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HomeMy WebLinkAboutAgenda Packet City Council - 01/11/2000CITY STAFF BOOK {UNBOUND) DO NOT REMOVE COUNCIL AGENDA 1r ity of orpus. Chnsn January 11, 2000 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 11, 2000 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 provided an opportunity to address the Council afterthe Presentations section. Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact *he City Secretary's office (at 512 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Richard Leggett, Kelsey Memorial United Methodist. 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 Javier D. Colmenero Council Members: Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of December 21, 1999. (Attachment # 1) Agenda Regular Council Meeting January 11,2000 ]ge 2 F= BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) * Building Standards Board * Commission on Children and Youth * Electrical Advisory Board * Senior Companion Program Advisory Committee * Senior Community Services Advisory Committee * Transportation Advisory Committee PRESENTATIONS: Public comment will not be solicited on Presentation items. * Recognition of"Unsung Hero Award" recipients * Recognition of Y2K Task Force and City's Y2K Preparation and Response Team * Mayor's Millennium Celebration Committee PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reuni(~n de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Counci/ wi//use a different method of adoption from the one listed; may finally pass CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 11,2000 Page 3 an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. Ail items will be acted upon by one vote without being discussed separately un/ess 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 wi//be adopted by one vote. .,ONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Counc# will vote on afl motions, resolutions and ordinances not removed for individual consideration.) Motion approving supply ag reements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $92,208.91 based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY99-00. (Attachment # 3) Sysco Food Service LaBatt Food Service Ben E. Keith San Antonio, TX Corpus Chdsti, TX San Antonio, TX 90 Items 102 Items 66 Items $49,021.54 $24,829.42 $10,020.92 Sam Hausman Meats Lance, Inc. Corpus Christi, TX Chadotte, NC 2 Items 1 Item $7,628.01 $709.02 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Grand Total: $92,208.91 Agenda Regular Council Meeting Janua~ 11,2000 ~ge 4 .8. 7.5. Ordinance appropriating $71,032.24 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $71,032.24 in the No. 5110 Maintenance Service Fund. (Attachment # 4) Motion approving the purchase of two mowers from Kut-Kwick Corporation, Brunswick, Georgia for $71,032.24 based on sole source. The mowers will be used by the Water Department. One unit is a replacement and the second unit is an addition. (Attachment # 4) Ordinance transferring $19,132 from the No. 1020 General Fund to and appropriating it in the No. 4680 Ambulance Fund for lease purchase payments for two ambulances; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $19,132 in the No. 4680 Ambulance Fund. (Attachment # 5) Motion approving the purchase of two ambulances from the Houston- Galveston Area Council of Governments, for the total amount of $274,214.08. The award is based on the cooperative purchasing agreement with HGAC. The ambulances will be used by the Fire Department. Financing will be provided through the City's lease/purchase financing agreement through Koch Financial Corporation. The two ambulances are replacements. (Attachment # 5) Motion authorizing the acquisition of Parcel No. 3 located on the west side of Kostoryz Road between Masterson Street and Crestwater Drive for $49,500 in connection with the Kostoryz Road Improvements Holly Road to Saratoga Boulevard project. (Attachment # 6) Ordinance appropriating $8,968.80 in accrued interest from the Texas Natural Resoumes Conservation Commission Rider 17 Funding in the No. 1050 Federal/State Grants Fund for air quality research and planning. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a contract amendment with Texas A&M University- Corpus Christi in an amount not to exceed $20,000 for small business assistance and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting .lanuary11,2000 ge 5 10.a. 10.b. 11. public education on pollution prevention and air quality in Nueces and San Patricio counties. (Attachment # 7) Motion authorizing letter of appreciation to Congressman Ortiz, Senator Gramm, Senator Hutchinson for their assistance in obtaining funding to construct the new Federal Aviation Administration's Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport. (Attachment # 8) Ordinance authorizing the City Manager to execute an extension of the lease agreements with Pagan-Lewis Motors dba Budget Rent-A- Car of Corpus Christi, Inc.; Coastal Bend Rent-A-Car, Inc. dba AVIS Rent-A-Car; Mar Jean Texas, Inc. dba Hertz Car Rental; National Car Rental of Corpus Christi, Inc.; and JFC Leasing, LLC dba Dollar Rent- A-Car to extend the lease agreements for no more than 12 months, on a month to month basis, all leases to expire no later than December 31, 2000. (Attachment # 9) Motion to amend prior to second reading by revising provisions for masonry-type fencing in a B-2A District. (Attachment # 10) Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 13, B-2A Barrier Island Business District and Section 27B-7.01.C. relating to uses allowed in the District and street yard requirements. (First Reading - 12-14-99) (Attachment # 10) PUBLIC HEARINGS: ZONING CASES: Case No. 1299-1, Hi-Lo Auto Supply, L.P.: A change of zoning from an "B-I" Neighborhood Business District to a "B-3" Business District on Schanen Estates Unit 1, Block 10, Lot 3A, located on the northeast corner of Weber Road and Schanen Boulevard. (Attachment # 11) Planning Commission's and Staff's Recommendation: Denial ofa "B- 3" District, and in lieu thereof, approval of a Special Permit for a retail auto parts store subject to a site plan and four conditions. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11,2000 ~ge 6 12. 13. ORDINANCE Amending the Zoning Ordinance upon application by Hi-Lo Auto Supply, L.P., by granting a special permit for a retail auto parts store subject to a site plan and four conditions on Lot 3A, Block 10, Schanen Estates Unit 1; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1299-4, Rey Ramos: A change of zoning from an "A-I" Apartment House District to a "B-I" Neighborhood Business District on David Brown Tract, being the east half of Lot 19, located on the northwest corner of Sonora and Cleo Streets. (Attachment # 12) Planninq Commission's and Staff's Recommendation: Approval of a "B-1" District. ORDINANCE Amending the Zoning Ordinance upon application by Rey Ramos, by changing the zoning map in reference to the east half of Lot 19, David Brown Tract, from "A-l" Apartment House District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1299-5, Fred V. Espinosa: A change of zoning from a "B-5" Primary Business District to an "A-2" Apartment House District on Extension to South End, Block 10, Lot 3, located on the southwest corner of Coleman Avenue and Brownlee Boulevard. (Attachment # 13) Planning Commission's and StafFs Recommendation: Approval of an "A-2" District. ORDINANCE Amending the Zoning Ordinance upon application by Fred V. Espinosa, by changing the zoning map in reference to Lot 3, Block 10, Extension to South End, from "B-5" Primary Business District to "A-2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11,2000 ~ge 7 14. Case No. 1299-9, HEB Grocery Co./JDS Investments: A change of zoning from an "R-lB" One-family Dwelling District to a "B~I" Neighborhood Business District on La Arboleda Subdivision, Block 3, Lots 1 through 15, located on the northeast corner of Tarlton and McArthur Streets. (Attachment # 14) Planning Commission's and Staff's Recommendation: Approval of a "B-I" District. ORDINANCE Amending the Zoning Ordinance, upon application by H.E. Butt Grocery Company/JDS Investments, by changing the zoning map in reference to Lots 1 through 15, Block 3, La Arboleda Subdivision, 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. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Motion approving the selection of Merrill Lynch & Company as the Senior Managing Underwriter and Estrada Hinojosa as co-manager for the Series 2000 General Airport Revenue Bonds. (Attachment # 15) 16. First Reading Ordinance - Amending the City Code of Ordinances Chapter 35, Oil and Gas Well Division to increase fees in the following sections: "35-82, the filing fee is increased from one thousand dollars ($1,000.00) to one thousand five hundred dollars ($1,500.00); 35-87 (7) the filing fee is increased from one thousand dollars ($1,000.00) to one thousand five hundred dollars ($1,500.00); 35-88, the application fee is increased from one thousand dollars ($1,000) to one thousand five hundred dollars ($1,500.00); 35-117, Annual Inspection fee for every land well is increased from one hundred dollars ($100.00) to two hundred dollars ($200.00), and for every marine area well from two hundred dollars ($200.00) to three hundred fifty dollars ($350.00)," and providing for an effective date of February 1, 2000. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11,2000 ~ge 8 17. 18.a. 18.b. 18.o. 19. 20. M= Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding capacity-volume treated water rates; providing for an effective date. (Attachment # 17) Ordinance appropriating $35,000 from the Regional Transportation Authority (RTA) in the No. 1050 Federal/State Grants Fund for the Agnes-Laredo Parking Lot Renovations project. (Attachment # 18) Ordinance appropriating $6,000 from the Westside Business Associations (WBA) in the No. 1050 Federal/State Grants Fund for the Agnes-Laredo Parking Lot Renovations project. (Attachment # 18) Motion authorizing the City Manager or his designee to execute a construction contract with Isensee Construction for a total fee not to exceed $84,750 for the Agnes-Laredo Parking Lot Renovations. (Attachment # 18) Motion authorizing the City Manager or his designee to execute an agreement in the amount of $5,000 with artist, Dinah Bowman to provide public art work at Fire Station # 7, 3722 S. Staples. (Attachment # 19) Motion authorizing the City Manager or his designee to execute an agreement with artist, Walker Kravitz, in the amount of $20,000 to provide public art for the Janet F. Harte Public Library, 2629 Waldron Road on the campus of Flour Bluff High School. (Attachment # 20) CORPORATION MEETING: CORPUS CHRIS TI INDUSTRIAL DEVELOPMENT CORPORA TION (Attachment # 21): AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Date: Time: Tuesday, January 11, 2000 During the meeting of the City Council beginning at 2 Agenda Regular Council Meeting ,January 11,2000 ~ge 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaQ/) Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Amold Gonzales call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Dr. Amold Gonzales, Pres. Henry Garrett, Vice Pres. Ja vier Colmenero Melody Cooper Rex A. Kinnison Betty Jean Longoria John Longoria Samuel L. Neal, Jr. Mark Scott W. Thomas Utter, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, Asst. Secretary Mary Sullivan, Treasurer Mike Harty, Asst. Treasurer 2. Approve Minutes of the Meeting of July 27, 1999. 3. Financial Report. 4. General ManageKs Report. Consideration of Resolution with respect to the issuance of bonds to finance facilities for MDC Corpus, L.L.C. -Airborne Freight Cargo Project. 6. Public Comment. 7. Adjournment. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the previsions of the Open Agenda Regular Council Meeting Janua~ 11,2000 age 10 22. 23. 24. Meetings Act, Chapter55? of the Texas Govemment Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Planned Executive Sessions and Related Action In addition to the foregoing, notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matters: Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. 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 achVities 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 discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) · . ADJOURNMENT: Agenda Regular Council Meeting Janua~ 11,2000 ~ge 11 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2;30 p.m., January 7 ,2000. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armanoo Chapa / City Secretary //~ NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-christi.tx.us after 5:00 p.m, on the Friday before regularly scheduled council meetings. Symbols used to highlight action item that implement council priority issues. City Council Priority Issues Improvement in Delivery of Basic Services Improvement in Delivery of Basic Services - Trash, Brush & Debris - Street & Road Maintenance Improvement in Delivery of Basic Services - Park Maintenance Improvement in Delivery of Basic Services - Animal Control Improvement in Delivery of Basic Services - Quality Water Improvement in Delivery of Basic Services o Lighting Expansion of the Bayfront Plaza Convention Center Capital Improvements Bond Issue Successful Implementation of Crime Control District Objectives Community Oriented Policing Economic Development Plan Storm Water Utility/Drainage Completion of Airport Improvements Assessment of Street Needs (Planned Street Program) ~ Northside Plan Additional Golf Course Youth Crime Initiatives Environmental Compliance ~CDBG Funding Assessment ~ Privatizing Services ~ Improvement of Citizen Response System Creation of a "Development Center" i~.~-~ Residential Communities Involved in Park Development Bayfront Development Plan 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 21, 1999 12:02 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attomey James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 December 14, 1999. A motion was made and passed to approve the minutes as presented. Mayor Neal announced three executive sessions. The first two were pursuant to Texas Government Code, Section 551.074 as follows: for the purpose of evaluating the City Secretary with possible discussion and action related thereto in open session; and for the purpose of evaluating the City Manager with possible discussion and action related thereto in open session. The third executive session was pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107® District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Council Member John Longoria made a motion to amend the City Manager's employment agreement to increase his vacation leave accrual from 15 days to 20 days per year; and to increase the city's contribution to the City Manager's retirement fund from $7,500 annually to $10,000 annually, effective December 3 I, 1999. Council Member Kinnison amended the motion to provide the same five-day buy-back vacation leave provision afforded other City employees. The motion was Minutes Regular Council Meeting December 21, 1999 Page 2 seconded by Council Member Betty Jean Longoria. Mayor Neal called for a voice vote on the motion, and it passed unanimously. (A replacement motion was made at the end of the Council meeting. Seepage 30 of the minutes.) Mr. Longoria also made the following motion, which was seconded by Mrs. Longoria: G.1. M99-431 Motion effective December 31, 1999 to increase the City Secretary's salary by 3%, authorize accrual of vacation leave up to 100 days, and provide for payment upon termination of employment of up to 100 days of accumulated vacation leave and up to 100 days of accumulated sick leave. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to the presentations on the day's agenda. The first presentation was about the airport terminal design. Ms. Bonnie Allin, Aviation Director, introduced the members of the Airport Board who were present: Ed Hicks Sr., Abel Alonzo, Chuck Cazalas, Mark Meyer, Jorge Rangel, Willard Hammonds Sr., Ramiro Garnboa, and Jan Rehler. She said the Airport Board members have met with city staff and the design team on several occasions regarding the design of the new terminal. Ms. Allin then announced that through the efforts of the legislative delegation in Washington and the Federal Aviation Administration (FAA), Corpus Christi's new air traffic control tower will be funded this fiscal year. As a result, the control tower will be built concurrently with the terminal and will be completed at approximately the same time. With regard to the terminal design, Ms. Allin said the project is designed to the budget that the Council approved and all of the funding for the facility is airport-generated revenue. Mr. Richard Maxwell, Project Principal/Manager with Gensler, reviewed the concepts that had been discussed with the Council during a special workshop session on August 31, 1999. Utilizing a computerized presentation, he also discussed the starting configuration of the airport, which has seven gates, and the ultimate configuration, which anticipates extensive future growth. Mr. Maxwell said construction on the temporary terminal facility (connector) is scheduled to begin on April 3, 2000 and be completed by July 16, 2000. Construction on the new terminal facility itself will be initiated on July 19, 2000 with completion projected prior to Thanksgiving 2002. The land side road and parking improvements are scheduled to begin construction on July 3, 2000 and be completed by November 5, 2000. 2 Minutes Regular Council Meeting December 21, 1999 Page 3 Ms. Allin described the planned improvements for the land side roadway project: rebuilding International Drive to include paving, lighting, and landscaping; widening the loop road to accommodate the ultimate configuration of the terminal as it is expanded over time; expanding parking facilities; and separating the rental car ready lot and drop-off lot. Mr. Maxwell referred to a slide showing the approved project budget overview: total terminal reconstruction- $26,006,184; terminal apron - $2,000,000; landside road improvements - $4,548,000; and parking lot improvements - $1,418,000; for a total of $36,008,184. He then described how the new terrninal will basically be built in phases on top of the existing terminal through the construction of the tempormy connector and the eventual demolition of certain ex/sting facilities. He also referred to diagrams of the two levels of the new terminal. Mr. C.K. Pang, Senior Project Designer with Geusler, used computer images to describe the spatial experience of the new terminal. Ms. Carole Nicholson discussed the materials that will be used in the facility. Mr. Maxwell and Ms. Allin pointed out that the construction contract will include additive alternates so the Council can review the bids and the available funding to determine how they wish to structure the length of the outside canopy. Mayor Neal and Council members thanked the legislative delegation, members of the design team, and the Airport Board for their assistance in obtaining the FAA funding for the control tower and for the design of the new tenminal facility. Responding to Council Member Colmenero, Ms. Allin said they have been meeting with airline representatives monthly throughout this process to obtain their requirements for the next five to 10 years. She added that they have sized the new terminal even larger than the airlines indicated that they needed to avoid congestion. Also, there is an extra gate that is available for charters, international service, or an additional airline, and the terminal can be expanded in the future without disrupting current operations. Ms. Allin said Continental Airlines representatives have said that by the time the terminal is completed, they will have an all-jet fleet in Corpus Christi. Council Member Gonzales pointed out that a meeting of the Corpus Christi Industrial Development Corporation will be held on January 11, 2000 to authorize issuance of industrial revenue bonds for an Airborne Express project at the airport. The next presentation was regarding the Crosstown Expressway extension and interchange project. Ms. Becky Kureska, Public Information Officer for the Corpus Christi District of the Texas Department of Transportation (TXDOT), said the presentation they were making to the Council was the same one made during several citizens' meetings and service group meetings. She said a public hearing for this project was held in 1987 and since that time a portion of it has been constructed; namely, the frontage roads from South Padre Island Drive to Saratoga Boulevard (Phase I) were completed in 1995. The next phase is construction of the interchange itself so there will be a direct Minutes Regular Council Meeting December 21, 1999 Page 4 connection from the downtown area to the southside of Corpus Christi. Mr. Billy Parks, TXDOT District Engineer, noted that the repaving and lighting improvements to the Crosstown Expressway have been completed, and he said the federal and state monies for raising the IFK Causeway have been finalized and the funding package for the Joe Fulton International Trade Corridor has been completed. With regard to the day's presentation, Mr. Parks said the Crosstown interchange, a $36 million project, consists only of federal and state monies. He described how this project has been moved up on the priority list due to the efforts of the legislative delegation and TXDOT staff, as well as the impact this project will have on the community. Mr. Bryan Wood, Corpus Christi Area Engineer, said the southeast side of Corpus Christi has experienced tremendous growth over the last several years, as have the roads feeding into South Padre Island Drive (SPID). In order to relieve some of the congestion in that area, in 1985 TXDOT hired a consultant to complete a study on the three phases of the interchange project. He said design on the interchange is taking place and they plan to take bids for construction in late fall 2000 or early spring 2001, with completion anticipated in 36 to 42 months. Mr. Bob Leahey, Supervisor of TXDOT's Central Design Office, referred to computer graphics to illustrate the current conditions of the Crosstown/SPID roadways in comparison to the proposed interchange project, which will extend the main lanes of Crosstown south of SPID. He noted that all of the proposed improvements are within the existing right-of-way, which means no homes or businesses will need to be relocated. He said the goal of this project is to provide an altemate route for traffic along SPID to the south, which should help reduce congestion along SPID. Mr. Leahey then reviewed travel movements from several directions via a variety of connections. State Representative Vilma Luna said TXDOT is still in the process of receiving input from the public, and she said the members of the legislative delegation and TXDOT welcome any comments from the community and from the Council members. State Representative Gene Seaman commented on the positive impact the three major TXDOT projects will have on the area's economy. He also commended Rep. Luna for her work on this issue. Mayor Neal recognized the presence at the meeting of Mr. Bert Quintanilla, Chief of Staff for State Representative Jaime Capelo. Responding to Council Member Betty Jean Longoria, Mr. Leahey said most of the concerns TXDOT has addressed to date involve access to and from the freeways, such as the Greenwood exit ramp, the elimination of the existing ramp to Ayers Street, and ramp reversals at Gollihar. Mrs. Longoria thanked the legislative delegation members and TXDOT staff. She also said there was a problem with F.M. 624. In reply to Council Member Garrett, Mr. Leahey said the Gollihar exit has not been eliminated in the proposal but it has been relocated further north; in addition, there will be an exit south of Gollihar that will allow traffic to exit for Trojan Drive. He and another TXDOT representative also described other proposed routes to accommodate changes associated with the intemhange in response to questions from Council Member Colmenero. Minutes Regular Council Meeting December 21, 1999 Page 5 Council Member Scott asked about an interim traffic pattern during construction. Mr. Leahey replied that their goal is to maintain two lanes of traffic at all times throughout construction, which will involve more off-peak hour work. Mr. Scott raised the issue of signal synchronization on the frontage roads from Holly Road to Saratoga Boulevard. He also asked about the status of the Ennis Joslin road project. Mr. Parks replied that the project will be let in April 2000. Council Member Gonzales expressed his appreciation to Mr. Parks, and he echoed the concerns raised about F.M. 624 and Ennis Joslin, which Mr. Parks and another TXDOT staff member discussed. Mr. Parks added that TXDOT has listened to citizens' concerns and they have added tumarounds on the interchange project where originally none were planned. Mayor Neal called for petitions from the audience. Mr. Justin Grobe, 1025 Burr, said he was accompanied by Jeremy Garza, Ray Garcia, and Joshua Sandoval. Mr. Grobe said they were all expressing the desire for a skate park on the bayfront for use by skaters. He said the city is known for its outdoor sports and a skate park would add to that attraction. Council Member John Longoria said he visited a skate park in Phoenix and he and others have discussed the idea of having a skate park in Corpus Christi. Mr. Rick Cruz, 4725 Schwerin Lake Dr., said he is the owner of Rick's Detailing at the comer of Ayers and SPID. He said there has not been much study regarding the proposed Crosstown interchange as it affects the business owners and the community. He said they are eliminating exit ramps at Gollihar, Trojan, Greenwood, to Ayers from Crosstown, and to Ayers from the airport. He expressed concern about fire response times and said not enough input was received as the highways were built. Mr. Jose Marroquin, 2433 Allencrest, said the Greater Corpus Christi Business Alliance has not contributed to Corpus Christi's economic growth, particularly with regard to the number of jobs. He added that he hopes TXDOT will consider citizens' concerns in the construction of the Crosstown interchange. Mr. Jorge Hemandez, 4549 Bemandino, spoke against the Crosstown interchange because he said TXDOT will be closing six exit and entrance ramps and modifying another four, such as Gollihar, Ayers, and others. He said more public meetings on that project are needed. Mr. Phil Rosenstein commented on Mayor Neal's response to Mr. Rosenstein's remarks during the December 14th Council meeting. Mr. Rosenstein reiterated that crime is not going down in Corpus Christi, and the city has not improved its infrastructure in proportion to the city's growth. Mr. J.E. O'Brien, 4130 Pompano, said state law requires a city to publish its financial statement withLn 120 days of the end of its fiscal year. He said in the past, Assistant City Managers Minutes Regular Council Meeting December 21, 1999 Page 6 have made assurances that the financial statement would be published in the future in a timely manner. He said the deadline for publishing Corpus Christi's financial statement was about November 29, 1999, and he asked why the fmancial statement was late and when can the public expect to see it. Ms. Mary Sullivan, Director of Finance, said city staff has had considerable difficulty this year with the new computer systems that were put into place. She said Finance staff is putting in many hours to produce a financial statement for the auditors about which they are confident. She added that they will provide a memo to the Council on the report's completion date. Mr. Jack Gordy, 310 Norton St., read a definition fi:om the dictionary of the word "emergency." He said the Council was scheduled to vote on an emergency item that has been in the works since 1985, which he said does not make sense. Mayor Neal called for a brief recess. Upon reconvening, the Mayor called for consideration of the consent agenda (Items 2-I 1). Council members requested that Items 5, 9, and 10 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 2.a. ORDINANCE NO. 023873 Ordinance appropriating $86,165 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; mending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $86,165 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 2.b. M99-433 Motion approving the purchase of two tractors with front-end loaders and mowers, a tractor with mower and a tractor with front end loader from the following vendors, for the following amounts, in accordance with Bid Invitation No. BI-0019-00 for a total of $112,950 based on low bid. The equipment will be used by the Water and Wastewater Departments. All recommended items are replacements. Nueces Power Equipment Gulf Tractor Company Corn_ us Christi. Texas Corpus Christi. Texas Bid Item 1 Bid Items 2 & 3 $56,790 $56,160 Grand Total $112,950 Minutes Regular Council Meeting December 21, 1999 Page 7 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 3.a. ORDINANCE NO. 023874 Ordinance appropriating $106,569 from the Reserve for Capital Outlay in the No. 5110 Maintenance Services Fund to purchase equipment; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $106,569 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M99-434 Motion approving the purchase of one Series 1 tractor loader backhoe, two Series III tractor loader backhoes, three Series IV tractor loader backhoes, and one crawler tractor from the following companies, for the following amounts, in accordance with Bid Invitation No. BI- 0020-00 for a total of $348,544 based on low bid and only bid. The equipment will be used by the Gas, Water and Storrnwater Departments. All recommended items are replacements. Crescent Machinery Corn_ us Christi. Texas Bid Items 1, 2, and 3 $291,215 Holt Company of Texas Col-pUS Christi. Texas Bid Item 4 $57,329 Grand Total: $348,544 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M99-435 Motion approving the purchase of a van from Houston-Galveston Area Council of Governments for a total amount of $23,026.62. The award is based on the cooperative purchasing agreement with HGAC. The van will be used by the Police Department. Funds are available through the 1997 Weed and Seed Asset Forfeiture Fund and the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting December 21, 1999 Page 8 6. M99-437 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract with HDR Engineering for a fee not to exceed $455,900 for the Oso Plant grit chamber and troughs structure rehabilitation and lift station overhead crane/mil system. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.a. ORDINANCE NO. 023875 Ordinance appropriating $138,000 fi'om a Coastal Bend Community Foundation Grant in the No. 3210 Library Capital Improvement Projects Fund for furnishings and equipment for the Janet F. Harte Library. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.b. M99-438 Motion authorizing the City Manager or his designee to execute a gift agreement with the Corpus Christi Public Library Foundation Inc., which will provide an amount not to exceed $25,000 for furnishings and equipment for the Janet F. Harte Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.c. ORDINANCE NO. 023876 Ordinance appropriating $25,000 fi'om a Corpus Christi Public Library Foundation Inc. gift agreement in the No. 3210 Library Capital Improvement Projects Fund for furnishings and equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $25,00 to the library program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M99-439 Motion authorizing the City Manager or his designee to execute a gift agreement with the Friends of the Corpus Christi Public Libraries which will provide an amount not to exceed 8 Minutes Regular Council Meeting December 21, 1999 Page 9 $5,000 for fumiskings and equipment for the Janet F. Harte Public Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gm'rea, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.e. ORDINANCE NO. 023877 Ordinance appropriating $5,000 fi:om the Friends of the Corpus Christi Public Libraries Inc. gift agreement in the No. 3210 Library Capital Improvement Project Fund for furnishings and equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $5,000 to the library program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M99-440 Motion authorizing the purchase of shelving and furniture for the Janet F. Harte Public Library fi:om the following vendors for the following amounts in accordance with Bid Invitation No. BI-0033-00 for a total of $153,892.67 based on low bid, only bid and best bid. Libm-Tech Corporation Ark, vie. Text3 Groups 1 and 3 $60,431.91 Cultural Surroundings Dallas, Texas Groups 2, 12, 14, 16& 17 $55,191.36 Corporate Express Comus Christi. Texas Groups 4, 5 and 7 $18,52IA5 Office Source, LTD San Antonio, Texas Group 13 $3,426.44 Yochem's Business Interiors Comus Christi. Texas Groups 9, 10, 15 and 19 $8,214.06 Business Interiors of Texas Comus Christi. Texas Groups 6 and 18 $2,785.15 Library Interiors of Texas, Inc. Bastrop, Texas Group 8 $5,322.60 Grand Total: $153,892.67 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M99-441 Motion authorizing the City Manager or his designee to execute a gift agreement with the Corpus Christi Public Library Foundation Inc., which will provide an mount not exceed $40,000 for computer equipment for the Janet F. Harte Public Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting December 21, 1999 Page 10 8.b. ORDINANCE NO. 023881 11. Ordinance appropriating $40,000 fi:om a Corpus Christi Public Library Foundation Inc. gift agreement in the No. 3210 Library Capital Improvement Project Fund for computer-related equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $40,000 to the library program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Go~n?a!es, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. ORDINANCE NO. 023884 Ordinance closing and abandoning a 1,942-square foot portion of a 7.5-foot wide utility easement out of Lots 7-10, Block 51, King's Crossing Unit 11; requiring owner, King's Crossing Realty Ltd., to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal opened discussion on Item 5, chlorine removal/liquid disinfection facilities. Council Member Garrett asked if this project included the Broadway Wastewater Treatment Plant. Mr. Angel Escobar, Director of Engineering Services, said it did not. (Mr. Escobar later corrected that statement Seepage 1! of the minutes.) He said the Broadway plant is scheduled to be closed within five years. He noted that the Council approved a contract to Govind & Associates to design the project that will divert the wastewater fi:om the Broadway plant to the Greenwood plant. City Secretary Chapa polled the Council for their votes as follows: 5. M99-436 Motion authorizing the City Manager or his designee to execute a contract for engineering services with BHP Engineering & Construction Inc. for a total fee not to exceed $474,200 for the chlorine removal/liquid disinfection facilities at wastewater treatment plants project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 10 Minutes Regular Council Meeting December 21, 1999 Page 11 Mayor Neai opened discussion on Items 9 and 10, grant applications to the state's Criminal Justice Division. Responding to Council Member Colmenero, City Manager Garcia and Ms. Pat Eldridge, Police Department, explained that staff has been looking into these two grants for the past few months based on the establishment of the city's Family Violence Unit, which came as a recommendation from the International Association of Chiefs of Police study. She said this is the first time the city has applied for these funds, which are granted annually. Mr. Colmenero asked that the Council be kept informed about the progress of the two programs involved. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 023882 Resolution authorizing the submission of a grant application in the amount of $68,763 to the State of Texas, Criminal Justice Division for a victim case manager primarily funded by the Victims of Crime Act (VOCA) Fund. The foregoing resolution passed by the following vote: Neai, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. RESOLUTION NO. 023883 Resolution authorizing the submission of a grant application in the amount of $73,363 to the State of Texas, Criminal Justice Division for a victim case manager primarily funded by the Violence Against Women Act (VAWA) Fund. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Escobar said he needed to correct the response he gave Mr. Garrett regarding Item 5. He said that project does include the Broadway Wastewater Treatment Plant because the plant will remain in use for four to five more years and the city has to remain in compliance with treatment regulations. Mr. Garcia explained that those federal regulations have become much more strict since they now require a city to remove the chlorine disinfectant from the effluent before it is discharged into the environment. Mayor Neal opened discussion on Item 12, second reading of the six annexation ordinances annexing a total of 4,698 acres. He stated that the Council would consider each annexation area separately. There were no comments from the audience or the Council regarding Area A, Wood River areas (Tracts 1-5). City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 21, 1999 Page 12 12.a. ORDINANCE NO. 023885 Annexing five tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area A) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." There were no comments from the audience or the Council regarding Area B, River Hills area (Tracts 1, 2, 4A and 4B as amended). Mr. Chapa polled the Council for their votes as follows: 12.b. ORDINANCE NO. 023886 Annexing four tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision and Hazel Bazemore Park; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area B) The foregoing ordinance passed on second reading by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." There were no comments from the audience or the Council regarding Area C, the area west of the San Carlos Subdivision. Mr. Chapa polled the Council for their votes as follows: 12.c. ORDINANCE NO. 023887 Annexing one tract of land adjacent to the city limits, located between I.H. 37 and the Nueces River; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date; and providing an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longofia, J. Longofia, and Scott voting "Aye"; Kinnison abstaining. 12 Minutes Regular Council Meeting December 21, 1999 Page 13 There were no comments fi.om the audience regarding Area D, Mustang Island west of S.H. 361 (Tracts 1 and 2). In response to Council Member Gonzales, Mr. Tom Utter, Assistant City Manager for Development Services, referred to a map to describe the area encompassed in this annexation. He noted that it includes part of Packery Channel. Mr. Chapa polled the Council for their votes as follows: 12.d. ORDINANCE NO. 023888 Annexing two tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, north of Park Road 22 and north and west of State Highway 361, in the vicinity of Packery Channel; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area D) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Chapa stated that Council Member Garrett will abstain fi.om discussing or voting on Area E (Item 12.e.). There were no comments from the audience regarding Area E, Padre Island east of Park Road 22 (Tracts I-3 as amended). Mr. Utter again referred to a map to describe Area E and he pointed out that the Council had directed that Tract 4 be removed from consideration. Mr. Utter also discussed the area of Packery Channel that will now be in the city limits. Mr. Chapa polled the Council for their votes as follows: 12.e. ORDINANCE NO. 023889 Annexing three tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, east of State Highway 361 and Park Road 22, in the vicinity of Packery Channel and Lake Padre subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area E) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. There were no comments fi.om the audience or the Council regarding Area F, Mustang Island north of Mustang Island State Park (Tracts 1 and 2 as amended). Mr. Chapa polled the Council for their votes as follows: 13 Minutes Regular Council Meeting December 21, 1999 Page 14 12.f. ORDINANCE NO. 023890 Ordinance annexing two tracts of land adjacent to the city limits on Mustang Island, located between Mustang Island State Park and the City of Port Aransas; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area F) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Kinnison voting "No." Mayor Neal opened discussion on Item 13, adopting the annexation plan. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 023891 Resolution adopting the annexation plan required by Section 43.052, Local Government Code. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 14, Southeast Senior Citizens Center. Mr. Escobar explained that the new addition will be added to the side of the existing Garden Cemer located near Cullen Middle School. He said staffis recommending that Additive Alternate No. 4 for additional parking not be awarded at this time due to insufficient funding. However, if contingency funds become available as the project nears completion, staffwill bring Additive Alternate No. 4 back to the Council for change order approval. Mr. Escobar also described the design of the new center. There were no comments fi'om the audience. City Secretary Chapa polled the Council for their votes as follows: 14. M99-442 Motion authorizing the City Manager or his designee to execute a construction contract with Mehne Coustmction for a total fee not to exceed $692,690 for the Southeast Senior Citizens Center. 14 Minutes Regular Council Meeting December 21, 1999 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 15. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. M99-443 Motion authorizing the City Manager or his designee to execute a contract for engineering services with Freese & Nichols Inc. in the amount of $98,200 for an update of probable maximum flood calculation for Wesley Seale Dam. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 16, Leopard Street Phases 1 and 2. He called for comments from the audience. Mr. J.E. O'Brien urged the Council before voting on this item to carefully review the wording of Article IV, Section 3 of the City Charter. He said the Council should vote against the ordinance. Mr. Jack Gordy said the Council members took an oath that they would uphold the laws of the City of Corpus Christi, including the City Charter. He said the ordinance does not fit the definition of an emergency and the Charter states that a transfer of funds is not allowed. City Attorney Bray said it is their opinion that the transfer of funds provision in the City Charter does not prevent a loan from the Utilities Fund when an interest rate is charged. As a result, the Utilities Fund is fully reimbursed at the same rate the fund would have been if it had simply invested the money. The City Attorney said the purpose of the transfer provision is to prevent the Utilities Fund from subsidizing the General Fund, and this action does not do that. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 023878 Resolution of statement expressing official intent to reimburse costs of Leopard Street, Phase I and II street improvement project. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15 Minutes Regular Council Meeting December 21, 1999 Page 16 16.b. ORDINANCE NO. 023879 Ordinance appropriating $728,834 from the Unreserved Fund Balance in the Combined Utility Systems Fund; transferring and appropriating it in the No. 3539 Street Capital Improvements Project 2000 (CO) Bond Fund to complete the 1986 bond street improvements, to be reimbursed to the Combined Utility Systems Fund with interest; mending Ordinance No. 023702, wh/ch adopted the FY99-00 Budget, by adding $728,834 to the Combined Utility Systems Fund; amending Ordinance No. 023703, which adopted the FY99-00 Capital Budget, by adding $728,834 to the No. 3539 Street Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gon?ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.c. RESOLUTION NO. 023880 Resolution authorizing the City Manager or his designee to execute an advanced funding agreement with the Texas Department of Transportation in the estimated amount of $1,057,178.37 for the construction of roadway improvements and utility extensions associated with the Leopard Street Phase 1 & 2 - McKinzie to Rehfeld Road project. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 17, Kostoryz Road utilities adjustment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M99-444 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,210,654.80 with Reese Contracting Inc. of Corpus Christi, Texas, for the Kostoryz Road utilities adjustment: Holly Road to Saratoga Boulevard, S.H. 357 project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 18, Buccaneer Days lease agreement. There were no comments from the audience. ~6 Minutes Regular Council Meeting December 21, 1999 Page 17 Responding to Council Member Gonzales, Mr. Tony Cisneros, Director of Park and Recreation, said the lease agreement is for five years at the site specified. Following a brief discussion, Mr. Cisneros read from the lease agreement, which states that if the city develops a festival site during the lease, the Buccaneer Commission agrees to negotiate moving the event to the new festival site for the next event after the site is opened. Council Member Scott questioned the terminology that the Commission agrees to "negotiate" moving the event. Council Member Colmenero said the Commission has already begun to look for another site. Council Member Betty Jean Longoria said that several years ago when she first became a Council member, city staff proposed a festival site near the Harbor Bridge and several Buccaneer Commissioners were totally against it. Mr. Garrett said the Commissioners were opposed at that time because the Buccaneer carnival did not fit in the area proposed. However, he said the Commission supports the development of a festival area that would accommodate a carnival that size and other events as well. Mayor Neal asked staff, prior to second reading, to work on the language so as to reach an agreement. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the Buccaneer Commission Inc. to conduct the Buccaneer Days Festival and related activities on the areas bounded by (a) the interior of the west curb line of Shoreline Boulevard (northbound) and the east curb line of Shoreline Boulevard (southbound) and bounded on the south by Memorial Coliseum and on the north by the south curb line of Kinney Street; and (b) the seafloor of the Municipal Marina's south basin bounded by Shoreline Boulevard to the west, the McGee Beach pier and rock groin to the south and the south side of the Lawrence Street L-Head to the north, in consideration of the Commission paying a one-time $250 permit fee and 100% of the cost of City services for event support, except that in 2000 only, Commission will pay 75% of police overtime costs; giving Commission exclusive use of the premises for 20 days and non-exclusive use for 29 days during a set period for each of the five years, as shown in the lease beginning April 14, 2000. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzates, Kinnison, B. Longoria, and Scott voting "Aye"; Garrett abstaining; J. Longoria absent. Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. C1199-1A. Ci_ty of Corpus Christi: Zoning of newly annexed territory to "R-lB" 17 Minutes Regular Council Meeting December 21, 1999 Page 18 One-family Dwelling District on Mclntyre Partition, being 3.5 acres, located on the east side of East Riverview Drive, approximately 1,100 feet north of Dry Creek Dr. (Area A, Tract 1) City Secretary Chapa said the Planning Commission and staff recommended approval of an "R-lB" District. No one appeared in opposition. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 023892 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to newly annexed 3.5 acre tract, designated as Area A, Tract 1, by zoning as "R-lB" One-Family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. C1199-2A. City of Corpus Christi: Zoning of newly annexed territory to "R-lB" One-family Dwelling District on Herrem Grant, being 2.5 acres and Mclntyre Partition, being 37.0 acres, located south of Nueces River, east of East Riverview Drive, and west of River Park and Wood River Drives. (Area A, Tracts 2-5) City Secretary Chapa said the Planning Commission recommended approval of an "R-1B" One-family Dwelling District on Tracts 2, 3, and 4, and an "R-A' One-family Dwelling District on Tract 5. The staff s recommendation was approval of an "R-lB" One-family Dwelling District on Tracts 2, 3, 4, and 5. Mr. Michael Gunning, Director of Plarming and Development, said the Planning Commission and staff were in agreement that Tracts 2, 3, and 4 should be zoned an "R-lB" District. The commissioners felt that since Tract 5 adjoins the Nueces River, it should have a lower density and they recommended "R-A"; however, staff felt the "R-A" district would be too restrictive to develop the property. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023893 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 39.5-acre tract, designated as Area A, 18 Minutes Regular Council Meeting December 21, 1999 Page 19 Tracts 2, 3, 4 and 5 by zoning as "R-lB" One-Family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public heating on the following zoning case: 21. Case No. C1199-3A. City of Corn_ us Christi: Zon/ng of newly annexed territory to "F-R" Farm-Rural District on Herrera Grant North Portion, being 38.07 acres, located on the south side of the Nueces River, and north of Santa Gertmdis Drive. (Area B, Tract 1) City Secretary Chapa said the Planning Commission and staff recommended approval of an "F-R" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public heating, seconded by Mr. Garrett and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023894 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 38.07 acre tract, designated as Area B, Tract 1, by zoning as "F-R" Farm-Rural District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Colmenero, Cooper and Scott absent. Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 22. Case No. C1199-4A. City of Corpus Christi: Zoning of newly annexed territory to "F-R" Farm-Rural District on Tract 2 and "R-1B" One-family Dwelling District on Tracts 4A and 4B on Nueces River Irrigation Park Annex No. 1, being 26 acres, and Herrera Grant North Portion, being 41.67 acres, located on the west side of County Road 69, between the Nueces River and Northwest Boulevard 0V.M. 624). City Secretary Chapa said the Planning Commission recommended approval of an "F-R" District on Tract 2, an "R-lB" One-family Dwelling District on Tracts 4A.I and 4B, an "AB" 19 Minutes Regular Council Meeting December 21, 1999 Page 20 Professional Office District on Tract 4A.2, and "B- I" Neighborhood Business District on Tract 4A.3. Staff's recommendation was approval of an "F-R" Farm-Rural District on Tract 2 and approval of an "R-lB" One-family Dwelling District on Tracts 4A and 4B. Mr. Gunning said there is only one residence in that area and the rest of it is low-lying property along the riverfront. He explained that previously the Council requested that a portion of Tract 4 (specifically six single-family residences along County Road 69) be excluded from the annexation. He explained the difference between the Planning Commission's and staff's recommendations for the newly annexed areas. No one appeared in opposition to the zoning. Responding to Mrs. Longoria, Mr. Gunning said that when the northern portion of the area is developed, the developer will be responsible for dedicating the additional right-of-way for River Wood Drive. Mr. Utter added that if the area is developed for residential use, the developer would not be required to reconstruct the existing street; the property owners could petition for the street paving and they would pay for approximately two-thirds of the cost. A brief discussion ensued. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 023895 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 68.27-acre tract, designated as Area B, Tracts 2, 4A and 4B, by zoning Tract 2 as "F-R" Farm-Rural District and Tracts 4A and 4B as "R-lB" One-family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonz,ales, Kinnison, B. Longoria, J. Longoria, and Scott voting Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 23. Caste No. C1199-5A, Ci_ty of Corpus Christi: Zoning of newly annexed territory to "F-R" Farm-Rural District on Gregorio Farias Grant, being 73 acres, located on the north side of Zamora Street and on the west side of River Lane. (Area C) City Secretary Chapa said the Plann/ng Commission and staffrecommended approval of an "F-R" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Garrett, and passed. Mr. Chapa polled the Council for their votes: 20 Minutes Regular Council Meeting December 21, 1999 Page 21 23. ORDINANCE NO. 023896 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 73-acre tract, designated as Area C, by zoning Area C as "F-R" Farm-Rural District; mending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining. Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. C1199-6A. City_ of Corpus Christi: Zoning of newly annexed territory to "F-R" Farm-Rural District on Tract 1 and "Bo2A" Barrier Island Business District on Tract 2, on William Bryan Survey 605, being 1,238 acres, located on the northwest side of State Highway 361 and east of South Padre Island Drive (Park Road 22). (Area D, Tracts 1 and 2) City Secretary Chapa said the Planning Commission recommended approval of an "F-R" Farm-Rural District on Tract 1 and an "R-A" One-family Dwelling District and a "B-2A" Barrier Island Business District on Tract 2. Staff's recommendation was approval of an "F-R" District on Tract 1 and "B-2A" Barrier Island Business District on Tract 2. Mr. Gunning said the Planning Commission and staff were in concurrence on the recommended zoning of"F-R" for Tract 1 because it is designated as a Coastal Barrier Resources Area (COBRA), which prohibits the use of federal loans or grants for development, insurance, or emergency relief funds for repairs or reconstruction. However, the Commissioners and staff differed on the recommendation for Tract 2. Staff recommended that Tract 2 be zoned "B-2A," which is consistent with uses on the island. He said there was considerable opposition to that recommendation during the Planning Commission meeting. Some of the residents expressed concern about commercial uses backing up to their residential streets, as well as the impact it would have on the area as a nature reserve. He noted that in January, staff will be bringing back to the Council amendments to the "B-2A" district, which he explained. Mayor Neal called for comments from the audience. Mr. Trian Serbu, 14310 Playa del Rey, referred to a map and noted that there are residential streets on the north and east sides of Tract 2 and there are commercial highways on the west and south sides of the tract. He said the Planning Commissioners recommended a 300-foot deep commercial buffer along S.H. 361, which they feel is appropriate. However, he said the rest of the tract is very special in that it has a high ecological value and calls for sensitive development. Minutes Regular Council Meeting December 21, 1999 Page 22 Consequently, the commissioners recommended "R-A" One-family Dwelling District on the rest of Tract 2. Mr. Serbu said a separate issue to consider at another time is the statement in the public heating notice that a particular zoning petition "should not be discussed with individual members of the City Council prior to the hearing." Mr. Lonnie Schwirtlich, 14314 Playa del Rey, said Tract 2 and the neighborhood in that area are the only areas on the island that retained the old oak trees. He said while it would make sense for the property owner to develop the area along SH 361 with commercial uses, the rest of the tract should be developed residentially like the surrounding neighborhoods. Mrs. Pat Suter, 1002 Chamberlain, said she was speaking on behalf of the local environmental community, including two Audobon groups, the Sierra Club, and OPUS, as well as the Fish and Wildlife Service. She said the area in question is a part of the Greater Texas Coastal Birding Trail due to the collection of oak trees there. She added that if the city zones that tract "B- 2A" it would result in clear cutting the property. Responding to Mayor Neal, Mrs. Suter said they agreed with the Planning Commission's recommendation, which she explained. She also further discussed environmental concerns versus development. Mr. Art Olson, 1510 South Bay, said he is a member of the Audobon Outdoor Club of Corpus Christi, wlxich owns and maintains 12 pieces of land for birding purposes. He said the proposal would allow for commercial uses across fi.om the club's sanctuary area. He explained why they support the Planning Commission's recommendation of"R-A" on a portion of Tract 2. Dr. David Gray, 15202 Cane Harbor, said that since the island consists of sand it is very unstable, and trees and vegetation help it maintain its stability. He said people should consider ecological interests when they develop. Dr. Robert Walter said he has a second home on the island. He said the landowner should be allowed to do what he wants to with his land; otherwise, the people who are opposed to his proposed uses should purchase the property. Mr. A1 Allison said his family has owned this property since 1949. He said he has had many opportunities to sell the property for use as trailer parks and other uses but he has mined them down because they have only wanted to have a first-class business project there. He said his father dreamed that one day Packery Channel might be opened, and it is still possible. Mr. Allison said they have been paying taxes on the property as commercial property and they should not be prevented from developing it as they see fit. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott reiterated that Mr. Allison has been paying taxes on his property as commercial property. He also asked about buffers and setbacks in a "B-2A" district, which Mr. Gunning explained. Mr. Scott then made a motion to zone Tract 2 as "B-2A" with the exception of a 120-foot 22 Minutes Regular Council Meeting December 21, 1999 Page 23 "R-lB" buffer along Playa del Rey. Mr. Colmenero seconded the motion. Responding to Mayor Neal, Mr. Gunning said the "F-R" Farm-Rural District is the most restrictive zoning district in the city and it limits development to one dwelling unit per five acres; an "RA" district allows single-family residences with a minimum of 15,000-square foot lots. Mr. Gunning reiterated the Planning Commission's zoning recommendation for Tract 2 and he explained how the property would be accessed if it is zoned commercially versus residentially. Mr. Chapa polled the Council on Mr. Scott's motion to amend the ordinance, and it passed as follows: Colmenero, Cooper, Garrett, J. Longoria, and Scott voting "Aye"; Neal, Gon?ales, Kiunison, and B. Longoria voting "No." Mr. Chapa then polled the Council for their votes on Item 24 as follows: 24. ORDINANCE NO. 023897 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 1,238-acre tract, designated as Area D, Tracts 1, D2.1 and D2.2, by zoning Tract 1 as "F-W' Farm-Rural District; by zoning Tract D2.1 as "B-2A" Barrier Island Business District; and by zoning Tract D2.2 as "R-lB" One-Family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales and KJimison voting "No." Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25. Case No. C 1199-7A. City_ of Corn_ us Christi: Zoning of newly annexed territory to "A-T" Aparmaent-Tourist District on Tract 1 and "B-2A' Barrier Island Business District on Tract 2, on portion of William Bryan Survey 606 and Nicolas and Juan Jose Balli, Abstract 1998, located on the southeast side of State Highway 361, east of South Padre Island Drive (Park Road 22). (Area E, Tracts 1 and 2) City Secretary Chapa said the Planning Commission recommended approval of an "AT" Apartment-Tourist District on Tract 1 and an "AT" Apartment-Tourist District and a "B-2A" Barrier Island Business District on Tract 2. Staff's recommendation was approval of an "AT" Apartment- Tourist District on Tract 1 and a "B-2A" Barrier Island Business District on Tract 2. He added that Council Member Garrett would be abstaining from discussing or voting on this item. Mr. Gunning said the Planning Commission and staff were both recommending that Tract 23 Minutes Regular Council Meeting December 21, 1999 Page 24 1 be zoned "AT" Apartmem-Tourist District, which will allow condominium and hotel developmem. He said the owner of a large portion of that tract supports that zoning designation. With regard to Tract 2, Mr. Gunning said staff recommended the "B-2A' district because it would allow the property to be developed with mixed uses, including marinas, which the "AT" district does not allow. He said since this is a waterfront subdivision, staff felt that would be appropriate; the "B-2A" would also allow other water-related uses, such as boat barns and storage. Mayor Neal called for comments from the audience. Dr. David Gray, a member of the Cane Harbor Homeowners Association, distributed a diagram showing the Cane Harbor development and two "fmger" projections to the east which he said staff's map does not show. He said the investors originally designed the area for single-family development. Dr. Gray said the island is growing as a community, evidenced by increased home construction and the formation of a charter school there. He said there are also environmental concerns regarding the amount of runoff that will be produced with high-density development on Lake Padre, which has poor circulation. Mrs. Blanca Gray, 15202 Cane Harbor, said when she and her husband purchased their property, they were advised by various real estate agents that the adjacent two finger projections were intended to be residential development. She said the new developer has indicated he plans to build townhomes, restaurants and other uses. She expressed concern about unplanned growth and the services that will be required with higher-density development. Mr. Carl Suding, Vice President of the Cane Harbor Homeowners Association, said when they purchased their property they were under the impression that the finger projection directly across from them would be developed residentially, which they were requesting. Mr. Paul Schexnailder said they own the area referred to by the previous speakers along with other land on the island. He said their plans continue to be to develop that area in an organized way to meet the needs of the community. He said they currently have on the island about 1,000 acres of undeveloped land that is already zoned for single-family use, as well as 600 waterfront lots without houses and 2,000 single-family non-waterfront lots. He added that the Lake Padre side is predominantly directed toward tourism development; however, they are concerned about the "AT" district because the allowable density exceeds the carrying capacity for that area. Mr. Schexnailder said he met yesterday with the Cane Harbor residents and they are sensitive to their concerns, adding that their plans have reduced the number of people who would be across from them. Dr. Gonzales made a motion to close the public heating, seconded by Mrs. Longoria, and passed. Ms. Cooper said she agrees with the Grays, and she made a motion to amend the ordinance to exempt from the requested "B-2A" zoning the existing finger projection immediately to the east of Cane Harbor, and in lieu thereof, to substitute "R-lB" zoning. The motion died for lack of a second. 24 Minutes Regular Council Meeting December 21, 1999 Page 25 Mr. Scott made a motion to adopt staff's recommendation on Tracts 1 and 2 in Area E. Mr. Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 023898 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 711-acre tract, designated as Area E, Tracts 1 and 2, by zoning Tract 1 as "AT" Apartment-Tourist District and Tract 2 as "B-2A" Barrier Island Business District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No"; Garrett abstaining. Mayor Neal referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 26. Case No. C1199-8A. Ci_ty of Corpus Christi: Zoning of newly annexed territory to "B-2A" Barrier Island Business District on Padre Island No. 1, all of Block 31, located between South Padre Island Drive (Park Road 22) and Windward Drive, south of Whitecap Boulevard. (Area E, Tract 3) City Secretary Chapa said the Planning Commission and staffrecommended approval of a "B-2A" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023899 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly armexed 14.5-acre tract, designated as Area E, Tract 3, by zoning as "B-2A" Barrier Island Business District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. Mayor Neal referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25 Minutes Regular Council Meeting December 21, 1999 Page 26 27. Case No. C1199-10A. City of Corpus Christi: Zoning of newly annexed territory to "F-R" Farm-Rural District on Tract 1 and "AT" Apartment Tourist District on Tract 2 on William Little Survey 593, Abstract 211; William Little Survey 594, Abstract 210; William Little Survey 595, Abstract 213; James A. Waterberry Survey 596, Abstract 408; R.S. Harvey Survey 599, Abstract 164; A.B. Little Survey, Abstract 944; and William Little Survey, Abstract 216, located between Corpus Christi Ba and the Gulf of Mexico and between City of Port Aransas and Mustang Island State Park. ~ Area F, Tracts 1 and 2) City Secretary Chapa said the Planning Commission and staff recommended approval of an "F-R" Farm-Rural District on Tract 1 west of State Highway 361, and an "AT" Apartment-Tourist District on Tract 2 and on Tract 1 east of State Highway 361. Mr. Gregory Smith, 1746 Glen Oak, said he represents Mr. Stanley Jay Dee, the agent for Tufts Cove Investment, which owns Tracts 593,594, and 595 on the bay side of S.H. 361 (a total of 450 acres). He said they do not oppose the "F-R" zoning on 593 and 595; however, 594 contains the Wilson Cut, an old oil field channel which is used by fishermen as a launching area. He said they have been discussing the idea of developing that section of the property with an improved boat launch, convenience store, fishing cabins, RV spaces, and other tourist-related businesses. He said Mr. Dee would like to have "B-2A" zoning there with a special use permit for the RV spaces. Mr. Utter said staffhas spoken with Mr. Smith about his request, which they received last week. He said this zoning case has been advertised for "F-R" and the Council cannot grant Mr. Smith's request at this time; however, the city can bring this case back to rezone this 150 acres as "B-2A." He agreed that the RV usage would require a special permit which they will discuss. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Colmenero asked if the Council could approve the zoning for the other sections but leave out the area referred to by Mr. Smith. Mr. Utter replied that would mean the Council would be annexing an area but not zoning it; however, they could leave that tract out. Mr. Colmenero made a motion to amend the ordinance to delete the 150 acres from the zoning request; seconded by Ms. Cooper. Mr. Chapa polled the Council on the motion to amend, and it failed by the following vote: Colmenero, Cooper, and Kinnison voting "Aye"; Neal, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "No." Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023900 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 2,513-acre tract, designated as Area F, Tracts 1 and 2, by zoning the part of Tract 1 west of State Highway 361 as "F-R" Farm-Rural District, and by zoning Tracts 2 and the part of Tract 1 east of State Highway 361 as "A-T'' Apartment-Tourist District; amending the Comprehensive Plan. 26 2 a. BUILDING STANDARDS BOARD - One vacancy to represent the category of Attorney with term to 3-03-02. COMPOSITION 7 members, 3 members at large of who shall be residents of the City and home owners; one shall be a lawyer, 3 chosen fi:om: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. ORIGINAL APPTD. DATE Sandra Field (Home Builder), Chairman Beverly Bacak (Member at Large) D. Ray Jones (General Contractor) Pauia Waddle (Attorney) Patrick Veteto (Member at Large) Leroy San Miguel (Member at Large) William Goin (Home Builder) 3-03-00 1-04-94 3-03-02 5-18-99 3-03-02 9-14-93 3-03-02 6-9-98 3-03-00 11-12-96 3-03-01 10-08-96 3-03-01 2-17-98 * Has exceeded the number of absences allowed by ordinance. INDIVIDUALS EXPRESSING INTEREST Mary Esther Guerra 4654 Stonegate Way (H) 854-I 159 (W) 888-7744 Attorney-at-Law, Sole Practioner. B.B.A., Corpus Christi State University; J.D., Thurgood Marshall School of Law, Texas Southern University. Member of C.C. Family Law Association, Texas State Bar. Graduate of Leadership Corpus Christi, Class XIV. (Qualifies- Attorney) (12-30-99) William M. McGuire 3838Marion St. (H) 854-1778 (W) 516-6057 Architect, NAS Kingsville - Quality Control of Contract Documents Dept. B.A. in Construction Technology, Louisiana Tech; Master's degree in Urban Planning, U.T. Austin. Past President and Executive Board Member of AIA. Extensive experience in general design/construction/contracts at Naval Air Station. (12-27-99) James Robichaux 6038 Pinehurst (H)993-4090 (W) 937-8843 Attorney/Shareholder, Matthews & Branscomb. B.B.A. and J.D., U.T. Austin. Member of C.C. Bar Association, Texas Bar Association and American Bar Association. Former adjunct professor of business law, C.C. State University. (Qualifies - Attorney) (9-02-99) 0111.00, page I Irma Sanjines 809 Port (H) 994-9171 (W) 883-6106 SherriSnowden 602 So,ell (H)852-7337 (W)937-8843 Leslie Wemerde Soliz 4813 Holmes Dr. (H)992-7585 (W) 992-4407 Attorney, Private Practice. B.A. in Political Science, Texas A & I University; J.D., University of Houston. Former Assistant to Attorney General of Texas in Child Support Division. (Qualifies - Attorney) (01/05/00) Construction Manager for M.C.C. Construction Corporation, B.S. fi.om Texas A&M University at Corpus Christi. (3-06-98) Attorney, Self-employed. Holds a J.D., M.B.A. and B.S. Member of State Bar Association, Nueces County Bar, Coastal Bend Women Lawyers Association. Former Assistant City Attorney, City of Victoria. (Qualifies - Attorney) (01-04-00) 0111.00, page 2 32 COMMISSION ON CI-III,DREN & YOUTH - Two vacancies with terms to 5-01-00 in the following categories: 1 - Youth Services, 1 - Health Services. (NOTE: Since terms are to 5-01-00, it is recommended that new appointees be automatically reappointed to a three-year term to 5-01-03.) COMPOSITION The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business,Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appoinmaent. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS TERM Mary Jackson (Social Services) 5-01-02 Paige Dinn (At Large) 5-01-00 Grace S. Rank (Religion) Chairman 5-01-01 Paula Rosenstein (At Large) 5-01-01 * Monica Stender (Health) 5-01-00 Jeff Jung (Business) 5-01-02 ** Dr. Maria L. Garza (Youth Services) 5-01-00 Veronica Trevino (Education) 5-01-01 Verna Portis (At Large) 5-01-02 Joseph Alley (Law Enforcement) 5-01-02 Carl E. Lewis (Legal) 5-01-00 Armro Rodriguez, II(Youth Rep.) 5-01-01 Missy Medary (District Attorney's Office) 5-01-00 Rebecca Stutts (Sheriff's Office) 5-01-01 David Torres (Police Officer) Advisory Dr. Philip Rhoades Advisory Senja A. West Advisory Rudy Sosa Advisory Talma Benavides Advisory 10-14-97 8-16-94 8-16-94 12-10-96 8-16-94 8-16-94 8-16-94 8-16-94 4-27-99 10-10-95 8-16-94 5-13-97 4-27-99 4-27-99 12-06-95 8-16-94 8-16-94 8-16-94 12-10-96 * Resigned. ** Has exceeded number of absences allowed by ordinance. O111.00, page 3 33 INDIVIDUALS EXPRESSING INTEREST Rosa Balderas 2810 Tumbleweed (H) 241-8325 (W) 855-3133 Owner, Professional Counseling &Soc. ial Work Services. B.S. in Social Work, Texas Women's University; M.S. in Counseling, Texas A & M - CC; MSW in Clinical Social Work, Our Lady of the Lake University. Leadership Corpus Christi alumnae, Class of 1983. Member of Coastal Bend Association of Marriage and Family Therapists, and Hispanic Women's Network. (01-04-00) TerriCemer 2201Meadowcreek (H) 994-9910 (W)289-0889 Assisted Living Director, Heartland of Corpus Christi. M.A. in Adult Education, Incarnate Word College. B.A. in Communi- cations/Sociology, Stephen F. Austin University. Serves as a Court Appointed Special Advocate (C.A.S.A.) for abused children. Honors include: 1991 Business & Professional Women's Young Careerist of the Year; 1990 - received Governor's Perm Serve Award for Community Service. (11-04-99) Almira Flores 1022 Campbell (H) 854-6296 (W) 854-1454, ext. 134 Radiology Technologist. Graduated from Spohn School of Radio- logic Technology. Volunteer activities include: Mentor at South Park Middle School, Chair of Hispanic Women's Network, member of Art Institute of South Texas. (01-05-00) Shelley Hin~osa 4505 Cobblestone (H) 814-3613 (W) 855-1021 CEO/President, Shelley & Associates. Master's degree in Psychology, B.A. in Counseling. Pursuing Doctorate degree in Higher Education in Adult Learning, Nova University. Board member of Hispanic Chamber of Commerce. 1998 Corpus Christi Hispanic Chamber of Commerce Business Woman of the Year. (5-12-99) Gall Hoffman 3442 Paradise Dr. (H)937-4215 (W)289-0996 Executive Director, Associated General Contractors. B.A. in Government, U.T. Austin. Graduate of Leadership Corpus Christi, Class XV. Volunteer experience includes the following: former Flour Bluff Intermediate & High School P.T.A. President, established C.A.S.A. Board of Directors, Junior League member for nine years, Board Member and V-P of Development for Ronald McDonald House. (10/13/99) GlofiaJackson 506 Ronson (H)993-5443 (W)882-1741 President/CEO for YMCA of Corpus Christi. A.A. in Liberal Arts, B.S. in Physical Education, YMCA Association of Professional Directors, National Association of YMCA Development Organization, YMCA Planning Committee in Mid-America and East Fields on Hispanic Conferences (Professional Conferences for YMCA Directors) (8-21-97) 0111.00, page 4 34 G. Douglas Johnson 610 Brock (FI) 985-7404 (W) 855-0142 or 7744141 Rev. Leroy Round,ce 4037 Rooney Dr. (I-I)852-5841 (W')757-424-6411 Gloria Simmons 2111 Peabody (H)881-8473 (W)883-1622 Rev. Mark Stewart 4021Montego (H) 853-6117 (W) 852-3292 Amanda Stukenberg 3502Aransas (H)853-7278 (W)855-9107 Elibeno Villarreai III 1313 EastHaven (H)992-3069 (W)993-8984 Guy Watts 4237OceanDr. (H) 854-1910 (W) 884-1400 Customer Sales Manager/HR Director, Peerless Cleaners. B.B.A., Texas A & M - Corpus Christi. Graduate of Leadership Corpus Christi, Class XXVII. Voluteers with~ahe following programs: Dress for Success, Operation Paint Brush, Businesses in Schools, Toys for Tots. (5-29-99) Asst. Pastor, St. John's First Baptist Church. Retired from 20 of years of naval service in Sept. 1999. Area of expertise: analysis and technology. (1-06-00) Manager, North Side Manor Apartments. Volunteers with Weed & Seed Program and Toys for Tots Program. Strong interest in children and youth issues. (1-06-00) Pastor, Rising Star Baptist Church. Member of the Adelante Juntos Advisory Committee. (1-07-00) Director of Planned Parenthood. B.A. fi.om Princeton University, Member League of Women Voters, Communities in School, Texas Youth Commission Advisory Council, Coastal Bend Alliance for Youth, TDH Region 11 Family Planning Council. (7-21-97) Computer Sales for Office Max. King High School Graduate, 2 1/2 years service in army, Currently attending Texas A&M University at Corpus Christi, Mentor- teen leadership, Member of Cathedral Choir, Member-Mayors Task Force for Youth Violence, Attended Latino Academy for Youth Leadership Training Seminar, Vice President for T.A.C.H.E (Tx. Assoc. for Chicanos in Higher Education) (5-13-97) Attomey-at-Law, Self-employed. B.A. in Government and J.D., U.T. Austin. Volunteer activities include: Youth Sports Network President, Spokesperson for Youth Sector, Commission on Children & Youth, Debate Judge: Coastal Bend tournaments, Coach and VP of C.C. Little Dribblers. (01-05-00) 0111.00, page 5 35 ELECTRICAL ADVISORY BOARD - Three vacancies with two-year terms to 12-31- 01 in the following categories: 1 - Commercial Builder, 1 - Master Electrician, 1 - Engineer. COMPOSITION 9 persons appointed by the City Council: 2 persons with at least 5 years active experience as a master electrician; 1 person with at least 5 years active experience as a journeyman electrician; 2 engineers: ! shall be a registered professional engineer in the State of Texas, and the other shall have a Bachelor Degree in Electrical Engineering and a m/nimum of 5 years experience in electrical engineering; 1 person with 5 years experience in the commercial building industry; one person with 5 years experience in the home building industry; and 2 members, residents of Corpus Christi, not connected with the electrical industry. Five members of the Board constitute a quorum, and concurring vote of not less than 5 members is necessary to constitute an official action of the Board. MEMBERS TERM ORIGINAL APPTD. DATE Robert Shake (Citizen at Large) Willie Flemmings (Citizen at Large) Miguel Carranco (Journeyman Elec) John Bartram (Master Elec) James Goldston (Reg. Engineer) Ralph Skinner (Commercial Builder) J.L. Canales (Home Builder) Joe Hemandez (Electrical Eng) Kyle Budd (Master Elec) 12-31-00 1-12-99 12-31-00 7-8-97 12-31-00 1-12-99 12-31-00 1-12-99 12-31-99 2-17-98 12-31-99 6-14-94 12-31-00 6-13-95 12-31-00 10-14-97 12-31-99 2-17-98 * Resigned. ** Seeking reappointment. ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT L A T_LA_S_!__T._E. RM YEAR_ Ralph Skinner (Comm. BI&.) Kyle Budd (Master Elec.) 10 8 80% 10 9 90% 0111.00, p. 6 36 OTHER INDIVIDUALS EXPRESSING INTEREST Frank Brogan 15054 Tesoro Dr. (H)949-2059 (W) 885-6133 Director of Engineering, Port of Corpu:s Christi. B.S. in Civil Engineering, U.T. Austin; Master of Engineering, Texas A & I University - Kingsville. Past President of Kiwanis Club, Presi- dent of American Society of Engineers. Extensive technical and management experience. (Registered Engineer) (12-21-99) Orlando C. Longoria 7105 Trappers Lake (H) 808-9441 (W) 884-6326 Journeyman Electrician, Scott Electric. Graduate of Miller High School; attended Del Mar College; graduate of Electrical Appren- tiship Program. (Journeyman Electrician) (12-21-99) Gordon Dean Self 3213Meadowridge (H)937-1827 (W)939-9501 Vice President, Industrial Electric Co., Inc. Member of Associated Contractors, Associated General Contractors and a Deacon for Lakeview Church of Christ. (Master Electrician) (6-06-97) Florentino Vasquez 6341Fitzhugh (H) 985-0422 Vice-President/Estimator, Scott Electric Company. Graduate of Moody High School. Member of International Brotherhood of Electrical Workers. (Master Electrician) (12-07-99) 0111.00, p. 7 37 SENIOR COMPANION PROGRAM ADVISORY COMMITTEE - Six vacancies with two-year terms to 12-31-01 in the following categories: 2 - Senior Companion Volunteers and four from the following categories when avai!able - business and labor leaders, representatives from volunteer stations, private and public agencies, individuals specializing in the aging field, and individuals specializing in the field of volunteerism. COMPOSITION 11 members appointed by the City Council for two-year terms to provide advice and support the SCP project coordinator in the formulation of local policy and the planning and development of operational procedures and practices consistent with program policies. The composition of the Advisory Committee shall include at least three Senior Companion volunteers; when available community business and labor leaders; representatives from volunteer stations; representatives from private and public agencies; individuals specializing in the aging field, and individuals specializSng in the field of volunteerism. The Superintendent of Senior Community Services and the Senior Companion Program Coordinator shall serve as non-voting members. MEMBERS TERM ApPTD. DATE ** Hope Franklin (Private Agency) * Terri Center (Private Agency) ** Valerie Houston (Public Agency) ** Pete Oliver (Sr. Comp. Volunteer) *** Teresa Cisneros (Sr. Comp. Volunteer) Marie Partington (Sr. Comp. Volunteer) Patricia Shufelt (Public Agency) Julia Whitehurst (Private Agency) ** Mafia Dominguez (Private Agency) Sandy Cantu (Private Agency) Gilbert Salinas (Private Agency) Elsa Munoz, SCSP Superintendent VACANT, SCP Coordinator 12-31-99 1-12-99 12-31-99 8-12-97 12-31-99 7-27-99 12-31-99 12-12-95 12-31-99 9-14-93 12-31-00 10-12-93 12-31-00 8- I 1-98 12-31-00 1-12-99 12-31-99 8-11-98 12-31-00 1-12-99 12-31-00 8-11-98 Ex-officio Ex-officio * Not seeking reappointment. ** Seeking reappoinlment. *** Has met six-year service limitation and is not eligible for reappointment. NOTE: The Senior Companion Program Advisory Committee is recommending the appointments of Iris Williams (Private Agency) and Apolonia Cantu (Senior Companion Volunteer). 0111.00, p. 8 38 ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Hope Franklin 9 8 89% Maria Dominguez 9 7 78% Valerie Houston 2 2 100% Pete Oliver 9 9 100% OTHER INDIVIDUALS EXPRESSING INTEREST Apolonia Cantu 562 Balboa (H) 888-7046 Retired housekeeper. Senior Companion Volunteer for five years. Member of the Parkdale Baptist Church Adult Choir. Joined the Senior Companion Program to help others in need. (Senior Companion Volunteer) (1-06-00) Robin Ford 2017-A Woodcrest (H) 937-2302 (W) 853-9355 Patient Liaison, New Horizons Community Mental Health Center. Associate's degree in Mental Health. Strong networking skills, primarily with senior citizen care agencies. (Private Agency) (1-05-00) Deidra Graves 15426 Fortuna Bay #106 (H) 949-0306 (W) 825-5855 Director of Student Activities, Texas A & M - CC. B.S. in Human Sciences, M.Ed. in Student Affairs Administration. Education and Professional Development Coordinator for for National Association for Campus Activities. Research interest - service learning and community service among college students. (Volunteerism) (1-04-00) Sara Heselmeyer 3910 Petty Dr. (H) 883-8706 (W) 853-9901 Community Educator, Girling Home Health. B.A., 12 hours towards Master's degree in Counseling. Member of Mayor's Council on Senior Citizen Affairs, Bay Area Female Executive Association. (Private Agency) (1-05-00) Josie Lozano 2626 Cleo St. (H) 888-8606 (W) 884-9483 Owner/Agent, Lozano Insurance Agency. Holds a Texas Recorders License (Personal & Casualty Insurance). Member of Hispanic Women's Network, Golden Ladies Auxiliary at Bayview Hospital and the Ms. Coastal Bend Senior Pageant Board. Named 1999 Westside Business Association Outstanding Business and Community Leader. (Private Agency)(l l-19-99) Macy Lyons 4542 Ramona (H) 854-0343 Retired housekeeper. Senior Companion volunteer for five years. Active volunteer with Calvary First Baptist Church. (Senior Companion volunteer) (1-06-00) 0111.00, p. 9 39 George Perez 5709Kimbrough (H) 985-0739 Rev. Leroy Round~ee 4037 Rooney Dr. (H)§52-5841 (W) 757-424-6411 Iris Williams 3733 Locke Lane (H) 852-5842 (W)289-0889 Retired painter. Senior Companion Volunteer for two years. Volunteer and member of Christ the King Church - assists disabled deacon on Sundays and Mondays. (Senior Companion volunteer) (1-06-00) Asst. Pastor, St. John's First Baptist Church. Retired from 20 years of naval service in Sept. 1999. Area of expertise: analysis and technology. (1-06~00) Director of Rehabilitation, Heartland of Corpus Christi. B.S. La Physical Therapy. Previous member of Senior Companion Program Advisory Committee. (1-06-00) 0111.00, p. 10 4O e. SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE - Eight vacancies with two-year terms to 12-26-01; at least one shall be an Agency Represemative. COMPOSITION 16 members appointed by the Council, 3 of whom shall represent agencies with direct services to sen/or citizens. The remainder shall reflect a proportionate representation of the ethnic distribution of the elderly population. The committee selects its own chairman, vice-ehman and secretary. (Five representatives from the Sen/or Citizen Centers shall be appointed by the site councils) ORIGINAL MEMBERS TERM APPTD. DATE Esther Oliver, Chairman William Kirshner Viola Van Houten ~- .*.._K. O. Coley_~_~.-' Ei~i~G~son Cox Gloria Fafias (Agency Rep) ** x..? Flapper Bradle~/(Ag~.e. njty Rep), Chairperson ** Marj°rie L. Hays, vi~e-chairperson Gay Nell Harper (Agency Rep) * Carmen Arias Celia Molina (Site Council - Zavala Ctr) Patsy Matejek (Site Council - N.W.Sr. Center) Rosa Trujillo (Site Council - Broadmoor Ctr) Juan Pena (Site Council - Greenwood Ctr) Tommy LaRue (Site Council - Williams) Elsa Ciminelli (Site Council - Lindale) Ray Forrest (Site Council - Eyerly) 12-26-00 12-26-00 12-26-00 12-26-00 12-26-99 12-26-00 12-26-00 12-26-99 12-26-99 12-26-99 12-26-99 12-26-00 12-26-99 12-26-99 12-26-00 12-26-99 Ex-officio Ex-officio Ex-officio Ex-officio Ex-officio Ex-officio Ex-officio 3-02-93 5-11-99 6-08-99 5-11-99 6-08-99 12-12-95 6-20-95 5-25-93 3-10-98 2-08-94 3-10-98 3 -02-93 3-10-98 1-14-92 4-28-98 7-12-94 * Seeking reappointment. ** Has met the six year limitation and is not eligible for reappointment. Olll.O0, p. I1 41 ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR K. G. Coley 3 3 100% Anna Gonzales 9 8 89% Annie L. Poldrack 9 9 100% Alan Bligh 9 9 100% Flapper Bradley (Agency Rep.) 9 6 67% Carmen Arias 9 7 78% OTHER INDIVIDUALS EXPRESSING INTEREST Robin Ford 2017-A Woodcrest (H) 937-2302 (W) 853-9355 Patient Liaison, New Horizons Community Mental Health Center. Associate's degree in Mental Health. Strong networking, primarily with senior citizen care agencies. (1-05-00) Guadalupe Gomez 5826 Llano (W) 854-2228 President, Laredo National Bank. BBA in Finance. Member of Selena Member of Selena Foundation, Hispanic Chamber of Commerce, West- side Business Association, Gulf Coast Council of La Raza. (12-08-99) Sam Heselmeyer 3910 Petty Dr. (H) 883-8706 (W) 853-9901 Community Educator, Gifting Home Health. B.A., 12 hours towards Master's degree in Counseling. Member of Mayor's Council on Senior Citizen Affairs, Bay Area Female Executive Association. (1-05-00) Batyah Joseph P. O. Box 7622 (W) 878-3546 Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice-President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05-00) Josie Lozano 2626 Cleo St. (H) 888-8606 (W) 884-9483 Owner/Agent, Lozano Insurance Agency. Holds a Texas Recorders License (Personal & Casualty Insurance). Member of Hispanic Women's Network, Golden Ladies Auxiliary at Bayview Hospital and the Ms. Coastal Bend Senior Pageant Board. Named 1999 Westside Business Association Outstanding Business and Community Leader. (11-19-99) 0111.00, p. 12 42 TRANSPORTATION ADVISORY COMMITTEE - Three vacancies with three-year terms to 4-30-01, 4-30-02 and 4-30-00. (NOTE: Since one term is to 4-30-00, it is recommended that the new appointee be automatically appointed to a three-year term to 4-30-030 COMPOSITION 9 members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects its own Chairman and Vice- Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Coancil Chambers. MEMBERS TERM ORIGINAL APPTD. DATE Anthony Alejandro, Chair * Shelley Knmmow Stuart Sher, Vice-Chair * Harold Palmer Israel Ybarra Orlando Noyola Clif Moss *-*-l~ayMim~ - Michael McCain (NAS Security Officer) 4-30-01 4-28-98 4-30-01 6-08-99 4-30-02 2-17-98 4-30-02 1-26-99 4-30-01 9-10-96 4-30-00 5-27-97 4-30-00 1-23-96 4-30-00 1-23-96 4-30-02 5-27-97 * Has exceeded the number of absences allowed by ordinance. ** Resigned. INDMDUALS EXPRESSING INTEREST Don Davenport 1037 Pyramid (H) 991-3767 (W) 878-1457 Director of Transportation, CCISD. Holds B.S., M.A. and a graduate of U.S. Army Command and General Staff College. Member of Texas Association for Pupil Transportation. (0~-06-00) Robbie Foster 5702 St. Andrews (H) 992-3835 (W) 992-6615 Self-employed investor. B.A. McMumy University; M.A. and Ph.D., University of Iowa. Has backgrotmd in scientific engine- ering and business. (7-23-99) Joe Ortiz 3718Mendenhail (H) 855-1925 (W')852-8874 Self-employed, Superior Designers. Attended Del Mar College. Member of LULAC, American GI Forum, Mexican American Democrats, Tejano Democrats, Builders Association, NAACP and American Building Institute. (6/24/97) 0111.00, p. 13 43 Mike Patterson 14428 Compass #208 (H) 949-7755 (W) 878-2395 Administrative Officer for Transportation Operations, CCISD. B.S. in Criminal Justice and MBA. Member of Mayor's Council for People with Disabilities, Texas Association for Pupil Trans- portation. (1-06-00) 0111.00, p. 14 44 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-1 for food ~ which include canned and ~ozen fruit and vegetables, meats and condiments for an estimated six month ~.,~pendimre of $92,208.91 based on the recommended award submitted by the Coastal Bend Council of Government. The terms of the contracts shall be for six months with an option to extend for up to three additional maths, subject to the approval of the Coastal Bend Council of Governmems, the suppliers, and the City ~er or his designee. Funds have been budgeted by Senior Community Set-vices in FY99-2000. Sysco Food Seawice San Antonio, TX 90 Items $49,021.54 LaBatt Food Service Corpus Christi, TX 102 Items $24,829.42 Ben E. Keith San Antonio, Tx 66 Items $10,020.92 Sam Hausman Meats Corpus Christi, TX 2 Items $7,628.01 Lance, Inc. Charlotte, NC 1 Item $709.02 Grand Total - $92,208.91 BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nmrition Program. The items are combined under a cooperative bid issued by the Coastal BendCouncilofGovemmems(CBCOG). Participating membersare comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action Corporation of South Texas, Duval County, Bee Community Action Agency, Kleberg County Human Se~ices, Nueces County Senior Community Services and San Patricio Community Action Agency. The recommended awards are based on the evaluation and recommendation of participating members of the Coastal Bend Council of Governments. The department concurs with this recommendation. Funding: Senior Community Services Acting Director, Materials Management ENP 520070-1050-810799 ENP-USDA 520070-1050-810899 MOW 520070-1050-810499 MOW-USDA 520070-1050-810599 Total: 45 $34,117 45,182 6,455 6,455 $92,209 Coastal Bend Council of Governments - Staples, Meats & Other Food Goods Senior Community Services CBCOG-00-1 Sysco Food Service San Antonio~ Texas Canned Fruit, Canned Vegetables, Dried Vegatables, Condiments, Dressing, Juices, Oil & Shortening, Relishes, Soups and Bases, Spices, Starches and Pasta, Sugar & Products Miscelaneous Products, Beef, Fish, Poultry, Prepared Products, Frozen Vegatables, Frozen Fruit & Dessert and Dairy Products LaBatt Food Service Corpus Christi~ Texas Canned Fruit, Canned Vegetables, Dried Vegatables, Canned Meat, Condiments, Dressing, Relishes, Soups and Bases, Spices, Starches and Pasta, Sugar & Products Miscelaneous Products, Beef, Pork, Poultry, Prepared Products, Frozen Vegatables, Frozen Fruit & Dessert and Dairy Products Ben E. Keith San Antonio~ Texas Canned Fruit, Canned Vegetables, Dded Vegatables, Canned Meat, Dried Fruit Condiments, Dressing, Juices, Oil & Shorteninc. Relishes, Soups and Bases, Spices, Starches and Pasta, Sugar & Products Miscelaneous Products, Beef, Fish, Prepared Products, Frozen Vegatables and Frozen Fruit & Dessert Lance Inc. Charlotte~ NC Crackers, Whole Wheat Sam Hausman Meats Corpus Christi~ Texas Beef & Pork 10,020.92 709.02 7,628.01 Grand Total $92,208.91 46 COASTAL BEND COUNCIL OF GOVERNMENTS -STAPLES, MEAT 6 OTHER FROZEN FO BID TAB FORM Sysco Food Service San Antonio Texas APPLES SLICED 30 cs 16.61 503.28 LaB jod Service Co us Christi Texas 18.21 551.76 Ben E Keith San Antonio Texas 16.92 512.68 APPLESAUCE 12 cs 12.81 155.26 13.33 161.56 11.94 144.71 APRICOT HALVES 61 cs 27.83 11686.50 21.69 1.314.41 25.74 1,559.84 CHERRIES MARASCHINO 3 cs 45.33 137.35 38.74 117.38 39.96 121.08 FRUIT COCKTAIL 15 cs 22.77 344.97 23.581 357.24 28.62 433.59 FRUIT FOR SALADS 14 cs 1 27.64 376.87 25.56 348.51 32.34 440.95 MANDARIN ORANGES 9 cs 24.13 219.34 20.26 184.16 44.04 400.32 PEACH SLICES 76 cs 20.53 1555.15 20.74 11571.06 25.56 1,936.17 PEARS DICED 8 cs 21.46 130.05 20.74 125.68 18.12 109.81 PEARS SLICED 14 cs 21.44 292.33 20.74 282.79 26.16 356.69 P EAPPLE CHUNKS 30 cs 23.91 724.47 19.92 603.58 19.44 589.03 PINEAPPLE CRUSHED 23 cs 20.34 462.23 19.12 434.50 23.16 526.31 PINEAPPLE TIDBITS 3 a 23.13 70.08 20.87 63.24 25.38 76.90 PRUNES PITTED 11 cs 38.86 412.11 31.41 - 333.10 37.74 400.23 PURPLE PLUMS 27 cs 24.37 664.57 19.70 537.22 24.90 679.02 RAISINS SEEDLESS BULK 2 cs 41.75 63.25 37.52 56.84 34.80 52.72 BEANS BAKED VEGET 12 cs 13.84 167.74 22.11 267.97 17.94 217.43 BEANS GREEN 61 cs 12.69 769.01 11.60 702.98 12.36 749.02 BEANS GREEN FRENCH 3 cs 15.51 47.00 17.34 BEANS PINTO 106 cs 12.55 1,330.93 12.68 1,344.71 12.18 111251 BEANS RANCH 30 cs 14.04 425.41 17.88 541.76 13.92 Sysco Food ServiceI LaBatt Food Service I Ben E Keith San Antonio, Texas Corpus Christi, Texas San Antonio, Texas BEANS KIDNEY 3 cs 14.48 43.87 14.01 42.45 14.22 43.09 BEANS, REFRIED 20 cs 15.96 314.33 15.50 305.27 15.36 302.52 BEANS WAX CUT 3 cs 18.81 56.99 17.45 52.87 19.86 60.18 CARROTS DICED 5 cs 12.62 57.36 12.84 58.36 12.84 58.36 CARROTS SLICED 2 cs 12.82 19.42 14.97 22.68 12.42 18.82 CORN WHOLE KERNEL 6 cs 13.78 83.51 15.51 93.99 17.88 108.35 CRANBERRIES WHOLE 2 cs 30.11 54.74 39.13 71.14 35.22 64.03 JALAPENO PEPRS SLIC 1 cs 16.73 16.73 0.00 15.42 15.42 MIXED VEGETABLES 1 cs 15.78 15.78 14.75 14.75 15.00 15.00 MUSHROOMS, SLICED 3 cs 27.31 82.75 48.75 147.71 39.60 119.99 PEAS ENGLISH 1 cs 15.43 15.43 16.92 16.92 17.70 17.70 PIMENTOS DICED 5 cs 24.29 110.40 22.10 100.44 35.28 160.35 POTATOES DICED 23 cs 12.24 278.15 11.98 272.25 12.00 272.70 POTATOES NEW WHOLE 30 cs 17.03 516.01 18.53 561.46 14.76 447.23 POTATOES NEW SLICEE 1 cs 12.15 12.15 12.53 12.53 12.00 12.00 POTATOES SWEET 27 Cs 14.58 397.60 15.80 430.87 19.02 518.68 SPAGHETTI SAUCE 44 cs 18.67 820.27 21.59 948.56 17.76 780.29 TOMATOES CRUSHED 1 cs 17.56 17.56 16.57 16.57 14.94 14.94 TOMATOES DICED 6 cs 16.52 100.11 16.03 97.14 14.34 86.90 TOMATO, PASTE 2 cs 24.59 37.25 24.01 36.38 21.72 82.91 TOMATO PUREE 2 cs 15.00 22.73 16.19 24.53 14.46 21.91 TOMATO SAUCE 2 cs 13.63 20.65 14.43 21.86 13.92 21.09 TOMATOES WHOLE 91 cs 12.50 1136.25 12.82 1,165.34 13.14 1194.43 ONION FLAKES 6 buc 26.62 161.32 34.26 207.62 35.28 213.80 PEPPERS GREEN DEHY 3 cs 58.13 176.13 16.35 49.54 33.25 100.75 PINTO BEANS 2 sk 7.52 11.391 6.47 9.80 7.35 11.14 POTATO PEARLS -Excel CHICKEN BONED 18 cs 31.85 579.03 479.35 32.68 81.141 594.12 491.71 34.44 37.32 626.12 228.16 6 cs t 79.10 Sysco Food Service San Antonio, Texas LaBaft Food Service Corpus Christi, Tea Ben E Keith San Antonio, Texas CHILI NO BEANS 2 cs 46.66 70.69 42.93 65.04 44.46 67.36 SALMON PINK 5 cs 53.16 241.61 53.64 243.79 51.36 233.43 TUNA WATER PACK 9 cs 31.49 286.24 29.95 272.25 28.88 244.34 BBQ SAUCE 2 cs 10.98 16.63 11.39 17.26 12.48 18.91 BBQ SAUCE IND. 1 cs 7.90 7.90 9.95 9.95 8.30 8.30 CATSUP 2 cs 15.311 23.19 15.91 24.10 1 15.00 22.73 CATSUP INDIVIDUAL 3 cs 17.39 52.69 6.19 - 16.76 7.34 22.24 HOT SAUCE PICANTE IND 8 cs 8.78 66.51 6.74 51.08 7.00 53.03 MUSTARD PREPARED 2 cs 6.84 10.36 8.24 12.48 6.80 10.30 MUSTARD INDIVIDUAL 3 cs 6.34 19.21 3.90 11.82 4.25 12.88 SOY SAUCE LOW SODIUM 2 cs 25.28 38.30 7.00 10.61 22.16 33.57 TIftIYAKI SAUCE 2 cs 29.01 43.95 31.39 47.58 25.66 - 38.91 VINEGAR 5 cs 8.02 36.45 7.26 33.00 7.68 34.91 WORCESTERSHIRE SAUCE 2 cs 10.32 15.63 10.01 15.17 9.84 14.91 FRENCH INDIVIDUAL 21 ca 22.23 471.50 4.64 96.41 4.90 103.93 ITALIAN INDIVIDUAL 18 cs 19.84 360.69 4.83 87.81 5.00 90.90 ITALIAN LOW CALORIE 8 cs 17.51 132.64 15.77 119.46 18.22 138.02 RANCH IND. FAT FREE 18 cs 12.63 229.61 8.48 154.17 12.71 231.07 MAYONNAISE LOW CALORIE15 cs 18.73 283.76 12.85 196.19 15.82 239.67 MAYONNAISE INDIVIDUAL 3 cs 25.01 75.78 5.38 16.30 5.42 16.42 SALAD DRESSING 2 cs 12.01 16.20 14.72 22.30 12.96 19.63 SALAD DRESSING IND. 3 cs 14.22 43.09 4.10 12.42 3.90 11.62 TARTAR SAUCE IND. 8 cs 24.06 1 182.25 3.84 27.57 5.521 41.81 THOUSAND ISLAND IND. FF 1 3 1 cs 9.24 28.00 6.83 20.69 7.00 21.21 LEMON JUICE 1 cs 14.46 14.48 26.65 26.65 14.88 14.88 ORANGE JUICE 1 ca 14.70 14.70 14.89 14.89 19.06 19.08 TOMATO JUICE 3 -- 1 11.12 33.69 13.26 40.18 1 .04 33.45 Sysco Food Service I LaBaB Food Service I Ben E Keith Texas OIL COOKING 5 cs 21.79 99.04 24.55 111.58 32.04 145.62 OIL OLIVE 1 gal 8.41 5.10 8.19 4.96 8.09 4.90 SHORTENING CANNED 3 cs 34.19 103.60 25.15 76.20 16.50 50.00 PICKLE RELISH SWEET 3 as 16.05 12.16 116.631 47.38 15.641 47.39 PICKLES SWEET I 1 cs 33.07 33.07 34.61 34.61 51.08 51.08 PICKLE SLICED DILL 3 cs 12.34 9.35 13.26 40.18 11.48 34.78 PICKLES WHOLE DILL 1 cs 14.71 3.68 14.45 14.45 16.88 16.88 cs 24.44 74.05 34.93 105.84 28.98 87.81 CHICKEN BASE LOW SODIUIJ 3 BEEF BASE LOW SODIUM 15 cs 24.44 370.27 58.081 879.91 28.96 439.05 CREAM OF MUSHROOM SOU 15 cs 28.53 36.02 23.98 383.30 27.00 409.05 TOMATO SOUP 3 cs 22.05 5.57 23.40 70.90 20.04 60.72 BASIL SWEET 1 d 19.36 3.23 2.06 2.96 3.40 3.40 CHILI POWDER 2 cs 30.68 9.30 4.00 7.27 29.10 52.90 CINNAMON GROUND 2 d 17.32 31.49 3.14 5.71 25.56 46.47 CLOVES GROUND 1 c1 70.391 11.73 10.74 10.74 66.78 66.78 COMING GROUND 2 d 18.43 33.51 5.89 10.71 19.32 35.12 CREAM OF TARTAR 1 cl 55.67 9.28 9.41 9.41 62.80 62.80 GARLIC POWDER 5 d 32.35 26.14 5.73 27.78 27.90 135.28 GINGER GROUND 1 d 50.91 8.49 6.83 8.83 50.52 50.52 LEMON PEPPER 1 ct 37.48 6.25 5.95. 5.95 6.86 5.86 MEAT TENDERIZER 1 d 25.61 4.27 3.30 3.30 3.14 3.14 MRS. DASH 1 d 58.12 58.12 10.44 10.44 58.32 58.32 MUSTARD GROUND 1 d 43.40 3.62 2.53 2.63 3.27 3.27 NUTMEG GROUND 1 ct 53.94 8.99 8.64 8.64 8.14 8.14 OREGANO GROUND 1 G 37.73 37.73 4.e8l 4.68 26.161 26.16 PAPRIKA 2 d d 18.23 21.34 5.52 7.11 1 31 6.291 6.40 6.291 18.061 20.70 32.83 20.70 PARSLEY FLAKES 1 Sysco Food Service )att Food Service I Ben E Keith San Antonio, Texas GELATIN ASSORTED CITRI. 9 cs 14.21 129.17 Corpus Christi, Texas San Antonio, Texas I 12.62 - :- 114.72 i 12.96 117.81 GELATIN ASSORTED RED 8 cs 14.21 107.64 12.62 95.60 12.96 98.17 GELATIN LIME 2 cs 14.63 22.16 12.34 18.70 12.42 18.82 GELATIN ORANGE 2 cs 13.68 20.73 12.34 18.70 12.42 18.82 GELATIN SUGAR FREE REE 1 cs 46.18 46.18 46.51 46.51 35.48 W 35.46 ICING MIX CHOCOLATE 2 cs 30.77 46.62 44.20 66.96 29.10 44.09 ICING MIX VANILLA 1 cs 30.56 30.56 41.11 41.11 29.10 29.10 HONEY PURE 1 cs 40.22 40.22 41.16 41.16 38.04 38.04 PUDDING BANANA 2 cs 18.98 28.75 17.86 27.06 19.98 30.27 PUDDING CHOCOLATE LITE2 cs 19.88 30.12 37.13 56.25 19.98 30.27 PUDDING LEMON 9 cs 19.02 172.89 17.461 158.71 19.98 181.62 PUDDING TAPIOCA 6 cs 21.21 128.53 17.48 105.81 20.88 126.53 PUDDING VANILLA 14 cs 19.00 259.07 17.46 238.07 19.98 272.43 PUDDING VANILLA LIGHT 12 cs 19.87 240.82 37.13 450.02 SUGAR BROWN LIGHT 8 cs 14.10 106.81 13.75 104.16 13.74 104.08 SUGAR GRANULATED 9 sk 17.96 163.26 17.93 162.98 18.13 164.80 SUGAR POWDERED 2 cs 10.12 15.33 9.89 14.98 10.25 15.53 SYRUP CORN 1 cs 20.80 20.80 12.67 12.67 12.56 12.56 MOLASSES 2 cs 24.55 37.19 27.79 42.10 38.16 57.81 SYRUP MAPLE 1 cs 11.06 11.06 11.14 11.14 11.42 11.42 Sysco Food Service ILaBatt Food Service San Antonio, Texas Corpus Christi, Texas Ben E Keith Lance, Inc. San Antonio, Texas IChadotte, NC PEPPER, BLACK GROUND 5 ct 24.31 117.85 5.28 25.60 24.24 117.52 PEPPER BLACK INDIVIDUAL 12 cs 9.12 110.53 9.05 109.69 8.67 105.08 PEPPER CAYENNE 1 ct 26.41 26.41 4.6 4.60 4.36 4.36 POULTRY SEASONING 1 ct 39.9 39.90 4.47 4.47 37.8 37.80 SAGE 1 ct 35.01 35.01 4.69 4.69 5.54 5.54 SALT COOKING 5 sk 1 2.31 10.45 2.57 11.68 2.351 10.68 SALT INDIVIDUAL 9 cs 1 4.3 39.09 3.21 29.18 5.76 52.36 SALT TABLE 2 cs 6.05 9.17 7.2 10.91 6.72 10.16 THYME 1 ct 37.55 37.55 3.55 3.55 6.07 6.07 BAKING POWDER 3 ct 23.81 72.14 25.49 77.23 25.2 76.36 BAKING SODA 1 cs 12.57 7.62 12.76 7.73 11.521 6.98 BREAD CRUMBS 1 cs 1 12.71 12.71 21.39 21.39 13.5 13.50 BROWNIE MIX 1 cs 38.59 36.59 38.08 38.08 30.84 30.84 CAKE MIX 2 cs 19.87 30.10 20.91 31.68 28.26 42.81 CORNBREAD STUFFING 3 cs 40.73 123.41 41.52 125.81 42.36 126.35 CORNMEAL 8 sk 5.09 38.56 5.08 38.48 4.98 37.72 CORNSTARCH 2 cs 11.38 17.24 10.52 15.94 111.281 17.09 CRACKER CRUMBS 1 as 11.04 11.04 9.81 9.80 CRACKERS SALTINES 36 cs 8.37 304.33 8.64 314.15 8.5 309.06 9.14 332.3304 CRACKERS WHOLE WHEAT 61 Cs 12.86 779.32 15.75 954.45 12.39 750.83 11.7, 709.02 FLOUR ALL PURPOSE 15 sk 2.91 44.09 7.51 113.78 3.06 46.36 FLOUR CAKE 1 cs 9.58 9.58 9.5 9.50 8.09 8.09 FLOUR WHEAT 1 cs 9.23 9.23 7.91 7.91 4.37 4.37 GINGERBREAD MIX 3 cs 31.67 95.96 31. 95.54 41.4 125.44 GRAVY MIX CREAM 2 cs 10.89 16.50 11.15 16.89 11.61 17.59 OATMEAL 2 cs 21.51 32.59 27.05 40.98 27 40.91 RICE UNCLE BEN'S 30 sk 13.28 402.38 13.15 398.45 15.5 469.65 MACARONI ELBOW 3 cs 9.941 30.12 7.76 23.51 9.78 29.63 NOODLES, EGG MEDIUM 30 cs 6.58 199.37 1 5.851 177.26 6.52 197.56 RotinUS Iral P' VERMICELI SPAGHETTI LONG THIN 3 5 30 as a cs 10.99 9.92 0.94 33.308.331-2b.24 45.09 301.18 7.58 "7.78 34.38 236.13 5.24 5.06 9.78 15.88 23.00 _296.33 _ _ Sysco Food Service San Antonio, Texas I L nBatt Food Service ,bus Christi, Texas Ben E Keith San Antonio, Texas BACON BITS IMITATION 17CS27.57 23 10.23 7.91 7.91 10.87 10.87 CHEESE SAUCE 167 16.77 26.59 16.11 29.22 17.71 COCOA POWDER PURE 1 27.57 41.451 41.45 COCONUT 3 cs 12.18 36.91 12.18 36.91 10.471 31.72 COLOR GRAVY 3 aal 78.15 236.79 79.85 241.95 72.48 219.81 COLOR YELLOW 1 ct 21.98 21.98 6.35 6.35 2.43 2.43 COLOR RED 1 ct 20.02 20.02 2.64 2.64 3.10 3.10 COOKIES ASSORTED 6 cs 17.37 105.26 14.71 89.14 17.82 107.99 COOKIES CHOC CHIP 3 bx 15.16 45.93 14.36 43.51 17.28 52.38 COOKIES FORTUNE 4 cs 10.52 44.63 14.11 59.85 8.10 34.36 CdOKIES OATMEAL RAISIN 3 bx 13.53 41.00 14.58 44.18 COOKIES SUGAR 3 bx 13.52 40.97 11.88 36.00 12.96 39.27 EGGS POWDERED 1 cs 42.10 42.10 42.00 42.00 EVAPORATED MILK 2 cs 16.05 24.32 17.02 25.79 31.68 48.00 Fast & Fancy Neutral Dessert Base 5 cs 19.87 90.31 - GRANULES LEMON 1 cs 23.72 23.72 MARSHMALLOWS MINI 6 cs 11.29 68.42 9.74 59.02 10.92 66.18 MILK, DRY NONFAT 5 sk 38.97 177.12 38.491 174.94 39.00 177.26 PARMESAN CHEESE 1 cs 48.55 48.55 48.15 46.15 1 43.80 43.80 VANILLA EXTRACT PURE 1 ct 76.67 76.67 22.00 22.00 23.76 23.76 VANILLA WAFERS 8 cs 7.511 56.89 4.88 36.97 6.04 45.75 WALNUT PIECES 1 cs 67.74 67.74 66.50 66.50 Sysco Food Service a San Antonio, Texas alas BOO SAUCE W/CHOPP SMOKED OF BRISKET d TVP 394 # 1.031600 406.31 1.327000 522.51 Ben E Keith San Antonio, Texas Sam Hausman Mels Corpus Christi, Texas 1.065000 419.50 BEEF E PORK FRANK 811 1,500 ct 0.150500 225.73 0.140000 209,96 BEEF/PORK SAUSAGE LINK 5/1 3,000 ct 0.315200 945.51 0.294000 886.23 0.370000 1109.89 PRECOOKED BEEF BRISKET 303 # 3.590000 11.087.77 2.880000 872.64 3.210000 972.63 PRCKD BEEF FAJTTA STRIPS 576 # 3.397000 195565 2.582000 1486.46 BREADED PRCKD CHIX FRO OF FRITTER 3,000 ct 0.368DOO 1,103.89 0.347300 1041.77 0.389400 1168.01 BREADED PRCKD GROUND BEEF FINGER 11,999 ct 0.078875 946.41 0.111100 1332.88 CHARBROILED GROUND BEEF PATTY 5,999 ct 0.342840 2,056.83 0.377500 2265.07 0.378000 2268.01 CHARBROILED SALISBURY BEEF PATTY 2,000 cl 0.231579 463.11 0.230900 461.71 0.325200 650.33 GROUND BEEF 80/20 2,121 # 1.160000 2,460.36 1.030000 2184.63 1.030000 2184.63 1.1490 2437.03 ALTERNATE BID - GROUND CHUCK 81 / 19 2,121 # 1.0200DO 2163.42 1.180000 2502.78 1.5600 3308.76 ALTERNATE BID - GROUND BEEF 90110 2.121 # 1.480000 3139.08 1.330000 2820.93 1.3390 MOM PRECOOKED MEATBALLS 19,998 ct 0.046000 919.91 0.045300 905.53 0.056000 1119.89 ROAST BEEF CLODS - RAW 606 # 1.090000 660.54 1.390000 842.34 1.410000 854.46 1.5490 938.69 STEW MEAT 3,636 # 1.359000 4,941.32 1.867000 6788.41 1.822000 6624.79 1.7900 6508.44 1.5 OZ OVEN ROY BRO FISH STRIPS 3,000 ct 0,136500 409.46 0.131200 393.64 0.140000 419.96 3.6 OZ OVEN ROY CRUNCHY BRD ALASKA POLLOCK 2,000 cl 0.320700 641.34 0.363000 725.84 0.335000 669.93 1 OZ OVEN RDY CRISPY CRUNCHY ALASKA POLLOCK NUGG 5,999 ct 0.098900 593.34 0.082600 495.70 BRD PRCKD PORK PATTY 2,000 cl 0.216900 433.76 0.283300 588.44 0.355000 709.93 BONELESS HAM 455 # 2.400000 1,090.80 2.810000 1277.15 1.480000 672.661.7900 813.56 DICED PORK - 1" CUBES 773 # 1.700000 .1 313.51 1.613000 1246.54 1.652000 1276.42 1.4490 - 1119.57 Sysco Food ServiceI LaBatt Food Service I Ben E Keith San Antonio, Texas Corpus Christi, Texas San Antonio, Texas ASPARAGUS, CUTS AND TPS 121 # 1.95 236.66 1.612. 196.37 1.3100 158.77 BROCCOLI, CHOPPED 485 # 0,60 - 292.66 0.679 329.18 0.5150 249.67 BROCCOLI, CUTS 1,515 # 0.83 948.39 0.669 1,013.54 0.4740 718.11 BROCCOLI, SPEARS 106 # 0.74 78.87 0,72 76.36 0.6000 63.63 BRUSSEL SPROUTS, SMALL 152 # 0.94 142.26 0.795 120.44 0.9000 136.35 CALIFORNIA BLEND VEGES 606 # 0.70 421,17 0.85 515.10 0.6100 3$9,6$ CARROT, SLICED 606 # 0.52 315.42 0.618 374.51 0.3970 240.58 CARROTS, WHOLE BABY 909 # 0.62 562.67 0.621 564.49 0.6240 567.22 CAULIFLOWER, IOF 485 # 0.82 397.54 0,788 382.02 0.6900 334.51 C N, WHOLE KERNEL 1,212 # 0,62 753.86 0.571 - 892.05 0,5400 654,48 cdbNTRY MIX VEGETABLES 364 # 0.80 291.43 0,828 301.08 0.7000 - 264.52 GREENS, CHOPPED, TURNIP 88 # 0.531 46.80 0.488 42.88 0,4300 37.78 GREEN BEANS, CUT 7 # 0.641 4.64 0.678 4.93 0.5500 4.00 ITALIAN BLEND VEGETABLES 1 454 # 0.71 1.028.26 0.6475 '. 941,72 0,6300 916.27 MEXICALI BLEND VEGETABLES 727 # 0.90 655.09 0.912083 663.27 0.8400 610.85' MIXED VEGETABLES, 5 WAY 1,636 # 0.62 1,020.17 0.6341 037.35 0.5480 896.64 OKRA, Cur 30 # 0.65 19.75 0.577778 17.51 0.5800 17.57 ORIENTAL BLEND VEGETABLES 182 # 0.73 131.99 0.622 113.08 0.6280 114.17 PEAS, GREEN 1030# 0.82 641.81 0.613 - 891.61 0.5285 544.48 PEAS AND DICED CARROTS 553 # 0.63 345.79 0.707 390.95 0.5000 276,49 POTATO GEMS rTATOR TOTS) 485 # 0.46 221.55 0.352 170,85 0.3690 178.89 SCANDINAVIAN BLEND VEGES 545 # 0.74 405.64 0.8325 454.05 0.7350 400.87 SPINACH CHOPPED 1,364 1 # 0.49 670.39 0.499722 681.37 0.4600 627.21 STIR FRY VEGETABLES 364 # 1.46 532.31 1.3675 497.22 1.6500 599.94 YLW SQUASH, SLCD (SUMMER TYPE) 1 364 # 0.62 845.37 0.635 865.82 0.5500 749.93 ZUCCHINI SQUASH, SLICED 1 212 # 0.63 763.56 0.675833 819.11 0.6900 836.28 BUTTERMILK BISCUIT- 2.5oz 2000 Ct 0.144 2$7,97 0,14$ 295.97 0.1160 229.98 HUSH PUPPIES (35.40 cT/Le) 2,000 ct 1 3.30751 6,614.34 4.565 9129.09 1 3.4250 1 6,849.32 Sysco Food ServiceI LaBatt Food Service San Antonio, Texas Corpus Christi, Texas t n E Keith n Antonio, Texas CHERRY COBBLER KR W%57RUESEL TOPPIN 76 cs 26 11969.50 CHERRIES, RED TART PRD 9 # 0.776667 7.06 0.755667„:: 1' 6.87 0,8550 7.77 PEACH COBBLER KR W/STREUSELTOPPING 26 cs 28.55 735.31. STRAWBERRIES, SLICED 1,076 # 0.9956411 1,070.96 - 0.878 944.42 0.8600 925.08 SPONGE CAKE 1/2 SHEET PAN 200 ct 5.02 1,003.90 4.76 951.90 4.7600 961.90 CAKE, WHITE, UNICED - 1/2 SHEET PAN 67 ct 10.18 678.60 CAKE. CHOC. CHOC ICED -1 /2 SHEET PAN 67 ct 10.3867 692.38 4.655 310.30 8.0600 537.28 ORANGE JUICE CONCENTRATE FROZEN 3:1 ORANGE PINEAPPLE JUICE PIE LEMON CREAM -10" 3 1,000 73 cs ct ct 28.32 0.10957 3.04833 85.61 109.56 221.67 '..25,29 0.11843 2.8251 ,,76.63 118.42 205.43 27.3600 0.1000 3.5000 62.90 99.99 254.52 TOPPING- NONDAIRY 3 cs 20.23 ".' 81.30 23.92 72.48 22.4400 67.99 RNCH STY ROLL-FRZN DOUGH -WHEAT 1 000 Ct 0.0601 60.08 0.0625 62.49 0.0580 57.99 CHEESE. AMER YELLOW SL 3 cs.. 36.62: -110.98 38.48 116.59 49.0000 148.47 CHEESE, AMER YELLOW BLK 2 cs 58.23 88.22 57.33 86.85 61.5000 93.17 CHEESE, CHDR MILK YELLOW BLK 1 cs 73.92 " 73.92 83.2 83.20 99.6000 99.60 CHEESE, CHEDDAR, REDUCED FAT 12 cs 31.9 386.63 38.4000 465.41 EGGS, SHELL MEDIUM, WHITE,GRADE A 5 CS 6.52 i ' >: ;s .x29.63 11,5 52,27 10,6600 49.36 MARGARINE, REDDIES, ALL VEGETABLE 2 cs ':'7.59 `=`x...".11.50 7.68 11.64 9.4800 14.36 MARGARINE, SOLID, ALL VEGETABLE 15 cs; 10.02 151.80 j'' 9.31,14105 12.0000 1 181.80 4 COUNCIL MEMORANDUM RECOMMENDATION: (A) Ordinance appropriating $71,032.24 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $71,032.24 in the No. 5110 Maintenance Service Fund; and declaring an emergency. (B) Motion approving the purchase of two mowers from Kut-Kwick Corporation, Brunswick~ Georgia for $71,032.24 based on sole source. The mowers will be used by the Water Depastment. One unit is a replacement and the second unit is an addition. This equipment will be used by the Water Department for mowing slopes at the Wesley Seale Dam and the Choke Canyon Reservoir. The existing unit was originally purchased for the Choke Canyon Reservoir in 1984. However, the Water Deparlmant has been sharing this unit to mow slopes at both locations since 1994. Prior to that time, slopes at the Wesley Seale Dam were maintained by push mowers and weed trimmers. This manual process required an extensive amount of man-hours to complete the task. Utilization of the slope mower has proven to be a cost effective approach to minimizing the maintenance cost of the mowing, as the time required to mow the slopes has been reduced substantially. The additional unit will provide dedicated mowers at each reservoir and alleviate schedule conflicts that have developed in the past. Basis of Award: Sole Source. This mower is designed to operate on steep slopes while mowing the slope in a horizontal pattern. Kat-Kwik Corporation is the sole manufacturer and seller of this equipment. Some unique features of this machine include a swivel seat that maintains the operator in a vertical position while mowing the slopes, the ability to make zero mm maneuvers and the machines low profile construction designed to prevent the mower from rolling over on steep slopes. Price Comparison: A similar machine was purchased in 1984 for a cost of $15,780 Funding: Maintenance Services 550020-5110-40110 Capital Outlay Item No. PY25, PY47 (*) Capital Outlay Item No. PY 37 Total: $48,000 23,033 $71,033 Funding for this item was originally included in the FY98/99 Capital Outlay. At the end of last fiscal year, monies were placed into the reserve for capital expenditures and are currently available for the purchase of this item. - ~ required. Michael Barrera,(C.P.M. Acting Director, Materials Management (*) Item No. PY37, flatbed crane track, budgeted at $60,000 will not be purchased. Budgeted monies are available to fund additional funds 57 AN ORDINANCE APPROPRIATING $71,032.24 FROM THE RESERVE FOR CAPITAL OUTLAY IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PURCHASE EQUIPMENT; AMENDING THE FY99-00 BUDGET, ADOPTED BY ORDINANCE NO. 023702, TO INCREASE APPROPRIATIONS BY $71,032.24 IN THE NO. 5110 MAINTENANCE SERVICE FUND; DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNC1L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION !. That $71,032.24 is appropriated from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase two slope mowers. SECTION 2. That Ordinance No. 023702 which adopted the Fiscal Year 1999-2000 Budget is amended to increase appropriations by $71,032.24 in the No. 5110 Maintenance Service Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension &the Charter rule as lo consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of .2000. ATTEST: THE CITY OF CORPUS CHRIST! City Secrelary. Armando Chapa Samuel L. Neal, Jr., Mayor Legal form approved '~,"~-'~,3( ('' , 2000; James R. Bray, Jr.. City Attorney By: Lisa Aguilar, ~ssistant City Attorney 58 5 COUNCIL MEMORANDUM RECOMMENDATION: (A) Ordinance transferring $19,132 fi.om the No. 1020 General Fund to and appropriating it in the No. 4680 Ambulance Fund for Lease Purchase payments for two ambulances; amending the FY99-00 budget, adopted by Ordinance No. 023702, to increase appropriations by $19,132 in the No. 4680 Ambulance Fund; and declaring an emergency. (B) Motion approving the purchase of two ambulances fi.om the Houston-Galveston Area Council of Governments, for the total amount of $274,214.08. The award is based on the cooperative purchasing agreement with HGAC. The ambulandes will be used by the Fire Department. Financing will be provided through the City's lease/purchase financing agreemem through Koch Financial Corp. The two ambulances are replacements. Basis of Award: Price Comparison: Funding: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. The ambulances will be funded through City's lease/purchase financing agreemem for a 48 month period. The estimated interest rate is 5.5%. The actual interest rate will be determined aller acceptance of the equipmem. The annual payment is $76,527. The 48 month total, including principal of $274,214.08 and interest of $31,894.06 is $306,108.14. The ambulances are purchased through the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments. The City purchased four similar ambulances in 1997 for a unit cost of $124,236. Fire Department 530190-4680-60370 Estimated expenditure FY99-00 $19,131.75 Funds will be requested for subsequem fiscal years. Acting Director, Materials Management 59 , ' LOAN AMORTIZATION TABLE F Date 116/00 1 F Lem:ler Name Two Ambulances Annual Pmnt Start of Interest Sctteduled Scheciuled Interest Principal Additional # Period Rate Balance Actual Balance Payment Portion Por~o~ Principal 05/001 5.50% 274,214.08 274,214.08 ~ 2 06/001 5.50% 269,093.64 269,093.64: 3 07/00 J 5.50% 263,949.73 263,949.73 r 4 05/001 5.50% 258,782.2.5 258,782.25: (6,377.25)I 5 09/001 5.50%: 253,591.08 253,591.08; (6,377.25)I 6 10/00f 5.50%: 248,376.12 248,376.12 ' (6,377.25)r 7 111001 5.50% 243,137.26 243,137.26 ~ (6,377.25) 8 12/00r 5,50% 237,874.39 237,874.39 , (6.377.26) 9 011011 5.50% 232,587.39 232,587.39; 10 02/011 11 12 13 14 15 16 17 5.50% 227,276.16 03/011 5.50% 221,940.59 041011 5.50%; 216,580.57 05/011 5.50%; 211,195.98 06/01; 5.50% 205,786.71 071011 5.50%, 200,352.64 09/01 r 5.50% ~ 194,893.67 09/011 5.50% 189,409.68 (6,377.25)1 (1,256.61)1 (5,120.44)1 (6,377.25)I (1,233.35)] (5,143.91)1 (6,377,25)t (1,209.77)[ (5.167.48)1 (1,186.09)1 (5,191.17)1 (1,162.29)1 (1,138.39)1 (5,238.86)1 (1,114.38)1 (5,262.87)1 (1,0G0.2.6) r (5,287.00) i (6,3/7.25) p 227,276.16 ~ (6,377.25)1 22t,940.59; (6,377.25)! 216,580.57; (6,377.25)! 21t,195.98 J (6,377.25)1 205.786.70 ' (6,377.25)! 200,352.64 ~ (6,377.25)! 194,893.67 (6,377.25)[ 189,409.68: (6,377.25)1 18 10/01: 5.50% 183,900.56 183,900.55 19 178,366.18 (6,377.25)1 11/011 5.50%~ 178,366.18 20 12/011 5.50%~ 172,806.44 172,806.44 21 01/021 5.50%: 167,,?.21.22 167,221.21 22 02/02r 5,50%, 161,610.39 161,610.39 23 03/021 5.50%3 155,973.85 = 155,973.85 04~02r 5.50%1 150,311.48 J 150,311.48: 25 05/021 5.50%~ 144,623.16, 144,623.16 26 06/021 5.50%~ 138,908.76; 138,908.76 27 07/021 5.50%; 133,168.17: 133,168.17 28 08/021 5.50% 127,401,27 29 09/021 5.50% 121,607.94 ~ 30 10/021 5.50%: 115,788.06 115,788.06 31 11/021 5.50% 109,941.50 109,941.50 32 33 12/021 5.50% 104,068.15 104,068.15 01/031 5.50% 98,167.87 98,167.87 (1,066.03): (5,311.23)I (1,041.68)1 (5,335.57)i (I,017.23)1 (5,360.03)1 (992.66)1 (5,384.59) 1 (967.98)1 (5,409.27)1 (943.19)1 (5,434.06)r (918.28)1 (5,458.97)1 (893.25)1 (5,483.99)1 (868.13)1 (5,509.13)! (842.88)1 (5,534.38)1 (817.51)1 (5,559.74); (6,377,25)1 (792.03)1 (5,585.22)1 (6,377.25) 1 (766.43); (5,610.82)1 6,377.25)1 (740.71)[ (5,636.54); (6,377.25) (714.88)1 (5,662.37)1 (6,377.25) 1 (688.93)r (5,688.33)I (6,377.25)! (662.86)i (5,714.40)I (6,377.25)[ (636.67)i (5,740.59)[ (6,377.25)1 (610.35)1 (5,766.90)1 127,401,27 (6 377.25)1 121,607.94 , (6,377.25)! (6,377.25)1 (6,377.25)1 (6,377.25)1 34 02/031 5.50% 92,240.56 92,240.55 35 03/031 5.50% 86,286.07 86,286.07 36 041031 5.50% 80,304.30 80,304.30 37 05/031 5,50% 74,295.11 38 I 06/031 5,50%; 68,258.37 (6.377.25)! (6,377.25)! (6,377.25)1 (6,377.25)[ 74.295,10 (6,37'/'.25) I 68,258.37 (6,377.25)1 62,193,97 (6,377.25)1 (583.92)i 5,793.33)! (557.37)I 5,819.88)1 (53o.7o)r (5o3.9o)1 (476.98)i (5,873.35); 5,900.27)r (449.94); 5,927.32)I (422.77)1 5,954.48)~ (395.48)~ 5,981.78)1 (368.06)1 5,009.19)1 (340.52)', 6,036,73)i (312.85)I 6,064.40)i 39 i 07/031 5,50% 62,193,97 (285.06)1 40 I 08/031 5.50% 56,101.77 56,101.77 (6,377.25)1 (257.13)1 41 I 09/031 5,50%; 49,981.65 49,981,65 (6,377.25)i (229.08)r 42 I 10/031 5.50%~ 43,833.48 43,~33.48 (6,3T~.25)I (200.90)1 43 I 11/031 5,50%~ 37,657.13 37,657.13 i (6,377.25)1 (172.60)1 6,092.20); 31,452.47 31,452.47: (6,377.25)I 45 01/04t 5.50%; 25,219.38 25,219.38 (6,377.25)1 46 ~ 02/04i 5.50% 18.957.72 18,957.71 · (6,377.25)1 47 ! 03/041 5.50%; 12,667.35 12,667.35 (6,377.25)1 (58.06) 48 I 04/04 ~ 5.50%: 6,348.16 6,348.16 (6,377.25)1 {29.10)! 44 I 12/031 5.50%1 6,120.12)i I 6,t48.17)1 6,176.35)1 6,204.66)J 6,233.10)1 (144.16)1 (115.59)1 6,261.66)J (86.89)~ 6,290.36)i 6,319.19)] 6,348.16)[ 2 Ambulances 60 City of Corpus Chrisit) City of 1201 Leopard Chnsi Corpus Chrisit, Texas 76404 r..� (316) 880-3650 fax (316) 880-3601 Lender Name Two Ambulances Basic Loan Information Amount 1 $274,214.08 lBeginning of Loan 1 5/1/00 Payment Information Total Payments 1 48 SummaryInformation Total Paid($306,108.14) rn LOAN DATA Annual Interest Rate 5.50°!° Length of Loan, Years 4 Payments Per Year 12 Calculated Payment $6,377.25 Entered Payment Interest Paid 1 ($31,894.06) Insert Fine Print Here ORDINANCE TRANSFERRING $19,132 FROM THE NO. 1020 GENERAL FUND TO AND APPROPRIATING IT IN THE NO. 4680 AMBULANCE FUND FOR LEASE PURCHASE PAYMENTS FOR TWO AMBULANCES; AMENDING THE FY99-00 BUDGET, ADOPTED BY ORDINANCE NO. 023702, TO INCREASE APPROPRIATIONS BY $19,132 IN THE NO. 4680 AMBULANCE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $19.132 is transferred from the No. 1020 General Fund to and appropriated in the No. 4680 Ambulance Fund for lease purchase payments for two ambulances. SECTION 2. That the FY 99-00 budget, adopted by Ordinance No. 023702· is amended to increase appropriations by $19,132 in the No. 4680 Ambulance Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter role as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall lake effect upon first reading as an emergency measure this the __ day of . 2000. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary. Armando Chapa Samuel L. Neal· Jr., Mayor Legal tbrm approved v~,,~ '7, 2000; James R. Bray. Jr.. City Attorney Lisa Aguilar,:-Assistant City Attorney 62 6 AGENDA MEMORANDUM December 30, 1999 SUBJECT: Acquisition of Parcel No. 3 Kostoryz Road Improvements (Project #6068), AGENDA ITEM: Motion authorizing the acquisition of Parcel No. 3 located on the west side of Kostoryz Road between Masterson Street and Crestwater' Drive for $49,500 in connection with the Kostoryz Road Improvements - Holly Road to Saratoga Blvd. project. ISSUE: The Kostoryz Road Improvements project calls for the acquisition of Parcel No. 3 for the widening of Kostoryz Road from Holly Road to Saratoga Blvd. Proposed improvements consist of widening the existing two-lane roadway to the City's standard five lanes for arterial streets, complete with underground storm sewers, sidewalks, continuous street lighting and nominal ddveway access improvements to private properties. The price for this parcel has been negotiated and requires Council approval. FUNDING: Funds for this acquisition are available from the Street Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Council Action Location Map Information Summary Contract Summary AridlY. Escobar, P~ E. 7 Director of Engineering Services Koslo~fz Road Improvements project Acquisition of Parcel No. 3 H:V~'IOf~HEL SaY~GEN~AG99~ACQUITNS~KOSTORYZ~PARCEL- 3.M Page 1 of I 63 BACKG~OUNDINFORMATION SUBJECT: Acquisition of Parcel No. 3 - Kostoryz Road Imprevements Project PRIOR COUNCIL ACTION: See Exhibit"B.' FUTURE COUNCIL ACTION: Approval of land purchases which exceed $15,000. OVERVIEW: Background: In 1993, the Corpus Christi Metrepolitan Planning Organization (MPO) requested project proposals for the Metrepolitan Mobility Program as part of the overall Transportation Improvement Program (TIP). The Metropolitan Mobility Pregram is a federally-funded pregram for transportation imprevement projects, previding federal funding up to 80% of the total cost of engineering, right-of-way (ROW) acquisition and construction, with a 20% local match share. In response, City staff presented recommendations for several projects, including the engineering, ROW acquisition, and construction of street widening imprevements on Kostoryz Road between Holly Road and a point south of Saratoga Blvd. Funding for engineering of the Kostoryz Road preject was approved by the MPO for FY 1995. Funding for ROW acquisition and construction was appreved for FY 1996. Dudng later deliberations bythe MPO, funding for the engineering/ROW was deferred to FY 1996, and funding for construction was tentatively deferred to FY 1999. The cost of engineering and ROW acquisition has been estimated at $136,000 and $100,000, respectively. In October 1995, the City Council appreved funding for the City 20% match share for each of these elements. On September 24, 1996, Council requested staff to perform an in-depth review of the project's scope and cost estimate to determine if funding was adequate and the requirement fully supported. Staff's subsequent review of the project was presented to Council on November 15, 1996 and concluded that the project limits should be changed and not extend 0.25 miles south of Saratoga Blvd. as originally pregrammed. The near-term benefits of the project were not found to justify the extra cost of the 0.25 mile section. A review of the project budget also indicated an additional $285,000 should be programmed in FY 1999 to cover the City's 20% share of the extra street/drainage costs for the Holly Road to Saratoga Blvd. section. Subsequently, on November 26, 1996, Council endorsed the staff's recommended changes for deleting the section of Kostoryz 0.25 miles south of Saratoga and increasing the budget by $285,000 in the FY 1999 Capital Improvement Plan to cover additional costs. The MPO and TxDOT approved the amending of the Kostoryz Road project limits to delete the section of Kostoryz 0.25 miles south of Saratoga Blvd. Page 1 of 2 64 P~lrce. J: The subject parcel, located on the west side of Kostoryz Road between Masterson Street and Crestwater Ddve, is owned by John V. Elick, Trustee. The parcel is being acquired in connection with the Kostoryz Road Improvements project between Holly Road and Saratoga Blvd. and was formedy railroad right-of-way. A map (showing the location of the property), a summary (showing the size of the property), the appraised value, the negotiated pdce and specific terms of the contract are included as Exhibits "C," "D," and "E." Staff has negotiated the purchase of this parcel for the appraised value of $49,500. The closing of this transaction will be handled by First Amedcan Title Insurance Company of Texas. 65 Page 2 of 2 PRIOR COUNCIL ACTION October. 1995 - Adopted the FY95-96 Capital Improvement Program Budget, which included $440,000 for the City's participation with the Texas Department of Transportation (TxDOT) for the engineering, acquisition of right-of-way (ROW), and improvements to Kostoryz Road between Holly Road and a point south of Saratoga Boulevard (Ord. No. 022394). I;)ecember. 1995 -Approved appropriation of funds to the Street Capital Projects Fund, including $440,000 for the City's participation with the State of Texas for engineering, ROW acquisition, and construction of the Kostoryz Road Improvements (Ord. No. O22438). November 26. 1996 - Endorsed staff's recommended changes to the Kostoryz Road project by eliminating from its scope the construction of the section of Kostoryz 0.25 miles south of Saratoga Blvd. and increasing the project budget by $285,000 in the FY 1999 Capital Improvement Plan (M96-364). January 7. 1997 -Appropriated $80,000 from the Texas Transportation Commission in the No. 220 Street Capital Improvement Fund for the estimated reimbursement from the State of Texas to the City for ROW acquisition costs for the Kostoryz Road Improvements Project between Holly Road and Saratoga Blvd. (Ord. No. 022805). January 7, 1997 - Authorizing the City Manager to execute an agreement with the State of Texas setting forth responsibilities for engineering and acquisition of ROW for proposed improvements to Kostoryz Road between Holly Road and Saratoga Blvd. and authorizing the deposit of $27,200 with TxDOT as the City's share of engineering costs (M97-001). Ii IJ Exhibit B 66 Page 1 of 1 SITE KOSTORYZ ROAD STREET IMPROVEMENTS - 1995S PARCEL 3 City of Corpus Christi, Texas City Council Exhibit Department of Engineering Services Date : 12-27-99 Page : 1 of 1 Christi 67 EXHIBIT C INFORMA~ON SUMMARY KOSTORYZROADIMPROVEMENTSPROJECT PARCELNO. 3 Owner: Location: Zoning: Size: Platted: Tax Value: Appraised Value: John V. Elick, Trustee West side of Kostoryz Road between Masterson Street and Crestwater Drive R-lb, One Family Dwelling District Whole Taking: 66,000 s.f., vacant land No $15,000 or $.23/s.f. John A. Erickson, S.R.A. Whole Taking .............................................. Contract Price: $49,500 $49,500 ($.75/s.f. H:~HOME~SH ELBY~GEN~AG99~ACQ UITN S'~KOSTORYZ~PARC EL-3.EXD Il Exhibit D I Page 1 of I 68 CONTRACT SUMMARY ACQUISITION OF PARCEL NO. 3 KOSTORYZ ROAD IMPROVEMENTS PROJECT 10. 11. Legal Description - 66,000 s.f. out of Lot 2, Section 8, Bohemian Colony Lands Subdivision Purchase Price - $49,500 Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seller, up to and including 1999. Taxes for 2000 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 60 days of the contract date. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. Acquisition is under the threat of eminent domain proceedings. City's contractor may begin construction on the property after all parties have signed this contract. H:~HOME\SHEI..BY~GEN~AG99~ACQUITNS~KOSTORYZ~ARCEL-~cjEXE Page 1 of 1 7 AGENDA MEMORANDUM Date: December 14, 1999 SUBJECT: Corpus Chdsti Air Quality Reseamh Projects Office of Environmental Programs AGENDA ITEM: Ordinance appropriating $8,968.80 in accrued interest from Texas Natural Resource Conservation Commission Rider 17 Funding in the No. 1050 Federal/state Grants Fund for air quality research and planning; and declaring an emergency. Motion authorizing the City Manager, or his designee, ;~o execute a contract amendment with Texas A&M University-Corpus Christi in an amount not to exceed $20,000 for small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. ISSUE: The City of Corpus Chdsti was awarded a $450,750 grant from the Texas Natural Resource Conservation Commission (TNRCC) for the purpose of conducting air quality research, planning, and educational outreach in Nueces and San Patricio Counties for FY98-99. The payments were advanced to the city, prior to expenses being incurred. Interest accrued on the advance payments. In addition, $20,456 of the $450,750 has not been committed to projects at this time. Texas A&M University-Corpus Christi (TAMUCC) will exhaust funding for small business outreach and public education programs for air quality December 31, 1999. Additional funding will be available in 2000 to continue these essential programs, but supplemental funding is needed to fill the interim until those funds are available. FUNDING: The TNRCC provided the City of Corpus Chdsti with a grant in the amount of $450,750 to fund air quality research and outreach projects in Nueces and San Patdcio Counties. These funds were appropriated in the No.1050 State/Federal Grants Fund and accrued interest. This interest must be used to fund projects associated with the scope of the original grant. RECOMMENDATION: Staff.recommends approval ofthe motion and ordinance as presented. Ronald F. Massey ~ Assistant City Manager Attachment: Summary of TAMU-CC Contract Amendment 71 BACKGROUNDINFORMATION Subiect: Corpus Chdsti Ozone Near Non-Attainment Area Grant Project DescriDtion: The Texas Natural Resource Conservation Commission (TNRCC) is funding programs in Corpus Chdsfi and other Texas cities close to exceeding the federal ozone standard with Appropriation Rider 17 to the FY 1998-1999 TNRCC Budget. A grant of $450,750 was made available to Corpus Christi for the biennium. The funds were provided in advance of incurring expenses and as a result accrued interest. The interest must be utilized to fund activities associated with the projects in the odginal grant. Texas A&M University-Corpus Chdsti (TAMU-CC) has a contract with the City to conduct a pollution prevention outreach program for small business and for public education on air quality issues in Nueces and San Patdcio Counties. The region is very close to violating the National Ambient Air Quality Standard (NAAQS) for ozone and must comply with new standards for fine particulate matter. The pollution prevention and educational outreach programs are very effective in encouraging voluntary emissions reductions by small business and individuals. These efforts play a significant role in maintaining monitored ozone levels within federal standards. Should the area exceed federal standards and be designated as non-attainment, the sanctions imposed by EPA will be very detrimental to future area economic development. It would also result in loss of federal highway funds until prescribed planning for compliance with the standards is approved by EPA. The initial Rider 17 grant contract with TNRCC for $283,750 was executed in February 1998; Council appropriated the funds in Apd11998. This amount was increased to $450,750 in a contract amendment approved by Council on May 11, 1999 and the additional funds appropriated at that time. Our current contract with TAMU-CC will fund their portion of the project work through December 31, 1999. Appropriations Rider 13 was approved by the Legislature and will be provided by TNRCC for the 2000/2001 biennium. However, intedm funding is needed to provide for a continuation of project work until the contracts for Rider 13 funding ara executed. Prior Council Action: 2. 3. 4. February_ 10. 1998 - Ord. No. 023208 authorizing the City Manager, or his designee, to execute a Rider 17 Intedocal Contract with the TNRCC in the amount of $283,750 for Air Quality Planning Activities in Nueces and San Patdcio Counties. A~)dl 28. 1998 - Ord. No. 023298 appropriating $283,750 in the No. 1050 Federal/State Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties. Aodl 28. 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to execute an Interiocal Agreement with TAMU-CC in the amount of $70,000 for air quality planning activities in Nueces and San Patricio Counties. May 11. 1999 - Motion No. M99-138 authorizing the City Manager, or his designee, to execute an amendment to the Intedocal Contract with the TNRCC increasing the grant for Air Quality Planning Activities to $450,750, Ord. No. 023634 appropriating the funding increase, and Motion No. M99-140 increasing the funding to TAMU-CC to $117,000. Future Council Action: Approval of contracts for $15,000 or more for FY2000-2001 Appropriations Rider Funds and associated project work which will be available in the near future. 72 SUMMARY CORPUS CHRISTI NEAR NON-ATTAINMENT AREA PUBLIC EDUCATION AND OUTREACH CONTRACT AMENDMENT Subcontract Provision - Texas A&M University-Corpus Christi (TAMU-CC) is under contract with the City of Corpus Christi to provide small business assistance in support of the area's efforts to remain in attainment of federal ozone standards. The small business assistance is included in an area wide Pollution Prevention Partnership, quite valuable in reducing emissions into the air of ozone forming compounds: This program is funded with a Rider 17 grant from the Texas Natural Resource Conservation Commission (TNRCC). TAMU-CC funding for that program runs out at the end of December 1999. Additional funding is expected late first quarter 2000 through Appropriations Rider 13 to the TNRCC FlY 2000-2001 Budget. This contract amendment provides the supplemental funding to continue this essential program in the interim period until the contracts are negotiated and executed. The amendment also cleans up some obsolete language in the original contract with TAMU-CC. Responsibilities of Subcontractor - TAMU-CC will continue their small business assistance program, which is an on-going initiative. Payment - Payment to TAMU-CC will be on a cost-reimbursement basis. Term - The term of the contract remains as set by Amendment 2 (Motion No. M99-140). It is consistent with terms of the Rider 17 legislation and contractual agreements between the City and the TNRCC. I ATTACHMENT (1) I 73 ORDINANCE APPROPRIATING $8,968.80 IN ACCRUED INTEREST FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION RIDER 17 FUNDING IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR AIR QUALITY RESEARCH AND PLANNING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That $8,968.80 in accrued interest from the Texas Natural Resource Conservation Commission Rider 17 Funding is appropriated in the No. 1050 Federal/State Grants Fund for air quality research and planning. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to fred and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such f'mding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,1999. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chap& City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED 15"~gO.~/x~ , 1999; JAMES R. BRAY, JR., CITY ATTORNEY By: Alison Gal~way First Assistant City Attorney H:~LEG-D I RX V E RON ICA~,L ISONhO R D99 700~AGORD99 785 74 8 CITY COUNCIL AGENDA MEMORANDUM Date: January 11, 2000 AGENDA ITEM: Motion authorizing letter of appreciation to Congressman Ortiz, Senator Gramm, Senator Hutchison for their assistance in obtaining fi~nding to construct the new Federal Aviation Administration's Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi Imm'national Airport. ISSUE: The City's Congressional Delegation was instrumemal in securing funding for the construction of a new control tower. The City Council would like to acknowledge the delegation's assistance by authorizing a letter of appreciation. REQUIRED COUNCIL ACTION: Approval and signature of appreciation letter. RECOMMENDATION: Staff recommends approval of letter thanking the delegation for their continued leadership and service on behalf of the citizens of Corpus Christi. Bonnie Allin, A. A. E. Director of Aviation ADDITIONAL SUPPORT MATERIAL Letter from Mayor/Council 75 January 7, 2000 The Honorable Phil Gmmm SR 370 Russell Building 1~t & C Streets, NE United States Senate Washington, DC 20510 RE: Corpus Christi International Airport Dear Senator Gramm: On behalf of the Citizens of Corpus Christi and the surrounding Coastal Bend Region, the Corpus Christi City Council wishes to express our sincere appreciation for the assistance you have provided in obtaining funding for the construction of a new Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport. The Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport not only serves Corpus Christi but the entire South Texas Region, reaching into the bordem of neighboring Mexico. Your work with the Federal Aviation Administration to develop a solution prevented a significant operational safety concern for our airport and the traveling public. In addition, your solution will provide a much needed state of the art air traffic control facility to serve all of South Texas. Senator Gramm, thank you for your leadership and continued service to the citizens of South Texas. As always, your dedication to Aviation Safety is appreciated. Sincerely, Mayor Samuel L. Neal Council Member Melody Cooper Council Member Hen~ Garrett Council Member Arnold Gonzales Council Member Betty Jean Longoria Council Member Javier Colmenero Council Member John Longoria Council Member Mark Scott Council Member Rex Kinnison Office of the C.)~y Secretary P.O. Box 9277" Corpus Christi, T{/xSs 78469-9277 · (5!2) 880-3105 January 7, 2000 The Honorable Kay Bailey Hutchinson SR 284 Russell Building 1x & C Streets, NE United States Senate Washington, DC 20510 RE: Corpus Christi international Airport Dear Senator Hutchinson: On behalf of the Citizens of Corpus Christi and the surrounding Coastal Bend Region, the Corpus Christi City Council wishes to express our sincere appreciation for the assistance you have provided in obtaining funding for the construction ora new Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport. The Air Traff'lC Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport not only serves Corpus Christi but the entire South Texas Region, reaching into the borders of neighboring Mexico. Your work with the Federal Aviation Administration to develop a solution prevented a significant operational safety concern for our airport and the traveling public. In addition, your solution will provide a much needed state of the art air traffic control facility to serve all of South Texas. Senator Hutchinson, thank you for your leadership and continued service to the citizens of South Texas. As always, your dedication to Aviation Safety is appreciated. Sincerely, Mayor Samuel L. Neal Council Member Melody Cooper Council Member Henry Garrett Council Member Arnold Gonzales Council Member Betty Jean Longoria Council Member Javier Cohnenero Council Member John Longoria CoJ~TcilAVlember Rex Kinnison Council Member Mark Scott Office of the Lny secretary P.O. Box 9277 · Corpus Christi, Texas 78469-9277 · (512) 880-3105 January 7, 2000 The Honorable Solomon P. Ortiz 21 Rayburn House Office Building Independence Avenue & S. Capitol Street, SW United States House of Representatives Washington, DC 20515 RE: Corpus Christi International Airport Dear Representative Oritz: On behalf of the Citizens of Corpns Christi and the surrounding Coastal Bend Region, the Corpus Christi City Council wishes to express our sincere appreciation for the assistance you have provided in obtaining funding for the construction ora new Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport. The Air Traffic Control Tower and Terminal Radar Approach Control Facility at the Corpus Christi International Airport not only serves Corpus Christi but the entire South Texas Region, reaching into the borders of neighboring Mexico. Your work with the Federal Aviation Administration to develop a solution prevented a significant operational safety concern for our airport and the traveling public. In addition, your solution will provide a much needed state of the art air traffic control facility to serve all of South Texas. Congressman Ortiz, thank you for your leadership and continued service to the citizens of South Texas. As always, your dedication to Aviation Safety is appreciated. Sincerely, Mayor Samuel L. Neal Council Member Melody Cooper Council Member Henry Garrett Council Member Arnold Gonzales Council Member Betty Jean Longoria Council Member Javier Colmenero Council Member John Longoria Council Member Mark Scott Council Member Rex Kinnison Office of the City Secretary P.O. Box 9277 · Corpus Christi, Te7x~s 78469-9277 · (512) 880-3105 9 CITY COUNCI~ AGENDA MEMORANDUM Date: January 11, 2000 AGENDA ITEM: Anthori~ng the City Manager, or designee, to execute an extension of the lease agreements with Pagan-Lewis Motors, d.b.a. Budget Rant-A-Car 'of Corpus Christi, Inc.; Coastal Bend Rent-A-Car, Inc. d.b.m Avis Rent-A-Car; Mar Jean Texas, Inc., d.b.a. Hertz Car Rental; National Car Rental of Corpus Christi, Inc.; and J.F.C. Leasing, LLC, d.b.a. Dollar Rent-A-Car, to extend the lease agreements for no more that 12 months, on a month-to- month basis, all leases to expire no later than December 31, 2000; and declaring an emergency. ISSUE: Due to the program established to build a new terminal facility at Corpus Christi International Airport it is necessary to extend, on a month-to-month basis, the Lease Agreement with the existing rental car agencies serving the airport until temporary facilities are constructed and the Request for Proposals process is completed. PRIOR/FUTURE COUNCIL ACTION: On December 15, 1998 (Ordinance No. 023516) Council authorized a twelve month lease extension; On December 23,1997 (Ordinance No. 023182) Council authorized a twelve month lease extension with Pagan-Lewis Motors, d.b.a. Budget Rent-A-Car of Corpus Christi, Inc. Coastal Bend Rent-A-Car, Inc. d.b.a. Avis Rent-A-Car, Mar Jean Texas, Inc., d.b.a. Hertz Car Rental, National Car Rental of Corpus Christi, Inc., and J.F.C. Leasing, Inc d.b.a. Dollar Rent-A-Car to expire on December 31, 1999. REQUIRED COUNCIL ACTION: City Council approval is required for the execution of lease agreements. RECOMMENDATION: Staff recommends approval of the lease agreement as submitted. ADDITIONAL SUPPORT MATERIAL Background Information X Contract summary Ordinance/resolution ~ Maps Director of Aviation 79 ADDITIONAL BACKGROUND INFORMATION Date: January 11, 2000 The current rental car concessionaires operating at the airport were originally selected though a Request for Proposal (RFP) process. The existing Rental Car Lease Agreements are standard agreements negotiated between the City and the Car Rental Agencies based upon the RFP's. The need for the additional extension of the Rental Car agency agreements stems fxom the Terminal Construction Program. Council approved the conceptual design to construct a new terminal facility after structural deficiencies were discovered. In May 1999, the architectural finn of Gensler was selected to design a new terminal facilities. As part of the terminal design, a master scheduling program was developed which included, tenant funded finishes for both temporary and new rent car counters and offices. Extending the current lease agreements will allow the present occupants to continue operations for the remainder of the design phase, until the Request for Proposal process is completed, thus avoiding any disruption of services. Request for proposals (RFP) have been drafted, and will be solicited during the first quarter of CY2000. The new RFP's will include the tenant finish requirements for temporary facilities and new permanent rental car facilities. Current scheduling for temporary facilities will begin in~ March 2000, with scheduled completion late July 2000. The lease extensions have been executed by Pagan-Lewis Motors d.b.a. Budget Rent-A-Car of Corpus Christi, Inc., Coastal Bend Rent-A-Car, Inc., d.b.a. Avis Rent-A-Car, Inc., Mar Jean Texas, Inc., d.b.a. Hertz Car Rental, National Car Rental of Corpus Christi, Inc., and J.F.C. Leasing, Inc., d.b.a. Dollar Rent-A-Car. 80 CAR RENTAL LEASE SUMMARY Sanuary 1, ;~ooo to December 31, a.'ooo Ticket Counter/operations space~ Automotive Serv/ce Facility, and Ready & Return car spaces. Percentage oft. he gross r~,enue or monthly guaranteed minimum. Rent ofo/~ce operations space at 534.26 per squar~ foot; Automo ,five Service Facility at 50.12 per square foot; and Ready & Return car spaces at 515.00 per space. AIRPORT REVENUE SOURCES % of Gross Revanne Ticket Space Auto Service Facility Ready/Return Space AMOUNt 5783,000 5 75,000 5 23,000 5 12,000 TOTAL 5893,000 CITY SHALL: a. Operate airport in prudent manner. b. Maintain public areas, outside wall, and roof of leased areas. c. Perform aH repairs of all mechanical systems in Terminal Building. CAR RENTAL AGENCY SHALL: a. Purchase and maintain comprehensive public liability insurance in an amount not less than one million dollars ($1,000,000) and name the City of Corpus Christi as an additional insured. b. Abide by aH City, State, and Federal requirements and regulations. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE LEASE AGREEMENTS WITH PAGAN-LEWIS MOTORS dba BUDGET RENT-A-CAR OF CORPUS CHRIST/, INC.; COASTAL BEND RENT-A-CAR, INC. dba AVIS RENT-A-CAR; MAR 3EAI~ TEXAS, INC. dba ItERTZ CAR RENTAL; NATIONAL CAR RENTAL OF CORPUS CHRISTL INC.; AND JFC LEASING, LLC dba DOLLAR RENT-A-CAR TO EXTEND THE LEASE AGREEMENTS FOR NO MORE TItA.N 12 MONTHS, ON A MONTH TO MONTH BASIS, ALL LEASES TO EXPIRE NO LATER THAN DECEMBER 31, 2000; AND DECLARll~G AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager is authorized to execute an extension of the lease agreements with Pagan-Lewis Motors DBA Budget Rent-A-Car of Corpus Christi, Inc.; Coastal Bend Rent-A-Car, Inc., DBA Avis Rent-A-Car; Mar Jean Texas, Inc. DBA Hertz Car Rental; and National Car Rental of Corpus Christi, Inc. authorized by Ordinance No. 021273, extended by Ordinance No. 022047, Ordinance No. 022804, Ordinance No. 023182, and by Ordinance No. 023516 and to execute an extension with JFC Leasing LLC DBA Dollar Rent-A-Car, authorized by Ordinance No. 022991 and extended by Ordinance No. 023182 and Ordinance No. 023516, to extend each lease agreement for no more than 12 months, on a month to month basis, all leases to expire on December 31, 2000, with all other terms and conditions to remain the same as set out in the original lease, and any extension thereof. A copy of each lease, and each extension, is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to f'md and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such f'mding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the ... day of . . ,2000. Attest: City Of Corpus Christi Annando Chapa, City Secretary. Samuel L. Neal. Jr.,Mayor Legal form approved ,rfzc~,~,~.~ ~ ,2000; James R. Bray, Jr., City Attorney By: ~-~?* ~ Lisa Aguilar. Assistant Ci~' Attorney H:\LEG.DIR\VERONICA~LISONXORDO~ 8OO\AGORDO0 S01 82 10 ORDINANCE STATUS AGENDA ITEM: Amending the Zoning Ordinance by revising Article 13, B-2A Barrier Island Business District and Section 27B- 7.01.C. relating to uses allowed in the District and Street Yard requirements. FIRST READING: December 14, 1999 Passed: 9- 0 FINAL READING: January 11,2000 COMMENTS: Ordinance will be amended prior to second reading by changing previsions for masonry fencing in a B2A District 83 CITY COUNCIL AGENDA MEMORANDUM January 4, 2000 Subject: Second reading of City of corpus christi Zoning Ordinance text amendment to the UB-2A' Barrier Island Business District. Aaendaltem: MOtion tO amend the Zoning Ordinance prior to the second reading by modifying the provisions requiring a masonry type fence, revising Article 13, 'B-2A' Barrier Island Business District and section 27B-7.01.C relating to uses allowed In the District and street yard requirements; providing for severance; and providing for publication. B) Approval of the second reading on Zoning Ordinance text amendment by revising Article 13, "B-2A" Barrier Island Business DiStrict and Section 27B-7.01.C., by providing for auto repair minor, mini-storage, and storage for boats and RVs with required fencing and landscaping. Reoue;ted Council Action: Approval of the second reading on Zoning Ordinance text amendment by revising Article 13, 'B-2A' Barrier Island Business District and section 27Bo 7.01.C., by providing for auto repair minor, mini~-torage, and storage for boats and RVs with required fencing and landscaping. planninq Commission & staff's Recommendation (10/27/99): ADproval I$$tle; TO provide storage and automotive repair uses within the "B-?A' District to accommodate personal service needs of island residents and tourists. With this amendment, the 'B-?A" DistriCt further enhances residential property with local street adjacency to commercial property, by providing regulations on fencing, landscaping, and restricted access from commercial properties to local streets. Prior Council Action: In May 1999, City Council directed staff to work with the Padre Island Planning Task Force in formulating revisions to the 'B-2A' Barrier Island Dlstrict. From those meetings, the proposed 'B-2A' amendments were developed and agreed upon by staff and the Padre Island Task Force. At the December 14, 1999 City Council meeting, Council directed Staff to meet with the Padre Island Task Force to resolve the concern regarding fencing requirements in the "B-2A' District. Staff andthe Task Force met on December 16, 1999 to discuss the proposed fencing issue and made recommendations to the 'B-2A' District fencing requirements that were deemed acceptable. ~_a_C_l[gEgJB:~: Through cooperative efforts between the Planning Depaf b.ent and the Padre Island Planning Task Force, amendments to the "B-2A' Business DiStrict and ancillary landscaping requirements for the island were developed. These amendments are in response to concerns raised by island property owners in providing additional uses and development opportunities on the island, while preserving the character of the area. 84 Agenda Memorandum Januarv 4, 2000 Page 2 Additionally, the Planning Department has experienced an increase in request for zoning changes on the island with the 'B-2A" District. Such changes were requested due to the district not allowing for specific commercial uses. The result of these requests has been the issuance of Special Permits within the "B-2A" District tO accommodate the use. Amendments, to address propert:y owners' concerns and to provide regulatory tools to further enhance development of the island, are divided into four categories as follows: "B-2A" District - Use Regulation Additions O BOat and RV storage, Unenclosed and enclosed, screened with stucco fence. 0 Mini-storage, enclosed, screened with stucco fence. 0 Automotive Repair, Minor. "B-2A' District - Height and Area Requirement Additions 0 A fence shall not be permi~ed in the 20' front yard setback area. "B-2A' District - Access Restriction Provision o commercial development is prohibited from having direct access to a local street, primarily serving residential property. B-2A' 0 District and Landscape Requirements - Screening Provision commercial uses with adjacency to local streets shall provide a 6 foot ivory tone stucco fence designed on concrete masonry units, or one- half inch (1/2') or greater cement board with treated wood structure, or on pre-cast panels with concrete columns. Such fencing is to be placed along the local street area of the subject property and 15 feet along the interior and side lot areas of the subject properly. The fence shall be located 20 feet or more from the commercial property line. One hundred percent landscaping is required bet:ween the fence area and property line with plant material achieving a minimum of 0.20 points per square foot (typically includes lawn covering and 2-3 shrubs per 50 feeD. Type A canopy trees are required within the landscape area every 30 feet on center. Conclusion: The proposed amendments to the "B-2A' District are sensitive to residential areas in providing for fencing and landscaping of business uses when located on lot areas adjacent to local streets, typically occupied by residential uses. Furthermore, driveway access onto local streets is prohibited by business uses, which discourages commercial traffic from traversing through residential neighborhoods. The expanded uses for the "B-2A" District allow for storage of recreational and personal items and minor automotive repair. These uses are considered complementary to the development of the island and provide the necessary screening and landscaping to further enhance the scenic corridor of Park Road 22. Assistant City Manager Director of Planning FGM:Iw Attachment 1) "B-2A" Barrier Island Business Tex~ Amendment Ordinance (H:BARRIER2.MEM) 85 Piamamg Commission Agenda October 27, 1999 Page 6 Carol Non-ell, 5233 WiRi,m% stated that she supports the plan~ however, believes that the sam, FAR should be allowed on either side of Willianls Drive. At the present time, the proposed plan designates .50 for the south side and .30 for the north side. Mr. Norreil stated that she believed a lower FAR on the nerth side of Williamn Drive would resWict her ability to convert or sell her property. Chairman Quinm-nilla closed the public hearing. After discussion regarding the allowable FAR for each side in Gardemtale, Commissioner Richter requested that the FAR be identical on the north and south sides of Willi~m~ Drive. Commissioner Richter stated that she would like to review thc application of the Option 2, as presented previously, for consideration in other neighborhoods. Motion by Underbrink, seconded by Sween-McGloin, to recommend the creation of the "B-lA" District to City Council and to include changing the FAR on the south sick of Will;stag Drive to 0.50. Motion passed nn~niraously with O-~'mln abstaining aad Noyoia being absent. Motion by Sween-McGloin, seconded by Richter. to apply the "B-lA" District to the Gardendale subdivision and amend the Southside Area Development Plato Motion passed .n.nimously with G,,~m~n abstaining and Noyola being absent. Motion by Richter, seconded by Kelly, to create a district with mixed uses as illustrated in Option 2. Motion passed nn~nimously with Guzmin absminin§ and Noyola being absent. Text Amendments to Article 13 aB-2A' Barrier Island Business District and Article 2TB Landscape Requirements Public Hearing Chairman Quinmnilla stated that he needed to abstain from participation and lef~ the room. Mr. Gunnin$ stated that Staffhas been working with the Padre Island planning Task Force as directed by City Council to develop an amendment to the "B-2A' Barrier Island Business District. Far/ce Goode-Macon, City Planner, presented an llluswation of the proposed amendment to the "B-2A" Dislzict to the Commission. Ms. Goode-Macon stated that proposed changes to the Use Regulations are boat and RV storage, enclosed mini-storage for personal use, and minor automotive repairs such as lire repair and oil changes. She continued that the proposed amendment includes provisions not to allow busmeases to have direct access to local streets except for uses permitted m the "A-2" Apartment House DisR'ict. The Screening Reqmrements would requite landscaping of I00 parcant of the setback area and that boat and RV storage, whether indoor or outdoor, and mini-storage, must be screened with stucco type fence. Thc screening fence design is stucco plaster on concrete block or masomy substrata. Ms. Ooode-Macon concluded her presentation by stating that when a business is located on a lot area adjacent to a local iRc'et, the business is prohibited from accessing onto the local struts. This discourages associated traffic from ~aversmg through residential neighborhoods. Commissioner discussed requiring additional screening fence requirements, and Mr. Gunning stated that he believed that I00 percent landscaping was sufficient Ms. Goode-Macon stated that according to the landscape ordinance, 50 percent of the required landscaping would be ~ees, resulting in one ~ee per 50 feet of lot f~untage. Vice Chairman Guzm,in opened the public tiearmg. Gene Knight, 14075 Fomma Bay, stated that he C~aired the Padre Island planning Task Force. He stated that the Island been knowledgeable of each Special pen'mt granted on the Island; however, businesses most needed on the Island were not developed; i.e. supermarkets. Mr. Kuight stated that the original intent of the developers of 86 Plan.lng Comnmsion Agenda October 27, 1999 Page 7 the Island was to work toward the development ofa bamer island with comm,mi*y amemties. M~. Knight stated that the Task Force was favorable of the "B-2A" amendment but had not d/scuasad the s/x-foot m~onry waR, but the Island recommended a s/x-foot, stucco type wall/fence. Mr. Kn/ght continued by stating that effoxts th/lnproving development opporamities on the Island by Staff'and the Task Force is always welcomed. John Fisher stated that he supports the "B-2A" Dislnct amendmentS and that he serves on the Padre Island P]annlng Task Force. He informed the Commission that he was the owner of a bad and breakfast establishment on the Island. Vice Chairman G,~ml, closed the publ/c heanng. Commissioners Sween-McGloin and Underbrink expressed concern with more screening requirementS and asked that the screening be increased. Motion by Sween-McGloim secondad by Kelly, to a~gprove the "B-2A" Diswict amending, ars with a requirement of Type A canopy trees every 30 feet on center within the required landscape areas. Motion passad .nnniraoualy with Qinntamlla abstaining and Noyola being absent. ZONING CASES New Zoning Cases Nasser Farahnakian: 1099-5 REQUEST: "B-I" Neighborhood Business District w/th a "SP" to "B-4' General Bus/ness Disu/ct on property describad as Surey Place Uult l, Block 25, 0.43 acre out of Lot 3 and located on the east side of Kostoryz Road, approx/mately 350 feet north of Tiger Lane Mr. Saldaaa presented a slide illuslxation of the subject property and the surrounding area. The area to the north and east is zoned "B-I" Neighborhood Business District and remaing undeveloped; the area to the south is zoned "B-I" DisU/ct and developed w/th a retail bu/ldmg which is ondar cousWaction; and the area to the west is zoned "B-l" District and developed with the American Legion Hall. Mt. Salth~ stated that the appUcant proposes to add two (2) service bays for the existing tire shop. Currently the propert~ is developed with a tire sales and repair shop. The expansion of the existing 3,700 square foot building would add 1,600 square feet, one (I) story addition to a tire shop to accommodate two (2) new service bays. The Special Permit for auto sales approved in September 1995 expired since the use was not instimtad w~thin the required one (1) year period. However, an illegal tire sales end service use was initiated and later legalized with a Special Permit approvad in March 1997. The subject property contains 18,700 square feet (0.43 acre) which is sufficient to accommodate the additional service bays and required parking for the retail use. The property is in the Southside Area Development Plan which recommends the area to develop with neighborhood commercial uses. Thc requested "B-4" District and it~ permitted uses are not consistent with the Plan's recommended had use. However, the expansion of an existing use within the existing are preWously approved would not adversely impact the residential properties. Mr. Salcla~a read the Pros and Cons containad in the Staff Report (Copy on File), and stated that Staff recommends dan/al of the B-4" District, and in lieu thereof, approval of a Special Permit for auto related uses subject to a site plan and four (4) condition. Uses. The only uses authofizad by this Special Perm/t other ~hs,~ those uses pe~nitted by right in the "B-I" Neighborhood Business Diswict are automobile sales, auto pans and tLre sales and service, and anWmofive repair, minor and major, provided all work be performed indoors and located in conformity with the attached site plan. Floor Area. The floor area within the Special Perrmt area shall not exceed 4,800 square feet. Speakers. OutSide paging, speakers, or telephone bells are prohibited. 87 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 13, B- 2A BARRIER ISLAND BUSINESS DISTRICT AND SECTION 27B- 7.01.C. RELATING TO USES ALLOWED IN THE DISTRICT AND STREET YARD REQUIREMENTS; PROVIDING FOR SEVERENCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27, 1999, during a meeting of the Planning Commission, and on Tuesday, December 14, 1999, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng 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 revising Article 13, B-?_A Barrier Island Business District, to read as follows: "ARTICLE 13. "B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS "Section 1371 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-2A" Barrier Island Business District. This district provides for a wide variety of business, commercial, and indoor/outdoor amusement uses which reflect the character of a resort area. Certain conditions shall be imposed which will preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Except as provided by Section 13-2, this Th!c district prohibits outdoor storage of any goods, -'nd "Section 13-2' Use Regulations. A building or premises shall be used only for the following purposes: "(1) Any use permitted in the "A-2" Apartment House District. "(2) Aquarium. "(3) Auditorium or gymnasium, or other amusement place in an enclosed building. Z13B2AR4.doc 88 "(4) "(5) -(6) -(7) "(e;,'8~ "(9) -(7)(10) -(11 "~13) "(I0)f14) "(!!)f15) "(12)(16) -(17) -(13)(18) "(14)(19) "(! "(!8)(21) "(17)(22) "(! 8)f23) "{-~24) 2 Automobile parking Pots and accessory off-street parking spaces, provided that no parking spaces shall project into the required front yards. Automotive parts sales within a buildinq containing less than 3,000 square feet in qross area with no service bays. Auto rental agencies. Automotive repair, minor, provided all work is performed inside of a buildinq. Bank or loan association. Boat and RV storaqe, indoor and outdoor storaq_e allowed. Boat sales and enclosed boat storage. Car washes. Child care centers. Fueling. Hospitals or clinics. Hotel, motor hotel, or motel. Marina. Mini-storaqe, enclosed. Museum. Offices and medical offices. Personal service uses, such as barber shops, beauty shops, tailor shops, dry-cleaning pick-up stations, steam baths, messenger or taxi stations, or studios for artists, musicians, or photographers. Restaurants with or without alcoholic beverages, tavern, or club. Retail store. Self-service laundries. Shoe repair, TV repair, small household appliances repair. Z13B2AR4.doc 89 3 "(2e)(25) All outdoor signs shall be used to advertise the principal business or activity conducted on the premises. No portable signs are permitted. No sign shall be permitted regardless of size, which revolve, move, flash, or make noise. No agency of the City of Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. "a) Freestanding Signs One freestanding sign shall be permitted on a site not exceeding sixty (60) square feet in area, thirty (30) feet in height or project above the roof line, and shall not occupy the required twenty (20) foot front yard. For a site with more than five hundred (500) feet of frontage, measured along the longest street, an additional freestanding sign not exceeding sixty (60) square feet may be permitted. "b) Wall Signs "All wall signs shall be attached flat against the wall, shall not project more than eighteen (18) inches from the wall and shall not project above the roof line of the building. No sign shall exceed one hundred (100) square feet, exc.ept that for each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area on one lot(s) shall not exceed one hundred fifty (150) square feet. "c) Wall Signs (Shopping Centers) "Each tenant may erect, on the face of the building, or hang from a canopy or overhang, one (1) square foot of sign for each front foot of tenant space that is occupied by the same tenant. No additional freestanding or temporary signage is permitted. Banners not exceeding twenty (20) square feet may be permitted for a period not to exceed thirty (30) days from the time of certificate of occupancy. "e) Commercial Real Estate Signs "Any lot or other area greater than one lot under one ownership may erect one (1) sign on each street frontage, setback from the front property line twenty (20) feet and shall not exceed sixteen (16) square feet. Z13B2AR4.doc 9O 4 ,_.,,26) Theater or amphitheater. (__)(27) Veterinary clinics, but no open kennels shall be permitted. Accessory buildings and uses, except the outside storage and outside sales area are not permitted. ,_ ,,28) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A-2 of this Ordinance. "Section 13-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. "Section 13-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. "Section 13-$ Height and Area Regulations. The height and area requirements shall be as set forth in the chart of Article 24, and in addition, the following requirements shall apply: "13-$.01 Except as authorized in Section 27B-9.A.1, no N~-building, fence, structure, or sign shall be permitted in front yard area as set forth in Article 24. "Section 13-6 Supplementary height and area regulations are contained in Article 27. "Section 13-7 Access Restrictions. No direct access to a local street is allowed, except for uses permitted in the "A-2" Apartment House District." "Section 13-8 Screeninq Requirements "13-8.01 Any __~! ..... use, other than a use authorized in an A-2 Apartment District, if adjacent to a local street, shall include a twenty foot landscaped setback area with a ............ s~x foot stucco finish ~¢ ~"; ..... tono behind the fence, described in § 13-8.03, ......... , landscaped setback area. ~,,~.. ....;. ~..~..~..~ .. m ..... (A) The stucco fence shall extend the width of the lot and for a distance of fifteen (15) feet alonq the side lot lines. Z13B2AR4.doc 91 5 (B) The remainder of the side lot line must be fenced with either a stucco fence of the same desiqn or a standard six (6) foot wood screeninq fence. "13-8.02 If any use, other than a use authorized in an A-2 Apartment District, is adjacent to a lot that has access only to a local street, then the rear lot line must be fenced with either a stucco fence as described "13-8.03 in § 13-8.03 or a standard six (6) foot wood screeninq fence. The six (6) foot stucco finish fence must be of an ivory tone and desiqned as stucco plaster on one of the followinq: (A) ('B) Concrete masonry units, %" or greater cement board and treated wood structure, or "13-8.04 (C) Pre-cast panels and concrete columns. The following uses must be screened along the front lot area and for a distance of fifteen (15) feet along the side lot lines with a stucco type fence described in Section ! 3 ~.0! 13-8.03. The remainder of the side lot lines and the rear lot lines adjoining lots that onlv have access to a local street, must be fenced with either a stucco fence of the same design or a standard wood screeninq fence: (A) Boat and RV storaqe, including outdoor boat and RV storage. (Bi Mini-storaqe, enclosed. "Section 13-9 Landscapinq Requirements "13-9.01 The landscaping requirements are in Section 27B-7.01C. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27B-7.01.C. to read as follows: Zl 3BZAR4.doc 92 6 "Section 27B-7 - Requirements for All Street Yards: "27B-7.0_11 The following landscape requirements shall be achieved for each respective zoning category, except for single and two-family dwellings, schools, colleges, churches, public buildings, public and private parks, golf courses, and other similar public and semi-public uses. Required landscaping for the above uses, excluding single and two-family dwellings, in any zoning district shall be achieved per Section 27B-9.A.3. "C. "B-2," "B-2A" ZONES In a B-2, the :T-he-minimum required landscaped area is either 80 percent of the entire area within the required front yard setback or 100 percent of the front yard setback area exclusive of driveway approaches, whichever is the less. The area shall be landscaped with plant material to achieve a minimum of 0.15 points per square foot of the area within the required front yard setback. The area within the remaining street yard is required to have a minimum of 15 percent landscaped area and shall achieve a minimum of 0.02 points per square foot of the remaining street yard. Each of these landscape areas and point requirements shall be calculated and complied with separately. "2. In a B-2A district for any use other than a sin.qle or two family dwelling, if the lot does not abut a local street, the minimum required landscaped area is either 80 percent of the entire area within the required front yard setback or 100 percent of the front yard setback area exclusive of driveway approaches, whichever is the less. The area shall be landscaped with plant material to achieve a minimum of 0.15 points per square foot of the area within the required front yard setback. The area within the remaininq street yard is required to have a minimum of 15 percent landscaped area and shall achieve a minimum of 0.02 points per square foot of the remaininq street yard. Each of these landscape area~s and point requirements shall be calculated and complied with separately. Z13B2.AR4.doc 93 7 "3. In a B-2A district any use other than a sinqle or two family dwe inq, ~f __~ ........ the lot abuts a local street,_ shall include a twenty foot landscaped setback area with a cc.-?.f~'-'c:~c six foot stucco ff~!ch type fence, required by Section 13-8, cf =~ irc."; tc~c behind the landscaped setback area. The minimum required landscaped area is 100 pement of the entire area-between thc f~_:c~_ :,",d the right-of-way line and the required stucco type fence. The area shall be landscaped with plant matedal to achieve a minimum of 0.20 points per square foot of the area between the side yard property lines, the fence and the local street right-of-way, A canopy trees listed in Section 27B- 14,03 shall be planted in the desiqnated landscape areas every 30 feet on center." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new subsection 27B-14.03 to Section 27B-14 to read as follows: Section 27B-14 Preferred Plant List. Landscape plants have been classified for local desirability according to the amount of litter they produce, their ability to withstand prevailing winds, compatibility with overhead and underground utilities and have been proven locally. It is important to note that not all of these plants can be used throughout the Corpus Christi area. Specific plant selection should be made after a thorough analysis of each site considering prevailing wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at maturity. Plants qualified for inclusion in the Preferred Plant List are as follows: 27B-14.03. Canopy Trees Scientific Name Common Name Carya illinoensis Pecan Casuarina cunninqhamiana Cupressus adzonica Australian Pine Arizona Cypress Ehretia anacua Anaqua Fraxinus berlandieriana Mexican Ash Fraxinus velutina Arizona Ash Ilex decidua Possumhaw Holly Zl 3B2AR4,doc 94 Melia azedarach "umbraculaformis" Texas Umbrella Tree Pinus eldarica Afqhan Pine Pithecellobium flexicaule Texas Ebony Mesquite Live Oak (nursery qrcwn) Western Soapberry Bald Cypress Cedar Elm Chinese Evergreen Elm 8 Prosopis spp. Quercus virginiana Sapindus drummondii Taxodium distichum Ulmus crassifolia Ulmus parvifolia SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a definition for "mini-storage, enclosed", as subsection 3-1.48.4, to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance and none other certain terms and words are hereby defined as follows: "3-1.48.4 Mini-storage, enclosed. Temporary storage of personal goods for holdinq or safekeeping in a depository, containing individual or separate bays not exceeding three hundred (300) square feet in area. Such storage building or buildings shall not exceed one (1) story in height. SECTION 5. 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 6. 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, Z 13B2AR4.doc 9 5 9 SECTION 7. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. 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 Chdsti. Z13B2AR4.doc 96 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2000, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott' That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the __ A'I-rEST: ,2000 by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. Armando Chapa City Secretary APPROVED: day of James R. Bray, Jr., City Attorney R. J,a~ ~/~ining / Sedior Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ,2000: 10 Z13B2AR4.doc 97 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: ~'anuary 11,2000) Case No. 1299-1, Hi-Lo Auto Suppiw L.P.: A change of zoning from a "B-I" Neighborhood Business District to a "B-3" Business District on Schanen Estates Unit I, Block 10, Lot 3A, located on the northeast comer of Weber Road and Schanen Boulevard. Planning Commission and Staff's Recommendation (12/08/99): Denial ofa "B-3" District, and in lieu thereof, approval of a Special Permit for a retail auto parts store subject to a site plan and four (4) conditions. Requested Council Action: Denial of a "B-3" District' and in lieu thereof, approval of a Special Permit for a retail auto parts store subject to a site plan and four (4) conditions and adoption of the attachad ordinance. Purpose of Request: To constroct a 6,600 square foot retail auto parts stere. Summary: The applicant has requested a change of zoning to a "B-3" Business District in order to develop the property with a 6,600 square foot retail auto parts store. An auto parts store is a permitted use in the existing "B-I" Neighborhood Business District but is limited to 3,000 square feet. The subject property is located along an arterial, Weber Road, and a collector street' Schanen Boulevard. Contiguous to the east of the subject property and also zoned a "B-I" District' is an apartment complex (The Parks) that fronts on Schanen Boulevard and Weber Road. To the north, is a 4-unit' I -story commercial building. South of the subject property across Schanen Boulevard is the Travis Baptist Church, zoned a "R-lB" One-family Dwelling District. West across Weber Road from the subject property, the area is zoned a "B-4" General Business District and developed with various commercial establishments. To date, the more intense commercial zoning districts have been restricted to the west side of Weber Road and at major intersections. The existing "B-I" District provides a transition between the high-inteusity commercial area on the west and the low-intensity residential area on the east. A "B-3" District permits the same high-intensity commercial uses as does a "B-4" Distxict; i.e. auto sales, auto repair, hotels, motels, bars, and dance halls, that can adversely impact the residential area. Allowing a "B-3" District on the east side of Weber Road could domino onto the area to the north. However, an auto parts store would be appropriate in this area given the subject property arterial frontage and proximity to established commercial uses and apartment units. A retail auto parts store limited to 6,600 square feet and prohibiting auto repairs on site could be accommodated by a Special Permit. As new construction, the proposed development would be required to comply with the Landscape Regulations. The Southside Area Development Plan recommends the area to develop with neighborhood business uses. Notification: Prior to the date of this memorandum, five (5) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. Planning Commission Action: Planning Commission recommended denial of the "B-3" Dislrict, and in lieu thereof, approved a Special Permit for a retail auto parts store subject to a site plan and three (3) conditions: 1) USES: The only use authorized by this Special Permit other than those uses permitted by right in a "B-I" Neighborhood Business Dis~ct is a retail auto parts store. 2) LANDSCAPING: Landscaping must be provided as shown on the attached site plan. All landscaping must be kept in a healthy and growing condition at all times. 3) FLOOR AREA: The floor area of the retail auto parts store shall not exceed 6,600 square feet. 99 Agenda Memorandum January 11, 2000 C~se No. 1299-1 Page 2 4) TIME LIMIT: This Special Permit expires one (I) year fi.om the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. Director of Planning MG/MS/er Attachments: 1) Site Plan 2) Zoning Report 3) Comments Received 4) Planning Commission Minutes 5) Ordinances H:\PLN-DIR~ERMA\WORD~AGENDME/v~ 12991AGNDOC Page Pages Page Pages Pages 3 4-11 12 13-14 15-18 100 •I' CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1299-I December 8, 1999 90-10 Hi-Lo Auto Supply, L. P. Schanen Estates Unit, Block 10, Lot 3A, located on the northeast comer of Schanen Boulevard and Weber 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: 0.681 acre (29,664 square feet) Same as above. "B-1" Neighborhood Business District "B-3" Business District Laundromat and cleaners. Construct a 6,600 square foot retail auto parts store. Not applicable. Adiacent Zoninm North, East - "B-I" Neighborhood Business District South- "R-1B" One-family Dwelling District West - "B-4" General Business District Adjacent Land Use: North - Retail/office building. South - (across Schanen Boulevard) Church. East - Apmtments. West - (across Weber Road) Retail center. ,q. Zoning Report Case No. 1299-1 (Hi-Lo Auto Supply, L. P.) Page 2 Number of Residential Units Allowed: "B-I' - 24 units (36.30 dwelling units per acre) "B-3" - Residential development is not permitted. Estimated Traffic Generation: Special retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 6,600 square feet of gross floor area = 268 average weekday vehieie trip ends. Adjacent Streets/Classification: a) Weber Road- arterial b) Schanen Boulevard - collector Right-of-Way Design Current: a) 100-foot right-of-way with a 66-foot back4o-back paved section. b) 60-foot right-of-way with a 40-foot back-to-back paved section. Planned: a, b) Same as current. 1996 Traffic Count (24-hour, weekday, non-directional): a) 33,290 vehicles per day. b) 3,280 vehicles per day. Zoning History of ProperW: There has been no rezoning activity within the past five (5) years. Recent Surroundinll Zoning Cases: In February 1991, the property at the southeast comer of Holly Road and Weber Road, north of the subject property, was granted a change of zoning to a "B-4" District increased signage. Zoning Inventory: The subject property is part of a 12.80-acre tract of land zoned a "B-I" District that is predominantly developed with an apartment complex. It also contains an office building and a laundry/cleaners business. Adjacent to the north and west of the "B-I" District is a 22.26-acre tract of land zoned a "B-4" District. This "B-4" District is developed with a bingo parlor, discount drug store, a food store and various other types of retail stores and restaurants. South and east of this "B-I" District, 103 Zoning Report Case No. 1299-1 (Hi-Lo Auto Supply, L. P.) Page 3 the area is zoned an "R-1B" District predominantly developed with single-family residences with a church on the west end of this disu-ict. Southwest of the subject property is a 10.99-acm tract of land zoned an "A-I" District developed with an apartment complex. Plannim, Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning to a "B-3" Business District in order to develop the property with a 6,600 square foot retail auto parts store. An auto parts store is a permitted use in the existing "B-I" Neighborhood Business District but is limited to 3,000 square feet. The subject property is located along an arterial, Weber Road, and a collector street, Schanen Boulevard. Contiguous to the east of the subject property and also zoned a "B-l" District, is an aparhuent complex (The Parks) that fronts on Schanen Boulevard and Weber Road. To the north, is a 4-unit, 1-story commercial building. South of the subject property across Schanen Boulevard is the Tmvis Baptist Church zoned "R-lB" One-family Dwelling District. West across Weber Road from the subject property, the area is zoned a "B4" General Business District*nd developed with various commercial establishments. To date, the more intense commercial zoning districts have been restricted to the west side of Weber Road and at major interseetious. The existing "B- 1" District provides a transition between the high-intensity commercial area on the west and the low-intensity residential area on the east. A "B-3" District permits the same high- intensity commercial uses as does a "B4" Dislriet; i.e. auto sales, auto repair, hotels, motels, bars, and dance halls, that can adversely impact the residential area. Allowing a "B-3" District on the east side of Weber Road could domino onto the area to the nortl~. However, an auto parts store would be appropriate in this area given the subject property arterial frontage and proximity to established commercial uses and apartment units. A retail auto parts store limited to 6,600 square feet and prohibiting auto repairs on site could be accommodated by a Special Permit. As new construction, the proposed development would be required to comply with the Landscape Regulations. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements cannot support the requested "B-3" District. The Southside Area Development Plan recommends the area to develop with neighborhood commercial uses. Approval of the "B-3" District would not be consistent with the Plan's reconmaended land use. potential Housing Density: A "B-I" District permits a density of 36.30 dwelling units per acre or 24 'units on the subject property. The requested "B-3" District does not permit residential dwellings. Therefore, the change of zoning would not impact the adjacent properties. Height/Bulk/Setbacks/Etc.: Both the "B- 1" and "B-3" Dislrict require a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where the setbacks would be ten (10) feet each. Buildings in the "B-I" District are limited to 35 feet not to exceed three (3) stories. There are no building height limitations in the 104 Zoning Report Case No. 1299-1 (Hi-Lo Auto Supply, L. P.) Page 4 "B-3" District. The lack of a building height limitation could impact the residential area should a multi-story structure develop on the subject property. Signage: Wall sJgn~ in the "B-I" and "B-3" Disu'icts are unlimited. A freestanding sign in the "B-I" District is limited to one sign not to exceed an area of forty (40) square feet and a sign height of twenty (20) feet. Freestanding signs in a "B-3" Disa'ict are unlimited as to size, height, or number provided they are not located within the front yard. If the sign is located within the front yard, it is limited to one sign per street frontage not to exceed an area of forty (40) square feet and a height of 25 feet. The unlimited signs could adversely impact the surrounding residential area. Traffic: The proposed retail auto part sales is estimated to generate approximately 268 daily vehicle trip ends. This amount oftraftic would not adversely impact the adjacent arterial or collector. Parking/Screening: Off-stxeet parking for a retail auto part sales is required at a rate of one parking space for each 200 square feet of gross floor area. The proposed 6,600 square foot building will be required to provide at least 33 parking spaces. The proposed site plan indicates that there will be 35 parking spaces provided. A standard screening fence with a height of not less than six (6) feet is required where a business or industrial uses abuts a residential district. Since the subject property does not abut a residential district, a screening fence will not be required. Costs to City: All of the infrastructure required to service the subject property and its proposed use is in place. No cost to the City is anticipated. · Platting: The subject property is a platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial without having to traverse a residential al'ea. b) The requested "B-3" District would be an expansion of the "B-4" District adjacem to the west. Cons: (Ideas in support of maintaining the current zoning.) a) The proposed retail auto parts store is a permitted limited to a floor area of 3,000 square feet. b) Approval of a "B-3" District on the east side of Weber Road could domino omo the adjacent properties. c) The proposed 6,600 square foot retails auto parts store could be accommodated with a Special Permit while maintaining the transition area between the high-intensity commercial area on the west and the low-intensity residential area to the east. 105 Zoning Report Case No. 1299-1 (Hi-Lo Auto Supply, L. P.) Page 5 Staff Recommendation: Denial of the "B-3" District, and in lieu thereof, approval of a Special Permit for a retail auto parts store subject to a site plan and the following conditions: USES. The only use authorized by this Special Permit other than those uses permitted by right in a "B-I" Neighborhood Business District is a retail auto parts store. LANDSCAPING. Landscaping must be provided as shown on the attached site plan. All landscaping must be kept in a healthy and growing condition at all times. FLOOR AREA. The floor area of the retail auto parts store shall not exceed 6,600 square feet. TIME LIMIT. This Special Permit expires one (1) year fxom the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Atlachments: Zoning and Ownership Map Ownership List Southside Area Location Map 106 t~ A 2 CAROLYN HE UNIT SUBJECT 2 A 1 HEIGHTS IT 1 : B--1 / '~ SCHANEN ESTATES \ TRAV1-S j3_AP-Tot'~ T CHURCH ,/ · - Property Owner in Favor / / X - Property Owner Opposed See Comments on Page(s) B'--4 Nov 19, 1999- RP CASE Z1299-1 ~ Subject property ~'~ O, mere within 200 feet listed on ottocflld omterlhip lilt -vial -h . ,. 111 rn LAIC/ CITY OF CORP"- CHRISTI CASE NO.: Z1299-1 HI -LO AUTO SUPPLY, L. P. PLANNING OF TMENT DATE: 11 09 9' 233 S.PATTERSON LIST TO ACCOMP. THE LABELS PAGE: 1 AUDIT TRAIL SPRINGFIELD, MO 65802 ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP 1/ 1 128400020020 WEBER SHOPPING CENTER LTEXAS LMTD PARTNERSHIP P 0 BOX 6950 CORPUS CHRISTI CAROLYN HGTS 01 SW 1.49' OF LT I & ALL LTS 2-A & 3 BLK 2 TX 78466 1 ZI 128400020040 NATIONS BANK C/O REAL ESTATE SERVICE400 S ZANG BLVD SUITDALLAS CAROLYN HGTS 81 LTS 4 THRU 6 BLK 2 TX 75208 1,31 777000100013 INTERCAPITAL PARK I LP7670 WOODWAY SAN FELIPE1121 EAST MAIN ST STHOUSTON SCHANEN ESTS .93 AC OUT OF LT 4 BK 10 TX 77063 13 1 777000100014 *INTERCAPITAL PARK I LP7670 WOODWAY SAN FELIPE1121 EAST MAIN ST STHOUSTON SCHANEN ESTS LT A-2 BK 10 TX 77063 1(31 777000100015 ■INTERCAPITAL PARK I LP7670 WOODWAY SAN FELIPE1121 EAST MAIN ST STHOUSTON SCHANEN ESTS 2.78 ACS OUT OF LT 4 BK 10 TR 3 TX 77063 13 1 777000100017 ■INTERCAPITAL PARK I LP7670 WOODWAY SAN FELIPE1121 EAST MAIN ST STHOUSTON SCHANEN ESTS 2.06 ACS OUT OF LT 4 BK 10 TR 4 TX 77063 1,31 777000100018 *INTERCAPITAL PARK I LP7670 WOODWAY SAN FELIPE1121 EAST MAIN ST STHOUSTON SCHANEN ESTS 2.01 ACS OUT OF LT 4 BK 10 TR 5 SgBJECT 1 1 777000100030 HARGIS DWAYNE ELMON TRDORIS HARGIS TRUST PROPERTY SCHANEN ESTATES LT 3 BLK 10 1511 881600010010 BAPTIST CHURCH -TRAVIS 4001 SCHANEN TRAVIS BAPTIST CHURCH LT 1 BLK 1 [5] HARGIS, DWAYNE SCHANEN ESTATES UNIT 1, BLOCK 10, LOT 3B LEROY SAN MIGUEL MAINTENANCE DEPT. C.C.I.S.D. P. 0. DRAWER 110 78403 4910 OLYMPIA 4910 OLY11PIA TX 77063 CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78413 CORPUS CHRISTI ■ SOUTHME AREA LOCATION MAP POINTS OF REFERENCE LEGEND SEE AMNOX'.' FOA PANTS OF REFERENCE NAMES At HIGH SCHOOL + HOSPITAL INMIDDLE SCHOOL * COMMUNITY PARK ELEMENTARY SCHOOL O.C.L.-OUTSIDE CITY LIMITS ---- AREA DEVELOPMENT PLAN (ADP) BOUNDARY .Ur to.,.wuxo.Rr 1. C 111 0 " LIME t.C'11 wxt NE ExOWx. E -.-.-.-.-CITY LIMIT LINE UW t.l IPI n. Uplalaa arSS Zoning Case No.: Z1299-1 Applicant: Hi -Lo Auto Supply, L.P. COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-1 Hi-Lo Auto Supply, L. P. · Favor }¢ - Opposed (Note: The listed numbers correspond to the attached map.) II. Notices returned 15om within the 200-foot notification area: Favor: None. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:',PLN-DIR~ERMA\WORD\COIVIMDATA\ 12991COM.DOC 110 Planning Commission Minutes December $, 1999 Hi-Lo Auto Supply, L p.: 1299-1 REQUEST: "B-I" Neighborhood Business District to "B-3" Business District on Schanen Estates Unit 1, Block 10, Lot 3A and located on the northeast comer of Weber Road and Schanen Boulevard Mr. Saldafla stated that the applicants requested a change of zoning to construct a 6,600 square foot retail auto parts store. The current s~uctare, which is a laundromat and cleaners would be demolished in order to allow construction of an auto par~ store. Mr. Saldatia continued that an auto parts store is a permiRed use in the existing "B-I" Neighborhood Business District, but is limited to 3,000 square feet. Contiguous to the east of the subject property and also zoned a "B-l" District, is an apartment complex (The Parks) that fronts on Schanan Boulevard and Weber Road. To the north, is a 4-unit, 1-story commercial building. South 'of the subject property and across Schanen Boulevard, there is a church, Travis Baptist Church, in an "R-lB" One-family Dwelling District. West and across Weber Road from the subject property, the area is zoned a "B-4" General Business District and developed with various types of commercial establlshmants. The existing "B-I" Dis~ict provides a transition between the high-intansity commercial area on the west and the low-intansity residential area on the east- A "B-3" District permits the same high-intensity commercial uses as does a "B-4" District, i.e., auto sales, auto repair, hotels, motels, bars, and dance halls, that can adversely impact the residential area to the north. An auto parts store would be appropriate in this area given the subject property arterial frontage and proximity to established commereial uses and apartment units. A retail auto parts store limited to 6,600 square feet and pmhthiting auto repairs on site could be accommodated by a Special Permit. Mr. Salchula stated that the site plan submitted by the applicant illustrates access to Schanen Boulevard and Weber Road and that Weber Road is designed to handle high la-affic volumes. The proposed development will be built and landscaped in accordance with the landscape ordinance. Mr. Salda~a read the Pros and Cons as stated in the Zoning Report (Copy on File) and stated that S~ff recommends denial of the "B-3" District, and in lieu thereof, approval ora Special Permit for a retail auto parts store subject to a site plan and the following conditions: Uses. The only use authorized by this Special Permit other than those uses permitted by right in a "B-1' Neighborhood Business Disl~ict is a retail auto parts store. Floor Area. The floor area oftbe retail auto parts store shall not exceed 6,600 square feet. Time Limit. This Special Permit expires one (1) year fi.om the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. There were five (5) notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or opposition. In response to Commissioner Richter's concern regarding issuance of a Special Permit for the 6,600 square foot building, Mr. Saldafla stated that if the business were not to succeed the building could be converted into office spaces, which are allowed in a "B-I" District. Vice Chairman Guzm~n opened the public hearing. Alan Fears, Springfield. Missouri, stated that he agreed with Staff's recommendation; however, requested that the Commission allow an 80-square foot sign for the smacture due to the fact that the 80-square foot sign was standard for the Hi-Lo/O'Reilly Auto Parts stores. Mr. Gunning informed Mr. Fears that the s~tucturo would be limited to "B-1" District sign regulations. In response to Commissioner Kelly's question regarding additional landscaping, Mr. Pierce stated that after review of the site plan and did not believe additional landscaping was necessary, but would consider to include two additional trees along Schanan Boulevard. 111 Plann~gCommi~ionMinut~ Decemb~8,1~9 P~¢2 Commissioner Berlanga questioned the response of other cities zoning districts with respect to sign regulations, Mr. Fears stated that although Hi-Lo/O'Reilly Auto Parts stores have standard signs, the company complies with all zoning requirements, by constructing signs that are within regulation. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to amend StafFs recommendation to include two (2) additional trees on Schanen Boulevard. Motion passed unanimously with Underbrink being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY HI-LO AUTO SUPPLY, L. P., BY GRANTING A SPECIAL PERM/T FOR A RETAIL AUTO PARTS STORE SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS ON LOT 3A, BLOCK 10, SCHANEN ESTATES UNIT 1; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PI,AN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WltEREAS, the Planning Commission has forwarded to the City Council its reports and reeomme~datlons concerning the application of Hi-Lo Auto Supply, L. P., for amendment to the zoning map of the City of Corpus Christi; WltEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 1 I, 2000, during a meeting of the City Council, in the Council Chambers, at City I-tall, 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, TI:Ile. REFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TFI'E CITY OF CORPUS CttRISTI, TEXAS: SECTION I. Tha~ the Zoning Ordinance of the City of Corpns Christi, Texas, is amended and a Special Permit is granted for a retail auto parts store on Lot 3A, Block 10, Schanen Estates Unit 1, located on the northeast comer of Weber Road and Schanen Boulevard. 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 four (4) conditions: 1..AIJ.OWED USES: The only use authorized by tiffs Special Permit, other than those uses permitted by fight in a "B-I" Neighborhood Business District, is a retail auto parts store. 2. LANDSCAPING: Landscaping must be provided as shown on the attached site plan. All landscaping must be kept in a healthy and growing condition at all times. 3. FLOOR AREA: The floor area of the retail auto parts store shall not exceed 6,600 square feet. 4. TIME LIMIT: This Special Permit expires one (I) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. H:\LEG-DIR\VERONICA\DDCURTISXMYDOCS\ 1999',P&ZO~[~l~DOYLEC~Z 129901A.DOC 15 2 SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended reflect the amendment to the Zoning Ordinance made by Section 1 ofth/s ordinance. SECTION 4. 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 m time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with thin ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpns 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 (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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon fast reading as an emergency measure on this 11 z day of January, 2000. A'I'FEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 29, 1999: James R. Bray, City .Attorney Doyle ll~Curtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR\VERONICA~DDCURTIS~viYDOCS[ 1999\P&ZO RD99\ DOYL £C'~Z 12~901 A.DOC ~4 la, AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY III-LO AUTO SUPPLY, L. P., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3A, BLOCK 10, SCHANEN ESTATES UNIT I, FROM "B-I" NEIGHBORHOOD BUSINESS DISTRICT TO "B-3" BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Pla,ning Commission has forwarded to the City Council its reports and recommendations concerning the application of Hi-Lo Auto Supply, L. P., for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January. 1 l, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all imerested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendmem 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 crrY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot 3A, Block 10, Schanen Estates Unit 1, located on the northeast comer of Weber Road and Schanen Boulevard, from "B-1" Neighborhood Business District to "B-3" Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendmem 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, 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 4. That to the extem 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-D|R\VERONICA~DDCURTIS~MYDOCS\ 1999\ P&ZO RD99\ DOYL £C~Z 129901 B.DOC 2 SECTION 6. That publication shall be made in the official publication of the City of Corpns 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 Cify 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 Char~er 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 11~' day of January, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chhpa City Secretm'y APPROVED: December 29, 1999: James R. B~.ray, City Attorney By: Doyle 1~/ Curtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~EG-DIR\VERONICA\DDCURTIS\MYDOCS\ 1999\P&ZORD99\DOYLEO, Z 129901 B-DOC 12 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11, 2000) Case No. 1299-4, Rev Ramos: A change of zoning from an "A-I" Apartment House District to a "B-I' Neighborhood Business District on David Brown Tract, being the east half of Lot 19, located on the northwest comer of Sonora and Cleo Streets. Planning Commission and Staff's Recommendation/12/08/99): Approval. Requested Council Action: Approval ofa "B-I" District and adoption of the attached ordinance. Purpose of Request: Parking lot for proposed restaurant establishrnent to the west. Summary: The subject property is a 0.19 acre tract of vacant land, proposed as a parking lot area, to serve the proposed adjacent restaurant to the west. This property is located on a comer that serves as an entrance to the single- family residential area. According to the applicant the subject properW had been used for parking by citizens when a parking overflow occurred at the adjacent former grocery store. Since the grocery store has been closed, parking has not occurred on the subject property. With the reopening of this facility, as a restaurant, the perspective owners recognize that parking is an issue that must be addressed. In order to provide adequate parking for the prOposed restaurant patrons, additional space was sought on the subject site to enhance the development. Notification: Prior to the date of this memorandum, twenty-seven (27) notices were mailed to the property owners within a 200-foot radius, of which one was returned in favor and one (1) was retamed in opposition. A letter was submitted in favor from the owner of the subject property. Director of Planning MG/MS/er Attachments: 1) ZoningReport Pages 2-11 2) Comments Received Page 12 3) Planning Commission Minutes Page 13 4) Ordinance Pages 14-15 H:~PLN-DIR~ERMA\WORD~AGENDMEiV~ 12994AGN.DOC 117 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1299-4 December 8, 1999 80-1 Rey Ramos David Brown Tract, being the east half of Lot 19, located on the northwest comer of Sonora and Cleo Streets. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning: 1.19 acre/8,200 square feet Same as above. "Aol" Aparhnent House District "B-1" Neighborhood Business District Vacant. Parking lot for proposed restaurant establishment to the west. Not applicable. North - "R-1B" One-family Dwelling District South - (across Sonora Street) "B4" General Business District East - (across Cleo Street) "R-lB" One-family Dwelling District West - "B-4" General Business District Adjacent Land Use: North - Single-family residences. South - (across Sonora Street) Commercial uses East - (across Cleo Street) Single-family residences. West - Vacant commercial building. Zoning Report Case No. 1299-4 (Rey Ramos) Page 2 Number of Residential Units Allowed: "A-I"- 4 units (21.78 units per platted lot) "B-I" - 6 units (36.30 dwelling units per pla~ted acre) Estimated Traffic Generation: High-turnover restaurant - 205.36 average weekday vehicle trip en~ per 1,000 square feet of gross floor area x 2400 square feet of gross floor area = 492.86 average Weekday vehicle trip ends. Adiacent Streets/Classification: a) Cleo Street - local b) Sonora Street - local Right-of-Way Design Current: a, b) 50-foot right-of-way with a 28-foot back-to-back paved section. Planned: a, b) Same as current. 1996 Traffic Count (24-hour, weekday, non-directional): a, b) None available. Zoning History of Property: None. Recent Surroundin~ ZoninK Cases: In November 1997, a change of zoning from an "R-IB" District to a "B-4" District was denied on Lot 3, located five (5) lots north of the subject site along Cleo Street. The purpose of the reques~ was to expand a Port Avenue auto repair facility by providing an addinonal parking area for vehicles with scheduled rep/firs. In July 1996, a change of zoning to an "I-2" District was denied on Lot 12, located on the southwest comer of Alamo SWeet and South Port Avenue (northwest across South Port Avenue from the subject property), and in lieu thereof, granted a Special Permit for a vehicle impound lot. In July 1997, the City Council granted a 6-month extension to the Special Permit. 119 Zoning Report Case No. 1299.-4 (Rey Ramos) Page 3 In November 1995, the adjacent lots to the northwest and southwest were granted a change of zoning to a "B-4" District to malign the "B-4" zoning boundary along the rear property lines. Zoning Inventor,': The subject property is part of a larger area zoned an "R-lB" District that extends east to the Croastown Expressway. This area is predominantly developed with single-family residences. Adjacent to the north are single-family residences and to the south across Sonora Sweet are commercial establishments. Adjacent to the west is a vacant commercial building that formerly operated as a grocery store and now proposed as a restaurant. The parking lot proposed on the subject property will serve as an additional parking area for the proposed restaurant. Planning Staff Analysis: General Characteristics and Background: The subject property is a 0.19 acre tract of vacant land, proposed as a parking lot area, to serve the proposed adjacent restaurant to the west. This property is located on a comer that serves as an entrance to the single-family residential area. According to the applicant the subject property had been used for parking by citizens when a parking overflow occurred at the adjacent former grocery store. Since the grocery store has been closed, parking has not occurred on the subject property. With the reopening of this facility, as a restaurant, the perspective owners recognize that parking is an issue that must be addressed. In order to provide adequate parking for the proposed resta ~urant patrons, additional space was sought on the subject site to enhance the development. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District as a transitional district between the existing "B4" District to the south and "R-1B" District to the north. Additionally, driveway access along Cleo Street is not allowed by a commercial use abutting a residential zone, per the Driveway Ordinance. The Westside Area Development Plan's adopted future land use map recommends the area to develop with Iow- density residential uses. The requested "B-I" District is not consistent with the Plan's recommended land use. Potential Housing Density: The "A-I" Distr/ct permits 21.78 dwelling units per platted acre, but not more than four (4) units per platted lot on the subject site. The "B-I" District permits a density of 36.30 units per platted acre or six (6) units on the subject site. Height/Bulk/Setbacks/Etc.: The "A-I" District requires a front yard setback of 20 feet and side and rear yard setbacks of five (5) feet for single-family and duplex uses. Multi-family development in an "A- 1" District would require a front setback of 20 feet and a side and rear yard setback often (10) feet for a one-story structure, plus an additional five (5) feet for each additional story, but not to exceed thirty (30) feet. A "B-I" District requires a front yard setback of twenty (20) feet and a 1 O-foot side setback along Sonora Street due to the subject property being a comer lot. An interior side yard often (10) feet is required on the subject 120 Zoning Report Case No. 1299-4 (Rey Ramos) Page 4 property due to its adjacency to a residential district. The "A-I" District provides for a building height not to exceed 45 feet or three (3) stories. In the "B-I" District, a building is limited to 35 feet in height or not mom than three (3) stories. Sign age: An "A-1" District permits a wall sign of thirty (30) square feet for properties with less than 100 feet of street frontage or forty (40) square feet for other properties. A fi.eestanding sign with a height often (10) feet may be permitted in lieu of the wall sign. Wall sign.q in a "B-l" District are unlimited. Freestanding signs in the "B-l" District are limited to one (1) sign per premise with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: The proposed restaurant is estimated to generate approximately 492 daily trip ends along South Port Avenue. This traffic increase would not adversely impact the South Port Avenue capacity. Traffic access is not allowed per the Driveway Ordinance along Cleo Street, thus limiting traffic fi.om traversing the residential area. Parking/Screening: Restaurants are required to provide one (1) parking space for each 100 square feet of gross floor area or 24 spaces for the existing 2,400 square foot building. Landscaping and a six (6) foot solid screening fence are required along the north property line of the subject property. Landscaping of the parking lot is required along Sonora and Cleo Streets. Costs to City: All infrastructure required to service the needs of the subject property is in place. There are no anticipated costs to the City. · Platting: The subject property is platted and further replatting is not required. Pros: (Ideas in support of the request.) Access to the residential street, Cleo Street, is prohibited by the Driveway Ordinance and, therefore, the impact of the parking use would be minimum. b) The requested "B-I" District and use would act as a transitional zone between the general commercial district to the south and Iow-density residential development to the east. Cons: (Ideas in support of maintaining the current zoning.) The requested "B-I" District is not consistent with the Westside Area Development Plan's recommended land use. b) Approval of the "B-1" Disthct would extend the commemial encroachment further east into the residential neighborhood. 121 Zoning Report Case No. 1299-4 (Rey Ramos) Page 5 Staff Recommendation: Attachments: Approval. Zordng and Ownership Map Ownership List Southside Area Location Map HAPLN-DIR~ERMA\WORD~ZONRPTS\ 129904RE.DOC 122 · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) Nov 19. 1999 - RP 0 100 20C CASE Z1299-4 )0 Subject property O~ers within 200 feet listed on attucbed ownership list N A S' AUID(-A CITY OF CORPI'^ CHRISTI REY RAMOS PLANNING DI TMENT 4453 GOLLIHAR ROAD 78411 LIST TO ACCOMI THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 11 1 017100000010 GUTIERREZ RENE RAY 2733 CLEO ALVAREZ PLACE SE/2 OF LT B OUT OF LTS 3 & 4 IZ 1 101100030010 RIVERA SANTIAGO AND ROSA RODRIGUEZ BROADMOOR PK 2 LT 1 BK 3 13 1 101100030020 NOBLES ELMER R 2805 SARITA BROADMOOR PK 2 LT 2 BK 3 ly 1 101100030090 ARANDA ROBERTO 2814 CLEO BROADMOOR PK 2 LT 9 BK 3 15 1101100030100 PEREZ GUILLERMO ET UX ISABEL PEREZ BROADMOOR PK 2 LT 10 BK 3 14-1 161100030118 MIRELES REYNALDO BROADMOOR PK 2 LT 11 BK 3 17 1 101100030120 MIRELES REYNALDO JR BROADMOOR PK 2 LT 12 BK 3 Ig 1 101100040080 GARCIA ANTONIO JR BROADMOOR PK 2 LT B BK 4 2806 CLEO 2909 GRACIELA 2729 SARITA 19 1 101100040090 MONTALVO ISRAEL M ET UXEMMA P BROAOMOOR PK 2 LT 9 BK 4 Ilul 101100040100 ALVAREZ MANUEL SR ET UX2737 SARITA BROADMOOR PK 2 LT 10 BK 4 [111 101100040110 SIERRA, KATHLEEN BROADMOOR PK 2 LT 11 BK 4 11-11 101100040120 BARNES J S BROADMOOR PK 2 LT 12 BK 4 113 1 101100040130 TREJO COSME JR BROADMOOR PK 2 LT 13 BK 4 2741 SARITA 2745 SARITA PO BOX 71073 ADDRESS LINE2 2801 SARITA 2810 CLEO 2733 SARITA CASE No.: 21299•� DATES 11 22 " PAGE: I CITY/ST ZIP CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78467 '4U157 -A CITY OF CORP"- CHRISTI PLANNING D! TMENT LIST TO ACCOMI THE LABELS AUDIT TR! ACCOUNT NAME ADDRESS LInEI ADDRESS LINE2 ILII 101100040140 ESCOBAR ELEUTERIO F JR CORINA C ESCOBAR 129 GLENDALE BROADMOOR PK 2 LT 14 BK 4 ISI 101100040150 GARCIA ZARAGOSA V 2738 CLEO BROADMOOR PK 2 LT 15 BK 4 I/� 1101100040160 TORRE JOSE H ET UX MARIM TORRE BROADMOOR PK 2 LT 16 BK 4 117 1 101100040170 GONZALEZ OSCAR ET UX DIANA BROADMOOR PK 2 LT 17 BK 4 IIYI 101100040180 CARDONA ESTHER R 2726 CLEO BROADMOOR PK 2 LT 18 BK 4 1111 108500000010 MORAIDA ANGELA C ET VIRJOSE MORAIDA DAVID BROWN ADDN LT B-1 I;vl 108500000140 GHX INCORPORATED %AD VALOREM TAX DEPT DAVID BROWN SUED TRACT 14A It'll 108500000150 ROSALES LUCID V ET UX L309 CORTEZ ST DAVID BROWN ADDN LT 15A 12=1 108500000160 WILLETTE GEORGE ET UX DAVID BROWN SUED TRACT 16 SUBJECT I 1 108500000190 GUERRA FELIPA D PROPERTY DAVID BROWN ADDN TRACT 19 1231 106500010010 GONZALEZ LYDIA C DAVID BROWN LT 1 BK 1 17,11 108500010020 GONZALEZ HECTOR RENE DAVID BROWN LT 2 BK 1 L251 108500010040 VILLARREAL LUCIA A DAVID BROWN ADDN LTS 4 & 5 BK 1 5710 MC ARDLE RD 4625 JANSSEN DR 438 LOUISIANA AVE 615 BLUNTZER 2730 CLEO 2729 CLEO ST P 0 BOX 3265 145 LAKE SHORE DR 4625 JANSSEN 2818 SOUTH PORT AVENUE 2818 S PORT AVENUE 3705 TRIPOLI DR CASE NO.: Z1299-4 DATE: 11 22 9 PAGE: 2 CITY/ST ZIP CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 HOUSTON TX 77253 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78415 ■ IAU157-A ACCOUNT NAME CITY OF CORPII" CHRISTI PLANNING DE TMENT LIST TO ACCOMP. THE LABELS AUDIT TRAIL ADDRESS LINE1 ADDRESS LINE2 4625 JANSSEN 120 108600000170 ■GUERRA FELIPA D 4625 JANSSEN DR DAVID BROWN TR .344 AC OUT OF TRS 17 & 18 121)1 108600000210 GONZALEZ HECTOR RENE 2818 S PORT AVE DAVID BROWN TR .185 AC OUT OF TR 21 CASE NO.: 21299-4 DATE: 11 22 9f PAGE: 3 CITY/ST ZIP CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78405 annnnnn:ni�n Douro cuormm ovin c nnnT -006 BRMID-CKV GORI+Ys 611Ri6Ti. HIGH TERRACE PT LTS 18 & 19 & ALL LT 20 BLK 3 TX 78405 wLe : e:nnnnnenn� n ene��i c� otr�onn "120 BCCA RAT011 CORRYS C11RiCTI HIGH TERRACE LTS 1 & 2 BLK 5 TX 78413 75 HI4QQ46Qnvn 4;A4;' W Is IN to VAK* I GH TERRACE LT 3 BLK 5 TX 78404 HIGH TERRACE LTS 50 THRU 52 BLK 5 TX 78404 1� l logs O000 015 o Qerr4 DAVID BROWN, TRACT 19 rn [27]-FEX 5 DEPARTMENT OF TRANSPORTATION PORT AVE'NDE"RTGRT-OF -WAY LEROY SAN MIGUEL MAINTENANCE DEPT. C.C.I.S.D. P. 0. DRAWER 110 78403 ^1f.2S SSnssr T�f• 1701 S. PADRE ISLAND DR. CORPUS CHi2ISTI TX 78416 ■ N V POINTS OF REFERENCE LEGEND SEE APPENOW W FON "IS OF REFERENCE NAMES HIGH SCHOOL COMM. PARK ® JUNIOR M.S. NEIGH. PARK m ELEM. SCH. W& HOSPITAL A O OTHER CITY LIMIT LINE ----- AREA DEVELOPMENT PLAN BOUNDARY PORT O.C.L.-OUTSIDE CITY LIMITS v TIAg T/ ET 16� I \ tp \ SAO wk 1 � 1 A A .. WESTSIDE Ai, _,k LOCATION MAP � STATE NWT ISS U AYER ST. �. e1Ty r� fin. x SOUTHI G A6 `C Zoning Case No.: Z1299-4 Applicant: Rey Ramos i£`\ OLET i C sp rP fr IIN r uxe cetkIEXCxT 1A rrn CORPUS CHRISTI BAY Up"M 3IS8 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-4 Rey Ramos Favor Opposed (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 4) Robert (David) Amnda, 2814 Cleo St. No written comment. Opposition: 25) Lucia A. Villarreal, 3705 Tripoli Dr. "Sonora Street is too narrow for traffic going in there." II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: Felipa D. Guerra, 4625 Langsen Dr. No written corrtment. Opposition: None. H:~ULNoDIR~ERMA\WORD\COMMDATA\ 12994COM.DOC /,.z Planning Commission Minutes December 8, 1999 Rey Ramos: 1299-4 REQUEST: "A-I" AparUnent House District to "B-I" Neighborhood Business District on David Brown Tract, being ~he east half of Lot 19, and located on the northwest coroer of Sonora and Cleo Sireets Mr. Saldafla presented a slide illustration of the subject property and the surrounding area. The area is predominantly developed with single-family residences. Adjacent to the north are single-family residences to the south and to the south across Sonora Sffeet are commercial establishments. The parking lot proposed on the subject property will serve az additional parking area for ~he proposed development. Mr. Saldafla stated that according to the applicant, the subject property had been used for parking by citizens when a parking overflow occurred at the adjacent former grocery store and that since the grocery store has been closed,~ parking has not occurred on the subject properVy. The subject property is in the Westside Area Development Plan which recommends the area to develop with low-density uses. Mr. Saldafla continued that the "B-I' District would serve az a transitional district between the existing "B-4" District to the south and the "R-IB" District to the north. Mr. Saldafla read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that there were 27 notices mailed to property owners within a 200-foot radius of the subject property of which one (1) was received in favor and one (I) was received in opposition and that there was a notice received from the owner in favor. Therefore, Staff recommends approval of the rezoning request. Vice Chairman Guzm/m opened the public hearing. Rey Ramos, applicant representing Key Olivares, stated that the owners are in favor of Staff's recommendation. Public hearing wazclosed. Motion by Sween-McGloin, seconded by Kelly, to re-open the public bearing. Motion passed unanimously with Underbrink being absent. Commission discussed with Mr. Ramos landscaping requirements and determined that additional landscaping was not necessary. Public hearing was closed. Motion by Mires, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Underbrink being absent. 129 AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY REY RAMOS, BY CHANGING THE ZONING MAP IN REFERENCE TO THE EAST HALF OF LOT 19, DAVID BROV/N TRACT, FROM "A-I' APARTMENT HOUSE 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 EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application ofRey Ramos, for amendment to the zoning map of the City of Corpns Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 11, 2000, 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 of the east half of Lot 19, David Brown Tract, located on the northwest comer of Sonora and Cleo Streets, from "A-1" Aparm~ent House District to "B-I' Neighborhood Business District. 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 l 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, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on tkis date, remain in full force and effect. SECTION 4. That to the extem 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 pans of ordinances in conflict with this ordinance are hereby expressly repealed. H:kLEG-DI R~.VERONICA~DDCURTIS\M YDOCS\ 1999\P&ZORD99~DOYLECXZ 129904A.DOC 130 2 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 role 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 11a day of January, 2000. ATTEST: TI:IE CITY OF CORPUS CItRISTI Annando Chapa City Secretary APPROVED: December 29, 1999: James R. J~,ray, City Attorney_ . Doyle Df.~urtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR\VERONICA~ODCURTIS~MYDOCS\ 1999~P&ZORD99XDOYLEOZ 129904A.DOC 13 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: Janua~ 11, 2000) Case No. 1299-5, Fred V. Espinosa: A change of zoning from a "B-5" Prima~ Business District to an "A~2" Apar'anent House District on Extension to South End, Block 10, Lot 3, located on the southwest comer of Coleman Avenue and Brownlee Boulevard. Planning Commission and Staff's Recommendation (12/08/99): Approval. Requested Council Action: Approval of an "A-2" District and adoption of the attached ordinance. Purpose of Request: To construct a single-family residence. Summary: The applicant has requested a change of zoning from a "B-5" Primary Business District to an "A-2" Apar~ent House District in order to construct a single-family residence on the vacant subject lot. Although the "B-5" District permits multi-family uses, three units or more, it does not permit single-family uses. The requested "A-2" Disltict would be considered an expansion of the adjacent "A-2" District as well as consistent with the mix of single and multi-family uses. The adopted South Central Area Development Plan encourages the preservation of this residential neighborhood. Notification: Prior to the date of this memorandum, twenty-eight (28) notices were mailed to the property owners within a 200-foot radius, of which one was returned in favor and none were returned in opposition. Planning Commission Action: Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-11 2) Comments Received Page 12 3) Planning Commission Minutes Page 13 4) Ordinance Pages 14-15 H:~PLN-DI R~E RMA\WOKDLa. G ENDM E1VE 12995 AGN.DOC 133 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1299-5 December 8, 1999 70-14 Fred V. Espinosa 0.15 acre (6,582 square feet) Same as above. "B-5" Primary Business District "A-2" Apartment House District Undeveloped land. Construct a single-family residence. Extension to the South End, Block 10, Lot 3, located on the southwest comer of Coleman Avenue and Brownlee Boulevard. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Not applicable. Ad|acent Zoning: North, South - "A-2" Apartment House Dis~ct East- "B-I" Neighborhood Business District West - "B-5" Primary Business District Adiacent Land Use: North - (across Coleman Avenue) Multiple-family dwelling units. South - Single-family residence. East - (across Brownlee Boulevard) Vacant building West - Multiple-family dwelling units. 134 ~- Zoning Report Case No. 1299-5 (Fred V. Espinosa) Page 2 Number of Residential Units Allowed: "A-2" - 5 units (36.30 units per acre) "B-5" - The number of units is dependent on the height of the building and compliance with the parking requirements. Estimated Traffic Generation: Single-family residence - I 0 average weekday vehicle trip ends per dwelling unit x 1 dwelling unit = 10 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Coleman Avenue - local b) Brownlee Boulevard - collector Right-of-Way Design Current: a) 50-foot right-of-way with a 28-foot back-m-back paved section. b) 60-foot right-of-way with a 40-foot back-to-back paved section. Planned: a, b) Same as current. 1996 Traffic Count (24-hour, weekday, non-directional): a, b) None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In January 1991, Lots 9 through 12, located on the northeast comer of Hancock Avenue and Brownlee Boulevard and southeast of the subject property, were denied a change of zoning from an "A-2" District to a "B4" District, but were granted a Special Permit for an ambulance service facility. Zoning Inventory: The subject property is part of a 4.62-acre tract of land zoned a "B-5" District that is predominantly developed with residential uses. There are two (2) lots in the area that are zoned a "B-I" District. The tract to the east contains a vacant building and the tract to the north remains tmdeveloped. The 135 Zoning Report Case No. 1299-5 (Fred V. Espinosa) Page 3 adjacent "A-2" District has an area of 128.18 acres that extends north to Agnes Street, south to Hancock Avenue, east to S. Alameda Street and west to 19t~ Street. This "A-2" District is developed with a mixture of single-family and multiple-family residential and contains vacant lots scattered throughout the area. Northeast of the subject property, there is a 1.54-acre tract of land zoned a "B-4" District that contains a distributor and an auto repair facility. North of this "B4" District is a 14.14-acre tract of land zoned an "I-2" District that contains a mixture of residential, commercial and industrial uses. South of the subject property, there is a 34-acrc tract of land zoned an "R-2" District that is predominantly developed with single-family residences. Planning StaffAnaivsis: General Characteristics and Backeround: The applicant has requested a change of zoning from a "B-5" Primary Business District to an "A-2" Apartment House District in order to construct a single-family residence on the vacant subjecflot. Although the "B-5" Distxict permits multiple-family uses three units or more it does not permit single-family uses. The requested "A-2" District would be considered an expansion of the adjacent "A-2" District as well as consistent with the mix of single and multi-family uses. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "A-2" District. The South Central Area Development Plan's adopted future land use map recommends the area to remain a residential neighborhood. The requested "A-2" District would reduce the commercial zoning and be consistent with the adopted Plan. ' Potential Housing Density: The existing "B-5" District does not have any density limitations. An "A-2" District permits a density of 36.30 dwelling units per acre or five (5) units on the subject property. The change of zoning would have the residential density compatible with the surrounding area. Height/Bulk/Setbacks/Etc.: There are no building setbacks required in the "B-5" District unless adjacent to a residential district where a building setback often (10) feet would be required. The "A-2" District requires a front yard setback of twenty (20) feet and a side and rear yard setback of five (5) feet each for single-family and duplex uses. Multiple-family development requires a side and rear yard setback often (10) feet for the first story plus an additional five (5) feet for each additional story up to a maximum setback of thirty (30) feet. Building heights in the "B-5" District are unlimited. The "A-2" District limits the building height to 60 feet not to exceed four (4) stories. Si~nage: The "B-5" District permits un/imited wall and freestanding signs. It also permits off-premise signs (billboards). The "A-2" District would permit the subject property one wall sign not to exceed thirty (30) square feet. A change of zoning will reduce the amount of signs permitted in the area. Zoning Report Case No. 1299-5 (Fred V. Espinosa) Page 4 Traffic: A single-family unit would generate ten (10) daily trip ends, which is less than a commercial development's 54 daily trip ends. The change of zoning would reduce the potential traffic in the area. Parkine/Scmening: A single-family residence is required to provide two (2) off-street parking spaces. Multiple-family development is required to provide 1.5 parking spaces for each one-bedroom unit and two (2) parking spaces for each unit containing two (2) bedrooms or more. 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 residential development. · Costs to City: The infrastructure required to serve the subject property is in place. · Platting: The subject property is a platted lot. Pros: (Ideas in support of the request.) Approval of the "A-2" District would reduce the amount of commemial zoning in a predominantly residential area. b) The "A-2" District is consistent with the South Central Area Development Plan and would be an expansion of the adjacent "A-2" District. Cons: (Ideas in support of maintaining the current zoning.) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List South Central Area Location Map H:XPLN-DIR\ERMA\WORD~ZON RPTS\ 129905 KKDOC 137 A-2 MAR'f A-~.2' COLEMAN STRF.~T L~J HANCOCK AV~. Nov 19, 1999 0 CASE Z1299-5 "R- ,-2 UNiT 2 5 , , m I ' Property Owner in Favor ~ Prope~y Owner Opposed See Comments on Page(s) ! ~. ~ Subject property ~ ~ers within 2~ f~t I~;ted on ottoched ~ershi0 list , , 7-/~ 138 �4U157-A FRED V. ESPINOSA CITY OF CORPI10 CHRISTI PLANNING DE �MENT 1604 COLEMAN 78401 LIST TO ACCOMF )HE LABELS AUDIT TR, ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 11 1 235000040010 RODRIGUEZ JOSE JR A/W DELIA M RODRIGUEZ 1014 11TH ST EXT TO S END W/2 OF LT 1 BK 4 1 1 235000040015 VEGA AMADA V 723 12TH EXT TO S END E/2 OF LT 1 BK 4 I ' 1 235000040020 FLORES JUAN MADRID ET U715 TWELFTH ST EXT TO S END N/2 LT 2 BK 4 1 1 235000040025 JOBBERS WAREHOUSE INC 2404 GRAND BLVD EXT TO S END S/2 OF LT 2 BK 4 1--' 1 235000040040 ■JOBBERS WAREHOUSE INC 2404 GRAND BLVD EXT TO S END LTS 4 TO 5 BK 4 jell 235000040060 QUEZADA QUALITY HOMES BAGENT: JOSE P QUEZADA P 0 BOX 5276 EXT TO S END LT 6 BK 4 I 1235000050010 SMITH CONSUELO F 929 CARMEL PKWY EXT TO S END LT 1 BK 5 w 1O IL 1235000050030 BARRERA CAROLINA LEAL 6938 DUNDEE EXT TO S END LTS 2 8 3 BK 5 1-"1 235000050040 CABRERA FRANCES P 718 14TH ST EXT TO S END LT 4 BK 5 1r 1 235000050050 RIDDICK WM P 8546 BROADWAY STE 209 EXT TO S END LT 5 BK 5 1-1 235000050060 RIDDICK WILLIAM P 8546 BROADWAY STE 209 EXT TO S END LT 6 BK 5 IIb1 235000060010 SYLVESTER KEITH E ETUX MICHELLE H EXT TO S END E 65 FT OF LTS 1 2 BK 6 715 S BROWNLEE 2502 CROSS TIMBER II.1 235000090010 FUENTES ANTONIA ET AL C/O ANTONIO FUENTES JR 803 14TH ST EXT TO S END 1 2 AND 3 OF BK 9 CASE NO.: Z1299-5 DATE: 11 22 9' PAGE: 4 CITY/ST ZIP CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78401 PEARLAND TX 77581 PEARLAND TX 77581 CORPUS CHRISTI TX 78465 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78401 SAN ANTONIO TX 78217 SAN ANTONIO TX 78217 COLLEGE STATION TX 77840 CORPUS CHRISTI TX 78404 m L AU157-A ACCOUNT NAME 235000100010 TAPIA FRANK EXT TO S END LT 1 BK 10 11.31 235000100020 BAYERLEIN MARJORIE EXT TO S END LT 2 BK 10 CITY OF CORP1'^ CHRISTI PLANNING Df TMENT LIST TO ACCOMF THE LABELS AUDIT TRAIL ADDRESS LINE1 ADDRESS LINE2 4113 CARLTON 782 PENNINGTON SUBJECT 11.1 235000100030 RAMIREZ ELIDA ELVIRA 610 PHILOMENA DR PROPERTY EXT TO S ENO LT 3 BK 10 A 0 L1 I lilt 235000100040 SHEKEL INVESTMENTS INC P 0 BOX 6843 EXT TO S END LT 4 BK 10 II --1 235000100050 NAVA TERESA MOR£NO 806 14TH ST EXT TO S END LT 5 BK 10 II`_,I 235000100060 NAVA ABUNDIO WF MARIA TERESA EXT TO S END LT 6 BK 10 1/1-1 235000110010 LEAL JOSEFA A 809 12TH ST EXT TO S END LT 1 BK 11 11 1 235000110020 LONGORIA FRANK M ETUX 461 UNIVERSITY EXT TO S END LT 2 BK 11 11o1 235000110030 AVALOS SANDRA ALVARADO 803 12TH STREET EXT TO S END LT 3 BK 11 11(11 235000110040 SILVA JESSE EXT TO S END LT 4 BK 11 I 'U 235000110050 GALICIA G GUBELINA EXT TO S END N/2 OF LT 5 BK 11 1711 235000110055 GUZMAN MARGARITA MRS EXT TO S END S/2 OF LT 5 BK 11 1 '21 235000110060 PALOMARES MARTIN EXT TO S END LT 6 BK 11 922 BOOTY STREET 806 S BROWNLEE 361 OLD ROBSTOWN RD 2306 NIAGARA 806 14TH ST 450 TEXAS AVE CASE NO.: Z1299-5 DATES 11 22 9' PAGE: 5 CITY/ST ZIP CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78466 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78404 CORPUS CHRISTI TX 78408 CORPUS CHRISTI TX 78405 'AU157-A CITY OF CORP'^ CHRISTI CASE NO.: Z1299-5 PLANNING Dt TMENT DATE: 11 22 9' LIST TO ACCOMf 'OE LABELS PAGE: 6 AUDIT TR ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP - I '.1 514000020060 AVALOS CRESENCIO JR 901 12TH ST CORPUS CHRISTI MEULY C A LT 6 BK 2 TX 78404 1;111 514000020070 GONZALEZ REVOCABLE LIVIJUAN M/GENEVIEVE GONZALS402 SANTA FE CORPUS CHRISTI MEULY C A LTS 7& 8 BK 2 TX 78411 I.' 1514000020090 RELIABLE AMBULANCE SERVP 0 BOX 3887 P 0 BOX 4007 CORPUS CHRISTI MEULY C A LTS 9 THRU 12 BK 2 TX 78463 1,.1 514000030040 GARZA MANUEL H ET UX 913 1/2 S BROWNLEE CORPUS CHRISTI MEULY C A LT 4 BK 3 TX 78404 I 1514000030050 GONZALEZ JUAN M 3402 SANTA FE CORPUS CHRISTI MEULY C A LT 5 BK 3 TX 78411 I `.I 514000030060 GARCIA ALBERTO (BETO) J3629 S SAXET P O BOX 4481 CORPUS CHRISTI MEULY C A LT 6 BK 3 TX 78408 I 1 514000030070 *GONZALEZ REVOCABLE LIVIJUAN M/GENEVIEVE GONZAL3402 SANTA FE CORPUS CHRISTI MEULY C A LT 7 BK 3 TX 78411 A IAI 514000030080 GONZALES JUAN EST OF C/O HAAS JOHN RECR 3402 SANTA FE CORPUS CHRISTI MEULY C A LT 8 SK 3 TX 78411 I'A 514000030090 SANDOVAL ARSELITA 912 14TH ST CORPUS CHRISTI MEULY C A LT 9 BK 3 TX 78404 514000040060 ORTIZ ENRIQUE 2030 ISLLA DR CORPUS CHRISTI MEULY C A LT 6 BK 4 TX 78416 I. 1 541000080010 BARRERA BALDE V %ANTONIO SALDANA/AVELIA713 S BROWNLEE BLVD CORPUS CHRISTI MORRIS AND MITCHELL S 55X96FT OF LTS 1 AND 2 BK 8 TX 78401 _ 1 1 541000080020 SHIRLEY BRADLEY W P 0 BOX 260074 CORPUS CHRISTI MORRIS AND MITCHELL N84.16X96FT OF LIS 1 AND 2 BK 8 TX 78426 IydI 541000080030 ROCHA EVELIA 4502 ADKINS CORPUS CHRISTI MORRIS AND MITCHELL LT 3A BK 8 TX 78411 '%U157 -A CITY OF CORP11^ CHRISTI CASE NO.: Z1299-5 PLANNING OF TMENT DATE: 11 22 9c LIST TO ACCOMP. THE LABELS PAGE: 7 AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP Il,,l 541000080040 MORRIS AND ■ROCHA MITCHELL EVELIA LT 4A BK 8 4502 ADKINS CORPUS CHRISTI TX 78411 1 of 541000080060 MORRIS AND ■ROCHA MITCHELL EVELIA W16.07' OF 4502 ADKINS CORPUS CHRISTI LT 5 & ALL LT 6 BK 8 TX 78411 1 31 541000090030 MORRIS AND *JOBBERS MITCHELL WAREHOUSE W 39.82' INC 2404 GRAND BLVD PEARLAND LT 3 ALL 4 THRU 6 BK 9 TX 77581 LEROY SAN MIGUEL MAINTENANCE DEPT. C.C.I.S.D. P. 0. DRAWER 110 78403 A N SOUTH CENTRAL AREA LOCATION MAP BROADWAY CENTRAL ADP ~, HiGH SCHOOL ] MIDDLE SCHOOL ] ELEMENTARY SCHOOL O OTHER HOSPITAL COMMUNITY PARK !',~ · NEIGHBORHOOD PARK OUTSIDE CITY LIMIT AREA DEVELOPMENT PLAN (ADP) SOUNDARY ......... CITY LIMIT LINE BEACH Zoning Ca~e No.: Z1299-5 Applicant: Fred V. Espinosa 143 /t COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-5 Fred V. Espinosa Favor Opposed (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 14) William Lipman, President, Shekel Investments, Inc., P. O. Box 6843 No written comment. 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:~PLN~DIR~ERMA\WORD\COMMDATA\ 12995 COM,DOC 144 Planning Commission Minutes December 8, I999 Fred V. Espinosa: 1299-5 REQUEST: "B-5" Primm-y Business District to "A-2" Apartment House DisI~ict on Extension to the South End, Block 10, Lot 3 and located on the southwest comer of Coleman Avenue and Brownlee Boulevard Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. Mr. Saldafia stated that the applicant requested a change of zoning to construct a single-family residence on undeveloped land. The existing "B-5" District allows multiple-family development of three (3) units or more, but prohibits single- family residences. The requested "A-2" District would allow the applicant to construct the single-family dwelling and the district would be an expansion of the adjacent "A-2" District. The property is located within the South Central Ama Development Plan which recommends the area to remain a residential neighborhood. Mr. Salda/ia read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staffrecommends approval of the rezoning request. There were 28 notices mailed to property owners within a 200-foot radius of the subject property of which one was returned in favor and none were returned in opposition. Vice Chairman Guzm~in opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Underbrink being absent. 145 13 AN ORDINANCE AMENDING TH~ ZONING ORDINANCE UPON APPLICATION BY FRED V. ESPINOSA, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 10, EXTENSION TO SOUTH END, FROM "B-5" PRIMARY BUSINESS DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AMENDING 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 Fred V. Espinosa, for amendment to the zoning map of the City of Corpus Christi; WIt~REAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planmng Commission, and on Tuesday, January I I, 2000, during a meeting of the City Council, in the Council Chambers. at City Ha/I, 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 O} CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot 3, Block I0, Extension to South End, located on the southwest comer of Coleman Avenue and Brownlee Boulevard, from "B-5" Pr/mary Business District to "A-2" Apartment House District. SECTION 2. That the official Zordng Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section l 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, 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 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 x~fth this ordinance are hereby expressly repealed. tq:\LEG-D[R\VERONICAXDDCUP..T1S\MYDOCS\I999',P&ZORD99\DOYLECXZI29905A.DOC 146 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 (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 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 11' day of January, 2000. ATTEST: CITY OF CORPUS CItRISTI AJ'mando Chapa City Secretary. APPROVED: December 29, 1999: James 1L~Bray, City. Anomey Doyl~. C~'fis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR\VERONICA\DDCURTIS~MYDOCS\ 1999\P&ZORD99\DOYLEC~ 12~905 A,DOC 14 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11, 2000) Case No. 1299-9, It. E. Butt Grocery Compan¥/JDS Investments: A change of zoning from an "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business DisWict on La Arboleda Subdivision, Block 3, Lots 1 through 15, located on the northeast comer of Tarlton and McArthur Streets. Planning Commission and Staff's Recommendation (12/08/99): Approval. Requested Council Action: Approval of a "B-I" District and adoption of the attached ordinance. Purpose of Request: Loading and parking area for planned supermarket. Summary: The subject area is comprised of fifteen (15) platted and "R-lB" zoned lots, totaling 1.61 acres, that have been developed with single-family homes. All lots front McArthur Street, a local street. The applicant purchased the subject lots and requested a "B-I" Neighborhood Business District in order to redevelop these lots as a loading dock and employee parking for the planned 82,000 square feet supermarket to be located on the adjacent vacant 6.5 acre "B-4" zoned site fronting South Por~ Avenue, an arterial, and Tarleton Street, a collector. The primary customer access and parking area for the planned supermarket will be off of South Port Avenue, with secondary access and parking being from Tarleton Street. Store deliveries also will enter the site from Tarleton Street. Access to McArthur Street, being a local resdiential street, would not be allowed per the Driveway Ordinance thereby minimizing commercial traffic from traversing the residential area. This, in effect, would limit commercial traffic from traversing through the residential area. To better protect the residential area from noise and to aesthetically enhance the proposed development, a landscaped masonry wall is proposed along the McArthur Street side of the subject area by the developer. H.E.B. representatives have held neighborhood meetings to discuss their plans. The resulting site plan includes the recommendation made by the neighborhood. Notification: Prior to the date of this memorandum, forty-seven (47) notices were mailed to the property owners within a 200-foot radius, of which three (3) were returned in favor and none were returned in opposition. Three (3) lettem in favor were returned in favor from subject property owners. Planning Commission Action: Director of Planning MG/MS/er Attachments: 1) Zoning Report Page 2 2) Comments Received Pages 3-14 3) Planning Commission Minutes Page l 5 4) Ordinance Pages 17-18 H:~PLN-DIRLERMA\WORDL4.GENDMEM~ 12999AGN.DOC 149 CITY COUNCIL ZONING REPORT Case No.: 129%9 Planning Commission Hearing Date: December 8, 1999 Map No.: 80-1 Applicant: H.E. Butt Grocery Company/ JDS Investments Legal Description/Location: La Arboleda Subdivision, Block 3, Lots 1 through 15, located on the northeast comer of Tarlton and McArthur Streets. 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: 1.61 acres/70,131.60 square feet 8.11 acres "R-1B" One-family Dwelling District "B-1" Neighborhood Business District Single-family residences. Loading and parking area for planned supermarket. Not applicable. North - "R- I B" - One-family Dwelling District South -(across Tarlton Street) "R-1B"- One-family Dwelling District East - "B-4" General Business District West - (across McArthur Street) "R-lB" One-family Dwelling District, "A-2" Apruh,ent House District, and "B-4" General Business District 153 Zoning Report Case No. 1299-9 (H. E. Butt Grocery. Company/JDS Investments) Page 2 Adjacent Land Use: North - Single-family residences. South - (across Tarlton Street) Single-£amily residences. East - Vacant land and non-profit establishment. West - (across McArthur Street) Single/multi-residences and church. Number of Residential Units Allowed: "R- 1B" - 15 units (1 dwelling unit per platted lot) "B-I' - 58 units (36.30 dwelling units per platted acre) Estimated Traffic Generation: Supermarket - 15 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 82,000 square feet of gross floor area = 1,230 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Tarlton Street - collector b) McArthur Street - local Right-of-Way Design Current: a) 60-foot right-of-way with a 40-foot back-to-back paved section. b) 50-foot right-of-way with a 28-foot back-to-back paved section. Planned: a) Same as current 1991 Traffic Count (24-hour. weekday, non-directional): a) Tarlton street - 7,270 vehicles per day (at South Port Avenue) b) McArthur Street - None. Zoning History of Properl~: None. Zordag Report Case No. 1299-9 (H. E. Butt Grocery Company/JDS Investments) Page 3 Recent Surrounding Zoning Cases: In April 1998, the property to the east, at the comers of South Port Avenue and Niagara Street and Niagara Street and Shely Street was granted a change of zoning fi.om an "R-IB" District to a "B-I" Neighborhood Business District, for the purpose of establishing a mortuary. Zoning Inventory: The subject area is part of an established 23-acre single-family residential tract, zoned predominantly with an "R-lB" District. Scattered lots along the west and south periphery of the subject area are developed with multi-family uses and a church. The zoning on the scattered sites range fi.om "R-2", "A-2", "B-I", and "B-4". Property east of the subject area, and primarily along South Port Avenue, contains approximately 13 acres of "B4" District property. Such property is developed with commercial uses and a non-profit establishment within the northern portion of the District while the southern portion of the District remains vacant. The vacant "B-4" property adjoining the subject area to the east is included in the overall development plans for the proposed supermarket. Planning Staff Analysis: General Characteristics and Background: The subject area is comprised of fifteen (15) platted and "R-IB" zoned lots, totaling 1.61 acres, that have been developed with single-family homes. All lots front McArthur Street, a local street. The applicant purchased the subject lots and requested a "B-1" Neighborhood Business District in order to redevelop these lots as a loading dock and employee parking for the planned 82,000 square feet supermarket to be located on the adjacent vacant 6.5 acre "B4" zoned site fronting South Port Avenue, an arterial, and Tarleton Street, a collector. The primary customer access and parking area for the planned supermarket will be off of South Port Avenue, with secondary access and parking being from Tarleton Street. Store deliveries also will enter the site from Tarleton Street. Access to McArthar Street, being a local resdiential street, would not be allowed per the Driveway Ordinance thereby minimizing commercial traffic from traversing the residential area. This, in effect, would limit commercial traffic fi.om traversing through the residential area. To better protect the residential area from noise and to aesthetically enhance the proposed development, a landscaped masonry wall is proposed along the McArthur Street side of the subject area by the developer. H.E.B. representatives have held neighborhood meetings to discuss their plans. The resulting site plan includes the recommendation made by the neighborhood. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District as a transitional district between the existing "B-4" District to the east and "R-I B" District to the west. Additionally, access along McArthur Street, a local roadway, is not provided per the development plans of the subject area and Driveway Ordinance, thus limiting traffic from 155 Zoning Report Case No. 1299-9 (H. E. Butt Grocery Company/JDS Investments) Page 4 traversing through the residential area. The Westside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. The requested "B- 1" District is not consistent with the Plan's recommended land use. Potential Housing Density: The "R-IB" District permits 7.26 dwelling units per platted acre, but not more than one (I) unit per platted lot or fifteen (15) dwellings on the subject area. The "B-I" District permits a density of 36.30 milts per platted acre or 58 un/ts on the subject area. Hei~hffBulk/Setbacks/Etc.: The "R-IB" DisU-ict requires a front yard setback of 25 feet and side and rear yard setbacks of five (5) feet each. A "B-I" District requires a front yard setback of twenty (20) feet, applicable along McArthur Street. A side or rear yard is not required, unless adjacent to a residential district. Such adjacency to a residential district would require a ten- (10) foot setback of the commercial property. Commercial development on Lot 15 of the subject area requires a side yard setback often (I0) feet along the north property line. Both the "R-lB" and "B-I" Districts limit building heights to 35 feet, not exceeding three (3) stories. Signa~e: The "R-lB" District permits one (1) wall sign not to exceed one (1) square foot. Wall signs in a "B-I" District are unlimited. Freestanding signs in the "B-I" District are limited to one (I) sign per premise with an area of forty (40) square feet a~,d a height of twenty (20) feet. Traffic: The proposed supermarket is estimated to generate approximately 1,230 daily trip ends along the South Port Avenue and Tarlton Street areas. This traffic increase would not adversely impact the South Port Avenue and Tarlton Street capacity. Traffic access is not planned along McArthur Street, thus limiting traffic from traversing the residential area. Parkin~/Screenine: The proposed supermarket consisting of 82,000 square feet is required to provide one (1) parking space for each 100 square feet of gross floor area or 820 spaces. Proof of parking compliance will be required during the site plan review through the Building Division. A masonry fence is not required, but is proposed by H.E.B. along the west, north, and south property lines of the subject area. By ordinance, the subject area is only required to provide a six- (6) foot screening fence along the north property line due to its adjacency to the residential area. Landscaping of the parking area and the building portion with adjacency to a public right-of-way is required. Costs to City: All infrastructure required to service the needs of the subject area are in place. Platting: The subject area, containing fifteen (15) lots, is proposed for replatting into one (1) lot. An easement closure on the subject area and the existing "B-4" property to the east is proposed for the supermarket and is being processed by the Engineering Department for Council action. 156 Zoning Report Case No. 1299-9 (H. E. Butt Grocery Company/JDS Investments) Page 5 Pros: (Ideas in support of the request.) a) b) Access to McArthur Street is prohibited by the Driveway Ordinance due to commercial development being restricted from having driveway access on local streets adjacent to residentially zoned property. The requested "B-I" District would act as a transitional zoning between the general commercial district to the east and low-density residential development to the west. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "B-1" District is not consistent with the Westside Area Development Plan's recommended land use. b) Approval of the "B-1" District would extend the commercial encroachment further west into the residential neighborhood. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List Southside Area Location Map H:\PLN-DIR\EKMA\WOKD~ZONRPTS\ 129909RE.DOC 157 SUBJECT PARCEL / ! ! ! R-1 B ~<--'; ::/::, "-4~'~/"-.'; . '~_~.'~._ : ..z '~%D~.~. .' 20 ' -Proper, Ow.eri. /'-./..../ --... , ~ ,, 'l o.~ ,;~'"W',. ~. J~" ~¢~-W.~.~.~:.. X Proper~yOwnerOpposed ~,1:', :o/: t'~ '-.z ,>-.~; . ? :,/'hq / /, See Comments on Page(s) I~ Nov 22. 1999 - RP lo0 CASE Z1299-9 ~7~ Subject property ottoched mmership I 158 1'kU157-A CITY OF CORP1l" CHRISTI OSCAR RODRIGUEZ CASE NO.: Z1299-9 H. E. BUTT GROCERY CO./ PLANNING DE -MENT T11 23 9'. LIST TOAACCOMP. jHE LABEL gAPE-DAWSON ENGINEEWAGR. 3 JDS INVESTMEmTS ITTR. 555 E. RAMSEY, SAN ANTONIO, TEXAS 78,, 646 S. MAIN, SAN ANTONIO, TEXAS 7840?' ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP I/ 1 011600000010 HOLMES WILLIAM 11 P 0 BOX 3372 CORPUS CHRISTI ALAMO 2 LT I TX 78404 1 011600000060 GONZALEZ MRS CATALINA CC\O RACHEL CANALES P 0 BOX 730 PREMONT ALAMO 2 LT 6 TX 78375 13 1 011600010030 GOODWILL INDUSTRIES OF 2961 S PORT CORPUS CHRISTI ALAMO 2 LTS 3 4 & 5 TX 78405 111 062600000010 GOODWILL IND S TX INC 2961 S PORT AVE CORPUS CHRISTI BENAVIDES ADD OUT OF E/4 OF N/4 LT 3 PAISLEY TX 78405 Ii� l 139600030190 FLORES MARCELO 2510 GUADALUPE CORPUS CHRISTI CASA BLANCA LT 19 BK 3 TX 78405 l�,l 139600030200 LERMA, ANGELITA 1453 BUENOS AIRES ST 1453 BUENOS AIRES CORPUS CHRISTI CASA BLANCA LT 20 BK 3 TX 78417 I'll 139600030210 SAENZ ANGELITA H % REMEDIOS VILLA 2502 GUADALUPE ST CORPUS CHRISTI CASA BLANCA LT 21 BK 3 TX 78416 1}:1 139600030220 HINOJOSA NERO 2501 TARLTON ST CORPUS CHRISTI CASA BLANCA LT 22 BK 3 TX 78415 1•II 139600030230 RAMOS MARIANA F 2505 TARLTON CORPUS CHRISTI CASA BLANCA LT 23 SK 3 TX 78416 ll,�l 139600030240 MARTINEZ BENITO C ET UX2509 TARLTON CORPUS CHRISTI CASA BLANCA LT 24 BK 3 TX 78416 Ml 139600030250 MARTINEZ BENITO C 2513 TARLTON ST CORPUS CHRISTI CASA BLANCA LT 25 BK 3 TX 78415 li2l 139600080270 LUGO SAN JUANITA 3114 MCARTHUR CORPUS CHRISTI CASA BLANCA LT 27 BK 8 TX 78416 Ilj 1 139600080280 BLUM DALE M ET UX LAURA301 E DEWEY CASSVILLE CASA BLANCA LT 28 BK 8 53806 n ■ 0 CASE NO.: Z1299-9 DATE: 11 23 9S PAGE: 4 CITY/ST ZIP CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78416 SAN DIEGO TX 78384 SAN DIEGO TX 78384 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78401 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78412 '4U157 -A CITY OF CORPIly CHRISTI PLANNING DE TMENT LIST TO ACCOMP. THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 I((1 139600080290 CASTILLO JULIA 3106 MAC ARTHUR ST CASA BLANCA LT 29 BK 6 II`.I 139600080300 CRUZ AURORA S AND LARRYC/0 BELINDA CORY 3102 MAC ARTHUR CASA BLANCA LT 30 BK 8 SUBJECT I `I 403200030010 RIOS DARIO P 0 BOX 321 PROPERTY LA ARBOLEDA LT 1 BK 3 of I•I'1 403200030020 •RIOS DARIO P 0 BOX 321 LA ARBOLEDA LT 2 BK 3 I' I'1 403200030030 DE LEON JOSEFINA 3054 MAC ARTHUR LA ARBOLEDA LT 3 BK 3 It I 1 403200030050 LOPEZ JAIME SR ET UX 3046 MC ARTHUR LA ARBOLEDA LTS 4 & 5 BK 3 " 1 1 403200030060 VALDEZ SANTOS 3038 MAC ARTHUR LA ARBOLEDA LTS 6 & 7 BK 3 o I 1403200030080 LOPEZ JAIME C 3606 REDWOOD LA ARBOLEDA LT 8 BK 3 " I 1403200030090 GOMEZ NICOLAS JR ET UX 3030 MAC ARTHUR LA ARBOLEDA LT 9 BK 3 403200030100 MORENO DOMINGA ARAIZA 3026 MAC ARTHUR ST LA ARBOLEDA LT 10 BK 3 n I %'1 403200030110 SANDOVAL ROSENDO JR & ROSA R SANDOVAL 3018 MC ARTHUR LA ARBOLEDA LT 11 BK 3 F. 1 403200030120 SANDOVAL ROSENDO ET UX 3018 MAC ARTHUR ST LA ARBOLEDA LT 12 BK 3 1 403200030130 MARTINEZ GUADALUPE P 901 ASHLAND". LA ARBOLEDA LT 13 BK 3 0 CASE NO.: Z1299-9 DATE: 11 23 9S PAGE: 4 CITY/ST ZIP CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78416 SAN DIEGO TX 78384 SAN DIEGO TX 78384 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78401 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78412 '4U157 -A C1 .+F CORPI' CHRISTI I', -ii NG DF 'MENT LIST i,i ACCOMF }IE LABELS AUDIT TR. ACCOUNT NAME ADDRESS LINE1 SUBJECT I il 40S200DS014O *MARTINEZ GUADALUPE P 901 ASHLAND PROPERT•- LA ARBOLEDA LT 14 BK 3 m a I;S'I 403200030150 LASOS GENOVEVA V LA ARBOLEDA LT 15 BK 3 I 1 403200030160 TURINCID YNDALECIO LA ARBOLEDA LT 16 BK 3 I 1 403200030170 HERNANDEZ CECILIA LA ARBOLEDA LT 17 BK 3 3006 MCARTHUR 31102 MAC ARTHUR ADDRESS LINE2 % ESPERANZA H SALAZAR 2942 MCARTHUR ST 11:1 403200030180 CARDENAS CANDELARIO ET 2936 MAC ARTHUR LA ARBOLEDA LT 18 BK 3 II+i 403200030190 MOLINA ISRIA AND DOMINGO CHAVEZ LA ARBOLEDA LT 19 BK 3 I.,1 403200030200 MARTINEZ HIPOLITO E 2930 MACARTHUR LA ARBOLEDA LT 20 BK 3 Izll 403200040170 GONZALEZ EDUARDO G 2514 TARLTON LA ARBOLEDA LT 17 & NW16.6' OF LT 18 BK 4 Iz'I 403200040190 GONZALEZ EDUARDO ET UX HELICA G LA ARBOLEDA SE25.8' OF LT 18 & ALL LT 19 BK 4 1 1 403200040200 PENA HIPOLITO 3061 MAC ARTHUR LA ARBOLEDA LTS 20 & 21 BK 4 403200040220 RODRIGUEZ PEDRO H ET UX2526 MONTGOMERY LA ARBOLEDA LT 22 BK 4 I 'II 403200040230 LOPEZ JULIA DEBRA SAAVEDRA LA ARBOLEDA LTS 23 & 24 BK 4 I `'I 403200040250 GONZALEZ EDUARDO 2517 WAINWRIGHT LA ARBOLEDA LTS 25 & 26 BK 4 2934 MrARTHUR 2514 TARLTON 6947 WASHITA WAY CASE NO.: Z1299-9 DATE: 11 23 9' PAGE: 5 CITY/ST ZIP CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 76416 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 76405 SAN ANTONIO TX 76256 CORPUS CHRISTI TX 78405 C rn N N 'AU157-A CITY OF CORPP" CHRISTI PLANNING DF TMENT LIST TO ACCOMP THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINEI 403200050180 LOPEZ FILEMON ET UX NOR2514 WAINWRIGHT LA ARBOLEDA LTS 18 & 19 BK 5 1211 4032D0050200 OROZCO MICHAEL LA ARBOLEDA LTS 20 & 21 BK 5 403200050220 VELASQUEZ RICHARD R LA ARBOLEDA LTS 22 & 23 BK 5 1,0 403200050240 GARZA EDWARD S ET UX LA ARBOLEDA LT 24 BK 5 2901 HAMMON RD #2803 2501 MONTGOMERY MARGARITA P GARZA kt,l 403200050250 RODRIGUEZ ANDRES JR ET IRMA L LA ARBOLEDA LT 25 BK 5 403200060180 MARTINEZ FRANK 2514 MONTGOMERY LA ARBOLEDA LT 18 BK 6 I 1403200060190 GALLARDO JESUS 2510 MONTGOMERY LA ARBOLEDA LT 19 BK 6 403200060200 GARCIA DAVID C/O ROLANDO VELASQUEZ LA ARBOLEDA LTS 20 & 21 BK 6 I,kI 403200060220 TEMPLO EL DIVINO SALVAD3009 MACARTHUR LA ARBOLEDA LT 22 BK 6 1"!_1j1 403200060231 TEMPLO EL DIVINO SALVAD3009 MACARTHUR LA ARBOLEDA LT 23 BK 6 I ::,I 403200060240 RAMIREZ MARY F LA ARBOLEDA LT 24 BK 6 1,?(,I 403200060250 BALBOA SEVERO LA ARBOLEDA LT 25 BK 6 1'01 403200070170 TREVINO TITO P LA ARBOLEDA LTS 17 & 18 BK 7 2509 DUNBAR 4909 GABRIEL DR 2514 DUNBAR CASE NO.: Z1299-9 DATE: 11 23 9' PAGE: 6 ADDRESS LINE2 CITY/ST ZIP CORPUS CHRISTI TX 78405 BAY CITY TX 77414 CORPUS CHRISTI TX 78405 2509 MONTGOMERY STRECORPUS CHRISTI TX 78405 1813 ANDREWS DR CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 2502 MONTGOMERY CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 NUECES COUNTY COURTHCORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78405 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78405 ' +U157 -A CITY OF CORP11^ CHRISTI PLANNING DE "4ENT LIST TO ACCOMP. HE LABELS ' AUDIT TRA ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 13,> 403200070190 IBANEZ MARIA YOLANDA 3602 TIGER LANE LA ARBOLEDA LT 19 BK 7 1`(1 403200070200 LANDIN LUZVMINDA A 2918 MCARTHUR P O BOX 270032 LA ARBOLEDA LIS 20 & 21 BK 7 1[Ii 403200070220 SANCHEZ SANDRA LUZ 720 AVE I LA ARBOLEDA LT 22 BK 7 I1(il 403200070230 BALBOA GUADALUPE 6430 OAKBROOK DR. 4909 GABRIEL DR LA ARBOLEDA LT 23 BK 7 1121 761400010220 MARTINEZ REBECCA 3113 SARITA SAN DIEGO UNIT NO 1 LT 22 BK I 1,11,1 761400010230 REYNA FRANCISCO B ETAL3826 LA PAZ SAN DIEGO UNIT NO 1 LT 23 BK 1 III`II 761400010240 DAVILA AURORA 3105 SARITA SAN DIEGO UNIT NO 1 LT 24 BK 1 rn W Izi'I 761400010250 RIOS OLGA G & ROBERT G 3101 SARITA SAN DIEGO UNIT NO 1 LT 25 BK 1 I,J,I 761400070120 BERLANGA DAVID SR ET UX7. MARY ALICE B GONZALES110 OCEAN VIEW PL SAN DIEGO UNIT NO 1 LT 12 BK 7 1', 11 761400070130 GARZA ESPERANZA 2250 GUADALUPE SAN DIEGO UNIT NO 1 LT 13 BK 7 I.EROY SAN MIGUEL 'MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. 0. DRAWE- 110 78403 1 03 CASE NO.: Z1299-9 DATE: 11 23 9 PAGE: 7 CITY/ST ZIP CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78405 SINTON IX 78387 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78416 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78416 ■ 164 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-9 H. E. Butt Grocery Company/JDS Investments · Favor ~ Opposed (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: II. III. Favor: l) 13) 23) William H. Holmes, 3002 S. Port Ave. No written comment. Dale M. Blum, 301 E. Dewey, Cassville 53806 No written comment. Pedro Rodriguez, 2526 Montgomery No written comment. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: · Maria Gomez, 3030 McArthur (owner) No written comment. · Guadalupe P. Martinez, 901 Ashland (owner) No written comment. · Jose G. Sandoval, 3018 McArthur (owner) No written comment. Opposition: None. H:\PLN-DIRXERMA\WORD\COMMDATA\ 12999COM.DOC 165 Planning Commission Minutes December 8, 1999 H. E. Butt Grocery Company/IDS Investments: 1299-9 REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business Disltict on La Arboleda Subdivision, Block 3, Lots I through 15, and located on the northeast corner of Tarlton and McArthur Streets Mr. Saldafla presented a slide illusn'ation of the subject property and the surrounding areas. The subject area is comprised of 15 platted lots totaling 1.61 acres, and is developed with single-family residences zoned "R-1B" District. Scattered lots along the west and south periphery of the subject area are developed with multi-family uses and a church. The zoning on the scattered sites range from "R-2", "A-2", "B-l', and "B--4" Districts. Property east of the subject area, and primarily along South Port Avenue, contains approximately 13 acres of "B-4" District property. Such property is developed with commercial uses and a non-profit establishment within the nordaem portion of the District while the southern portion of the District remains vacant. Mr. Saldafia stated that Staff recommends approval of the requested zoning change. There were 47 notices mailed to propett3' ownem within a 200-foot radius of which three (3) were returned in favor and none in opposition. Three (3) notices were received fi.om subject property owners in support of the request. Commissioner Noyola opened the public hearing. Debbie Lindsey Opal, representing HEB, 4326 Kostoryz, stated that HEB review the need to develop the subject property and decided to pursue their discovery. Dennis Ryan, engineer for HEB, 555 E, Ramsey, illustrated a site plan for the proposed future HEB store and stated that the company had been discussing plans for the subject property for 18 months. Discussions have been held with the neighborhood, as well as various entities involved with the City and public transportation. Mr. Ryan stated that plans include closing HEB #10 and #11, which are in need of repair and routing customers to the proposed HEB at Tarlton Street and Port Avenue. , Mr. Ryan responded to questions fi.om the Commission regarding dampster location, pedestrian and public access, as well as, landscaping issues. Mr, Ryan stated that with regard to pedestrian access in the rear of the store, due to the delivery truck deliveries, it would not be advisable to provide pedestrian access at the rear of the store. The landscaping would be in place of a masonry or wooden fence to shield the residence facing the establishment and at the same type provide greenery, in the area. Mr. Ryan continued that HEB has been discussing curbcuts to allow public buses to be able to cut into a lane which would be provided solely for the public buses. Luis Wetstone, Unit Director, stated that in HEB's opinion, the location of the proposed HEB would better serve the community due to the proximity of distance between the two stores. Mr. Wetstone continued that he has been working with various vendors to provide authentic items for the neighborhood and that HEB would be able to better serve the community by providing the neighborhood with items necessary. Robert Genack, 321 Texan Trail, provided the Commission with a site plan of the proposed landscaping for the proposed establishment. Commissioner Noyola closed the public hearing. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Guzm~in abstaining and Underbrink being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY H. E. BUTT GROCERY COMPANY/JDS INVESTMENTS, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS I THROUGH 15, BLOCK 3, LA ARBODELA SUBDIVISION, 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 EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of ri. E. Butt Grocery Company/JDS Invesnnents, for amendment to the zoning map of the City of C6rpns Christi; WHEREAS, with proper notice to the public, public heatings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 11, 2000, during a meeting of the City Council. in the Council Chambers, at City Hail, 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 of Lots 1 through 15. Block 3, La Arbodela Subdivision, located on the northeast comer of Tarlton and McArthur Streets. from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District. SECTION 2. That the officiai 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, 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 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\VERONICA\DDCURTIS\MYDOCS\ 1999\P&Z(J~99\DOYLEC~Z 129909A DOC SECTION 6. That publication shall be made in the official publication of the City of Corpm 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 (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 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 11~' day of January, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary, APPROVED: December 29, 1999: James R. ~ray, City .Attorney -, Doyle ~. Curtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ~:\LEG-DIR\VERONICAkDDCURTIS[MYDOCS\I999\P&ZORD99\DOYLEC~ZI29909A.DOC 168 15 AGENDA MEMORANDUM Date: January 7, 2000 Agenda Item: A motion approving the selection of Merrill Lynch & Co. as the Sehior Managing Underwriter, and Estrada Hinojosa as Co-Manager for the Series 2000 General Airport Revenue Bonds. ~ssue' The City Council has approved a Master Plan for the Corpus Christi International Airport, a portion of which will be financed by General Airport Revenue Bonds ("GARB"). An underwriter team needs to be hired to market the GARB. Funding Source: Underwriter fees and expenses will be paid out of gross bond proceeds when the bonds are issued. Prior Council Action: August 25, 1998 - Resolution authorizing the reimbursement of eligible expenditures from the proceeds of the proposed future GARB sale. November 30, 1999 - Resolution authorizing the City Manager to proceed in preparing the necessary documents and taking other measures in connection with the issuance of General Airport Revenue Bonds to finance improvements at Corpus Christi International Airport. Required Council Action: Council approval is needed selecting the underwriters. Future Council Action: Additional Council action will be required to complete the negotiated bond sale, including approval of bond ordinances. Recommendation: The City's Airport Bond Team, with the concurrence of its Financial Advisors, Airport Consultants and Bond Counsel, recommend the selection of the above underwriters based on their experience with similar airport financings and their knowledge of the City of Corpus Christi. Council approval is required to proceed with the financing schedule. MarylE. ~u~livan Director o¥-~Finance Bonnie Allin Director of Aviation Attachment A - Background Information 169 BACKGROUNDINFORMATION On November 30, 1999, the City Council authorized the City Manager to proceed with the preparation of documents and the taking of other measures to implement the financing plan for the sale of general airport revenue bonds to be sold through a negotiated sale, using a request for qualifications procedure to select underwriters and reporting back to City Council staff's recommendation for underwriters. On December 1, 1999, the Request for Qualifications was completed and mailed to fourteen (14) firms representing the top seven (7) national underwriters of senior managed airport revenue bonds since 1997 and seven (7) regional and minodty firms. On December 22, 1999 eleven (11) firms responded to the Request for Qualifications. The firms responding are as follows: 1. Lehman Brothers 2. Merrill Lynch & Co. 3. Salomon Smith Barney 4. Morgan Stanley Dean Witter 5. Paine Webber Incorporated 6. Dain Rauscher 7. Estreda Hinojosa 8. Apex-Pryor Securities, Inc. 9. Ramirez & Co., Inc. 10. A. G. Edwards & Sons, Inc. 11. Morgan Keegan The evaluation committee consisted of: Jorge Ga~a, Assistant City Manager Mary E. Sullivan, Director of Finance Michael Harry, Controller Bonnie A. Allin, Director of Aviation John Maceda, Airport Manager of Administration Alison Gallaway, Assistant City Attorney 170 Jim and Mark Seal, M. E. Allison & Co., Inc., Financial Advisor, Jeff Leuschel, McCall Parkhurst & Horton, Bond Counsel and Spencer A. Ballard, John F. Brown Company, Airport Consultants, assisted the committee in preparation and review of the RFQ's. On January 4, 2000, the committee selected the firm of Merrill Lynch & Co. as the book running Senior Managing Underwriter. Merdll Lynch's response to provide senior managing underwriting services to the City is being recommended by the committee for the following reasons: 1. Agreement to furnish the scope of services set forth by the City in the RFQ. 2. Experience of the firm in underwriting general revenue airport bonds. 3. Experience of the assigned personnel with (a) airports issuing their first general airport revenue bonds, and (b) passenger facility charges as components of pledged revenues. 4. Competitive underwriting fees and expenses. (Approximate total fee and expenses of $7.72 per $1,000 based on a $27.7 million par value transaction, or $213,865.00, This is subject to change based on the final amount of bonds sold.) In addition, the committee recommends selecting the firm of Estrada Hinojosa to serve as Co- Manager in the underwriting of the bonds. Estrada Hinojosa is a Texas based minority owned firm with offices in Dallas, Houston and San Antonio and is ranked second in co-managed airport financings in Texas dudng the past three years. Both Merrill Lynch and Estrada Hinojosa are currently providing service to the City through its commercial paper program. The City's Financial Advisor, Bond Counsel and Airport Consultant concurred with the committee's selections. 171 16 AGENDA MEMORANDUM January 4, 2000 SUBJECT: O'il and Gas Well Inspection and Permit Fee Increases AGENDA ITEM: Ordinance Amending the Corpus Christi City Code of Ordinances, Chapter 35, Oil and Gas Wells, Section 35-82, Application for Permit Required; Fee, Section 35-87, Permits for Production Structures or Facilities in Marine Areas and on State Tracts (7), and Section 35-88, Seismic Surveys, to Increase the Permit Fees for Drilling Oil and Gas Wells, Constructing Marine Production Platforms and Conducting Seismic Surveys from One Thousand Dollars ($1,000.00) to One Thousand Five Hundred Dollars ($1,500.00). Also, Amending Section 35-117, Annual Well Inspections, Foe, to Increase the Fee for Land Wells fi.om One Hundred Dollars ($100.00) to Two Hundred Dollars ($200.00) and to Increase the Fees for Marine Area Wells From Two Hundred Dollars ($200.00) to Three Hundred Fifty Dollars ($350.00), Effective February I, 2000. ISSUE: Oil and gas well fees are set by City Code Chapter 35 and must be amended by Ordinance. The fee increase will be used to support a full time Petroleum Superintendent that is currently budgeted as a twenty (20) hour a week position. BACKGROUND: It has been customary that the Oil and Gas Well Division collect fees sufficient to fund one-half of the Division budget. The estimated inspection and permit fees for budget year 1999-2000 is $36,200~00. By increasing the fees the total estimated would increase to $65,000.00. The Oil and Gas Well Division total budget for 1999-2000 is estimated at $72,179.00 with the Petroleum Superintendent being budgeted as a 20 hour a week position. The budget would increase approximately to $100,481.00 to provide for a full time Petroleum Superintendent. The increase in inspection fees will help support a full time Petroleum Superintendent by providing over 60% of the budl~et. The table below represents the proposed fee increases: Fee Current Rate Proposed Rate Revenue Bay Inspection (118) $200.00 $350.00 $41,300.00 Laad Inspection (96) $100.00 $200.00 $19,200.00 Permit to Drill (3) $1,000.00 $1,500.00 $4,500.00 The Petroleum Superintendent has inspected the two hundred and seventeen (217) wells permitted within the city. Environmental issues related to these wells will require constant attention. The Oil and Gas Well Division Petroleum Superintendent has always inspected these wells annually and it has become necessary to inspect them more frequently as their pipe is aging. Besides the annual inspection each procedure per City Ordinance requires inspection such as plugging procedures, re- entry and workover procedures, flaring of gas, drilling mud, setting of pipe, barge operations, laying of flowlines and removal of flowlines. The number of wells considered environmental risks are increasing. These wells require constant attention and are categorized as temporary abandoned and should be, in most cases, plugged to eliminate environmental h_a?ards. This plugging procedure Section 35-130 thru 35-134, requires inspection per ordinance and at this time there is approximately 173 70 to 100 wells under consideration for plugging. Also permitting to drill new wells, changing locations or mending a well location, re-entering a well, seismic surveys, production facilities, platforms are all revenue generating. Midland, Galveston and Houston have permit fees along the same guidelines as Corpus Christi but do not have the production drilling area as Corpus Christi and have not addressed the environmental impact. The Petroleum Superintendent is in the process of computerizing well data for easy access. BOARD/COMMI'ITEE REVIEW: The Oil and Gas Advisory Committee recommended the foregoing fee increases to provide for a full time Petroleum Superintendent at their meeting on May 19, 1999. All operators of permitted wells within the city were sent the notification of the Oil and Gas Advisory Committee agenda regarding the increase of inspection fees. Only one operator voiced opposition. Juan J.I Adame [j F(re 9t ef Oil-find Gas Well Division ADDITIONAL SUPPORT MAT~RiP,.L: 174 AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES CHAPTER 35, OIL AND GAS WELL DIVISION TO INCREASE FEES IN THE FOLLOWING SECTIONS: "35-82, TIlE FILING FEE IS INCREASED FROM ONE THOUSAND DOLLARS ($1,000.00) TO ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00); 35-87 (7) THE FILING FEE IS INCREASED FROM ONE THOUSAND DOLLARS ($1,000.00) TO ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00); 35-88, THE APPLICATION FEE IS INCREASED FROM ONE THOUSAND DOLLARS ($1,000.00) TO ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00); 35-117, ANNUAL INSPECTION FEE FOR EVERY LAND WELL IS INCREASED FROM ONE HUNDRED DOLLARS ($100.00) TO TWO HUNDRED DOLLARS ($200.00), AND FOR EVERY MARINE AREA WELL FROM TWO HUNDRED DOLLARS ($200.00) TO THREE HUNDRED FIFTY DOLLARS ($350.00)," PROVIDING FOR SEVERANCE; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2000. WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 35, Oil and Gas Division, by increasing fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Sec. 35-82, Application for permit required, fee; Sec. 35-87, Permits for production structures or facilities in marine areas and on state tracts (7); Sec. 35-88, Seismic Surveys; and Sec. 35-117, Annual well inspections, fee, to read as follows: Sec. 35-82. Application for permit required; fee. No permit shall be issued except upon application by the owner or owners of the property right to which the permit relates. No applicant shall apply for more than one permit and no permit shall cover more than one subject matter. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this chapter. All applications for permits shall be signed and sworn to before a notary public by the applicant or some representative of the applicant having due and legal authority to enter into contracts binding upon the applicant. All applications for permits to drill a well shall be accompanied by a filing fee of c, nc ............. ~ ......... ~ one thousand five hundred dollars ($1,500.00). When the superintendent finds that the application has been properly submitted and is ready for processing in accordance with section 35-83, then the aforementioned filing fees will be deposited to the city's account. No refund is thereafter available to the applicant except in cases where the permit is denied, in which event two hundred dollars ($200.00) will be retained by the city as a service charge and the balance refunded to the applicant. Sec. 35-87. Permits for production structures or facilities in marine areas and on state tracts. All applications for permit to construct and maintain a production structure or facility shall be processed by the same manner described in sections 35-85 and 35-86 of this chapter and shall include the following: (1) The names of all parties who will own an interest in the production structure or facility; (2) The proposed location of the structure or facility; (3) Insurance certificate and bond or indemnity agreemem as provided in section 35-80 except that only the insurance endorsements pertinent to the type of installation shall be required; (4) Drawings or blueprints accurately reflecting the dimensions of structures or facilities, and equipment to be installed; (5) A statement as to the purpose of the structure or facility and the activities to be carried out thereon; (6) In marine recreation areas: (a) An agreement by the applicant that it will take and handle on fair and reasonable terms at such production platform or facility all hydrocarbon production brought to such platform or facility from any well having a surface location within a radius of three (3) miles from such platform or facility; (b) An agreement by the applicant that it will treat all lessees within the three-mile radius of such production platform or facility in as equal a manner as possible; that in the event production is submitted for handling at such platform or facility in greater value or of differing quality than the facilities are capable of handling,, or should separate facilities be required for marketing purposes, the applicant will install, or permit other lessees to install, additional facilities thereon ( including enlargement of dimensions if necessary) so as to provide for the handling of all production brought to such platform or facility; and (c) An agreement by the applicant that in the event it is unable to reach an agreement with any other lessee desiring to have production handled at such production platform or facility as to fair and reasonable terms for handling such production or for the enlargement of such platform or facilities, then the applicant 176 will be willing to submit such dispute to arbitration under the roles of the American Arbitration Association and be bound by any decision rendered thereunder. (7) A filing fee in the amount of one thc, u~and dollars ($I,~9.9~) one-thousand five hundred dollars ($1,500.00). Where a permit application is denied by council action, two hundred dollars ($200.00) will be retained by the city as a service charge and the balance refunded to the applicant. (8) A statement by the applicant relieving the city of any liability for damages which may result from the construction or existence of such production structure or facility. Sec. 35-88. Seismic surveys. No geophysical work will be permitted except upon proper application and the payment of a one tkou~:.ad doll:..-~ ($ !,~.~) one-thousand five hundred dollars ($1,500.00) application fee. A proper application will include the following: (1) Letter of application requesting a geophysical permit. The letter shall set out the system to be employed, when it is intended to begin the work, and also the anticipated date of completion. A statement shall also be made relieving the city of any liability for damages which may result from that operation performed by the applicant. (2) The letter of application shall be accompanied by a certificate of comprehensive general liability insurance in amounts and with endorsements as may be determined by the superintendent to be commensurate with the survey type and location applied for. (3) A plat outlining the areas proposed to be covered by the survey. (4) The term of a seismic permit shall be for three (3) months. The superintendent may grant one extension of time for an additional three (3) months for cause. When the above is properly submitted, the superintendent may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination, this work will not create a public nuisance nor be contrary to the public safety. The determination shall include the consideration of the following factors: (a) The location of the point relative to surrounding improvements, pipelines, wells; (b) The quantity and nature of the proposed seismic survey to be used in implementing the exploration; H:~.I~G-DIR~S HllqI~AXJOHI~ORDINA NO002Y~B .ORD 177 (c) The pendency of other activities at and adjacent to the point of exploration. Sec. 35-I17. Annual well inspections, fee. There is hereby levied an annual inspection fee of cnc-hun&-cd two-hundred dollars ($200.00) for every land well, and ($2¢0.0¢) three-hundred fifty dollars ($350.00) for every marine area well that has been spudded but not plugged and abandoned on January 1 of each year and for which a permit is required by this chapter, which shall be due and payable during the month of January each calendar year, and a failure to pay such fee shall be cause for revocation of any permit issued under this chapter. The superintendent will prepare an annual well inspection report which shall be submitted to the operators prior to January 1 of each year. 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 ora 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 rome and effect for its purpose. SECTION 3. This ordinance becomes effective February 1, 2000. 178 17 AGENDA MEMORANDUM January 6, 2000 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for severance; providing an effective date; and providing for publication. ISSUE: The recent annexation of sections of Mustang Island by the City of Corpus Christi has caused the delivery point for Nueces County Water Control & Improvement District No. 4 to be inside the City Limits. Since the annexation moved only two 0fits customers and the delivery point Inside the City Limits, and the overwhelming majority of the area served by the District is Outside the City Limits, staff is proposing the water rate ordinance be changed. BACKGROUND: Nueces County Water Control & Improvement District No. 4 has historically been charged OCL Capacity-Volume Treated Water rates and is the only customer that is charged this rate. Since the change of the delivery point from Outside the City Limits (OCL) to Inside the City Limits (ICL) and the existence of separate ICL/OCL rate categories in Capacity-Volume Treated Water rates, the City Attorney has stated that the ICL rate should be used for the District. The ICL rate is a lower rate than the OCL rate the District is currently paying. Since the overwhelming majority of the area served by the District is Outside the City Limits, and only two of its customers were moved Inside the City Limits by the annexation, staff is recommending the elimination of the ICL/OCL rate distinction within the Capacity-Volume Treated Water category. With this recommended change to the Ordinance, the Inside City Limits Capacity-Volume Treated Water rate will be eliminated, and the current Outside City Limits Capacity-Volume Treated Water rate will be applied to all Capacity-Volume Treated Water sales. The elimination of the separate ICL/OCL rate categories will not change the rates charged to District No. 4 prior to the City's annexation of the water delivery point on December 28, 1999. District No. 4 is the only customer that is charged Outside City Limits Capacity-Volume Treated Water rate. Eduardo Garafia, P.E. Water Superintendent 179 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, UTILITIES, REGARDING CAPACITY-VOLUME TREATED WATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That rates for utility service provided by the City of Corpus Christi are amended as follows: a. Section 55-50(c) of the Code of Ordinances is amended to read as follows: "Sec. 55-50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "c. Capacity-Volume Treated Water Rates "1. Capacity Charges R93720A3.doc 180 2 D-,*,. ;:)Or ......... por ~ ........ day ...... OCC 1.272 1.322 1.374 August 1, August 1, August 1, August 1, August 1, 2000 2000 2001 2002 2003 1999 to to to to to July 31, July 31, July 31, July 31, July 31, 2001 2002 2003 2004 2000 Rate per $16.493 $17.152 $17.838 $18.551 $19.293 month per 1,000 gallons/day of maximum day capacity requirement Rate per 2.068 2.150 2.236 2.325 2.418 month per 1,000 gallons/day of excess hourly capacity requirement (in excess of maximum day capacity requirement) R93720A3.DOC 181 3 "2. Volume Charge August 1, August 1, August 1, August 1, August 1, 2009 2000 2001 2002 2003 1999 to to to to to July 31, July 31, July 31, July 31, July 31, 2001 2002 2003 200;4 2000 I Volume $0.241 $0.250 $0.260 $0.270 $0.280 charge for all water per 1,000 gallons "3. Minimum Charge 'q'he minimum monthly charge shall be the sum of the capacity charges. 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 hereof be given full force and effect for its purpose. Rg3720A3.DOC 182 4 SECTION 3. The new rates adopted by this ordinance take effect for all water service provided following the next meter reading after the passage of this ordinance for any customers, who are currently being billed under either the inside city limits or outside city limits capacity-volume treated water rates. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION $. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L Neal, Jr, City Secretary Mayor, The City of Corpus Christi APPROVED: This ~"~day of .]~'~y, 2000: James R. Bray, City Attorney By: Senior Assistant City Attorney R93720A3.DOC 183 18 AGENDA MEMORANDUM DATE: January 5, 2000 Agnes Laredo Parking Lot Renovations (Project No. 3151) Ordinance appropriating $35,000 from the Regional Transportation Authority (RTA) in the No. 1050 Federal/State Grants Fund for the Agnes Laredo Parking Lot Renovations project; and declaring an emergency. Ordinance appropriating $6,000 from the Westside Business Association (W.B.A.) in the No. 1050 Federal/State Grants Fund for the Agnes Laredo Parking Lot Renovations project; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute a construction contract with Isensee Construction for a total fee not to exceed $84,750 for the Agnes Laredo Parking Lot Renovations. IS$1JE~ Improvement of the functional and visual aspects of the existing parking lot and common underpass land area (Cmsstown Expressway) between Agnes Street and Laredo Street is necessary to foster continued improvement of the Westside business area. EUJ~DJNG; Funds for this project are available in the FY96-97 Community Development Block Grant (CDBG) Program and from Park Development Trust Funds. Appropriation of the centdbutions by the Regional Transportation Authority (RTA) and Westside Business Association 0N.A.) will enable the project to proceed. RECOMMENDATION: Staff recommends approval of the motion as presented. Tony Cisneros, ~el R. Escobar, P.E., / Director of Park & Recreation Director of Engineering Services Add[fio~o rt Material; Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map Page I of 1 H:',HOME~VELMAR~GEN~CDBG~AG N ES~AGEN DA.M M O 185 BA~ SUBJECTJ Agnes Laredo Parking Lot Renovations (Project No. 3151) PRIOR COUNCIL ACTION: 1. Ju~ - Appropriation of $6,585,000 for the FY 1996-97 Community Development Block Grant (CDBG) Program which included $65,000 for this project (Ordinance No. 022648). Ju~ - Resolution authorizing the City Manager, or his designee, to apply for and execute a landscape cost shadng agreement with the Texas Department of Transportation ('~'XDOT") to share 50% of the cost for a joint landscape beautification project of the common area and parking area under the Crosstown Expressway bddge (State Hwy. 286) between Agnes Street and Laredo Street (Resolution No. 023378). PRIOR ADMINISTRATIV~ 1. ~ - Funding participation approved by the Regional Transportation Authority (RTA) Board of Directors for $35,000. 2. June_10~99Z - Agreement for Architectural/Engineering Consultant Services with Gignac Landscape Architecture for a fee not to exceed $10,350 for design services. 3. Sept~ - Agreement for Architectural/Engineering Consultant Services with Wilson Kullman McCord, Inc. for a fee not to exceed $1,502.50 for design services. 4. ~ - Donation received from the Westside Business Association (WBA) in the amount of $6,000 for site furniture and $4,000 from the Texas Arts Commission for tiles that will be applied on the bridge columns within the project. 5. May_,.'~_1999 - Agreement for Landscape Cost Shadng Program with the Texas Department of Transportation (TXDOT) to jointly fund the project for a total estimated cost of $130,000. 6. September 14, 1999 - Amendment No. 1 to Agreement for Architectural/Engineering Consultant Services with Gignac Landscape Architecture for a fee not to exceed $1,380 for a total revised fee not to exceed $11,730. BA~UND INF_QEMATJ_~ The subject project was conceived through the Community Development Block Grant Program to improve the functional and visual aspects of the existing parking lot and general area. Participation and cooperation will be provided by the Westside Business Association, Regional Transportation Authority, Antonio Garcia Education Center (formerly Center for Hispanic Arts), Texas Department of Transportation, and the City. Currently, the City has a maintenance agreement with the Texas Department of Transportation for the project that will remain in effect. P~[OJECT DESCRIPTION: The project involves site work excavation and preparation to I EXHIBIT "A" I Page I of 2 186 install interlocking bdck pavers, compacted granite, plantings, irrigation system, concrete work, installation of site furniture, and lighting. All landscape material, paving material, and irrigation material shall be supplied to the contractor by TXDOT through the City. The Additive Alternates not recommended for award include: 1. Additive Alternate No. 1 - additional pre-cast game tables; 2. Additive Alternate No. 2 - additional waste containers; and - - 3. Additive Altemate No. 3 - additional light poles. In keeping with the principles of "Crime Prevention Through' Environmental Design," the site will be well-illuminated with security and specialty lighting. The site is designed to include parking, open landscaped areas, covered public spaces, and drop-off and pick-up drives for the Regional Transportation Authority (RTA). BJI~JNEDJ~E[O~ The project consists of a Base Bid and three (3) Additive Alternates. The City received proposals from three (3) bidders on November 24, 1999. The bids ranged as follows: Base Bid = Additive Alternate No. 1 = Additive Altemate No. 2 = Additive Alternate No. 3 = $84,750.00 to $131,070.40 $ 3,000.00 to $ 26,136.42 $ 1,200.00to $ 2,000.00 $11,000.00 to $ 20,000.00 Isensee Construction of Corpus Christi, Texas is the Iow bidder on the total of the Base Bid amount of $84,750, plus all of the Additive Alternates for a grand total amount of $99,950. The bid submitted by South Texas Commercial Construction of Corpus Chdsti, Texas is considered non-responsive because Additive Alternate No. 2 and Additive Alternate No. 3 were left blank on their bid proposal form. The company of Isensee Construction has satisfactorily performed several jobs for the City and are recommended for the contract award of the Base Bid. CONTRAC~RM,~ The contract specifies that the project will be completed in 90 working days, with completion anticipated by the end of March 2000. EUNDJNG: Funds for this project are available from: 1. FY 1996-97 Community Development Block Grant (CDBG) Program; 2. Park Development Trust Funds; 3. Regional Transportation Authority (RTA); and 4. Westside Business Association (W.B.A.). H:'~HOM E'~-VIN$~GEN~CDBG~AG N ES~G EN DA.B KG L EXHIBIT "A" J Page 2 of 2 187 AGNES LAREDO PARKING LOT RENOVATIONS PROJECT BUDGET PROJECT NO. 315'1 January 4, 2000 FUNDS AVAILABLE: CDBG FY 96-97 (530000-1050-859707) ................................................... Regional Transportation Authority (RTA) ................................................... Westside Business Association (WBA) (Construction) .............................. Park Development Trust (520000-6010-2t300) ........................................ $65,000.00 35,000.00 6,000.00 10,000.00 Total ........................................................................................................... $116,000.00 FUNDS REQUIRED: Construction (Isensee Construction) ......................................................... Contingencies (5%) ................................................................................... Consultant (Robert Gignac Landscape Architecture) ................................ Consultant (Wilson Kullman McCord) ........................................................ Park Planning ............................................................................................ Facilities Management ............................................................................... Major Projects ............................................................................................ Traffic Engineering ..................................................................................... $84,750.00 4,237.50 11,730.00 1,502.50 ' 3,000.00 303.00 1,783.00 50.00 Survey ............................................................. ,,..;..t~ ................................. 1,777.00 Construcbon Inspection ................... ._..~;_..._.._._,~=..~..'~L',. ~ _ .L~L ......................... 5,254.~ u ~ aces .o o Cl~aOfunds) .................... ; ........................ ~_50_ Incidental Expenses'(Pdnting, Advertising/e c. ........ 800.00 Total ........................................................................................................... $116,000.00 TXDOT Landscape Cost Sharing (Material Only) .............................................................. $63,500.00 I EXHIBIT "B" ( Page 1 of 1 188 m ID Page 1.1 Tabulation of Bids Department of Engineering — Corpus Christi, Texas TABULATED BY: Robert Gigoac, Landscape Architect DATE: November 24, 1999 TIME OF COMPLETION: 90 Working days ENGINEER'S ESTIMATE: $86,844. AGNES LAREDO ISENSEE CONSTRUCTION SOUTH TEXAS COMMERCIAL FOX TREE & LANDSCAPE IMPROVEMENTS 746 Princess CONSTRUCTION NURSERY 5949 LaCosta Drive Parking Lot Improvements Corpus Christi, Texas 78410 P.O. Box 6354 Corpus Christi, Texas 78414 Project Number: 3112 Corpus Christi Texas 78411 Description oty. Unit Unit Price Amount Unit Price Amount Unit Price Amount Total Base Bid 1 L.S. $94,750. $117,86-7,46- $131,070.40 Total Base Bid, Plus Additive Alternate No.I 1 L.S. $87750. $144,003.88 $137,070.40 Total Base Bid, Plus Additive Alternate No Bid No. 2 L.S. $85,950. $133,070.40 Total Base Bid, Plus Additive Altemate No Bid No. 3 L.S. $95,750. S151,070.40 Total Base Bid, Plus Additive Alternate No Bid No. 1 Plus, No. 2 L.S. $88,950. $139,070.40 Total Base Bid, Plus Additive Alternate No. 1, Plus No. 2, No Bid Plus No. 3 L.S. $99,950. 1 $159,070.40 =3— ~ Mproj~ c~ \ count#exhibits \ exh3 ? 51. dwg NU-ECES BAY AC-NES C.C.LA. CHRIS'Il BAY NOT TO SCALE PROJECT LOCATION UNDERPASS AT CROSSTOWN N CIP PROJECT No. 3151 AGNES - LAREDO PARKING LOT RENOVATIONS CITY OF CORPUS CHRISTI, TEXAS 190 EXHIBIT "D" CITY COUNCIL EXHIBIT /._~...~ DEPARTMENT OF ENGINEERING SERVICES PA~E: I of 1 DATE: 12/10/99 ~ ORDINANCE APPROPRIATING $35,000 FROM THE REGIONAL TRANSPORTATION AUTHORITY (RTA) IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE AGNES LAREDO PARKING LOT RENOVATIONS PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ' SECTION 1. That $35,000 from the Regional Transportation Authority (RTA) is appropriated in the No. 1050 Federal/State Grants Fund for the Agnes Laredo Parking Lot Renovations project. SECTION 2. That upon written request of the Mayor or five Council members, copy attache& to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~,~,~ ~ ~ ,2000; JAMES R. BRAY, JR., CITY ATTORNEY By: Lisa Aguilar Assistant City Attorney H:~LEG- DIR\VE RON [CAXALISONXO RD~.800~.AGORD00.803 191 ORDINANCE APPROPRIATING $6,000 FROM THE WESTSIDE BUSINESS ASSOCIATION (WBA) IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE AGNES LAREDO PARKING LOT RENOVATIONS PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1o That $6,000 from the Westside Business Association (WBA) is appropriated in the No. 1050 Federal/State Grants Fund for the Agnes Laredo Parking Lot Renovations project. SECTION 2, That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED ~r.~,~,'--~ Samuel L. Neal, Jr., Mayor ,2000; JAMES R. BRAY, JR., CITY A2~FORNEY By: Lisa Aguiidr Assistant City Attorney H:kLEG- DIR\V E RON ICA'~M. I SON~ORD00 800~A GO RD00.804 192 19 City Council Agenda Memorandum January 11, 2000 AGENDA ITEM: Motion authorizing the City Manager or his designee to enter into an agreement with artist Dinah Bowman to provide public art for the Fire Station #7, 3722 S. Staples, in the amount of $5,000.00. ISSUE: The Public Art Ordinance # 19663 (passed March, 1987) authorizes an arts allocation of 1-1/4% flora funds appropriated for specific City capital construction projects greater than $50,000, such as buildings, parking facilities, parks, arterial streets and sidewalks. Both new construction and remodeling are eligible. Unless the laws governing the source of the project funding preclude the inclusion of art, all City construction projects that meet the criteria stated above involve permanent, public art. The Public Art Ordinance authorizes the Art & Cultural Commission to establish policies and guidelines for the selection of public art works. REQUIRED COUNCIL ACTION: The Public Art Ordinance requires that the City Council approve all public art projects. PRIOR COUNCIL ACTION: The City Council approved the Public Art Ordinance in 1987. The City Council appointed the Ad Hoc Art Selection Panel comprised of citizen volunteers in 1998. BOARD AND COMMISSION ACTION: The Art & Cultural Commission approved the Ad Hoc Art Selection Committee's recommendation of this proposal in May, 1999. RECOMMENDATION: It is recommended that the City Council authorize the City Manager or his designee to enter into an agreement with Dinah Bowman to provide public art for Fire Station #7 ($5,000). Marco A. Cisneros, Director Park & Recreation Department Attachments: A. Background Information B. Contract/Contract Summary C. Visual materials (to be presented at the City Council meeting) A:b~'TAGENDA.TJCf 193 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Fire Station #7 BACKGROUND: This recommended project meets the criteria for public art funding under Ordinance #19663. The contract for this project includes both complete fabrication and installation of the work of art. Selection of the artist and art project were conducted according to the authorized guidelines and policies of the public art program. This program includes the development and distribution of a Request For Proposals (RFP) by a panel of community volunteers who were appointed by City Council to serve as the Ad Hoc Art Selection Panel under the guidance of city staff. The Art Selection Panel was comprised of two arts professionals (Nora Sendejar, Ken Rosier) and two neighborhood representatives (Mark Delaney, Leon Loeb) as well as advisory members ( Fire Chief Juan Adame, Capt. S.A. Benavides, project architect Don Pender, ACC member Lynda Jones). The project was advertised via the RFP to the public and to local and regional artists and arts organizations. All proposals received were evaluated by the Art Selection Panel before they recommended that local artist Dinah Bowman be awarded the $5,000.00 commission. Ms. Bowman will create a painted mural on glass which will be permanently installed in the front window facade of Fire Station #7 that faces S. Staples Street. Jurgen Industries' Commercial Glass Stain will be applied to the interior surface of glass window panels which will replace the current windows of the building's frontal facade. The installation of the new windows will be performed by Safety Glass, Inc., a local business. The imagery of the mural will show several firefighters extinguishing fire and smoke eminating from the throat of a large dragon. The imagery is based on the term "the dragon's throat" used by firefighiers to identify the source ora fire when they enter a burning building on their knees with water hoses. Of the $5,800.00 provided for the project by the Public Art Ordinance, $800.00 has been reserved for administrative expenses (advertisting, personnel). Funds are available through the Public Health & Safety Captial Improvement Fund, property sale proceeds. 194 FIRE STATION #7 CONTRACT SUMMARY RTIES TO TIlE AGREEMENT: City of Corpus Christi ("City") Dinah Bowman ("Artist") TERM: Project will be completed within nine months of the execution of this agreement. TOTAL FEE: $5,000 AGREEMENT: * A~ist shah design and construct Artwork to be permanently incorporated into Fire Station #7, located at 3722 S. Staples St. * Artwork shall include one glass mural comprised of four 45" x 55" glass panels in the westward-facing window wall of the fire station. The glass mural will depict firefighters extinguishing fzre in "the dragon's throat," a professional term refering to the source of an interior structural fire, using commemial-grade glass stain. The glass mural will be installed by Safety Glass, Inc., a subcontractor. *Artist shall be paid in three installments which occur 1) upon the execution of this agreement, 2) within I0 days of artist's Notification of Substantial Completion, and 3) within 10 days after final acceptance of Artwork. * ' rtist will notify City in writing when Artwork has been substantially completed and installed. City will fy Artist in writing of final acceptance of final An'work. * Artist will remove all surplus and discarded materials from the site upon substantial completion. * Artist may subcontract installation at artist's expense. Parties will keep each other informed monthly of the progress of the project. * Artist and any subcontractor must carry specific transportation insurance effective immediately prior to transportation of the Artwork from Artist's studio to the Site and which will terminate upon final acceptance by the City. The liability policy will name the City as additional insured and provide for a blanket waiver of subrogation. Artist and any subcontractor will carry workers' compensation coverage. * Title to the Artwork will pass to the City upon final acceptance. * City will install and reasonably maintain an identification plaque for the Artwork. * Artist retains all Copyrights except ownership and possession, and will give her best efforts to label promotional reproductions of the work "An original work by Dinah Bowman, artist, owned and commissioned by the City of Corpns Christi." *The City will not intentionally destroy, damage, alter, modify or change the Artwork; any changes or repairs be made with prior approval of the Artist. Artist will be given first oppommity to complete any repairs ~ . or restoration. 195 ,~ l -" '~ A -; f ~ 20 Januar~ 11, 2000 Motion authorizing the City Manager or his designee to enter into an agreement with artist Walter Kravitz to provide public art for the Janet F. Harte Library, 2629 Waldron Rd. on the campus of Flour Bluff High School, in the amount of $20,000.00. ISSUE: The Public Art Ordinance # 19663 (passed March, 1987) authorizes an arts allocation of I-1/4% from funds appropriated for specific City capital construction projects greater then $50,000, such as buildings, parking facilities, parks, arterial streets and sidewalks. Both new construction and remodeling are included. Unless the laws governing the source of the project funding preclude the inclusion of art, all City construction projects that meet the criteria stated above involve permanent, public art. The Janet F. Harte Library funding source does not preclude the inclusion of public art. The Public Art Ordinance authorizes the Art & Cnltuml Commission to establish policies and guidelines for the selection of public art works. REQUIRED COUNCIL ACTION: The Public Art Ordinance requires that the City Council approve all public art projects. PRIOR COUNCIL ACTION: The City Council approved the Public Art Ordinance in 1987. The City Council appointed the Ad Hoc Art Selection Panel in November, 1998. BOARD AND COMMISSION ACTION: The Art & Cultural Commission approved the Ad Hoc Art Selection Committee's recommendation of this proposal in March, 1999. The recommendation was unanimously supported by Library Board members serving on the Ad Hoc Art Selection Committee. RECOMMENDATION: It is recommended that the City Council authroize the City Manager or his designee to enter into an agreement with Walter Kravitz to provide public art for the Janet F. Harte Library ($20,000). Marco A. Cisneros, Director Park & Recreation Department Attachments: A. Background Information B. Contract/Contract Summary C. Visual materials (to be presented at the City Council meeting) A:~BAGENDA. TJiT 197 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Janet F. Harte Library BACKGROUND: This recommended project meets the criteria for public art funding under Public Art Ordinance #19663. The contract for this project includes both complete fabrication and installation of the work of art. Selection of the artist and art project were conducted according to the authorized guidelines and policies of the Public Art Program. This program includes the development and distribution of a Request For Proposals (RFP) by a panel of community volunteers who were appointed by City Council to serve as the Ad Hoc Art Selection Panel under the guidance of city staff. The Ad Hoc Art Selection Panel was comprised of two arts professionals (Greg Spaulding, Candy Price) and two community representatives (Patty Meuller, Sharon Brower) as well as advisory members (Julie Carterson/Herb Canales, library staff; Julia Rodriguez, Library Board representative; project architect Raymond Gignac; ACC member Lynda Jones). The project was advertised via the RFP to the public and to local and national artists and arts organizations. All proposals received were evaluated by the full Ad Hoc Art Selection Panel before the panel unanimously recommended that artist Walter Kravitz be awarded the $20,000.00 commission. Mr. Kravitz proposes to create a colorful series of 15 = 20 sculptures based upon bird and fish shapes--and the environmental concerns of Mrs. Harte-owhich will then be suspended by 300-1b. monofilament from the ceiling of the main atrium of the new library. The 5-lb. sculptures will be created out of 1/8" polycarbonate at an approximate length of 8-10' each. Each transparent sculpture will be heat-bent during fabrication to achieve a more robust three-dimensional effect and each will be painted in patterns of multiple-colored, transparent industrial enamel. Natural light from upper-level atrium windows will illuminate the bold color palatte of the gently moving sculptures. Regular maintenance will include 1) annual dusitng using a feather- or blow-duster, and 2) light washing with water and a soft cloth every 3-5 years. Of the $1.8 million dollars donated by Edward and Janet Harte to the City of Corpus Christi to build this library, $20, 000.00 was set aside by the building committee for the inclusion of public artwork in accordance with Public Art Ordinance #19663. This amount is slightly greater than the l-and-I/4% required by the ordinance and was determined at the direction of the Library Board. Funds are available through the Janet F. Ha_rte Library Fund, Project ID # 4142. 198 JANET F. HARTE LIBRARY CONTRACT SUMMARY ~RTIES TO THE AGREEMENT: City of Corpus Christi ("City") Walter Kravitz ("Artist") TERM: Project will be completed and installed by June 1, 2000. TOTAL FEE: $20,000 AGREEMENT: * Artist shall design and construct Artwork to be permanently incorporated into the Janet F. Harte Library located at 2629 Waldron Road on the campus of Flour Bluff High School. * Artwork shall include 15 - 20 sculptures fabricated from 1/8" polycarbonate, heat-bent and coated with multi- colored, transparent induslrial enamel paint. Each 8' - I0' sculpture will reference bird and fish images and will be suspended from the central atrium with 300-1b. monofilament. *Artist shall be paid in three installments which occur 1) upon the execution of this agreement, 2) within i0 days of artist's Notification of Substantial Completion, and 3) within I 0 days after final acceptance of Artwork. * Artist will notify City in writing when Artwork has been substantially completed and installed. City will notify Artist in writing of final acceptance of the artwork. xtist will remove all surplus and discarded materials from the site upon substantial completion. * Artist may subcontract installation at his expense. Both parties to the agreement and the project architect will keep each other informed ,~: the progress of the project via teleconference on the first day of every month (minimum) in order to keep abreast of the construction schedule. * Ams: and any subcontractor must carry specific transportation insurance effective immediately prior to transportation of the Artwork from Artist's studio to the Site and which will terminate upon final acceptance by the City. The liability policy will name the City as additional insured and provide for a blanket waiver of subrogation. Artist and any subcontractor will carry workers' compensation coverage. * Title to the Artwork will pass to the City upon final acceptance. * City will install and reasonably maintain an identification plaque for the Artwork. * Artist retains all Copyrights except ownership and possession, and will give his best efforts to label promotional reproductions of the work "An original work by Walter Kravitz, artist, owned and commissioned by the City of Corpus Christi." *The City will not intentionally destroy, damage, alter, modify or change the Artwork; any changes will be m_ade with prior approval of the Artist. Artist will be given first opportunity to complete any repairs and/or ration. 199 200 21 TO: FROM: DATE: SUBJECT: Memorandum President Arnold Gonzales and Board Members of the Corpus Christi Industrial Development Corporation W. Thomas Utter, Assistant City Manager January 4, 2000 Request for Meeting of the Corpus Christi Industrial Development Corporation (CCIDC) on January 11, 2000 I am requesting that a meeting of the Corpus Christi Industrial Development Corporation (CCCIC) be held dudng the Council meeting of January 11, 2000 to consider the issuance of an inducement resolution for MDC Corpus, LLC (facility for Airborne Freight Corporation at the Corpus Christi Airport). We have received a request from Midwest Development and Construction, Inc. (MDC, Inc.) for the issuance of industrial revenue bonds in an amount not to exceed $1.5 million for financing the construction of an airport express air cargo facility for Airborne Freight Corporation at the Corpus Christi Airport. The project will consist of a 19,597 sq. ft. facility located on approximately 82,000 sq. ft. of land leased from the Airport. The building will be a metal frame building with architectural metal panel sidewalks with a multi-sloped standing roof. The building interior will consist of approximately 3,277 sq. ft. of general offices with the rest being open areas and employee facilities. Exterior improvements include extensive concrete paving and landscaping. MDC, Inc. has previously provided facilities for Airborne at airports in Fargo, North Dakota; Wichita, Kansas; Topeka, Kansas; Sacramento, California; and Colorado Springs, Colorado. Current projects include airport facilities in Rochester, Minnesota and Bloomington, Illinois. The bonds preliminarily are designed to be 15 years with the bond purchaser being G.E. Capital. The CCIDC bond counsel, Mr. Jeff Leuschel of McCall, Parkhurst, has reviewed the inducement resolution which, in essence, is an agreement to issue the bonds in the future and has found that it meets all of the tests required under State and Federal statutes. We recommend that the CCIDC take action to provide this financing which is solely the responsibility of the project and is not a liability of the Airport or the City in any means whatsoever. I have attached a copy of the inducement resolution and the inducement and indemnity agreement. W. Thomas Utter Assistant City Manager 201 AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION DATE: TIME: PLACE: Tuesday, January 1~2000 During the meeting of the City Council beginning at 2 p.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 3. President Arnold Gonzales calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors Arnold Gonzales, President Henry Garrett, Vice President Javier Colmenero Melody Cooper Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott Loyd Neal Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Mary Sullivan, Treasurer Michael Harty, Asst. Treasurer Approve Minutes of July 27, 1999. FinancialRepo~. Consideration of Resolution with Respect to the Issuance of Bonds to Finance Facilities for MDC Corpus, LLC-Airborne Freight Cargo Project. Public Comment. Adjournment. 202 MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION JULY 27, 1999 5:25 P.M. PRESENT Board of Directors Dr. Arnold Gonzales Henry Garrett Javier D. Colmenero Rex A. K/np. ison Betty Jean Longoria John Longoria Samuel L. Neal Jr. Ma~k Scott Offieers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Mary Sullivan, Treasurer Mike Harty, Assistant Treasurer ABSENT Melody Cooper Dr. Gonzales, Vice President of CCIDC, called the meeting to order at 5:25 p.m. in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Under Item 3, election of officers, a motion was made and seconded to elect the following officers: President Vice President General Manager Secretary Assistant Secretary Treasurer Assistant Treasurer Arnold GonTales Henry Garrett Tom Utter Armando Chapa MaW Juarez Mary Sullivan Mike Harty The motion passed unanimously; Cooper absent. President Gonzales called for approval of the minutes of the August 18, 1998 meeting. Mr. Neal made a motion to approve the minutes, seconded by Mrs. Longoria, and passed unanimously (Cooper absent). President Gonzales called for discussion of the financial report. General Manager Utter stated that the corporation fund contained $26,430.31 as of June 30, 1999. In his report, General Manager Utter noted that the CCIDC has issued over $60 million of industrial revenue bonds. Mr. Utter stated that the CCIDC plays a crucial role in the development of Corpus Christi's enterprise zone which consists of $2.1 billion worth of approved projects. President Gonzales called for public comment and there was none. There being no further business, he declared the corporation meeting adjourned at 5:31 p.m. on July 27, 1999. ccidc799.wpd 203 CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BALANCE SHEET NOVEMBER 30, 1999 Assets Current assets: Investments $32,189.64 Receivables: Accounts 0.00 Accrued Interest 0.00 Total assets $32, I89.64 Liabilities and Fund Balance Liabilities: Accounts payable Total liabilities Fund balance: Designated Undesignated Total fund balance Total liabilities and fund balance $0.00 0.00 0.00 32,189.64 32,189.64 $32,189.64 204 CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION SUMMARY OF TRANSACTIONS FOR FOUR MONTHS ENDED NOVEMBER 30, 1999 Fund balance ~ 08-01-99 (1) ' ' $26,536.20 Revenues: Interest earned 480.34 Issuer's annual fee 5,173.10 Total revenues 5,653.44 Expenditures: Courthouse Restoration Grant 0.00 Land purchase 0.00 Application fee 0.00 Advertising 0.00 Total expenditures Other financing sources: Transfer from Trust Fund Total other financing sources 0.00 0.00 0.00 $32,189.64 Fund balance ~ l 1-30-99 (1) Subject to July 31, 1999 audit adjustments. 205 RESOLUTION WITH RESPECT TO THE ISSUANCE OF BONDS TO FINANCE FACILITIES FOR MDC CORPUS, LLC WHEREAS, Corpus Christi Industrial Developmem Corporation (the "Corporation") is a nonprofit industrial development corporation duly organ/zed and existing under the laws of the State of Texas, including particularly the Development Corporation Act of 1979, as amended (the "Act"); and WHEREAS, the City of Corpus Christi, Texas (the "City") has authorized and approved the creation of the Corporation to act on its behalf to further certain public purposes of the City; and WHEREAS, MDC Corpus, LLC., a limited liability company organized and existing under the laws of the State of Kansas, and fully qualified to transact business in the State of Texas, has requested that the Corporation consider the acquisition and construction of airport facilities at Corpus Christi International Airport, including, but not limited to, an air cargo facility, as more fully described in Exhibit "A" to this Resolution, together with real and personal property related thereto (the "Facilities"), to be leased by the Corporation to Airborne Freight Corporation; and WHEREAS, for purposes of this Resolution, MDC Corpus, LLC, Airborne Freight Corporation, and any "related person" (within the meaning of Section 147 of the Internal Revenue Code of 1986, as amended) thereto, shall be referred to herein as the "Company"; and WHEREAS, the Company has advised the Corporation that a contributing factor which would further induce the Company to proceed with providing for the acquisition, construction and equipment of the Facilities would be a commitmem and agreement by the Corporation to issue bonds pursuant to the Act (the "Bonds") to finance and pay for the Facilities; and WHEREAS, the Company has proposed to the Corporation that the Company, acting for the benefit of the Corporation, will be further induced to proceed with providing for the acquisition and construction of the Facilities if the Corporation will make such commitment and agreement and adopt this Resolution; and WHEREAS, the Corporation finds, intends, and declares that this Resolution shall, in accordance with its provisions, constitute the commitment and agreement of the Corporation to issue the Bonds, in one or more series, in such aggregate principal amount, presently estimated to be $1,500,000, as is actually required to finance and pay for the acquisition, construction and equipment of the Facilities, together with all costs and fees of or incurred in connection with the issuance of the Bonds and the acquisition and construction of the Facilities, and interest costs and/or expenses during the estimated period of construction and for a reasonable period thereafter, to the extent permitted by federal or state law; and 206 WHEREAS, the Corporation finds, considers, and declares that the issuance of the Bonds in such mount and for such purposes will be appropriate and consistent with the objectives of the Act, and that the adoption of this Resolution is and constitutes, and is intended as (i) an inducement to the Company to proceed with providing the Facilities, (ii) the taking of affir five official action by the Corporation, acting by and through its Board of Directors, towards the issuance of such Bonds, and that such action is, and is intended to be, similar to the adoption ora bond resolution, within the meaning of Section 1.142-4 of the U.S. Department of Treasury Regulations and Section 142 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to Exempt Facility Bonds, (iii) the declaration of the intention of the Corporation, in accordance with the provisions of Section 1.150-2 of the U.S. Department of Treasury Regulations to reimburse expenditures for the Facilities at such time as the Bonds are issued, and (iv) applying to the Company or any "related person" (within the meaning of Section 147 of the Code) to the Company. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION THAT: Section 1. The Corporation is committed and agrees as follows: (a) To adopt a bond resolution or bond resolutions, when requested by the Company, authorizing the issuance of Bonds pursuant to the Act, and to issue the Bonds, subject to the requirements of the Act, the execution of the appropriate agreements or contracts described in subparagraph (b) below, and the sale of the Bonds under terms and conditions satisfactory to the Corporation and the Company, to finance and pay for the acquisition, construction and equipment of the Facilities, including amounts sufficient to pay the fees, expenses, and costs in connection with such issuance, including an amount adequate to reimburse the Corporation for its administrative and overhead expenses and costs with respect to the Bonds and the Facilities, with the Bonds to be payable from payments by the Company to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agents' and trustee's fees on, the Bonds, as and when the same shall become due and payable. (b) Prior to the issuance of the Bonds, when requested by the Company, to enter imo such lease, use agreement, management agreement and/or any other appropriate contracts or agreements between the Corporation and the Company as are mutually acceptable in all respects to the Corporation and the Company, under which the Company will be obligated to make payments to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agent's and trustee's fees on, the Bonds, as and when the same shall become due and payable, and with such payments also to be sufficient to defray the Corporation's administrative, overhead, and other expenses and costs with respect to the Bonds and the Facilities. (c) To take, or cause to be taken, such other action, and to execute such additional contracts and agreements mutually agreeable to the parties in all respects, when requested by the Company, as may be required in accordance with the Act and this Resolution to cause the issuance of the Bonds. 207 (d) MDC Corpus, LLC heretofore has executed and delivered to the Corporatio,. Inducement and Indemnity Agreement, the terms of which are incorporated by reference into this Resolution. By the acceptance of this Resolution and proceeding with the Facilities, the Company thereby agrees that it will fully indemnify and hold the City, the Corporation, and their respective officers, directors, employees, agents and attorneys, harmless from any and all damages, losses, and expenses, including attorneys' fees, arising at any time from or with respect to the Bonds and the Facilities, as more fully described in the Inducement and Indemnity Agreement. Section 2. The adoption of this Resolution shall be deemed to constitute the acceptance of the Company's proposal that it be further induced to proceed with providing for the acquisition, construction and equipment of the Facilities, and said proposal and acceptance shall constitute an agreement between the Corporation and the Company in accordance with the provisions of this Resolution. Section 3. Immediately after the adoption of this Resolution the acquisition, construction and equipment of the Facilities may commence and continue to completion in accordance with methods and procedures determined by the Company, or by the Company and the Corporation, pursuant to this Resolution and the agreement it constitutes. Section 4. The Secretary of the Board of Directors of the Corporation is hereby authorized and directed to transmit to proper representatives of the Company one or more certified copies the Resolution and such parties are hereby authorized to rely upon this inducement for the purpose, herein stated. 208 EXHIBIT "A" The Facilities shall consist of the construction of an air cargo distribution facility to be used by Airborne Express at Corpus Christi International Airport (the "Airport"), as well as the engineering, architectural and landscaping costs associated therewith. The Facilities shall consist ora metal frame building of approximately 20,000 square feet to be located on approximately 82,000 square feet of land at the Airport. The Facilities shall not include any equipment. 2O9 INDUCEMENT AND INDEMNITY AGREEMENT Corpus Christi Industrial Development Corporation The undersigned has filed an application for financing with the Corporation pursuant to the Texas Development Corporation Act, as amended (the "Act"). As an inducement to the CorporatiCn to accept, review and consider such application and possibly to issue the obligations contemplated therein, the undersigned hereby irrevocably agrees that it will: (a) Pay all costs, fees, expenses and other obligations incurred in connection with the described project, regardless of whether or not such funds may be financed through the issuance of the obligations requested in the application; (b) Pay all out-of-pocket costs and expenses incurred by the Corporation in the preparation and review of legal documents and any financing projections or disclosures; and (c) Indemnify and hold harmless the Corporation, its officers, directors, attorneys, and agents, and the City of Corpus Christi, Texas, its officers, council members, employees, attorneys, and agents, against any and all losses, costs, damages, expenses and liabilities of whatsoever nature or kind (including, but not limited to attorney's fees, litigation and court costs, and expert wimess fees) directly or indirectly resulting fi'om, arising out of or related to the acceptance, review and consideration of such application or the issuance, offering, sale or delivery of any of the obligations described in said application, or the design, construction, installation, operation, use, occupancy, maintenance or ownership of the project described in the application. It is understood and a~eed that this Inducement and Indemnity Agreement shall be continuing and shall survive and be effective at'er any approval or disapproval of said application and the issuance of(or failure to issue) any obligations described therein. This Agreement is being provided with the further understanding that there is no commitment on the part of the Corporation to approve the application or take any specific action in connection therewith. Nothing herein shall limit the discretion available to the Board of Directors of the Corporation under the Act to determine the merits of each application. MDC C0cous LLC _ ~ Name: ~lerrv S, Dean ~lglanaein o.~ Member 210 INDUCEMENT AND INDEMNITY AGREEMENT Corpus Christi Industrial Development Corporation The undersigned has filed an application for financing with the Corporation pursuant to the Texas Development Corporation Act, as amended (the "Act"). As an inducement to the Corporatirfn to accept, review and consider such application and possibly to issue the obligations 99ntemplated therein, the undersigned hereby irrevocably agrees that it will: (a) Pay all costs, fees, expenses and other obligations incurred in connection with the described project, regardless of whether or not such funds may be financed through the issuance of the obligations requested in the application; (b) Pay all out-of-pocket costs and expenses incurred by the Corporation in the preparation and review of legal documents and any financing projections or disclosures; and (c) Indemnify and hold harmless the Corporation, its officers, directors, attorneys, and agents, and the City of Corpus Christi, Texas, its officers, council members, employees, attorneys, and agents, against any and all losses, costs, damages, expenses and liabilities of whatsoever nature or kind (including, but not limited to attorney's fees, litigation and court costs, and expert witness fees) directly or indirectly resulting from, arising out of or related to the acceptance~ review and consideration of such application or the issuance, offer/rig, sale or delivery of any of the obligations described in said application, or the design, construction, installation, operation, use, occupancy, maintenance or ownership of the project described in the application. It is understood and agreed that this Inducement and Indemnity Agreement shall be continuing and shall survive and be effective after any approval or disapproval &said application and the issuance of(or failure to issue) any obligations described therein. This Agreement is being provided with the further understanding that there is no commitment on the part of the Corporation to approve the application or take any specific action in connection therewith. Nothing herein shall limit the discretion available to the Board of Directors of the Corporation under the Act to determine the merits of each application. Dated: / /~f . c/~, i~"~ ~MD'C Ce, taus LLC '.2~ \ Name: Jerry S. pean 211 RESOLUTION WITH RESPECT TO THE ISSUANCE OF BONDS TO FINANCE FACILITIES FOR MDC CORPUS, LLC WHEREAS, Corpus Christi Industrial Development Corporation (the "Corporation") is a nonprofit induslrial development corporation duly organized and existing under the laws of the State of Texas, including particularly the Development Corporation Act of 1979, as amended (the "Act"); and WHEREAS, the City of Corpus Christi, Texas (the "City") has authorized and approved the creation of the Corporation to act on its behalf to further certain public purposes of the City; and WHEREAS, MDC Corpus, LLC., a limited liability company organized and existing under the laws of the State of Kansas, and fully qualified to transact business in the State of Texas, has requested that the Corporation consider the acquisition and construction of airport facilities at Corpus Christi International Airport, including, but not limited to, an air cargo facility, as more fully described in Exhibit "A" to this Resolution, together with real and personal property related thereto (the "Facilities"), to be leased by the Corporation to Airborne Freight Corporation; and WHEREAS, for purposes of this Resolution, MDC Corpus, LLC, Airborne Freight Corporation, and any "related person" (within the meaning of Section 147 of the Internal Revenue Code of 1986, as amended) thereto, shall be referred to herein as the "Company"; and WHEREAS, the Company has advised the Corporation that a contributing factor which would further induce the Company to proceed with providing for the acquisition, construction and equipment of the Facilities would be a commitment and agreement by the Corporation to issue bonds pursuant to the Act (the "Bonds") to finance and pay for the Facilities; and WHEREAS, the Company has proposed to the Corporation that the Company, acting for the benefit of the Corporation, will be further induced to proceed with providing for the acquisition and construction of the Facilities if the Corporation will make such commitment and agreement and adopt this Resolution; and WHEREAS, the Corporation finds, intends, and declares that this Resolution shall, in accordance with its provisions, constitute the commitment and agreement of the Corporation to issue the Bonds, in one or more series, in such aggregate principal amount, presently estimated to be $1,500,000, as is actually required to finance and pay for the acquisition, construction and equipment of the Facilities, together with ali costs and fees of or incurred in connection with the issuance of the Bonds and the acquisition and construction of the Facilities, and interest costs and/or expenses during the estimated period of construction and for a reasonable period thereafter, to the extent permitted by federal or state law; and 212 WHEREAS, the Corporation finds, considers, and declares that the issuance of the Bonds in such amount and for such purposes will be appropriate and consistent with the objectives of the Act, and that the adoption of this Resolution is and constitutes, and is intended as (i) an inducement to the Company to proceed with providing the Facilities, (ii) the taking of affirmative official action by the Corporation, acting by and through its Board of Directors, towards the issuance of such Bonds, and that such action is, and is intended to be, similar to the adoption of a bond resolution, within the meaning of Section 1.142-4 of the U.S. Department of Treasury Regulations and Section 142 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to Exempt Facility Bonds, (iii) the declaration of the intention of the Corporation, in adcordance with the provisions of Section 1.150-2 of the U.S. Depamnent of Treasury Regulations to reimburse expenditures for the Facilities at such time as the Bonds are issued, and (iv) applying to the Company or any "related person" (within the meaning of Section 147 of the Code) to the Company. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION THAT: Section 1. The Corporation is committed and agrees as follows: (a) To adopt a bond resolution or bond resolutions, when requested by the Company, authorizing the issuance of Bonds pursuant to the Act, and to issue the Bonds, subject to the requirements of the Act, the execution of the appropriate agreements or contracts described in subparagraph (b) below, and the sale of the Bonds under terms and conditions satisfactory to the Corporation and the Company, to finance and pay for the acquisition, construction and equipment of the Facilities, including amounts sufficient to pay the fees, expenses, and costs in connection with such issuance, including an amount adequate to reimburse the Corporation for its administrative and overhead expenses and costs with respect to the Bonds and the Facilities, with the Bonds to be payable from payments by the Company to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agents' and trustee's fees on, the Bonds, as and when the same shall become due and payable. (b) Prior to the issuance of the Bonds, when requested by the Company, to enter into such lease, use agreement, management agreement and/or any other appropriate contracts or agreements between the Corporation and the Company as are mutually acceptable in all respects to the Corporation and the Company, under which the Company will be obligated to make payments to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agent's and trustee's fees on, the Bonds, as and when the same shall become due and payable, and with such payments also to be sufficient to defray the Corporation's administrative, overhead, and other expenses and costs with respect to the Bonds and the Facilities. (c) To take, or cause to be taken, such other action, and to execute such additional contracts and agreements mutually agreeable to the parties in all respects, when requested by the Company, as may be required in accordance with the Act and this Resolution to cause the issuance of the Bonds. 213 (d) MDC Corpus, LLC heretofore has executed and delivered to the Corporation an Inducement and Indemnity Agreement, the terms of which are incorporated by reference into this Resolution. By the acceptance of this Resolution and proceeding with the Facilities, the Company thereby agrees that it will fully indemnify and hold the City, the Corporation, and their respective officers, directors, employees, agents and attorneys, harmless from any and all damages, losses, and expenses, including attorneys' fees, ar/sing at any time from or with respect to the Bonds and the Facilities, as more fully described in the Inducement and Indemnity Agreement. Section 2. The adoption of this Resolution shall be deemed to constitute the acceptance of the Company's proposal that it be further induced to proceed with providing for the acquisition, construction and equipment of the Facilities, and said proposal and acceptance shall constitute an agreement between the Corporation and the Company in accordance with the provisions of this Resolution. Section 3. Immediately after the adoption of this Resolution the acquisition, construction and equipment of the Facilities may commence and continue to completion in accordance with methods and procedures determined by the Company, or by the Company and the Corporation, pursuant to this Resolution and the agreement it constitutes. Section 4. The Secretary of the Board of Directors of the Corporation is hereby authorized and directed to transmit to proper representatives of the Company one or more certified copies of the Resolution and such parties are hereby authorized to rely upon this inducement for ~he purposes herein stated. 214 EXHIBIT "A" The Facilities shall consist of the construction of an air cargo distribution facility to be used by Airborne Express at Corpus Christi International Airport (the "Airport"), as well as the engineering, architectural and landscaping costs associated therewith. The Facilities shall consist ora metal frame building of approximately 20,000 square feet to be located on approximately 82,000 square feet of land at the Airport. The Facilities shall not include any equipment. 215 Notes and Comments 217 - - City of Corpus ChrIsti 218