Local Project Officer. (2) Corpus Christi shall provide fiscal oversight of the grant funds, including submittil tg timely financial reports, remitting accounts payable, providing quartedl financial reports, and quarterly progress reports to the DEM Project Officer. (3) Corpus Chdsti~ shall coordinate meetings of the Project Steering Committee, other igeneral and subcommittee meetings, and public meetings (4) Corpus Chdsti~ shall maintain a Website to share information and project status with Participating Jurisdictions and the general public. (5) Corpus Christi shall provide training and technical assistance to Participating Jurisdictions, as needed. (6) Corpus Christi, shall provide staff support to maintain project documentation, prepare informational materials, and draft the Plan. (7) Corpus Christii shall obtain technical support, in consultation with the other Steering Committee. (8) City of Corpus, Christi is not responsible for preparation and submittal of individual "Annex P" to the Emergency Operations Plans for other Participating Jurisdictions. (9) City of Corpus Christi is not responsible for formulation of jurisdiction- specific mitigation action strategies for other Participating Jurisdictions. (10) City of Corpus Christi is not responsible for final acceptance or rejection of the Plan, with respect to an individual Participating Jurisdiction, if the Participating Jurisdiction fails to provide the required information or meets its obligations under subsections a and c of this section. c. Responsibilities of Hazard Mitigation Coordinators: (1) The Hazard Mitigation Coordinators shall document the match provided by their jurisdiction in a format that is consistent with FEMA requirements andl submit the required documentation in a timely manner to the Local Project Officer. R31110B2.doc -239- (2) The Hazard Mitigation Coordinators shall serve as the point of contact for their jurisdiction. (3) The Hazard Mitigation Coordinators shall serve on the Steedng Committee and participating in Steering Committee meetings. (4) The Hazard implementation d. Outcome Measures measured by the ability litigation Coordinators shall coordinate the F the Plan within their jurisdiction. Df Success. The success of this initiative will be )f the Participating Jurisdictions to: (1) Establish a cc~ordinated and effective effort for disaster mitigation planning and implementation in the td-county region (2) Implement a Comprehensive Coastal Bend Mitigation Action Plan to reduce the losses from disasters for the residents of the td-county region over the long term. (3) Obtain Federal approval of plan and qualify for HMGP funding for disasters declared after November 1, 2004, and any Pre-Disaster Mitigation Grant Program funding, which may become available in the future. 4. Allocation of Costs. a. Each Participating Jurisdiction is responsible for covering expenses it incurs and their share of costs associated with the performance of the terms and responsibilities, except fbr those direct project expenses provided for in the Pre- Disaster Mitigation Program grant. b. All expenses incurred by a Participating Jurisdiction must be documented as in-kind contributions to the project and submitted to the Local Project Officer, and will be used to meet the 25% match required for the grant. c. A Participating Jurisdiction is not obligated to pay or reimburse any expense incurred by any other Participating Jurisdiction under this Agreement. 5. Amendment of Agreement. a. This Agreement may be amended at any time. b. Any amendment to this Agreement must be in writing and agreed to by the governing bodies of all Participating Jurisdictions. c. No officer or employee of any of the Participating Jurisdictions has authority to waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Participating Jurisdiction. R31110B2.doc -240- 6. Withdrawal. a. A Participating JurisdiCtion may withdraw from this Agreement upon thirty (30) days wdtten notice to the~ Local Project Officer, transmitting a copy of the action of the Participating Judsdiction's governing body. b. If the withdrawal is du~e to material or significant breach of any of the provisions of this Agreement, a Participating Jurisdiction may withdraw immediately upon deliverrY of written notice to the Local Project Officer. 7. Damages. It is expressly udderstood and agreed that nonperformance of this Agreement may not give rise to !any claim for costs or damages by any Participating Jurisdiction. 8. Participation Notice. Each Participating Jurisdiction shall notify the Local Project Officer of its participation in this iAgreement by furnishing an executed original of the attached Participation Notice. 9. Administrative Services. The City of Corpus Christi agrees to provide administrative services necessary to coordinate this Agreement, including timely notifying Participating JurisdictiOns of new participants and withdrawals, and providing Participating Jurisdictions with ~ current list of contact information for each Participating Jurisdiction. 10. Federal and State Participation. Federal and state entities may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the Local Project Officer. 11. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Participating Jurisdictions and not the benefit · of any third Parties. 12. Exercise of Police Power, This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Participating Jurisdictions, exemised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons, and the Participating Jurisdictions do not have nor be deemed to have any duty to any particular person or persons. 13. 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 Participating Jurisdictions 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. 14. No Liability of Participating Jurisdictions to Other Participating Jurisdictions. One Participating Jurisdiction may not be responsible and may not be civilly liable to another Participating Jurisdiction for any act or omission under this agreement. Each Participating Jurisdiction to waives all claims against the other Participating Jurisdictions R31110B2.doc -241- to for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performanCe of this Agreement. 15. Captions. Captions to proFisions of this Agreement are for convenience and shall not be considered in the interpr~etation of the provisions. Expending Funds. a. Each Participating Jurisdiction which performs services or furnishes aid under this Agreement must do ~so with funds available from current revenues of the Participating Jurisdiction~ b. No Participating Juris funds to provide aid und 17. Interlocal Cooperation A, under this Agreement are "gow Participating Jurisdictions are" Agreement and in the Interloca diction shall have any liability for the failure to expend ;r this Agreement. :t. The Participating Jurisdictions agree that activities ~rnmental functions and services" and that the ocal governments" as that term is defined in this Cooperation Act. 18. Entirety. This Agreement ~Ontains all commitments and Agreements of the Participating Jurisdictions with respect to the mutual aid to be rendered under this Agreement during or in connection with a disaster. No other oral or written commitments of the Participating Jurisdictions with respect to mutual aid under this Agreement shall have any force or effect if not contained in this Agreement, except as provided in Section 6 above. 19. Severability. If a previsior~ contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 20. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a prevision 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 shall continue in frill force and effect. 2t. Warranty. The Agreemenl~ has been officially authorized by the governing body of each Participating Jurisdiction to and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Participating Jurisdiction to this Agreement. R31110B2.doc -242- 22. Governing Law and Venue. a. This Agreement shall Ibe governed by the laws of the State of Texas. bo Venue for an action a~ising under this Agreement shall be in accordance with the Texas Rules of Civil procedure. R31110B2.doc -243- LIST OF I City of Alice City of Aransas Pass City of Beeville City of Bishop City of Corpus Christi City of Fulton City of George West City of Gregory City of Ingleside City of Ingleside On The Bay City of Kingsville City of Lake City City of Lakeside City of Mathis City of Odem City of Orange Grove City of Port Aransas City of Portland City of Robstown City of Rockport City of Sinton City of Skidmore City of Taft R31110B2,doc EXHIBIT A )ARTICIPATING JURISDICTIONS City of Three Rivers Aransas County Bee County Jim Wells County Kleberg County Live Oak County Nueces County San Patricio County -244- PARTICIPATION NOTICE (n~ame of entity) has approved participation in the Coastal Bend Mitigation Action Plan Interlocal Cooperation Agreement, by lawful action of its goveming body, a true copy of Which is attached and incorporated in this Agreement. i (name) is designated as our Hazard Mitigation Coordinator and point of contract for this Agreement. (title) Name of Official Date Title R31110B2.doc -245- 20 CITY COUNCIL AGENDA MEMORANDUM August 19, 2003 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute the annual software/hardware maintenance renewal with Kronos, Inc. of Chelmsford, MD in an amount not to exceed $43,875.37. Included in the renewal is software support and hardware replacement supportl ISSUE: Software and hardwar~ must be maintained to allow for continued operation of the time management system, ul~grades and improvements and to ensure that it stays compatible with other systems. Kronos, Inc. provided a quote for annual maintenance from August 22, 2003 through AuguCt 21, 2004 of the City of Corpus Christi's Kronos system. Kronos, Inc. is the sole provider of Kronos application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On July, 25 2000, City Council authorized the purchase of the Kronos time management ~ystem from Kronos Inc. FUNDING: Amount Budgeted Source of Funds (where budgeted) $ $43,875.37 5210-40470-530160 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke, P.E. Director of MIS Attachments: None -249- KRONOS® Remit To: KRONOSINCORPORATED PO BOX 845748 BOSTON, MA 02284-8748 REVISED INVOICE Page 1 of 1 297 BILLERICA ROAD CHELMSFORD, MA 01824 409183 5/15/2003 NET 30 DAYS BiCity of Corpus Christi I!Attn: Accounts Payable L: 1201 Leopard LiCorpus Christi T:Texas 01178401 Nnnual Maintenance Renewal SlCity of Corpus Chr st' H: I: 1201 Leopard P!Corpus Christi TiTexas 0!78401 8600615-011 480F,FULL,B/C,256K 3 08/27/03 08/22/04 $ 169.83$ 509.48 8600615-011 480F,FULL,B/C,256K 3 08/27/03 08/22/04 $ 165.03$ 495.09 8600615-011 480F,FULL,B/C,256K 34 08/27/03 08/22/04 $ 174.64$ 5,937.93 5600615-021 480F,FULL,B/C,512K 1 08/27/03 08/22/04 $ 183.37, $ 183.37 5600947-001 aP KIT,ETHERNET BOARD,400 36 08/27/03 08/22/04 $ 36.70 $ 1,321.32 3600947-001 aP KIT, ETHERNET BOARD,400 6 08/27/03 08/22/04 $ 35.66 $ 213.99 8602000-001 MODEL 4500,FULL, NUMERIC 1 06/02/04 08/22/04 $ 43,41 $ 43.41 8602000-001 MODEL 4500,FULL, NUMERIC 3 09/28/03 08/22/04 $ 182.90$ 548.69 8602000-001 MODEL 4500,FULL, NUMERIC 1 08/22/03 08/22/04 $ 202.91 $ 202.91 8602000-O01 MODEL 4500,FULL, NUMERIC 1 03/19/04 08/22/04 $ 84.20 $ 84 - 8602000-001 MODEL 4500,FULL, NUMERIC 2 10/25/03 08/22/04 $ 167.89$ 335 8602000-001 MODEL 4500,FULL, NUMERIC 3 03/10/04 08/22/04 $ 89.05 $ 267.16 8602000-001 MODEL 4500,FULL, NUMERIC 2 08/22/03 08/22/04 $ 202.91 $ 405.82 8601781-006 WORKFORCE TK V3.4,3000 1 08/27/03 08/22/04 $ 17,927.36 $ 17,927.36 8602144-004 WEC V3.4 MGR, 100 1 08/27/03 08/22/04 $ 6,112.28 $ 6,112.28 8601827-002 WT[ V3.4 DGTL T1 16 PORT, DIAL 1 08/27/03 08/22/04 $ 7,069.25 $ 7,069.25 8601671-009 WF CONNECT PRIM 3000 EMP 1 08/27/03 08/22/04 $ 1,478.22 $ 1,478.22 8601672-009 WE CONNECT ADD 3000 EMP 1 08/27/03 08/22/04 $ 739.11 $ 739.11 ~ ~ SO'WARE -- SILVER -- HARDWARE: DEPOT EXCHANGE SUBTOTAL 43,875.37 SALES TAX ~ $ 43,875.3~7 Order Customer Customer Sales Sales Number Number PO No. GP No. Rep 208541 119487-001 441000 Dallas Recurring Note! A Finance Charge of I 1/2 % per month will be added to late payments according to terms. -250- 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __August19,2003 AGENDA ITEM: Motion authorizin~ Commission ad hoc peer panel, cc recommendation for Airport "Percer ISSUE: One of the original panelist is a past Arts and Cultural Commiss the appointment of Sheila Rogers to an Arts and Cultural ~sisting of arts professionals and community peers to make for Art" project. _~reg Rubio, resigned due to time constraint. Sheila Rogers on and has agreed to serve on the panel. Ordinance Cf 19634 stipulates that no city advisory boar(~ or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appeint the panel is required. REQUIRED COUNCIL ACTION: A~pproval of Ad Hoc Peer Panelist. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Arts & Cultural Commission and City Staff recommend the Ms. Rogers be approved. David Ondrias, Director-AIC Park & Recreation Department -253- IBackground Information The make-up of the art selection panel is directed by policies and guidelines established in the Public Art Ordinance. Two arts prefessionals, two members of the area/neighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make-up of the panel. The airport staff and board made ~ecommendations to the Arts and Cultural commission of two people that would represent the airport and the Visual Arts Subcommittee of the Arts and Cultural Commission solicited local art professionals. The ad hoc peer panel members were selected with this recommendation. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one-quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. Airport staff has determined that the one and one-quarter percent of the City funds, used for the airport renovation and roadway, is $135,000. -254- 22 AC CITY COUNCIL ;ENDA MEMORANDUM City Council Action Date: August 19, 2003 AGENDA ITEM: Resolution aL~thorizing the City Manager or his designee to execute an Inter-local agreement with th~County of Nueces and County of San Patricio for the purpose of establishing a RegiOnal Health Awareness Board, ISSUE: The City Council and ~an Patricio County approved an Interlocal Agreement by Resolution which established ~Regional Health Awareness Board. The Interlocal was then forwarded to Nueces Cour~ty for action by the County Commmissioners on June 25, 2003. At the Nueces County Cbmmissioners meeting, an amendment was made to the Interlocal, changing participation with the Regional Health Awareness Board from a requirement to that of encourag!ng participation. The Ad Hoc Group of citizens who have been working on the establisht-nent of the Board has concurred with the change and requests that the City Council alpprove the new Resolution and Interlocal. This agreement between the three primary local governments in the area provides the framework for a community board to be established that receives, coordinates, routes and channeis citizens inquiries to appropriate public health and welfare organizations in the community on a voluntary basis. REQUIRED COUNCIL ACTION: A resolution must be passed authorizing the City Manager or his designee to enter an inter-local agreement with the County of Nueces and the County of San Patricio which would establish the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: None FUNDING: Administrative support will be provided by existing City and County Public Health Department staff. No direct City funding is required to support the Regional Health Awareness Board. CONCLUSION AND RECOMMENDATION: The staff recommends that the City Council adopt the resolution approving the inter-local agreement. J,~°.~ ~1 s~rtu ~' ~e~ n a ~ r Attachments: Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness Appendix A - Regional Health Awareness Board A Model for Community Dialogue - Corpus Christi, TX -257- BACKGROUNDINFORMATION For the last several months, a, group of citizens have been meeting to discuss ways to improve our community dialogue about the issues of public health and environmental issues. In February, they briefed about 50 representatives from business, community organizations and elected offidials on their progress. The Regional Health AwareneSs Development Committee has continued to meet since then and has developed a model for intergovernmental and organizational cooperation that they would like to report. The group is proposing the creation of a Regional Health Awareness Board that will be formed via an interlocal agreement between the City, the County of Nueces, and the County of San Patricio. Non-governmental organizations are also being asked to participate in this new forum that will focus on improving the communication between all entities active in public health and environmental issues. The new Resolution and Interlocal establish the vehicle to allow for the community dialogue on matters of Health and Public Welfare on a voluntary basis. -258- RESOLUTION APPROVING THE AMENDMENT OF APPENDIX A, REGIONAL HEALTH AWARENESS~ BOARD, TO THE INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WITH NUECES AND SAN PATRIClO COUNTIES RELATING TO THE COORDINATION BETWEEN THE REGIONAL HEALTH AWARENESS BOARD AND OTHER CITY AND COUNTY BOARDS, COMMISSIONS, AND ADVISORY COMMITTEES Whereas, the City Council by F I nterlocal Agreement to Promo! with Nueces and San Patricio Whereas, following the approw Nueces County Commissioner.~ Awareness Board, to the interl¢ Regional Health Awareness Be esolution 025359 on June 24, 2003, approved the Community Dialogue on Regional Health Awareness ounties; and of the interlocal agreement by the City Council, the Court amended Appendix A, Regional Health cai agreement relating to the coordination between the ard and other City and County boards, commissions, and advisory committees; and ' Whereas, the substantive change made by the Nueces County Commissioners' Court requires the concurrence of the City Council and the San Patricio County Commissioners' Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi approves the amendments to Appendix A, Regional Health Awareness Board, to the Interlocal Agreement to Promote Community Dialogue On Regional Health Awareness as shown on Attachment A, which is attached to and incorporated into this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 14th day of August, 2003. Samuel L. Neal, Jr. Mayor R34306D1 .doc -259- Corpus Christi, Texas of ,2003 The above resolution was pas~ed by the following vote: Samuel L. Neal, Jr. Brent Chesney ~ Javier D. Colmenero , Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola , Mark Scott R34306D1 .doc -260- APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportun bend on the issues imp; 2. How the Regional Health The Regional Health AK committee with advisory dialogue. The Board's ( dialogue by citizens of £ on the issues impacting Board will serve as both addressed in the appro[ mechanism to ensure th areas. ities exist for quality dialogue by citizens of the coastal cting health, safety, environment, and life quality. rareness Board will function? areness Board will function as an independent oversight capacity to the various existing forums for community harge is to ensure that opportunities exist for quality orpus Christi, Nueces County, and San Patricio County health, safety, the environment, and life quality. The (1) a clearinghouse for ensuring that inquiries are riate forum, and (2) an overarching quality control at performance based dialogue is available in all topical The Regional Health AWareness Board will establish standards for effective dialogue and work with l~he various forums to ensure adoption of these standards. Additionally,~nformation from the Regional Health Awareness Board will be shared with the v~rious forums on a regular basis. The forums will be encourage to return rep4)rt key issues and progress back to the Regional Health Awareness Board. The City of Corpus ChriSti, Nueces County, and San Patricio County will require encourage their various iboards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations ("NGO's") with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. PartiCipation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross-section of health, environmental, and social interest. TWo of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two R34306B6.doc ATTACHMENT A -261- year term and the other appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of C0r Nueces C San Patri, Port Indu~ Texas A Texas A Texas C( 3us Christi (1 member) ounty (1 member) ;io County (1 member) ~tries of Corpus Christi (2 members) M University - Corpus Christi (1 member) M University - Kingsville(1 member) nmission on Environmental Quality, Region 14 (1 ex-offi¢ io/non-voting member) U. S. Env ronmental Protection Agency, Region VI (1 ex-officio/non- voting member) City of C(~rpus Christi/Nueces County Health Department (1 ex-offiCio/non-voting member) San Patricio Health Department (1 ex-officio/non-voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. R34306B6.doc -262- 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __August 26, 2003 AGENDA ITEM: Ordinance an ordinance no. 0203972 to car medians, and seawall along S Complex, the Barge Dock, and Resaca, Fitzgerald, Chaparral 2003 and 2004; providing for s, ending a five-year lease with Bayfest, Inc. approved by duct a festival and related activities on the sidewalks, loreline Boulevard from IH37 to the Convention Center ~djacent bay waters, and the vacant city block bounded by ~nd Water Streets ("Premises"), to revise dates for Years ~verance; and providing for publication ISSUE: Bayfest Inc. has asked lo change their dates for 2003 and 2004 due to scheduling conflicts at the Convention Can [er. REQUIRED COUNCIL ACTIOn: Council action is required to revise an ordinance. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing change Of dates. David Ondrias Acting Director, Park and Recreation -265- AGENDA MEMORANDUM Adlitional Background Information Bayfest Inc. signed a five year agreement for the use of City Property along Shoreline Drive for their annual festival. The original agreement had the dates of 8 a.m., Monday, September 151, 2003 through 8 p.m. Sunday October 5, 2003 for non- exclusive use and 12 p.mi Thursday, September 25, 2003 through Sunday, September 28, 2003 for exclusive use for 2003 and 8 a.m., Monday, September 6, 2004 through 8 p.m. Sunday September 26, 2004 for non-exclusive use and 12 p.m. Thursday, September 16, 20D4 through Sunday, September 19, 2004 for exclusive use for 2004. Due to conflicts with the Convention Center, Bayfest agreed to move their dates to 8 a.m., Monday, September 8, 2003 through 8 p.m. Sunday September 28, 2003 for non-exclusive use and 12 p.m. Thursday, September 18, 2003 through Sunday, September 21,2003 for exclusive use for the year 2003 and 8 a.m., Monday, September 13, 2004 through 8 p.m. Sunday October 3, 2004 for non- exclusive use and 12 p.m. Thursday, September 23, 2004 through Sunday, September 26, 2004 for exclusive use for the year 2004. -266- C SCALE M BS. wnm Arena Lay -down OP •Q S. V�IwAMpiph p wm,s o..usNo.a..i O w.r.,ru ,qar m,ryn... II Food Vendor Legend II (I II Game Booth Legend �.. M. N,,�. M,wlu..1 m1 i.npe a.r a - •L.""�.iuw«' SOonsor Legend d4 in a` in=L g IJ i 3 I` G,F,a3 >H _ 1 a aw ` BS. wnm Arena Lay -down OP •Q S. V�IwAMpiph p wm,s o..usNo.a..i O w.r.,ru ,qar m,ryn... .rm,r•.Ino r..xy M. N,,�. M,wlu..1 m1 i.npe a.r I II I I II I L Convention Center (parking Underground) Arena VIP U r O GJ L o _ \e tC p i _________ -- .,�--- �.A� J Selena Audi[onum Carnival ORDINANCE AMENDING A FIVE YEAR LEASE WITH BAYFEST, INC. APPROVED BY ORDINANCE NO. RELATED ACTIVITIE~ SEAWALL ALONG SH CONVENTION CENT[ ADJACENT BAY Wi BOUNDED BY RESAC STREETS("PREMISES 2004; PROVIDING PUBLICATION 023972 TO CONDUCT A FESTIVAL AND ON THE SIDEWALKS, MEDIANS, AND ORELINE BOULEVARD FROM IH 37 TO THE iR COMPLEX, THE BARGE DOCK AND ~TERS, AND THE VACANT CITY BLOCK A, FITZGERALD, CHAPARRAL AND WATER "), TO REVISE DATES FOR YEARS 2003 AND SEVERANCE; AND PROVIDING FOR WHEREAS, the City Council of~the City of Corpus Christi authorized a five-year lease with Bay/est to allow Bay/est to conduct the Bayfest Festival and related activities on the sidewalks, medians, and seawall along Shoreline Boulevard between Interstate Highway 37 and the Bay/ront Arts and Science Park; the Barge Dock; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets ("Premises"), in consideration of Bay/est paying a one-time $250 permit fee and 100% of the cost of City services for event support, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or the City Manager's designee, is authorized to execute an amendment to the fNe year lease with Bayfest, inc. to revise the dates the Premises may be used exclusively and non-exclusively by Bay/est for the years 2003 and 2004. A copy of the amendment is on file 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 this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. -268- AMENDMENT NO. I TO BAYFEST FIVE YEAR LEASE AGREEMENT WHEREAS, the City of Corpus Christi tCity) and Bayfest, Inc. (Bayfest) executed the Bayf'est Five Year Lease Agreement (Agreement) authorized by City Council on March 21, 2000 which allowed Bayfest the non-exclusive and exclusive use of certain City property for dates established in Exhibit B to the Agreement; and WHEREAS, Bayfest desires to resche( lule its dates of use of the property referenced in the Agreement; NOW, THEREFORE, the parties agree 1. Exhibit B is amended to revise the ¢ YEAR NON-EXCLUSIVE a.m. Monday, Sept. 8, 4003 2003 8:OO through 8:00 p.m. Sunday Sept. 28, 2003 2004 8:00 a.m. Monday, Sept. 13,~003 through 8:00 p.m. Sunday O¢ober 3, 2004 2. Alt other terms and conditions of the original Bayfest Five Year Lease Agreement remain the same. of Corpus Christi Bayfest, Inc as follows: ates for years 2003 and 2004 to read as follows: EXCLUSIVE 12:00 p.m. Thursday, Sept. 18, 2003 through Sunday September 21, 2003 12:00 p.m. Thursday, Sept. 23, 2004 through Sunday September 26, 2004 George K. Noe Name: City Manager Title: Attest Armando Chapa City Secretary Approved as to form: Lisa Aguilar Assistant City Attorney for City Attorney -269- 24 , CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22,2003 AGENDA ITEM: Amendmentlo the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund, using ~he trust fund to install trunk force mains and lift stations, adding the Storm Water Collection Sewer Trust Fund, and revising reimbursements procedures to developers. ISSUE: · Developers prepare to develop areas that would require major trunk line extensions, · No mechanism to reimburse developers for expenditures of installations of lift stations and trunk force mains, and · Create a mechanism for cost sharing with developers in the installation, over-sizing, over-depth of storm water collection sewer (pipes and boxes). REQUIRED COUNCIL ACTION: Approval of the proposed amer~dments to the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fundi using the trust fund to install trunk force mains and lift stations, adding the Storm Water Collection Sewer Trust Fund, and revising reimbursements procedures to developers. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed Platting Ordinance text amendment. Assistant Director of Development Services/Director of Planning Director of Engineering Services Attachments: Ordinance H:\PLN~DIR\ERMA\WORD~ZORD\PLATTINGORDINANC E S EWERTRUNKFUN DAGENDAM EMO.DOC -273- BACKGROUNDINFORMATION The amendments to the Platting Ordinance will rename the Sanitary Sewer Trunk Line Trust Fund to the Sanitary SeC(er Trunk System Trust Fund; allow the use of monies from the trust fund for the installatiqn of trunk force mains and lift stations; add a Storm Water Collections Sewer Trust FundI and revise the reimbursement procedures to developers. Below are details of the majorlchanges: · Renaming the Sanitary !Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund. · Authorizing reimbursements from the Sanitary Sewer Trunk System Trust Fund for the construction of sanitary sewer force trunk mains and lift stations, in addition to the sanitary sewer trunk lines. · Requires projects to be ,constructed to comply with applicable utility master plan to be eligible for reimbursement. · If a master plan amendment is required before a project is constructed, the developer is responsible for preparing the amendment. · In order to get reimbursed, the City Council must approve an infrastructure construction and reimbursement contract before any work is done. · Order of reimbursement will be based on the order in which the City Council approves the infrastructure construction and reimbursement contract. · Establishes the Storm Water Collection Sewer Trust Fund. The effective date will be delayed until the new Storm Water Master Plan is adopted. In order to implement the proposed amendments, the City is developing three separate contracts for infrastructure construction and reimbursement to developers. · A simple contract (short form) that will be used to reimbursement the developer at the end of construction. Bonds and insurance will not be required. · Two detailed contracts (long form) that will be used to make progress payments to the developer during construction. Both contracts will based on typical City engineering contracts, and will include requirements for insurance, performance and payments bonds, etc. Both contract required require City Council approval prior to construction. -274- Agenda Memorandum Platt ng Ordnance Text Amendment Page 2 One contract will be for projects exceeding 30% of the value of all required infrastructure oft~e proposed development and will require compliance with the State's competitive bidding procedures. The contracts will be we the developer will norm; will be when the project The Sanitary Sewer Trunk Line have been no requests from d transfer of funds from the San Collection Line Trust Fund. rked out with the Developer before the project starts, and dly have the option of the type of contract. The exception requires competitive bids. Trust Fund was created in 1982. Since its inception, there evelopers for reimbursements. There have been two (2) tary Sewer Trunk Line Trust Fund to the Sanitary Sewer he current balance of the Trunk Line Trust Fund is over $5.1 Million and expected toi grow to over $7.7 Million in the next five (5) years. Developers have not been asking for reimbursement from the Trunk Line Trust Fund because of the small size of 1he projects to justify the large expense of a trunk main, availability of trunk mains fo~ connections and the use of temporary lift stations to accommodate current develo ~nent. On July 16, 2003, the Plannin¢ Commission unanimously recommended approval of the proposed Platting Ordinance':ext amendments. There were several members of the development community that spoke in favor of the amendments during the public hearing. H:\PLN-DI R\ERMA\WORD~ZORD~PLA TTINGORDINANCE S EWERTRUN KFUNDAG ENDAMEMO.DOC -275- AN ORDINANCE AMENDING THE PL SANITARY SEWER TI SEWER TRUNK SYSTI OF THE SANITARY SE INSTALLATION OF TF ADDING THE STORM AND BY REVISIN( REIMBURSEMENTS INFRASTRUCTURE TI PROVIDING FOR E PUBLICATION. ATTING ORDINANCE BY RENAMING THE {UNK LINE TRUST FUND TO THE SANITARY "--M TRUST FUND AND AUTHORIZING THE USE :WER TRUNK SYSTEM TRUST FUND FOR THE :UNK FORCE MAINS AND LIFT STATIONS, BY WATER COLLECTION SEWER TRUST FUND, ; THE PROCEDURES FOR OBTAINING TO DEVELOPERS FROM ALL OF THE ~UST FUNDS; PROVIDING FOR SEVERANCE; :FECTIVE DATES; AND PROVIDING FOR WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning ~he amendment of the Platting Ordinance of the City of Corpus Christi (Ordinance 4168, as previously amended); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 16, 2003, during a meeting of the Planning Commission, and on Tuesday, July 22, 2003, 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 Section V.B,5. of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by adding a definition of "Fire Suppression Rating Schedule" as subdivision (12), to read as follows: "V.B.5. WATER LINES "V.B.5.b) Definitions: "V.B.5.b)(12) Fire Suppression; Rating Schedule: A publication published by ISO, Properties, Inc., which has bee~n adopted by the Texas Department of Insurance, that is used to develop a public proteCtion classification for property based on a City's fire suppression system, which includes the needed fire flow for water available at a site." R32830A2.doc -276- SECTION 2. That Section V.Bi5.f)(1) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to reaU as follows: "V.B.5.f) Credits and Reimbursbments: "V.B.5.f)(1) Arterial Transmissi~ transmission main or grid syst~ developer may install that porti meet the Distribution System $ Suppression Rating Schedule, as approximate one mile grids is available. "V.B.Sf)(1)(ii) Reimbursement: transmission main or grid main be reimbursed (less any lot/act Arterial Transmission Mains Tr or grid main installed by the de Distribution System Standards ~n and Grid Main Extensions: In the event of the arterial m is not in place when required for development, the ~n of arterial transmission main or grid main necessary to [andards, Water Transmission Master Plan, and Fire provided, however, the grid system shall be developed ~eyond the existing grid to ensure that sufficient service If the developer costs for installation of such arierial are greater than the lot/acreage fee, the developer shall ~age fee credits) from funds available from the Grid and dst Fund for that portion of the arterial transmission main /eloper up to a maximum of that which is required by the [o complete the next grid loop from the grid system in place or under construction prior to the developer's installation, i.e., if any portion of a grid loop is in place or under construction prior to the developer's installation, the developer may be reimbursed for completing that grid loop, plus up to a maximum of one additional grid loop, if such installation is required by the Distribution System Standards. Provided, however~ in order to be reimbursed as set forth in this subsection: "V. B.5.f)(1 )(ii)(2) If the location main or qrid main is not consis Distribution System Standards developer's application for reirr to the Distribution System Star developer must prepare and si Standards to the Directors of directors approve the proposec ir size of the developer's proposed arterial transmission ent with the City's Water Transmission Master Plan, and the Fire Suppression Ratinq Schedule, the bursement may not be considered until an amendment dards has been approved by the City Council. The bmit a draft amendment to the Distribution System r~qineerinq Services and Development Services. If the amendment, the amendment must be submitted to the Planninq Commission for its re ~ommendation, and to the City Council for consideration. "V.B.5.f)(1)(ii)(3) The submissions for draft amendments to the Distribution System Standards must address the cqrrent availability of related infrastructure (includinq wastewater service, adequate Crainage facilities, and roads constructed to the standards in the Transportatior~ Plan) at the site of the proposed development and ail tracts of land alonq the route o[ the proposed transmission or ,qrid main extensions. The draft amendment to the Distrib~Jtion System Standards should contain a recommended sequencing of construction of tiansmission or qrid main extensions across the City based on the developer's survey of development community. R32830A2.doc -277- "V.B.5.f)(1)(ii)(4) Such ~,.,. ................................ An arterial transmission main or grid main construction and reimbursement agreement has been approved by the City Council before the developer slarts construction. Such reimbursement shall only be made when mon es are fu y ava able in and appropriated from the Grid and Arterial Transmission Mains Trust Fund. The order of reimbursement will be determined according to the date the ":-* :" ¢;i.~.1 ~- ....... ,~1 ,:,:+~, ,k~ r- .... *" ~'"'"~' arterial transmission main or qrid mainiconstruction and reimbursement agreement s approved by the City Council." SECTION 3. That Section V.Bt5.f)(2)(ii) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.f)(2) Distribution Main Extensions: * * * "V.B.5.0(2)(ii) Reimbursement: If the developer costs for installation of such distribution main are greater than the lot/aCreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the "maximum extension" criteria described above. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.5.f)(2)(ii)(2) If the location ior size of the developer's proposed distribution main is not consistent with the City's Dtstribution System Standards and Fire Supression Rating Schedule, the developer's appllication for reimbursement may not be considered until an amendment to the Distribution System Standards has been approved by the City Council. The developer must prepare and submit a draft amendment to the Distribution System Standards to the Directors of Enqineerinq Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planninq Commission for it~ recommendation, and to the City Council for consideration. "V.B.5.f)(1)(ii)(3) The submissi¢ns for draft amendments to the Distribution System Standards must address the c~rrent availability of related infrastructure (including wastewater service, adequate drainage facilities, and roads constructed to the standards in the Transportatior~ Plan) at the site of the proposed development and all tracts of land alonq the route of the proposed distribution main extensions. The draft amendment to the Distribution iSystem Standards should contain a recommended sequencing of construction of distribution main extensions across the City based on the developer's survey of develoPment community. "V B 5 f)(2)(ii)(4) ~''''~' .~n,-dir..-~-:.-~n { .... imk ........ ~' :¢ An distribution main extension construction and reimbursemept agreement has been approved by the City Council before the developer starts cor~struction. Such reimbursement shall only be made when monies are fully available in and appropriated from the Distribution Mains Trust Fund. R32830A2.doc -278- The order of reimbursement will be determined according to the date the ~ ...................... · ...... d~tnbubon main extension construcbon and reimbursement agreement is approved by the City Council. in instances where properties are adjacent to a dis~tribution main installed by others, a front foot charge of $5.20 per foot will be charged fbr that portion of the main fronting the property, to be paid when the property is developed." SECTION 4. That Section V.BI6.b) of the Platting ?dinance of the City of Corpus Christi, Texas, is amended by ~dding definitions of trunk force main" and "sanitary sewer trunk system constructioln and reimbursement agreement," as new subdivisions (11) and (12) to read as follow~: "V.B.6.a) Defintions: "V.B.6.a)(11) Trunk Force Mai0: A sanitary sewer line that is at least 8" diameter that conveys wastewater under pre~sure. "V.B.6.a}(12) Sanitary Sewer Tlrunk System Construction and Reimbursement Agreement. A trunk line construction and reimbursement agreement, trunk force main construction and reimburseme~tt agreement, or lift station construction and reimbursement aqreement." SECTION 5. That Section V. Bi6.c) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.c) Payment of Fees. 'V.B.6.c)(1) Before any unit of a subdivision, single lot, or tract which is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a fee of $! ~3.00 $279.00 per lot or $73! .00 $1,117.00 per acre, whichever is greater. V.B.6.c)(2) A surcharge of ,~ ...... $200.00 per lot will be charged in addition to the tap fee for service to each lot. "V.B.6.c)(3) This surcharge will apply to all property, new or existing, when a sanitary sewer service tap is applied for. All lot and/or acreage fees and pro-rata fees will be paid to the Department of Public Utilities prior to the subdivision plat being released for filing by the City. "V.B.6.c)(4) Surcharges and t~p fees will be paid to the Department of Public Utilities concurrently with the tap application for sanitary sewer service on individually platted lots/properties. R32830A2.doc -279- "V.B.6.c)(5) These fees shall aipply regardless of whether the properties are located inside or outside the city limits, except as provided in e)(1) below." SECTION 6. That Section V.B.6.e)(1) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.e)(1) Lot and acreage fees and seventy-five percent of the surcharge fees will be deposited into the Sanitary Server Trunk LJ~e-System Trust Fund for use in constructing trunk lines and reimbursing degelopers for constructing trunk lines." SECTION 7. That Section V.B.6.f) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.f) Credits and Reimbursements: "V.B.6.f)(1) Sanitary Sewer Trunk Line Extensions: In the event the trunk line system is not in place when required for development, the developer may install that portion of the trunk line system necessary to meet the established design standards. "V.B.6.f)(1)(i) Credits: If the developer installs such the sanitary sewer trunk line, the developer shall be credited for the actual installation costs up to the amount of his lot/acreage fee, provided an application for credit, including all cost-supporting documentation, has been submitted to the Director of Engineering Services/City Engineer prior to the installation of such the trunk line, and is approved by said the Director of En.qineerinq Services/City Engineer. "V.B.6.f)(1)(ii) Reimbursement: If the developer's cost for installation of such the sanitary sewer trunk line is greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Sanitary Sewer Trunk L4qes-System Trust Fund for that portion of the trunk lines installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.6.f)(1)(ii)(1) If the location,or size of the developer's proposed sanitary sewer trunk line is not consistent with the C~ity's applicable Wastewater Master Plan for the service area, the developer's applicatiqn for reimbursement may not be considered until an amendment to the applicable Wastewater Master Plan has been approved by the City Council. The developer must I~repare and submit a draft amendment to the applicable Wastewater Master Plan to thff Directors of Engineering Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planninq Comlmission for its recommendation, and to the City Council for consideration. "V.B.6.f)(1)(ii)(2) The submissicns for draft amendments to the applicable Wastewater Master Plan must address the purrent availability of related infrastructure (includinq water service, adequate drainage facilities, and roads constructed to the standards in the Transportation Plan) at the site of the proposed development and all tracts of land R32830A2.doc -280- along the route of the proposec~ trunk line extension. The draft amendment to the applicable Wastewater Master Plan should contain a recommended sequencinq of construction of trunk system improvements across the City based on the developer's survey of development community. "V.B.6.fl(1)(ii~(3) The develope~ must submit an application for reimbursement, including all cost-supporting documentat on, to the Director of Engineering Services/City Engineer prior to the installation of such ! he sanitary sewer trunk line; 3nd_. "V.B.6.f)(1)(ii)(2) .(~_Such ~pp!! :ation for reimbursement is A trunk line construction and reimbursement agreement has been approved by the City Council before the developer starts construction. "V.B.6.f)(1)(ii)(5) Such The reimbursement shall only be made when monies are available in and appropr-~-tated frpm the Sanitary Sewer Trunk Line System Trust Fund. "V.B.6.f)(1)(ii)(5)(a) The order c~f reimbursement will be determined according to the date the "~"* ;" +~'~ ~ ....... ,~ .,;,k ,:.~ r. .... :" C!erk sanitary sewer trunk system construction and reimbursement agreement is approved by the City Council. "V.B.6.f)(1)(ii}f5)fa) If a developer is owed funds from the Sanitary Sewer Trunk L4~e System Trust Fund, the developer will be given credit for ~lot/acreage fee credits from the are due on sub, sequent final plats filed with the County Clerk, which ~+~-¢~...~,.~.~,,, ...... ,,,.~ ~.~ .... ~.~..~.~;*~ to and the amounts credited will be deducted from the outstanding amounts owed to the developer by the Sanitaw Sewer Trunk Lines System Trust Fund until the total amount owed has been pa~d~ ....... of the ~.a~. ~, if the followinq ;conditions are met: "V.B.6.f)(1)(ii)(5)(a)l. The lands being platted are within or contiguous to the boundaries of the pre m nary p~ at of the originally developed property. "V.B.6.f)(1)(ii)(5)(a)2. The land will be served by the sanitary sewer trunk line for which the credit was .qiven. "V.B.6.C)(1)(ii)(5)(a}3. An exteqsion of the trunk line was not required to serve the land." V.B.6.f)(2) Collection Line Extelnsions: * * * "V.B.6.f)(2)(ii) ,Reimbursement: If the developer's cost for installation of such collection line is greater than the lot/acreage fee, the developer shall be reimbursed as herein provided (less any lot/acreage fee credits) from funds available from the Collection Line Trust Fund for that portion of the collection line installed by the developer up to the R32830A2.doc -281- maximum reimbursement criteria described above. Provided, however, in order to be reimbursed as set forth in this Subsection: "V.B.6.t)(2)(ii/(1) If the location ior size of the developer's proposed collection line is not consistent with the City's appligable Master Plan, the developer's application for reimbursement may not be coqsidered until an amendment to the applicable Master Plan has been approved by the City Council. The developer must prepare and submit a draft amendment to the applicable Master Plan to the Directors of Enqineerinq Services and Development Services. Iflhe directors approve the proposed amendment, the amendment must be submittedto the Planninq Commission for its recommendation, and to the City Council for consideration. "V.B.6.f)(2)(ii)(2) The submissi~)ns for draft amendments to the applicable Wastewater Master Plan must address the purrent availability of related infrastructure (including water service, adequate drainacie facilities, and roads constructed to the standards in the Transportation Plant at the site of that will be served by the proposed collection line extension. The draft amendment to the applicable Wastewater Master Plan should contain a recommended seque~ncin,q of construction of collection system improvements across the City based on the developer's survey of development community. "V.B.6.f)f2)('ii)(3) The developer must submit an application for reimbursement, including all cost-supporting documentation, to the Director of Engineering Services/City Engineer prior to the installation of such *~he collector line; 3nd_. "V.B.6.f)(2)fii}(4) Such application for reimbursement is-An collection line extension construction and reimbursement agreement has been approved by the City Council before the developer starts coqstruction. "V.B.6.f)(2)(ii)(4)(a) Such The reimbursement sha!! may only be made when monies are fully available in and appropriated from the Collection Line Trust Fund. "V.B.6.f)(2)(ii)(4)(b) The order of reimbursement will be determined according to the the ~. ................................... · ...... artenal transmission main or qrid main construction and reimbursement a,qreement is approved by the City Council. "V.B.6.f)(2)(ii)(4)(c) In instances where properties are adjacent to a collection line installed by others, a front foot pro-rata charge of $6.20 per foot will be charged for that portion of the line fronting the property, to be paid when the property is platted. "V.B.6.f~f2)fii)f4)fd) If a developer is owed funds from the Collection Line Trust Fund, subsequent lot/acreage fee credits from subsequent final plats filed with the County Clerk, which lands are within or contiguous to the boundaries of the preliminary plat of the originally developed property and which will be served by the sanitary sewer collection line for which the original credit was given, but will not be served by any trunk or collection line extension, may be credited to the outstanding amounts owned to the developer by the Collection Line Trust Fund until the total amount owed has been paid regardless of the order of reimbursement. R32830A2.doc -282- "V.B.6.f)(3) Sanitary Sewer Trunk Force Main Extensions: If a trunk line or trunk force main system is not in place whgn required for development, the developer may install that portion of the trunk force r0ain system necessary to meet the established desiqn standards. "V.B.6.f)(3)(i) Credits: If the de developer shall be credited for Iot/acreaqe fee, provided an al: documentation, has been subn Engineer prior to the installatio of Enqineerinq Services/City E "V.B.6.f')(3)(ii) Reimbursement: trunk force main is qreater that (less any Iot/acreaqe fee credit System Trust Fund for that por Provided, however, in order to eeloper installs the sanitary sewer trunk force main, the :he actual installation costs up to the amount of his )lication for credit, including all cost-supporting dtted to the Director of Enqineerin.q Services/City of the trunk force main, and is approved by the Director igineer. If the developer's cost of installinq a sanitary sewer the lot/acreage fee, the developer will be reimbursed ~) from funds available from the Sanitary Sewer trunk ion of the trunk force mains installed by the developer. ~e reimbursed as set forth in this subsection: "V.B.6.f)(3)(ii)(1) If the location not consistent with the City's al developer's application for reirr to the applicable Master Plan must prepare and submit a dra Directors of Enqineerinq Servk or size of the developer's proposed trunk force main is ~plicable Master Plan for the service area, the bursement may not be considered until an amendment as been approved by the City Council. The developer amendment to the applicable Master Plan to the es and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planninq Commission for its recommenc ation, and to the City Council for consideration. "V.B.6.f)(3}(ii)(2) The submissiqms for draft amendments to the applicable Wastewater Master Plan must address the purrent availability of related infrastructure (includinq water service, adequate draina~qe facilities, and roads constructed to the standards in the Transportation Plan) in the iarea that will be service by the proposed trunk force main. The draft amendment tq the applicable Wastewater Master Plan should contain a recommended sequencinq of qonstruction of trunk system improvements across the City based on the developer's survey of development community. "V.B.6.0(3)(ii)(3) The developer must submit an application for reimbursement, including all cost-supporting documentation, to the D rector of Engineering Services/City Engineer prior to the installation of the sanitary sewer trunk force main. "V.B.6.f)(3)(ii}(4) A trunk force fnain construction and reimbursement aqreement has been approved by the City Cogncil before the developer starts construction. "V.B.6.f)(3)(ii)(5) The reimbursement shall only be made when monies are available in and appropriated from the Sanitary Sewer Trunk System Trust Fund. R32830A2.doc -283- "V.B.6.f)(3)(ii)(5)(a) The order of reimbursement will be determined accordin.q to the date the sanitary sewer trunk system construction and reimbursement agreement is approved by the City Council. "V.B.6.f~(3)(ii)(5)(b) If a develolqer is owed funds from the Sanitary Sewer Trunk System Trust Fund, the developer w be given credit for ot/acreage fees that are due on subsequent final plats filed with the County Clerk, and the amounts credited will be deducted from the outstandinq ~amounts owed to the developer by the Sanitary Sewer Trunk System Trust Fund until lhe total amount owed has been pa d, if the following conditions are met: "V.B.6.f)(3)(ii)(5)(b)'/. The land~s being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property. "V.B.6.f)(3)(ii)(5)(b)2. The landi will be served by the trunk force main for which the credit was qiven. "V.B.6.f)(3)(ii)(5)(b)3. An exteqsion of the trunk force main was not required to serve the land. "V.B.6.f)(4) Sanitary Sewer Lift, Station Installations: If a sanitary sewer lift station is not in place or the one that is in piece is inadequate when required for development, the developer may nsta or up.qra~le the lift station to meet the established desiqn standards for ultimate development. "V.B.6.f)(4)(i) Credits: If the dffveloper installs or upgrades a lift station, the developer shall be credited for the actual iinstallation costs up to the amount of his lot/acreage fee, provided an application for cre¢it, including all cost-supporting documentation, has been submitted to the Director of Engineering Services/City Engineer prior to the installation or upgrading of the lift station, and is approved by said Enqineer. "V.B.6.~(4)(ii) Reimbursement~ If the developer's cost of installing or upgrading a lift station is greater than the Iot/apreage fee, the developer will be reimbursed (less any Iot/acreaqe fee credits) from fuinds available from the Sanitary Sewer Trunk System Trust Fund for that portion of the lift station installed or upgraded by the developer. Provided, however, in order tolbe reimbursed: "V.B.6.f')(4)(ii)(1) If the location; or size of the developer's proposed lift station is not consistent with the City's appli~;able Master Plan for the service area, the developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has be~en approved by the City Council. The developer must prepare and submit a draft am~endment to the applicable Master Plan to the Directors of En.qineering Services and De~lelopment Services. If the directors approve the proposed amendment, the amendment rpust be submitted to the Planninq Commission for its recommendation, and to the City Council for consideration. "V.B.6.f)(4)(ii)(2) The submissions for draft amendments to the applicable Wastewater Master Plan must address the, current availability of related infrastructure in the area R32830A2.doc -284- that will be service by the prop(psed lift station. The draft amendment to the applicable Wastewater Master Plan shoul¢ contain a recommended sequencing of construct on of trunk system improvements ac[oss the City based on the developer"s survey of development community. "V.B.6.f')(4)(ii)(3) The develope~- must submit an application for reimbursement, includinq all cost-supporting documentatlon, to the Director of Enqineerinq Services/City Engineer prior to installinq or upgrading the lift station. "V.B.6.f)(4)(ii)(4) A lift station c,)nstruction and reimbursement agreement has been approved by the City Council b ~fore the developer starts construction. "V.B.6.f)(4)(ii)(5) Reimbursemffnt may only be made when monies are available in and appropriated from the Sanitary Sewer Trunk System Trust Fund. "V.B.6.f)(4)(ii)(5)(a) The order 9f reimbursement will be determined according to the date the sanitary sewer trunk system construction and reimbursement agreement is approved by the City Council. "V.B.6.f)(4)(ii)(5)(b) If a develol~er is owed funds from the Sanitary Sewer Trunk System Trust Fund, the developer will .l~e given credit for lot/acreage fees that are due on subsequent final plats filed wittl the County Clerk, and the amounts credited will be deducted from the outstanding ~mounts owed to the developer by the Sanitary Sewer Trunk System Trust Fund until ~[he total amount owed has been paid, if the followinq conditions are met: "V.B.6.f)(4)(ii)(5)(b)l. The landis being platted are within or contiguous to the boundar es of the pre im nary pllat of the originally developed property. "V.B.6.f)(4)(ii)(5)(b)2. The landi will be served by the lift station for which the credit was Riven. "V.B.6.0(4)(ii)(5)(b)3. A new lift station additional trunk line extension was not required to serve the land. "V.B.6.f)(4)(ii)(5)(b)4. The newI development did not require the modification or expansion of the lift station seryinR the land. "V.B.6.f)(5) No Double Credit: A lot/acreage fee for the same property may only be credited against either the Sanitary Sewer Trunk L4~e-System Trust Fund or the Collection Line Trust Fund, but, not against both trust funds." SECTION 8. That Section V.B~ of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by revising the introductory paragraph and by adding a new Section V.B.10. to read as follows: "V.B. MINIMUM STANDARDS. The following minimum standards for subdivision street infrastructure improvements shall be met as a condition of approval of construction R32830A2.doc -285- plans by the Director of Engineering Services/City Engineer and before approval of a plat by the Planning Commissi~)n. "V.B. 10. STORM WATER COLLECTION SEWERS "V.B. 10.a) Definitions: "V.B.IO.a)(1) AcreaRe Fee: Tl~e fee required to be paid by the developer based on the acreaqe in the development, ir~cludin.q parks, streets, and drainage dedications. "V.B.IO.a)(2) Fee Value: The ~,alue of the fees that the property would be charqed, nc udinq Iot/acreaqe fee and Surcharge. "V.B.10.a)(3) Lot Fee: The fee required to be paid by the developer based on the number of lots in the develoPment. "V.B.10.a)(4) Pro-rata: A fee required to be paid by the developer as a front foot charge for the portion of storm water qollector sewer adjacent to the property that is required for the development, but installed iby others. "V.B.10.a)(5) Storm Water Collector Sewer: An underqround storm water conveyance that connects to a major drainage ditch or storm water collector drainage ditch "V.B. 10.a)(6) Surcharge: A $1300.00 fee to be charqed in addition to tap fees for sinqle- family or duplex utility connectlons to be paid when the tap fee is paid. "V.B.10.a)(7) Tap Fee: The fee to be paid that provides a connection for city-owned utilities. "V.B.10.b) Before any unit of at subdivision, or sin.qle lot, or tract for which the zoning is other than sin.qle-family or dupilex use is completed and the final plat signed, the developer will be required to play to the City of Corpus Christi a fee of $000.00 per lot or $000.00 per acre, whichever i~ greater. If the subdivision is zoned for sinqle-family or duplex use, the fee shall be $000.00 per lot or $000.00 per acre, whichever is greater. A surcharqe of $000.00 per lot will be charqed for each lot zoned for sinqle-family or duplex use only. This surcharge will apply to all property, new or existinq, when the drainage system serving the I9t is connected to the storm water collection sewer. All lot and/or acreage fees and pro-rata fees will be paid to the Development Service Department prior to the subdivision plat being released for filinq by the City. Surcharges will be paid to the Developmer~t Service Department concurrently with buildinq permit applications for construction of the primary residence on the lot for lots located within the City, and before filin.q of the final plat for lots located within the City's extraterritorial jurisdiction. These fees are applicable regardless of whether the properties are located inside or outside the city limits~ except as provided in (k) below. R32830A2.doc -286- "V.B.10.c) Lot1 acrea.qel and s~ Collector Sewer Trust Fund for sewers, and reimbursing devel~ "V.B.10.d) All fees and charqe., published in the Enq neerin.q N, ~rchar.qe fees will be deposited into the Storm Water use in oversizing and constructinq storm water collector ~ers for constructinq storm water collector sewers. will be indexed to the Auqust Construction Index .~ws Record and adiusted September 1 each year. "V. B. 10.e) Credits and Reimbulsements: / "V.B.10.e)(1) Storm Water Collector Sewer Extensions: In the event of the storm water collector sewer is not in place When required for development, the developer may install that portion of the storm water ~ollector sewer necessary to meet the Storm Water Master Plan. "V.B. 10.e)(2) Credits: If the de developer shall be credited for acreage fee, provided an appli~ documentation, has been subn Engineer prior to the installatiol En.qineerin.q Services/City En.qi /eloper installs the storm water collector sewer, the :he actual installation cost up to the amount of his lot :ation for credit, includin.q all cost-supportin.q ,itted to the Director of Enqineerin.q Services/City of such qrid main, and is approved by said Director of fleer. "V.B.10.e)(3) Reimbursement: i lf the developer costs for installation of the storm water collector sewer are greater thaO the IotJacreaqe fee, the developer shall be reimbursed (less any Iot/acreaqe fee credit~) from funds available from the Storm Water Collector Sewer Trust Fund for that portign of the storm water collector sewer installed by the developer. Provided, however,i in order to be reimbursed as set forth in this subsection: "V.B. 10.e)(3)(i) If the location o~r size of the developer's proposed storm water collector sewer is not consistent with th~ City's Storm Water Master Plan for the drainaqe basin, the developer's application for ~'eimbursement may not be considered until an amendment to the Storm Water Master Plan has been approved by the City Council. The developer must prepare a~d submit a draft amendment to the Storm Water Master Plan to the Directors of En.qineffrin.q Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planninq Commission for its repommendation, and to the City Council for consideration. "V.B.10.e)(3)(ii) The submissiops for draft amendments to the Storm Water Master Plan must address the current availability of related infrastructure (including water and wastewater service and roads ponstructed to the standards in the Transportation Plan) at the site of the proposed development and all tracts of land that will be served by the proposed storm water collecto~ sewer. The draft amendment to the applicable Wastewater Master Plan shoulFI contain a recommended sequencing of construction of storm water maior drainage channels and storm water collector systems across the City based on the developer's survey of development community. "V.B. 10.e)(3)(iii) The develope[ must submit an application for reimbursement, includinq all cost-supporting documentation, to the Director of Enqineerinq Services/City Engineer prior to the installation of the s~orm water collector sewer; and R32830A2.doc -287- "V.B.10.e)(3)(iv) A storm water Follector sewer construction and reimbursement a~lreement has been approved rby the City Council before the developer starts construction. "V.B. 10.e/(3)(v) The reimbursement shall only be made when monies are available in and appropriated from the Storm Water Collector Sewer Trust Fund. "V.B. 10.e)(3)(vi) The order of rffimbursement will be determined according to the date the storm water collector, sewe. ~system construction and reimbursement a.qreement, is approved by the C~ty Council. ' "V.B. 10.e)(3)(vii) If a developer;is owed funds from the Storm Water Collector Sewer Trust Fund, the developer will I~e .qiven credit for Iot/acreaqe fees that are due on subsequent final plats filed with~ the County Clerk, and the amounts credited will be deducted from the outstanding [amounts owed to the developer by the Storm Water Collector Sewer Trust Fund u'nl~il the total amount owed has been paid, if the followinq conditions are met: "V.B.10.e)(3)(vii)(1) The ands tpein~q platted are within or contiquous to the boundaries of the preliminary plat of the originally developed property. "V.B.10.e)(3)(vii)(2) The land will be served by the storm water collector sewer for which the credit was .qiven. "V.B.10.e)(3)(vii)(3) An extension of the storm water collector sewer was not required to serve the land. "V.B.10.0 Once every two yeaf]sI the City Council shall review the adequacy of all fees and char.qes established in V.B. 10 and the sufficiency of the Storm Water Collector Sewer Trust Fund and may, afler a public hearinq, adopt a new schedule of fees and charges. "V.B.IO.q} The following categories of property are exempt from the Iot/acreaqe fees of this section: "V.B.10.q)(1) When the lot/acreage fees have been paid throuqh platting for property, and such property for which fees have been paid is replatted, an additional Iot/acreaqe fee will not be paid except thati if at the time of replattin.q, the land use has chan.qed to where the hiqher lot/acreage fee applies, the re-subdivider will then pay the City the difference in such higher and lower fee rate." SECTION 9. That to the extent that this amendment to the Platting Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Platting Ordinance, as amended by this ordinance. SECTION 10. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. R32830A2.doc -288- SECTION 11. If for any reasoni any section, paragraph, subdivision, clause, phrase, word or provision of this ordinar~ce 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 12. Section 8 of this the Storm Water Master Plan f¢ SECTION 13. The remaining of the ordinance. ordinance goes into effect upon the formal adoption of r the City of Corpus Christi. actions of this ordinance are effective upon publication SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City ~harter of the City of Corpus Christi. R32830A2.doc -289- That the foregoing ordinapce was read for the first time and passed to its second reading on this the P-~, day of ~-~'h ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison ~.~1~ Jesse Uoyola Mark Sco~ That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the __ ATTEST: ,2003 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of .,2003. Armando Chapa City Secretary APPROVED: 16th day of July, 2003: Acting City Attorney Samuel L. Neal, Jr. Mayor R32830A2,doc -290- 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Au.qust 19, 2003 AGENDA ITEM: ~ · I A. Mobon amending Motion~ 2003.267, rescheduling the date of the adoption of the ad valorem tax rate of ~0.644175 per $100 valuation from August 26, 2003 to September 9, 2003· = Motion amending Motion! # 2003.268, rescheduling the public hearing on the ad valorem tax rate from August 19, 2003 to August 26, 2003 during the regular City Council meeting beginnirlg at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. ISSUE: On July 22, 2003, City Council approved two motions to schedule dates for the adoption of the ad valorem tax rate and a pu~31ic hearing on the proposed tax rate increase. In order to comply with the stringent publication requirements established by the State Property Tax Code, it is necessary to reschedule both the public hearing and the meeting to adopt the tax rate. REQUIRED COUNCIL ACTION: Approval of the motions as presffnted to re-schedule dates for the adoption of the City's ad valorem tax rate and a public hearing. PREVIOUS COUNCIL ACTIONi: · Tuesday, July 22, 2003 - City Council adopted the City budget for FY 2003-2004 based on the proposed tax rate of $0.644175 per $100 valuation. FUTURE COUNCIL ACTION: · Tuesday, August 26, 2003 - City Council will conduct a public hearing on the ad valorem tax rate. · Tuesday, September 9, 2003 - City Council will adopt the ad valorem tax rate of $0.644175 per $100 valuation as an emergency· CONCLUSION AND RECOMMENDATION: Staff recommends that the motions be approved as presented. Constance Sanchez Acting Director of Financial Services -293- BACKGROUNDINFORMATION The State Property Tax Code requires that a public hearing be held when a taxing unit proposes to impose a tax rate tllat exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate. The effective tax rate is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start rollback procedures. The r~ollback tax rate divides the overall property taxes into two categories - maintenance and qperations (M&O) taxes and debt service taxes. The M&O portion of the tax rate is the ~ate that would be needed to raise eight pement more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The debt portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M&O portion, however, may rise only eight percent. The fiscal year 2003-2004 City budget includes a proposed tax rate of $0.644175 per $100 valuation. It is projected that this proposed rate will exceed 103 percent of the effective tax rate. Therefore, the City is required to conduct a public hearing. -294- 26 AN ORDINANCE ABANDONING AND VACATING A 1.314 ACRE TRACT OF LAND OF A DEDICATED 40-FOOT WIDE UNDEVELOPED PUBLIC STREET RIGHT*OF-WAY OUT OF LOTS 14, 15, 16, 17, 18, & 19, SECTION 22, FLOUR BLUFF ENCINAL FARM & GARDEN TRACTS; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PRQPERTY WITHIN 180 DAYS AT IT S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.314 acre tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of, Lots 14, 15, 16, 17, 18, & 19, Section 22, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 4%43, Map Records Nueces County, Texas, that the owner, Mostaghasi Investment Trust, (Owner), wishes to have abandoned and vacated; 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 for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1.314 acre tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of Lots lz/, 15, 16, 17, 18, & 19~ Section 22, Flour Bluff Encinal farm 8, Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that payment of the fair market value be waived because Owner will be dedicating a public street right-of-way of greater value to off-set the proposed vacating and abandonment of public right-of-way. That the abutting property owners replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 19th day of August, 2003. \\CLSTR 1 _USERS2_SERVER\USERS2kLEG-DIRLIoseph\ORD- fbe fgt-22.doc -299- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /~r~-- // , , 2003 By: Joseph~Harn~y L~ Assistant City Attorney For City Attorney \\CLSTR1 _U SERS2_SERVER\U SERS2~LEG-DIR~Joseph\ORD-foefgt-22.doc -300- CIMARRDN BLVD. STREET 'x,,~CLnSURE TRACTS WDDLVERINE DR. MITRA PKWAY 'SITE' (KING'S GARDEN UNITS 1 & 2) LBCAT 1 ON HAP EXHIBIT "C" (CONTINUED) -301 BASS AND WELSH ENGINEERING J CORPUS CHRISTI. TX J COMP. NO. EXB-STR-CLOSE2 J JOB NO. 03015 J SCALE: 1" = 600' I PLOT SCALE: SAME i PLOT DATE: 8/7/03 SHEET 2 OF2 N29'OO'OO"E 37.30 TRACT 1, 4104 Si (STREET CLOSURE)------.._ 20'F (STREET CLOSURE) ~ LOT 1 7 ~111 TRACT ..5, 8206 SF CL ClMARRON BLVD. LOT 16 ~STREET R.O,.W TO BE DEDICATED WITH KING S GARD~ UNIT 1, 1.468 AC. g I I (STREET CLOSURE)-~ TRACT 4. 8206 SF 20' osu. ~T 5, 9225 SF ~ 6, 9650 SF (S~E~ CLOSURE) ~ (~ ccosu~D 40.00' LOT LOT 1 5 14 TOTAL AREA OF STREET CLOSURE (TRACTS 1 - 7) -- 5724-7 SF = 1.514 '"". EXHIBIT BASS AND WELSH ENGIt CORPUS CHRISTI, TX COMP. NO. EXB-STR-CLuoc. 1 JOB NO. 05015 SCALE: 1" = 200' PLOT SCALE: SAME PLOT DATE: 8/7/0.3 SHEET 1 OF2 27 CITY COUNCIL AGENDA MEMORANDUM July 16, 2003 AGENDA ITEM: Public hearing to consider vacating and abandoning a 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped right-turn public right-of-way between Block B and C, Island Business Center Unit 1. Ordinance vacating and abandoning a 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped right-turn public right-of-way between Block B and C, Island Business Center Unit 1; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. ISSUE: Urban Engineering on behalf of Shell Development Joint Venture, is requesting the vacating and abandonment of the undeveloped public right-of-way to allow for the future development of a new Business Center. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Margie C. Rose, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map -305- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering, on behalf of Shell Development Joint Venture, is requesting the vacation and abandonment of a 34,404.18-square foot portion of a dedicated undeveloped right-turn public right-of-way. The undeveloped right-turn lane runs from the Graham Road street right-of-way unto the Waldron Road street right-of-way. The undeveloped street right-of-way vacation and abandonment is part of a dedicated 60-foot wide undeveloped public right-of-way that's located between Block B and C, of Island Business Center Unit 1. The said portion on the public right-of-way that is being vacated and abandoned to allow for the future development of a new Business Center. Closure of the public right-of-way is subject to existing pipeline blanket easement being found in Volume 743, Page 249, Deed Records Nueces County Records, and Volume 222, Page 371, Deed Records Nueces County Records. All public and franchised utilities were contacted regarding this closure request and no objections were received. Staff recommends payment of the estimated fair market value to be $7.890_ for the portion of street right-of-way being vacated and abandoned at owner's request. EXHIBIT A -306- pnINT OF B&INN/NG' FOR N107E5 MCRIPT70N szB's6'521W 2J1. MAR. 17, 2003 SCAN: ''_ '°°' i JOB N0. 31687A3.01 181.61' SHEET: 1 OF 1 Mck C CHECKED BY: XG ---; blend ambers Center Unif 1 Vol 15, Pg '46, Mop Records of Nueces ,r County. T"05 C3 4 }AAV p0 I C2 O�0 1p OI q �'j :r Wo/dron Road V 40.00' N28'56'52'E 337.64' Block B Island Business Center Unit I Vol. 25, Pg. 46, Map Records of Nueces County, Texas C1 a5�3' C2 A-20.00' 15' OR600.002- 7''539.22' T-67.53' T-127.13' L-647.45' L-51.31' L-250.55' 0 EXHIBIT C Map to Accompany f/£C0N07£S for o 60 fool Bide strew/ closure od shown on fhe recorded plot of Islond Buvness Cmfer Unif f, o mop of which is recorded m Volume 25. Pope 46, Mop Records of Nunes County, Was MAR. 17, 2003 SCAN: ''_ '°°' JOB N0. 31687A3.01 amDATE: SHEET: 1 OF 1 DRAWN BY: RR CHECKED BY: XG ---; AN ORDINANCE ABANDONING AND VACATING A 34,404.18-SQUARE FOOT PORTION OF A DEDICATED 60-FOOT WIDE UNDEVELOPED RIGHT- TURN PUBLIC RIGHT-OF-WAY BETWEEN BLOCK B AND C, ISLAND BUSINESS CENTER UNIT 1; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIqNS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT IT S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped street right-of-way between Block B and C, Island Business Center Unit 1, as recorded in Volume 25, Pages 46, Map Records Nueces County, Texas, that the owner, Shell Development Joint Venture, (Owner), wishes to have abandoned and vacated; 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 for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped street right-of-way between Block B and C, Island Business Center Unit 1, as recorded in Volume 25, Pages 46, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value, appraised at $7,890.00 for the proposed 34,404.18-square foot portion of a dedicated 60-foot wide undeveloped right-turn public right-of-way within The Island Business Center Unit 1 Subdivision, that is to be abandoned and vacated at owner's expense. Abandonment and vacation of the public right-of-way is subject to existing pipeline blanket easements being found in volume 734, page 249 Deed Records Nueces County, Texas and Volume 222, Page 371, Deed Records Nueces County, Texas. That the abutting property owners replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. \\CLSTRI_USERS2_SERVER\USERS2~EG-DIRUoseph\ORD_isldBusCtr.doc -308- 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 19th day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ,.~6~.,~- !( ,2003 By: Assistant City Attorney For City Afforney \\CLSTR 1 _USERS2_SERVER~USERS2kLEG-DIR~Joseph~ORD-IsldBusCtr.doc -309- 28 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date; August 19, 2003) Case No.: 0603-02, Mike Yarbrou~h: A change o£ zoning from a "lq-lB" One-family Dwelling District to a "B-i" Neighborhood Business District on Yarbrough Addition, Lots 4 and 5, located on the west side of Airline Road and 600 feet south of Holly Road. Plannin~ Commission and Staff's Recommendation (06/04/03): Approval. Requested Council Action: Apl~roval of the "B-I" District and adoption of the attached ordinance. Purpose of Request: Speculative cormnercial sale. Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for speculative commercial sales purposes. The subject property consists of two (2) lots with one being vacant and the other developed with a single-family residence. North of the subject property is a "R-lB" District consisting of one (1) vacant lot and single-family residences. Further north of the "R-lB' District is a "B-3" District developed as an athletic club facility. To the south is a "R-lB" District developed with single- family residences. A "B-I" District is located at the comer of Wilderock Drive and Airline Road that extends four (4) lots to the north. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "B-4" District. Further south across Airline Road is a shopping center within a "B-4" District. Along the subject property west boundary is a townhouse development within a "A-I" District. Access for the lots are provided along Airline Road, an arterial roadway. Within 600 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Airline and Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-I" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition from low-density residential uses to commercial uses. The requested "B-I" District is consistent with the Plan's recommended land use. Applicant's Position: The applicant concurs with Plamfing Commission's recorranendation Notification: Prior to the date of this memorandum, seventeen notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. This case.is considered noncontroversial. ' N. Glanning, AICP Assistant Director of Development SerVices/ Director of Planning MG/FGM/er Attachments: 1) Zoning Report 2) Conmaents Received 3) Planning comrmssion Minutes 4) Ordinance H:\P LN- DiRkERMA\WORDkAGENDM EM\0603 -02 AGENDAM EMO DOC --313-- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0603-02 June 4, 2003 H16D Mike Yarbrough Yarbrough Addition, Lots 4 and 5, located on the west side of Airline Road and 600 feet south of Holly Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: 0.44 acre (19,035 square feet) Same as above. "R- 1B" One-family Dwelling District "B-1" Neighborhood Business District Single-family use on one (1) lot and one (1) vacant lot. Speculative commercial sale. Not applicable. Purpose of Request: Zoning Change Requested Due to Notice of Violation: Ad|acent Zonine: North, South - "R- 1B" One-family Dwelling District East - (across Airline Road) "B-4" General Business District West - "A-I" Apartment House District -314- Zoning Report Case No. 0603-02 (Mike Yarbrough) Page 2 Adiacent Land Use: North, South - Vacant lot and single-family residences. East - (across Airline Road) Undeveloped land and retail shopping center. West Multiple-family dwellings (townhomes). Number of Residential Units Allowed: "R-lB"- 3 units (7.26 dwelling~nits per acre) "B-I" - 16 units (36.30 dwelling units per acre) Estimated Traffic Generation: General Conm~ercia! - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 3,000 square feet of gross floor area (ITE manual average floor area) = 122 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Airline Road - arterial b) Holly Road - arterial Right-of-Way Design Current: a) 80-foot of right-of-way with a 48-foot back-to-back paved section. b) 80-foot of right-of-way with a 48-foot back-to-back paved section. Planned: a, b) Same as current. 2002 Traffic Count (24-hour~ w~ekday, non-directional): a) 39,674 vehicles per day (at Airline Road at Holly Road) Zoning History of Property: There has been no rezoning activity within the past five (5) years. -315- Zoning Report Case No. 0603-02 (Mike Yarbrough) Page 3 Recent Surrounding Zoning Capes: On May 27, 2003, Yarbrough Subdivision, Lots 8 and 9 were granted a change of zoning from "R- 1B" to "B- 1", located south of the subject property. In March 2003, Block B, Lotsl al~d 4 of Airline Subdivision Unit 3, located south of the subject property was granted a change of ~oning from "AB" and "R-lB" to "B-I" for a shopping center and Lot 5 was granted a Special Permit for a parking lot associated with the shopping center. In August 2002, Block 1, Lot I of Airline Subdivision Unit 3, located south of subject property was granted a change of zoning from "F-R" Farm Rural District to a "B-I" Neighborhood Business District and a "R-2" Multiple-family Dwelling District for the development of a retail center and multiple-family complex. In April 1998, Block B, Lot 3 of Airline Subdivision, located south of the subject property was granted a change of zoning from a "AB"/SP Professional Office District with a Special Permit for an auto sales lot to a "B-I" Neighborhood Business District in order to operate an ice cream shop. Planning Staff Analysis: General Characteristics anfl Background: The applicant has requested a change of zoning from a "R-lB' One-family Dwelling District to a "B-1" Neighborhood Business District for speculative commercial sales purposes. The subject property consists of two (2) lots with one being vacant and the other developed with a single-family residence. North of the subject property is a "R-lB" District consisting of one (1) vacant lot and single-family residences. Further north of the "R-lB' District is a "B-3" District developed as an athletic club facility. To the south is a "R-lB" District developed with single-family residences. A "B-I" District is located at the comer of Wilderock Drive and Airline Road that extends four (4) lots to the north. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "B-4" District. Further south across Airline Road is a shopping center within a "B-4" District. Along the subject property west boundary is a townhouse development within a "A-I" District. Access for the lots are provided along Airline Road, an arterial roadway. Within 600 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Airline and Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-I" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition from low-density residential uses to commercial uses. The requested "B-1" District is consistent with the Plan's recommended land use. -316- Zoning Report Case No. 0603-02 (Mike Yarbrough) Page 4 Potential Housing Density: The "R-lB' District permits a density of 7.26 dwelling traits per acre or three (3) units on the subject property. A "B-I" District permits a density of 36.30 dwelling units per acre or 16 units on the subject property. The increase in density will not adversely impact the adjacent street system. Heig./~t/BulldSetbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. A "B-i" District requires a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet each would be required. If the rezoning were approved, new construction on the subject property would be required to maintain a setback often (10) feet along the north and west property lines. Both the "R-lB" and "B-I" Districts limit the building height to 35 feet not to exceed three (3) stories. Signage: Signs in the "R- 1B" District are limited to one wall sign with an area not to exceed one square foot. The "B-i" District permits unlimited wall signs and one fi'eestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: The subject property has direct access to an arterial, Airline Road. The Airline Road at Holly Road intersection carries 39,674 vehicles per day. Traffic generated by a general commercial use at 122 vehicles per day, will have minimal impact on the street system. Parking/Screening: A commercial retail use requires one off-street parking space for each 200 square feet of gross floor area. A standard screening fence with a height of not less than six (6) feet would be required when a business or industrial use locates adjacent to a residential district. The subject property will be required to provide a standard screening fence along its north, south and west property lines. Pros: (Ideas in support of the request.) a) The Southside Area Development Plan recommends the subject property along the Airline Road corridor to develop commercially. b) Approval of the rezoning could initiate additional rezonings onto the adjacent single-family properties to the north as recommended by the Southside Area Development Plan. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning Map H :\PLN-DIR\ERMA\ WORD~ZONRPTS Q.003\0603-02CCREPORT.DOC -317- Ma), 19, 2003- RP ~1 O0 200 300 i I ~.~ CASE Z0603-02 R-lB One--F~Tnily Dwelling Dist. AB Professionol Office Dist. A-1 Apartment House Dist. A-2 Aportment House Dist. B-1 Neighborhood Business Dist. B-3 Business Dist, -318- B-4 Generol Business Dist. COMMENTS RECEWED FROM NOTICES MAILED Case No. 0603-02 Mike Yarbrough · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:kPLN-DIR\ERMA\WORD\COM M DA'FA\06034)2COMM ENTS DOC -319- Planmng Corarmssion Minutes June 4, 2003 Mike Yarbrough: 0603-02 REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on property described as Yarbrough Addition, Lots 4 and 5 and located on the west side of Airline Road and 600 feet south of Holly Road. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Nelghborhood Business District for speculative commercial sales purposes. The subject property Consists of two (2) lots with one being vacant and the other developed with a single-family ~tesidence. North of the subject property is a "R-lB" District consisting of one (1) vacant lot and single-family residences. Further north of the "R-lB' District is a "B-3" District developed as an athletic club facility. To the south is a "R-lB" District developed with single-family residences. A "B-I" District is located at the comer of Wilderock Drive and Airline Road that exter~ds four (4) lots to the north. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "B-4" District. Further south across Airline Road is a shopping center within a "B-4" District. Along the subject property's west boundary is a townhouse development within a "A-i" District. Access for the lots are provided along Airline Road, an arterial roadway. Within 600 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Airline and Holly Road street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-I" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition fi.om low-density residential uses to commercial uses. The requested "B-I" District is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the rezoning request. Ms. Goode-Macon added that on May 27, 2003, Yarbrough Subdivision, Lots 8 and 9 were granted a change of zoning fi.om "R-lB" to "B- 1", located south of the subject property. Chairman Berlanga opened the public hearing. Donna Vickery, representing the applicant, stated that the subject property is part of an inheritance in which the siblings would like to rezone their property separately. She reminded the Conunission that there was a similar case presented to the Commission at the previous meeting regarding property to the south of the subject property. In that case, the applicant requested similar zoning. Public hearing was closed. Vice Chairman Mims expressed concern with excess driveway cuts for the property and other adjoining lots fronting Airline Road. Mr. Saldafia stated that there would only be one access to the subject property and other adjoining lots because of the width of each lot. Motion by Mims, seconded by Richter, to forward a recommendation for approval. Motion passed with Smith, Stone, and Zamora being absent. -320- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MIKE YARBROUGH, , BY CHANGING THE ZONING MAP IN REFERENCE TO LOTSi4 AND 5, YARBROUGH ADDITION, FROM "R- lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMER6ENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mike Yarbrough for amendment to the City of Corpus Christi Zoning O~dinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 4, 2003, during a meeting of the Planning Commission, and on Tuesday, July 15, 2003, 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 I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 4 and 5, Yarbrough Addition, located on the west side of Airline Road and 600 feet south of Holly Road from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business District. (Map H16D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~JOSEPH~ONING\0603-02REGULAR.DOC -321- Page 2 of 3 SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) 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 ~'ule as to consideration and voting upon ordinances at two regular meetings so that thiJ~ ordinance is passed upon first reading as an emergency measure on this 15t~ day of July, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph~H~rney Assistant City Attorney For City Attorney ~ ,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :\LEG-DIR\JOSEPH~ZONING\O603-02REGULAR,DOC -322- Page 3 of 3 Corpus Christi, Texas __ day of ,2003 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, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOSE PH~ZONING\O603-02REGULAR.DOC -323- 29 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 19, 2003) ~as,e, No.: 0603-04~ Paul S. Veya: A change of zoning from a "R-IB" One-family Dwelling District and B I Nei .... " " ' ' " " ' ' ' - ghborhood Bus~ness D~stn~t with a SP Special Pemut to a B-4 General Busmess D~stnct on Laguna Acres, Block l, Lot 12 and a p~rtion of Lot 11, located at the southeast comer of Home Road and Teresa Street. Planning Commission and Staff's Recommendation (06/18/03): Denial of the "B-4" District, and in lieu thereof, approval a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use lirrdted to minor and major auto repair and to correct the building expansion setback subject to a site plan and 10 conditions. Requested Council Action: Deaial of the "B-4" District, and in lieu thereof, approval of a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct the building expansion setback subject to a site plan and 10 conditions and adoption of the attached ordinance. Purpose of Request: To allow the illegal expansion on Lot 12 and to meet setbacks per replat of Lots 11 and 12. Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District and a "B-I" Neighborhood Business District with a Special Permit to a "B-4" General Business District in order to legalize the auto repair building expansion on Lot 12. A portion of Lot 11 is within the area of request in order for the building to meet the required setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair facility subject to a site plan. The site plan limited the building to 2,400 square feet and the conditions required the use to be inside the building and a screening fence installed along the south and east property lines. Sometime in 1996 or shortly thereafter, a 2,071 square foot addition was made to the existing structure in violation of the approved Special Permit and without the benefit ora building permit. The applicant has owned Lot 11 since at least 1988, when the original Special Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss correction measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However, by extending the Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can be met. The remaining portion of Lot I 1 is vacant and would meet the minimum lot width and area requirements of the "R-IB" District. There are single-family residences south of he subject property in a "B-I" District and a vacant business building to the west in a "B-1" District. To the north is "R-1B" property developed as the City golf course and to the east are single-family residences in a "R-lB" District. The subject property has direct access to an arterial, Home Road, and to a local street, Teresa Street. Approval ora "B-4" District would permit uses such as auto sales, bars and dance halls at this location if the auto repair business cease to operate. Such uses are not considered appropriate when adjacent to a residential area. The adjacent residential properties have remained as a stable neighborhood. The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further undermine the stability of the residential neighborhood. However, a "B-1' District with a Special Perm/t could be considered for the seven (7) foot area of Lot 11 to allow the building to met the setback requirement. Overall, the Comprehensive Plan Elements can be supportive of a less intense business zoning due to the subject property's direct access to an arterial and its residential adjacency. The Westside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses due to the residential character. The requested "B-4" District is not consistent with the Plan's adopted future land use map. -327- Agenda Memorandum Case No. 0603-04 (Paul S. Vera) Page 2 The Planning Commission denied the '!B-4" District, and in lieu thereof, approved a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct the building expansion setback subject to a site plan and the following ten (10) conditions: ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-lB" One-family Dwelling District and the "B-I" Neighborhood Business District with a Special Permit is an auto repalr use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. VEHICLE__S: All vehicles sto~'ed on the premise must have a valid pending work order and must have a valid State inspection and licen~se sticker. Wrecked vehicles and auto salvage are prohibited. FLOOR AREA.: The total floor area used for the automotive repair use may not exceed 4,431 square feet, as shown on the attached site plan. SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the south and east property lines. Along the east property line and ten (10) feet fi.om the Home Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of-way line, the screening fence may transition from six (6) feet to three (3) feet. The screening fence must be installed within 180 days from the date of this ordinance. LANDSCAPING: A landscapk~g strip with a width of not less than five (5) feet must be located along the Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days fi.om the date of this ordinance and must be kept in a healthy and growing condition at all times. PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (I0) feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12 and a portion of Lot 11. HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m. and 7:00 p.m. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away fi.om the surrounding residences and adjacent public right-of-way. PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards. 10. TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the property is being used as outlined in condition #1, which includes obtaining a building permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other conditions. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation Notification: Prior to the date of this memorandum, twenty-three notices were mailed to the property owners within a 200-foot radius. One (I) notice, being the applicant/owner of the subject property, was returned in favor and one (1) was returned in opposition. This case could become controversial due to prior history of violations. Assistant Director of Development Services/ Director of Plaaning -328- Agenda Memorandum Case No. 0603-04 (Paul S. Vera) Page 3 MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances H:~P LN-DIR\ERMA\WORD~AGENDMEM\0603.04AGENDAM EMO.DOC -329- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: ~ Legal Description/Location: Laguna Acres, Block 1, Lot 12 and a portion of Lot Road and Teresa Street. Area of Request: Lot{s} Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: 0603-04 June 18, 2003 J14D Paul S. Vera 11, located at the southeast comer of Home 0.42 acre (18,190 square feet) Same as above. "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District with a "SP" Special Permit "B-4" General Business District Auto repair facility on Lot 12 and a portion of Lot 11. Allow the illegal expansion on Lot 12 and to meet setbacks per replat of Lots 11 and 12. Applicant notified February 18, 2003 of zoning violation for the illegal expansion of the auto sales repair shop without appropriate setbacks, permits or certificate of occupancy. -330- Zoning Report Case No. 0603-04 (Paul S. Vera) Page 2 Adiacent Zoning: North, East "R-lB" One-family ])welling District South - "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District West - "B-i" Neighborhood Busipess District Adiacent Land Use: North - (across Home Road) Muqicipal golf course. South, East - Single-family resideBces. West - (across Teresa Street) Vacant commercial building and single-family residence. Number of Residential Units Allowed: "R-lB"- 0 units (7.26 dwelling units per acre- 0.04 less than 6,000 sq. ft. per lot) "B-I" - 15 units (36.30 dwelling units per acre on 0.42 acre) "B-4" - 15 units (36.30 dwelling units per acre) Estimated Traffic Generation: Automobile care center 2.97 average weekday vehicle trip ends (weekday peak hour) per 1,000 square feet of gross floor area x 5,474 square feet of gross floor area = 16 average weekday vehicle trip ends (weekday peak hour) Adjacent Streets/Classification: a) Home Road - collector b) Teresa Street - local Right-of-Way Design Current: a) 80-foot fight-of-way with a 62-foot back-to-back paved section. b) 60-foot right-of-way with a 40-foot back-to-back paved section. Planned: a, b) Same as current. Traffic Count (24-hour~ weekda¥~ non-directional): a, b) None available. -331- Zoning Report Case No. 0603-04 (Paul S. Vera) Page 3 Zoning History of Property: In July 2000, the Planning Commission reviewed a request for a change of zoning on Lot 11 from a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair business onto the lot. The case was continued and the applicant withdrew in order to resubmit an application that included Lot 12. In May 1996, the City Council derlied a request for a change of zoning from a "B-1/SP" District to an "I-2" District in order to continue outside repair of vehicles and large tracks and semi-trailers. In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site plan and conditions. Recent Surrounding Zonin~ Caies: There has been no rezoning activity in the area within the past five (5) years. Planning Staff Analysis: General Characteristics anfl Background: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District and a "B-I" Neighborhood Business District with a Special Permit to a "B-4" General Business District in order to legalize the auto repair building expansion on Lot 12. A portion of Lot 11 is within the area of request in order for the building to meet the required setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair facility subject to a site plan. The site plan limited the building to 2,400 square feet and the conditions required the use to be inside the building and a screening fence installed along the south and east property lines. Sometime in 1996 or shortly thereafter, a 2,071 square foot addition was made to the existing structure in violation of the approved Special Permit and without the benefit of a building permit. The applicant has owned Lot 11 since at least 1988, when the or/ginal Special Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss correction measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However, by extending the Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot width and area requirements of the "R-1B" District. There are single-family residences south of he subject property in a "B-I" District and a vacant business building to the west in a "B-I" District. To the north is "R-lB" property developed as the City golf course and to the east are single-family residences in a "R-lB" District. The subject property has direct access to an arterial, Home Road, and to a local street, Teresa Street. Approval of a "B-4" District would permit uses such as auto sales, bars and dance halls at this location if the auto repair business cease to operate. Such uses are not considered appropriate when adjacent to a residential area. The adjacent residential properties have remained as a stable neighborhood. The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further -332- Zoning Report Case No. 0603-04 (Paul S. Vera) Page 4 undermine the stability of the residential neighborhood. However, a "B-I" District with a Special Permit could be considered for the seven (7) foot area of Lot 11 to allow the building to met the setback requirement. Overall, the Comprehensive Plan Elements can be supportive of a less intense business zoning due to the subject property's direct access to an arterial and its residential adjacency. The Westside Area Development Plan's adopted future land use map recommends the area to develop with low-densitFresidential uses due to the residential character. The requested "B-4" District is not consistent with the Plan's adopted future land use map. Potential Housing Density:Residential density in the "R-lB" District is 7.26 dwelling units per acre or 0 units on a portion of Lot 11 that is less than 6,000 square feet. A "B-I" District permits a residential density of 36.30 dwelling units per acre or fifteen (15) units on Lot 12. The "B-4" District permits a density of 36.30 dwelling units per acre or fifteen (15) units on the subject property. HeighffBulkJSetbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. Both the "B-I" and "B-4" Districts require a front yard setback of twenty (20) feet with no required side or rear yard unless adjacent to a residential district where a setback of ten (10) feet each will be required along that adjacency. A ten- (10) foot setback is required to the east. Buildings in the "R-lB" and "B-I" Districts are limited to 35 feet not to exceed three (3) stories. There are no building height limitations in the "B-4" District. Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed one square foot. Wall signs in the "B-I" and "B-4" Districts are unlimited. Freestanding signs in the "B-I" District are limited to one sign with a sign area of forty (40) square feet and a height of twenty (20) feet. Freestanding signs in the "B-4" District located behind the 20-foot setback, are unlimited as to size, height, or number. Ifa freestanding sign is located within the front yard setback, it is limited to one sign per street frontage with an area of forty (40) square feet and a height of 25 feet. Approval of the "B-4" District would have the potential of having large signs in proximity to a sensitive neighborhood. Traffic: As an auto repair facility, the amount of traffic generated will be minimal and not impact the adjacent arterial road, Home Road. Heavy vehicle traffic on Teresa Street is impactive to the adjacent residential area. Parking/Screening: An auto repair facility is required to provide one off-street parking space for each three (3) employees on the premise. Compliance with the parking regulations will required during the permitting phase of the project. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A standard screening fence will be required along the south and east property lines. -333- Zoning Report Case No. 0603-04 (Paul S. Vera) Page 5 Pros: (Ideas in support of the request.) a) None. Cons: (Ideas in support ofmaint~tining the current zoning.) a) The requested "B-4" DistriCt is not consistent with the adopted Westside Area Development Plan's recommended land !use. b) Expansion of the nonresidential zoning could disrupt the stability of the residential neighborhood. c) Based on the applicant's history of compliance, it is very possible that over time, the outside storage of vehicles, junked vehicles and materials will continue and expand. Staff Recommendation: Denial of the "B-4" District and in lieu thereof, grant a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use, and to correct the building expansion setback subjeat to a site plan and the following ten (10) conditions: ALLOWED USES: The 0nly use authorized by this Special Permit other than those uses permitted by right in the "1~-1" Neighborhood Business District and the "R-lB" One-family Dwelling District is an auto repair use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. VEHICLES: All vehicles stored on the premise must have a valid pending work order and must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited. FLOOR AREA: The total floor area used for the automotive repair use may not exceed 4,431 square feet, as shown on the attached site plan. .SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the south and east property lines. Along the east property line and ten (10) feet fi.om the Home Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of- way line, the screening fence may transition from six (6) feet to three (3) feet. The screening fence must be installed within 180 days from the date of this ordinance. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must located along the Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days from the date of this ordinance and must be kept in a healthy and growing condition at all times. -334- Zoning Report Case No. 0603-04 (Paul S. Vera) Page 6 PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10) feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12. HOURS OF OPERATIC~N: The permitted automotive repair use is limited to the hours between 6:30 a.m. and 7:00 p.m. LIGHTING: All exterio~ lighting must be directional and shielded. Lighting must be directed away from the su~ounding residences and adjacent public right-of-way. PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimum 2-inch l~iyer of asphalt. All off-street parking spaces must be striped according to City standardS. 10. TIME LIMIT: This Specigl Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the property is being used as outlined in condition # 1, which includes obtaining a buildifig permit for the existing expansion; a Certificate of Occupancy, and is in compliance with *11 other conditions. Attachments: Zoning Map Site Plan H:\PLN-DIR~ERMA~WORD~ZONRPTS\2003\0603 -04CCREPORT.DOC -335- R-lB GABE LOZANO MUNICIPAL GOLF COURSE SUBJECT PARCEl. LOLITA STREET MENDOZA STREE'f Jun 6. 2003 -- RP 0 200 300 CASE Z0603-04 ~ Subject property ~ O~r, ers within 200 feet listed on attached ownership list -336- 9KFl � I (n O M 6- m -Zt G TERESA STREET �...� MEDINA ENGINEERING & SURVEYING Ate- NM S[QYMM QMF60MII1L 1IXAT lI11, IImV �'!RI l 1011 w» mm N6. (NlJ /1{�]QO[ NX. (NlJ NN>A 14,m J3, 9KFl � I COMMENTS RECEWED FROM NOTICES MAILED Case No. 0603-04 Paul S. Vera · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: 5) None. Paul S. Vera (Applicant/Owner), 1101 Home Road "Better economy." Opposition: 10) Carlos and Nellie Escamilla, Jr., 1110 Lolita "Mr. Vera does not keep up with his yards. I think you as City Council should fine Mr. Vera. This has been going on for years. From the last meeting, Mr. Vera was supposed to plant trees on Home and Theresa Street, instead, he planted cactus. These are not trees. This area needed to be cleaned. Mr. Vera always in every meeting says he does not make enough money. I think he does. He worked for you all fixing City vehicles. We are very opposed of Mr. Vera doing anything with this land, Lot 12. Mr. Vera should remove all junk cars in both lots or YOU as City Council should fine Mr. Vera for every junk car he has. This is an auto mechanic shop not a junk yard." Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Paul S. Vera, (Applicant/owner), 1101 Home Road "Better economy." Opposition: None. H:\P LN-DIR~ERMA\WORD\COMM DATA\0603 -04COMMENTS DOC -338- Plaiming comrmssion Minutes June 18, 2003 Paul S. Vera: 0603-04 REQUEST: "R-lB" One-Family Dwelling District and "B-I" Neighborhood Business District with a "SP" Special Permit to "B-4" General Business District Laguna Acres, Block 1, Lot 12 and a portion of Lot 11, and located at the southeast comer of Home Road and Teresa Street. Ms. Goode-Macon provide~d a computerized slide illustration of the subject property and the surrounding area. The applicar4t has requested a change of zoning from a "R-lB" One-family Dwelling District and a "R-1B/SI~ Neighborhood Business District with a Special Permit to a "B-4" General Business District ini order to legalize the auto repair building expansion on Lot 12. A portion of Lot 11 is within the area of request in order for the building to meet the required setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair facility subject to a site plan. The site plan limited the building to 2,400 square feet and the conditions required the use to be inside the building and a screening fence installed along the south and east property lines. Sometime in 1996 or shortly thereafter, a 2,071 square foot addition was made to the existing structure in violation of the approved Special Permit and without the benefit of a building permit. The applicant has owned Lot 11 since at least 1988, when the original Special Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss correction measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However, by extending the Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot width and area requirements of the "R-1B" District. There are single-family residences south of he subject property in a "B-I" District and a vacant business building to the west in a "B-I" District. To the north is "R-lB" property developed as the City golf course and to the east are single-family residences in a "R-lB" District. The subject property has direct access to an arterial, Home Road, and to a local street, Teresa Street. Approval of a "B-4" District would permit uses such as auto sales, bars and dance halls at this location if the auto repair business cease to operate. Such uses are not considered appropriate when adjacent to a residential area. The adjacent residential properties have remained as a stable neighborhood. The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further undermine the stability of the residential neighborhood. However, a "B-I" District with a Special Permit could be considered for the seven (7) foot area of Lot 11 to allow the building to met the setback requirement. Ms. Goode-Macon provided a brief history of previous rezoning to the subject property. In July 2000, the Planning Commission reviewed a request for a change of zoning on Lot 11 from a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair business onto the lot. The case was continued and the applicant withdrew in order to resubmit an application that included Lot 12. In May 1996, the City Council denied a request for a change of zoning from a "B-1/SP" District to an "1-2" District in order to continue outside repair of vehicles and large trucks and semi-trailers. In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site plan and conditions. -339- Planning Commission Minutes June 18, 2003 Case No. 0603-04 (Paul S. Vera) Page 2 Overall, the Comprehensive Plan Elements can be supportive of a less intense business zoning due to the subject property's direct access to an arterial and its residential adjacency. The Westside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses due to the residential character. The requested "B-4" District is not consistent with the Plan's adopted future land use map. Therefore, Staff recommends denial of the "B-4" District and in lieu thereof, grant a revised Special Permit on Lot 12 to include a portion of LOt 11 to allow the auto repair use, and to correct the building expansion setback subject to a site plan and the following ten (10) conditions: ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "B-I" Neighborhood Business District is an auto repair use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. VEHICLES: All vehicles stored on the premise must have a valid pending work order and must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited. FLOOR AREA: The total floor area used for the automotive repair use may not exceed 4,431 square feet, as shown on the attached site plan. SCREENING A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the south and east property lines. Along the east property line and ten (10) feet from the Home Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of-way line, the screening fence may transition from six (6) feet to three (3) feet. The screening fence must be installed within 180 days from the date of this ordinance. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must located along the Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days from the date of this ordinance and must be kept in a healthy and growing condition at all times. PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10) feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12 and a portion of Lot 11. HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m. and 7:00 p.m. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of-way. -340- PlalmingCommissionMinutes June 18, 2003 Case No. 0603-04 (Paul S. Vera) Page 3 PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimun~ 2-inch layer of asphalt. All off-street parking spaces must be striped according to City slandards. 10. (1)was TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the properly is being used as outlined in condition #1, which includes obtaining Ia building permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other conditions. There were 23 notices marled to property owners within a 200-foot radius of which one returned in favor and one (1) was returned by the applicant in favor. Chairman Berlanga opene/t the public hearing. No one appeared in favor or opposition. Public hearing was closed. There was a discussion regarding the applicant's pending court proceedings and status. Commissioner Pusley stated that the applicant has a history of not abiding by the conditions and regulations of previous Special Permits. Motion by Salazar, seconded by Smith, to approve staff's recommendation. Motion passed with Amsler, Berlanga, Richter, Salazar, Smith, Stone voting "Aye"; Pusley and Zamora voting "Nay" and Mims being absent. -341- Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAUL S. VERA BY CHANGING THE ZONING MAP IN REFERENCE TO LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "B-I"/SP NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT TO "B-4" GENERAL iBUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLrAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE E.XlSTINGCOMPREHENSlVE PLAN; 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 Paul S. Vera for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice ~o the public, public hearings were held on Wednesday, June 18, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 Lots 12 and a portion of Lot 11, Block 1, Laguna Acres, located at the southeast corner of Horne Road and Teresa Street, from "R-lB' One-family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District, as shown on the attached Exhibit A. (Map J14D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR~JOSEPH~-ONING\0603-04REGULAR.DOC -342- Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for ithe efficient and effective administration of City affairs and (2) suspends the Charter ~ule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19th day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED Joseph~arney~)~ Assistant City Attorney For City Attorney 2003 H:\LEG-DIR~JOSEPH~ONING\0603-04REGULAR.DOC -343- Page 3 of 3 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the lemergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two ~gular 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, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOSEPH~ONING\0603-04REGULAR.DOC -344- 8-85-203 ll:32AM FROM PLANNING S12 888 3598 0 0 I 1 I I ! I I {t TERESA MEDINA ENGINEERING & SURVEYING -345- ! ' Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAUL S. VERA, BY CHANGING THE ZONING MAP IN REFERENCE TO LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT AND "B-I"/SP NEIGI SPECIAL PERMIT) BY REPAIR USE AND SETBACK SUBJECT1 AMENDING THE COM DEVIATIONS FROM PROVIDING FOR PUB[ 'IBORHOOD BUSINESS DISTRICT WITH A .~RANTING A SPECIAL PERMIT FOR AN AUTO 'O CORRECT THE BUILDING EXPANSION O A SITE PLAN AND TEN (10) CONDITIONS; =REHENSlVE PLAN TO ACCOUNT FOR ANY THE EXISTING COMPREHENSIVE PLAN; ICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Paul S. Vera for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18,2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 genera~ welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT OR~DAINED 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 granting a Special Permit for an auto repair use and to correct the building expansion setback subject to ten (10) conditions, on Lot 12 and a portion of Lot 11, Block 1, Laguna Acres, (currently zoned "R-lB" One-family Dwelling Distdct and "B- I"/SP Neighborhood Business District with a Special Permit), located at the southeast corner of Horne Road and Teresa Street, as shown on the attached Exhibit A. (Map J14D) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following ten (10) conditions: ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-lB" One-family Dwelling District and the "B-I"/SP Neighborhood Business District with a Special Permit is an auto repair H:~LEG-DIR~JOSEPH~ZONING\0603-O4ZONINGSP.DOC -346- Page 2 of 4 10. use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. VEHICLES: All vehicles stored on the premise must have a valid pending work order and must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited. FLOOR AREA: The total floor area used for the automotive repair use may not ~4,-~-~ ~quare feet, as shown on the attached site plan. SCREENING A standar~l screening fence with a height of not less than six (6) feet must ~ installed apd maintained along the south and east property lines. Along the east property line and ten (10) feet from the Horne Road right-of-way line, the screening fencei must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Horne Road right-of-way line, the screening fence may transition from six (6) feet to three (3) feet. The screening fence must be installed within 180 days from the date of this ordinance. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Horne Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days from the date of this ordinance and must be kept in a healthy and growing condition at all times. PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback of ten (10) feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12 and a portion of Lot 11. HOURS OF OPERATIO~N: The permitted automotive repair use is limited to the hours between 6:30 a.m, and 7:00 p.m. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of- way. PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards. TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the property is being used as outlined in condition #1, which includes obtaining a building permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other conditions. H:~LEG-DIRUOSEPH~ZONING\0603-04ZO NINGSP.DOC -347- Page 3 of 4 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 ordidance 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 iComprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (t~) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19th day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,~.;_~_ Joseph Harney Assistant City Attorney For City Attorney 2OO3 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~EG-DIR~IOSEPH~ZONING\0603-04ZONINGSP.DOC -348- Page 4 of 4 Corpus Christi, Texas day of. ,2003 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, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Oarrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ZONING\0603-04ZONINGSP.DOC -349- 1 : j2AM i FROM PLANNING 512 880 3590 +I a aaa� I I _ R TERM STREET MEDINA ENGINEERING & 3'URVEYING -350- 30 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 19, 2003) Case No.:,, 06,0,3-06~ Coastal I~ing~ Ltd.: A change of zoning from a "B-i" Neighborhood Business District and A-1 Apartment House District to a "B-4" General Business District on Roseland Place, Block 4, Lots 3 and 5, located west of Crosstown Expressway and at the northeast intersection of Home Road and Rambler Street. Planning Commission and Staff's Recommendation (06/18/03): Approval. Requested Council Action: Approval of the "B-4" District and adoption of the attached ordinance. Purpose of Request: For fast food restaurant, retail, and full service car wash. Summary: The applicant has requested a change of zoning from an "A-i" Apartment House District and a "B-I' Neighborhood Business District to a "B*4" General Business District, in order to develop a restaurant with a drive- through, a full service car wash and a r~ail use. The subject properly consists of two (2) undeveloped lots, totaling 2.12 acres. Per the applicant, the total development will employee approximately seventy (70) employees on rotating shifts. Hours of operation for the development are planned between 6:00am to 10:00pm. The subject property has direct access to the southbound Crosstown Expressway access road. To the south, the subject property is adjacent to Home Road, a 4-lane collector street. Along the west boundary of the subject property is Rambler Street, designated as a local street. Rambler Street serves the adjacent residential properties to the west and should not be utilized as an access point for the subject property. Adopted City policies discourage commercial traffic fi'om traversing residential areas. Since access to the pr0peny can be provided along the access road and Home Road, a driveway permit along Rambler Street should not be allowed. Denial of access for the subject property via Rambler Street would assist in preventing commercial traffic traversing the residential area to the west. Properties immediately north of the subject property are single-family dwellings located in an "I-2" District. Residences in the "I-2" District are considered non-conforming. Directly south and east is a vacant lot zoned with a "B-I District. Further south, across Home Road are residential propea'ties in a "R-lB" District and a florist shop in a "B-I" District. Along the east boundary of the subject property the "I-2" District extends across the expressway to Port Avenue. Property to the west, across Rambler Street is zoned a "R-lB" District and is developed with single-family residences. The Westside Area Development Plan supports the continuation of single-family uses and is not supportive of the requested "B-4" District. However, polices within the plan encourage colnmercial development along expressways, arterial, and collectors rather than the development of residences along these higher intensity corridors. Generally, the requested "B-4" District can be supported for this request due to its adjacency to an expressway and a 4-lane collector. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation Notification: Prior to the date of this memorandum, forty-six notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and four (4) tn opposition. A notice in favor was submitted by the applicant. This case is considered noncontroversial. Michael N~Jdrafing, AICP / Assistant Director of Development Services/ Director o f Planning -353- Agenda Memorandum I Case No. 0603-06 (Coastal King, Ltd.) Page 2 MG/FG/Wer Attachments: 1) Zoning Report 2) Comments Received 3) Planrdng Commission Minutes 4) Ordinance HSPLN-DIR~ERMA\WORD~AGENDM EM\0603-06AGENDAMEMO,DOC -354- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0603-06 June 18, 2003 J15C Coastal King, Ltd. Roseland Place, Block 4, Lots 3 and 5, located west of Crosstown Expressway and at the northeast intersection of Home Road and Rambler Street. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: 2.12 acres. Same as above. "A-I" Apartment House District and "B-I" Neighborhood Business District "B-4" General Business District Two (2) vacant lots. Fast Food restaurant, retail, and full service car wash. Not applicable. Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North - "I-2" Light Industrial DisWict South - "R-lB" One-family Dwelling District, "R-lC" One-family Dwelling District and "B-I" Neighborhood Business Disthct -355- Zoning Report Case No. 0603-06 (Coastal King, Ltd.) Page 2 Adjacent Land Use: North - Single-family residences South - Single-family residences, vacant lot and florist. East - Crosstown Expressway West - Single-family residences[ Number of Residential Units Allowed: "A-I" - 23 units (21.78 dwelling units per acre on 1.10 acre area) "B-I" - 37 units (36.30 dwelling units per acre on 1.02 acre area) "B-4" - 76 units (36.30 dwelling units per acre on 2.12 acre area) Estimated Traffic Generation: Restaurant with drive-through window - 68.08 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 2,000 square feet of gross floor area = 136 average weekday vehicle trip ends. Car Wash- 22.00 average weekday vehicle trip ends per 1,000 square feet of gross floor area x - average area of 3,000 square feet of gross floor area = 66 average weekday vehicle trip ends. General Retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 2,000 square feet of average small building type = 81 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) c) Crosstown Expressway (access road) - expressway Home Road - collector Rambler Street - local Right-of-Way Design Current: a) b) c) 400-foot right-of-way with a 200-foot back-to-back paved section. 80-foot right-of-way with a 62 -foot back-to-back paved section. 50-foot right-of-way with a 28- foot back-to-back paved section. Planned: a,b,c) Same as current. -356- Zoning Report Case No. 0603-06 (Coastal King, Ltd.) Page 3 Traffic Count (24-houh weekday, non-directional): a) Not available. Zoning History of Property: There has been no rezoning activit within the past five (5) years. Recent Surrounding Zoning Cas[es: There has been no surrounding rez~ning activity within the past five- (5) years. Planning Staff Analysis: General Characteristics anql Background: The applicant has requested a change of zoning from an "A-I" Apartment 14touse District and a "B-I" Neighborhood Business District to a "B-4" General Business District, in order to develop a restaurant with a drive-through, a full service car wash and a retail use. The subject property consists of two (2) undeveloped lots, totaling 2.12 acres. Per the applicant, the total development will employee approximately seventy (70) employees oil rotating shifts. Hours of operation for the development are planned between 6:00am to 10:00pm. The subject property has direct access to the southbound Crosstown Expressway access road. To the south, the subject property is adjacent to Home Road, a 4-lane collector street. Along the west boundary of the subject property is Rambler Street, designated as a local street. Rambler Street serves the adjacent residential properties to the west and should not be utilized as an access point for the subject property. Adopted City policies discourage commercial traffic fi.om traversing residential areas. Since access to the property can be provided along the access road and Home Road, a driveway permit along Rambler Street should not be allowed. Denial of access for the subject property via Rambler Street would assist in preventing commercial traffic traversing the residential area to the west. Properties immediately north of the subject property are single-family dwellings located in an "I-2" District. Residences in the "I-2" District are considered non-conforming. Directly south and east is a vacant lot zoned with a "B-1 District. Further south, across Home Road are residential properties in a "R-lB" District and a florist shop in a "B-I" District. Along the east boundary of the subject property the "I-2" District extends across the e~pressway to Port Avenue. Property to the west, across Rambler Street is zoned a "R-lB" District and is developed with single-family residences. The Westside Area Development Plan supports the continuation of single-family uses and is not supportive of the requested "B-4" District. However, polices within the plan encourage commercial development along expressways, arterial, and collectors rather than the development of residences along these higher intensity corridors. Generally, the requested "B-4" District can be supported for this request due to its adjacency to an expressway and a 4-1ane collector. -357- Zoning Report Case No. 0603-06 (Coastal King, Ltd.) Page 4 Potential Housing Density: An "A-1" District permits a density of 21.78 dwelling units per acre or twenty-three (23) u~lits on the subject property. The "B-I" District permits a density of 36.30 dwelling units per acre or thirty-seven (37) units on the subject property. The proposed "B-4" District would permit 36.30 units per acre or seventy-six (76) units per acre Height/Bulk/Setbacks/Etc.i: The "A-I", "B-I" and "B-4" Districts require a front yard setback of 20 feet. The side and rear yard setbacks in an "A-I" District are ten (10) feet for the first floor plus five (5) feet for each additional story above the first floor with a height limitation of 35 feet, not tO exceed three (3) stories. In the "B-I" and "B-4" District, there are no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet would be required along that residential adjacency. Height limitation in the "A-I" District is 45 feet and in the "B-I" District 35 feet. The "B-4" District does not have height limitations. Signage: In an "A-1" Distlict, permitted uses other than one and two-family dwellings, are allowed to have one, forty (40) square foot wall sign or one, forty (40) square foot, 10 feet in height fi'eestanding sign per street fi'ontage. The fi~eestanding sign must be set back at least ten (10) feet from the property line. Wall signs in the "B-I" District are unlimited but the freestanding sign is limited to one sign per premise with a sign area of forty (40) square feet and a height of twenty (20) feet. Signs in the "B-4" District are unlimited providing they are placed twenty (20) feet behind the property line. Traffic: The subject property has direct access to the southbound Crosstown Expressway access road. To the south, the subject property is adjacent to Home Road, a 4-lane collector street. Along the west boundary of the subject property is Rambler Street designated as a local street. Rambler Street serves the adjacent residential properties to the west and should not be used as part of the access for the subject property. Adopted City policies discourage commercial traffic from traversing residential areas. Screening: A standard screening fence with a height of not less than six (6) feet is required when a business of industrial use locates adjacent to a residential district. A standard screening fence will be required along the west and south property lines. Pros: (Ideas in support of the request.) a) The subject property has direct access to an expressway and collector. b) Commercial development is preferred adjacent to an expressway rather than residential development. -358- Zoning Repo~ Case No. 0603-06(Coastal King, Ltd.) Page 5 Cons: (Ideas in support of maintailning the current zoning.) a) The requested "B-4" District is not consistent with the adopted Westside Area Development Plan's recommended land use. The subject pr,o, pert,y, is ad)acent to a residential neighborhood to the west and should transition to a B-1 District rather than a "B-4" District which could allow for higher intensity uses IE. auto sale~ lot, auto repair shops and bars. Staff Recommendation: Approval. Zoning map b) Attachment H :LPLN -D IR\ERMA\WORD~ZONRPTS\06034)6CCREPORT.DOC -359- · - FAVOR X - OPPOSED [ COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0603-06 Coastal King, Ltd. (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 5) II. III. Cruz Yafiez, 7839 Sawmill Trail, Houston, Texas 77040 "I believe that all property adjacent to Crosstown Expressway should be "B-4", as it has great access to it and exposure." 13) Mary A. Valdez, 2034 Yale St. No written comment. Opposition: 15) Mafia Luisa Vera, 2029 Home Road "Devaluation of property." 32) Emesto Joel Chavez, 2201 Roslyn See attached letter. 42) Delfino Prado and Mary Barrientez, 2202 Roslyn No written comment. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Coastal King, Ltd., 402 Peoples (Applicant) No written comment. Opposition: None. I-I:\P LN -DIR\E RMA\WOan\COM M DATA\06034)6COM MEN TS.DOC -360- LEE MON~ ;RREY UNIT 2 I-2 B/~,g)ER 16B BADF2R Jun 6, 200.3 - RP 0 100 200 ,300 CASE Z0603-06 Subject property Owr, er$ within 200 feet listed -361- on attached ownership list !Sub j: Date: ~From l-ag6 I el ! 6/17/03 10:48:24 PM Central Daylight Time - Erne~t_Jq¢lGi~ye~ D.b_e__r. la__n.g._a~, s_mi__m_s__4__5@.y_a.h.qg:cpm, 0.~_m_sJC~r_@hog~nhom~sj.[tc_~qm, _mpu_sl_ey@~Qgr_e_~qrc;eA_c. om, mpq~!~y.@~.w_b_~!!n_et, edpbter@rj.c_h!er~rcbit_ects, cQm, ehs_aJa_z_ar_@ho_l..m_ai__c__q.rq d~r~s.t__o._f_@att, ne~, bstp. q.e..@p_rdgj:0m rzamr~raT,11@yahoo com, michaelg@ci.._corpusrcbfis~.t~.u_~ M.c_b ndA@c. CO. rpqs- ' would appreciate your inpul to the attached questions addressed to the City Council and to Mr. Colmenero being our District 2 representative. My wife suffers from severe chronic allergies, both inhalants and foods. Several of the elderly residence experience the sanle health problems some with asthma and respiratory problems. Unfortunately, most neighbors cannot affgrd other housing due to fixed incomes. Please take my questions into consideration before an official vote is ca,tad on June 18, 2003. On this dale at 5:30 p.m. the Planning Comm ss on wi hold a public mooting bqt I do not wish to interfere being a city employee, but if the opportunity should arise, I would like to present my q~Jestions to the council members and if permitted to do so as a tax payer or can this be done without me being preCent? This is the letter addressed to Mr. Colmenero: Good Evening Councilman Colmenero, It is our understanding that a new car wash and Burger King Restaurant will be built at the corner of Home exit and Horne Road adjacent to Rambler Street. We have several questions to ask you merely because we have been residence of the is area for over 30 years and are in doubt at this time of such building facilities. 1. What can be done about the restaurant smell? As of today, there are several restaurants across the freeway that I can smell what is being cooked for lhe day or evening. There are nine restaurants less than a one-mile radius. Why not build to the west side of town where these facilities are most needed and the land space permits? Some residents do not have central heating and air so windows are left opened throughout the day and-- night. Most of lhe time, southeast winds are blown and right towards our bedroom areas. 2. Where wilt the grease containers be placed? Needs to be kept away from the residential area on Rambler Street. Preferably towards the freeway wlould be more suitable. 3. What will be done to maintain the flow of congestad traffic (speed bumps on Rambler Street and Roslyn Drive)? 4 Where will dumpsters be placed? 5. Will the area be fenced? 6. Will grass between the fence and sidewalk be maintained? Not being maintained at this time. It has been rather a dump site which has been bought up to Code Enforcement several times and to Betty Black. She recommended that we go through the trash and get documents with home address so she can pursue with written documentations. Who has time and who wants to pick up someone's dumping? 7. I understand that this was zoned for an apartment complex but now it will be changed to a car wash and restaurant? 8. We don't want to live close to these upcoming facilities. Will taxes increase as it has this past year? 9. Will facilities be facing the freeway? 10. What time will these facilities close at night? This is a very quiet neighborhood and the majority of the neighbors are eldedy people that go to sleep by 8:30 or 9 p.m. In closing, I am currently employed with the City of Corpus Christi-Storm Water Department. I am very concerned about the "so-called" contamination of land that has been tested for several years and has been kept very confidential from the public residential area that will be impacted with the building of the facilities. I have been trying to keep quiet about this issues, bul since it is going to affect me in the long-term, I need to voice my opinions to you and other city council members. I do not want this issue to affect my job performance, but other residents have expressed their concerns to me personally since the flyer was received on June 9, 2003 and being a city employee. Again, I would appreciate a response to our questions. If your time permits, I would like to visit with you personally at home or at work which ever is most convenient. My home phone number is 225-0175 and my werk number is 857~1869; pager 889-6748 or e-mail back to EmestJoeIChavez@AOL.cem. Thank you in advance. Tuesday, Juae l 7, 2003 America Online: EmestJoelChavez -362- Planning comrmssion Minutes June 18, 2003 Coastal King, Ltd.: 0603-06 REQUEST: "A-I" Apartment House District and "B-I" Neighborhood Business District to "B-4" General Business District on property described as Roseland Place, Block 4, Lots 3 and 5, and located west of Crosstown Expressway and at the northeast intersection of Home Road and Rambler Street. Ms. Goode-Macon provided a computerized slide illustration of the sub!ect ,property and the surrounding area. The, applicapt has requested a change ofz,~nin,g, from an 'A-1 Apartment House District and a "B-1 ' Neighl~orhood Business District to a B-4 General Business District, in order to develop a restaurant with a drive-through, a full service car wash and a retail use. The subject property consists of two (2) undeveloped lots, totaling 2.12 acres. Per the applicant, the total development will employee approximately seventy (70) employees on rotating shifts. Hours of operation for the development are planned between 6:00am to 10:00pm. The subject property has direct access to the southbound Crosstown Expressway access road. To the south, the subject property is adjacent to Home Road, a 4-lane collector street. Along the west boundary of the subject property is Rambler Street, designated as a local street. Rambler Street serves the adjacent residential properties to the west and should not be utilized as an access point for the subject property. Adopted Cily policies discourage commercial traffic from traversing residential areas. Since access to the property can be provided along the access road and Home Road, a driveway permit along Rambler Street should not be allowed. Denial of access for the subject property via Rambler Street would assist in preventing commercial traffic traversing the residential area to the west. Properties immediately north of the subject property are single- family dwellings located in an "I-2" District. Residences in the "I-2" District are considered non-conforming. Directly south and east is a vacant lot zoned with a "B-1 District. Further south, across Home Road are residential properties in a "R-lB" District and a florist shop in a "B-I" District. Along the east boundary of the subject property the "1-2" District extends across the expressway to Port Avenue. Property to the west, across Rambler Street is zoned a "R-lB" District and is developed with single-family residences. The Westside Area Development Plan supports the continuation of single-family uses and is not supportive of the requested "B-4" District. However, polices within the plan encourage commercial development along expressways, arterial, and collectors rather than the development of residences along these higher intensity corridors. Generally, the requested "B-4" District can be supported for this request due to its adjacency to an expressway and a 4-lane collector. Staff recommends approval of the rezoning request. There were 46 notices mailed one in favor from the applicant, two (2) in opposition, and one (1) letter from a representative of the neighborhood. Public hearing was opened. George Clower 9000 Surfside, 908, described the proposed use. All major intersections have "B-4" District or higher zoning districts. Mr. Clower stated that he has been in discussion with the neighborhood representative regarding ingress/egress being eliminated from Rambler Road and direct it to Home Road. -363- Planning Commission Minutes June 18, 2003 Case No. 0603-06 (Coastal King, Ltd.) Page 2 In response to Commissioner Zamora, Mr. Clower stated that the owner plans to deed restrict the property to eliminate bars. Ernest Chavez, 2201 Roslyn, stated that he has worked out some of the issues with Burger King. Tim Clower, Starr Street, stated that the deed restrictions would not allow for bars. He added that the deed restrictions would be more restrictive than zoning. Commissioner Zamora suggested that automotive repair also be included in the deed restrictions. Public hearing was closed. Motion by Amsler, seconded by Stone, to approve the rezoning. Motion passed with Mims being absent. -364- Page 1 of 3 AN ORDINANCE AMENDING THE ZO~NG ORDINANCE, UPON APPLICATION BY COASTAL KING, LTp. BY CHANGING THE ZONING MAP IN REFERENCE TO ROS~LAND PLACE, BLOCK 4, LOTS 3 AND 5 FROM "A-I" APARTMENT HOUSE DISTRICT AND "B-I" NEIGHBORHOOD BUSINESS DISTRICTiTO "B~" GENERAL BUISNESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBEICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Coastal King, Ltd. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 Lots 3 and 5, Block 4, Roseland Place, located west of Crosstown Expressway and at the northeast intersection of Horne Road and Rambler Street, from "A-I" Apartment House District and "B-I" Neighborhood Business District to "B-4" General Business District. (Map J 15C) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR~JOSEPH~ZONING\0603-O6REGULAR.DOC -365- Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (I)!finds and declares an emergency due to the need for immediate action necessary foI the efficient and effective administration of City affairs and (2) suspends the Charter !rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19[h day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ^PPROVED Joseph H~rney L~ Assistant City Attorney For City Attorney 2003 H:\LEG-DIR~JOSEPH~ZONING\O603-06REGU LAR.DOC -366- Page 3 of 3 Corpus Christi, Texas day of ,2003 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 I~ass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garret[ William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRUOSEPH~ZONING\O603-06REGULAR.DOC -367- 31 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Data: August 19, 2003) Case No.: 0603-07~ Joe Adam~: A change of zoning from a "B-3" Business District and "B-4" General Business District to an "1-2" Light Industrial District on island Business Center, Block A, Lot 8, located north of Knickerbocker Street and 200 feet east ef Waldron Road. Planning Commission and Stai~f's Recommendation (06/18/03): Denial of the "1-2" District, and in lieu thereof, approval of a Special Pe/imit for a distribution/warehouse facility subject to three (3) conditions. Requested Council Action: Denial of the "1-2" District, and in lieu thereof, approval of a Special Permit for a distribution/warehouse facility subject to three (3) conditions and adoption of the attached ordinance. Purpose of Request: To develop a distribution/warehouse facility for private service and parts providers associated with the Corpus Christi Army Depot. Summary: The applicant has requested a change of zoning from a "B-3" and "B-4" General Business District to an "I-2" Light Industrial District, in order to develop the property with a distribution/warehouse facility. This facility will primarily serve private service and part providers for the Corpus Christi Army Depot. The property consists of 14.40 acres of undeveloped land divided by two business zoning classifications. The "B-Y' and "B-4" District provides for similar uses with the principal exception being the "B-3" District does not allow dwellings, boarding or lodging houses. The requested "I-2" District provides for the distributinn/warehouse facility. Currently, the private providers for this use are located on the Naval Air Station and must relocate off the military installation as a result of September 11, 2002 and Home Land Security actions. The facility is planned as a 150,000 square foot tilt wall concrete structure with loading docks. Less than ten percent (10%) of the facility will be office use with the remainder being used for storage of aircraft parts and technical support equipment. Typical hours of operation will be 8:00am to 5:00pm, Monday through Friday. However, under special demand conditions of the military, the facility could operate twenty-four (24) hours, seven (7) days a week. The number of employees estimated at this facility range fiom 75 to 100. The subject property has direct access to Knickerbocker Street that connects directly to Waldron Road, an arterial that extends to NAS Drive. Deliveries to the South Gate of the Army Depot are proposed along these corridors. Traffic generated fi'om the proposed use is estimated to generate 389 average vehicle weekday vehicle trip ends. All reference street systems can handle the proposed traffic generated fi'om this use. Zoning classifications north, south and west of the subject property are "B-3" and "B-4"Districts that are comprised of large tracts of undeveloped land and numerous retail uses. To the east is a sizable area of land zoned with an "A-I" Apartment House District. Limited lots within the "A-1" District ara developed with single-family residences, townhomes, or apartments. The Flour Bluff Area Development Plan's adopted future land use map reconunends the area to develop with general commercial uses. The requested "I-2" District permits uses that are not consistent with the Plan's recommended land use. Industrial zoning permits uses that would detract fi'om the existing commercial development to the west and the residential uses to the east. Industrial uses include uses such as pipe yards, construction yards, outside repairs, auto impound lots and other similar uses. The proposed use can be accommodated through a Special Permit to ensure that outside activities do not occur while allowing the user to operate a distribution/warehouse facility. -371- Agenda Memorandum Case No. 0603-07 (Joe Adame) Page 2 The Planning Commission denied the "I-2" District, and in lieu thereof, approved a Special Permit for a distribution/warehouse facility subject to the following three (3) conditions: USE: The only use authorizetl by this Special Permit other than those uses permitted by right in the "B-3" Business District and "B-4" General Business District is a distribution/warehouse facility. LANDSCAPING: The prope*rty shall be landscaped per the "B-3" and "B-4" District requirements for business use. [ TIME LIMIT: This Special l~e~nit shall be deemed to have expired within one year from the date of this ordinance unless the property! is being used as outlined in condition #1 and in compliance with all other conditions and City roles and ~egulations. Applicant's Position: The applicant c~ncurs with Planning Cormmssion and Staff's recommendation Notification: Prior to the date of this r0emorandum, twenty-six notices were mailed to the property owners within a 200-foot radius, of which one (1) ~as returned in favor and none in opposition. This case is considered noncontroversial. Director of Plannmg MG/FGM]er Attachments: 1) Zoning Report 2) Comments Received 3) Planmng Commission Minutes 4) Ordinances H:~P LN-DIR\ERMA\WORD~AGENDM EM\06034~7AGENDAM EMO.DOC -372- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0603-07 June 18, 2003 G18D Joe Adame Island Business Center, Block A, Lot 8, located north of Knickerbocker Street and 200 feet east of Waldron Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoniug: Total = 14.40 acres "B-3" District area - 6.44 acres "B-4" District area - 7.96 acres Same as above. "B-3" Business District and "B-4" General Business District. "I-2" Light Industrial District. Undeveloped land. Develop a distribution/warehouse facility for private service and parts providers associated with the Corpus Christi Army Depot. Not applicable. North and West - "B-3" Business District South - "B-3" Business District and "B-4" General Business District East - "A-I" Apartment House District -373- Zoning Report Case No. 0603-07 (Joe Adame) Page 2 Adjacent Land Use: North - Undeveloped land and retail uses. South - Undeveloped land. East - Vacant lots townhomes. West - Auto repair, fast food restaurants and general retail. Number of Residential Units A,owed: "B-3" - Residential uses not perr~itted in the "B-3" District. "B-4" - 288 units (36.30 dwelling units per acre) "I-2" - Permanent or temporary h6using or lodging are not permitted except for caretaker's quarters. Estimated Traffic Generation: Specialty Retail Center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 15,000 square feet of gross floor area (average big box retail) = 610 average weekday vehicle trip ends. General Light Industrial Distribution/Warehousing- 3.89 average weekday vehicle trip ends per employee = 100 employees = 389 average weekday vehicle trip ends. Ad}acent Streets/Classification: a) Waldron Road - arterial b) Knickerbocker- collector Right-of-Way Design Current: a) 100-foot of right-of-way with a 70-foot back-to-back paved section. b) 60-foot of right-of-way with a 28-foot back-to-back rural paved section. Planned: a) Same as current. b) 65-foot of right-of-way with a 41-foot back-to-back paved section Traffic Count {24-hour~ weekd:~¥, non-directional): a) 22,785 vehicles per day. b) Not available. -374- Zoning Report Case No. 0603-07 (Joe Adame) Page 3 Zoning History of Property: There has been no rezoning activity within the past five- (5) years. Recent Surrounding Zoning Cas~s: There has been no rezoning activit34 surrounding the subject property within the past five- (5) years. Planning Staff Analysis: General Ch,a, racteristics an4 Background: The applicant h,,a,s ,r,,equested a change of zoning from a "B-3 ' and "B-4" Ge[neral Business District to an I-2 Light Industrial District, in order to develop the property with a distribution/warehouse facility. This facility will primarily serve private service and part providers for the Corpus Christi Army Depot. The property consists of 14.40 acres of undeveloped land divided by two business zoning classifications. The "B-3" and "B-4" District provides for similar uses with the principal exception being the "B-3" District does not allow dwellings, boarding or lodging houses. The requested "I-2" District provides for the distribution/warehouse facility. Currently, the private providers for this use are located on the Naval Air Station and must relocate off the military installation as a result of September 11, 2002 and Home Land Security actions. The facility is planned as a 150,000 square foot tilt wall concrete structure with loading docks. Less than ten percent (10%) of the facility will be office use with the remainder being used for storage of aircraft parts and technical support equipment. Typical hours of operation will be 8:00am to 5:00pm, Monday through Friday. However, under special demand conditions of the military, the facility could operate twenty-four (24) hours, seven (7) days a week. The number of employees estimated at this facility range from 75 to 100. The subject property has direct access to Knickerbocker Street that colmects directly to Waldron Road, an arterial that extends to NAS Drive. Deliveries to the South Gate of the Army Depot are proposed along these corridors. Traffic generated from the proposed use is estimated to generate 389 average vehicle weekday vehicle trip ends. All reference street systems can handle the proposed traffic generated from this use. Zoning classifications north, south and west of the subject property are "B-3" and "B-4"Districts that are comprised of large tracts of undeveloped land and numerous retail uses. To the east is a sizable area of land zoned with an "A- 1" Apartment House District. Limited lots within the "A-I" District are developed with single-family residences, townhomes, or apartments. The Flour BluffArea Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "I-2" District permits uses that are not consistent with the Plan's recommended land use. Industrial zoning permits uses that would detract from the existing commercial development to the west and the residential uses -375- Zoning Report Case No. 0603-07 (Joe Adame) Page 4 to the east. Industrial uses include uses such as pipe yards, construction yards, outside repairs, auto impound lots and other similar uses. The proposed use can be accommodated through a Special Permit toiensure that outside activities do not occur while allowing the user to operate a distribution/warehouse facility. Potential Housing Density: The "B-3" District does not permit dwellings, boarding or lodging houses. A "B-41'' Di,s, trict p~rmits 36.30 units per acre or 288 units on the subject property. The requested 1-2 District does not permit permanent or temporary housing or lodging except for caretaker's quarters. Height/Bulk~Setbacks/Etc.: The "B-3", "B-4" and "I-2" Districts require a fxont yard setback of 20 feet and no side or ~ear yard setbacks unless abutting a residential district where a setback of 10 feet would be required along that adjacency. Since the subject property has residential adjacency to th~ east, ten (10) foot side yard setbacks is required. There are no building height limitations[ in the "B-3", "B-4" and "I-2" Districts. Traffic: The development of the subject property with a warehouse aircraft distribution facility would generate approximately 389 vehicle trip ends. Waldron Road and Knickerbocker Street are designed to carry this amount of traffic. Screening: A standard screening fence with a height of not less than 6 feet is required when a business or industrial use locates adjacent to a residential district. The subject property has residential adjacency to the east and a screening fence is required along that east boundary line. Pros: (Ideas in support of the request.) a) The subject property has direct access to a collector street that connects to a major arterial. Cons: (Ideas in support of maintaining the current zoning.) a) The proposed "I-2" Districl is not consistent with the Flour Bluff Area Development Plan's future land use map. b) An "I-2" District on the subject property would permit uses that could adversely impact the residential properties to the east. c) The proposed distribution facility can be accommodated through the use of a Special Permit. Staff Recommendation: Denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a distribution/warehouse facility subject to the following three (3) conditions: -376- Zoning Report ~ Case No. 0603-07 (Joe Adame) 1 Page 5 Attachments: U._SE: The only us.e, au~ori~ed by this Special Permit other than those uses permitted by right in the "B-3" and ' B-4 Gdneral Business District is a distribution/warehouse facility for private service and parts providers for the Corpus Christi Army Depot. LANDSCAPING: The property shall be landscaped per the "B-3" and "B-4" Districts requirements for business rise. TIME LIMI_~T: This Speciol Permit shall be deemed to have expired within one year from the date of this ordinance u~less the property is being used as outlined in condition #1 and in compliance with all othe~ conditions and City rules and regulations. Zoning Map H :h°LN -DIR\ERMA\WORD~ZONRPTS~2003\0603-07CCKEPORT.DOC -377- '6-05 CENTER ^-I Jun 6, 2003 -- RP CASE Z0603-07 ~ Subject property ~ Owners within 200 feet lis[ed on ottoched ownership list -378- iCOMMENTS RECEIVED FROM NOTICES MAILED Case No. 0603-07 Joe Adame · - FAVOR X - OPPOSED (Note: The listed numbers correspbnd to the attached map.) Notices returned from within the 200-foot notification area: Favor: 15) Abraham I. Blum Tree, 449 Poenisch No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. IlL Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN-DIR\ERMAXWORD\COM M DATA\06034)TCOMM ENTS. DOC -379- Planning Commassion Minutes June 18, 2003 Joe Adame: 0603-07 REQUEST: "B-3" Business District and "B-4" General Business District to "1-2" Light Industrial District t~n property described as Island Business Center, Block A, Lot 8, and located nortt~ of Knickerbocker Street and 200 feet east of Waldron Road. Ms. Goode-Macon presenl~ed a computerized slide illustration of the subject property and the surrounding area. The applicant has requested a change of zoning from a "B-3" and "B-4" General Business District to an "i-2" Light Industrial District, in order to develop the property with a distribution/warehouse facility. This facility will serve private service and part providers for the Corpus Christi Army Depm. The property consists of 14.40 acres of undeveloped land divided by two business zoning classifications. The "B-3" and "B-4" District provides for similar uses with the principal eC~ception being the "B-3" District does not allow dwellings, boarding or lodging houses. The requested "I-2" District provides for the distribution/warehouse facility. Currently, the private providers for this use are located on the Naval Air Station and must relocate off the military installation as a result of September 11, 2002 and Home Land Security actions. The facility is planned as a 150,000 square foot tilt wall concrete structure with loading docks. Less than ten percent (10%) of the facility will be office use with the remainder being used for storage of aircraft parts and technical support equipment. Typical hours of operation will be 8:00am to 5:00pm, Monday through Friday. However, under special demand conditions of the military, the facility could operate twenty-four (24) hours, seven (7) days a week. The number of employees estimated at this facility range from 75 to 100. The subject property has direct access to Knickerbocker Street that connects directly to Waldron Road, an arterial that extends to NAS Drive. Deliveries to the South Gate of the Army Depot are proposed along these corridors. Traffic generated from the proposed use is estimated to generate 389 average vehicle weekday vehicle trip ends. All reference street systems can handle the proposed traffic generated from this use. Zoning classifications north, south and west of the subject property are "B-3" and "B-4"Districts that are comprised of large tracts of undeveloped land and numerous retail uses. To the east is a sizable area of land zoned with an "A-I" Apartment House District. Limited tots within the "A-I" District are developed with single-family residences, townhomes, or apartments. The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "I-2" District permits uses that are not consistent with the Plan's recommended land use. Industrial zoning permits uses that would detract from the existing commercial development to the west and the residential uses to the east. Industrial uses include uses such as pipe yards, construction yards, outside repairs, auto impound lots and other similar uses. The lxoposed use can be accommodated through a Special Permit to ensure that outside activities do not occur while allowing the user to operate a distribution/warehouse facility. Therefore, Staff recommends denial of the "1-2" District, and in lieu thereof, approval of a Special Permit for a distribution/warehouse facility subject to the following five (5) conditions: -380- Planning Commission Minutes June 18, 2003 Case No. 0603-07 (Joe Adame) Page 2 USE: The only use authorized by this Special Permit other than those uses permitted by right in the "B-3" and "13-4" General Business District is a distribution/warehouse facility. FLOOR AREA: The floor~ area for the distribution/warehouse facility shall not exceed 150,000 square feet. LOADING DOORS: All ~oading doors should be located at the rear of the building or shall be screened from public view if located on the front or side of the building. LANDSCAPING: The property shall be landscaped per the "B-3" and "B-4" Districts requirements for business use. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with atll other conditions and City rules and regulations. There were 26 notices mailed of which none were returned in favor or opposition. Public hearing was opened. Joe Adame, 1818 Graham Road, stated that he would like to amend the Special Permit Condition 2 from 150,000 square feet to 160,000 square feet. The proposal is for a state of the art distribution center. Mr. Gunning suggested that no size limit be placed in the Special Permit Conditions and eliminate Special Permit Condition 2. He also suggested changing the "B-4" District zoning part of the subject property to "B-3" District. Mr. Adame asked that staff s original recommendation be approved. Mr. Luther, owner of the adjoining property, stated that he supported the rezoning request. Mike McMahon, Kline Street, expressed concern with the traffic situation that currently occurs and future traffic issues. Public hearing was closed. Motion by Pusley, seconded by Zamora, to denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a distribution/warehouse facility subject to the following three (3) conditions: USE: The only use authorized by this Special Permit other than those uses permitted by right in the "B-3" and "B-4" General Business District is a distribution/warehouse facility. -381- Planning CommassionMinutes June 18, 2003 Case No. 0603-07 (Joe Adame) Page 3 LANDSCAPING: The property shall be landscaped per the "B-3" and "B-4" Districts requirements for business ~ase. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordin~mce unless the property is being used as outlined in condition #1 and in compliance withlall other conditions and City rules and regulations. Motion passed with Mims ~eing absent. -382- Page 1 of 3 AN ORDINANCE AMENDING THE ZONII~ ADAME BY CHANGII~ ISLAND BUSINESS BUSINESS DISTRICT "1-2" LIGHT INDI COMPREHENSIVE PL FROM THE EXISTING PUBLICATION; AND D! G ORDINANCE, UPON APPLICATION BY JOE G THE ZONING MAP IN REFERENCE TO ;ENTER, BLOCK A, LOT 8 FROM "B-3" ND "B-4" GENERAL BUSINESS DISTRICT TO ISTRIAL DISTRICT; AMENDING THE ~,N TO ACCOUNT FOR ANY DEVIATIONS COMPREHENSIVE PLAN; PROVIDING FOR !CLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning ti~e application of Joe Adame for amendment to the City of Corpus Christi Zoning Ordina~nce and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 Lot 8, Block A, Island Business Center, located north of Knickerbocker Street and 200 feet east of Waldron Road, from "B-3" Business District and "B-4" General Business District to "1-2" Light Industrial District. (Map Gl 8D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~OSEPH~_ONING\0603-O7ZONINGREG.DOC -383- Page 2 of 3 SECTION 6. 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 7. That upon writter~ request of the Mayor or five Council members, copy attached, the City Council (l) ~inds and declares an emergency due to the need for immediate action necessary foe the efficient and effective administration of City affairs and (2) suspends the Charter ~rule as to consideration and voting upon ordinances at two regular meetings so that thls ordinance is passed upon first reading as an emergency measure on this 19~h day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,~ O-~--~r JosephH n~ey ~{ ~' Assistant City Attorney For City Attorney 2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~OSEPH~ZONING\0603-07ZONINGREG.DOC -384- Page 3 of 3 Corpus Christi, Texas __ day of ., 2003 TO THE MEMBERS OF THE cl~rY COUNCIL Corpus Christi, Texas For the reasons set forth in the e~mergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two re~gular meetings. I/we, therefore, request that you suspend said Charter rule and p~ass this ordinance finally on the date it is introduced, or at the present meeting of the Ci~ Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D, Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ZONING\0603-07ZQNINGREG.DOC -385- Page 1 of 3 AN ORDINANCE AMENDING THE ZONInG ORDINANCE, UPON APPLICATION BYJOE ADAME, BY CHANGING THE ZONING MAP IN REFERENCE TO ISLAND BUSINESS CENTER, BLOCK A, LOT 8,(CURRENTLY ZONED "B-3" BUSINESS DISTRICT AND "B~" GENERAL BUSINESS DISTRICT) BY GR~ANTING A SPECIAL PERMIT FOR A DISTRIBUTION/WAREI~IOUSE FACILITY SUBJECT TO THREE {3) CONDITIONS; AMEI~DING THE COMPREHENSIVE PLAN TO ACCOUNT FOR .A.I~I.Y. DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLrAN; 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 Joe Adame for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18,2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 granting a Special Permit for a distribution/warehouse facility subject to three (3) conditions on Lot 8, Block A, Island Business Center, (currently zoned "B-3" Business District and "B-4" General Business District), located north of Knickerbocker Street and 200 feet east of Waldron Road. ( Map G18D) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following three (3) conditions: USE: The only use authorized by this Special Permit other than those uses permitted by right in the "B-3" and "B-4" General Business District is a distribution/warehouse facility. LANDSCAPING: The property shall be landscaped per the "B-3" and B-4" Districts requirements for business use. H:~LEG-DIR~JOSEPH~ZONING\0603-07ZONINGSP, DOC -386- Page 2 of 3 TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in oompliance with all other conditions and City rules and regulations. SECTION 3. That the official Z~ amended to reflect the amendn' ordinance. SECTION 4. That the Zoning Texas, approved on the 27th d; except as changed by this ordir remain in full force and effect. )ning Map of the City of Corpus Christi, Texas, is ent to the Zoning Ordinance made by Section 1 of this rdinance and Zoning Map of the City of Corpus Christi, y of August, 1937, as amended from time to time, ance and any other ordinances adopted on this date, 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. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1I) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19~h day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED Joseph Harney Assistant City Attorney For City Attorney 2003 H:~EG-DIR~JOSEP H~ZONING\0603-07ZONINGSP.DOC -387- Page 3 of 3 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency exists requiring sus voting upon ordinances at two suspend said Charter rule and at the present meeting of the emergency clause of the foregoing ordinance, an ~ension of the Charter rule as to consideration and egular meetings. I/we, therefore, request that you )ass this ordinance finally on the date it is introduced, or ty Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~EG-DIR~JOSEPH~ZONING\0603-07ZONINGSP. DOC -388- 32 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 19, 2003) Case No.: 0603-08, Robert a¢d Dahlia Schulte: A Special Use Permit for a Bed and Breakfast Home with Special Events on Markar~ay Estates, Lot 2, located on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive. Planning Commission's Recon~mendation (06/18/03): Approval ora Special Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and twelve (12) conditions. Requested Council Action: Apl~roval of a Special Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and twelvei (12} conditions and adoption of the attached ordinance. Purpose of Request: To continue operating a bed and breakfast home with special events use. Summary: The applicants have requested a Specific Use Permit (SUP) for a bed and b,r, eakfast home with ,s, pecial events. The applicant is currently undqr contract to purchase the property known as 'The Ocean House. The Ocean House is known as a bed and bre~tkfast home with the occasional special event. It is the applicants' intent to continue operating the bed and breakfast home and hosting special events, i.e.; weddings, workshops, and other similar events. The applicant has indicated that the house contains five (5) bedrooms of which one will be used for the applicants' quarters and the remaining four (4) bedrooms will be for guests not to exceed a total of 13 guests. According to Section 3-1.06.1 and 3-1.06.2, a bed and breakfast home is limited to five (5) bedrooms and not more than ten (10) lodgers, not including the owner-occupied rooms. Therefore, the applicants can use the four (4) bedrooms for the bed and breakfast, but are limited to ten (10) lodgers, if the bed and breakfast home is approved. In addition to the bed and breakfast home, the applicants propose to continue hosting special events. It is the applicants' proposal to limit the number of special events to no more than forty (40) events per year with no more than 80 guests per event. These events will be held between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor amplified music. Music entertainment may range from a string quartet to mariachi group, none of which will be amplified. Parking for the special events will be in the form of valet parking and the applicants have obtained permission from a nearby church to use their parking lot. The subject property has direct access to an arterial, Ocean Drive, without traversing a residential area. Ocean Drive is estimated to carry approximately 30, 000 vehicles per day. The allowance of the Special Events limited to a number of people will not adversely impact the surrounding area, especially since the parking will be valet parking. There is an alley at the rear of the property that is used by the lodgers of the bed and breakfast and not used by the guests of the special event. The applicant has no objection to prohibiting the use of the alleyway for special events. The Planning Commission, on a 7-1 vote, recommended approval of a Special Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and the following twelve (12) conditions: USE: The Specific Use Permit allows a bed and breakfast home with special events and limited to the current operators, Robert and Dahlia Schulte. 2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms. 3. LODGERS: The number of lodgers permitted at any one trine shall not exceed ten (10) lodgers. -39t- Agenda Memorandum I Case No. 0603-08 (Robert and Dahlia S~hulte) Page 2 4. SPECIAL EVENTS: The number of special events shall not exceed 40 events per year. HOURS OF EVENTS: The ~pecial events are limited to the hours between 8:30 a.m. and 10:00 p.m. Special events between 8:30 a.m. and 10:00 a.m. are limited to breakfast meetings. 6. GUESTS OF EVENTS: The nBmber of guests for any one special event shall not exceed 80 people. OFF-STREET PARKING: Oge (1) off-street parking space for each bedroom in the bed and breakfast home and two (2) parking spa0es for the residence. Off-street parking for all special events must be valet parking to an approved parking area. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon written request from City official and along with submission of renewal request. SPECIAL EVENT SECURITy: Security for special events that serve alcoholic beverages must be provided with at least one seclrity officer for gatherings of 20 to 50 guests and at least two (2) security officers for gatherings of 51 to 80 guests. 10. MUSIC: Live music containing elecU'ic guitars, drum sets, or amplified instruments shall not be permitted. A microphone limited to toastS, announcements, or speeches may be permitted. No amplified sounds of any type shall be permitted after 10:00 p.m. 11. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the property. 12. TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1) year from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset the costs of advertising. Applicant's Position: The applicant concurs with Planning Commission's recommendation Notification: Prior to the date of this memorandum, thirty-five (35) notices were mailed to the property ovoaers with'm a 500-foot radius, of which sevela (7) were returned in favor and four (4) in opposition. One (1) notice was submitted in favor from outside the notification area. This ease is considered controversial. Assistant Director of Development Services/ Director of Plauning MG/FGM/er Attachments: 1) Site Plan 2) Zoning Report 3) Comments Received 4) planning Commission Minutes 5) Ordinance H:~PLN-DiR~ERMA\WORD~AGENDMEM\06034)8 AGENDAMEMO.DOC -392- POIh'~ OF BEGINNING Found I" 9reel 1:0' UTIL/TY EASEMENT ' - 20' ALLEY N3Z55'O0"~ 90.50' LOT 7 LOT I NSO'OS'OO"W Found ALTA VISTA ON THE BAY BLOCK 5 4.5' LOT 6 Found 5/8 Steel Rod OC ~e~c~/-oF~rN DR/ THIS 1S TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE FLOOD HAZARD MAP AND FOUNO THAT THE PROPERTY DESCRIBED HEREON IS NOT SITUATED IN A SPECIAL FLOOD HAZARD AREA. ZONE C. COMMUNFTY NO. 4~5464 I HEREBY CERTIFY THAT THIS PLAT DEPICTS THE RESULTS OF A SURVEY MADE ON THE GROUND AND THAT THERE ARE NO VISIBLE MANMADE CONFLICTS. PROTRUSIONS OR ENCROACHMENTS. ,~. 0~..4~..~,,/ "Fe~. No. 2033 -393- BUILDING LINE 5/8' Steel Rod STEWART TITLE COMPANY C. E. NO. 01064300 BORROWER: EDWARD S. SHOEMAKER SURVEY OF PART OF LOT 2 MARKAMAY ESTATES, CORPUS CHRISTI NUECES COUNTY, TEXAS VOLUME 27, PAGE 60 MAP RECORDS HAAS SURVEYING ~: [ ~ 02-~,-o~ 1 o~ 1 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0603-08 June 18, 2003 J16C (81-5) Robert andDahlia Schulte Markamay Estates, Lot 2, located On the west side of Ocean Drive, approximately 200 feet south of Hewit Drive. Area of Request: Lot{s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: 0.795 acre (34,650 square feet) Same as above. "R-lA" One-family Dwelling District Specific Use Permit for a Bed and Breakfast Home with Special Events. Single-family residence with a bed & breakfast home and Special Events Continue operating bed & breakfast home with special events use. Adjacent Zoning: Surrounding Area - "R-lA" One-family Dwelling District Adiacent Land Use: North, West - Single-family residences. South - Apartments. East - (across Ocean Drive) Single-family residence. -394- Zoning Report l Case No. 0603-08 (Robert and Dahlia Sc~ulte) Page 2 Number of Residential Units AIlpwed: "R-IA" - 1 unit (1 dwelling unit for each 10,000 square feet of platted lot) Estimated Traffic Generation: Traffic Generation Manual does n~ have traffic estimates for bed and breakfast homes with special events. Adjacent Streets/Classification: Ocean Drive - arterial Ri~ht-of-Way Design Current: a) Variable right-of-way width. Planned: a) Same as current. 1996 Traffic Count (24-hour~ weekday~ non-directional): a) 30,190 vehicles per day. Zoning History of ProperW.: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity in the area within the past five (5) years. Zoning[ Inventory: The surrounding area to the north is zoned a "R-lA" District and surrounding area to the south is a "R-lB" District. Both districts are single-family districts with the area predominantly developed with single-family residences. -395- Zoning Report I Case No. 0603-08 (Robert and Dahlia S~hulte) Page 3 Planning Staff Analysis: General Characteristics ar Permit (SUP) for a bed an, under contract to purchase known as a bed and breakl intent to continue operatix weddings, workshops, and contains five (5) bedroom: remaining four (4) bedroor d Background: The applicants have requested a Specific Use I breakfast home with special events. The applicant is currently :he property known as "The Ocean House." The Ocean House is ast home with the occasional special event. It is the applicants' g the bed and breakfast home and hosting special events, i.e.; other similar events. The applicant has indicated that the house of which one will be used for the applicants' quarters and the ~s will be for guests not to exceed a total of 13 guests. According to Section 3-1.06.1 and 3-1.06.2, a bed and breakfast home is limited to five (5) bedrooms and not more than ten (10) !odgers, not including the owner-occupied rooms. Therefore, the applicants can use the four(4) bedrooms for the bed and breakfast, but are limited to ten (10) lodgers, if the bed and breOkfast home is approved. In addition to the bed and bieakfast home, the applicants propose to continue hosting special events. It is the applicants! proposal to limit the number of special events to no more than forty (40) events per year With no more than 80 guests per event. These events will be held between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor amplified music. Music entertainment may range from a string quartet to mariachi group, none of which will be amplified. Parking for the special events will be in the form of valet parking and the applicants have obtained permission from a nearby church to use their parking lot. The subject property has direct access to an arterial, Ocean Drive, without traversing a residential area. Ocean Dr~e is estimated to carry approximately 30, 000 vehicles per day. The allowance of the Special Events limited to a number of people will not adversely impact the surrounding area, especSally since the parking will be valet parking. There is an alley at the rear of the property thal is used by the lodgers of the bed and breakfast and not used by the guests of the special event. The applicant has no objection to prohibiting the use of the alleyway for special events. Staff Recommendation: Obtain public comments to determine the viability of a bed and breakfast home with special events. Attachments: Zoning Map Applicant's Letter H:\PLNoD1R\ERMASWORD~ZONRPTS~2003\0603 -08CCREPORT.DOC -396- 2B lA 6 101 R-lB ~risti B~ 13 11 5 TATES R-lB ALTA VIS AL 7 Aug 13, 2003 -- AS 0 100 300 CASE Z0603-08 Subject property O~ners within 200 feet listed -397- on ottoched ownership hist "OCEAN HOUSE" B&B/SE APPLICATION LAND USE STATEMENT Amended June 12, 2003 1. Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more th~n ten (10) lodgers. b. Special Events anticipated[will primarily be weddings, wedding receptions, charity fundraisers, community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation par~ies, office parties, private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, oI similar types of functions by a guest who will provide compensation for the use of all or a portion of th~ premises. 2. Existing Land Uses on Adjoining P4operties a. North side of property: mulfi-family aparnnents b. South side of property: single family home, Mr. and Mrs. Oscar Spitz c. East side of property: singl~ family homes on bayside of Ocean Drive d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza 3. Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square footage of the two buildings is 7,000 square feet d. 5, I bedroom suites, with st[eeping for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning roomi garden & pool area used for special events 4. Proposed Structures: None Planned Or Intended Parking Management Plan a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private gues~ -" and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parki~lg will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear of the properly in the utility easement along the alley. c. No trash dumpsters will be used. 7. Special Events will be between 20 aad 80 guests. More than 80 guests will never be allowed. 8. No more than 40 Special Events with over 20 people will be held each calendar year. 9. All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings. 10. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc~ Music will never be allowed after 10:00pm. ll. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) ;20 to 50 guasts require one officer; and (ii) 51 to 80 guasts require two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel. 12. Special Events will not adversely affect our neighbors or their property. -398- COMMENTS RECEIVED [:ROM NOT1CES MAILED Case No. 0603-08 ' Robert and Dahlia Schulte · - FAVOR X - OPPOSED / ! (Note: The listed numbers corresl~ond ! I. Notices returned from with[in the ! Favor: 31) Clarice Spitz, 3285 See attached letter. Opposition: 10) William and Betsy "Noise - parking pi commercial area." 16) Harris Kaffie, 326C No written conune~ 25) Shirley S. Smith, 2 32) to the attached map.) Ocean Dr. 200-foot notification area: Lipman, 115 Alta Plaza oblems - no desire to turn our neighborhood into a Ocean Dr. Hewit Dr. "The expense of li repair, and street a bed and breakfast. property. Again, alleyway. So ~ neighborhood." / Bill and Mary Alb~rado, 3233 Ocean Dr. / /ing in this area (taxes, utilities, and upkeep for lawns, home ad alley maintenance) should not be used for party house or People who use the facilities do not respect other people's [ shall say they run over my brick wall and leave trash in hy do we allow this type of business in a well kept "We are opposed to the bed and breakfast - a commercial endea,vor in our residential zoned ¢rea near our homestead. To add "special events' opens up more commercial endeavors. We are opposed to the music and bands with weddings and quinceafieras, as well as, doing special event dinners with pharmaceutical representatives which turns this location into a catering/restaurant. We are a residential area and the bed and breakfast should be just that, which is already too much commercialism." -399- To Whom it may concern; We are property owners directly across Ocean Drive from the Ocean House now being purchased by Bob an~ Dahlia Schulte. We have been guests at an Ocean House party and very muchlenjoyed our evening at their beautiful home. My wife Laurie and I have seen thei~plan for Ocean House and believe it to be both beneficial to us as future neighbors and to the City. They have most certainly addressed the two major concerns that any neighbor might have- those "loud bands" and street parking. '1 he Schultes' have recently moved to Corpus from San Antonio, and It is indus!rious people, like them, improving the value of their properly who are truly an asset to our community. We believe the plan being submitted to the City for apl: roval is a good one and we wish them well. ~incete, ly.., __ '~'Mic't~ael and Laurie Mintz r ~ -402- 10. 11. 12. "OCEAN HOUSE" ~BA& BlS E APPLICATION ND USE STATEMENT Amended June 12, 2003 COPY Purpose of Request a. Bed and Breakfast.Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than tan (I 0) lodgers. b. Special Events anticipated wilI primarily be weddings, wedding receptions, charity fundraisers, community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the use of all or a portion of the prgmises. Existing Land Uses on Adjoining Properties a. North side of properly: multi-f~mily apartments b. South side of property: single ~'amily home, Mr. and Mrs. Oscar Spitz c East side of property: single family homes on bayside of Ocean Drive d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square footage of the two buildings is 7,000 square feet d. 5, I bedroom suites, wilh sleeping for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning room, garden & pool area used for special events Proposed Structures: None Planned or Intended Parking Management Plan a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear of the property in the utility easement along the alley. c. No trash dumpsters will be used. Special Events will be between 20 and $0 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and 10:O0pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and I 0:00am will be limited to breakfast meetings. Music a. Electric guitars and drum sets will never be allowed. b. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc~ c. Types of music allo. wed include non-amplified mariachis, guitars, violins, harps, cellos, etc. d. Music will never be allowed after 10:00pm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel. Special Eventswillnotadverselyaffectourneighbors~rtheirpropert?~' h ~, 102 Al'ia Plaza 10. ll. 12. "OCEAN HOUSE" B&B/SE APPLICATION AND USE STATEMENT Amended June 12, 2003 COPY Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than lien (I 0) lodgers. b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisors, community meetings and corp[orate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation parties, office parties, private dinner parlies, photo shoots, political fundraisers, quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the use of all or a portion of the piemises. Existing Land Uses on Adjoining Propekties a. North side of property: multi-fi~mily apartments b. South side of property: single [amily home, Mr. and Mrs. Oscar Spitz c. East side of property: single faqnily homes on bayside of Ocean Drive d. West side of property: single filmily subdivisions, Hewit Drive and Alta Plaza Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square foota~ge of the two buildings is 7,000 square feet d. 5, 1 bedroom suites, with sleeplng for l0 lodgers, and 2 bedrooms for owners e. Living room/dinning room, garlden & pool area used for special events Proposed Structures: None Planned or I~ntended Parking Management Plan a. The front entrance driveway wtll only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B~B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking wili be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the properly in the utility easement along the alley. d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear ofthe proportyin the utility easement along the alley. c. No trash dumpsterswill be used. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and I 0:00am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after IO:OOpm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 (o 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel. Special Events will not adversely affect our neighbors or their properly. . - lvTo~H~. Engelhardt,/rO6 Alta Plaza 10. II. 12. "OCEAN HOUSE" B&B/SE APPLICATION ~.AND USE STATEMENT Amended June 12, 2003 COPY Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than ten (10) lodgers. b. Special Events anticipated wil[I primarily be weddings, wedding receptions, charity fundraisers, community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation parties, office parties, private dinner parties, photo shoots, poIitical fundraisers, qoinceaneras, receptions, or sbnilar types of functions by a guest who will provide compensation for the use of all or a portion of the p?emises. Existing Land Uses on Adjoining Properties a. North side of property: multi-f~mily apartments b. South side of property: single ~amily home, Mr. and Mrs. Oscar Spitz c. East side of property: single family homes on bayside of Ocean Drive d. West side of properly: single f~mily subdivisions, Hewit Drive aod Alta Plaza Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square foolOge of the two buildings is 7,000 square feet d. 5, I bedroom suites, with slee!~ing for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning room, garden & pool area used for special events Proposed Structures: None Planned or Intended Parking Management Plan a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event parking will be off-site, will be off-street, and wilt be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear ofthe property in the utility easement along the alley. c. No trash dumpsterswill be used. Special Events will be between 20 and $0 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after t0:00pm, will never be allowed. Spec'iai Events between 8:30am and 10:00am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after 10:00pm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel Special Events will not adversely affect our neighbors or their properly. Acceptable: -4[0,54~ ..? .... : ~.~', ~ / , L; Date: Anna Engelhardt, 106 Alta,Plaza ('~.-~ 10. "OCEAN HOUSE" B&B/SE APPLICATION ILAND USE STATEMENT Amended June 12, 2003 COPY Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than I~en (10) lodgers. b. Special Events anticipated wi I primarily be weddings, wedding receptions, charity fundraisers, community meetings and co,Orate meetings, but may mc}ude baptisms, bridal teas, corporate banquets, family reunions, graduation p~rties, office parties~ private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the use of all or a portion of the p!emises. Existing Land Uses on Adjoining Properties a. North side of property: multi-~mily apartments b. South side of property: single!family home, Mr. and Mrs. Oscar Spitz c. East side of property: single racily homes on bayside of Ocean Drive d. West side of property: single f~mily subdivisions, Hewit Drive and Alta Plaza Existing Holne a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square footOge of the two buildings is 7,000 square feet d. 5, I bedroom suites, with sleeging for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning room, garden & pool area used for special events Proposed Structures: None Planned or Intended Parking Management Plan a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking u~ill be allowed on Ocean Drive. c. B&B lodgers will use four (4) ~]esignated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event I~arking will 'be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear of the property in the utility easement along the alley. c. No trash dumpsters will be used. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and I 0:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after I 0:00pm. II. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty polio~ ~fficers or other law enforcement personnel 12. Special Events will not adversely affect our neighbors O~r ;r, ope .rt~'~ . Se~a~ares, 3232 Ocean Di'ive ~ ~i i~ "OCEAN HOUSE" iB&B/SE APPLICATION AND USE STATEMENI' Amended June 12, 2003 CL Purpose of Reqnest a. Bed and Breakfast Itome to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more Ihau l~n (10) lodgers. b. Special Events anticipaled willl primarily be weddings, wedding receptions, charity fundraisers, commun y heelings aud corl~orale meetings, bul may include baptisms, bridal teas, corporale banquets, family renaions, gradnalion plrlies, office parties, privale diuner parties, pbolo sbools, political finldra sets, quinceaueras, receptions, or s~mJJar types of funclJons by a guest who will provide compensation for the use of all m' a porliou of the plemises. Exisliug LaDd Uses ou Adjoiuing Propc~rlies a. Nod side ofploperty: multJ-f~mily apartmenls b. Sou side ofprope'rty: single~amily home, Mr. add Mrs. Oscar Spitz c East side of property: single family hmnes on bayside of Ocean Drive d. West side of property: sJogle fJmily sobdivisions, Itewit Drive and Alta Plaza Existing ltome a. Maio Iloose, 3 stories b. Garden Itouse, 2 slories c. Approximale Iolal square foot:~ge of the two buildiogs is 7,000 square feet d. 5, I bedroom suites, will! slee0ing for l0 !odgers. aud 2 bedrooms for owners e. Living mom/dinning room, gaCden & pool area used for special events Proposed Structures: None Planned or hllended Parking Management Plan a. Tile front eatrance driveway will only be used by tile owners, by their non B&B or B&B/SE private guests, and as the enlrauce way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parkiug spaces at the rear of the property in the utility easement along tile alley. d. All Special Event parkiog will be off-site, will be off-street, and will be using valet parkers. 6. Trash Receptacles a. Five 36 gallou trash receptacles. b. Located at the rear.of tile property in the utility easemeul along tile alley. c. No trash dompsters will be used. 7. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed. 8. No more thau 40 Special Eveots with over 20 people will be held each calendar year. 9. All Special Events will be betweeu Ihe hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and IO:00am will be limited to breakfast meetings. 10. II. 12. Music b. Electric guitars and drum sets will never be allowed. Amplified souuds will be limited to the stereo system wilh built- in speakers, a keyboard, or a microphone for Types of music allowed tach, de non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after 10:00pm. Security Plan a. Wbea alcoholic beverages are to be served at a Special Event, security will be required, as follows: ti) 20 to 50 guests require one officer; and (ii) 51 to 80 goests reqoire two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel. ' Accepmb~ 7d~ [)ate: tO. 11. 12. "OCEAN HOUSE" ~ B&B/SE APPLICATION ~AND USE STATEMENT 'Amended June 12, 2003 COPY Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than ten (10) lodgers. b. Special Events anticipated wil! primarily be weddings, wedding receptions, charity fundraisers, community meetings and corpprate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation p~rties, office parties, private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the use of all or a portion of the p~mises. Existing Land Uses on Adjoining Properties a. North side of property: multi-f~mily apartments South side of property: single ~'amily home, Mr. and Mrs. Oscar Spitz c. East side of property: single farpily homes on bayside of Ocean Drive d. West side of property: single f~mily subdivisions, Hewit Drive and Alta Plaza Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square foott4ge of the two buildings is 7,000 square feet d. 5, I bedroom suites, with sleeplng for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning room, gar~ten & pool area used for special events Proposed Structures: None Planned or ljntended Parking Management Plan a. The front entrance driveway wlll only be used by the owners, by their non B&B or B&B/SE private guests, and as the enlrance way for B84B and B&B/SE loading, unloading, cbecking in and ont b. No B&B or B&B/SE parking v~ill be allowed o, Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trasfi receptacles~. b. Located at the rear of the prope~rty in the utility easement along the alley. c. No trash dumpsters will be used. Special Events will be between 20 and 810 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm, wilt never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after 10:OOpm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law enforcement personnel. Special Events will not adversely affect our neighbors or their properly. Acceptable:~m/ ,?. '/.~ r ,i. ~i'~, ,/ C~pitz, 3~5 Ocean D,r)~,i ~' Date: ' ~ 10. 11. 12. "OCEAN HOUSE" lB&B/SE APPLICATION ~AND USE STATEMENT Amended June 12, 2003 CC5- Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5) bedrooms and not more than ten (10) lodgers. b. Special Events anticipated wil~primarily be weddings, wedding receptions, charity fundraisers, community meetings and corpprate meetings, but may include baptisms, bridal teas, corporale banquets, family reunions, graduation p:ffdes, office parties, private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the use of all or a porlion of the p~rnises. Existing Land Uses on Adjoining Propeylies a. North side of property: multi-f{mily apartments b. South side of property: single family home, Mr. and Mrs. Oscar Spitz c. East side of property s ng e family hom~;s on bayside of Ocean Drive d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square footage of the two buildings is 7,000 square feet 5, I bedroom suites, with sleep!ng for l0 lodgers, and 2 bedrooms for owners e. Living room/dinning room, garden & pool area used for special events Proposed Structures: None Planned or Intended Parking Management Plan a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Event p. arking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear of the propurty in the utility easement along the alley. c. No trash dumpsters will be used. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and lO:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and 10:O0am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for announcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after 10:00pm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; and (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law en f°rcement pers°nnel. Special Events will not adverse y affect our neighbors or.~. vtheir ~operty.. ~ //, / ' Acceptable: L4U_U-,2_ --./{-~/x----3 ,~0~ , /~ .. Date: Michael Minlz, 3280 Oceafi ~fi~e "OCEAN HOUSE" B&B/SE APPLICATION AND USE STATEMENT Amended June 12, 2003 COPY 1. Purpose of Request a. Bed and Breakfast Home to offer sleeping accommodations t6 lodgers, not exceeding five (5) bedrooms and not more than t~n (I 0) lodgers. b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers, community meet ngs and co,orate meetings, but may include baptisms, bridal teas, corporate banquets, family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers, quinceaneras, receptions, or si[milar types of functions by a guest who will provide compensation for the use of all or a portion of the p~emises. 2. Existing Land Uses on Adjoining Properties a. North side of property: multi-f~mily apartments b. South side of property: single Ifamily home, Mr. and Mrs. Oscar Spitz c. East side of properly: single fa4nily homes on bayside of Ocean Drive d. West side of property: single f6mily subdivisions, Hewit Drive and Alta Plaza 10. II. 12. Existing Home a. Main House, 3 stories b. Garden House, 2 stories c. Approximate total square foot~ge of the two buildings is 7,000 square feet d. 5 I bedroom suites, with sleel~ing for 10 lodgers, and 2 bedrooms for owners e. Living room/dinning room, gaOden & pool area used for spec a events Proposed Structures: None Planned or Intended Parking Management Plan a. The front entrance driveway w~ill only be used by the owners, by their non B&B or B&B/SE private guests, and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out b. No B&B or B&B/SE parking Will be allowed on Ocean Drive. c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement along the alley. d. All Special Eveot parking will be off-site, will be off-street, and will be using valet parkers. Trash Receptacles a. Five 36 gallon trash receptacles. b. Located at the rear of the properly in the utility easement along the alley. c. No trash dumpsters will be uso& Special Eveots will be between 20 and 80 guests. More than 80 guests will never be allowed. No more than 40 Special Events with over 20 people will be held each calendar year. All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm, will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings. Music b. Electric guitars and drum sets will never be allowed. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for allnOtlllcements, toasts, etc. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc. Music will never be allowed after 10:00pm. Security Plan a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows: (i) 20 to 50 guests require one officer; aad (ii) 51 to 80 guests require two officers. b. When available, security officers will be off-duty police officers or other law enfomement personnel. Special Events will not adversely affect our neighbors or)their property. Planning Commission Minutes June 18, 2003 Robert and Dahlia Schulte: 0603-08 REQUEST: Specific Use Permit for a Bed and Breakfast Home with Special Events on property described as Markamay Estates, Lot 2, and located on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive. Mr. Saldafia presented a cclmputerized slide illustration of the subject property and the surrounding area. The applicants[have requested a Specific Use Permit (SUP) for a bed and breakfast home with,, special event~. Th,,e applicant is currently under contract to purchase the property known as The Ocean Hpuse. The Ocean House is known as a bed and breakfast home with the occasional special eyent. It is the applicants intent to continue operating the bed and breakfast home and hosting special events, i.e.; weddings, workshops, and other similar events. The applicant has indicated that the house contains five (5) bedrooms of which one will be used for the applicants' quarters and the remaining four (4) bedrooms will be for guests not to exceed a total of 13 guests. Accdrding to Section 3-1.06.1 and 3-1.06.2, a bed and breakfast home is limited to five (5) bedrooms and not more than ten (10) lodgers, not including the owner-occupied rooms. Thereforei the applicants can use the four (4) bedrooms for the bed and breakfast, but are limited to ten (10d lodgers, if the bed and breakfast home is approved. · In addition to the bed and!breakfast home, the applicants propose to continue hosting special events. It is the applicants' proposal to limit the number of special events to no more than one event per week with no more than 100 guests per event. These events will be held between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor amplified music. Music entertainment may range fiom a string quartet to mariachi group, none of which will be amplified. Parking for the special events will be in the form of valet parking and the applicants have obtained permission from a nearby church to use their parking lot. The subject property has direct access to an arterial, Ocean Drive, without traversing a residential area. Ocean Drive is estimated to carry approximately 30, 000 vehicles per day. The allowance of the Special Events limited to a number of people will not adversely impact the surrounding area, especially since the parking will be valet parking. There is an alley at the rear of the property that is used by the lodgers of the bed and breakfast and not used by the guests of the special event. The applicant has no objection to prohibiting the use of the alleyway for special events. Staff recommends obtaining public comments to determine the viability of a bed and breakfast home with special events. There were 28 notices, one in favor and 4 were in opposition and the applicant also submitted a letter in favor. After discussion regarding options for approve, Mr. Gunning stated that the commission could approve a bed and breakfast home, a bed and breakfast home with more than 4 four boarders, as submitted. Public hearing was opened. -411- Planning comnussion Minutes I June 18, 2003 Case No. 0603-08 (Robert and Dahlia Schulte) Page 2 Robert Shulte, 3275 Ocean Drive, purchased the Ocean House. Stated that he has heard about the parties that were held before. He has received letters of support. He is willing to work with the neighborhood. Dorothy Spann, 502 Del Mar, stated that she appreciates the ordinance and stated that it has been applicable. She met with [he Shultes regarding their bed and breakfast. CommissiOner Zamora, Mr. Shulte stated that if parking were not In response to available, the event would not be l'leld. Conunissioner Zamora stated that he preferred to have a special permit created and taken toi the neighborhood for approval prior to Commission's action. Commissioner Salazar and Amsler agreed. In response to Chairman B~rlanga, Mr. Shulte stated that he has operated 20 restaurants in San Antonio and an executive catering company, but never owned a bed and breakfast. There was a discussion regarding the definition of a Special Event and how they relate to a bed and breakfast operation. COncerns included the number of events held per week and per year; another concern was allowing a business to operate in a residential neighborhood. Mr. Shulte addressed Commission concerns. discreetly and with consideration for the neighbors. first and the business second. He stated that he would use the home He added that Ocean House is his home Dorothy Spann stated that the residential commonality needed to be maintained. There is a concern of decrease in value for the property near the business. Public hearing was closed. Mr. Saldafia stated that the Commission needed to make a finding that there would or would not be substantial or adverse affect on the adjoining properties. Motion by Salazar, seconded by Pusley, to allow the applicants to meet with neighbors and pros and cons for the next meeting and legal definition. Motion passed with Mims being absent. -412- Planning ConUmssion Minutes July 2, 2003 Continued Zoning Case No. 0603-08 - Robert and D[ahlia Schulte: REQUEST: Specific Use Permii for a Bed and Breakfast Home with Special Events Located on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive. Mr. Saldana stated that he met with Mr. Schulte who submitted a letter signed by his neighbors. Staffdid not have arecommendation. Robert Schulte, 3375 Ocea Drive, provided a brief history of the case. He stated that he met with his neighbors, and adde~ that he and his wife sent out 60 letters not including the 30 notices mailed by the City. He staled that two of his neighbors were no longer in opposition and signed a letter that they were no lo~ger opposed. Mr. Saldana stated that he ~eceived one (1) in favor and four (4) in opposition. Under the signed condition, two of them are no longer in opposition. Dorothy Spann, 502 Del Mar, spoke of the case as it affects Del Mar subdivision. Wanted to make sure that the owner of the bed and breakfast would have to come to the city for a hearing and be charged a fee. Ms. Sparta stated that the Del Mar Association was opposed to the Specific Use Permit because it could set a precedent. Mr. Schulte added that he would not be objectionable to a time limit and go through a renewal process. With regard to a question regarding the number of events that would be held per year, Mr. Schulte stated that the original number of events was 52, but explained that 40 would be the most feasible number of events. Tracy Smith, 211 Carfizo, provided information regarding a bed and breakfast on Atlantic Street closed the bed and breakfast because of the ordinance requirements. Ms. Smith stated that there are only three bed and breakfasts left in Corpus Christi. Commissioner Mims expressed concern with driving businesses out because of the conditions of the ordinance. Public hearing was closed. Commissioner Smith suggested that Mr. Schulte be provided a Special Events permit for one (1) year and the option for renewal. Chairman Berlanga stated that he believed Ocean House should remain as a bed and breakfast, but special events should not be allowed in residential areas. He read Section 25 of the ordinance. In response to Vice Chairman Mims, Mr. Saldafia stated that a traffic analysis was not conducted due to the fact that the property's only access is to an arterial which would not be affected by the specific use permit. -413- Planning ConmUssion Minutes I July 2, 2003 Case No. 0603-08 (Robert and Dahlia Schulte) Page 2 Vice Chairman Mims suggested that information regarding hotel/motel tax being paid should also provided. Commissioner Salazar stated that he believed that property values would be affected if the special events permit were approved. He continued that he was not comfortable with the number of property owners in fa'~or of the permit use. He also expressed concern regarding neighbors not attending the Commission meeting. Commissioner Pusley exp4essed concern for the precedent that would be established if the permit were approved. Howe~er, he stated that he would support the request if the applicant were required to renew every year.i Commissioner Richter expressed concern that the intent of the ordinance was not to hold a large number of special events. [She also expressed concern with the neighbors adjacent to the properly not submitting notification either in opposition or in favor. Commissioner Zamora stated that there are cases where the special events permit are compatible one of which was the current case. He agreed with the one year limitation and renewal if applicable. He also addressed the fact that there was only one neighbor at the meeting. Commissioner Amsler stated that he agreed with Commissioner Zamora and continued that there also be an additional requirement. The additional requirement would be that the neighbors could request that the permit be withdrawn if the use becomes incompatible with the neighborhood. Commissioner Stone suggested that the neighbors have been living with the bed and breakfast and are not opposed or are in favor because of their absence at the meeting. In response to Commissioner Stone's question, Mr. Saldafia stated that the permit is for land use and cannot be determined by the owner of the property. Commissioner Richter asked Commissioner Smith for parameters for renewal to which he stated that a 500-foot notification of property owners paid by the applicant. She suggested that each case be considered on its own merits. After one year, the Commission would hold the hearing for renewal. Mr. Harney, Assistant City Attorney, advised that the Commission could make a recommendation for a specific owner of the property. Motion by Mims, seconded by Pusley, request for sup for bed and breakfast special events, recertify on yearly basis, provide proof of hotel/motel taxes being paid, require a nominal fee for notification of 500-feet, change of ownership, and that the findings in my opinion as a matter of fact "25A-4.03" meet the findings with information before us. Motion passed with Amsler, Mims, Pusley, Richter, Salazar, Smith, and Stone voting "Aye"; and Berlanga voting "Nay". -414- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBERT AND DAHLIA/SCHULTE, BY CHANGING THE ZONING MAP IN REFERENC,,E TO LOT 2, MARKAMAY ESTATES, (CURRENTLY ZONED "R~IA ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME WITH SPECIAL EVENTS SUI~JECT TO A SITE PLAN AND TVVELVE (12) CONDITIONS; AMENplNG THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Robert and Dahlia Schulte for amendment to the of the City o~ Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18, 2003 and on July 2, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 granting a Specific Use Permit for a bed and breakfast home with special events on Lot 2, Markamay Estates, (currently zoned "R-lA" One-family Dwelling District), located on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive, as shown on the attached Exhibit A. SECTION 2. That the Specific Use Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following twelve (12) conditions: 1. USE: This Specific Use Permit allows a bed and breakfast home with special events and limited to the current operators, Robert and Dahlia Schulte. 2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms. 3. LODGERS: The number of lodgers permitted at any one time shall not exceed ten (10) lodgers. \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR~JOSEPH~-ONING~060308A.DOC -415- Page 2 of 4 4. SPECIAL EVENTS: The number of special events shall not exceed 40 events per year. 5. HOURS OF EVENTS The special events are limited to the hours between 8:30 a.m. and 10:00 p.m. Special events between 8:30 a.m. and 10:00 a.m. are limited to breakfast meetilngs. 6. GUESTS OF EVENT~;: The number of guests for any one special event shall not exceed 80 people. ~ 7. OFF-.STREET PARKING: One (1) off-street parking space for each bedroom in the bed and breakfast home and two (2) parking spaces for the residence. Off-street parking for all Special events must be valet parking to an approved parking area. 8. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon written request from City official and along with submission of renewal request. 9. SPECIAL EVENT SE(~URITY: Security for special events that serve alcoholic beverages must be provi~ted with at least one security officer for gatherings of 20 to 50 guests and at least two (2) security officers for gatherings of 51 to 80 guests. 10. MUSIC: Live music containing electric guitars, drum sets, or amplified instruments shall not be permitted. A microphone limited to toasts, announcements, or speeches may be permitted. No amplified sounds of any type shall be permitted after 10:00 p.m. 11. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the property. 12. TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1) year from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset the cots of advertising. 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. H:\LEG-DIRLJOSEPH~ZONING~060308A. DOC -416- Page 3 of 4 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. That publication st~all be made in the official publication of the City of Corpus Christi as required by th~ City Charter of the City of Corpus Christi. SECTION 8. That upon written ~request of the Mayor or five Council members, copy attached, the City Council (1) ~nds 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 dule as to consideration and voting upon ordinances at two regular meetings so that thi~ ordinance is passed upon first reading as an emergency measure on this 19t~ day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED .~/~.~_~ ~3 2003 JoseC/h Harney Assistant City Attorney For City Attorney H:\LEG-DIR~IOSE PH~.O NIN G~Z060308A,DOC -417- Page 4 of 4 Corpus Christi, Texas day of ., 2003 TO THE MEMBERS OF THE Clrl-Y COUNCIL Corpus Christi, Texas For the reasons set forth in the ~mergency clause of the foregoing ordinance, an emergency exists requiring SUSlqension 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 plass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRUOSEPH~.ONING~060308A.DOC -418- 10' (Not Used by Lot 1) 20' ALLEY 90.50' DENOTES · WOOD FENCE 6.5' LOT 7 LOT 1 Steel NBO'OB'OO"W Found Steel Pipe ALTA VISTA ON THE BAY BLOCK 5 LOT 6 Found 5/8' Steel Rod De t294 'Ay VA~..e THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDER,~. INSURANCE FLOOD HAZARD MAP AND FOUND THAT THE PROPERTf DESCRIBED HEREON IS NOT SITUATED IN A SPECIAL FLOOD HAZARD AREA. ZONE C. COMMUNI1Y NO. ~1-B546~- I HEREBY CERTIFY THAT THIS PLAT DEPICTS THE RESULTS OF A SURVEY MADE ON THE GROUND AND THAT THERE ARE NO VISIRLE MANMADE CONFLICTS. PROTRUSIONS OR ENCROACHMENTS. BUILDING LINE Steel Rod S~WART TITLE COMPANY G. F. NO. 01064500 BORROWER: EDWARD S. SHOEMAKER SURVEY OF PART OF LOT 2 MARKAMAY ESTATES, CORPUS CHRISTI NUECES COUNTY, TEXAS VOLUME 27. PAGE 60 MAP RECORDS HAAS SURVEYING Surveyed on the ground Feb. 22. 2002. -419- 33 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 19, 2003) Case No.: 0703-01~ Bryan Tuqker: A change of zoning from a "R-2" Multiple Dwelling District to a "R-lC" One-family Dwelling District 9n Flour Bluff and Encinal Farm and Garden Tracts, being 6 acres out of the south portion of Lot 14, Section 26,ilocated north of County Road 26a and eat of Quaff Springs Drive. Planning Commission and Stall's Recommendation {07/02/03): Approval. Requested Council Action: Apl~roval of the "R-lC" District and adoption of the attached ordinance. Purpose of Request: To develop a 35-1¢t single-family subdivision. Summary: The applicant has requested a change of zoning from "R-2" Multiple Dwelling District to a "R-lC" One- family Dwelling District in order to d~velop a 35-1ot single-family residential subdivision. Minimum lot size permitted in the "R-lC" District is 4,500 square feet, whereby the "R-2" District requires a minimum lot area of 6,000 square feet. The "R-lC" DistriCt density is 9.68 umts per acre or 63 units on the subject property, as compared to the "R-2" District at 14.52 units per acre or 95 units. The South Fork Subdivision area is developed with a mixture of "R-lC" and "R-2" District properties that contain single-family residences and townhouses. A change of zoning on the subject property to the "R-lC" District is compatible to the zoning pattern of the area. The south extension of Quail Springs Road to County Road 26A will provide an additional access point for the area. Overall, the Comprehensive Plan Elements can be supportive of the requested "R-lC" District. The Southside Area Development Plan's adopted future lamt use map recommends the area to develop with low to medium-density residential development. The "R-lC" District is consistent with the Southside Area Development Plan. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation Notification: Prior to the date of this memorandum, sixteen (16) notices were mailed to the property owners within a 200-foot radius, of which none were re~rned in favor or in opposition. This case is considered noncontroversial. Mich~ ~n~in~~ Assistant Director of Development/~ervices/ Director of Plarming MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Comrmssion Minutes 4) Ordinance H:~P LN-DIR~ERMA\WORD',AGENDM EM\0703 -01AGENDAMEMO.DOC -423- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: Flour Bluff and Encinal Farm and, north of County Road 26A and ea Area of Request: Lot{s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: 0703-01 July 2, 2003 G16D Bryan Tucker 5arden Tracts, being 6.60 acres out of Lot 14, Section 26, located ;t of Quail Springs Drive. 6.60 acres Same as above. "R-2" Multiple Dwelling District "R- 1C" One-family Dwelling D/strict Undeveloped land. 35-1ot single-family subdivision. Not applicable. North - "R-2" Multiple Dwelling!District and (across Quail Springs Road) PUD-2 "R-2" Planned Unit Development in a Multiple Dwelling District South - (across County Road 26A) "F-R" Farm-Rural District and "R-lB" One-family Dwelling District East -" F-R" Farm-Rural District West - (across Quail Springs Road) "R-lB" One-family Dwelling District and "AB" Professional Office District -424- Zoning Report Case No.0703-01 (Bryan Tucker) Page 2 Adiacent Land Use: North Single-family residences ~nd (across Quail Spring Road) single-family residences with attached single-family units. South - (across County Road 27A East -Undeveloped land and sc West - (across Quail Springs Rot Number of Residential Units All, "R-lC" - 63 units (9.68 dwelling t "R-2" 95 units (14.52 dwelling Undeveloped land, scattered housing and stable. atered housing. d) Vacant building and church. ~wed: nits per acre) units per acre) Estimated Traffic Generation: Single-family development - 10 average weekday vehicle trips per dwelling unit x 35 dwelling units = 350 average weekday vehicle trip ends. Single-family development - 10 average weekday vehicle trips per dwelling unit x 63 dwelling units = 630 average weekday vehicle trip ends. Single-family development - 10 average weekday vehicle trips per dwelling unit x 95 dwelling units = 950 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) Quail Springs Road -local County Road 26A - rural Right-of-Way Design Current: a) b) 50- foot of right-of-way with a 28-foot back-to-back paved section. 60-foot of right-of-way with a 28-foot back-to-back rural paved section. Planned: a) b) SaiTle as current. 80-foot of right-of-way with a 40~foot back-to-back paved section. Traffic Count (24-hour, weekday~ non-directional): a, b) None available. -425- Zoning Report Case No.0703-01 (Bryan Tucker) Page 3 Zoning History of Property: A request for rezoning from "R-2'! to "R-lC" was withdrawn on May 2002. Recent Surrounding Zoning Ca: None. Planning Staff Analysis: General Characteristics an, from "R-2" Multiple Dwel to develop a 35-1ot single-f. "R-lC" District is 4,500 sq of 6,000 square feet. The subject property, as compa 1 Background: The applicant has requested a change of zoning ling District to a "R-1C" One-family Dwelling District in order xnily residential subdivision. Minimum lot size permitted in the tare feet, whereby the "R-2" District requires a minimum lot area 'R-lC" District density is 9.68 units per acre or 63 units on the :ed to the "R-2" District at 14.52 units per acre or 95 units. The South Fork Subdivision ~ea is developed with a mixture of "R-lC" and "R-2" District properties that contain singie-family residences and townhouses. A change of zoning on the subject property to the" r ,,,~,R_!C District is compatible to the zoning pattern of the area. The south extension of Quail Springs Road to County Road 26A will provide an additional access point for the area. Overall, the Comprehensive Plan Elements can be supportive of the requested "R-lC" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with lbw to medium-density residential development. The "R-lC" District is consistent with the Southside Area Development Plan. Potential Housing Density: The "R-2" District perm/ts a residential density of 14..52 dwelling units per acre or 95 units on the subject property. In a "R-lC" District, residential development is limited to a density of 9.68 units per acre or 95 units on the subject property. Approval of the "R~I C" District would reduce the potential number of residential units in the area. Height/Bulk/Setbacks/Etc.: Both the "R-2" and "R-1C" Districts require a front yard setback of twenty (20) feet and side yards of five (5) feet. Si,~aage: Both the "R-2" and "R-lC" Districts permit only one wall sign with an area not to exceed one square foot. Freestanding signs are not permitted. The "R-2" and "R-lC" Districts permit monument church bulletin boards and identification signs not to exceed a total of thirty (30) square feet. -426- Zoning Report Case No.0703-01 (Bryan Tucker) Page 4 Traffic: The requested "R-~I C" District reduces the density of residential development and would in turn reduce the! amount of potential traffic generated by the "R-2" District development. Pros: (Ideas in support of the reqt~est.) a) The proposed single-famil2 ' development is consistent with the residential development in the South Fork Subdivisim area. b) The ~equested "R-1C" District is consistent with the adopted Southside Area Development Plan s recommended land 9se. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachment: Zoning Map H :\PLN-DIR\ERMA\WORD~ZONRPTS\07034) 1CCREPORT.DOC -427- SOUTH FORK 2 6 SOUTH FORK R-lC 2 rtl SUI FLOUR & INAL FARM & Jun 24, 2003 - RP o 10o 2o0 30o i I CASE Z0703-01 ~ Subject property ~'~ Owners within 200 feet listed on atteched ownership list -428- COMMENTS RECEWED FROM NOTICES MAILED Case No. 0703-01 Bryan Tucker · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from with!n the 200-foot notification area: Favor: Non4. Opposition: Non!. II. Responses received from ol~tside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None~ Opposition: None. HSPLN-DIR\ERMA\WORD\COMMDATA\0703-01 COMMENTS DOC -429- Planning Comrmssion Minutes July 2, 2003 New Zoning Case No. 0703-01 - Bryan Tuckqr REQUEST: "R-2" Multiple DWelling District to "R-lC" One-family Dwelling District on property described as Flour Bluff and Encinal Farm and Garden Tracts, being 6.60 acres out of hot 14, Section 26, and located north of County Road 26A and east of Quail Springs Drive. Ms. Goode-Macon presenljed a computerized slide illustration of the subject property and the surrounding area as being to the north - Single-family residences and (across Quail Spring Road) single-family residences wfith attached single-family units; to the south - (across County Road 27A) Undeveloped land, scCttered housing and stable; to the east - Undeveloped land and scattered housing; and to the west - (across Quail Springs Road) Vacant building and church. Ms. Goode-Macon stated Shat the applicant has requested a change of zoning from "R-2" Multiple Dwelling District to a "R-lC" One-family Dwelling District in order to develop a 35-1ot single-family residential subdivision. Minimum lot size permitted in the "R-lC" District is 4,500 square feet, whereby the "R-2" District requires a minimum lot area of 6,000 square feet. The "R-lC" District density is 9.68 units per acre or 63 units on the subject property, as compared to the "R-2" District at 14.52 units per acre or 95 units. The South Fork Subdivision area is developed with a mixture of "R-lC" and "R-2" District properties that contain single- family residences and townhouses. A change of zoning on the subject property to the "R-lC" District is compatible to the zoning pattern of the area. The south extension of Quail Springs Road to County Road 26A will provide an additional access point for the area. The Comprehensive Plan Elements can be supportive of the requested "R-lC" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with low to medium-density residential development. The "R-lC" District is consistent with the Southside Area Development Plan. Therefore, Staff recommends approval of the rezoning request. Motion by Zamora, seconded by Salazar, to approve StafFs recommendation. Motion passed with Berlanga being absent. -430- Page 1 of 3 AN ORDINANCE AMENDING THE ZON BRYAN TUCKER BY C TO FLOUR BLUFF A~ BEING 6.60 ACRES C MULTIPLE DWELLING I DISTRICT; AMENDING FOR ANY DEVIATION PLAN; PROVIDING F EMERGENCY. NG ORDINANCE, UPON APPLICATION BY 'IANGING THE ZONING MAP IN REFERENCE D ENCINAL FARM AND GARDEN TRACTS, UT OF LOT 14, SECTION 26, FROM "R-2" )ISTRICT TO "R-lC" ONE-FAMILY DWELLING THE COMPREHENSIVE PLAN TO ACCOUNT ~ FROM THE EXISTING COMPREHENSIVE :::)R PUBLICATION; AND DECLARING AN WHEREAS, the Planning Comrrlission has forwarded to the City Council its reports and recommendations concerning thee application of Bryan Tucker for amendment to the City of Corpus Christi Zoning Ordina/~ce and Zoning Map; WHEREAS, with proper notice t~ the public, public hearings were held on Wednesday, May 21, 2003, during a meeting Iof the Planning Commission, and on Tuesday, August 19, 2003, during a meeting of thff 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 corlvenience 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 6.60 acres out of Lot 14, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of County Road 26A and east of Quail Springs Drive, from "R-2" Multiple Dwelling District to "R-1C" One-family Dwelling District, as shown on the attached Exhibit A. (Map G16D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR~JOSEPH~.ONING\0703~01 REG,DOC -431 - Page 2 of 3 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication sl~all be made in the official publication of the City of Corpus Christi as required by th~9 City Charter of the City of Corpus Christi. SECTION 7. That upon written ~request of the Mayor or five Council members, copy attached, the City Council (l) f~nds 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 r~le as to consideration and voting upon ordinances at two regular meetings so that thi~ ordinance is passed upon first reading as an emergency measure on this 19t~ day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor, The City of Corpus Christi APPROVED ~,~.~ Joseph/~H/ra~ne~ ~ ~o Ass[stent City Attorney For City Attorney 2003 H:\LEG-DIR~JOSEPH~ZONING\0703-01REG.DOC -432- Page 3 of 3 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the er~ergency clause of the foregoing ordinance, an emergency exists requiring suspe~nsion 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 pa~ss this ordinance finally on the date it is introduced, or at the present meeting of the City! Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ZONING\0703-01 REG.DOC -433- t 870~-203 11:3BAN FROM PLANNING S12 888 3B90 P. 2 N28'sg'20'*E t RIDGE DRIVE ...... QUAJt .. SPRINGS NOT~: On &.,, o-/o'3-o '~ -434- 34 AGENDA MEMORANDUM PUBLIC HEARING - ZON1N Case No.: 0703-02~ D & J La Dwelling District to a "B-I' Neighbc Tract 2, and "T-lC" Manufactured Ho~ 33.64 acres out of Parcel 1, located sou (City Council Action Date: August I9, 2003) td Company, Inc.: A change of zomng from a "R-lB" One-family 'hood Business District on Tract 1, "B-4" General Business District on ae Subdivision on Tract 3. The property is on H. L. Kinney Lands, being h of I. H. 37 and west of Lantana Street. Planning Commission and Stalf's Recommendation (07/02/03): Approval. Requested Council Action: Al'proval of the "B-I" District on Tract 1, "B-4" District on Tract 2, and "T-l C" on Tract 3 and adoption of the ttached ordinance. Purpose of Request: To develop businOss uses and manufactured home subdivision. Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "T-lC" Manufactured Home SubdiviSion District for manufactured home development and to a "B-I" Neighborhood Business District and "1~-4" General Business District for unspecified businesses. The subject property is undeveloped and is divided hlto three (3) tracts. Tract 1 The subject property consist of 1.902 ac~s of undeveloped land and is proposed as a "B-I" Neighborhood Business District for the development of unspeciff~ed businesses. Direct access is provided along Lantana Street, a collector. The proposed" B-I" District could getnerate approximately eighty-one (81) vehicle trip ends. Business traffic generated from the proposed use would tlaverse the residential area fronting along Lantana Street, a collector, while accessing IH 37 or Leopard Street. North of the subject property is a "B-4" District area developed with a hotel. To the south is single-family residences andl Tract 3 that is proposed for manufactured home development. Along Lantana Street, east of the subject property is a "R-lB" District property developed with single-family residences. West of the subject property is Tract 2 ~roposed as a "B-4" General Business District and Tract 3 proposed as a "T-lC" manufactured home developmeat. A screening fence would be required along the south boundary of the subject property. The subject property is located in the Westside Area Development Plan that recommends the area to develop with single-family residences. However, the "B-I" District can generally be supported since the subject property is located along a collector street and has "B-4" District adjacency to the north. Tract 2 The subject property consist of 21.874 acres of undeveloped land and is proposed as a "B-4" General Business District for unspecified business development. The subject property has 2,184.80 feet of street fimntage along the IH 37 access roadway. The proposed "13-4" General Business Dis~'ict could generate approximately 1,220 vehicle trip ends. Such traffic could be supported by the access road. North of the subject property, across IH 37, is a "R-lB" District develop with single-family residences. To the south is Tractl proposed as a "B-I" District and Tract 3 proposed as a manufactured home subdivisinn. A developed "T-lC" District and "A-I' District is also south of the subject property. A hotel is located east of the subject property in a "B-4" District. West of Tract 2 is a city park and non-conforrcfing mobile homes in a "R-lB" District. The subject property is located in the Westside Area Development Plan that recommend~ the area to develop with general business along the IH 37 frontage road. The proposed "B-4" District is recommended for the subject property. -437- Agenda Memorandum Case No. 0703-02 (D & J Land Compaay, Inc.) Page 2 Tract 3 The "T-I C" District requires a minimun~ lot area of eight (8) acres and lot width and/or depth of three hundred (300) feet located on a public street or highway. The subject property consist of 9.869 acres of undeveloped property with an area plan with 1,689.68 feet of street frontage. Approximately 780 vehicle trip ends would be generated from the proposed use. The street planned for the proposed subdivision will accommodate the expected traffic. The preli~m?ary layout of the subject properly provides for forty-eight (48) manufactured home subdivision lots. The "T-lC District requires a minimum lt}t size of 4,500 feet. No~ of the subject property is Tract 1 and Tract 2 proposed as a "B-i" Neighborhood Bt{siness District and a,,"B-4,, General Business District. South of the subject property is a ,n, on-,cynforming mobile ~ome park zoned a R-lB District. Along the ea,s,t boundary is Tract l proposed as a 'B-1 District and single,family residences fronting Lantana Street in a "R-IB' District. To the west is a "A-I' District developed with aparllments. Further west is a "T-lC" District developed as a manufactured home subdivision. The subject property is located in an area that is recommended to develop with low-density residential uses. The "T-lC" Dislrict is a low-density residential district generally supported by the adopted Westside Area Development Plan. Applicant's Position: The applicant cc~ncurs with Plamfing Commission and Staff's recommendation Notification: Prior to the date of this memorandum, sixty three (63) notices were nutiled to the property owners within a 200-foot radius, of which one il) was returned in favor and two (2) in opposition. This case is considered noncontroversial. J'Micha~el N. Gunfl/ng, AICP / Assistant Director of Development Services/ Director of Planning MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Plarming Commission Minutes 4) Ordinance H 5P LN-D[R\ERMA~WORD~AGENDM EM\0703-02AGENDAMEM O.DOC -438- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: 0703-02 July 2, 2003 Map No.: K13D Applicant: D & J Land Company, Inc. Legal Description/Location: H. L. Kinney Lands, being 33.64 acres out of Parcel 1, located south ofL H. 37 and west of Lantana Street. Area of Request: Tract 1 - 1.902 acres Tract 2 - 21.874 acres Tract 3 - 9.869 acres Total acreage = 33.645 acres Lot(s) Area: Same as above. Current Zoning: "R- 1 B" One-family Dwelling District Request: Tract 1 "B-I" Neighborhood Business District Tract 2 "B-4" General Business District Tract 3 "T- 1C"Manu£actured Home Subdivision District Current Use of Proper ,ty: Undeveloped land. Purpose of Request: Business uses and manufactured home subdivision. Zoning Change Requested Due to Notice of Violation: Not applicable. -439- Zoning Report ~ Case No. 0703-02 (D & J Land Compan)~, Inc.) Page 2 Adiacent Zoning: North - (across IH 37) -"R-IB"[One-familyDwellingDistrict South - "R-lB" One-family Dwelling District, "A-I" Apartment House District, "T-lC" Manufactured Home Subdivision District ,, East - "R-lB" One-family Dwelling District and "B-,4, General Business District "T-lC" West - "R-lB" One-family DvOelling District, "A-I' Apartment House District and Manufactured Home Subdivision District Adiacent Land Use: North - (across 1/-I 37) Single-fanCily residences. South - Manufactured homes, sirlgle-family residences and multiple-family uses. West - Manufactured homes anq~ City park. East - Single-family residences! and hotel. Number of Residential Units Allowed: "R-lB' - 244 units (7.26 dwellin$ units per acre on 33.645 acres) "T-lC" - 78 units ( 8 mobile homes per acre on 9.869 acres) "B-I" 69 units (36.30 dwelli*g units per acre on 1.902 acres) "B-4" - 794 units (36.30 dwelling units per acre on 21.874 acres) Estimated Traffic Generation: Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 244 dwelling units = 2,440 average weekday vehicle trip ends. Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 78 mobile home units = 780 average weekday vehicle trip ends. General business - 40.67 average weekday vehicle trip ends per 1,000 feet of gross floor area x 2,000 square feet of average small building type = 81 average weekday vehicle trip ends. General business - 40.67 average weekday vehicle trip ends per 1,000 feet of gross floor area x 30,000 square feet of average large building type ~ 1,220 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) c) Interstate Highway 37 - interstate Lantana Street - collector Skyline Drive - local -440- Zoning Report Case No. 0703-02 (D & J Land Company, linc.) Page 3 Right-of-Way Design Current: a) b) c) 400-foot right-of-way with ~ 200-foot back-to-back paved section. 60-foot right-of-way with ~ 40-foot back-to-back paved section. 50- foot right-of-way withla 28- foot back-to-back paved section. Planned: a,b,c) Same as current. Traffic Count (24-hour, weekda~ non-directional): a) b) c) 67,518 vehicles per day. 3,980 vehicles per day. None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surroundine Zonine Cases: September 1998, 7.14 acres of land south of the subject property was rezoned from "R-1B" to "T-lC" December 1998, eleven (11 ) lots east of Benys Road was rezoned from "A-I" to "T-1C". Planning Staff Analysis: General Characteristics anql Backeround: The applicant has requested a change of zoning from a "R-lB" One-family;Dwelling District to a "T-lC" Manufactured Home Subdivision District for manufactured home development and to a "B-I" Neighborhood Business District and "B-4" General Business District for unspecified businesses. The subject property is undeveloped and is divided into three (3) tracts. Tract 1 The subject property consist of 1.902 acres of undeveloped land and is proposed as a "B-I" Neighborhood Business District for the development of unspecified businesses. Direct access is provided along Lantana Street, a collector. The proposed" B-I" District could generate approximately eighty-one (81) vehicle trip ends. Business traffic generated from the proposed use would traverse the residential area fronting along Lantana Street, a collector,. -441- Zoning Report Case No. 0703-02 (D & J Land Compan3~, Inc.) Page 4 while accessing II-t 37 or Leopard Street. North of the subject property is a "B-4" District area developed with a hotel. To the south is single-family residences and Tract 3 that is proposed for manufactured home development. Along Lantana Street, east of the subject properly is a "R-1B" District property developed with single-family residences. West of the subject property is Tract 2 proposed as a "B-4" General Business District and Tract 3 proposed as a "T-lC" mfinufactured home development. A screening fence would be required along the south bohndary of the subject property. The subject property is located in the Westside Area Development Plan that recommends the area to develop with single- family residences. However, the "B-1" District can generally be supported since the subject property is located along a collector street and has "B-4" District adjacency to the north. Tract 2 The subject property consist of 21.874 acres of undeveloped land and is proposed as a "B-4" General Business District for unspecified business development. The subject property has 2,184.80 feet of street frontage along the IH 37 access roadway. The proposed "B-4" General Business District could generate approximately 1,220 vehicle trip ends. Such traffic could be supported by the access road. North of the subject property, across IH 37, is a "R-lB" District develop with single-family residences. To the south is Tractl proposed as a "B-1" District and Tract 3 proposed as a manufactured home subdivision. A developed "T-1C" District and "A-1" District is also south of the subject properly. A hotel is located east of the subject property in a "B-4" District. West of Tract 2 is a city park and non- conforming mobile homes in a "R-lB" District. The subject property is located in the Westside Area Development Plan that recommends the area to develop with general business along the IH 37 frontage road. The proposed "B-4" District is reconunended for the subject property. Tract 3 The "T-lC" District requires a minimum lot area of eight (8) acres and tot width and/or depth of three hundred (300) feet located on a public street or highway. The subject property consist of 9.869 acres of undeveloped property with an area plan with 1,689.68 feet of street frontage. Approximately 780 vehicle trip ends would be generated from the proposed use. The street planned for the proposed subdivision will accommodate the expected traffic. The preliminary layout of the subject property provides for forty-eight (48) manufactured home subdivision lots. The "T-lC" District requires a minimum lot size of 4,500 feet. North of the subject property is Tract 1 and Tract 2 proposed as a "B-I" Neighborhood Business District and a "B-4" General Business District. South of the subject property is a non- conforming mobile home park zoned a "R-lB" Distr/ct. Along the east boundary is Tract 1 proposed as a "B-I" District and single-family residences fronting Lantana Street in a "R-lB"District. To the west is a "A-I" District developed with apartments. Further west is a "T-lC" District developed as a manufactured home subdivision. The subject property is located in an area that is recommended to develop with low-density residential uses. The "T-lC" District is a low-density residential district generally supported by the adopted Westside Area Development Plan. -442- Zoning Report Case No. 0703-02 (D & J Land Company, linc.) Page 5 Potential Housing DensiW: The "R-lB" DisMct permits a density of 7.26 dwelling units per acre or 244 units on the subject property with a minimum lot size of 6,000. A "T-lC" District permits 8 dwelling units per acre or 78 units on the subject property with a minimum area of eight (8) acres and lot size of 4,500 square feet for each unit. The "B-I" District permits a density of~36.30 dwelling milts per acre or 69 units on the subject property. The proposed "B-4" Distric: would permit 36.30 units per acre or 794 units. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a lot width of 50 feet with a front yard setback of 25 feet and s de and rear yard setback of five (5) feet each. A "T-lC" District requires a lot width of 45 fe st with a front yard setback of twenty (20) feet and a side yard of six (6) feet, with a total u lobstmcted side yard of twenty (20) feet. The rear yard setback requirement is ten (10) feetL Building heights are limited to 35 feet not to exceed three (3) stories in both Districts. In the "B-I" and "B-4" District, there are no side or rear yard setbacks unless adjacent to p residential district where a setback of ten (10) feet would be required along that residenti}al adjacency. Tract 1 has residential adjacency to the south and west and Tract 2 has residei~tial adjacency to the south. Height limitations in the "B-I" District is 35 feet. The "B-4" District does not have height limitations. Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed one square foot. In the "T-lC" District, temporary non-illuminated signs shall not be more than four (4) square feet in area pertaining to the lease or sale of a HUD-code manufactured home or premises on whiah such sign is located. Wall signs in the "B-I" District are unlimited but the freestanding sign is limited to one sign per premise with a sign area of forty (40) square feet and a height of twenty (20) feet. Signs in the "B-4" District are unlimited providing they are placed twenty (20) feet behind the property line. Traffic:. Tract 1 and Tract 2 proposed for business development could generate 81 and 1,220 vehicle daily trip ends, respectively. Tract 1 has direct access to IH 37 while Tract 2 is adjacent to Lantana Street. Tract 3 proposed for the manufactured home subdivision can accommodate 78 units that generate approximately 780 vehicle daily trip ends with access either plan to Lantana Street, a collector and/or to 13I 37 access road. Both access points could handle the development of the manufactured homes. Parking/Screening: A dwelling unit is required to provide 1.5 off-street parking spaces for each one-bedroom unit and two (2) off-street parking spaces for each unit containing two (2) bedrooms or more. A manufactured home subdivision shall require at least two (2) off-street parking spaces per lot. Compliance with the off-street parking regulations will be required during the permitting phase of the development. A standard screening fence is not required for "R-1B" residential development. The "T-1 C" District requires that a manufactured home subdivision shall be surrounded by a standard screening fence. A standard screening fence with a height of not less than six (6) feet is required when a business of industrial use locates adjacent to a residential district. A standard screening fence will be required along a portion of the south boundary of Tract 1 and 2. -443- Zoning Repofl Case No. 0703-02 (D & J Land CompanB Inc.) Page 6 Pros: (Ideas in support of the reqtlest.) a) Tract 1 has direct access to a collector street and Tract 2 is adjacent to the IH 37 access road. Both roadways can support business traffic generated from the subject properties. b) Tract 3 is north and east ore "T-lC" District. The proposed "T-lC" District is an extension of that district to the north hnd east. c) The requested "T-1C" District is a low density residential District that is similar to the "R-lB" District. Cons: (Ideas in support of maintaining the current zoning.) a) The Westside Area Development Plan supports single-family residential development and not manufactured home development for Tract 3. Staff Recommendation: Approval. Attachments: Zoning Map Preliminary Layout Plat H :\PLN -DIRXERMA\WORDXZONRPTS~2003\0703-02CCREPORT.DOC -444- Jun 25, 2003 - RP CASE Z0703-02 ~ Subject property ~ C~ners within 200 feet llsted -445- on ottoched ownership llst —h----------- — 1 Q1 1 1 No. n�--1 L J- J,- 1 ZD,, OBNE T- - g II �1 .____ .•r •• 6.1.151281JO•n,., _______-_______--__ Y161t79T Jel.- LOT 1. ROC\- ."$ I I 2,14 4LRf / 'gull / LOT 1. MLOCK 3 II a ll_lf n:l. 11, un. lOf 1•_1etO +� 4 tollK 1 j Lor 1e. ROC. I / LOT 13. BLOC. ]. = COT 31, ROC. t 11 nawrr. ldedw5ierr � NX. 12, e.DE 52 11 / . 4.95 C -ES II wm 6 / B-4 2 e-4 7tlNC pr. x.E Ly DS O< r.f Dt _ _�x-L _ 9-4 20NE II - / - ♦ lypr•L � IRJ' i-Of-�Y !R[Tf 4•Ct:IYN Y Ory fy.xr V,��y Cys Y�f�r�arw b iet 9wM Mr ernW Y tw 1w. x+40 L�+^'wrr 1aa w w.i r�•.z�w �. as sr.+.\ .•..r e.W .. 4 Y x+ �i�w� u crr�[r 4444 r.nhr 4rtesprE NlDln/4. 1 Q1 1 1 No. n�--1 L J- J,- 1 ZD,, OBNE T- L 1J—I_L—i_I_1__I �1 .____ .•r •• 6.1.151281JO•n,., _______-_______--__ lypr•L � IRJ' i-Of-�Y !R[Tf 4•Ct:IYN Y Ory fy.xr V,��y Cys Y�f�r�arw b iet 9wM Mr ernW Y tw 1w. x+40 L�+^'wrr 1aa w w.i r�•.z�w �. as sr.+.\ .•..r e.W .. 4 Y x+ �i�w� u crr�[r 4444 r.nhr 4rtesprE NlDln/4. 1 Q1 1 1 No. n�--1 LOCATION MAP N.T. .____ .•r •• 6.1.151281JO•n,., _______-_______--__ Y161t79T Jel.- LOT 1. MLOCK 3 ]1 �': f•l•B ll_lf n:l. 11, un. lOf 1•_1etO +� 4 tollK I Lor 1e. ROC. I / LOT 13. BLOC. ]. = JLY :C -Y iL R nawrr. ldedw5ierr � NX. 12, e.DE 52 11 1 4C9C5 . . 4 xY wm 6 / B-4 2 e-4 7tlNC pr. x.E Ly DS O< r.f Dt _ _�x-L _ w i • Q _ -r-csar--_.caw-5 - - ♦ - I / y 1 E BL EBONY 9 Ks .NE. fe419'20 ] 5Y- Ir W' LOT J RDD. 1 �I �Ne9•59'aDY L'oL ]e. M. 107 1. Lbrf 1).l MO . a«. 1 9•LL K 4 P. 74.75' u t1 m f 14 . 1e . Ol - n t n y 1. y u q f n 1a • f e r r • E vr\.r-y>•:'`3- f E O 5 f -', - f 4 1 Is (M w 9w A.T r r frr Orb A VLI >� u(1.w ♦w.wLrt1 1•x/1' r..t a ror r urLre taCLnt w rs1Bw (s w \94wrr n.r�ao erL-n 11LfG mwrcne A 4\ n.w4e rrr smn. �pT.uw WLL i Or LM O Orxw LATMC Y (0✓. U[ wV4lte YeONK (T\ w 0� w.f m+..Clte A TTt nr.Ore flCrA OwwN 'r11�r+• mL�K-n :i in Waw Nr r0 Nr ALL f � Ytbr fYl t (b\AS+TO P(f 11 Lb Rrb tl L+ r11u0L A Al Irrewp .ACry, Aw .a N\ 4 r xrL a r+o r eawrurts Ow CCNU COLrc41r, t 117 9KDeM "'E. "Ms. T1 79]99 Ew 1,fr9 IMB.N ENGNEEMNO 7725 SNDIMEN EORws prwSn, rt 7904 r -x1-04_3101 1w 1M1( I.. LCP[f IN 1v e..cn r, 44rno M rK r9u WOf u0 LOrf 10 .r0 11. ROC[ L IINrw fub.t61 ML 1 BLct fl Nr wt0\OS d W(Ctf (earn t 4f ]1 �': f•l•B ll_lf n:l. 11, un. lOf 1•_1etO 12 1, 10 • e 1 E f .Q N JLY :C -Y iL _'_ 4T x�G rS rf Wr xK. 4P 4 xY r yr pr. x.E Ly DS O< r.f Dt _ _�x-L _ w i • Q _ -r-csar--_.caw-5 - - N'o0YL•- e9'S9,00 BL EBONY 9 Ks .NE. Ir W' LOT J RDD. 1 �I �Ne9•59'aDY L'oL ]e. M. 107 1. Lbrf 1).l MO . a«. 1 9•LL K 4 74.75' L Ia D a¢i > aotio� �, Kjn ■ MWO br.S... CMS 1. 1-11, 1 e .OLlvra wtKrrb wM wi K r\ID 1. Y 1M[ ,Yf Y TnuL.O+. ,01 11 aeCf L Le, 1. l IU f1. LOT r �� f• Pwr� `•1/Y WK=t h[ beN(B/DMLOKB Is (M w 9w A.T r r frr Orb A VLI >� u(1.w ♦w.wLrt1 1•x/1' r..t a ror r urLre taCLnt w rs1Bw (s w \94wrr n.r�ao erL-n 11LfG mwrcne A 4\ n.w4e rrr smn. �pT.uw WLL i Or LM O Orxw LATMC Y (0✓. U[ wV4lte YeONK (T\ w 0� w.f m+..Clte A TTt nr.Ore flCrA OwwN 'r11�r+• mL�K-n :i in Waw Nr r0 Nr ALL f � Ytbr fYl t (b\AS+TO P(f 11 Lb Rrb tl L+ r11u0L A Al Irrewp .ACry, Aw .a N\ 4 r xrL a r+o r eawrurts Ow CCNU COLrc41r, t 117 9KDeM "'E. "Ms. T1 79]99 Ew 1,fr9 IMB.N ENGNEEMNO 7725 SNDIMEN EORws prwSn, rt 7904 r -x1-04_3101 1w 1M1( I.. LCP[f IN 1v e..cn r, 44rno M rK r9u WOf u0 LOrf 10 .r0 11. ROC[ L IINrw fub.t61 ML 1 BLct fl Nr wt0\OS d W(Ctf (earn t 4f COMMENTS RECEWED FROM NOTICES MAILED Case No. 0703-02 D & J Land Company, Inc. · - FAVOR X - OPPOSED (Note: The listed numbers corresp4nd to the attached map.) I. Notices returned from withi~ the 200-foot notification area: Favor: 33) Robert R. Martin, c/p Marlin Agency Realtor, P. O. Box 8801 No written commeni. Opposition: 38) Abel Longoria, 833 Lantana 45) "Too much traffic o~a Lantana now." Deimis H. Clark, 2539 S. 64th St., Milwaukee, WI 53219 No written comment. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. IlL Responses received from owners/applicants of subject area: Favor: None. Opposition: None. ' - H:~P LN.DIR~ERiVlASWORD\COMM DATA\0703 -D2COMM ENTS.DOC -447- Planning Commission Minutes July 2, 2003 0703-02 - D & J Land Company, lnc. REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on Tract 1, "B-4" General Business District on Tract 2, and "T-1C" Manufactured Home Subdivision District on Tract 3 on property described as H. L. Kinney Lands, being 33.64 acres out of Parcel 1, and located south ofI. H. 37 and west of Lantana Street ~ Mr. Salazar abstained from participation and left the meeting at 7:15 a.m. Ms. Goode-Macon provi~ted a slide illustration of the subject property and the surrounding area. The applicant~ gas requested a change of zoning from a "R-lB" One-family Dwelling District to a "T-1C" M~ufactured Home Subdivision District for manufactured home development and to a "B-I" N~ighborhood Business District and "B-4" General Business District for unspecified businesses[. The subject property is undeveloped and is divided into three (3) tracts. I. Tract 1 The subject property consist o~f 1.902 acres of undeveloped land and is proposed as a "B-I" Neighborhood Business District for the development of unspecified businesses. Direct access is provided along Lantana Street, a collector. The proposed "B-i" District could generate approximately eighty, one (81) vehicle trip ends. Business traffic generated from the proposed use would traverse ihe residential area fronting along Lantana Street, a collector, while accessing IH 37 or Leopard Street. North of the subject property is a "B-4" District area developed with a hotel. To the south is single-family residences and Tract 3 that is proposed for manufactured home development. Along Lantana Street, east of the subject property is a "R-lB" District property developed with single-family residences. West of the subject property is Tract 2 proposed as a "B-4" General Business District and Tract 3 proposed as a "T-lC" manufactured home development. A screening fence would be required along the south boundary of the subject property. The subject property is located in the Westside Area Development Plan that recommends the area to develop with single- family residences. However, the "B-I" District can generally be supported since the subject property is located along a collector street and has "B-4" District adjacency to the north. II. Tract 2 The subject property consist o~' 21.874 acres of undeveloped land and is proposed as a "B-4" General Business District for unspecified business development. The subject property has 2,184.80 feet of street frontage along the IH 37 access roadway. The proposed "B-4" General Business District could generate approximately 1,220 vehicle trip ends. Such traffic could be supported by the access road. North of the subject property, across IH 37, is a "R-lB" District develop with single-family residences. To the south is Tractl proposed as a "B-I" District and Tract 3 proposed as a manufactured home subdivision. A developed "T-lC" District and "A-I" District is also south of the subject property. A hotel is located east of the subject property in a "B-4" District. West of Tract 2 is a city park and non- conforming mobile homes in a "R-lB" District. The subject property is located in the -448- Planmng Commission Minutes i July 2, 2003 Case No. 0703-02 (D&J Land Company, Inc.) Page 2 Westside Area Development Pl~an that recommends the area to develop with general business along the IH 37 frontage road. !The proposed "B-4" District is recommended for the subject property. II. Tract 3 The "T-lC" District requires a ~ of three hundred (300) feet lc consist of 9.869 acres of undev, frontage. Approximately 780 The street planned for the prot ainimum lot area of eight (8) acres and lot width and/or depth zated on a public street or highway. The subject property :loped property with an area plan with 1,689.68 feet of street ehicle trip ends would be generated from the proposed use. osed subdivision will accommodate the expected traffic. The preliminary layout of th,~ sub~!,e~,t property provides for forty-eight (48) manufactured home subdivision lots. The T-lC District requires a minimum lot size of 4,500 feet. North of the subject property is Tract 1[ and Tract 2 proposed as a "B-I" Neighborhood Business District and a "B-4" General Business District. South of the subject property is a nonconforming mobile home pOrk zoned a "R-lB" District. Along the east boundary is Tract 1 proposed as a "B-I" Distriot and single-family residences fronting Lantana Street in a "R-lB" District. To the west is a "A-I" District developed with apartments. Further west is a "T-lC" District developed a~ a manufactured home subdivision. The subject property is located in an area that is recommended to develop with low-density residential uses. The "T-lC" District is a low-density residential district generally supported by the adopted Westside Area Development Plan. Therefore, Staff recommenCts approval of the rezoning request. Public hearing was opened by Vice Chairman Mims Burris McCree, 5717 Oso Parkway representing Jim Baldwin, stated that he supported Staff's recommendation. Commissioner Pusley requested information regarding access to IH 37. Chuck Urban, 2725 Swantner, provided information regarding access points along IH 37. The map provided illustrated acces~ parallel to IH 37. Public hearing was closed. Motion by Smith, seconded by Stone, to approve Staffs recommendation. Motion passed with Berlanga, Richter, and Salazar being absent. -449- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY D & J LAND COMPANY REFERENCE TO H.L. BEING 33.645 ACRE~ FAMILY DWELLING DI: DISTRICT ON TRACT TRACT 2 AND "T-1 DISTRICT ON TRACT3 ACCOUNT FOR A~ COMPREHENSIVE PL DECLARING AN EMER INC. CHANGING THE ZONING MAP IN [INNEY LANDS, DON PATRICIO SUBDIVISION, OUT OF PARCEL 1, FROM "R-lB" ONE- ;TRICT TO"B-I"NEIGHBORHOOD BUSINESS 1,"B~" GENERAL BUSINESS DISTRICT ON C" MANUFACTURED HOME SUBDIVISION ;AMENDING THE COMPREHENSlVE PLAN TO IY DEVIATIONS FROM THE EXISTING ~N; PROVIDING FOR PUBLICATION; AND ~ENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning tl~e application of D & J Land Company, Inc. for amendment to the City of CorpDs Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice ~o the public, public hearings were held on Wednesday, May 21, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, during a meeting of tHe City Council, in the Council Chambers, at City Ha , n 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 ti~e general weifare 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 33.645 acres out of Parcel 1, H. L. Kinney Lands, located south of I. H. 37 and west of Lantana Street, from "R-I B" One-family Dwelling District to "B-1" Neighborhood Business District on Tract 1, "B-4' General Business District on Tract 2 and "T-1C" Manufactured Home Subdivision on Tract 3, as shown on the attached Exhibit A. (Map K13D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR~JOSEPH~.ONING\0703-02REG.DOC -450- Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoni~hg Ordinance, as amended by this ordinance. SECTION 5. That all ordinance~ or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication sh Corpus Christi as required by th~ SECTION 7. That upon written attached, the City Council (1) f~ immediate action necessary for and (2) suspends the Charter ri two regular meetings so that thi.~ emergency measure on this 19th ]11 be made in the official publication of the City of City Charter of the City of Corpus Christi. equest of the Mayor or five Council members, copy nds and declares an emergency due to the need for he efficient and effective administration of City affairs de as to consideration and voting upon ordinances at ordinance is passed upon first reading as an day of August, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED /i, ¥~,~7~ JosephH r~ney//'( ~ Assistant City Attorney For City Attorney 2003 H:~LEG-DIRtJOSEPH~ZONING\O703-02REG.DOC -451- Page 3 of 3 Corpus Christi, Texas __. day of ., 2003~ TO THE MEMBERS OF THE CiTY COUNCIL Corpus Christi, Texas For the reasons set forth in the ~mergency clause of the foregoing ordinance, an emergency exists requiring sus@ension of the Charter rule as to consideration and voting upon ordinances at two r~gular meetings. I/we, therefore, request that you suspend said Charter rule and I~ass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ZONING\0703-02RI:G.DOC -452- $-BB-203 ~ 1:27AM FROM PLANNING 512 888 3S98 P. 2 (361)8,54-3101 JOB NO. 39002.00.00 J[FNE 13, 2003 P.©, [tax ~ 355 .. CORPUS CHRISTI, TEXAS 78466-6355 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES tbr the RE-ZO[NING of a 1.902 ~cre (82,8.'i7.80 square toot) tract oflat~d (nOt based on an on~ thc-ground survey) out of a 34.3 acre h"a~:l of laod out of Parcel I. H,L. Kinney Lands, described in Warranty Deed r¢cordcd in Document No. 2003008290.I Ol'~lcial Pub{ir Records of Real Property of Nueces Counly. Texas; and out Lots I0 ,,and I I. Block 3, [,antana Subdit, isi0n, a map of which i_~ recorded in Volume 12, Page 52, Map Records of Nuece$ County. Texas said tract 0fhmc~ being more fully described by me es and bounds ~ follows: BEGINNING on thc west bounded' of L,antana Street. a 60 foot wide public madxvay, for thc common east comer ofLot~ 9 and 10. Block 3. said L~ntana Subdivision, for a corner of this tract; THENCE. WesL, along the noffimon bottnthlty of said Lots 9 and 10, Block 3, a distance o[- 125.04 feel to thc common west corner of'~ald Ix, ts 9 av.d 10. Block },' tbr a comer of this ~tact: THENCE. South. along the west boundary, of said Lantana Subdivision, a distance of 19,04 feet for a comer of this tract; FAX (361 )854-6001 THENCE. North 89059'00' Verst. a ali.stance of 160.00 feet for a corner of this tract; THENCE. South. a distance of 9.13/~et Iht a comer of this tract; 'r~-IENCE. North 89~fi9'00*' Wlest., a distnnce of 324.41 feet for a con,~r o,fthis frae'l: THENCE, North, u distance st 144.13 t'eet for the northwest corner st'this u'aet; tHENCE South 89*59 00 ' n~.t a di - o · .. . ~-., ' £as, stance t'609,44 I-eel to ho west boundary of the abov~ mention~cl Lantern Street, Itbr th~ southwest comer of Lot 16. Block 3, l,an~aaa Industrial A~ctt, a map of which is recorded in Volume 40, Page 8, Map Rcc ~rds ) 'Nu4'ces Cc mO'. Texas fi)r thc nt~rthe~,~t c~!mer of'said Lot 1 I. Brock 3 and st'this tract; THENCE, .qouth, ~long thc wd~t boundaQ' of said Lantana Street, ~am~ being ~h¢ cast boundaw si said Lant~a Subdivision, a dist~me of 115.~ feet to thc POIN'r OF BEGINNING ~mtt containing 1,902 acres (82.857.80 squ~ fe~) of land. Beatings based on the rncorded plat of Lantana Subdivision, a map of v*hich is recorded in Volume 12. page Map Records of Nueccs Count>,. T*zxlas Unles~ this Field Notes Description, including preamble, seal and signature, appears in it:; original lbrm, surveyor assumes no rcsponslbiRy or liability' lbr its accur4c'q 2725 ~ANTNER DR, * CC I, TE~S 7~ mailcu~oneng.com -453- .~ ENGINEERING · License No. 4710 m a co co N N z Z a 0 L co N co OUt of res q 3 ACr�e1 �ar'ds ri6.J tiL �5 3 Pa onY. PUe tex K rlned CO °POffcow)(1 Y, LOF'6290- ces 0&0010ofN (0�1 ee t No ,ro pertY 00cuof Rpt Roc ords Interstate 'ghway No. 37 Lot 16, Block 3 Lantana lndustda/ Area Iro% 40, P9. B, Map Records or Nueces County, Texas S89':;9'OO'E 669.44' 1.901 Acres 81.857.80 sq. 11, SOUTH 19,041- 9.13' N89'59'001k 324.41' N89'59100'W 160.00' Exhibit B Map to Accompany f)EU8f E to Me RE-IMX N o 1.902 arae (81,857.80 squm tool) vocl of land (ad based m mr oo-lhe-grW toney) aut of o NJ one Irocl of ked out of Pace I, NL. Kuney Lord; descnbed in Bmcm,ty Deed cecadcd in Ibtcmrnt Ro. 10aJ00 K NoW PuMk Retards d Red Rop tty of Atwaa Comity, Isar and out of Lots 10 oM 11, Ach .1 Lonlone Ud'iak 0 mop of rhiah a cecaded k Mhwro 11, Pogo 52.. Hap Records of Maas County, Texor. Lot 17 LI 10 WEST I DATE: JUNE 13, 2003 VBtRNSC'FI'm '02. JOB NO.: 3900200.00 GINENG SHEET:1 OF 1s onca DRAWN BY: RR f" ''�' �`a" 1j CHECKED 8Y; XG 3 04 � Q O ri 7 y11t J a® v1NT Of BEGINNING' f flELDNOMY DESCR/PIION Trac} � DATE: JUNE 13, 2003 VBtRNSC'FI'm '02. JOB NO.: 3900200.00 GINENG SHEET:1 OF 1s onca DRAWN BY: RR f" ''�' �`a" 1j CHECKED 8Y; XG (361)854-3101 FROM PLANNING ~12 880 3590 PO. BOX 0355 · CORPUS CHRISTI, TEXAS 78466-6355 P. 4. JOB NO, 39002.00.00 SUNE 13, 2003 FAX (361)8S4-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the RE-~ONING of a 21,874 acre tract of land (not based on an on-the-ground survey) out ora 34.3 acre tract ?fla~d out of Parcel 1, H.L. Kinney Lands, described in WarranW Deed recorded hq Document No, 2003008~90. Official Public Records ~fReal Prope~o/ofNueces County, Texas; said tract of land being more i~}ly described by metes and bounds as follows: BEGINNING on Qle south ~oundary of Interstate Highway 3'*. a public roadway, for the no.~.hwest comer of Lot 16, Block ~, La~tana Industrial Area, a map of which is recorded in Volume 40, Page g, Map Records of Nueces County, Texas, same being Ne noaheast comer of this tract; THENCE, South, along the west boundary of sb. id Lot 16. Block 3, a distance of 307,53 feel to the outawest corner of sa~d Lot 16, Block ~ ' * · THENCE, North 89'59'00" West, a distance of 134.90 feet for a comer et'this tract; THENCE, South, a distance { f 34.13 i-bet for a corner of this tract; THENCE, North 89'59'00" W~,st, a distance of 1,280.00 feet for a comer of this tract; THENCE, South, a distanc, of $1.00 feet to the common northeast comer of Lots 12 and 13, ttorizon Estates, a map et' whic~ is recorded in Volume 42, Page 94, Map Records of Nucces County. Texas, tbr a comer of this tract; TI 1ENCE, North 89'59'00" West along the north boundam, of sa d Horizon Estates, a distance of 739.16 feet to the east boundary of Benys Road, a 50 foot wide public road~vay, for the northwust Corner of Lot 22, said Horizon Estates and a corner et this tract; THENCE, North, along the east boundary of said Benys Road, a distance of 86.73 feet to the northeast intersection et'said Benys Road and Skyline Drive, a 50 foot wide public roadway, for a corner of this tract; THENCE, West, along the north boundary of said Skyline Drive, a distance of 25.00 fern to southeas~ comer of Lot l-A, Mobil ISstate~, a map of which is r~corded in Volume 37, Page 150, Map Records of Nueces County, Texas, for a comer of this tract; THENCE, North, along the east boundary of said Lot I-A. a distance ot'457.29 feel to the south boundary of the above mentioned lnlerstate Highway 37, for the northeast comer of said Lot I-A, and the northwest corner of this tract; 2725 SWANTNER DR. * CORPUS CHRISTI, TEXA~ 78404 8--06--203 11:2~AM FROM PLANNING ~12 880 3590 THENCE, South $6'15'55'~ East, along the south boundary of said Interstate Highway 37, a distance of 1,362.00 feet Ioa point; I THENCE, South 86'41' 15'~ East, contimfing along the south boundary of said Interstate Highway 37, a distance of 286.70 feet to point; THENCE, South 86'22'39'! East, continuing along the south boundary of said Interstate Highway 37, a distance of 363.26 l~:ct to a po~t; · THENCE, South 82 06 09'I 'East, continuing along the south boundary ofsa:d interstate H~ghway 37, a d~stance of 172.84 feet to the P~D[NT OF BEGINNING and containing 21.g74 acres of land. Bearings based on the recorded plat of Horizon Estates, a map ofwhlch is recorded in Volunle 42, Page 94, Map Records of Nuecos COunty, Texas. Unless this Field Notes DeScription, including preamble, seal and signature, appears in its original form, survcyor assumes no responsil}ilty or liability for its accuracy. DAN' L. UP.B'~N, R.P.LS. Li~:ense No. 4710 -456- = r tkraon Arae 4 Interstate HighWGy No. 37 S8815'55"ES86'41'150E ©1J 1,362,00' 286.70' S82'06'09'E S86'22'39'E 363.26' 172.84' t of oU PG col 1 ds 3q.5 Pofce �o� rnL�bic os 'POKOF&MN10 FOR ey x t1 orlp ff �;o� Pty• Te FIEZONOIES DESCRIPAOIV o tem n c p+f' 11.874 Acres M . �4�0 . �p'o�pof 90UeLeS C 951,819. 10 sg.lf. a&o -WEST 25.00' (01, le(: NO. 90Y pooL)ofe Pool P to 5 /NORTH 86.73' Re,-ords N89'59!001N 1,280.00' SOUTH N89'59'00"W N89 59' 0 SOU 9.16' SOUTH TH 134.90' a 9 15 y 51.00' 34.3 Acres out of a as ' Parcel I (Om- e x J Lev Cwwfty, bv) fbnYofl �� ° �rit� 94, �� t� H. L. Kinney Conds Rec es of Res Properlyeass'�cmty, aeras yo.� /1 oe os of1 0 Exhibit B Map to Accompal�y iiflWTU for o 11.974 acre trod of W (not bae d on on on -the -ground zwy) out of o Aj are trat of 64 ow of/ H.L. �Giwrey Lmtft desoted m kwonty aced worded in IbcuA , r1,008m,, ofRciol PlAk Rarofds of Red Properly of hIM CoMy, Teras, Lot 4 Block 1 £baly Acres Annex vol as, Pg. 107, mop Re olds of hem Cormf ,, Texas U R BA N DATE: JUNE 13, 2003 SCALE 200' JOB NO.:: 3 39002.00.00 ENGINEERING SHEEr: 1 c ym Amw ow aims mw 7m DRAWN BY: (ssrpswral ar ImAl -emr CHECKED BY: XG 8--06-283 11:30AM FROM PLANNING 512 880 3~98 P. 7 (361)854-3101 P.O BOX 6355 * CORPUS CHRISTI, TEXAS SOB NO. 39002.00.00 3UNE 13, 2003 FAX (361)854-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the RE-ZONING ora 9.869 acre tract of land (not based on an on-the- ground survey) out of a 34.3 aeml tract of land out of Parcel ~, H.L. Kinney Lands, described in Warranty Deed recorded in Doeuraent No. 2003008290, O~qicial Public Records of Real Property of Nueces County, Texas; said tract of land being more fully described by metes and bounds as tbllows: BEGINNING at the nor[beast corner of Lot 3, Block 1, Ebony Acres Annex, a map of which is recorded in Volume 36, 'Page 107, Map R$cords of Nueees County, Texas, same being on the west boundary of Lin 6, Block 3, Lantana Subdivision, a map of which is recorded in Volame 12, Page 52, Map Records of Nueces County, Texas, fbr the southeast comer of this tract; THENCE, Noah 89'59'00" West, along the north I~undary of said Lot 3, Block 1, a distance of 1,689.68 feet to ~he northwest comer of said Lot 3, Block 1, and a corner of this tract; THENCE. South, along the west boundary of said ~,o. 3. Block I, a distance of 71.00 f~et for a comer of this tract; THENCE, North 89 3, 00 West, a distance of 74.73 feet to the common southeast corner of Lots 10 and I I, Horizon Estate~, a map of which is recorded in Volume 42, Pag~ 94, Map .Kecords or Nucees County, Texas, for a comer of this tract; THENCE, Noah, along the eag boundary of said Horizon Estates, a distance of 341.00 feet for the northwest corner of this tract; HENCE, South 89 59 00 East, a distance of 1,280.00 feet for a comer of this tract; i4ENCE South, a d~s~ance of ] I0.00 feet for a corner of this tract; HENCE, South 89 59 00 East, a dtstanc~ of324.41 feet for a comer ofthis tract; THENCE, North, a distance of 9.13 feet for a comer of this tract; 2725 SWANTNER DR. ,, CORPUS CHRISTI, TEXAS 78404 mail@urbar~eng,com -458- 8--06--203 11:31AM FROM PLANNING B12 880 3598 P. 8 THENCE, South 89'59'00" East, a distance of 160.00 feet to the west boundary of Lot 9, Block 3, said Lantana Subdivisioni for the northeast coreer of this tract; THENCE, South, along th~ west boundary of said Lantana Subdivision, a distance of 169.13 feet to the POINT OF BEGJlNNING and containing 9.869 acres of land. Bearings based on the recorded plat of Lot 3, Block 1. Ebony Acres Annex, a map of which is recorded in Volume 36, Page 107, Map Records of Nueces County, Texas. Unless this Field Notes D~scription, including preamble, seal and signature, appears in its original form, surveyor assumes n6 responsibilty or liability for its accuracy. URBAN ENGINEERING DAN L_ URBAN, R.P.LS. License No. 4710 -459- o7 o 3- o,2. a m m N m T Interstate HI'ghwoy No. 3.7 t of ou 3� 3 �Q(Gs °I 'LOndoily In�obl hex°s r1r2y ,orrlpOff;o;County, I� p & 0 p300 f g00eoee ,t ertY (01v N°proP 00ovofe R80 Recorae S89'59'00"E 1,280.00 3 ",Z.� P T 9.869 Acres la io 429,872.8J sp.l1. of flariton Ddw f 7 e -- N89'59'00"W 1,689 68' SOUTH 71.00' N89'59'00"W Lot 3, d/xk I ' Edon Acres Amu 74.73 Vol. 36, Pg. 107, Yap Records of Nueces County, Tuan Exhibit B Mav to Accomnan ffLOWTfS for o 9.669 oore (foct of tonal (rel bored on on on -the pond suml) wl of o X out Ired of bed oul of Pared 1, Hal. may lords, dewnud o Maronly Oetd mrerded in OVA6116h. 20mw, Ofred Mk Rew(6 of Red y of &rss cmly, run !d 16. Bbd 3 \ lonlano Sabdvdm ✓ .. 40, Pg 8, MOP lot 17 Reroeds or Owes County, revs O S89'59'00"E 5Si ° 324.41' NORTH — 9.13' I n ., m 'POINT OF BERM$' FORT r ; RELDNOIES DEZRIPRON EE-- 1' DATE: JUNE 13, 2003 1•= 2D0' JOB NO.: 39002D0.00 JOB VPRBAN INEERING umCR xm ow vz fua lsolsxaro' `w 0AW- `"' SHEET: 1 OF i DRAWN BY: RR CHECKED BY: XD 35 CITY COUNCIL A(~ENDA MEMORANDUM City Council Action Date: Auqust19,2003 AGENDA ITEM: a) b) Public hearing to consider text amendments to the Zoning and Platting Ordinances related to applicable fees. First Reading - Ordinance approving text amendments to the Zoning and Platting Ordinances related to applicable fees. ISSUE: Application fees and other applicable fees listed in the Zoning and Platting Ordinance require a costly and lengthy public hearing process. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Zoning and Platting Ordinances related to applicable fees and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed text amendment tp the Zoning and Platting Ordinances related to applicable fees. Director, Planning Attachments: Ordinance H:~PLN-DIR\ERMA\WORDXZO RD\ZON INGPLATFEESTEXT AMEND.DOC -463- BA~KGROUNDINFORMATION The proposed text amendments will a the Code of Ordinances along with ~ incorrect fees in the Zoning and Plat construction pricing index, such as th llow all zoning and plat fees to be removed from the text and placed in II other fees. This amendment would correct the problem of having Ordinances, especially fees that are increased annually based on a ~ water and wastewater acreage fees. H:~PLN-D1 R\ERMA\WORD~ZORD~ZONINGPLATFEESTEXT A_~_EDOC AN ORDINANCE AMENDING THE ,Z~ONING ORDINANCE BY DELETING THE PUBLISHED FEES; P~OVlDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Corqmission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice{ to the public, public hearings were held on Wednesday, August 13, 2003, during a me(~ting of the Planning Commission, and on Tuesday August 19, 2003, dur ng a medting 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 h!as determined that this amendment would best serve public health, necessity, and cenvenience 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 I. Section 25-5 of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 25-5 A request to extend the time for which a special permit is valid must be submitted in writing to the Department of Planning prior to the expiration of the special permit. The fee for processing such request is ~;~' .... · ...................... ~ .... 90) is published in the Development {~ervices fee schedule, which is adopted under Chapter 14, Code of Ordinances." SECTION 2. Section 25A-3.01(1) of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 25A-3 Bed and Breakfast Home (B&B) SUP "25A-3.01 In addition to compliance with Section 25A-1 above, an application for a SUP for a bed and a breakfast home (B&B) must, at a minimum, comply with the following conditions: Applicant shall pay the rezoning fees plus ,~nn ..... 00 the B&B pro~:ess fee published in the Development Services fee schf~dule, which is adopted under Chapter 14, Code of Ordinances." SECTION 3. Section 25A-4.01(1) of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837Al.doc -465- "Section 25A-4 "25A-4.01 Bed and Breakfast Home With Special Events (B&BISE) In additio~ to compliance with Section 25A-2 above, an application for an SUP for a bed and breakfast home with special events (B&B/SE)~ must, at a minimum, comply with the following conditions: "(1) Ap pre sci On SECTION 4. Section 27B-111~ Texas, is revised to read as fo )licant shall pay the rezoning fees plus $!00.00 the B&B cess fee published in the Development Services fee edule, which is adopted under Chapter 14, Code of linances." ; of the Zoning Ordinance of the City of Corpus Christi, lows: "Section 27B-11 Submittal Rrocedures. Payment of the ~ppropriate landscape plan review fee as published in th~. Development So,rices fee schedule, which is adopted under Chapter 14, Code of ~r_~na..~,..,s .................................... ,, ..... fund n" '-rccedu?es ~hc!! be "ad ~" *h .... '~-* * ........ ,m ..... SECTION 5. Section 28-5(C) pf the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 28-5 Procedure. "(c) Plan of Development. To utilize the provisions of this article ten (10) copies of the proposed plan of development accompanied by planned unit development processing fees, as prescribed in the Development Services fee schedule, wl~ich is adopted under Chapter 14, Code of Ordinance,~ .......... ~ ......... , ........................... ~ .................... ny. FEES ...... -~ FEES R32837A1.doc -466- 3 20.00 2' 2 ....... ~c or ............................. ..,, .... 00 ........ , ...... corec 'The processing Iees shall be in addition to all other fees and are for the purpose of defraying the greater costs of examining and formulating recommendation~ on the plan of development. The plan of development shall include the following drawing or drawings prepared at the scale of 1" - 50':" SECTION 5. Section 30-7.04 Of the Zoning Ordinance of the City of Corpus Chdsti, Texas, is revised to read as follows: "Section 30-7 Required Waiting Period. "30-7.04 If the requested waiver is granted, and the applicant files an application for rezoning before the expiration of the waiting period specified ia Section 30-7, the application fee shall be one hundred fifty percent (150%) of the application fee specified in-Seetiem 33 3.0! aRplicable zoning application fee published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances." SECTION 6. Section 33-1.05 of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837A1,doc -467- 4 "Section 33-1 Permits. "33-1.05 Any person, firm, or corporation, upon filing a request with the Departme@t of Planning for a conditional permit for a sign as required o~ Subsection 33-1.01, shall be required to pay in advance the sum "~ T .... W,,,.,~.~,~ ~m,, ~..... n..,,...~ le.~=o nn~ conditional sign permlt application fee published in the Development Services fee sche~lule, which is adopted under Chapter 14, Code of Ordinance~s." SECTION 7. Sections 33-3.011 and 33-3.02 of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 33-3 Filing Fees. "33-3.01 Any persdn, firm or corporation upon filing with the Department of Planning ~of any application for a zoning district classification change, r~ecessitating the sending of notices and publication of notices inlthe newspaper shall be required to pay in advance the fc!!cw~ng ~um: the applicable zoning filing fee published in the Developmpnt Services fee schedule, which is adopted under Chapter 1~, Code of Ordinances. ACRES 0.00 · 0.25 !L00 5.00 10.00 FEES 0.?.9 ccre ................ $542.00 9.99 ..... ~ ~'~o nn ~A aa ~cres $I 3? ee 29 O0 2~, 99 ..... ,~ =~A nn R32837A1 .doc -468- 5 "In the eivent the Planning Commission does not favorably recommenCl the zoning district change and the applicant withdraws his applicaltion before it is forwarded to the City Council for public hearing and determination as provided in Article 30 of this ordinance, then 35 percent of the application fee shall be refunded upon written request by the applicant. "An application for a zoning district classification change initiated by the City Ceuncil, the Planning Commission, any City staff member (acting in his capacity as City staff member), or any other Board or Agency of the City of Corpus Christi shall be without fee. "33-3.02 Fence ExCeptions. Any person, firm or corporation, upon filing a request with the Department of Planning and Development for an exception to the requirement of Subsection 27-3.01.06, 7A-2(8), 7A-3(6), 7A-4(5) of this .ordinance, necessitating the sending of notices and publication of notices in the newspaper, shall be required te pay in advanc~ Thrcc ~ ....... ~ She fence exception application fee as published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances. In the event the Planning Commission does not favorably recommend the fence exception and the appiicant withdraws his request before it is forwarded to the City Council for public hearing and determination as provided in Article 30 of this ordinance, then 35 percent of the application fee shall be refunded upon written request by the applicant." SECTION 8. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, 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 9. 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 10. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION '11. 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. R32837A1.doc -469- SECTION 12. Publication shall be made in the official publication of the City of Corpus Christi as required by the City (;;harter of the City of Corpus Christi. R32837A1.doc -470- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Samuel L Neal, Jr. Bill Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper , Mark Scott Henry Garrett That the foregoing ordinance Was read for the second time and passed finally on this the day of ,2003 by the following vote: Samuel L Neal, Jr. Bill Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scott Henry Garrett PASSED AND APPROVED, this the __ day of ,2003. ATrEST: Armando Chapa City Secretary APPROVED: 14th day of August, 2003: By: R. O~ining // Acting-City A/t.t.t.t.t.t.t.t.~ n e y Samuel L. Neal, Jr. Mayor R32837A1.doc -471- 0 AN ORDINANCE AMENDING THE PLATTING ORDINANCE BY DELETING THE PUBLISHED FEES;PPJOVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning t~e amendment of the Platting Ordinance of the City of Corpus Christi; WHEREAS, with proper notice ~o the public, public hearings were held on Wednesday, August 13, 2003, during a meal lng of the Planning Commission, and on Tuesday, August 19, 2003, during a meeling of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chri~ Ii, during which all interested persons were allowed to appear and be heard; and ~ WHEREAS, the City Council hals determined that this amendment would best serve public health, necessity, and cohvenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORJDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section III.C.1 of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follews: III.CA. Application fees shall be based upon the following schedule· The .......... ~ plat applications fees, as published i~n the Development Services fee schedule, Article XII, Chapter 14, Code of OrdinanceS, must be paid before an application is acceptable for review. ! to 5 ..... ~qA. nn $792.00 $ ..... SECTION 2. Section III.H.6 of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "III.H.6. If improvements are not in place or construction initiated on said improvements within six (6) months of such plat approval, the final plat will expire. A final plat shall not expire if construction has been initiated and substantial progress continues toward completion of the improvements. Initiation of construction and substantial progress R32837B1.doc -472- 2 shall be determined within the discretion of the Director of Engineering Services/City Engineer. A determination that a plat has expired as a result of insufficient progress may be appealed to the Planning Commission within thirty (30) days of notification that the plat has expired. An expirec~ plat must be resubmitted to the Planning Department for processing as a new plat. T~e applicant may submit a written request for a time extension of six (6) months. SUch request shall be submitted no later than five (5) working days prior to the last scl~eduled meeting of the Planning Commission immediately prior to the date of ~xpiration of said plat. The fee for processing such · T~.~,-* .... .~ M..~*~.~ ~..,..r~ ($39 request ~s ...... · ....................... OO) published in the Development Services fee schedule, Article XII, Chapte~r 14, Code of Ordinances." SECTION 3. Section V.B.5.b) df the Platting Ordinance of the City of Corpus Christi, Texas, is amended by revising subdivisions (1), (2), (4), and (5) to read as follows: "V.B.5.b) Definitions: "V.B.$.b)(1) Lot Fee: The fee required to be paid by the developer based on the number of lots in the development. The current lot fee is published in the Development Services fee schedule, Article Xll, Chapter 14, Code of Ordinances. "V.B.5.b)(2) Acreage Fee: The fee required to be paid by the developer based on the acreage in the development, including parks, streets, and drainage dedications. The current acreaqe fee is published in the Development Services fee schedule, Article Xil, Chapter 14, Code of Ordinances. "V.B.5.b)(4) Surcharge: A $!23~.00 fee to be charged in addition to tap fees for single- family or duplex utility connections to be paid when the tap fee is paid. The current surcharge is published in the Development Services fee schedule, Article XlI, Chapter 14, Code of Ordinances. "V.B.5.b)(5) Pro-rata: A fee required to be paid by the developer as a front foot charge for the portion of water main fronting the property that is required for the development, but installed by others. The curr~ent pro-rata fee is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances." SECTION 4. Section V.B.5.c) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.c) Before any unit of a subdivision, or single lot, or tract for which the zoning is other than single-family or duplex use is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a lot fee ~'~ ~"~'~ nn ,,~,r lot or $73! .00 acreaqe feeflaeF-ac~, whichever is greater. If the subdivision is zoned for single-family or duplex use, the ~leveloper fee-shall pay the applicable lot or acrea.qe fee fro sinqle-family or duplex use ~'~' ~ nn ,,,., ~,,+ or '~'~-" ~n ...... ........ ,. ............ ,. .....o, whichever is R32837Bl.doc -473- 3 greater, plus a surcharge +h~. *-... ~.... ~ ...... ;~ to """~' '"* .... '~ ~"' ~;""'" ~"~';' .... '~' '"~ ........ 'y This surcharge will apply to all prope~rty, new or existing, when a service tap is applied for. All lot and/or acreage fees and ~ro-rata fees will be paid to the Department of Public Utilities prior to the subdivision@lat being released for filing by the City. Surcharges and tap fees will be paid to the Department of Public Utilities concurrently with the tap application for water service on applicable regardless of whethE limits, except as provided in (k) properties, will only be provided in City Code, Sections 55-110 t SECTION 6. Section V.B.5.e)(: Texas, is revised to read as foil individually platted lots/properties. These fees shall be r the properties are located inside or outside the city below. Water service for outside the city limits in accordance with present City water policy as set forth lrough 55-119." !) of the Platting Ordinance of the City of Corpus Christi, }WS ~ "V.B.$.e)(2) Pro-rata fees for distribution mains and twenty-five percent of the surcharge fees will be deposited into the I~istribution Mains Trust Fund for use in oversizing distribution mains, constructing Idistribution mains, and reimbursing developers for oversizing and constructing disEibution mains off-site. "Prior to the adoption of the Cit~,'s annual budget, all All-fees and charges will be indexed to the August Constru~ion Index published in the Engineering News Record- ~nd ~dj'dcted September ! each ,;ear. "The Tap Fee Ordinance (City Code, Section 55-70) separately establishes the applicable tap fee rates for installation of meters on service lines," SECTION 7. Section V.B.5.f)(2D(ii)(ii.2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.S.f)(2)(ii)(ii.2) Such application for reimbursement is approved by the City Council. "Such reimbursement shall only be made when monies are fully available in and appropriated from the DistributiOn Mains Trust Fund. The order of reimbursement will be determined according to the date the plat is filed for record with the County Clerk. In instances where properties are adjacent to a distribution main installed by others, a front foot pro-rata fee ch~rg~ cf $5.20 per foot will be charged for that portion of the main ~ fronting the property, to be paid when the property is developed." SECTION 8. Section V.B.5.i)(5)(i) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.i)(5)(i) Subdivider records an election to pay an additional water tap fee ef- ?,90.09 published in the Develgpment Services fee schedule, Article XII, Chapter 14, Code of Ordinances with respect to each lot which has an area in excess of one acre or less and with respect to each lot which has an area in excess of one acre, subdivider R32837Bl.doc -474- 4 shall pay an amount equal to . the PIIC lot fee published in the Development Services fee schedule, Article Xll, Chapter 14, Code of Ordinances, plus an additional amount for each a~re, or fraction thereof, that such lot exceeds one acre, calculated at the rate of $! ,200.90 per acre published in the Development Services fee schedule, Article XII, Chapter 14~, Code of Ordinances, in lieu of lot/acreage fees, such sums being deposited into the Glrid and Arterial Transmission Mains Trust Fund (75%) and the Distribution Mains TrustiFund (25%) for use as provided for in Subparagraph 5.e);" SECTION 9. Section V.B.5.k) o! the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as folldWs: "V.B.5.k) No lot or acreage fee rpust be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City water services within the nelxt fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with the~'- ,1~1'~/4 i-i¢l+l~c.v,, vv..,.~ ~.~.,,,~, ~'l~ll'~-~' .~.¢~v.~!/~ nn~ filing fee published in the Development Services fee schedule, Article XlI, Chapter 14~, Code of Ordinances. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for Planning CommisSion hearing within sixty (60) days after the filing of such request. Thereafter, the PIlanning Commission shall make its recommendation to the City Council, which shall make the final determination. The City Council may, at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. Owners of property for which a water lot or acreage fee has been paid under conditions of Section V., SubseCtion B, Item 5, of the Platting Ordinance, may receive a refund of their pro-rata portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the date of the filing of the plat, the owners of 50 percent of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds:" SECTION 10. Section V.B.6.b) of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by revising subdivisions (1), (2), (4), and (10) to read as follows: "V.B.6.b) Definitions: "V.B.6.b)(1) Lot Fee: The fee required to be paid by the developer based on the number of lots in the development. The current lot fee is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. "V.B.6.b)(2) Acreage Fee: The fee required to be paid by the developer based on the acreage in the development, including parks, streets, and drainage dedications. The R32837B1.doc -475- 5 current acrea.qe fee is publishec~ in the Development Services fee schedule, Article Xll, Chapter 14, Code of OrdinanceS. "V.B.6.b)(4) Surcharge: A $123~.00 charge to be added to sanitary sewer tap fees to be paid when the sanitary sewer ta ~ fee is paid. The current surchar.qe is published in the Development Services fee sche :lule, Article Xll, Chapter 14, Code of Ordinances. "V.B.6.b)(10) Pro-Rata Fee: A fee required to be paid by the developer as a front foot charge for the use of a sanitary ~sewer which serves property being platted or developed, but which was installed by others. The current pro-rata fee is published in the Development Services fee s~chedule, Article Xll, Chapter 14, Code of Ordinances." SECTION 11. Section V.B.6.c) ~of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as foll(~ws: "V.B.6.c) Before any unit of a s~bdivision, single lot, or tract which is completed and the final plat signed, the developer Will be required to pay to the City of Corpus Christi a lot fee of ~ nn ,,,,, ,.., or-~ acreaqe fee, whichever is greater. A surcharge cf $123.90 per lot will be charged in addition to the tap fee for service to each lot. This surcharge will apply toall property, new or existing, when a sanitary sewer service tap is applied for. All Iot~ and/or acreage fees and pro-rata fees will be paid to the Department of Public Utilities prior to the subdivision plat being released for filing by the City. Surcharges and tap fees will be paid to the Department of Public Utilities concurrently with the tap application for sanitary sewer service on individually platted lots/properties. These fees shall apply regardless of whether the properties are located inside or outside the city limits, except as provided in e)(1) below." SECTION 12. Section V.B.6.e)(2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.e)(2) Pro-rata fees for collection lines and twenty-five percent of the surcharge fees will be deposited into the Collection Line Trust Fund for use in oversizing collection lines, constructing collection lines, and reimbursing developers for oversizing and constructing collection lines off-site. "Prior to the adoption of the City's annual budget, all A~fees and charges will be indexed to the ~Construc[ion Index published in the Engineering News Record- "The Tap Fee Qrdinance (City Code, Section 55-70, et seq.) separately established the applicable tap fee rates." R32837B1.doc -476- 6 SECTION 12. Section V.B.6.f)(2)(ii)(ii.2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.f)(2)(ii)(ii.2) Such applica~tion for reimbursement is approved by the City Council. "Such reimbursement shall only appropriated from the Collectior determined according to the da1 instances where properties are foot pro-rata fee 6harge-ef-$6~ fronting the property, to be paid funds from the Collection Line -I subsequent final plats filed with to the boundaries of the prelimil will be served by the sanitary sE given, but will not be served by be made when monies are fully available in and ~ Line Trust Fund. The order of reimbursement will be e the plat is filed for record with the County Clerk. In ~djacent to a collection line installed by others, a front ~per foot will be charged for that portion of the line when the property is platted. If a developer is owed rust Fund, subsequent lot/acreage fee credits from the County Clerk, which lands are within or contiguous ~ary plat of the originally developed property and which wer collection line for which the original credit was any trunk or collection line extension, may be credited to the outstanding amounts ownec, to the developer by the Collection Line Trust Fund until the total amount owed has beer' paid regardless of the order of reimbursement." SECTION 13. Section V.B.6.1) ef the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "¥.B.6.1) No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the~City Council from the payment of such fees. Such exempted areas shall be those ~etermined by the City Council to not likely be served by City wastewater services within !he next fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with the a ~'~- No/!00thc dc!!arc ($60.00) filing fee published in the Development Services fee schedule, Article Xlll Chapter lZ~, Code of Ordinances. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for a Planning Commission hearing within sixty (60) days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council, which shall make the final determination. The City Council, may at any time, cease to exempt any area ,.previously exempted, and thereafter such fees shall apply. Owners of property for which a sanitary sewer lot or acreage fee has been paid under conditions of Section V., Subsection B, Item 5 of the Platting Ordinance, may receive a refund of their pro-rata portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the date of the filing of the plat, the owners of 50 percent of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds:" SECTION 14. Section VI.D of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837B1.doc -477- 7 "VI.D. PROCEDURE FOR PLATTING OF SINGLE LOTS IN DEVELOPED AREAS BY THE DEPARTMENT OF ENGINEERING SERVICES. "The Director of Engineering Services/City Engineer of the City shall have the power and may declare and grant an dxception to the formal platting provisions of this ordinance when an owner of property has no recorded plat, approving the area as a lot, upon which it is proposed to cor~struct additional improvements provided such owner qualifying under the provisions ~f this section, complies with all of the requirements hereinafter set forth. "No permit(s) shall be issued b~ Department of Inspections and signed by the Chairman of the ~ of Nueces County, Texas. A pl~ the owner presents the recorde Building Official from which a re Engineering Services/City Engi~ pays a-the fee of $50.00 publis~ XII, Chapter 14, Code of Ordin~ the Building Official or the Building Division of the ~)perations until a plat of the property, to be improved, is 'lanning Commission and recorded by the County Clerk ~t shall be prepared upon request of the owner only after J deed or field notes of a survey of said property to the gistered engineer or surveyor of the Department of ~eer will prepare the required plat for such owner, and ed in the Development Services fee schedule, Article noes." SECTION 15. Section VI.D.7 of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as foll(~ws: "VI.D.7. That the applicant sign! a request for such platting and pay a-the fee of fi,m/ dc!!~rc ($50.00) published in th~ Development Services fee schedule, Article XII, Chapter 14, Code of Ordinance~ to the Building Official to defray the cost of preparation and filing of such plat;" SECTION 16. Section VI.D.8 of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "VI.D.8. The ,,,.j .......~..vv.v,.~/'~cr~ r~ ~,o~-",_,, fee may be refunded if it is determined by an engineer or surveyor of the Department of Engineering Services/City Engineer that such property will not close according to information submitted by the applicant. "The applicant shall be required to ask for a variance from the Board of Adjustment if it is found the lot does not meet the minimum requirements of the Zoning Ordinance and such variance shall be granted before such plat can be considered by the Planning Commission. If, for any reason, the applicant refuses to sign such plat after being prepared by the Department of Engineering Services/City Engineer, such unapproved plat shall be returned to the applicant, but, in no case shall the f!~;,' dc!!~rc ($59.00) fee be refunded. Permits sought by the applicant will not be issued unless, or until, said plat signed by the applicant is approved by the Planning Commission, signed by the Chairman and the Secretary, and recorded in the records of the County Clerk of Nueces County, Texas." SECTION 17. Section VII.A of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837Bl.doc -478- "VII.A. HARDSHIP. Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial jL~stice may be done and the public interest secured, provided that such variation will hot have the effect of nullifying the intent and purpose of the General Community Plan for these regulations. Such variances and modifications, as may be granted under this section, shall be by at least a three-fourths (3/4) majority of the Planning Cpmmission present. A request for a variance must be submitted in writing to the Department of Planning and Development. The fee for processing such request is F!.~. '!~nd· I' Hc/!00thc dc!!cm ~¢~n ...... Development Serv cas fee sche~u e, Art c e X , Chapter 14, Code of Ordinances" SECTION 18. Section XIII of th~ Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "SECTION XlII - APPEAL. Anyisubdivider contesting any disapproval and/or the interpretation and/or applicationiof any rule, standard, regulation, determination, requirement, or necessity set forth in this Ordinance directly, or by delegation of authority, shall have the right, after filing a written request with the Secretary of the Planning Commission, to have a. hearing thereon before the Planning Commission within twenty-one (21) days after the date of filing of such request. Any subdivider not satisfied with the ruling of the Planning Commission, shall have the right to appeal such rulings or decisions to the City (~ouncil of the City of Corpus Christi by giving written notice to the City Secretary withln fifteen (15) days after the final hearing before the Planning Commission. The fee Iror processing an appeal is ~ published in the DevelOpment Services fee schedule1 Article XII, Chapter 14, Code of Ordinances. The City Manager may also appeal such rulings or decisions to the City Council in accordance with the same provisions, if the Planning Commission is not in compliance with the Ordinance." SECTION 19. That the Platting Ordinance of the City of Corpus Christi, Texas, approved on the 23rd day of March, 1955, as Ordinance 4168, and 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 20. That to the extent that this amendment to the Platting Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Platting Ordinance, as amended by this ordinance. SECTION 21. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 22. 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. R32837Bldoc -479- 9 SECTION 23. 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. R32837B1.doc -480- Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: ,2003 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2003. Armando Chapa City Secretary APPROVED: 14th day of August, 2003: R. ,~'y.J~ining J Actir~ City Attorney Samuel L. Neal, Jr. Mayor R32837Bl.doc -481- 36 NO ATTACHMENT FOR THIS ITEM -485- 37 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/I-itl Report on the Neighborhood Vista Neighborhood. STAFF PRESENTER(S): Name 1. Mary Dominguez 2. 3. OUTSIDE PRESENTER(S): Name ISSUE: BACKGROUND: .~ of Presentation as it should appear on the agenda) litiative Pilot Program in the Cunningham and Chula Title/Position Department Director HCD Title/Position Organization REQUIRED COUNCIL ACTION: Additional Background o Exhibits o artn~/ant Head Sig~at~) -489- R n Neighborhood Initiative Program Pilot Program Submitted by Mary Dominguez Director of Housing and Community Development Neighborhood Background • Centrally located neighborhood consisting of 1000+ properties bound by Crosstown, Horne Road, Gollihar Road, and Greenwood Drive • Subdivision construction began A N in the 1950's • Surrounded by 3 school campuses: Chula Vista Elementary,Mary Grett School and Cunningham Middle School 0 Estimated population: 3,300 A W Process IN.csidents were given an opportunity to 11 neighborhood meeting • An assessment of the area was conducted • City departments teamed and coordinated a concerted effort to improve the neighborhood Neighborhood Issues • Relatively high crime area • Open storage of vehicles • Sinkholes • Sidewalks • Drainage A CD • Graffiti "Tagging" • Need for "Adopt -a -Park" • Speed humps needed • Additional lighting needed • Noise levels in the late hours • Stray dogs and cats, improper leashing of dogs Departments Assessment • Housinq and Community Development -Care of Property, Vacant Lots and Buitdm�s,_ Signage, Junk Vehicles and Other Detriments • Engineerinq-Vision Obstruction, Sidewalk and Street Passage, New Lighting or Upgrades Needed, and Speed Bump Installation • Health Department -Stray Cats and Dogs, Dog Deaths and Departments Assessment (cont. • Police Department - Relatively High Crime Neigbborhood • Solid Waste -Debris, Open Storage of Vehicles, Auto Parts, Rubbish, Mattresses and Home Appliances • Streets -Streets Need to Be Leveled and Sealed, Graffiti Addressed, Replace Barricades, Crosswalks Need to Be Repainted N e A� Schedule of Events o� *April 17-25 *May 2 Preliminary Assessments Done/Discussions with Departments Departments Meet to Discuss Strategy and Distribute Flyers to Residents Departments Meet with Residents at Cunningham School to Discuss Issues and Concerns •May 9-30 Departments Begin Working with Citizens to Tackle Priority Issues and Concerns •June -July Follow -Up Neighborhood Meeting, Enforcement of Violations begins Department Action Taken • Housing and Community Development • Advised Property Owners of Violations; • Boarded Up Vacant Buildings • 1,026 Properties with 280 Violations Identified • Reduced to 91 Violations Currently in Resolution • Facilitated the Disposal of Garbage, Towing of Inoperable Vehicles, and Correcting Violations • Health Department • Animal Control Increased Patrols in the Area Department Action Taken (cont. • Park and Recreation • Cleaned Park • Met with Residents regarding "Adopt -a -Park" ideas and concerns • Additional meetings planned for more neighborhood input • Engineering • Installed 7 New Street Light Fixtures • Upgraded the 5 Existing Street Light Fixtures • Began Survey and Petition for Speed Hump Installation • Police Department 0 Increased Patrols Department Action Taken (cont. • Solid Waste • Scheduled Pickup of All Items Except Household Hazardous Waste • 116.76 Tons of Debris Were Collected • 4.34+ Tons of Tires Collected C> • Storm Water CID • Future Plans Include Hydraulic Analysis • Analyze the Need for Additional Underground Storm Pipe • Analyze Possible Replacement of the Curbs and Gutters • Streets • Repaired Potholes • Replaced and Cleaned Signs • Painted Crosswalks w, 0 Participating Departments • Housing and Community Development • Engineering • Solid Waste • Street Services • Health • Park and Recreation • Storm Water • Police Department 'i t � v ` t` 0�1 4�q��,` �i I r._ 38 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Report on the Local Homebuye!r Programs for City Employees. STAFF PRESENTER(S): Name ~ Title/Position Department 1. Mary Dominguez Director Neighborhood Services Dept. OUTSIDE PRESENTER(S): Name Title/Position Or.qanization ISSUE: BACKGROUND: REQUIRED COUNCILACTION: Additional Background · Exhibits · -509- Local Homebuyer Programs for City Employees Submitted by Mary Dominguez Director of Neighborhood Services Background Information • The City of Corpus Christi employs over 2,900 employees • 42% of City employees earn up to $25,800 • Average cost of a single family home in Corpus Chri $100,000 Average Cost of a Single Family Home, Corpus Christi Area $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 FA T T T T T T T T T T T N sti is over Source:Real Estate Center at Texas A&M University -77=7-=71": T T T T T T T T T T T N sti is over Source:Real Estate Center at Texas A&M University City Involvement • City Council requested information from local banks and lenders regarding possible programs for City employees • Prospective lenders met with City staff to discuss programs, issues, and concerns. • Information packets were requested from lenders • The information submitted is outlined in the next few slides Coastal Banc ssb • City of Corpus Christi Employee Homeownership Program • Homebuyer Counseling • Competitive Rates -1 /4% off published rate • Must Meet HUD Income Requirements for Some Programs LO GMAC/Frost Bank • Workplace programs • Cost Savings, Free Pre -approval • Zero Down and Down Payment Assistance Loan Programs • Competitive Loan Programs • Workplace Homebuyer Seminars • On Site Loan Officer Assistance LO I st Commerce Bank • Low to Moderate Income First Time Homebuyers Programs — 5% Down Payment — No Origination Fees — No Application Fee — No Appraisal Fee — No Credit Report Fee 0 I st Community Bank Freddie Mac 100 • To assist Borrowers with Good Credit History but Limited Down Payment/Closing cost funds Fannie Mae 100 • No Down Payment • 3% Seller Contribution Required Sub -prime Loans for Credit Problem Consumers Non -Con -forming Loans for Hard to Document Income Rate Reduction Reward Program • Interest Rates decrease as good payment history is established Wells Faro • Low to Moderate Income Financing (Emerging Markets National Program, Freddie Mac 100, Fannie Mae 100) • Down Payment Assistance (Neighborhood Gold, Hart) • Teacher/Officer Programs • Low to Moderate Income Renovation Financing • Good Credit, Bad Credit Financing (MORE -Sub Prime Lending) • Offering $325 Closing Cost Credit To All City Employees A Summ of Products Available • A wide variety of programs exist for City employees and area lenders are willing to customize loan programs • Housing programs allow low to moderate income households to purchase a home • Down payment assistance is availablethroughvarious programs, including the City of Corpus Christi • Wide range of products for people with all credit backgrounds LO Conclusion • Many area lenders are able to offer customized loan programs for City employees • Dissemination of information is important to help employees understand. and-Simplif- the home . buying process 0 • City Employees are eligible to use the Neighborhood Services Department programs as well as lender programs for home buying assistance if they qualify • Employees should contact Human Resources for more information CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8, 2003 AGENDA ITEM: Resolution acknowledging the~use of the Matricula Consular issued by the Mexican Consulate as a form of identification for City purposes and encouraging private and governmental agencies to do the same. ISSUE: The Consulate Office (Consuls issued to Mexican Nationals res has proven to the consulate's ~ the corresponding service are along with the present address years from date of issuance). r) has begun issuing the Matricula, an identification card ding in foreign countries. The Matricula attests the bearer atisfaction that he or she is a Mexican citizen living within and the front side contains a photograph of the holder permanent address in Mexico, and expiration date (five The Matricula has been shown to be very beneficial to Mexican nationals residing in the United States. The card has allowed Mexican Nationals access to the U.S. Banking System allowing them to move away from a cash basis economy into the normal banking relationship most residents in the United States enjoy. Additionally, law enforcement has found this to be another tool in identifying individuals who normally would not have a U.S. issued identification. The Matricula has been accepted by over 800 local law enforcement agencies and 74 national banks, as well as by 13 states (not the State of Texas), for the purposes of obtaining a driver's license. The Matricula does not imply or convey legal status in the United States. The Mexican Consulate in San Antonio has requested the City accept the card for City Services. Additionally, the Consulate Office has begun quarterly visits to Corpus Christi to provide their services to Mexican Nationals, including the issuance of the Matricula to individuals residin9 in the Corpus Christi area. REQUIRED COUNCIL ACTION: A resolution be passed acknowledging the acceptance of the card for City Services and encouraging others to do the same. PREVIOUS COUNCIL ACTION: None. -523- FUNDING: None. CONCLUSION AND RECOMMENDATION: The staff recommends that the City Council adopt the resolution acknowledging the acceptance of the Matricula for City Services and encouraging others to do the same. Attachments: Matricula Consular memo of June 25, 2003 Administrative Policy Secretaria de Relaciones Exteriores/SRE information sheet -524- BACKGROUND INFORMATION The Mexican Consulate Office iof San Antonio, Texas has requested that the City accept the Matricula Consular identification card as an approved identification card for City Services. Many local jurisdictiens including the City of Houston, Austin, San Antonio, over 800 local law enforcement agel~cies, 70 national banks, and 13 states (not Texas), have approved the use of the Matricula for identification purposes. The card does not grant legal status in the United States. Other identification cards issued by Mexico and the United States serve this purpose. The Matricula is only for identification purposes. The card does not prevent law enforcement from performing normal identification checks during law enforcement activity. The Police Chief has reviewed the Matricula and has advised that it would be helpful, another tool, for our Police Department to have. The card has been shown to be of significant value to Mexican Nationals in the U.S., allowing them to move into the U.S. Banking System. Additionally, the Matricula provides identification cards to individuals who may not have an avenue for identification in the United States. Attached is the report from Assistant City Manager Jorge G. Cruz-Aedo that goes into greater detail regarding the Matricula. Staff recommends approval of the administrative direction given by the City Manager to City Departments and encourages others to do the same in our community. -525- MEMORANDUM To: From: Subject: Date: George K. Noe, City Manager Jorge G. Cruz-Aedo, Assistant City Manager Matricula Consular June 25, 2003 Introduction, The protection of the rights and interests of Mexicans abroad, as well as the registry of this population, are among the main principles in which the Mexican Foreign Policy is based. Through a wide network of 48 diplomatic offices in the United States (the Embassy in Washington, D.C. and 47 consulate offices nationally, eleven in Texas), the Mexican Government offers comprehensive activity and service areas such as legal counseling, issuance of documents, culture, education, health, sports and social organization in benefit of the Mexican communities. Among these, the protection services (legal counseling and assistance) and the issuance of documents represent the central aspect within the consulate (Consular) activity. Since the United States Government does not issue identification cards to undocumented workers, a large number of Mexican nationals have been requesting that the Consulate offices issue identification cards to Mexican Nationals in the United States. The Mexican Government, through its Consulate office in the United States, began issuing Matricula Consular identification cards in March 2003. It is estimated that over 1,000,000 Matricula Consular cards have been issued to its residents residing in the United States. The question many local governments are now addressing is whether to officially recognize or not recognize the Matricula Consular as a valid form of identification for individuals in their respective community. Backqround Since the tragic events of the Twin Towers on September 11, 2001, the Mexican Government has moved to provide an official and recognized identification system for its citizens residing in the United States. Because the U.S. Government does not issue identification documents or cards to undocumented workers, the Mexican Government -526- moved to establish an identification system which has been named, the Matricula Consular, which means the consulate card, for its citizens that are in the United States. The Mexican Government ha~ a legal right to establish, issue and use any form of identification system for its citizens within Mexico and for its citizens outside of its borders. To receive a Matricula, a MeXican National must request it personally at a Mexican Consulate office. There are ~leven Consulate Offices in Texas, the nearest are in McAIlen and San Antonio. They must complete an official application form to prove their Mexican nationality and riley must provide any of the following documents: a. Birth Certificate (orig!nal, not a copy) b. Valid Passport ~ c. National Military SerVice Card d. Certificate of Mexican Nationality e. Declaration of Mexican Nationality f. Mexican Certificate Of Naturalization Additionally, they would need tO provide valid proof of their current address in the United States and pay the administrati~ve fee of $28. The Matricula is a credential-type identification card with a photo of the solicitant and includes the following information: Front Side a. Official Seal of the Mexican Government b. Name of individual c. U.S. Address d. Date of Birth e. Place of Birth f. Issuing Consulate office g. Number of Consular card h. Expiration Date i. Fee paid Back Side a. Signature of the Mexican Official (Consulate in charge) b. Signature of bearer Today, more than 1,000,000 cards have been issued by the consulate offices and the number continues to grow. Approximately 64% of cards were issued by ten consulate offices in Arizona, California and Texas along with the City of Chicago, which has the second largest number of Mexican residents after Los Angeles. -527- To date, 74 banks accept the Matricula as identification to open accounts. The U.S. Treasury Department has given its approval to banks to accept the Matricula for opening bank accounts. In Corpus Christi, both Wells Fargo and Bank of America have official national programs accepting the Matricula as official identification. Mr. Ted Puckett, President of the local Bank of America, conveyed to me the success the card has had with encouraging the development of banking and financial relationships with Mexican Nationals, moving tl~em from a cash basis culture to a traditional financial institution culture, typical of most Americans. When asked what negative issues have arisen by the use of the Matricula, Mr. Puckett could not name any. Additionally, according to the Mexican Government, the Matricula is also accepted as official identification by more than 800 police departments and by 13 states to obtain driver's licenses. I met with Police Chief Alvarez regarding the potential acceptance of the Matricula as official identification for the Corpus Christi Police Department and he advised that this would be of assistance to the Department. His comments were that it would be another form of identification that would assist in the identification of Mexican nationals in our community. It would assist law enforcement with their ability to assist Mexican Nationals and be another resource for the department. He did not share any concerns that were adverse to the acceptance of the cards. There are opponents to the Matricula identification card. These individuals and groups have questioned the value of the cards because they are primarily issued to undocumented workers in the United States. They allege that the Matricula implies quasi-legal status for undocumented workers. The opponents also question the usefulness of the card in the United States since this is an identification card issued by a foreign government. The opponents articulate that this would give status to illegal aliens in our country by acknowledging their residence in the United States. To date, except for the U.S. Treasury, no federal agency is authorized to accept the Matricula as official federal identification. Another argument put forth is that authorizing the Matricula would encourage other governments to do the same and would create administrative burdens for local government. We were advised that Guatemala is also considering creating its own form of identification for its residents within the United States. Authorizing Mexico's card would likely create a precedent to approve other countries' identification cards in our country. Since the cards are issued on the basis of documents that are provided by applicants and that these records may or may not be validated, individuals are questioning the reliability of the cards for identification purposes. There are reports that the immigration service has reported finding multiple cards in different names issued to the same person. There is also the concern that police in jurisdictions that accept the Matricula are less likely to run background checks on holders picked up for minor infractions. There is also the point of view that in today's environment, with additional security being placed on Social Security and other agencies issuing identification cards, that the move -528- to recognize a Matricula, with what some say are questionable issuing practices, that the acceptance of this card by governments weakens our federal security position. The problems of fraudulent cards I~as been an on-going problem for any organization that issues identification cards and is not only inherit to the Matricula card. Jurisdictions that have authorized the Matricula as an approved identification card have done so by approving a City Ordinance. The City of Corpus Christi does not have any ordinances where we have approved identification cards. Approval of authorized acceptable identification cards currently reside within the various operating departments operating procedures. Conclusion The government of Mexico can issue whatever documents it believes are appropriate for its citizens, regardless of their physical residence. Local governments in the United States are under no obligation to accept or reject the Matricula card. There is no federal effort to accept or not accept the cards, except from the U.S. Treasury Department for U.S. Banks on their approval process for opening bank accounts. The use of the Matricula identification cards has opened the U.S. Banking System to Mexican citizens in our country and facilitate economic and financial opportunity. As other countries issue their own respective identification cards, we would likely be required to accept these as well if approved by the City. The Matricula card does not in any way subvert or release Police Departments from performing their normal law enforcement activity. The card does not supercede any law enforcement program or process. There is no undocumented worker issue since this is outside our area of law enforcement responsibility. The Chief of Police commented that it would just be another tool for law enforcement officials to use in assisting to identify individuals in the community. The Chief of Police had no negative comments regarding the use of the Matricula. The cities of San Antonio, Austin, and Houston in Texas as well as Chicago and Los Angeles, to name a few of the larger Cities in America, have passed ordinances accepting the Matricula as an official identification card for their communities. Over 800 jurisdictions are accepting the Matricula as official identification. Except on rare occasions, local governments have accepted the Matricula as an official identification card. To date, no other country has introduced an identification card for use by its citizens in the United States or has requested approval by the government. No situation has been found where the Matricula caused any law enforcement or national security issue in the United States. Recommendation In our community, acceptance of the Matricula would be for identification purposes by our law enforcement officials and to identify oneself for City Services. Since acceptance of the Matricula does not create any liability or operational issues for the City, but in fact, -529- acceptance creates the opportunity to assist in the identification of individuals in the community, there does not appear to be any reason for the City not to accept the Matricula as an authorized identification card. However, since the City does not have any ordinances approving identification procedures, I would suggest that we authorize the use if the Matricula by Adkninistrative Order versus official ordinance of the City. I have spoken with Beatriz Navarro, Deputy Consul General, who has indicated that an Administrative Policy is sufficient with the Consulate Office in San Antonio. Additionally, I would suggest we have the City Council approve a Resolution encouraging other private and public agencies I1o accept the Matricula Consular as approved personal identification. Jo G Cruz'Aed~o ~MaDageF Attachments: Administrative Policy (Administrative Order for City Departments) Council Agenda Memo with supporting documentation -530- City of Corpus "- "- Christi CITY POLICIES Subject: Personal Identification Policy No. Approved: Date: George K. Noe, City Manager 1. Purpose: To provide policies and procedures for the acceptance of a uniform personal identification system to be eligible for and receive City Services. II. Policy: When City Departments require members of the public to provide personal identification, each City Department shall accept as valid identification the list of authorized and approved forms of personal identification. Approved tbrms of identification: State driver's license or picture identification card. Picture identification card issued by a federal, state or municipal agency. Voter's registration card. U.S. Military identification card. Military dependent's identification card. U.S. Coast Guard Merchant Mariner card. Native American Tribal Document. A valid driver's license issued by a foreign government. An original and certified Birth Certificate issued by a State. Identification card for use of Resident Citizen in the U.S. Unexpired employment authorization document issued by the Lmmigration and Naturalization Service. Matricula Consular identification card issued by the Consulate Office of the Estados Unidos de Mexico. -531- III. Program Levels: City Departments will establish departmental procedures that use the uniformed and authorized forms of personal identification described herewith to allow access to City Services. All departmental procedures should be developed with the intent of providing easy access to City Services in a customer friendly process. The requirements of this section do not apply under circmnstance where (1) a federal or state statute, administrative regulation or direLtive, or court decision requires the City to obtain different identification, (2) a federal or stale statute, administrative regulation or directive preempts local regulation of personal identification requirements, or (3) the City would be unable to comply with a condition imposed by a funding source, which would cause the City to lose funds from that source. Nothing in this section is intended to prohibit City Departments from (1) asking for additional information from individuals in order to verify a current address or other facts that would enable the department to fulfill its responsibilities, except that this section does not permit the department to require additional information solely in order to establish personal identification of the person, or (2) using fingerprints for identification purposes under circumstance where the department also requires fingerprints from persons who have a driver's license or State identification card. IV. Questions Regarding This Policy: Does this City-wide policy supercede my existing departmental policy? Yes, this is the first City-wide policy on personal identification. Departments should update their procedures to include provisions of this policy. Departments who do not have existing policies should establish personal identification systems that include these provisions. Does the Matricula grant U.S. Citizenship? No. Does the acceptance of thc Matricula mean 1 do not have to perform and conduct my usual responsibilities to the City? No. Can other forms of identification be substituted, i.e., non-certified copies of birth certificate, expired driver's license, altered Matricula for personal identification. No. Am I required to perform my personal identification process in a customer friendly manner. Yes. -532- The Mexican Ministry of Foreign Affairs Informs'that, as part of the Integral Program for the Improvement of the Consular Services, on March 6 2002 started issuing a new h gher security Consular iD, called 'Matdcula Consular de Alta Seguridad"br MCAS. (FRONT) (BACK) main MCAS security backs are either visible or invisible security features: ~,~,ole security features: 1) Green security paper, with a special security pattern. 2) "Advantage seal", with a Mexican Official seal that appears over the bearer's picture that changes color from green to brown when seen with natural light. 3) lnfra red band on the back of the MCAS. 4) Using a flourescent-light lamp, you are able to read SRE all over the front of the MCAS. Invisible security features: in order to be able to reveal the invisible MCAS security marks, a special decoder is needed. Using this decoder yoJ, Lcan see the following: L,.. ~ne front side: 1) The word MEXICO written at the left side of the MCAS, next to the bearer's picture. 2) The legend "MATRICULA CONSULAR CONSULteD CARD", written at the bottom of the MCAS. 3) The capital letters "SRE", written three times on the right side of the MCAS. On the back side: 1) Written on the left side of the green line, while using the decoder, you will read the bearer's name ana the ID number. On the right side, you will read the ID's expiration date and the name of the issuing office, for example "CONSULMEX CHICA GO". 2) Turning the decoder 90° degrees, you will read SRE written five times over the MCA$, with the following pattern: BACK IMAGE IMAGE IMAGE 3) Using the decoder over the picture, you will read the bearer's name. 4) Using the decoder over the picture and turning it 90° degrees, you will read the capital letters "SRE" and the bearer's D.O.B. Please note that the two Consular IDs (Matriculas Consulares) previously issued by the Mexican Consulates in the United States, both, the one laminated and the booklet4ike one, are going to be valid until their expiration date. (LAMINATED) (B OOKLET-LIKE) -534- RESOLUTION RECOGNIZING THE MEXICAN MATRICULA CONSULAR CARD AS A FORM OF PHOTOGRAPHIC IDENTIFICATION. WHEREAS, the government of Mexico, through its consulates in the United States, has recently begun issuing Mexicarl government identification cards known as a Matricula Consular to Mexican nationals lesiding in the U.S; and WHEREAS, the Matricula ConSular card has gained acceptance as a legitimate form of identification with banks and gqvernment agencies, including the U. S. Treasury Department; and , WHEREAS, acceptance of the iMatricula Consular card as a form of I.D. allows cardholders to obtain automobile insurance, open bank accounts, and provide a source of identification, when needed; ~and WHEREAS, the Matricula ConSular card will not be used by the City to determine the immigration status of the cardhOIder, and will not be accepted as authorization to work in the United States in violation of the Federal immigration laws and regulations; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi will recognize and accept the Mexican Matricula Consular card as a form of photographic identification for applications to use City services and participate in City programs, such as applications for utility services and registration for programs sponsored by the Parks and Recreation programs. The City will not use the card to determine the applicant's immigration status or as authorization to work in the United States, in possible violation of the Federal immigration laws and regulations. SECTION 2. The City of Corpus Christi encourages local businesses to recognize and accept the Mexican Matricula Consular card as a form of photographic identification. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary AP~V, E~ of August, AR~i~.'~Y/'~eig/C ityni~ttg r~ney 2003. Samuel L. Neal, Jr. Mayor R341 OZA2,doc -535- 40 July 09, 2003 To: Armando Chapa, City Secretary C~ty of Corpus Christi Re: Request for Variance, Ordiaance No. Sec.4-5 (f) The Corpus Christi Police Offiaers Association, operator of"The Shield" located at 3122 Leopard St., Corpus Christi, Texas (the "Manager) and Richard Hemandez (the permittee) have applied for a permit to allow for the dispensing and sale for on- premises consumption of alcoholic beverages within the corporate limits of the city within three hundred (300) feet of any church, public school or public hospital. We were denied By City of Corpus Christi-Development Services. We were disapproved because we are located less than 300 feet from C.C.I.S.D. property (parking lot to Stadium), in approved zone where alcoholic beverages are permitted to be sold. This property was previously licensed and has been licensed for at least 10-years. We are next door to other properties that have business exclusively in the sale of alcoholic beverage. Our property is an office building with a hall which is occasionally rented for~ functions and when there are ftmctions the concessions had been open and alcoholic beverages were available along with food and refreshment. Our property also takes and additional step in the safety and security of the patrons and community. We require that at least 2- Police Officers be on premise 30-minutes before, during and stay 30-minutes after a function. we respectfully request a Variance fi.om Ord. No. Sec.4-5(f). If we are placed on the Council Agertda please advise our office so that we will be available to respond to any questions, provide the requested information and be present. Larry D. yOung, President RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F), CODE OF ORDINANCES, TO CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION TO OPERATE AN ON-PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 3t22 LEOPARD STREET. WHEREAS, Corpus Chdsti Police Officers' Association ("CCPOA") desires to develop a multi-million dollar, multi-entertainment venue on property located at 3122 Leopard Street, which is situated within the corporate limits of the City of Corpus Chdsti ("City"); and WHEREAS, CCPOA desires to allow on-premises sales of alcoholic beverages at the location; and WHEREAS, the location of CCPOA's proposed business is within 300 feet of a public school; and WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances ("Cede") to prohibit any person ~:rom maintaining a business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any public school; and WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Cede allow the City Council ("Council"), upOn application of a business regulated by Section 4-5 of the Cede, to grant a vadance to the alcohol regulations contained within the section if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessa~', or for any other reason, and, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; and WHEREAS, CCPOA has formally applied to the City for a vadance under Section 4-5(f); and WHEREAS, CCPOA has based its request on the fact that the property has been previously licensed for the sale of alcoholic beverages, and is next door to other properties that have alcoholic beverage sales; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, is not in the best interest of the public R30709A1 2 and, after consideration of the health, safety, and welfare of the public, grants the vadance in the best interest of the community. SECTION 2. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, constitutes a waste and inefficient use of land and other resources, after consideration of the health, safety, and welfare of the public, grants the vadance in the best interest of the community. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 14th day of August, 2003. Samuel L. Neal, Jr. Mayor R. Jay Reining Acting City Attomey R30709A1 5-¥ 1 Corpus Chdsti, Texas __ day of / The above resolution was pas~ed by the following Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Hen~j Garrett Rex A. Kinnison Bill Kelly Jessie Noyola Mark Scott ,2003 vote: 3 R30709AI 41 41 CITY COUNCIL A~ENDA MEMORANDUM City Council Action Date: August 19, 2003 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit an application for a Regional Facility Planning Grant in the amount of $500,000 to the Texas Water Development Boardlfor the development of a large-scale seawater desalination demonstration project in Corpus Christi, with an offer to provide an in-kind match valued at $230,000, and a total project cost Of $730,000. ISSUE AND BACKGROUND: On April 29, 2002, Governor Perry charged the Texas Water Development Board (TWDB) to develop a recommendation for a large-scale seawater desalination demonstration project. The City of Corpus Christi submitted a proposal along with twelve other groups in response to the TWDB request for proposals. The TWDB issued a report selecting three projects to proceed toward implementation. These three projects were the Freeport project, the Lower Rio Grande Valley project and the Corpus Christi project. The TWDB further recommended that the legislature appropriate $1.5 million so that TWDB could issue grants for studies for the three projects. During the legislative session, Representative Vilma Luna carried House Bill 1370 which directed the TVVDB to undertake the studies and report back not later than December 1, 2004. In addition, the Appropriation Committee, for which Representative Luna served as vice- chairman attached Rider 15 to the TVVDB appropriations which authorized $1.5 million for grants for these desalination projects. On Thursday, July 17, 2003, City of Corpus Christi staff and Lucas Meyers of Representative Luna's office, together with representatives of Freeport and the Lower Rio Grande Valley, met in Austin with TWDB officials, who announced the call for the appropriated grant funds. TVVDB staff indicated that there was a need to move forward very rapidly and has requested that the three entities issue a notice of intent to apply for the financial assistance on or before August 15, 2003, and to submit a draft application by that same date with a final application due by August 29, 2003. On July 22, 2003, City staff came to the City Council and asked for permission by resolution to submit the notice of intent and the application with the proviso that staff would come back to the Council with the final application prior to submission in the second half of August. Staff is very pleased to report that we have been able to send out all of the notices (well over 100) and with the assistance of our consultant team including the Turner, Collie and Braden firm, we have completed an application a draft of which has been forwarded to the TVVDB for their review. The application requests funding from -I'VVDB in the amount of $500,000 (1/3 of the available $1.5 million for the throe localities) and an in-kind contribution from the City of approximately $230,000, which is made up of funds that we have expended or are in the process of expending for the studies and design of the small desalination plant on Padre Island as well as other desalination efforts the Council hds previously authorized. Staff is also pleased to report that we have received very strong letters in support of the application from each member of Our state legislative delegation. CONCLUSION AND RECOMMENDATION: While the City Council gave staff permission to submit notice of intent and the iapplication at the Council meeting on July 22, 2003, staff explained to the City Council at that time that we would bring the actual application back to the City Council for approval in AuguSt. We have received widespread support for the application and solicit Council's approval. W. Thomas Utter Special Assistant to the City Manager RESOLUTION AUTHORIZING THE CiTY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT AN APPLICATION FOR A REGIONAL FACILITY PLANNING GRANT IN THE AMOUNT OF $500,000 TO THE TEXAS WATER DEVELOPMENT BOARD FOR THE DEVELOPMENT OF A LARGE-SCALE SEAWATER DESALINATION DEMONSTRATION PROJECT IN CORPUS CHRISTI, WITH AN OFFER TO PROVIDE AN IN-KIND MATCH VALUED AT $230,000, AND A TOTAL PROJECT COSTS OF $730,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a Regional Facility Planning Grant application to the Texas Water Development Board in the amount of $500,000 for the development of a large-scale seawater desalination demonstration project in Corpus Christi. The City Manager, or the City Manager's designee, is authorized to offer an in-kind match for this grant valued at $230,000, for a total project costs of $730,000. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ED: 14th day of August, 2003. Samuel L. Neal, Jr. Mayor R33727BI .doc Corpus Christi, Texas of ,2003 The above resolution was pasaed by the following vote: Samuel L. Neal, Jr. Brant Chesney Javier D. Colmenem Melody Cooper Hendr Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 2 R33727B1.doc 42 coUNcIL MEMORANDUM RECOMMENDATION~ Motion authorizing the City Manager to negotiate a contract with Service America Corporation d/b/a Centerplate, South Carolina to provide Food & Beverage Services for the Bayfront Plaza Convention Center and new Multipurpose Arena in accordance with the Request for Proposal Ho. BI-0027-03-A. Issue: The construction of the new Multipurpose Arena and the expansion of the Bayfront Plaza Convention Center is expected to be completed by October 2004. A Food & Beverage Services provider (F&B Company) is neces8ary to provide concession services and oversee all catering at the facilities. The F&B Company will provide pre-opening services to include the ordering of foodservice equipment, coordinating events already scheduled to occur after opening, assisting in generating new business and recmirting and hiring staff to commence work on August 1, 2004. At the approval of City Council, Staff issued a request for qualification (RFQ) to twenty-three food & beverage providers and received seven qualification statements. Upon reviewing the qualification statements, three providers were identified as the most qualified firms in regards to satisfying the criteria set out in the RFQ and were subsequently issued a request for proposal (RFP). All three firms submitted proposals under the RFP and were evaluated by the Foodservice selection committee. Members of the committee included City staff, the President of the Convention and Visitors Bureau and senior staff members of Texas A&M University - Corpus Christi. Unanimous consensus was reached by the committee to recommend pursuing contract negotiations with Service America Corporation d/b/a Centerplate (Centerplate). Previous Council Action: October 8, 2002 - Motion authorizing the City Manager to send out a Request for Qualification (RFQ) followed by a Request for Proposal (RFP) to retain a food and beverage company (F&B Company) to manage the foodservice operation at the Bayfront Plaza Convention Center and New Multipurpose Arena for a period of five years beginning August 1, 2004. Council approved the motion and directed staff to include local food catering in the Bayfront Plaza Convention Center as a requirement of the agreement. Background: For this agreement, the City will use a Management Fee for Service approach. Under this approach, the F&B Company will be paid a fee to manage the foodservice operation for the City. The City will pay all of the expenses and receive all revenues from the foodservice operation. This method allows facility management to participate in establishing the quality of food and service levels. Local catering and a single liquor license will be essential to the operations of the facility. Stage One - Qualifications - At the onset, the Foodservice Selection Committee decided to short-list the top three firms from the seven that responded to the Request for Qualifications (RFQ) process and invite them to participate in the RFP process. In order to determine the top three respondents to the RFQ, the committee considered the following, predetermined selection criteria: the overall responsiveness to the RFQ itself; the qualifications, competence and experience of the F&B company and its personnel to perform the services listed in the RFQ document; and the history of the company to successfully manage F&B operations in similar facilities as demonstrated by the evaluation of its current and previous clients. After careful and deliberate consideration, the committee deemed that ARAMARK, Ovations, and Centerplate had been the most responsive and thorough in their RFQ submittals. Each firm submitted a detailed ! financial statement and listings o~facility accounts. More so than the other firms, these top three firms were also able to demonstrate a great deal of significant, relevant experience in providing food and beverage services at many comparable and even larger facilities. Because of their attentiveness to detail and more thorough responsiveness to the RFQ, the members of the committee voted to invite ARAMARK, Ovations and Centerplate to participate in Stage Two of the process--the Request for Proposal (RFP) stage. Stage Two - Proposals - The City received proposals from Aramark Corporation, Ovations and Centerplate. The Food service selection committee has met six times over the past ninety days to discuss the proposals and/or interview each of the company representatives regarding their respective proposal. Initially, th~committee evaluated each of the proposals on qualifications and experience, references, propOSed on site General Manager and responsiveness to the RFP as outlined in the attached summary matrix A. This initial evaluation eliminated Aramark from further consideration. The remai/ling two firms were then evaluated on their ability to meet the City's objectives with the final scores shown on summary matrix B. Centerplate has been chosen as the recommended supplier of choice due to their strength in the industry, their willingness to make the operation a success, their proposed on site General Manager Candidate and their overall reference ratings by their customers. Recommendation: Approval to negotiate a contract with Centerplate under a Management Fee for Service agreement with final contract approval subject to Council vote. Micha~el'Barrera C./I~VI.'~ Procurement & General Services Manager Harold Peterson Director of Convention Facilities Food & Beverage Services Summary Matrix A Center late Ovations ARAMARK 13.1 12.0 13.5 Criteria Maximum Points Qualification & Experience 15 References 35 32.4 30.3 25.8 Proposed on site General Manager Candidate 35 33.6 30.3 17.5 Responsiveness to the RFP 15 12.8 12.8 12.3 Totals 100 91.8 85.3 69.0 Food & Beverage Services Summa trix B Center late Ovations 11.7 10.8 Objectives Maximum Points 1 Food & Beverage Contractor to deliver quality services and facilitate local partnerships (caterers) 12.5 2 Open facilities successfully 12.5 11.1 12.3 3 Work with University to elevate sports program to a new level Fans to have a unique experience Develop packages to accommodate/attract more student to the games 12.5 10.4 10 4 Customer Service Approach Use of technology to commucicate Attract new bookings 12.5 12.1 10.1 5 Partidpate _ Local caterer participation Community involvement t23 1122 t0.2 6 Create goodwill between City and comunnity, make operation work seamlessly 12.5 11.4 10.3 7 Corporate backing/experience 12.5 12 11.3 8 Ability to merge services to provide a "One Stop Shop" for customers 12.5 11.7 11 Totals 100 92.6 86 Food &Beverage Services for the Bayfront Plaza Conve tiomn-Cente-r U1 and Multipurpose Arena Three Stage Process ® Qualification Stage Proposal Stage U, It Negotiation Stage )ew Evaluation Committee Convention & Visitors Bureau President/CEO ■ Texas A&M -Corpus Christi Vice President of Finance Texas A&M -Corpus Christi Athletic Director Assistant City Manager Director of Convention Facilities 11 Convention Center Manager it Procurement & General Services Manager Qualification Stage :Request for Qualification issued to twenty- three companies ■ Eight responses received (response from Fine Host merged into ARAMARK proposal) ■ Ovations ■ Centerplate ■ Aramark (Fine Host) ■ Noble Food Services ■ Sunset Food Services ■ GameTime F&B Services 0 The Swanson Corporation Qualification Selection Criteria is Company/Personnel Significant Relevant Experience U ■ Similar Facilities Serviced 3 Understanding of role within the facilities It Responsiveness to the RFQ Qualified Providers ARAMARK — National Company, Wealth of Personnel Experience, Twenty plus similar facilities, large food service provider. R Ovations — National Company, Wealth of Personnel Experience, Fifteen plus similar facilities, medium food service provider. Centerplate — National Company, Wealth of Personnel Experience, Twenty plus similar facilities, large food service provider. Proposal Stage E Request for Proposal issued to the three short listed firms Three ■ ■ n responses received Ovations Centerplate Aramark Proposal Selection Criteria ■ Qualifications &Experience u; References Proposed General Manager Candidate 11 Responsiveness to the RFP a Ability to meet City Objectives Recommended Provider Centerplate ■ Excellent Qualifications and Experience w ■ Highest reference marks ■ Most qualified General Manager Candidate ■ Highest ranking on meeting City Objectives Negotiations 5 Local Catering at Bayfront Plaza Convention Center to Continue Single liquor licensing for all facilities to be implemented It Management Fee and Incentives to be determined Projected revenue stream to be developed Q&A Notes and Comments City of Corpus Christi