Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 01/18/2000 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 18, 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 after the Presentations section. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact "e City Secretary's office (at 512880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayqr Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend John Everett, Apostolic Church of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of January 11, 2000 (Attachment # 1) Agenda Regular Council Meeting lanuary 18, 2000 age 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. SPECIAL PRESENTATION ITEM: . U. S. Department of Housing and Urban Development on Homeless Issue Partnership H. 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 fa junta y cree que su ingles es limitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council wiff use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material on each item, and/or it has been iscussed at a previous meeting. All items wiff be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate ACTION/COMMENTS Agenda Regular Council Meeting January 18, 2000 ,ge 3 discussion have been acted upon. The remaining items wiff be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving a supply agreement with Cover Foam Services, Inc., Florence, South Carolina, for synthetic daily landfill cover material for an estimated annual amountof$214,200 based on a sole source supplier. The supply agreement is for a twelve month period, with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funding is provided in the Solid Waste Services FY99-00 budget. (Attachment # 2) Motion authorizing payment of the Special Commissioners' condemnation award of $17,305 for acquisition of Parcels 18 and 18UE located on Ennis Joslin Road between the Pharaoh Valley Golf Course and Pharaoh Drive in connection with the Spur 3, Phase 2 Improvements project. (Attachment # 3) 4. Resolution authorizing the City Manager or Designee to execute an Interlocal Agreement with Nueces County to provide an On-Duty City of Corpus Christi Police Officer to be a Youth Opportunities United (YOU) Site Coordinator. (Attachment # 4) 5.a. Motion approving an agreement with AT&T Broadband Cable Services for advancement of expenses for the review, negotiation and grant of its application for a new cable television franchise in an amount up to $120,000. (Attachment # 5) 5.b. Ordinance appropriating $120,000 from AT&T Broadband Cable Services for franchise application processing cost reimbursement in the NO.1 020 General Fund to reimburse services ofthe Baller-Herbst Law Group, P.C. to assist the City of Corpus Christi in the cable television franchise granting and renewal process; amending Ordinance Number 023702, which adopted the FY99-00 Budget by adding $120,000 to the No. 1020 General Fund. (Attachment # 5) ACTIONICOMMENTS Agenda Regular Council Meeting January 18, 2000 'age 4 5.c. Motion amending Motion M98-404, as amended, which authorized a professional services agreement with Adrian Herbst, the Baller Herbst Law Group, P.C., to increase the estimated cost by $85,000 for additional services required in connection with the cable franchise application by ClearSource, Inc. (Attachment # 5) 6. Ordinance closing and abandoning a 4,915-square foot portion of a 1 O-foot wide utility easement out of Lots 1-12, Block 3, La Arboleda Subdivision and Lot 6, Section G, Alamo Addition; requiring the owner, H. E. Butt Grocery Company, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 6) 7. Ordinance closing and abandoning a 2,900-square foot portion of a 1 O-foot wide utility easement out of Lots 15A through 20A and Lots 15B through 20B, Block 27, Padre Island NO.3 and a 750-square foot '-"p6rtionofa 5-foot wide utility easement out of Lots 1A through 3A, Block 26, Padre Island No.3, for a total closure of 3,650-square feet; requiring owner, Vincent D. Lee, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 7) 8.a. Motion to amend Ordinance prior to second reading by incorporating Amendment No.1 allowing for relocation of Buc Days to new festival area. (Attachment # 8) 8.b. Second 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 ofthe west curb line of Shoreline Boulevard (northbound) and the east curb line of Shoreline Boulevard (southbound) and bounded on the south by the 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. (First Reading 12-21-99) (Attachment # 8) ACTION/COMMENTS Agenda Regular Council Meeting January 18, 2000 'age 5 9, Second 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 :ee 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. (First Reading - 1-11-00) (Attachment # 9) J. PUBLIC HEARINGS: ZONING CASE: 10. Case No. 1299-6. Manuel Banuelos: A change of zoning from a "B-4" General Business District to an "1-2" Light Industrial District on Harland Industrial Sites Annex No.1, located on the north side of Horne Road, approximately 150 feet west of Ayers Street. (Attachment # 10) Plannina Commission's Recommendation: Denial of an "1-2" District, and in lieu thereof, approval of a Special Permit for outside storage subject to a site plan and six conditions. Staffs Recommendation: Denial of the requested "1-2" District. K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 11.a. Resolution approving the terms of a loan from the State Infrastructure Bank for $4,000,000 to fund the City's share of the JFK Causeway project, and authorizing the City Manager of his designee to execute the necessary documents. (Attachment # 11) '1.b. Resolution accepting Texas Transportation Commission Minute Order Number 107987, dated Ocotober 28, 1999, providing for the elevation of the JFK Causeway and providing for the contribution from the City of $4,000,000 toward construction of the project. (Attachment # 11) ACTION/COMMENTS Agenda Regular Council Meeting January 18, 2000 age 6 12. Ordinance amending the FY99-00 Capital Improvement Program Budget by accelerating the Padre Island Pumping Plant Improvement Project and revising the project scope to include land acquisition, which was adopted by Ordinance No. 023703 by adding $1,030,000 to the Water Capital Improvement Program. (Attachment # 12) 13.a. First Reading Ordinance - Ordinance amending the Corpus Christi Code of Ordinances, Chapter 24, Sections 24-33, 24-37, 24-40, 24- 46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for penalties. (Attachment # 13) 13.b. Motion authorizing City Manager or his designee to submit such ordinance to the Department of Housing and Urban Development for substantial equivalency and enter into an Interim Agreement with Housing and Urban Development for the $115,000 funding package to establish a substantially equivalent Fair Housing Program, beginning with this federal funding cycle; and to include authorization for the City Manger to continue with the preliminary agreement for up to a three year period and thereafter establish annual Housing and Urban Development worksharing agreements. (Attachment # 13) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. . Quarterly update on Wesley Seale Dam Stabilization Project . Arts subgrant process and allocation of Hotel/Motel Tax to the Arts (Attachment # 14) . Solid Waste Services' automated collection pilot program . Street Sweeping - Enhanced Service Level (Attachment # 15) . Proposals for Marina Administration Offices . Local Emergency Planning Committee on "Blueprint Call-Down Information Line System" proposal .A. 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 ACTION/COMMENTS 1fID~ iiil WI a. A ,.. -- .. Agenda Regular Council Meeting January 18, 2000 "age 7 listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 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. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 14. CITY MANAGER'S REPORT . Upcoming Items 15. MAYOR'S UPDATE 16, COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p,m., January 14. 2000, !{hlVJ1f}./lt1 &. It ~ Armando Chapa IlJ<.. City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cLcorpus-christi.tx.us after 5:00 p.m. on the Friday before regularly scheduled council meetings. ACTIONICOMMENTS City Council Priority Issues . Improvement in Delivery of Basic Services - Trash, Brush & Debris Improvement in Delivery of Basic Services - Street & Road Maintenance ~ Improvement in Delivery of Basic Services - Park Maintenance ~ Improvement in Delivery of Basic Services - Animal Control ''1ThrFr'' __ Improvement in Delivery of Basic Services - Quality Water ~J ii'>. \;i~t '" Improvement in Delivery of Basic Services - Lighting as Expansion of the Bayfront Plaza Convention Center be Capital Improvements Bond Issue r+-.. Successful Implementation of Crime Control District Objectives - . - Mft Community Oriented Policing $ Economic Development Plan I. Storm Water Utility/Drainage + Completion of Airport Improvements ~ ~~ Assessment of Street Needs (Planned Street Program) ~~)<<~ ~ Northside Plan '~ II' Additional Golf Course It Youth Crime Initiatives o Environmental Compliance tS CDBG Funding Assessment $iJI Privatizing Services ~ Improvement of Citizen Response System I Creation of a "Development Center" iJl'~ Residential Communities Involved in Park Development ~ Bayfront Development Plan 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 11,2000 2;00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern 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 Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Richard Leggett, Kelsey Memorial United Methodist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Betty Jean Longoria. 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 21, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Commission on Children & Youth Almira Flores Gloria Jackson Senior Companion Pro~ram Adv, Committee Hope Franklin (Reappointed) Maria Dominguez (Reappointed) Valerie Houston (Reappointed) Pete Oliver (Reappointed) Apolonia Cantu Iris ,^,illiams .. -- .> Building Standards Board Mary Esther Guerra Electrical Advisorv Board Ralph Skinner (Reappointed) Kyle Budd (Reappointed) Frank Brogan Transportation Advisorv Committee Don Davenport Minutes Regular Council Meeting January 11,2000 Page 2 Senior Community Services Advisorv Committee K.G. Coley (Reappointed) Flapper Bradley (Reappointed) Anna Gonzales (Reappointed) Carmen Arias (Reappointed) Annie 1. Poldrack (Reappointed) Guadalupe Gomez Alan Bligh (Reappointed) Josie Lozano * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Carter Tate, 1826 SPID, said he was concerned that the Crosstown interchange project was not being addressed as a community issue. He said he owns a 70,000-square foot office warehouse project at Crosstown and SPID and he has been working on the interchange project for 11 years. He said he is not opposed to an off-ramp at Gollihar or Ayers, but it will require a minimum of 1 Yz more years of planning and $4 million more in costs. Responding to Council Member Scott, Mayor Neal said the situation regarding the Crosstown interchange project is in the hands of the legislative delegation at that point. Council Member Gonzales said he thought it would be a good idea for the City Council to ask the Texas Department of Transportation (TXDOT) to provide more infonnation about concerns raised by business owners and residents in the areas of Ayers and Gollihar. He said they also need to ask the Fire Chief to provide more information about emergency response times in light of the proposed changes to the highways. Council Member Colmenero said the negotiations between the legislative delegation and TXDOT officials should be allowed to proceed. He said he is also concerned about some of the proposals presented by TXDOT in the interchange project. Mr. Phillip Lara, 538 Indiana, thanked the Council for positive changes that have occurred at the city marina, particularly on the north side. He also asked the Council to continue to support growth at the marina. Mayor Neal said he has spoken to the Water/Shore Advisory Committee about the issues referred to by Mr. Lara. Mr. Joe Minervini, 13705 Tbree Fathoms Bank, said he is the owner of City Skates Skating Rink, which is 22,500-square feet and includes skate park equipment. He said he is in favor of the city helping to fund construction of a skate park, but he is opposed to the size and cost as being advocated by a group of skaters. He said instead of building one large taxpayer-funded skate park, he would recommend the construction of four separate, smaller skate parks, one in each quadrant of the city. He also discussed liability issues and he said he will soon be offering his facility to the city on a part-time lease basis. Dr. Gonzales said plans for a possible skate park are just beginning and the Council has not taken a position on it. Ms. Nina Lozano, 2621 Ayers St., said she is one of the owners of Millennium Skate Park. She said they are concerned about the city publicly funding a skate park that would be in direct competition with their business. She said they have taken time to attend meetings with the City 2 Minutes Regular Council Meeting January 11,2000 Page 3 Manager and the Commission on Children and Youth to share their concerns. Mr. J.E. O'Brien, 4130 Pompano, said the city has spent millions of dollars on computers and hundreds of thousands of dollars on consultants. However, the city's annual financial statement will not be available until mid-February, even though state law requires it to be published by the end of November. Mr. O'Brien requested more information about the City Manager's previous comment about the corruption of some data that occurred. City Manager Garcia replied that when the computer system was initially installed, some data was put in in the wrong format and it needed to be reentered, which delayed the schedule. Ms. Mary Sullivan, Director of Finance, said several organizations have difficulties installing new computer systems. With regard to the data, she said some of the transactions did not post properly to the ledger and they have to have good records to provide to the auditors. She added that staffhas been spending a substantial amount oftime reviewing all those records. Mr. Garcia said the new computer system offers many strong management tools and controls it previously did not have, which he explained. He said those tools help ensure that the city's money is being spent appropriately and in line with the Council's priorities. Mr. Jose Marroquin, 2433 Allencrest, said the previous Council did not make a good decision regarding allowing a large monopoly such as Central Power and Light (CPL) from becoming a giant monopoly. He said the Council has not allowed for competition, which is not fair to ratepayers. City Attorney Bray replied that they are in the process of reviewing with the utility counsel in Austin CPL' s request to pass on fuel price increases through an increase in their rates. He said they will provide more information to the Council at a later time. Mr. Bray explained that CPL's request is in relation to recent increases in natural gas prices and does not pertain to CPL' s merger last year. He said staff will bring a resolution to the Council authorizing participation in the PUC proceeding but there will not be a hearing before the Council since the PUC has exclusive jurisdiction regarding fuel costs. A brief discussion ensued and several Council members commented about the need to be kept informed about this proceeding. Mr. Garcia said staff can provide a presentation on the different components that are involved in the rate structure. Mr. Abel Alonzo, 1701 Thames, discussed the public's perception of the City Council and public trust in them. He said a majority of citizens are economically disadvantaged and cannot afford any more increases in CPL's rates. He urged the Council to discuss this issue in public. Mr. Foster Edwards, 118 Alta Plaza, commended city staff for their efforts in cleaning up trash in the city. Mr. Carlos Torres, 6014 Ayers, said he is the newly elected president of the Corpus Christi Firefighters Association Local 936. He said the new executive board is ready to work with the City Council and they will be participating in collective bargaining, Council meetings, staff meetings at union headquarters, and townhall meetings held by Council members. He said he or a board member 3 Minutes Regular Council Meeting January 11,2000 Page 4 will be available to meet with the Council, city staff, or citizens at any time during their two-year terms. He then introduced the members of the union executive board and union stewards: Rick Rivera, Scott Marsh, Fred Vela, Daniel Rodriguez, Roel Alaniz, David Martinez, Clark McAllister, Pat Brennan, Joe Vargas, Mike Sullivan, Gerald Olivarez, Matt Bitoni, Pete Gideon, Scott Moreland, Chris Krupa, Jim Devisser, and Mark Wagner. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. He fIrst recognized three city employees who were "Unsung Hero Award" recipients: Juan Lerma, Wastewater Division Field Representative; Carrie Mae Floyd, Oveal Williams Senior Center Supervisor for Senior Community Services; and Paul Sosa, Equipment Operator. The Mayor then recognized the Y2K Task Force members. He noted that three citizen volunteers--Lamont Taylor, Alex Harris, and Al Jones--headed the Y2K initiative and for the last two years several city employees have been working on the city's Y2K preparations. Several city employees then joined Mayor Neal at the front of the Council Chambers as he praised them for their efforts, particularly on December 31st and January 1st. The third presentation was made by the Mayor's Millennium Celebration Committee, consisting of Barbara Black, Lena Coleman, Alex Garcia, and Joe Ochoa. They discussed the successful events that were held on New Year's Eve and plans for the 2000 New Year's Eve celebration. They also discussed the new Web site that has been created to promote the city's year- long millennium events, they recognized the event's sponsors, and they thanked the Mayor's staff (Diana Garza and Barbara Williams) for their efforts. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-10). Council members requested that Item 5 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: 3. MOO-DOl Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Govemments Bid Invitation No. CBCOG-OO-I 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. 4 Minutes Regular Council Meeting January II, 2000 Page 5 Sysco Food Service San Antonio TX 90 Items $49,021.54 LaBatt Food Service Camus Christi TX 102 Items $24,829.42 Ben E. Keith San Antonio TX 66 Items $10,020.92 Sam Hausman Meats Camus Christi TX 2 Items $7,628,01 Lance, Inc. Charlotte NC lItem $709.02 Grand Total: $92,208.91 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4.a. ORDINANCE NO. 023901 Ordinance appropriating $71,032.24 from the Reserve for Capital Outlay in the No. SIlO 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4.b. MOO-002 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. MOO-004 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 7.a. ORDINANCE NO. 023903 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. 5 Minutes Regular Council Meeting January 11,2000 Page 6 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.b. MOO-OOS 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 public education on pollution prevention and air quality in Nueces and San patricio counties. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 8. MOO-006 Motion authorizing letter of appreciation to Congressman Ortiz, Senator Gramm, and 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 9. ORDINANCE NO. 023904 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.a. MOO-007 Motion to amend prior to second reading by revising provisions for masonry-type fencing in a "B-2A" District. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, 6 Minutes Regular Council Meeting January 11,2000 Page 7 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.b. ORDINANCE NO. 023905 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. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, purchase of two ambulances. Responding to Council Member Colmenero, City Manager Garcia said these two ambulances are replacement units. Fire ChiefJ.J. Adame said the Fire Department has 12 medic units, of which seven are front-line units. These two ambulances will replace two of the front-line units, which will go into reserve; in addition, some of the older reserve units will be disposed of. He and Mr. Garcia also described the Houston-Galveston Area Council of Governments purchasing program. Council Member Garrett pointed out that these replacement ambulances do not increase the number of ambulances that are available. Mr. Garcia agreed, explaining that in order to do so, the city would have to purchase another ambulance and provide seven paramedic firefighters to staff it. In response to other Council questions, the City Manager and Chief Adame further discussed how emergency services are provided throughout the city. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 023902 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. 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. 5,b. MOO-003 Motion approving the purchase of two ambulances from the Houston-Galveston Area 7 Minutes Regular Council Meeting January II, 2000 Page 8 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. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal referred to Item II, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11. Case No. 1299-1. Hi-Lo Auto Supply. I..P.: A change of zoning from a "B-1" Neighborhood Business District to a "B-3" Business District on Schanen Estates Unit I, Block 10, Lot 3A, located on the northeast corner of Weber Road and Schanen Boulevard. City Secretary Chapa said the Planning Commission and staff recommended 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 conditions. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023906 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 I; amending the Comprehensive Plan to account for fu"'1Y deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 12. Case No. 1299-4. Rev Ramos: A change of zoning from an "A-I" Apartment House District to a "B-1" Neighborhood Business District on David Brown Tract, being the east half of Lot 19, located on the northwest corner of Sonora and Cleo Streets. 8 Minutes Regular Council Meeting January 11,2000 Page 9 City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023907 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-1" Apartment House District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting ~'Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 13. 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 I 0, Lot 3, located on the southwest comer of Coleman Avenue and Brownlee Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of an "A-2" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023908 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * 9 Minutes Regular Council Meeting January 11, 2000 Page 10 Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 14. Case No. 1299-9. HEB Grocerv Co./JDS Investments: A change of zoning from an "R-IB" One-family Dwelling District to a "B-1" Neighborhood Business District on La Arboleda Subdivision, Block 3, Lots I-IS, located on the northeast comer of Tarlton and MacArthur Streets. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Council Member Gonzales asked Ms. Debbie Lindsey-Opel, Public Affairs Manager representing HEB Grocery Company, to describe the project. She explained that HEB is planning a $10 million investment in what will be the largest HEB store in Corpus Christi at 83,000 square feet. She said that two other HEB stores will be closed in order to consolidate services at the new store. She added that they are working with the Regional Transportation Authority (RTA) to ensure that the customers will have access to the site and they hired a traffic consultant to study traffic issues in the area. They have also met with the residents to hear their concerns. Mr. Dennis Rion, representing Pape-Dawson Engineers of San Antonio, further described the project, which will be located at South Port Avenue and Tarlton Street and will include a drive- through pharmacy and fuel center. He discussed the routes that trucks will take and re-_e proposal for an enhanced bus stop in front of the store. Mr. David Seiler, Traffic Engineer, also commented on discussions city staffhas had with representatives ofHEB and RTA concerning traffic concerns. Dr. Gonzales asked if there was a need for a traffic signal at MacArthur and Tarlton streets. Mr. Rion replied that according to traffic projections through 2005, there will not be a need to signalize that intersection. Dr. Gonzales then asked if HEB would be willing to put in a traffic light there if the need existed. Ms. Lindsey-Opel said HEB has a long~standing reputation of being a good corporate citizen and they would discuss that issue with the city if need be. Mr. Louis Whetstone, Unit Director at the planned store, said that probably about six to seven HEB trucks will make daily deliveries. In response to Council Member Colmenero, Mr. Rion further discussed pedestrian and student traffic at the nearby intersections, as well as parking and bus traffic. Ms. Lindsey-Opel added that this development is expected to generate approximately $250,000 in taxes for all taxing entities. Council Member Garrett asked ifHEB would be willing to donate their facility at Baldwin and Morgan to the city as a communications center. Ms. Lindsey-Opel said HEB would be willing to meet with city officials about that issue. With regard to traffic movement, she said HEB' s traffic engineer would like to make recommendations to city staff on how to better synchronize the state- controlled signals with the city-controlled signals to improve the traffic flow. Council Member Cooper commended HEB for what they have contributed to the community. 10 Minutes Regular Council Meeting January 11,2000 Page II Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 023909 Amending the Zoning Ordinance, upon application by H.E. Butt Grocery Company/IDS Investments, by changing the zoning map in reference to Lots 1-15, Block 3, La Arboleda Subdivision, from "R-lB" One-family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance 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 15, airport revenue bonds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. MOO-008 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. 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, oil and gas well inspection and permit fee increases. There were nO comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 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 11 Minutes Regular Council Meeting January I 1,2000 Page 12 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 I, 2000. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, amendments to the water rate ordinance. There were no comments from the audience. Responding to Council Member Kinnison, City Manager Garcia replied that this proposal will not impact customers' rates in the newly annexed areas of Mustang Island. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 023910 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding capacity-volume treated water rates; providing for an effective date. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 18, Agnes-Laredo parking lot renovations. There were no comments from the audience. Council Member John Longoria referred to the project budget (p. 188 of the support material), and he questioned whether the city could grant a one-time waiver of the construction inspection cost of $5,254.50 and use that money to supplement the art in public places line item (budgeted at $812.50). City Manager Garcia replied that the construction inspection is an expenditure and he would not recommend not conducting the inspection. He said he would prefer that the Council direct staff to find additional funds to increase the art budget line item. Council Member Betty Jean Longoria said they intend to place a quality piece of art in that location and members of the Westside Business Association will be visiting an artist's studio in Rockport to view some art pieces. Responding to Council Member Colmenero, Mr. Angel Escobar, Director of Engineering Services, said the project is estimated to be completed in March 2000. Mr. Longoria asked about a grant that the project received from the Texas Arts Commission in October 1998. Mrs. Longoria explained that that grant is for tiles that will be applied to the bridge columns within the project. She said the approximately $800 for art in the budget is for another piece 12 Minutes Regular Council Meeting January 11,2000 Page 13 of art that is planned. Mayor Neal pointed out that the art line item is a standard percentage (1.25%) of Community Development Block Grant funds. Mr. Longoria made a motion to amend the project to add $4,000 to the art in public places line item; seconded by Mrs. Longoria. Mayor Neal said that would mean the $4,000 would have to be taken away from another project, and Mr. Kinnison said they had no idea where it would be coming from. City Secretary Chapa polled the Council for their votes on Mr. Longoria's motion, and it passed by the following vote: Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Neal, Colmenero, Kinnison, and Scott voting "No." Mr. Scott said he thought the motion to amend set a bad precedent, and Mr. Kinnison said the project as amended is out of balance until staff identifies a funding source. Mr. Chapa pointed out that Mr. Longoria's motion to amend did not apply to the specific agenda items (18.a.-18.c.) but to the project budget in general. Following additional discussion, Mr. Garrett said that when he voted for the motion to amend, he was under the impression that the City Manager would come back to the Council with a funding source for the additional monies. Mayor Neal asked if the Council would accept Mr. Garrett's change in vote, which they did and it resulted in the previous motion failing to pass. Mr. Longoria made a motion to direct the City Manager to find an additional $4,000 to apply to the art project for the Agnes-Laredo parking lot renovation project; seconded by Mrs. Longoria. The Mayor called for a voice vote on that motion, and it passed unanimously. Mr. Chapa polled the Council for their votes on Item 18 as follows: 18.a. ORDINANCE NO. 023911 Ordinance appropriating $35,000 from the Regional Transportation Authority (RTA) in the No. 1050 Federal/State Grants Fund for the Agnes-Laredo parking lot renovation project. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 18,b. ORDINANCE NO. 023912 Ordinance appropriating $6,000 from the Westside Business Association (WBA) in the No. 1050 Federal/State Grants Fund for the Agnes-Laredo parking lot renovation project. .-- .. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13 Minutes Regular Council Meeting January 11,2000 Page 14 IS.c. MOO-009 Motion authorizing the City Manager or his designee to execute a construction contract with Isensee Construction for a total fee not to exceed $S4,750 for the Agnes-Laredo parking lot renovations. 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 19, public art for Fire Station #7. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOO-OlO 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. 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 20, public art for the Janet F. Harte Library. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 20. MOO-OIl 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 ofFiour Bluff High School. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal recessed the Council meeting for the meeting of the Corpus Christi Industrial Development Corporation. * * * * * * * * * * * * * 14 Minutes Regular Council Meeting January 11, 2000 Page 15 Mayor Neal announced the 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-l2-7404-A, 107th 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 the following motion, which was seconded by Council Member Scott: N.1. MOO-Ol2 Motion authorizing the City Attorney to tentatively agree to settlement of City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-l2-7404-A, 107th District Court, Cameron County, Texas, substantially in accordance with the City's filed objections, subject to Council approval. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia asked Mr. Andy Leal, Solid Waste Services Director, to provide a report on the successful "Cash for Trash" event that was held January 8th at the Elliott Landfill. Using a computer presentation, Mr. Leal said marketing and media coverage were utilized prior to and during the event. He said that 463 customers were paid for their trash for a total of almost $6,000, with payments ranging from a low of$l.OO to a high of$323.00 (the average per customer was $13.00). He said a total of about 119 tons of debris were brought to the landfill and five more events are planned. Mr. Leal thanked the Council for their support as well as the Beautify Corpus Christi Association. Responding to Council members' questions, Mr. Leal said staffis still evaluating the city's costs for the event and he added that other cities have called to receive more information on the concept. The Council then commended staff for their efforts. Mr. Garcia said that next week is the Council's monthly presentations meeting. He said the discussion on the disparity study has been rescheduled for January 25th when a full Council will be present. Mayor Neal announced that a 'Talk to the Mayor" forum will be held January 12th at 6 p.m. in the Council Chambers. He then called for Council concerns and reports. Mr. Garrett said a citizen was concerned about a traffic hazard at the intersection of 15 Minutes Regular Council Meeting January 11,2000 Page 16 Goldeneye and Pintail. Mr. Garcia said staffhas spoken with that citizen about his concerns but they will discuss it with him again. Mr. Garrett also asked about the status of the Frost Bank building. Mr. Garcia said that on November 9,1999 staff reported on the results of their requests for proposals for additional office space, and the Council authorized staff to negotiate a lease agreement with Frost National Bank for utilization of the Frost Bank building (located at 2402 Leopard Street). He said staff is in the process of negotiating with Frost representatives on the lease terms and provisions and simultaneously staff is refining what city departments will be housed in the new building. Mr. Garcia said once the lease is negotiated, staff will bring it to the Council for formal adoption along with a financing plan. Mr. Garrett said that while the north side of the T-Head has improved, he questioned what will be done with the south side of the T-Head. Mr. Tony Cisneros, Director of Park and Recreation, said staff intends to refurbish the shade structures and clean up the area. Mr. Longoria referred to a memo about the city seal contest. Mr. Cisneros said staff needed direction from the Council about whether to tie in the contest to the year 200 I or 2002. Mr. Longoria also asked about the request from the Sister City Steering Committee to name the area between the old County Courthouse and the new federal courthouse as "Sister Cities Parkway." Mr. Cisneros said it will be on the Council agenda for January 25th. Mr. Garcia added that according to the City Attorney, the City Council can choose to name city property that does not already have a name and is not a city street. Mr. Longoria also referred to several letters from Ballet Nacional that the Council has received. Mr. Garcia replied that staff will provide the Council with their responses to Ballet Nacional's letters, including a list of Hispanic arts organizations that the city funded in the last budget. He the Ballet Nacional's objective is for the city to provide them with a building in Heritage Park and staff informed them that if such a building became available, they would be considered along with other organizations. In response to another question from Mr. Longoria, Mr. Garcia said that Ms. Pat Eldridge (Management Assistant V in Police Administration) is managing the day-to-day activities of the Crime Control and Prevention District with support from several police commanders. Mr. Longoria said he thought a police captain would be assigned to oversee the operation of the Crime Control District. Mr. Garcia said that Police Chief Pete Alvarez essentially felt that they did not have a spare captain. He added that he generally relies on the Police Chief to run the Police Department, but he can overrule the Chiefs decision and order him to assign a police captain to the Crime Control District. Mr. Longoria said he was not sure that the Council was asking for that, but he wanted the City Manager to assess the situation. Mr. Garcia also briefly discussed some of the results of the International Association of Chiefs of Police study. Mr. Kinnison said that during the Council's joint meeting with the Crime Control District Board on September 14,1999, the Council requested copies of the district's fmancial statements and meeting minutes, which they did not receive until about one week ago. He said the Council needs 16 Minutes Regular Council Meeting January 11,2000 Page 17 to revisit many items of concern. Mayor Neal said they are losing important ground in building trust with regard to the Crime Control District. Mr. Colmenero said that the district's accomplishments are important to the public, particularly in light of the city's planned bond election. Dr. Gonzales said it is incumbent upon the Council to make sure that the Crime Control District Board follows up on the Council's requests. Mr. Longoria suggested that the person administering the district's activities should be officed at City Hall. Mr. Colmenero referred to a list of proposed projects for the bond issue 2000, and he said that Home Road and Ayers Street should also be included in the bond election because they will be affected by the Crosstown interchange project. He said another important street, Gollihar Road, is already included in the proposed bond projects. Mr. Garcia said they can substitute Home and Ayers for other projects, but he noted that they were limiting the number of capital projects based on the ability to pay for them and the tax increase that will be associated with them. Mayor Neal said the Council has not even studied staff's proposals for the bond issue projects. A brief discussion ensued. Mr. Kinnison asked about the Council's request for information about the proposed use of the tobacco suit settlement funds. Mr. Garcia replied that city staffhad initial discussions with the County Judge when the tobacco settlements were occurring about 1'l2 years ago but there have not been any discussions since. He said he believes they are waiting for the Attorney General's Office to make the allocations. Mr. Kinnison also commented that it is good to respond to citizens when they come forward with problems, but they have to remember that the city has limited resources which have to be prioritized. Mrs. Longoria asked about the status of the old Frost Brothers building downtown. Mr. Tom Utter, Assistant City Manager for Development Services, said the Padre Island Brew Pub and Restaurant has already opened in that building, which was a $650,000 investment. In addition, the Department of Housing and Urban Development has said they will fInance the planned apartments in the building. However, the developers have not yet been successful in fInding a retail operator to be located in the area below the apartments. He also discussed the Furman Building parking area. Mrs. Longoria said she would like to view the cruise dock at the port. Mr. Scott asked about the status of the Art Museum's expansion plans. Mr. Utter said Mr. John Dykema (President of the South Texas Institute for the Arts) received several detailed drawings which he forwarded to the institute's architect. Mr. Scott asked when the city will begin negotiations with the R T A regarding their funding of street repairs. Mr. Garcia said they were planning to begin right after the fIrst of the year. Mr. Scott also said he has received complaints from residents in Flour Bluff and the island about duck hunters. City Attorney Bray said there is a city ordinance which defInes an area offshore that specifIcally allows duck hunting. Mr. Garcia said staff can review that ordinance with the Council and provide options for amending it. Mr. Scott added that there are many people who are anxious for the Crosstown interchange to be completed. Dr. Gonzales said it is important for the interchange project to be examined since it affects many people. 17 Minutes Regular Council Meeting January 11,2000 Page 18 Dr. Gonzales also referred to plans for a third municipal golf course. He said staff made a presentation to the Council about it, but the Council did not make a decision on where it would be located or about developing it in parmership with private interests. Dr. Gonzales said he wanted it to be included with the bond issue because it involves economic development, and he requested a report on how the Council reached the decision regarding the golf course and if there are any other options for the golf course site. Mr. Garcia replied that staff can provide that report and he added that they would never presume to make a decision like that without having reviewed the idea with the Council and requesting their authority to go out for requests for proposals. Mr. Cisneros said staff made a presentation to the Council several weeks ago (October 19, 1999) about a third golf course. He said they discussed locating a golf course adjacent to the landfill and the process they would follow to determine the amount of interest for a public-private parmership to develop the golf course. Responding to Mrs. Longoria, Mr. Cisneros said there is an additional 80 to 90 acres adjacent to the Oso that are undeveloped; however, a minimum of200 acres are needed for a full18-hole golf course. Dr. Gonzales said there were plans in the past to build a nine-hole extension there. Mr. Garcia said staff can provide a copy of the minutes of that discussion. In reply to Mr. Scott, Mr. Cisneros said the due date for the request for interest is January 17, 2000. City Secretary Chapa noted that the National League of Cities Congressional City Conference will be held March 10-14, 2000, and several Council members and the City Manager are planning to attend. He asked if the Council wished to shift the March 7th and March 14th meetings. A voice vote was taken and passed to schedule a Council meeting on March 7th and to cancel the Council meeting on March 14th. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:00 p.m. on January 11,2000. * * * * * * * * * * * * * 18 STAFF BOOK (UNBOUND) DO NOT REMOVE CITY COUNCIL AGENDA \ City of Corpus ChrIsti January 18,2000 2 January 15, 2000 AGENDA ITEM: Motion approving a Supply Agreement with Cover Foam Services, Inc., Florence, South Carolina, for synthetic daily landfill cover material for an estimated annual amount of $214,200 based on a sole source supplier. The supply agreement is for a twelve month period, with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funding is provided in the Solid Waste Services operating budget. ISSUE: Daily cover is required by Municipal Solid Waste Regulations. Alternate (synthetic) daily cover (ADC) is allowed by the regulations and has been utilized by Solid Waste Services for several years as an effective daily cover system. The current supply agreement expired in December. BACKGROUND: ADC has been used as part of the landfill operation for several years. Cover Foam Services has provided the ADC for these years. The coverfoam ADC is an air injected, two component synthetic foam that is sprayed onto the landfilled solid waste surface to form a protective foam blanket that after curing has the consistency of styrofoam. Solid Waste Services purchased the coverfoam equipment in 1994 and has used this ADC system since them. The proposed supply agreement pricing for the ADC (resin and foam concentrate) material is the same as in the previous three year supply agreement--$180/drum of resin and $800/drum foamer concentrate. The use of ADC has helped extend the life of the landfill by replacing dirt as daily cover. RECOMMENDATION: Approve the supply agreement as presented. ADDITIONAL SUPPORT MATERIAL Background Information 0 Agreement Summary 0 Ordinance/resolution 0 Map(s) 0 19 3 AGENDA MEMORANDUM January 13, 2000 SUBJECT: Acquisition of Parcel Nos, 18 & 18 U.E. by Condemnation for the Spur 3, Phase 2 Improvements Project AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation award of $17,305 for acquisition of Parcels 18 and 18UE located on Ennis Joslin road between the Pharaoh Valley Golf Course and Pharaoh Drive in connection with the Spur 3, Phase 2 Improvements project. ISSUE: The Spur 3, Phase 2 Improvements project calls for the acquisition of Parcel Nos, 18 and 18 U.E. for the widening of Ennis Joslin Road, The Spur 3 project will provide improved access from South Padre Island Drive to the entrance of Texas A & M - Corpus Christi. A condemnation hearing was held on January 6, 2000 and the Special Commissioners' award was $17,305, The acquisition requires Council approval. FUNDING: Funds for this acquisition are available from the Street Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented, r , / 4~ A e R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Location Map Exhibit D. Information Summary Exhibit E. Special Commissioners' Award Spur 3. Phase 2 Acquisition of Parcel Nos. 18 & 18 V.E. H:\HOME\SHELBY\GEN\AG99\ACQUITNS\SPUR3.P2\PARCL-18.M Pagelof1 20 BACKGROUND INFORMATION SUBJECT: Acquisition of Parcel Nos. 18 & 18 U,E. by Condemnation Spur 3, Phase 2 Improvements Project PRIOR COUNCIL ACTION: See Exhibit "B." OVERVIEW: Background: When Corpus Christi State University became part of the Texas A&M University (TAMU) system, the need to upgrade the access to the campus became apparent. Through the efforts of a number of government and business leaders, the route from South Padre Island Drive (SPID) to the TAMU-CC campus (Ennis Joslin Road, Alameda Street and Ocean Drive) has been designated State Spur 3. The Texas Dept. of Transportation (TxDOT) was authorized to proceed with the preparation of plans and specifications for the project. In November, 1993, TxDOT and the City executed an agreement whereby the City was responsible for acquisition of right-of-way (ROW), relocation of conflicting utilities, and mitigation of environmental concerns. The State was responsible for preparation of the required maps and descriptions necessary to acquire the ROW, prepare the plans and specs for construction, and administer the construction contract. Water, sewer, gas, electrical and telephone lines have been installed within a portion of the ROW in order to upgrade utility service to the University in anticipation of future expansion. Construction for Phase 1 of the project (Ocean Drive between the Alameda/Ocean Drive intersection and TAMU-CC) has been completed. Parcel: The subject parcels are located on Ennis Joslin Road between the Pharaoh Valley Golf Course and Pharaoh Drive, Parcel No, 18 is a fee simple acquisition containing 3,185 square feet, and Parcel No. 18 U, E. is a utility easement containing 2,908,05 square feet. These parcels are being acquired for the Spur 3, Phase 2 street improvements and utility relocations. The City made an offer to the Seaside Villa Council of Co-Owners, Inc., as trustee for the unit owners, in the amount of $17,305, but an agreement could not be reached on the damages. On July 27, 1999, Council authorized eminent domain proceedings, A condemnation hearing was held on January 6, 2000, and the Special Commissioners' award was $17,305. A map (showing the location of the property), the appraised value, and the Special Commissioners' award are included as Exhibits "C," "D," and "E." No title company is involved in this transaction, ,... .. ~ Exhibit A II 21 Page 1 of 1 PRIOR COUNCIL ACTION 1. Seotember 1992 - A delegation of City, County and Chamber of Commerce officials made a presentation to the Texas Transportation Commission requesting that the access route to Texas A&M University - Corpus Christi be designated as a State route. 2, November. 1992 - Resolution No, 021514 supporting upgrade of access to Texas A&M University - Corpus Christi and commitments of the City to right-of-way acquisition, utility relocations and environmental mitigation. 3. November. 1993 - Resolution No, 021812 authorizing the City Manager, or his designee, to execute an agreement with the Texas Department of Transportation (TxDOT) relative to the improvements to State Spur 3 (Ennis Joslin Road, Alameda Street and Ocean Drive), 4. Seotember 1995 - Resolution No, 022346 authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the State of Texas for work ::J be constructed by the State and paid by the City, 5, December 12 1995 - Resolution No, 022434 authorizing condemnation proceedings by the City to condemn fee title and to acquire a 20-foot temporary construction easement for five parcels of land along Ocean Drive east of its intersection with Alameda Street for the Ocean Drive Spur 3, Phase 1 Project. 6. Seotember 10. 1996 - Motion No. M96-279 authorizing the acquisition of Parcel No, 1 from the County Line Properties, Inc. 7, September 24. 1996 - Motion No, M96-295 authorizing the acquisition of Parcel NO.3 from Second Convenience Stores Properties, Inc, 8. January 19. 1999 - Motion No. M99-010 authorizing the acquisition of Parcel No. 30 from Bonnie Lee Tatford. 9. May 18 1999 - Motion No, M99-145 authorizing the acquisition of Parcel Nos, 2 and 2 U.E. from C. C, Shores II, LId, 10, Julv 27. 1999 - Resolution No. 023701 authorizing condemnation proceedings to acquire Parcel Nos, 18 and 18 U,E, from Seaside Villa Council of Co-Owners, Inc., as Trustee for the unit owners and their lienholders. 11. August 24. 1999 - Motion No, M99-281 authorizing the acquisition of Parcel No, 4 from Apex Golf Properties Corp. 12. September 21. 1999 - Resolution No, 023769 authorizing condemnation proceedings to acquire Parcel No, 29 from John L. Johnson and wife, Janet J. Johnson and from the lienholder, Frank Miller, 13, October 12. 1999 - Resolution No. 023789 authorizing condemnation proceedings to acquire Parcel No, 34 from Leona Estes, 14, November 9 1999 - Resolution No, 023826 authorizing condemnation proceedings to acquire Parcel No. 32 from Curtis W. and Sharron K. Bennett. 15, November 16 1999 - Resolution No. 023842 authorizing condemnation proceedings to acquire Parcel No, 27 from William McDonald Riddick, et al. 16, November 16 1999 - Motion No. M99-397 authorizing acquisition of Parcel No, 21 from Sheila Snyder, 17. December 14 1999 - Motion No, 99-424 authorizing aCQuisition of Parcel No. 29 fr",.,., ,I ',' L. JDhnson and wife. ;t L. Johnson, 22 II Exhibit B II Page 1 of 1 \ \ ""'- " y >>-. ~~.~i;o~.' HE OSO BAY PHARAOH VALLEY GOLF COURSE OWNER: APEX GOLF PROPERTIES CORP. THE SHORES APTS. c ~ 0.... lI!:: ~ 11. UOICt a-s_ r exhibit - ~ ~ SPUi 3-PHASE II. OCEAN DR. TO SP.I.D. PARCEL :J.B. :J.B LiE. 23 CITY COLNCIL.. EXHIBIT QS.1:.y 0'" CCM""'D"". c:t""r't.a'C.s,. T...._ SCAl-E; l' - 400' Date: 6129/99 PSQe: 1 ~2- c..:=-~-:3 ..._I...._--..JJ~,..TlQrT'"JCltt:M -.. 1/ v' , LOT 20 BLX.4 :J.Q02' :J.QD4' ARC I... T. 2aoo' (UTII...ITY EASEJo'ENn SEASIDE VILLA LEGEND 1/ / / / J PARCEL 18 (3.185 Sq. ftJ .".,;.;"""". A""""'" 18 UE. (2.908.05 sq. ftJ r~:::~.:;:",*" .",.,~ SPLR 3-PHASE I I. OCEAN DR. TO SP.I.D. PARCEL 1a 18 UE C:::1.tv 0""- COr"'1::M..U& C~_1:.:1... T____ ~ ~ ~ ~ ~ ~ ARC I... T. 245.SS' 9.84' ~ ~ ~ n CXHIBIT "e-: SCALE: 1" = 40' 24 O~ 0'" E~ .---..s.~ natA! 7/131QQ CD""". 2 ",oF ? -- -.., INFORMATION SUMMARY SPUR 3, PHASE 2 IMPROVEMENTS PROJECT PARCEL NOS. 18 and 18 U.E. Owner: Seaside Villa Council of Co-Owners, Inc., as trustee for the unit owners and their lienholders Location: Ennis Joslin Road between the Pharaoh Valley Golf Course and Pharaoh Drive Zoning: A-1, Apartment House District Size: Whole Property: Part Taken (ROW): (U.E.) 3,11 acres 3,185 s.f, 2,908.05 s,f. Platted: Yes Tax Value: $98,638/acre ($2.26/s,f.) - whole property Appraised Value: Thomas F, Dorsey, MAl. Land,............,.............................,........." $ 6,370 ($2.00/s.f,) U.E.."........,..,.........,....,.....,.."...,............. $ 4,362 ($1.50/s.f.) Damages (sign, entrance drive, landscaping) $ 6 573 Just Compensation........,.., ..................... $17305 City's Offer: $17,305 Condemnation Authorization: Resolution No, 023701 on July 27, 1999 Condemnation Hearing: January 6, 1999 Special Commissioners' Award: $17,305 II Exhibit D II Page 1 of 1 25 CAUSE NO. 99-61642-4 CITY OF CORPUS CHRISTI ~ IN THE COUNTY COURT V. ~ AT LAW NUMBER 4 SEASIDE VILLA COUNCIL OF CO-OWNERS,INC. ~ NUECES COUNTY, TEXAS . AWARD OF SPECIAL COMMISSIONERS On the 6th day of January, 2000, in the City of Corpus Christi, Nueces County, Texas, the above-styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders ofNueces County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law No. Four ofNueces County, Texas, to assess the damages caused by these proceedings. The Plaintiff, City of Corpus Christi, a municipal corporation located in Nueces County, Texas, appeared through legal counsel, Carol Bray. The Defendants although duly served, i-aikd tv ~J-'J-'~~d appeared through their representative/ fltl!l8ar~d tbr.QygR l~go 1 CO'lllsek The Commissioners proceeded to hear the evidence and arguments of the parties and made the following findings: I. That on September 28, 1999, the City of Corpus Christi, Plaintiff, filed its "Original Statement and Petition in Condemnation" with the clerk ofNueces County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi fee simple title to the land described in Exhibit ~A", excluding the oil and gas rights, for the purpose _ of construction of a roadway and other municipal purposes. said land being situated inside the ~ corporate limits of the City of Corpus Christi, Nueces County, Texas; and sought judgment vesting :--- u.) ;r.:~ .:..... '-'-' 4436.con\CONDEMN.IIO 26 EXHIBIT "En in Ow CilY nt'('orpu.'; Chn:..;ti. .UI \:J.::'CHJ(:11l III Iiii::' iJl'op(-':r1T de.s~rlb:;cl ii"~ "~.,) I:Xdllijuq.;. dIe u:(1 ,-wu ,~J::; li!~IHS" kli lhe (llOTJnsr: OJ 111i1ilii;S ;lnd olllej' ruunicipal!JUlfJOses. Ii. That upon consideration of the said \vrinen SI(ll.elYWfH so filed by' Plairaiff. ih_f: Judge oi"ib~ County Couri: Zo_l Lal,.\' !,~u. Foul u{ .\Iueccs Count\'. did appoint tlu"ee disinterested fj"CellOJU\~tS 01 l\]ueces Count~... Texas, ns Speci8.! Con1nlissio(1('TS 1O (i.ssess (he darnages caused. by the taking of said !....!ufJ(~n\i. dF:' ~:a;d~; i.J\-;(;JiJ-J (~ou'.tjll'.S~; IO"i!(';r:::: ctr.ri U\. \;\,'. ;-i:iIC.U ;,iI(I., rl, .-<:~: ,~] If' '~!~(!_ (1l)ljGll~i: Lhe Co;:.1 (~(_l.\' n! J::-:Dp,11\' c~onn C)-OO : 1;1 '., 11/ ':I"'~ 1_'~~:c;!llICH.I..)i, '_Ul1lll\ \_C'I i-L ".'~ ~--jlu::ncd If: ><uef:i-~s f'()llill\' T,:'.'~;::l::;. ;~,~ IIlle, d,w.::; ~lUU l)lJ.cr'; 101 tH~;::l1jlW S(l.lt! jtaten1ent (lorj !);Jil:jf:'S .';;:'~ic1_ (hu(" ly-'inu Ul(-'-' '~H!l", dUll :.;\.[c11 LWIH!:', ltH~ COrr.nfi.-' ~:F,:1f of ll:w ""Oll1"'!.r:" in .;;,'hich ll'1;;:; ;))01)1'-:(1\ I," ,jtl~2j\X;". ("./ , d--,-~~i: soict Spt=:;Cj,'l./ COJJlJllissionr--:r:-; dpl\" 'll1:-IiiHprJ:1n ':11'-"(' 'J r ,_ L!!, I,) J. ,~~; L !. (jj I. (1 I) " !;-;'\' , \irir'l. <-';lill'.: I{- '-;'1 J 1:0 ,., ;, I_I:_'~;,-'-:: )1 I.:""~ (;'1'::'\'" \/ ih8J OU I.h2 6dl cby of." ,);)lH,I:;IL,\ ~()OO ';<1id SpC(~j;:1J C\}!.!l1'nissioner.s did cOll'ilenr=:'.l!lcl tile j~ol((n\'in:!IJilr"(lpd 1l,lYlir-.::; cEcJ appc.Jl' il; fJi."i;,OlJ UI. Ln' liJJ~(! nri'nlilf'\" y' oL \ :nijJt.I,(~ C j-UISIL U\ ,11.16 il11C)llPj-; ( '.'\H)J C_,:,ti=.':=!3j(l\' ;'\,:;,':;i <' r'" " .; '-: ~Uj), ne) oi the City' ~,j' CCll i'I~' C'!J,i _;_:;11_ i (-.,\ "_J. and d1(~ O(~fpnJbnrs r~e~1:~id(;Vil];1 ('OlnwiJ '.If ~u ()i;'/ilfT~ LilL. ~11i:I1ough llul\.' scr\'cd {G.~'~z~d Y~'lp~JC''':~-~:/ D.ppenrecl d1{(Jugh C;,_ ,,-,\.::' " ,,\, ') --~'.')~::--:,. -'.-' ~):"""'\ '~\.:.:)..);~ '\ \"'\ ('~. '':''', ---" <:. .' ~j{+;.g<.-l-~Gg-~-hf0i.it"h' ch ~ 1 t ~,_~.'>~";.i;>;-~H 1'(;CO((:C-- ;1lid ,1.\lnollnr(-c1 n~:Jdy (01 s11cIJ IH~m-;tl.() ;lfl.d s21cl :";pcc,iaJ !:~36.COll\(,O:-<D[\1:--! .11 () 27 Commissioners proceeded to hear evidence as to the damages which wi1J be sustained by the owners by reason of the taking of said land. VI. The land subject of the taking is as follows: Fee simple title to the property described as 3 I 85 square feet out of Block A, Pharaoh Valley Subdivision as described on the attached "Exhibit" A", excluding the oil and gas rights; An easement to the property' described as 2908 square feet out of Block A, Pharaoh Valley Subdivision as described on the attached Exhibit "B", excluding the oil and gas rights. VII. The Special Commissioners find that the City of Corpus Christi. as Condemnor, offered to pay $17,305. to the property owners before these proceedings began. After hearing and consideration of all such evidence, said Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Corpus Christi according to the rule of damages set forth in the Texas Property Code, the amount of ~__v...lee-'" fAo,,~......eI -rhra ~,J r=;'v" 1",,11_, ($ / 7, }",S.oa) Do1Jars for said property to the Seaside Villa Council of Co-Owners, Inc. in trust, as trustees to be used for restoration and repair of the remaining common elements with the remainder to be distributed by them, divided among the unit owners, or lienholders, as indicated by their records, in proponion to their interests. The accrued costs of this proceeding are hereby adjudged against -fhe (',') ~/ r)."'</J, , ().. y, of , Signed this the 6th day of January, 2000. SPECIAL COMMISSIONERS ~ rP~ evv----:: 4436.con\CONDEMN.IIO 3 28 APPROVED AS TO FORM: C:z"AW\ Cl",\r,. ~"""( Carol Estes Bray Attorney for Plaintiff Attorney for Defendants 4436.conICONDEMN.11O 4 29 ~tiut l/6 NUECES CQUNTY-J596-0I-002-PARCEL 18 Spur 3 Phase !I 1 OF 2 BEING a 295.9 square meter (3,185 square feet) tract of land. more or less, and pan of Block "An, Pharaoh Valley Northeast Subdivision, as recorded in Volume 31, Pages 55, Map Records, Nueces County, Texas, being the same property described in deed from Jack L Conlee to Rogers Condominium Services, Inc. dated January 7, 1980, recorded in Volume 1726, Page 798, Deed Records, Nueces County, Texas and subsequently described in the Declaration of Condominium Article of Incorporation of Seaside Villa dated January 7, 1980, and recorded in VQlume 19, Pages 255-281, Condominium Records, Nueces County, Texas. Said 295.9 square meter (3,185 square feet) tract being more panicularly described oy metes and bounds as follows: . BEGINNING at a 15 M iron rod with Aluminum Cap set on the common line of Lot 20, Block 4, Pharaoh Valley Northeast. recorded in Volume 26, Page 55 Map Records, Nueces County, Texas and said Block "A", Pharaoh Valley Northeast, on the proposed westerly right of way line of Spur 3 (Ennis Joslin Road) from which a found 15 M iron rod at the most westerly comer of said Block "A" bean: S 410 II' 59" W, 179.397 meters (588.57 feet), for the northwesterly comer of this tract; (1) THENCE: North 520 22' 43" East, with said co=on line, a distance of 3.053 meters (10.02 feet) to a IS M iron rod with Aluminum Cap set at the common easterly comer of said Lots 20, Block 4 and Block "An, on the existing right of way line of Ennis Joslin Road and on a 2,340.693 meter (7,679.42 feet) circular curve whose center bears N 5]0 33' 43" E , for the northeasterly comer of this tract; (2) THENCE: southerly with said existing right of way line of Ennis Joslin Road and said circular curve to the left, through a central angle of 010 49' 55", an arc distance of 74.846 meters (245.56 feet) and a chord bearing of S 330 21' IS" E, 74.842 meters (245.54 feet) to a found IS M iron rod at the t=inus of said curve; (3) mENCE: South 34010' 24" East. with said existing right of way line of Ennis Joslin Road. a distance of 13.785 meters (45.23 feet) to a 15 M iron rod with Aluminum Cap set at the common easterly corner of Tract I, The Pharaohs Country Club, recorded in Volume 33, Page 69, Map Recorri~, Nueces County, Texa.< 'nd said Block "An, for th. the~rerly comer ofthi~ ,,;..;t; (4) mENCE: South 520 22' 43" West, with said common line of said Block A and said Tract I, a distance of 3.204 meters (10.51 feet) to a 15 M iron rod with 0:14184\ I JO\mbds\ParceI18.mbd April 6. 1999 30 ~~... .......... . k5zhdtd C/16 NUECES COUNTY-3596-01-o02-PARCEL 18 Spur 3 Phase II 2 OF 2 Aluminum Cap set at the proposed westerly right of way line of said Spur 3 (Ennis Joslin Road) for the southwesterly corner of this tract; (5) THENCE: North 340 10' 56" West, with said proposed right of way line of Spur 3 (ElUlis Joslin Road), a distance of 12.535 meters (41.12 feet) to a 15 M iron rod with Aluminum Cap set at the beginning of a 2,344.364 meter (7,691.47 feet) circular curve whose center bears N 550 49' 04" E; (6) THENCE: northerly with said proposed right of way line of Spur 3 (ElUlis Joslin Road) and said circular curve to the right, through a central angle of 000 41' 58", an arc distance of 28.617 meters (93.89 feet) and a chord bearing of N 33049' 57" W, 28.617 meters (93.89 feet) to a 15 M iron rod with Aluminum Cap set; (7) THENCE: South 56031' II" West with said proposed right of way line of Spur 3 (Ennis Joslin Road), a distance of 3.000 meters (9,84 feet) to a 15 M iron rod with Aluminum Cap set on a 2,347.364 meter (7,701.31 feet) circular curve whose center bears N 560 31 ' 02" E; (8) THENCE: northerly with said proposed right of way line of Spur 3 (Ennis Joslin Road) and said circular curve to the right, through a central angle of 000 08' 56", an arc distance of 6.096 meters (20.00 feet) and a chord bearing of N 33024' 30" W, 6.096 meters (20.00 feet) to a 15 M iron rod with Aluminum Cap set; (9) THENCE: North 560 40' 13" East, with said proposed right of way line of Spur 3 (Ennis Joslin Road), a distance 00.000 meters (9.84 feet) to a IS M iron rod with Aluminum Cap set on a 2,344.364 meter (7,691.47 feet) circular curve whose center bears N 560 39' 58" E; (10) THENCE: northerly with said proposed right of way line of Spur 3 (Ennis Joslin Road) and said circular curve to the right, through a central angle of 010 00' 43", an arc distance of 41.402 meters (135.83 feet) and a chord bearing of N 320 49' 41" W, 41.402 meters (135.83 feet) to the POINT OF BEGINNING and containing 295.9 square meters (3,185 square feet) ofland more or less. This description was compiled on October 17, 1997 from surveys made upon the ground under my supervision on October 12, 1994 and September 17. 1996. N~ct~mc. Raul A. Castillo. R.P.L.S. #5061 0:\4184\1 JOlmbdslParccl1 B.mbd April 6. 1999 31 9..._ >,.... ^ ~ ~ ~ PARCEL 21 PROP, R,O.W, GY NG Vfll-I- 55 flOr' pO. pr'flP 26' e. f. '101-' (-f.P.N' \ SLOCK 4 \ LOT 20 \ \ \ \ \ BLOCK 4 \ __ LOT./9 \ .---~... ...' "\ _--,<,"!J <" -- , \ \ <,'0'0' ..".., ft.' \. '" ";,"!J1~ \'1"!J' POINT OF BEGINNING +sz1uOd 1-\ '::=\ \ '2. \ ~ \ e"J~ \ cr:. ~ 1 ~Q, ~ (j) if) ~ \ ~ \"~I ~ \ ~XIST. R.O.W.~ SET 15 ~I IRON RODS WI \ ALUMINUM.CAPS \ \ \ \ \ \ \ G'f N~ VilL-I- oH il 5 '-'ilPil oCI< 0 :5 pr aL- p . IR :]1' e,1'. vOL-'(-f,p,N, NOTE' 6> PARCEL 18 295.9 M2 3,185 sa. CURVE DESIGNATIONS SHOWN CORRESPOND TO TXDOT R.O.W. MAP rOR SPUR 3. BEARINGS ARE BASED ON THE CENTERLINE OF SPUR 3 BETWEEN A BRIDGE SPIKE SET AT P,T. STA. 31'867,317 AND P,C. STA. 32'028.727 BEING N 34'10' 56" w, GRID BEARING, - THIS MAP REPRESENTS A BOUNDARY SURVEY IotADE UPON THE GROUND ON OCTOBER 12. 1994 AND SEPTEMBER 17. 1996 UNOER MY SUPERVISION. ~~d ~/ 4?L/?/~ RAUL A. CASTillO. R,P.l.S. NO 5061 .. - --'.-~"" CURVF DATA ~ C:. . 01'49'55" o Tm - 37.426 <122.79" Rm - 2340.693 <7679.4: Lm . 74.846 (245.55" CH . S 33'21' 15" E BLa;;- 2 CH Lm . 74.842 (245.5 LOT I ~ c:. .01.00' 43" \::J' Tm . 20.702 (67.92" Rm . 2344.364 (7691.4: Lm - 41.402 (135.8.3'J CH . N 32' 49' 41" W PARCEL 22 CH Lm . 41.402 0.35.83 -- . ~ '1l: --: 00' 08' ~6" __ 'e5' T m . 3.048 (l!lOO" -- ~ Rm . 2347.364 \(7701.31 ~ Lm - 6.096 (20.00" CH . N 33' 24' 30"\ W CH Lm . 6.096 (20:~D" \ \ 10 '0 l.:: \~ N 52'b'43' E 3.053." (10.02') 1 \ \ \ "' N 56l.40'13' E /3.0001/1 (9,84') \ 1 SET 15 M\IRON RODS WI ALUMINUM.CAPS \ SL a;;- 2 S LOT 7 IllIG of GS 2-1'3 / efl 7 eN" pOS. / PGI-1 A:5. c.r. / .. /'I. I vOl..' (-f,p. I \ __I ---- \ ---- , -- -- -- -- 20 8t~J LOT I 19 'l. LECEND NOTE' 15 lot I.R, EOUA TES TO %" IRON ROD. o . e ;.c o IRON ROD FOUND IRON ROD SET WI ALUMINUM CAP FOUND IRON PIPE DRILL HOLE SET FOUND BRASS DIS: ~ I NAISMITH ENGINEERING. INC ~ ZNGINEERING . EN' ,.IENT AL . suayg.YIblG ~ COIIPUI CHRlSft. nx.u .. . NUECES COUNTY: .3596-01-002: PARCEL 18 SURVEY Or A 295.9 SQUARE METER TRACT OUT OF PHARAOH VALLEY NORTHEAST. BLOCK A AS RECORDED IN VOLUME 31. PAGE 5S IotAP RECORDS NUECES COUNTY TEXAS. ~-.... .:.G. -..., ~.....c. .ce... 1:500 a__....jP18SI.0CN-. - .. ~. ".C. ~184 ~.'.' 11 -"-"7 i"I NOTES' 15 M I.R. EQUATES TO %" IRON ROD. BLOCK J LOT I -GzheW" A I I I I I I r&S I fSrfl 1'3 gfl Y1 12' rO:'f'J puS' r .......- 1"&1.- 45-. ~.C. ;_-- ,,01..' y/..:J--- __ __-- CURVE DATA - P A '01'49'55" ....... 0 Tm . 37.426 (122.79') . Rm' 2340.69.3 <7679.42' 17 Lm. 74.846 (245.55') CH - S 33' 21' IS" E CH Lm . 74.842 (245.54 ~ A '00'41'58" ~ Tm . 14.309 (46.95') Rm . 2344.364 (7591,H' Lm . 28.617 (93.89') .- CH . N 33' 49' 57'':'-vr CH Lm - JIl-6'l7" (93.89') ~~. 00' 08' 56" ~ Tm ::48 (10.00') _....... Rm - 2347..364 <7701.31'1 Lm - 6.096 (20.00'\ Cli - II 33' 24' 3D" CH Lm . 6.095 (2, BLOC rr/& N'PY cotJ p.orlS cr 1 69 prlp.fl rflP. pO. :;:3- c. f. "OI..'tA.P'f'J' SET 1 S M I R WI ALUMINUM CAPS <\ \ "'....'-'- t\ \,.\1'"- ~"iC , \ \ \ S 56'31',.11" W 3. OOOm (~. 84' ) \ , \ EXI~\RO'W'~ P36 co \ SET 15\101 IR W/ ALUMINli~ CAP FNO 15.101 IR \ S 34~'0'24" E 13.rgSm (45,23' 1 \ "'\ SET' 15M I R W/ ALUMl NUM CAP \ \ S 52,'22'43" W 3.204r1l (10.51' I 0\ <6:'- . \ ;:;, \ \ \ \ \ 1..0r~ PROP, R,O.W. rJ& "fll..l..&Y p.Orl C'< p. 55 prlflP el..O pO. 31 - C. ,. ,,01..' /'f.p.I'i. SEASIDE VILLA COUNCIL OF CO-oWNERS. INC. VOL. 19 PGS. 255-281 C.R.N.C. T. PARCEL 18 295.9 10\2 3185 sa. FT. BL OCK J LOT J N 34'10'56- W 12.535m (41.12' ).......-- -- -- ------ ....... ..............SET IS 101 IR W/ __....... ALUM I NUM CAP \ \ ~ \ ~ \ C'o6 \ ...., 4. \ <5c.n~ \ o..~ \ W~ \ ~ BLOCK J Lor ~ PARCEL 16 .......-- ...- ...- ...- ---- ...- - PARCEL 4 €V CURVE DESIGNATIONS SHOWN CORRESPOND TO TXDOT R.O.W. MN> fOR SPUR 3. LEGENO 0 IRON ROO FOUNO . IRON ROO SET WI ALUMINUM CAP e fOUNO IRON PIPE l( DRILL HOLE SET 0 FOUND BRASS DISK BEARINGS ARE BASED ON THE CENTERLINE OF SPUR 3 BETWEEN A BRIDGE SPIKE SET AT P.T, STA. 31'867.317 ANO P.C. STA. 32,028.727 BEING N 34'10' 56" w, GRID BEARING. .. fR NAISMITH ENGINEERING. INC. . ; ENGINEERING . F'~~"RONM[NTAL. . SURVEYING - = aII.PUS aOl1STt TUA.J THIS MAP REPRESENTS A BOUNOARY SURVEY MADE UPON THE GROUND ON OCTOBER 12. 1994, SEPTEMBER 17, 1996 ANO NOVEMBER 03, 1997 UNDER MY SUPERVISION. :// d d.~ Ire /~/!?7fl RAUL A CASTillO, R.P.L.S. 0 5061 NUECES COUNTY: 3596-01-002: PARCEL 1B SURVEY OF A 295.9 SOUARE IoIETER TRACT OUT OF PHARAOH V ALLEY NORTHEAST, BLOCK A AS RECORDED IN VOLUIoIE 31. PAGE 55 MAP RECORDS NUECES COUNTY TEXAS. ...-- :..C. _.... i'I...C. ....... \:')<lQ "4..C. ""'-'.lt11.. ~"" 11~._"'1 0... -'t:JP'8~1.QCN--=, 4 " e L of I ~pur 3 Phase n Parcel L8ue 3-30-98 TFD Spur 3 - Parcel 18-UE STATE OF TEXAS COUNTY OF NUECES BEING a 10 foot wide Utility Easement containing 0.067 Acres (2,908.05 Sq. Ft.) of land out of Block A, The Pharaoh Valley NE, as shown on map thereof recorded in Volume 31, Page 55 of the Map Records of Nueces County, Texas, a portion of the land described in deed to Frank B. Burney and recorded in Volume 2133, Page 260 of the Deed Records of Nueces County, Texas. This 0.067 Acre Utility Easement being more particularly described by metes and bounds as fonows: BEGlJ'I,'NING at a Set 5/8" Iron Rod in the southerly line of Lot 20, Block 4 of the Pharaoh Valley Northeast Subdivision as recorded in Volume 26, Page 11 of the Map Records ofNueces County, Texas and the northerly line of said Block A, on the proposed westerly right of way line of Spur 3 (Ennis Joslin Road), a circular curve to the left whose radius point bears N57"40'41"E a distance of 7691.47', being the northeast comer of this easement; THENCE southerly along said proposed right of way line and circular curve having a rndius of 7691.47', a central angle of 01051'36", an arc distance of249,69', and a tangent distance of124.86' to a set 5/8" Iron Rod on the proposed westerly right of way line of said Spur 3; THENCE S340I0'56"E along the westerly right of way line of said Spur 3 a distance of41.12' to a set 5/8" Iron Rod at the northerly boundary line of Tract I, The Pharaohs Country Club as recorded in Volume 33, Page 69 of the Map Records ofNueces County, Texas, being the southeast comer of this easement; THENCE S52022'43"W along the northerly boundary line of said Tract 1 a distance of 1 0.02' to a point being the southwest comer of this easement; THENCE N34010'56"W through said Block A a distance of 41.73' to a point in the westerly line of this easement, a circular curve to the right whose radius point bears N55049'04"E a distance of 7701.47'; THENCE northerly continuing through said Block A and along said circular curve having a radius of7701.47', a central angle of 01051 'II", an arc distance of249,09', and a tangent distance of 124.56' to a point on the southerly boundary line of said Lot 20, Block 4, Pharaoh Valley NE, being the northwest comer of this easement; - THENCE N52022'43"E along the southerly boundary line of<~;rl Lot:!O a distance of 1('0/' 'J the PG,J'r( AND PLACE OF BE ,; mNG and containing 0,00/ Acres (2,908.05 Sq. Ft.) of land. Bearings are with reference to GRID NORTH, Texas South Zone #4205, 34 '(,'1.,",,-,I..-O:k ?J ~ '1--1- ~ ~ 9s.~ t:.. ~ '1- o~ tl- <>~. ..... ... ~t\ Parcel 21-UE PoInt of BeginnIng NS:z"22' 43"E 10.04' <1'0 7~ ::J ........ V&UlW ,_ _ l:>....L --.,... ~ 21) ,,' VOl. ... P-. u ,. " ~~ ,',' ElUC&ro IS' u& -....... ; :~, ~s'U.E. _s._ .,... oa.:a. P.- 2I!ID .........T. R = 7701.47' D = 01"51'11" L = 249.09' T = 124.56' RadIus Point Bears NSS"49'04"E 7,701.47' N34 '10'S6"W ~ v.u.v ,____ _A VOL~~es -..c.T. ..-. ~ SIB- trcn ,..,.. ... t:oN~".DrCOf''tlW fIl:Iclr'ft: gr ..., ~_._..u.., F'Pe)llC1:.. ~ .. '""VI ,..f'...... UJ aAtO N::lRTM. ,.... aaJtI'l ~ ....aos .. IMI" Rld'& 01" w." ......tun ..- cr..-.a DY ~V'I ~ 'tna. =-=- ~ ProfJased 10.00' Wide Utility Easemenr ~ Frrlf & an.. BMntI. ~tT ItttJI (,oUUtv ~ ~ QD1S7 ~ ~ S4_6J "'l/InIcan:~8JJXMA T1W~rau"'~"""""I7I_~ ~ In V~ .1J,. ~ 65 ", co. ,..., HiIQrlC8 ", ,..,... ~ r.... . /fI/rf:JI:ft at' u. MrD ~ MI ,.., ~ F,..,. & 8.nWP ~ In ...... ~ Pw>> RfJO of U. DtMtI ~ of ~ Q:U1In(. r_ <tJ'l. ''l"\. I ,,\- ,"'-- Page 1 of 1 Spur 3 Phase II Parcel 18ue 3-30-98 TFD ! " a R = 7691.47' D = 01"51'36" L = 249.69' T = 124.86' RadIus PoInt Bears NS7'40'41"E 7.691.47 " Parcel 18-UE Pr.p.... 10' V.Eo 0.0'7 Ac. %,90'.05 Sq. Fl. ....... ....... 41.12' _1118' ..... - ~~ , I.' . "",,; ~f:J" Parcel 4-UE ".. A_.I:l.-_ CiCIIIItI"'Y' ~ __1 WtL 33. ~ _ """"'-T. SClCI D %1lO L"'J-l-_..- ~---- 2ClO h_" ...,. In PO..C CITY at CORPUS CHRIST/, TEXA. ~ of ~ ServiCflS $noW 01l11sJcn ~ =- "",", (hwt IN : ~'^': ~ G::2I$P - .sar .s J:1('.- .z. E1'rU ."aaUn ,.." aalDIJS1Ii18 ""4 4 CITY COUNCIL AGENDA MEMORANDUM Date: January 13,2000 AGRNDA ITRM: Resolution authorizing the City Manager, 'or his designee, to execute an Interlocal Ageement with Nueces County to provide an on-duty City of Corpus Christi police officer to be a Youth Opportunities United (YOU) site coordinator. ISSUES: As a part of the Youth Opportunities United program Nueces County received a grant for $290,000 to pilot an afterschool Middle school program on five campuses. Each campus will have a site coordinator. The site coordinator must be a currently employed in a law enforcement capacity. They must have a minimwn of two years experience in a community policing program or the equivalent of involvement within a structured youth program. The County wants to enter into an Interlocal agreement with the Police Department to hire, on an overtime basis, one officer to serve as site coordinatior at one ofthe campuses. PRIOR COUNCIL ACTION: None FUTURE COUNCIL ACTION: None RECOMMRNDA TION: Staff recommends the City Council authorize the City Manager, or his designee, to execute the Interlocal Agreement. cp~ Oi~;::- Q Pete Alvarez, Jr., Chie ~ ADDITIONAL SUPPORT MATERIAL Background Information X Contract Summary X OrdinanceIResolution Map(s) 36 K\PR-DIR\DAN\ WPDOCSIAGNDAITM. YOU CITY COUNCIL AGENDA MEMORANDUM Date: January 3, 2000 BACKGROUND: Youth Opportunities United developed a comprehensive strategy for serious, violent, and chronic juvenile offenders in Nueces County. That effort led to Nueces County being named as the fiscal agent for a $290,000 grant from the Governor's office. The grant will be used to establish a pilot middle school program at five local area schools. Two CCISD campuses Tom Browne and Student Learning Guideance Center (SLGC), West Oso Middle School, Flour Bluff middle school, and one Robstown campus will be utilized to test the approach. Each campus will have a site supervisor who is currently employed in a law enforcement capacity. In order to maintain a collaborative effort in dealing with juvenile problems, the County is seeking an Interlocal agreement with the Corpus Christi Police Department.The agreement would, on an overtime basis, assign an officer as the site coordinator for one of the middle school campuses. The CCPD officer will be assisgned to the Tom Browne campus The program will run through the end of August. H,IPR-DlR\DAN\ WPDOCS\AGNDAITM, YOU 37 INTERLOCAL COOPERATION CONTRACT (CONTRACT BE1WEEN GRANTEE AND THIRD PARTY) STATE OF TEXAS COUNTY OFNUECES GRANT NUMBER: JA-99-J21-14196 GRANTEE AGENCY: Nueces County GRANT PERIOD: 09/0111999-0813112000 TITLE: YOU (YOUTH YEARS FUNDED: I' ~'OPPORIUNP'IES UNITED) PROGRAM FUND: JUVENILE JUSTIcE & DELINQUENCYP~VEl'II10N Acr POSITION TITLE: YOU Mter-School Site Coordinator: . SERVICE PROVIDER: City of Corpus ChristilCorpusChristi Police Depa~~ent. Corpus Christi. Texas .. ,~- "."" -.C:: ",:, ...... ..,.,,, 1. This contract is by and between Nueces County, GRANTEE AGENCY and Corpus Christi Police Department, SERVICE PROVIDER and in aid ofCm Grant No: JAc99-J21-14196, titled: YOU (Youth Opportunities United). It is understood by all parties that payment obligations created by this contract are' conditioned upon th~availability of State or Federal funds appropriated or allocated for the payment of such obligationsl The term of this contract shall commence on September I, 1999, and shall end on August 31, 2000, unless extended or terminated as otherwise provided for in this contract.. . ,., .. . .. .. ..... 2, The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all tenns and conditions of the grant. SERVICE PROVIDER agrees to fully cooperate in the monitoring process, 3. Requirements of the Uniform Grant Management Standards (UGMS) Promulgated pursuant to Section 783, of the Government Code are adopted by reference as part of this contract, including the contract provision as in Section 36, Common Rule of OMB, of the above standards. The GRANTEE AGENCY SHALL: (Check one) ..x.. keep all project records, except those related to the services to be provided by the SERVICE PROVIDER. assist the SERVICE PROVIDER to establish a set of records that comply with the requirements of the grant and periodically inspect such records to ensure that they are properly kept, Records shall be retained for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit or claim has been resolved. Records are subject to inspection by cm, or any state or federal agency authorized to inspect the same. 38 .... .-~ '.-" 4. The SERVICE PROVIDER will furnish the following: (Describe in detail) SERVICE PROVIDER agrees to provide one on-duty Police Officer to be a Youth Opportunities United (YOU) Site Director, to provide the following services in connection with said grant: The on-duty City of Corpus Christi Police Officer will report directly to the YOU Project Director and is responsible for designing, initiating and coordinating program strategies as outlined in the attached position description. 5. Payment for the above (not to exceed $20,000) will be made for the salary as follows: . Site Directors (1) Police Officer- Part Time Equivalent Position The Police Officer will be paid an overtime rate based on the officer's rate of pay. The time period will be @ 34.33 weeks x 15 hours/week. (An additional 3 hours per week have been added to the actual 12 hours of program time to allow for activity preparation and papeIWork responsibilities) One (I) position not to exceed $20,000 6. Monthly billing for the above will be provided in the same manner as it would tie provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. 7. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 8. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 9. TIlls contract shall automatically terminate on the grant expiration date or any extension date thereof granted by cm or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered within the grant period. 10. If GRANTEE AGENCY fails to pay when due any of the payments required herein, the SERVICE PROVIDER shall be immediately and automatically released of any obligations under this contract. I I.This contract is an Interlocal Agreement to increase efficiency and effectiveness in local government in accordance with Ch.791 of the Texas government code. 39 YOUTH OPPORTUNITIES UNITED ... Position Description Site Coordinatord Overview . . The YOU Site Coordinator will report directly to the YOU Project Director and is respclDsible for deSigning, initiating and coordinating strategies to engage and ameliorate risk factolS selected by the YOU Steering Committee. The Site-Coordinator will serve as liaison officer with the . school "tlmini!:tIator. ' The six risk factolS that comprise the basis for the YOU Program and that are essential to the Site Coordinator in recognizing current problems and creating an awareness of the emergence of a troubling situation are: I. Family Management Problems 2. Family Conflict 3. Extreme Economic Deprivation 4. Early Academic Failure 5. Lack of Commitment to School 6. Early Initiation of Problem Behavior Oualifications The Site Coordinator must be currently employed in a law enforcement capacity and have a flexible work: schedule to meet with groups of middle-school aged youths four times per week. Monday through Thursday, frOm 3PM until6PM. The SC must have a m;nimum of two years experience in a community policing program or the equivalent of involvement within a structured youth program. The SC must possess org..ni7"rion and leadership skills to measure accomplisbment based on individual as well as collective group achievement. The SC must be proven in maintaining a high principled lifestyle and be physically and mentally viable to participate in and provide direction for a multitude of physically and educationally challenging activities. The SC must communicate a sense of purpose and conunitment and be able to relate on a series of different levels as defined in the Six Risk FactolS. The SC must be able to design, implement and coordinate program strategies which have proven to work as outlined by th<<=., ,- .. OJJDP's guide for Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders. The SC must be able to adapt to the following pillars of YOU requirements: 40 . Fully understand the Comprehensive Strategy for Serious. Violent and Chronic Tnv,....,l... 1"'\n-_",~.-r"C' . Comprehend the six Priority Risk: Factors as outlined by the YOU Data Collection and Analysis Work Group. . Design, initiate and coordinate strategies to engage in ameliorate our community's problems comprehensively. . Initiate strategies that will reduce family management problems and family conflicts. " Coordinate Family Therapy programs. " Collaborate Family Counseling services which link to YOU strategies. " Organize Mentoring training and services with reinforcement. . Create methods to alleviate extreme economic deprivation. " Responsible for On-the-job training Youth Workforce Development ,. " Organize Mentoring training and services with Contingent Reinforcement " Coordinate available resources. " Collaborate youth employment opportunities through other agencies. " Organize Food Pantry and Kid's Cafe Programs targeted at low income families with youth. " Coordinate employment opportunities for youth with the Corpus Christi Food Bank. · Coordinate strategies to address Early Academic Failure and Lack of Commitment to SchooL . " Design, implement and coordinate After-school Recreation Programs. " Implement Mentoring Programs with Contingent Reinforcement. " Implement Youth Employment Opportunities with Education. " Organize food and nutrition programs. " Coordinate with Campfire Boys & Girls academic social and recreation opportunities for youth. " Collaborate Drug and Alcohol Prevention Programs with the Intergove=ental Drug and Alcohol Commission. " Collaborate site based programming with CCISD, West OSO ISO, and Robstown ISO. · Create Strategies for Early Initiations of Problem Behaviors. ,,- Design, implement and coordinate After-school Recreation Programs. " Implement Mentoring Programs with Contingent Reinforcement. " Implement Youth Employment Opportunities with Education. Ex;pectations The YOU Site Coordinator must collaborate with a variety of agencies which are already resources for serving youth as well as finding new resources where gaps exist. In order to accomplish this the Youth Site Coordinator must become familiar with the Priority Risk Factors, data collection and analysis, available resources, existing and future strategies for; structured decision making, legislative policy systems, planning, monitoring and evaluations, youth involvement, and outreach communication lQid media. The YOU Sitc-Coordinator will be expected to be knowledgeable in the areas of data collection, resource ass~sment, monitoring and evaluation. The SC must be an effective communicator with the ability to make presentations to small and large groups, as well as, communicate and counsel with individuals and familics. . . ,. 42 SOLE SOURCE JUSTIFICA nON FOR NON-COMPETITIVE PROCUREMENT GRANT NUMBER: JA-99-J21-14196 GRANTEE: Nueces County GRANT PERIOD: 09/0111999-08/3112000 TITLE: YOU (YOUTH YEARS FUNDED: I OPPORTUNITIES UNITED) PROGRAM FUND: JUVENILE JUSTICE & DELINQUENCY PREVENTION ACI' PosmON TITLE: YOU After-School Site Coordinator Position CONTRACTOR: City of Corpus Christi/Corpus Christi Police Department PARAGRAPH 1: A brief description of the program and ",hat it is being contractedfor; The purpose of the Youth Opponunities United Initiative is to provide a comprehensive strategy in the City of Corpus Christi and Nueces County, which will unite the community to meet the needs of our youth. One initiative of this comprehensive strategy is to provide a supervised after-school multi-activities program for middle school students at five selected sites in Nueces County this school year. The after-school program was developed to meet the needs in our community with regard to the increase in teenage pregnancy and juvenile delinquency. Ultimately, it is hoped that this initiative will be expanded to include all schools in Nueces County and offer summer programs as well. The enriched alter-school programs will provide activities that offer significant expanded learning opponunities for students and their families in the community and that contribute to reduced violence, The program will provide a school-based, community- oriented approach to address the needs identified in Nueces County. Nueces County proposes to contract with the City of Corpus Christi/Corpus Christi Police Department for the hiring of one on-duty Police Officer to be a YOU Site Coordinator, who will repon directly to the YOU Project Director and is responsible for designing, initiating and coordinating program strategies, PARAGRAPH 2: &planation of why it is nl!Cessary to contract non-competitively, to include the follo",;ng: t!.'Cf'ernSe of the con /maar: management: respon..i,'eness: knuw{edge of the program; and e:cpernse of contractor personnel. The Corpus Christi Police Department has an excellent reputation in the community for promoting collaborative initiatives which address unmet needs in the City of Corpus Christi and Nueces County. The City of Corpus Christi has been one of the primary panners, along with Nueces County and United Way, in developing the Youth Opportunities Initiative. In addition, the City of Corpus Christi was instrumental in the development of the YOU gram proposal submitted by Nueces County. The City of Corpus Christi is very supponive and extremely knowledgeable about the goals and objectives of the proposed project. The Corpus Christi Police Department has a staff of professional and dedicated individuals. 43 . PARAGRAPH J: TIme constraints: when contractual coverage is required and why; impact on program if dates are not met; and how long would it take anotw contrru:tor to rr!tZCh the umelevd of competence (equate to doUan is desired). As a means to expedite the implementation of the YOU After-School Project, it has been determined that the City of Corpus Christi is highly experienced to contract with Nueces County for hiring one on-duty Police Officer to be a YOU After-School Site Director. The time.frame for following the County's procurement procedure would effect the delay in contracting for this position, when it has been determined that it would take another contractor an enonnous amount of time to reach the same level of competence as the City of Corpus Christi/Corpus Christi Police Department. PARAGRAPH 4: Uniqueness As one of the initial five comprehensive strategic sites in the State of Texas, Corpus Christi and Nueces County have worked in partnership with United Way in developing a 5-year plan to unite our community in meeting the needs of our youth. The design of the project will allow the Corpus Christi Police Department to coordinate efforts with other law enforcement entities in Nueces County to reduce juvenile delinquency in our community. PARAGRAPH 5: Other points that should he covt!l't!d 10 substJJJrtiate the request. The Corpus Christi Police Department will assist in the ongoing development oflaw enforcement collaboration on this project. PARAGRAPH 6: A declaration thatlhis action is in "best interests" oflhe agency. Nueces County declares that this action is in the best interests of the proposed project. ACCEPTED BY: Signature of Authorized Official Signature of Authorized Official Date Date Name & Title (please prim or rype) Name & Title (please print or type) Name of Grantee Agency Name of Service Provider Address (street or post office box) Address (street or post office box) City, State, Zip City, State, Zip Telephone # (include area code) Telephone # (include area code) 44 l2.Each party paying for performance of governmental services must make those payments from current revenues available to the paying party." ACCEPTED BY: Signature of Authorized Official Signature of Authorized Official Date Date Name & Title (please print or type) Name & Title (please print or type) Name of Service Provider Name of Grantee Agency Address (street or post office box) Address (street or post office box) City, State, Zip Telephone # (include area code) City, State, Zip Telephone # (include area code) 45 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTEANINTERLOCALAGREEMENT~THNUECES COUNTY TO PROVIDE AN ON-DUTY CITY OF CORPUS CHRISTI POLICE OFFICER TO BE A YOUTH OPPORTUNITIES UNITED (YOU) SITE COORDINATOR. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute an lnterlocal Agreement with Nueces County to provide an on-duty City of Corpus Christi police officer to be a Youth Opportunities United (YOU) site coordinator. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor By: Alison Gallaway First Assistant City A orney H:\LEG_Dffi\VERONICA\ALISON\ORDOO.800\AGORDOO.806 46 5 CITY COUNCIL AGENDA MEMORANDUM Date: January 14,2000 AGENDA ITEM: I) Motion approving an agreement with AT&T Broadband Cable Services for advancement of expenses for the review, negotiation and grant of its application for a new cable television franchise in an amount up to $120,000. 2) Ordinance appropriating $120,000 from AT&T Broadband Cable Services for franchise application processing cost reimbursement in the No. 1020 General Fund to reimburse services of the Baller-Herbst Law Group, P.C. to assist the City of Corpus Christi in the cable television franchise granting and renewal process; amending Ordinance Number 023702, which adopted the FY99-00 Budget by adding $120,000 to the No. 1020 General Fund; and declaring an emergency. 3) Amending Motion M98-404, as amended, which authorized a professional services agreement with Adrian Herbst, the Baller Herbst Law Group, P.C., to increase the estimated cost by $85,000 for additional services required in connection with the cable franchise application by ClearSource, Inc. ISSUE: In November 1998 the Council authorized hiring Adrian Herbst to assist with the cable television franchise renewal requested by TCI (now AT&T Cable Services). Renewal involves a complex process governed by federal law. A staff committee worked closely with Mr. Herbst to gather information and to prepare a needs assessment, RFP, franchise ordinance and master ordinance. During that process, ClearSource applied for a franchise to provide a duplicate, competitive system with the latest technology, and asked that its application be reviewed expeditiously. The Council granted ClearSource a franchise, at a 5% franchise fee, in November, after the investment of much additional staff and consultant time. As part of its application, ClearSource provided $75,000 to reimburse additional expenses associated with the review, negotiation and grant of the application. Negotiations will now be proceeding with AT&T starting around February 15. AT&T has agreed (attached letter) to advance $120.000 to reimburse expenses associated with the review, negotiation and grant of its application. The city will repay the advance (at 8 1/2% interest, the prime rate) after adoption of the new 5% franchise with monthly payments not exceeding 20% of the total franchise fee. This effectively recovers the advance from the additional I %. AT&T's present 4% franchise expires in April 2001. It is anticipated that the company will make its response to the City's request for proposal by February 15, 2000. and that a final agreement can be completed and brought to the Council for approval by October I. Based on this timing, the City would pay back the advance from the additional I % franchise fee collected under the new franchise before the old 4% franchise would ~. -- .. 9JRB 1800.522 48 have expired. AT&T will initially advance $40,000 and will advance additional amounts as directed by the City Manager. This agenda item approves the agreement with AT&T, appropriates the amount committed by AT&T, and increases the cost in the contract approved by Council by $85,000, so that the final not-to-exceed amount to complete the process will total $224,500. RECOMMENDATION: That the proposed items be approved. Ji~i~ 9JRB 1800.522 2 49 SENT BY: 1-14- 09:43AM T C I CENI'RAL....361 880 3239 ;# 2/ 3 ee.......' Division AT&T __ & 1-"0( ServICes SUiIe 1100 4700 S. Syracuse SL f)enver, CO 00237-'1722 303 267-4200 FAX 303 7.67-4299 January 14,2000 VIA FACSIMILE 361 880-3239 Jimmy Bray, Esquire City Attorney City of Corpus Christi City Hall- Sib Floor 1201 Loopard Street Corpus Christi, lX 78401 RF.: Fl"dI\chisc Renewal Negotiations -. TCI Cal>levision ofTcxas, Inc. and City of Corpus Christi Dear Mr. Bray: This letter is to eonfum the agreement reached today between liS. 1'Cf Cablevision of Texa.~, Inc., ("AT&T Cable") will advance payment to the City of Corpus Christi ("the City'') in the amounl of$120,OOO against future Franchise Fees collected by AT&T Cable. Following is an outline of the arrangement for the advance payment that is acceptable to AT &1' Cable and is consistent with what we understand is also acceptable to the City. AT&T Cable docs affirm and agree to the following: I. AT &'1' Cable agrees to provide the City with an advancc payment of Franchise Fee.~ in the amount of $40,000 by no latcr than January 2 J , 2000. An additional $llll,OOO will be advanced to the City, in amounts specified by the City Manager, within 30 days after a written request is made to Mr. ChllTIcs Hembree, Regional Vice President, TCI Cablevision of Texas, Inc., P. O. Box 6607 Corpus C'hristi, TX 78466, Fax No. 361 857-5038 and at any time after February 15,2000. 2. The payment will be subject to interest at the rclte of 8\12 percent per annwn, the prime rclte of interest 1il>1:ed in The Wall Street Journal on November 24, 1999. 3. The FTanchise Fee in the cwrent agreement is four pcrcent. The current agreement expires in April 2001. The current agreement is in the process of renewal by the City and anticipated to be renewed at a date earlier than Apri12001_ Upon rencwal, the Franchise Fee will be five percent as specified in the City's regulatory ordinance, assuming other mutually acceptable Franchise terms can be negotiated. 50 CD SENT BY: 1-14- 09:43AM T C I CENTRAL...,361 880 3239 ;# 3/ 3 Jimmy Bray, Esquire January 14, 2000 Page 2 4. In order to recover the advance and intere~1 referenced above, AT&T Cable will commence taking credit against Franchise Fees immediately upon the eUeetive dale of the Fnmchise renewal agreement. AT&T Cable further agrces that the amount of each credit against the Franchise Fee payment due at anyone time shall be in amount no greater than 20 percent of the total amounl due to the City in Franchisc Fees for that quarter. It is understood that both parties will be W(lrking in good faith to negotiate Franchise renewal on an expeditious billois, with a targct of finali,,;ng negotiations by October 2000. If this offer by AT&T Cable is accepted by the City and you, please execute duplicate originals and return to us. I look forward to hewing from you. Very troly yours, .' I~ 0;;~/7., '. ~. ...-c.-~ ,- ' ( Carol A. Johns9R'/ Director ofFrahl5hising cc: Charles Hembree John Gibbs, Esquire Adrian Herbst, Esquire Date: ACCEPTED BY: City of Corpus Christi, Texas Dy: Title: ,...... .. 51 ORDINANCE APPROPRIATING $120,000 FROM AT&T CABLE SERVICES, INC. FOR FRANCHISE APPLICATION PROCESSING COST REIMBURSEMENT IN THE NO. 1020 GENERAL FUND TO REIMBURSE SERVICES OF THE BALLER-HERBST LAW GROUP, P.c. TO ASSIST THE CITY OF CORPUS CHRISTI IN THE CABLE TELEVISION FRANCHISE GRANTING AND RENEWAL PROCESS; AMENDING ORDINANCE ,NUMBER 023702, WHICH ADOPTED THE FY99-00 BUDGET BY ADDING $120,000 TO THE NO. 1020 GENERAL FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $120,000 is appropriated from AT&T Cable Services. Inc. for franchise application processing cost reimbursement in the No. 1020 General Fund to reimburse services of the Baller-Herbst Law Group, P.c. to assist the City of Corpus Christi in the cable television franchise granting and renewal process. SECTION 2. That Ordinance No. 023702, which adopted the FY99-00 budget, is amended by increasing the No. 1020 General Fund (Legal Department) appropriation by $120,000. 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 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 City Secretary. Armando Chapa Samuel L. Neal. Jr., Mayor Legal form approved ~ 2000: James R. Bray, Jr., City Attorney By: H.ILrG-DIRIVERONIC.-\\ALlSONIORDQ9 700lAGORDQQ 7B6 52 6 CITY COUNCIL AGENDA MEMORANDUM DATE: January 10, 2000 AGENDA ITEM: Ordinance closing and abandoning a 4,915-square foot portion of a 10- foot wide utility easement out of Lots 1-12, Block 3. La Arboleda Subdivision and Lot 6, Section G. Alamo Addition; requiring the owner, H. E. Butt Grocery Company, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Pape-Dawson Engineers, Inc., on behalf of H. E. Butt Grocery Co., is requesting the easement closure so their client may construct a new grocery retail center. REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and abandon any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ,.... &-1/ ~~, {IIz-/~ Af(g I . Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Additional Background Information Exhibit B - Site Location Map h:\. ,_ \gen\agOO\esmt-cto\heb-groc.m 54 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: On behalf of H. E. Butt Grocery Company, Pape-Dawson Engineers, Inc., is requesting the closure and abandonment of a 4,915-square foot portion of a 1 O-foot wide utility easement. The easement to be closed is located in Zone B-4 within the city limits of Corpus Christi. H. E. Butt Grocery Company owns Lots 1-12, Block 3, La Arboleda Subdivision and Lot 6, Section G, Alamo Addition, all which embrace the portion of utility easement proposed for closure. HEB. is planning to construct and develop a new retail grocery center, including applicable landscaping and parking facilities. All public and franchised utilities were contacted. Southwestern Bell Telephone has existing aerial cable and service drops on Central Power & Light power poles located in the easement and is requesting that the cable and service drops be relocated to existing power poles located on the MacArthur Street right-of-way at the owner's expense. There were no other objections regarding the proposed closure. Staff recommends payment of the fair market value of $6550 for the 4,915-square foot utility easement closure. The owner has been advised of and concurs with the conditions of the easement closure. h:\. ..\gen\agOO\esmt-clo\heb-groc.m 55 , 0 "ect'spt!'cio.lserviceS'hebdosw:llw ~ N BEAll CORPUS CHRISTI BAY LOT 13 LOT 5 O' LOT 12 LOT 11 PROPOSED 10' f- UTILITY EASEMENT ~ w Z LOT 1D TO BE CLOSED w (APROX. 4,915 SF.) a:: 0 f- - lOT 9 !;I.l (/) - >- a:: - =:J Q LOT B I = l"l f- ;;1- ;. a:: !;I.l LOT' ~ . ;: <t: <-0 . u ~ LOT 6; ALAMO ADDITION w <t: ..:l > ::E 0 SECTION G <t: = L.OT 5 f- =: a:: < LOT 6- 0 < LOT 4 Cl.- ..:l LOT 3 LOT 2 LDT 1 T ARL TON STREET EASEMENT CLOSURE ALAMO ADDITION EXHIBIT "B" ~ CITY OF CORPUS CHRISTI, TEXAS 56 DEPARTMENT OF ENGINEERING SERVICES DATE; 1/10/00 t:::::::::::::: AN ORDINANCE CLOSING AND ABANDONING A 4,9I5-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1-12, BLOCK 3, LA ARBOLEDA SUBDIVISION AND LOT 6, SECTION G, ALAMO ADDITION; REQUIRING OWNER, H.E. BUTT GROCERY COMPANY, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,915-square foot portion of a 10-foot wide utility easement out of Lots 1-12, Block 3, La Arboleda Subdivision and Lot 6, Section G, Alamo Addition, as recorded in Volume 8, Pages 5-6, and Volume 36, Page 47, of the Map Records ofNueces County, Texas, that the owner, H.E. Butt Grocery Company ("Owner''), wishes to have closed and abandoned; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon this utility easement for all purposes, subject to the provisions listed below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a4,915-square foot portion ofa lO-foot wide utility easement out of Lots 1-12, Block 3, La Arboleda Subdivision, and Lot 6, Section G, Alamo Addition, as recorded in Volume 8, Pages 5-6, of the Map Records ofNueces County, Texas, is closed and abandoned for public use as a utility easement, subject to Owner, H.E. Butt Grocery Company, complying with the following specified conditions as part of the closure: (I) Owner, H.E. Butt Grocery Company, shall pay the fair market value of$6,550 for the closure and abandonment of the 4,915-square foot utility easement. (2) Owner, H.E. Butt Grocery Company, at its expense, must relocate eXlstmg Southwestern Bell aerial cable and service drops located in the easement proposed for closure to existing power poles located on the MacArthur Street right-of-way. (3) Owner, H.E. Butt Grocery Company, shall replat the portion of La Arboleda Subdivision and Alamo Addition being closed and abandoned within 180 days at its expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H:\LEG-OlR\ VERONICA\DOCURTIS\MYDOCS\1999\ORD99 .IOO\DOCORD99.113 57 SECTION 2. 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 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 January _ 2000: James R. Bray Jr., City Attorney. By: ~ Doyle H:\LEG.DrR\ VERONICA \DDCURTIS\MYDOCS\1999\0RD99.100\DDCORD99.113 58 7 CITY COUNCIL AGENDA MEMORANDUM DATE: January 11, 2000 AGENDA ITEM: Ordinance closing and abandoning a 2,900-square foot portion of a 10- foot wide utility easement out of Lots 15A through 20A and Lots 15B through 20B, Block 27, Padre Island No.3 and a 750-square foot portion of a 5-foot wide utility easement out of Lots 1 A through 3A, Block 26, Padre Island No.3, for a total closure of 3,650-square feet; requiring owner, Vincent D. Lee, to comply with the specified conditions and replat the property within 180 days at his expense; and declaring an emergency. ISSUE: Laguna Madre Development, Ltd., on behalf of Vincent Lee, is requesting the easement closure to develop a retail/professional center, including applicable landscaping and parking facilities. REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and abandon any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~ ev1/( ~-./ t j,' Ctl el R. Escobar, P.E. irector of Engineering Services Attachments: Exhibit A - Additional Background Information Exhibit B - Site Location Map h:\...\gen\agOO\esmt-clo\costelo.m 60 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: On behalf of Vincent Lee, Laguna Madre Development, Ltd. is requesting the closure and abandonment of a 2,900-square foot portion of a 10-foot wide utility easement and a 750-square foot portion of a 5-foot wide utility easement for a total closure of 3,650-square feet. The utility easements to be closed are located in Zone B-2A within the city limits of Corpus Christi. Vincent Lee owns Lots 15A through 20A and Lots 15B through 20B, Block 27, and Lots 1 A through 3A, Block 26, Padre Island No.3, all of which embrace the portion of utility easement proposed for closure. Mr, Lee has requested the closure of the easement right-of-way to enable him to develop a retail/professional center, including applicable landscaping and parking facilities. All public and franchised utilities were contacted. There were no objections regarding the proposed closure. There are no existing utilities within the easement being closed. Staff recommends payment of the fair market value of $2.91 ClQQ.. for the total 3,650- square foot utility easement closure. The owner has been advised of and concurs with the conditions of the easement closure. h:\. ..\gen\agOO\esmt-clo\coslelo.m 61 FROM: 'Angel R. Escobar, P.E., Acting Director of Engineering Services DATE: January 11, 2000 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: January 18 2000 ORDINANCE CAPTION: Closing and abandoning a 2,900-square foot portion of a 1 O-foot wide utility easement out of Lots 15A through 20A and Lots 15B through 20B, Block 27, Padre Island No.3 and a 750-square foot portion of a 5-foot wide utility easement out of Lots1A through 3A, Block 26, Padre Island No.3, for a total closure of 3,650-square feet; requiring owner, Vincent D. Lee, to comply with the specified conditions and replat the property within 180 days at his expense; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 13, Pages 1-8, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Staff recommends payment of the fair market value at ...i2 91000 for the total 3,650-square foot portion of utility easement right-of-way being proposed for closure. 2) That the Owner replat this property within 180 days at Owner's expense. DATE: ". REQUESTED BY: /;(R ~~v-/. bATE: ;j1:l./?tP APPROVED: CO$TELO.ORO 62 \Mproje t \spec/o/services \p'-rotesm.dwg ~~. rnQDIIC: r/....lp~c::T; P/l Y ~ ~ W ;::: N a:: 0 0 z :s (/] w a:: 0 <( 0.. ~ N N 0 <( 0 0:: y: 0:: <( 0.. ~ PARK ROAD 53 12A ::; 13A is CO ::J 14A lI1 15A "- ON Zy: 16A aU z-g 17A <(CD ....J (,Q 18A L..J 0:: a 19A 0:= JOO' 20A 10' 128 lJ8 168 178 0 188 '" '" 19B 150' 208 (rt,i. anlta farmerl)' Pirala 0.. c!,"ec1 by Ord. I 02J846. 11/16/99.) <D N lA ~I' ,0 I~ TOTAL PROPOSED EASEMENT CLOSURE AREA=3650 SQ. FT. 2A y: U JA U Propgsed 5' Wode (asement Closure (750 S.t, Total) 5' EASEMENT CLOSURE PADRE ISLAND NO. 1 (IN PADRE ISLAND) CITY OF CORPUS CHRISTI. TEXAS .G ~ ~ & "- ::s' (j PIRATA DRIVE LOCA nON MAP NOT TO SCALE ~ N ~. / ~ 50' _ II 'i II Proposed 10' W'lCle Eose....nt Closure (2900 S.t. Total) , ~ II ~ ii~ 0::: \ <(I w :::: II ~ 0.. ...J 0'1 I f- o!i ~ Z'I - <:( I: -1 lf1 I! ~ .1 U I I '. I .j LOCA nON MAP NOT TO SCALE EXHIBIT "B" DEPARTMENT OF ENGINEERING SERVICES DATE; 1/10/00 6 ~ = AN ORDINANCE CLOSING AND ABANDONING A 2,900-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS ISA THROUGH 20A, AND LOTS ISB THROUGH 20B, BLOCK 27, PADRE ISLAND NO.3 AND A 7S0-SQUARE FOOT PORTION OF A S-FOOT WIDE UTILITY EASEMENT OUT OF LOTS IA THROUGH 3A, BLOCK 26, PADRE ISLAND NO.3, FOR A TOTAL CLOSURE OF 3,6S0-SQUARE FEET; REQUIRING OWNER, VINCENT D. LEE, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLA T THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,900-square foot portion of a 10-foot wide utility easement out of Lots 15A through 20A and Lots 15B through 20B, Block 27, Padre Island No, 3 and a 750-square foot portion of a 5-foot wide uti!:::v easement out of Lots IA through 3A, Block 26, Padre Island No. 3, for a total closure of3,650-square feet, as recorded in Volwne 13, Pages 1-8, of the Map Records of Nueces County, Texas, that the owner, Vincent D, Lee ("Owner"), wishes to have closed and abandoned; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon this utility easement for all purposes, subject to the provisions listed below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 2,900-square foot portion of a 10-foot wide utility easement out of Lots 15A through 20A and Lots 15B through 20B. Block 27, Padre Island No.3 and a 750-square foot portion of a 5-foot wide utility easement out of Lots IA through 3A, Block 26, Padre Island No.3, for a total closure of3,650-square feet, as recorded in Volwne 13, Pages 1-8, of the Map Records ofNueces County, Texas, is closed and abandoned for public use as a utility easement, subject to O....ner, Vincent D. Lee, complying with the following specified conditions as part of the closure: (1) Owner, Vincent D, Lee, shall pay the fair market value of $2,91 0 for the closure and abandorunent of the 3,650-square foot utility easement. (2) Owner, Vincent D. Lee, shall replat the portion of Padre Island No, 3 being closed and abandoned within 180 days at its expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circwnstances outside the Owner's control necessitate an extension, H:\LEG.DlR\ VERONICA \DDCURTf$\MYDOCS\ I 999\ORQ99. I OO\DDC0RD99.11 ~ 64 SECTION 2. That upon wrinen request of the Mayor or five Council members, copy anached, 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 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 January /3 2000: James R. Bray Jr., City Attorney. By: H:\LEG.D1R\ VERONICA 'DDCUR TlS\MYDOCS\ I 999\ORD99. I OO\DDCORD99 .114 65 8 ORDINANCE STATUS AGENDA ITEM: 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 the 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. FIRST READING: December 21, 1999 Passed: 7- 0 (1 abstention and 1 absence) FINAL READING: January 18, 2000 COMMENTS: Ordinance will be amended prior to second reading by incorporating Amendment No. 1 which allows for relocation of Buc Days to new Festival Area 66 CITY COUNCIL AGENDA MEMORANDUM DATE: January 14, 2000 SUBJECT: Lease Agreement Buccaneer Days AGENDA ITEM: Item A. Motion to amend prior to second reading the Lease Agreement for Buccaneer Days to change the language in Section 3 to that shown in the attached Amendment No. 1. Item B. Authorizing the City Manager, or his designee, to enter into a five-year lease agreement with the Buccaneer Commission for the purpose of conducting a festival and related activities on the areas bounded by 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 the Memorial Coliseum and on the north by the south curb line of Kinney Street. Included, is the seafloor of the area referred to as the Municipal Marina's south basin bounded by Shoreline to the west, the McGee Beach pier and rock groin to the south and north to the south side of the Lawrence Street L-Head. In consideration, the Buccaneer'Commission will pay a one time $250 permit fee and 100% of the cost of City services for event support with the exception of the year 2000, the Buccaneer Commission will pay 75% of all police department overtime. For all subsequent years, the Commission will be responsible for payment of 100% of all City direct costs, including 100% of police overtime; having exclusive use for 20 days and non-exclusive use for 29 days during a set period for each of the five years beginning April 14, 2000. ISSUE: The Buccaneer Commission's lease with the City for use of property near Memorial Coliseum has expired. The Buccaneer Commission has requested that the City approve a new five-year lease for the property. PRIOR COUNCIL ACTION: At the April 28, 1998 City Council meeting, Council Members directed City staff to consider the feasibility of charging event organizers for all City services including police department overtime. During a budget workshop in September 1998, the staff recommended a phase-in-approach of costs associated with special events, At the December 21, 1999 City Council meeting staff was directed to change the language in Section 3 to clarify the relocation of the Buccaneer Days carnival upon the completion of a "Festival" site. REQUIRED COUNCIL ACTION: Item A. Motion to change the language in Section 3 to clarify the relocation of the H,IPR-DlRISHARED\CUL TURALIAGENDA IBUCDA Y,OOC 67 Buccanneer Days carnival upon completion of a "Festival" site. Item B. Action is required in the form of an ordinance authorizing the City Manager or his designee to enter into a 5-year lease agreement with Buccaneer Days. FUTURE COUNCIL ACTION: Action in the form of an ordinance authorizing street closure permits will be presented to the City Council annually, sixty days prior to each festival, if applicable RECOMMENDATION: It is recommended that the motion and ordinance be approved. 1~<-e..t d ~~~ Marco A. Cisneros, Director PARK & RECREATION DEPARTMENT Attachments: A. Background Information B. Amendment NO.1 C. Five Year Lease Ordinance for Buccaneer Days D. Lease Summary E, Site Map \\CITYHALL02\USERSIPR-DIR\SHAREDlCUL TURAL \AGENDA IBUCDA Y .DOC 68 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Historically, event organizers have not reimbursed police overtime for services to special events, During the budget workshop in September 1998, staff recommended charging for all police services related to support of non-city sponsored special events. As a result, a series of meetings were held with some of the major event organizers to discuss the implementation of the policy. During the discussion, several issues of concern on the part of the organizers arose. Consistent requirements for all events as well as a clear understanding of what type of events would be affected by the additional police costs: what amount would be charged to individual events; and the time frame for implementing new charges for events, now well into their budget year, were the major concerns voiced. A special event policy was developed that requires that events pay for all city services used. The implementation began with Bayfest and Buccaneer Days paying 50% of the police costs and 100 % of all other City services used for their 1999 festivals. In the year 2000 Bayfest and Buccaneer Days will be charged 100% of City Direct costs with the exception of 75% of Police Department overtime. For all subsequent years, both events will be charged 100% of all City services including police overtime. A new 5-year lease is currently being negotiated with Bayfest, Inc. which will reflect the same criteria as the Buccaneer Days event and will be brought to the City Council in the near future. ... HoIPR-DIR\SHAREDlCUL TURALIAGENDA IBUCDA Y.DOC 69 /VI ~n'-""-~.O""'/ .J:5 Amendment No. 1 to the Lease between the City of Corpus Christi And the Buccaneer Days Commission Section 1. The Lease is amended to change Section 3 to read as follows: If the City develops a "festival" site during this Lease, Commission agrees to ae;etiate IRsviag move the Event to the new "festival" site for the next Event conducted after the "festival" site is open for events. If CSlflffiiesisR eleets ts IRs\'e its EveRt ts tfie Re\': "festival" sile, t Ihe Lease will be amended to reflect that the new "festival" site is now the Premises for this Lease and that all future Events supported bv the "festival site" will be conducted at the "festival" site during the Lease. Ifthe "festival" site is not available for events at least 6 months prior to the date of that year's Event, Commission may elect to wait one year to move the Event to the "festival" site. Section 2, the same. All terms and conditions of the Lease not changed herein remain Attest: City of Corpus Christi Armando Chapa, City Secretary David R. Garcia, City Manager Legal Form Approved on ,2000; James R. Bray, Jr" City Anorney By: Alison Gallaway, First ASSistant City Anorney Buccaneer Days Commission Title: /(({L4~ Name: 70 Attachment "D" BUCCANEER DAYS - CONTRACT SUMMARY PARTIES: City of Corpus Christi (City) Buccaneer Commission (Commission) TERM: Year 2000 through 2004 for a period each year of29 days. AGREEMENT: A five-year Special Event Use Agreement between the City of Corpus Christi (City) and the Buccaneer Commission (Commission) to conduct the annual Buccaneer Days Celebration and related activities on City property during a 29-day period in April and May, 2000 through 2004 for which Commission shall have: a. Non-exclusive use of paved areas, for a period of 29 days, bounded by the interior of the west curb line of Shoreline Drive (northbound) and the east curb line of Shoreline Drive (southbound) and bounded on the south by the Memorial Coliseum and on the north by the south curb line of Kinney Street. Included is the area referred to as the marina's South Basin bounded by Shoreline to the west, the McGee Beach Pier and rock groin to the south and north to a point determined by the Park Director. b. ,Exclusive use for a period of twenty days. Commission agrees to move all events supported by a new "festival" site to that site once developed. Commission will pay City a one-time, multi-year, Special Event Permit fee of$250 as per ordinance. Commission will, under separate agreement, contract with and pay the City for use ofthe Memorial Coliseum. Commission agrees to pay Park and Recreation Department any direct costs associated with the Event and its related activities within 60 days after the Event. Commission further agrees to pay 75% for police overtime costs in 2000 only. Thereafter, the Commission will pay all direct City costs in full, Commission must request any needed temporary street closures not later than January 15th and secure written permission from the affected property owners each year prior to the event. City will bill Commission for direct costs within 30 days after the Event closes. Commission will provide City with a $2,000 deposit at least one month in advance of the Event. Commission will provide signage and parking for people with disabilities in close proximity to the Event entrance. 71 Attachment "D" - Commission must provide a minimum of $1 ,000,000 Combined Single Limit per occurrence for personal injury, death and property damage and a $1,000,000 Combined Single Limit Automobile policy providing coverage for owned, non-owned and hired vehicles. In addition, subcontractors and vendors who will be loading and unloading equipment, temporary structures, carnivals rides, staging bleachers, and any other associated materials for the Event must provide City comparable insurance policies two weeks prior to the Event. Commission will also provide an accident policy for volunteers with limits of $1 0,000 for death and dismemberment and $5,000 for medical expenses. Commission will require each volunteer to sign a waiver indemnifying both Commission and City. The City must be named as an Additional Insured in all liability policies. In addition, Commission shall fully indemnify and hold harmless the City. Commission must provide for adequate rest rooms including restrooms for people with special needs, drinking water and first aid stations at each of the Event's related activities. Commission must repair any damage from the Event to City property within three (3) days after notice given by City. Commission must correct safety hazards within 6 hours after notification has been received. Commission is responsible for securing all necessary permits connected with the Event. Commission must require all vendors to clean up a designated area around their booths and provide for hourly cleanup of the carnival site and immediately after closing the Event each day. Commission must maintain fire lanes on the carnival site as may be required by the City's Fire Chief. Commission may continue to fence the carnival site as shown in Attachment E. Commission may continue to charge an admission fee and other special events connected with the Commission may charge another fee to help defray the cost of entertainment. Commission must provide for security during and after the Event each day and during set up and take down of the Event and its related activities. Commission must pay publication costs of this Use Agreement and related ordinances as required by City Charter. ~. -- .. 72 I I BUCCANEER DAYS CELEBRATION I I I I \ --- F'tNCE ~ CARNIVAL. AREA ' , ~ , \\ DANCE AREA 'I,\. ; I i WATER SHOW AREA 7HO\ - \\ ------ , ....- .~ .. ., . - ! 'sc: / i.-_~__ , ! BUC CAYS . 5TIlEET :>AJlCE I ."IIL 15-.7. 11.. I ,- , o . I I IIDIlIIIAI. _ !lIlC DAYS ~IICA PIlO _ AIIIIL 14-'7. 1 . I . ) ~... "'I...I~ :I.. == .. =. kTl"'C~c.M, .. S. - ~f [J ..",,~ 1/ """"''''1'''' ~ . /' -- -~ (9- ,j I 1 . t , I ; , I , I I, I , I I , I I II I I II I I I 1 j I I I II I I II I ,- I' I I i I I I I -" "-f ' I -1 ......~ -:! f.~~ !me' IaTS -...- __-'ZL'_ __z.t_ AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH THE BUCCANEER COMMISSION, INC. ("COMMISSION") 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 THE MEMORIAL COLISEUM AND ON THE NORTH BY THE SOUTH CURB LINE OF KINNEY STREET; AND (B) THE SEAFLOOR OF 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 ("PREMISES"), 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; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager, or his designee, is authorized to execute a five year lease with the Buccaneer Commission, Inc. ("Commission") 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 the Memorial Coliseum and on the north by the south curb line ofK.inney Street; and (b) the seafloor of 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 ("Premises"), 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 shall pay 75% of police overtime costs. A copy of the lease is on file with the City Secretary. SECTION 2. That the Commission is given exclusive use of the premises for 20 days and non-exclusive use for 29 days during a set period for each of the four years, as shown in the lease beginning April 14, 2000. H:'LEG-DIR\VERQNICA \DDCURTIS\~tYDOCS\ 19Q9\0RD99.1 OOlDDCORD99.ll 0 74 2 SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\lEG-D1R\ VERONICA \DDCURTIS\MYDOCS\] 999\0RD99.IOO\DOCORD99.11 0 75 9 AGENDA ITEM: FIRST READING: FINAL READING: COMMENTS: ORDINANCE STATUS 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.. January 11, 2000 Passed: 9- 0 January 18, 2000 76 AGENDA MEMORANDUM January 4, 2000 SUBJECT: Oil and Gas Well Inspection and Pennit Fee Increases AGENDA ITEM: Ordinance Amending the Corpus Christi City Code of Ordinances, Chapter 35, Oil and Gas Wells, Section 35-82, Application for Pennit Required; Fee, Section 35-87, Pennits for Production Structures or Facilities in Marine Areas and on State Tracts (7), and Section 35-88, Seismic Surveys, to Increase the Pennit 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, Fee, to Increase the Fee for Land Wells from 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 1,2000, 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 pennit 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% ofthe b d h bl b I h dfi ' u get. T eta e e ow represents t e propose ee mcreases: Fee Current Rate Proposed Rate Revenue Bay Inspection (118) $200,00 $350,00 $41.300,00 Land 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 pennitted 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 hazards, This plugging procedure Section 35-130 thru 35-134, requires inspection per ordinance and at this time there is approximately 77 70 to 100 wells under consideration for plugging. Also pennitting to drill new wells, changing locations or amending a well location, re-entering a well, seismic surveys, production facilities, platfonns are all revenue generating. Midland, Galveston and Houston have pennit 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/COMMITTEE 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 ofpennitted 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. /....., r-'Y! C ~tJL/ /.!,- JJ.(2~c 7 Juan 1.) Adame ~ ! Fire c;hief ~, O~d Gas Well Division ADDffiONAL SUPPORT MAIER1AL Ordinan(2: CJ 78 AN 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 ($1,000.00) 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 ene tft6t13flf16 66ll!lf~ ($1,000.00) one thousand five hundred dollars ($ 1.500.00), When the superintendent finds that the application has been properly submitted and is ready for proressing in accordance with section 35-83, then thp aforementioned filing Ices 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 H:\LEG-DIR\$HINDA VOHN\ORDINAN0002JPB.ORD 79 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 marmer described in sections 35-85 and 35-86 ofthis chapter and shall include the following: (I) 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 agreement 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.: as equal a marmer 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 agrec>""~'" with any other lessee ' ,::ing to have productio",'iled 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 H:\LEG_DIR\SHINDAVOHN\ORDrNAN0002JPB.ORD 80 will be willing to submit such dispute to arbitration under the rules of the American Arbitration Association and be bound by any decision rendered thereunder. (7) A filing fee in the amount ofolle thill13Md dl'lllftrs ($I,GOO,OO) one-thousand five hundred dollars ($1.500,00). Where a permit application is denied by council action, two hundred dollars ($200.00) will be retained by the city as a service charge and the balance refunded to the applicant. (8) A statement by the applicant relieving the city of any liability for damages which may result from the construction or existence of such production structure or facility. Sec. 35-88. Seismic surveys, No geophysical work will be permitted except upon proper application and the payment of a l'll'lt thomMd dollars ($ I ,DOG. 00) one-thousand five hundred dollars ($1.500,00) application fee. A proper application will include the following: (I) 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, ifby 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; ~;\LEG_DlR\SHrNDAVOHN\ORDlNANOOOZ1PB,ORD 81 (c) The pendency of other activities at and adjacent to the point of exploration. Sec. 35-117. Annual well inspections, fee. There is hereby levied an annual inspection fee of 5lit: lilil\tirea 661l1lf3 ($100.00) two-hundred dollars ($200.00) for every land well, and tv." litmtirea 66111lf3 ($200.00) three-hundred fifty dollars ($350.00) for every marine area well that has been spudded but not plugged and abandoned on January I 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 I 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 of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision. dause, 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 3. This ordinance becomes effective February 1,2000. H:\LEG.DIR\SHINDAUOHN\ORDINANC\002JPB.ORD 82 10 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 18,2000) Case No. 1299-6. Manuel Banuelos: A change of zoning from a "B-4" General Business District to an "1-2" Light Industrial District on Harland Industrial Sites Annex No. I, located on the north side of Home Road, approximately 150 feet west of Ayers Street. Staff's Recommendation: Denial of the requested "1-2" District. Planninl: Commission's Recommendation (12108/99): Denial of the "1-2" District, and in lieu thereof, approval ofa Special Permit for outside storage subject to a site plan and six (6) conditions. Requested Council Action: Denial of the requested "1-2" District. Puroose of Request: To allow the outside storage of tires and wheels. Summarv: The applicant has requested a change of zoning to an "1-2" Light Industrial District in order to continue with outside storage of old tires and wheels in the back of the lot. Outside storage is not a permined use in the existing "B-4" General Business District. The subject property is located along an arterial, Home Road, and in bet\},leen commercial establishments, a convenience store on the east and a print shop on the west. South of the subject property is the continuation of the commercial area with another convenience store, restaurants and an auto parts store. The industrial area has, for the most part, been limited to Pearse Drive and along the west side of S. Port A venue and Ayers Street. Previous concerns have been expressed by City Council about the amount of industrial zoning, particularly outside storage located in this area. An "1-2" District on the subject property would extend the industrial zoning onto Horne Road that could domino onto the adjacent properties to the west. The encroachment of industrial uses along Home Road could adversely affect the continued commercial redevelopment occurring in the area. Recently a new Circle K convenience store and Eckerd's Drug Store have opened. Staff considered a Special Permit but concluded that there is sufficient industrially zoned property in proximity to the subject property that could be used as an outside storage area without adding more industrial zoning. The applicant also has the option of enclosing the storage area. Aoolicant's Position: The applicant concurs with Planning Commission's recommended special permit. Notification: Prior to the date of this memorandum, seventeen (17) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. Planninl! Commission Action: Planning Commission recommended denial of the "1-2" District, and in lieu thereof, approval of a Special Permit for outside storage subject to a site plan and the following six (6) conditions: I) USE: The only use authorized by this Special Permit other than those uses permitted by right in a "B-4" General Business District is the outside storage of tires and wheels associated with the on-premise tire shop. The outside storage does not include the storage of inoperable or wrecked vehicles. 2) LOCA nON: The outside storage shall be limited to the rear of the property. 3) SCREENING: A standard screening fence with a height of not less than six (6) feet shall be located along the north, east, and west property lines. A screening fence shall extend east and west from the rear of the building as shown on the site plan. 4) LANDSCAPING: Landscaping shall be provided in accordance with the site plan. All landscaping material must be kept in a healthy and growing condition at all times. 84 :-r:c'" ".""_..," January 11,2000 Case No. 1299-6 (Manuel Banuelos) Page 2 5 ) LIGHTING: All exterior lighting shall be shielded and directional. Lighting shall be directed away from surrounding public rights-of-way_ 6) 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 I and all other conditions have been complied with. ./ t1r/lv;/ A:J~1-1--L7 Michael N. Gunning, AICP , Director of Planning MGIMS/er Attachments: I) 2) 2) 3) 4) Site Plan Zoning Report Comments Received PIar:ning Commission Minutes Ordinances Page Pages Page Page Pages 3 4-12 13 14 15-18 HIPLN-D1RIERMA I WORD\AGENDMEM\ 12996AGN.DOC 85 . e~'ftJ4 (,' ~ :Ij lio:'.'1,,: ~ I ' . r ~ 0"'''''-';105 '5loRAG.E. ) ~! l ( (, f ~~ic.h+ l<e~il2.c::.+j ON) it . ~ II r i 6 :1' -, I' II ' I,; I I ~ !i l'q! r-: , ,~' I' I! 11 hr\~ ~\Al....:,!"':U' AN"'B' 1 ~ME.XLLc..1.-. Ij I, .' :./.., '-:'-" - -- -- - - - ----~-- - - - - - - ,-,?('- ~, : ~ :1 c;:'='""""__,!; /) I t$;;~ .. , ! . (/T~U- L -- -~--:~:-'"~iIT- 'i:'_-: . ' . . . '. . I I .:... Yib4Ji.... If .' I I'...;" 21/i"(j;Ii 3CII .,au..~. 8wIEIL~ ...._ . it.... .'. II ! ~ I.' .,~ I ". '. I .: _ \ ~~ "" III ~ oRTH ,i ;.~ II. '- ~- .. . ~E. r I _" .. I:' L I f4t r+.. '~8~ ~6Qh J..T ~Q... !-loRNE RoAo Exhibit A 01 ~ ~'1 /-f;;~ Nt; RJ } n ~ ..., r:::I ....f&J., ~J:lF "-- .. ~ '~'~-t (~ CITY COUNCIL ZONING REPORT Case No.: 1299-6 Planning Commission Hearine: Date: December 8. 1999 Mao No.: 80-9 Aoolicant: Manuel Banuelos Lee:al Descriotion/Location: Harland Industrial Sites Annex No. 1. located on the north side of Horne Road. approximately 150 feet west of Ayers Street. Area of Request: 0.59 acre (25,786 square feet) Lot(s) Area: Same as above. Current Zoninl!: "B-4" General Business District Request: "1-2" Light Industrial District Current Use ofProoertv: Auto tire shop. Puroose of Request: Zoning Change Requested Due to Notice of Violation: Allow the outside storage of tires and wheels. In March 1999, the applicant was sent a notice of violation for not having the required certificate of occupancy and the open storage of vehicles, RV, tires, and materials. In November 1999. another notice of violation was sent to the applicant. Adiacent Zoninl!: North - "1-2" Light Industrial District South, East, West - "B-4" General Business District 87 4- , .................o........p...... Case No. 1299-6 (Manuel Banuelos) Page 2 Adjacent Land Use: North South East West - Warehouse and construction office. - (across Home Road) Restaurant. Convenience market with fueling pumps. - Printing company. Number of Residential Units Allowed: "8-4" - 2Iunits (36.30 dwelling units per acre) "1-2" - Permanent or temporary housing or lodging is not permitted except that a caretaker's quarters is a permitted use. Estimated Traffic Generation: Tire store - 5.13 average weekday vehicle trip ends per 1,000 square feet of gross floor area. afternoon peak x 2,000 square feet of gross floor area = 10 average weekday vehicle trip ends, afternoon peak. Adiacent Streets/Classification: a) Home Road - arterial Ril!:ht-of-Wav Desil!:n Current: a) 80-foot right-of-way with a 62-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekday. non-directional): a) 18,290 vehicles per day. Zoninl!: Historv of Property: There has been no rezoning activity within the past five (5) years. Recent Surroundinl!: Zoninl!: Cases: T [as been no rezoning acti"" .n the .irea within the pa,. ",,' (5) years. 88 .s .....\Jli.ili.E> 1\.1.-1"'\..1. ~ Case No. ]299-6 (Manuel Banuelos) Page 3 Zoni"!! Inventorv: The subject property is part of an 81.54 acre tract of land zoned a "B-4" District and developed with various commercial uses; i.e. retail centers, tire stores, restaurants, food stores and banks. Adjacent to the north is an "1-2" District that extends west from the subject property and south along the west side of Port AvenuelAyers Street. This "1-2" District contains warehousing, offices, auto sales lots, mini-storage facilities, restaurants and auto related uses. West of the subject property and Ayers Street, is a residential area zoned an "R-I B" District and developed with single-family residences. Plan"i"!! Staff Analvsis: . General Characteristics and Background: The applicant has requested a change of zoning to an "1-2" Light Industrial District in order to continue with outside storage of old tires and wheels in the back of the lot. This outside storage is not a permitted use in the existing "B-4" General Business District. The subject property is located along an arterial, Home Road, and in between commercial establishments, a convenience store on the east and a print shop on the west. South of the subject property is the continuation of the commercial area with another convenience store, restaurants and an auto parts store. The industrial area has, for the most part, been limited to Pearse Drive and along the west side of S. Port Avenue and Ayers Street. Previous concerns have been expressed by City Council about the amount of industrial zoning, particularly outside storage, in this area. An "1-2" District on the subject property would extend the industrial zoning onto Home Road that could domino onto the adjacent properties to the west. The encroachment of industrial uses along Home Road could adversely affect the continued commercial redevelopment occurring in the area. Recently a new Circle K convenience store and Eckerd's Drug Store have opened. Staff considered a Special Permit but concluded that there is sufficient industrially zoned property in proximity to the subject property that could be used as an outside storage area without adding more industrial zoning. The applicant also has the option of enclosing the storage area. . Conformitv to the Comprehensive Plan and Land Use Compatibilitv: Overall, the Comprehensive Plan Elements cannot be supportive of the requested "1-2" District that would increase the amount of industrial zoning in a commercial area. The southeast Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "1-2" District is not consistent with the Plan's recommended land use. . Potential Housing Densitv: The "B-4" District permits a density of 36.30 units per acre or 21 units on the subject property. An "1-2" District does not permit any type of permanent or temporary housing or lodging, except that a caretaker's quarters is permissible. Approval of the "1-2" District would reduce the amount ofresidential units. 89 G .0:............5 ~\'''''I-'VII Case No. 1299-6 (Manuel Banuelos) Page 4 · Height/Bulk/SetbackslEtc.: Both the B-4" and "1-2" Districts require a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where the setback would be ten (10) feet. Since the subject property does not have any residential adjacency, there no side or rear setbacks required. There are no building height limitations in these districts. · Signage: Both the "B-4" and "1-2" Districts permit unlimited wall and freestanding signs provided they are located behind the front yard setback. Freestanding signs located within the front yard setback are limited to one sign per street frontage with an area not to exceed forty (40) square feet and a height of 25 feet. An "1-2" District also permits off-premise signs (billboards). · Traffic: The amount of traffic will not change due to the change on zoning. The existing use would continue and the amount of traffic would not change. . Parking/Screening: A tire shop use is required to provide one off-street parking space for every three (3) employees. There is sufficient area on the subject property to provide the required parking. A standard screening fence of not less the six (6) feet in height is required when a commercial or industrial use locates adjacent to a residential district. Since the subject property does not abut a residential district, a screening fence is not required. However, outside storage does require screening from adjoining properties and public rights- of-way. · Costs to City: All of the infrastructure required to serve the sl.:':lject property is in place and no costs to the City are anticipated. · Platting: The subject property is a platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) The requested "1-2" District is an expansion of the adjacent "1-2" District to the north. b) The subject property has direct access to an arterial without traversing a residential area. Cons: (Ideas in support of maintaining the current zoning.) a) There is sufficient "1-2" District properties available in the area for outside storage. b) The applicant can enclose the outside storage area and comply with the "B-4" District. c) Approval of an "1-2" District would extend the industrial zoning into a commercial area. d) Encroaclunent of industrial uses cOlllrl adverselv impact the commpr~;al redevelopment along Ho._,'_ _c':ld and Ayers Street. 90 7 ~-'-"""6 ,\..l;;tJVLl Case No. 1299-6 (Manuel Banuelos) Page 5 Staff Recommendation: Attachmen ts: H;\PLN-DIR'.E".MA \ WORDIZONRPTS\ I 29906RE [)O~ Denial Zoning and Ownership Map Ownership List Southeast Area Location Map 91 9 ~ e::: : , " , I ~ ' "1-2 .-----l L., w .0 i g , , ~ ,~ , , z I i i ~ , ~ I ~ , @ u 1"_) , f. 1 ' I IL I , ~ ' u " h=2 I Ul 0 c -< . X ~ OJ l" 0 ~ :;0 . -< u ~ ". ~ < I ['1 Z I C ,- ['1 I w, u I ~ I, ~ : ~ I , r-~I I I ' :1-2 I " I C:'; , i DEPT 6-4 ;:.~....... B-4/SP . ..,' . ,~~;>" .,,;:-.'" "" ~~ 2 Oytr:-~ IS"I '""'" '<',. "< V,( '~ , " i5 ::: '" .# ' c l I j' #,,/ '. T ~ ~.f,t/Bb' :..~ f!/g2'0 '~S ~'-.~/~. a ~ 2 -.; ~ ,f, "'-4 o. ,c I ~o: ~/C':S '~,~ k. ""'s <"1";>Sf' / ~f81""~ I .~::..... "p~ '::'~-' "', '~/~, ,: ,~~, ~ ,"","""",>L > _.' o~,~ " /- " '-:::- - ' ~ 1 ,/ ~f .....,,'~ ,2' 'iOi '."...........,. i2i~2,..~l);,,~ .>",-, 1.::..'2-....I~,1Ii~ .g<t-"f'vr,"'1Ii'!: ---......" COJ. ..~" '" ".~ """0 . ~c:c'<o;-:>:r 1$#", '"'~,, "I 13, ,:I<, ,,;:; -,' f, B~ '4" j1~.( "-...J IQ.T<I J '4', ~'-- if$" / cr--$.'-" g " -\ . . 1 ' . "~-.....rlp, Ii' ' /YO/B'- / '- ~ I lIE /' '" rZ..~'\ "'c ,,/ Ss- :.. Q <0 ~, ....:.." /B" , - ~"""" ,I ~ ,... ?"10 . 2J, "'...,.,. . I ~..... . ".~'f' , I ~ ", ' "/~S~~ '~' ::SU8JECT AARCEL ''''':4",'" ~, ~ "'0: '71 :29 .....'. B-1 \:?~ '-' @j ~Q:.,/~ :... (' \ '" " " B-4 I ~"~, GULF '--~".J I , , ~ '-2..... R~lB ' . . I ....... ". I ",__ "J ~ I I ..... " " "'<--1 ",-< I '.,..... " g,.' /","'s(' '"" I '......." .....:... Q / ,>~1)-/.-",~'i' ---......-....-..... / iiS:I;' . / ," " ". '<./ 1,f9 /. '/ /'" .....", Iff lq/ ., ' 'l "'/.;j!; "" "~ /..:::..~ / '. , ,I / ~-.....--.. / / ,~ '~ i ~- , / 8 / i /~ / /~ i\ '-./ " ,,\'J/t.-'<., / ~ //~ "" ~ I /, ~/ ,/ ~,"o.'<. ' . ,j ,,/ ~,~/ '/ ~1'&' 'I ". "~.( /, / ,.'f. /- " ~ '" I l '"'::</,, /"O~/.-~J ;i0 . J"...... ',,'/ /" / ...~ ,.~. ~~.ff'.~y/ /,/! '......, .~. / '1<' ,\O-1X /'; .~ .................X" / ~ ~/1 ~ ~ ~,/,/ 5)/ ". /~ "-,,j , !.... ,............j If..." / 'j<. ". . )........D. A / / ..'" " "<Y~" ~ i ~- D..-~~.' /" - -../ ~ : """n// . ~,_ "" I., .... / - I F:'Y ~ , ", . Property Owner in Favor "'-, " ~, '", ."<,i ~'6se . , {9~.C '.c,_ /~Ter,~. "'-,' ...., '. ....., .~ '" '0. s , ". C'''q, ~\e-Jr "" ~ .... . "',,! ". ........ t/,- "'- -~-~ ,. , ~ .. """"'s < . ...........; / B-1 8-4' PORT AYERS :.~8UR8AN CENTER '~I "" "", ~. ..... , , x Property Owner Opposed See Comment. 0" "age(s) /.1 In I~ ~ CQ 1999 - RP 200 JOO 1 No... '9. Subject property o 100 ~ CASE 21299-6 Owners within 200 feet I isted on attached ownership list I~ ~ ~/>)_ /0-11. 92 q nul -A IfANUEl. BANUELOS 2354 HORLIF ROAD 73415- 5325 ACCOUNT NAME I/ 1 304500000015 TOWERS OF TEXAS INC GULF ADD LT 1B CITY OF CORPIT� CHRISTI PLANNING DE rMENT LIST TO ACCOMP, THE LABELS AUDIT TRAIL ADDRESS I.INEI ADDRESS LINE2 RT 11 BOX 98 'CONY BAIIULLOS 4205 BEARD DR. 73413-2009 HCR #1, BOX 2000 CASE NO.: Z1299-6 DATE: 11 23 9S PAGE: 1 CITY/ST ZIP SANDIA TX 78383 I 1 320600010070 OLSON KESSLER MEAT CO P 0 BOX 9175 CORPUS CHRISTI HARLAND IND SITES LIS 7 THRU 9 EXC SW40.151 OF LTS 8 & 9 ALL LT 12 & NE144.54' OF LTS 10 & 11 & AOJ STR BK TX 78469 1 320600010105 SANCHEZ JOSE ALBERTO ET1814 KERN HARLAND IND SITES LT 10-A BK 1 -I —I 320600010115 SANCHEZ JOSE ALBERTO ET1814 KERN HARLAND IND SITES LT 11-A BK I I1.1 320600010135 DOBSON HUGH C ET AL % R E MCELROY INC HARLAND IND SITES LTS 13, 14, 15 & NW10' OF LT 16 BK 1 Iii 1 320600010170 PARKER CECIL P 0 BOX 270426 HARLAND IND SITES SE40' OF LT 16 & NW20' OF LT 17 BK 1 I r l 320600010175 *PARKER CECIL P O BOX 270426 HARLAND IND SITES SE30' OF LT 17 6 NW28.96' OF LT 18 BK 1 16 1320600010180 GUSTAFSON SADIE I. 229 GLENDALE HARLAND IND SITES SE60' OF LT 18 BK 1 P 0 BOX 4235 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 3609 SMITH BARRY RD ARLINGTON TX 76013 l i.1 320600010190 SHAMOUN MICHEL 534 NAPLES HARLAND IND SITES LTS 19, 20, AND 21 AND BACK 50' OF LT 22 BK 1 17 1 320600010220 DAVIS JAMES 3530 GLEN HARBOR HARLAND IND SITES LIS 22-A & 22-B BK 1 1 � 1 320600020110 SLOSSON SOLON GUY JR 3930 REDWOOD HARLAND IND SITES E20' OF LT 11, ALL 12 THRU 14 & W38.96' OF 1-T 15 BK 2 I 132 600020115 ENGLISH NELSON JR EST ORT 11 BOX 98 FiIRLAND IND SITES W301 OF LT 11 BK 2 Iq 1 320600020150 LOAS TIRE & AUTO SUPPLE4015 AYERS HARLAND IND SITES F11.04' OF LT 15, ALL LT 16 & W38.96' OF 17 BK 2 CORPUS CHRISTI TX 78427 CORPUS CHRISTI TX 78427 CORPUS CHRISTI TX 784104 CORPUS CHRISTI TX 78404 HOUSTON TX 77025 CORPUS CHRISTI TX 78411 KILLEEN TX 76543 CORPUS CHRISTI TX 78415 ,.,.�. a11 Ur LUKV-"CHRIS11 CASE NO.: Z1299-6 PLANNING Of TMENT DATE: 11 23 9 LIST TO ACCOMF THE LABELS PAGE: 2 AUDIT TR ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP I1(11I 320600020175 ■ENGLISH NELSON JR EST ORT 11 BOX 98 RT 11 BOX 98 KILLEEN HARLAND IND SITES Els' OF LT 18 BK 2 TX 76543 IIII :4Si0600020190 LOAS TIRE & AUTO SUPPLY4015 AYERS CORPUS CHRISTI HARLAND IND SITES LTS 19 & 20 BK 2 TX 78415 SUBJECT I-rl 321100000011 BANUELOS MANUEL 4507 KOSTORYZ CORPUS CHRISTI PROPERTY HARLAND IND SITES ANNEX 1 60' X 157' TX 78415 1121 321600000010 SCRIPPS ACQUISITION L PA DELAWARE LIMITES PART312 WALNUT STREET 28CINCINNATI HARLAND IND SITES ANNEX 2 LT l & 2 OUT OF PAISLEY SEC G DH 45202 1131 694102010010 SUSSER HOLDINGS II,LP.,LIMITED PARTNERSHIP P 0 BOX 9036 CORPUS CHRISTI PORT AYERS SUBURBAN CTR SE150' X 125' OF LT I BLK 1 TX 78469 I);I 6. 102010055 ■SUSSER HOLDINGS II,LP.,LIMTTED PARTNERSHIP P O BOX 9036 CORPUS CHRISTI FORT AYERS SUBURBAN CTR LT 5A BLK B-1 TX 78469 IIy 1 694102010060 LEON MIGUEL & GLORIA 2341 HORNE RD CORPUS CHRISTI PORT AYERS SUBURBAN CTR LT 6A BLK B-1 TX 78415 p lj� 1 694102010075 MC DONALDS CORP C/O R E E INC 3000 WEST CEDAR BEAUMONT PORT AYERS SUBURBAN CTR LT 7E BLK B-1 TX 77702 llul 694102010077 CORPORATE PROPERTY ASSOC/0 AUTOZONE INC P 0 BOX 2198 MEMPHIS PORT AYERS SUBURBAN CTR LT 7D BLK B-1 TN 38101 Lam.<OY SpN MIGUEL MAINTENANCE DEPT. C C.I.S.D. P. 0. DRAWER 110 78403 (171 TEXAS HIGHWAY DEPARTMENT, 1701 SOUTH PADRE ISLAND DR. 78416 AYERS ST. RIGHT—OF—WAY GG -"T IAMUcrv� I I Lir � G I E 4 I .l �I �'_�i r. � COMMENTS R:=EIVED FROM NOTICES MAILED Case No. 1299-6 Manuel Banuelos . x- Favor Opposed (Note: The listed numbers correspond to the attached map.) 1. Notices returned from within the 200-foot notification area: Favor: None. ODDosition: None. II. Responses received from outside the 200-foot notification area: Favor: None. ODDosition: None. III. Responses received from owners/applicants of subject area: Favor: None. ODDosition: None. H:\PLN.DIRIERMA Iwv.wICOMMDA TAIl 2996COMDOC 96 I,J ,_. .,' -.-....--.--.-.. ......~."'.> December 8. 1999 Manuel Banuelos: 1299-6 REQUEST: "B.4" General Business District to "1-2" Light Industrial District on Harland Industrial Sites Annex No. I, and located on the north side of Home Road, approximately 150 feet west of Ayers Street Mr. Saldana presented a slide illustration of the subject property and surrounding areas. The applicant requested a change of zoning to an "[-2" District in order to continue with outside storage of old tires and wheels in the back of the lot. Outside storage is not a permitted use in the existing "B-4" General Business District. Mr. Saldana informed the Commission that in March 1999. the applicant was sent a notice of violation for not having the required certificate of occupancy and the open storage of vehicles. RV, tires, and materials. In November 1999, another notice of violation was sent to the applicant. Mr. Saldana continued that the subject property is located along an arterial, Home Road, and in between commercial establishments, a convenience store on the east and a print shop on the west. South of the subject property is the continuation of the commercial area with another convenience store. restaurants and an auto parts store. The industrial area has, for the most part, been limited to Pearse Drive and along the west side of S. Port A venue and Ayers Street. Previous concerns have been expressed by City Council about the amount of industrial zoning, particularly outside storage, in this area. An "1.2" District on the subject property would extend the industrial zoning onto Home Road that could domino onto the adjacent properties to the west. The encroachment of industrial uses along Home Road could adversely affect the continued commercial redevelopment occurring in the area. The property is in the Southeast Area Development Plan which recommends the area to develop with general commercial uses. Mr. Saldana stated that the "1-2" District is not consistent with the Plan and read the Pros and Cons contained in the Zoning Report (Copy on File). The applicant's provided a site plan which shows that the storage facility would be in the rear section of their property which abuts an "1-2" District. Staff recommends denial of the rezoning request. There were 17 notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or in opposition. Vice Chairman Guzman opened the public hearing. Tony Banuelos, 4321 Yvonne, stated that the business was established in 1985 and since that time has been well maintained and that there was a minimal vie\\' of the tires in the rear. Mr. Banuelos stated that he understood Staffs recommendation and asked the Commissioo to grant him a Special Permit for the storage of tires. In response to Commissioner Kelly's question regarding building an fully enclosed area, Mr. Banuelos stated that a building. as suggested, would need a considerable amount of time and money, then Mr. Banuelos suggested erection a fence to enclose the storage area. Commissioner Noyola stated that there is a tremendous need for Mr. Baftuelos' service in the area and suggested that due to the need in the area and the amount of time the business has been in operation an "1-2" District could be approved. In response to Commissioner Noyola's comments, Mr. Gunning stated that the Commission could deny the "1-2" District and approve a Special Permit. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to deny the "[-2" District and in lieu thereof, approve a Special Permit allowing storage of tires. no higher than 6 feet, enclosed by a fence to the rear of the existing building with additional landscaping. Motion passed unanimously with Underbrink being absent. 97 I~ PLANNINr. VVIV'II'Vllu';::JlUI\I' ~ RECOMMENDA TION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MANUEL BANUELOS, IN REFERENCE TO HARLAND INDUSTRIAL SITES ANNEX NO.1, CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT, BY GRANTING A SPECIAL PERMIT FOR OUTSIDE STORAGE ON SAID PROPERTY, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING TIlE 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 Manuel Banuelos, for amendment to the zoning ordinance and 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 18, 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 1. That the Zoning Ordinance of the City of Corpus Christi, Texas. is amended in reference to Harland Industrial Sites Annex No. I (currently zoned "B-4" General Business District), located on the north side of Home Road, approximately 150 feet west of Ayers Street, by granting a Special Permit for outside storage on said property. SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject to a site plan, attached as Exhibit A, and the following six (6) conditions: 1. ALLOWED USES: The only use authorized by this Special Permit, other than those uses permitted by right in the "B-4" General Business District, is the outside storage of tires and wheels associated with the on-premise tire shop. The outside storage does not include the storage of inoperable or wrecked vehicles. 2. LOCATION: The outside storage shall be limited to the rear of the property. 3. SCREENING. A st2ndard screening ff' '. ..~th a height of not less th2 .' - (6) f~et shall be located along me north, east, and west property lines. 'A screening fence shall extend east and west from the rear of the building as shown on the site plan. H:\LEG-DlR\ VERONICAIDDCUR TlSIMYDOCS\ 1999\P&ZORD99\DOYLECIZ 129906A.DOC 98 /s 4. LANDSCAPING: Landscaping shall be provided in accordance with the site plan. All landscaping must be kept in a healthy and growing condition at all times. 5. LIGHTING: All exterior lighting shall be shielded and directional. Lighting shall be directed away from surrounding public rights-of-way. 6. 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 I and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 18th day of January, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED January 10,2000: H:\LEG-DIRI VERONICA IDDCURTIS\MYDOCSI 1999IP&ZORD99IDOYLECIZ 129906A.DOC 99 /(P M.r'r'LI\..A.I'II1 ~ kt:UUt:::s I AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY MANUEL BANUELOS, BY CHANGING THE ZONING MAP IN REFERENCE TO HARLAND INDUSTRIAL SITES ANNEX NO.1, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; Al"lD DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City COWlcil its reports and recommendations concerning the application of Manuel Banuelos, for amendment to the zoning ordinance and 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 18, 2000, during a meeting of the City COWlcil, 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 COWlcil 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 Harland Industrial Sites Annex No. 1. located on the north side of Horne Road, approximately 150 feet east of Ayers Street, from "B-4" General Business District to "1-2" Light Industrial 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 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 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 arp ~. . "1' expressly repealed. :-- .. IICITYHALL02IUSERSILEG.DIR\ VERONICA IDDCURTlSIMYDOCS\ I 999\P&ZORD99IDOYLECIZ 129906B.DOC 100 I'; 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 18th day of January, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel 1. Neal, Jr. Mayor, The City of Corpus Christi APPROVED January 07, 2000: By: IICITYHALL02IUSERSILEG-DlR\ VERONICA IDDCURTISIMYDOCSI t 999IP&ZORD99IDOYLEOZ 1299068. DOC 101 Ii 11 AGENDA MEMORANDUM Date: January 14, 2000 Agenda Item: a. Resolution approving the terms of a loan from the State Infrastructure Bank for $4,000,000 to fund the City's share of the JFK Causeway project; Authorizing the City Manager, or his designee, to execute the necessary documents. b. Resolution accepting Texas Transportation Commission Minute Order Number 107987, dated October 28, 1999, providing for the elevation of the JFK Causeway and providing for the contribution from the City of $4,000,000 toward construction of the project. Issue: The City Council has determined that raising the JFK Causeway is a vital project to our community, and has expressed its commitment to fund $4,000,000 of the $45,000,000 project. A low-interest rate loan from the State Infrastructure Bank ("SIB") has been secured and requires Council approval to execute the loan agreement. The Minute Order also requires Council acceptance. Funding Source: Principal repayment on the loan will be deferred until Fiscal Year 2006-07. Interest on the loan, which would begin in Fiscal year 2001-02, would be paid from funds identified during the budget process. Prior Council Action: July 13, 1999 - Resolution authorizing the City Manager to execute and submit an application to the SIB for a loan in the amount of $4,000,000 to finance the City's share of the JFK Causeway Project, and further authorizing the City Manager to negotiate financial terms of the SIB loan. Required Council Action: Approval of the SIB loan agreement and acceptance of the Minute Order. Recommendation: Staff recommends approval of the resolutions. ar---- f &if f:.et!'~ '/13/00 ~ I R. Escobar irector of Engineering Services Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Texas Transportation Commission Minute Order No. 108058 Texas Transportation Commission Minute Order No. 107987 Background Information Resolution approving SIB loan Resolution accepting Minute Order 102 TEXAS TRANSPORTA TION COMMISSION NUECES County MINUTE ORDER Page lof2 District CORPUS CHRISTI Section 350 of the National Highway System Designation Act of 1995 (Public Law No. 104- 59) authorizes states to establish a State Infrastructure Bank (SIB) for the purpose of making loans and providing other financial assistance to public and private entities, so as to encourage public and private investment in transportation facilities, expand the availability of funding for transportation projects, and reduce state costs. Pursuant to this legislation, Transportation Code, Chapter 222, Subchapter D, created a SIB within the Texas Department of Transportation (department). The provision of capital to the SIB will result in the reduction of burdens and demands on the limited funds available to the Texas Transportation Commission (commission) and an increase in the effectiveness and efficiency of the department by allowing the SIB to provide financial assistance to eligible transportation projects. Pursuant to Transportation Code, Chapter 222, Subchapter D, the commission has adopted administrative rules implementing that subchapter and establishing eligibility criteria for an entity applying for financial assistance from the SIB, codified as Title 43, Texas Administrative Code, Chapter 6. In accordance with 43 T AC 96.32, on November 18, 1999. in Minute Order 108026, the commission granted preliminary approval of an application from the city of Corpus Christi (city) to borrow $4,000,000 from the SIB, to fund the city's portion of the cost to elevate and widen the JFK COU"'W"y (Park Road 22). The planned improvements will raise the elevation of the lFK Causeway, thereby providing a safer, more efficient evacuation route from Padre Island and Mustang Island during high tides, tropical storms, and hurricanes, indicating there is a transportation need for and anticipated public benefit in the proposed project, and a resulting improvement in the efficiency of the state's transportation system. In accordance with 43 T AC 96.32(d), a study of the social, economical, and environmental impact of the project, consistent with the National Environmental Policy Act (42 U.s.e. 94321 et seq.), and in compliance with the requirements of the department's environmental rules, was conducted as part of the department's environmental assessment of the project, resulting in a finding of no significant impact. The project will have positive social, environmental, and economic impacts in the city and the surrounding region as the improvements will result in increased JJ10bility and safety by reducing impacts and interruptions to traffic flow caused by tides and storm surges. The present and projected financial condition of the SIB is sufficient to cover this request. The proposed project and loan are in conformity with the purposes of the SIB, as it wi! expand the availability of funding for transportation projects and will reduce direct state costs. Exhibit "AU Page 1 gf 2 10j TEXAS TRANSPORTA nON COMMISSION NUECES County MINUTE ORDER Page 2 of 2 District CORPUS CHRISTI NOW, THEREFORE, IT IS DETERMINED that the application for SIB financial assistance submitted by the city of Corpus Christi meets the requirements of 43 TAC s6.32(e) and, in accordance with that section, the commission grants approval of the application [0 borrow from the SIB the amount of $4,000,000. IT IS FURTHER ORDERED that the Executive Director is directed to negotiate the terms of and enter into a financial agreement with the city. Exhibit "A" Page' ~'bf 2 Recoz;:zJ:1 i Ii Executive Director 0. 1(~5Q:8 DEC1~' 7 Jbmitted and reviewed by: -l,4-r-AS f?1 &ry. Director. Finance Division Minute Number Date Possed TEXAS TRANSPORT A TION COMMISSION NUECES County MINUTE ORDER Page Disnict CORPUS CHRJSTr In NUECES COUN1Y (the "county") on PARK ROAD 22 ("JFK Causeway"), from O'Connel Street on the mainland to Aquarius Drive on Padre Island, a distance of approximately 4.2 miles, a project to elevate and widen the roadway to four lanes is currently being proposed to the City of Corpus Christi (the "city") and the county. The total estimated construction cost for the project is $45,000,000. Section 1602 (Project 317) of the Transportation Equity Act of the 21st Century (TEA-21) specified that $2,813,000 (includes 20 percent state match) would be used forthe upgrade of the JFK Causeway. Section 1602 (Project 1813) ofTEA-21 specified that $133,863,000 in flexible funding may be used on various High Priority Highway and Bridge projects. Ofthis amount, a total of $16,500,000 (includes 20 percent state match) is being requested for this project. The Metropolitan Planning Organization (MPO) will allocate $4,000,000 in Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation Program funds, as approved by Texas Transportation Commission (the "commission") Minute Order 107737, dated January 29, 1999. The MPO will also allocate $9,687,000 in supplemental STP Metropolitan Mobility/Rehabilitation Program funds, as approved by commission Minute Order 107892, dated July 29, 1999. Commission Minute Order 107950, dated September 30, ]999, authorized $4,000,000 of the construction cost for the project in Priority I, Category 138, Hurricane Evacuation Routes of the 2000 Unified Transportation Program (UTP). The city and the county have offered to provide a minimum of$4,000,000 each toward the construction of the project for a total of $8,000,000. In order to fund the remaining $19,313,000 required to complete the project, it is now necessary to authorize $2,813,000 (includes 20 percent state match) from TEA-21, Section 1602, (Project 317) and $16,500,000 (includes 20 percent state match) from TEA-21, Section 1602 (Project 1813). IT IS THEREFORE ORDERED by the commission that the executive director is directed to tender the following proposal to the city and the county: Provided the city and the county will: 1. Contribute a minimum of $4,000,000 each toward the construction of the project, for a total of $8,000,000. Exhibit "B" Page 1 of 3 105 TEXAS TRANSPORTATION COMMISSION ~ WECES County MINUTE ORDER Page 2 of2 District CORPUS CHRlSTI The department will: I. Provide a total amount not to exceed $2,813,000 (includes 20 percent state match) in Category IS, Congressional High Priority Projects, specified in TEA-21, Section 1602 (Project 3 17). 2. Provide a total amount not to exceed $16,500,000 (includes 20 percent state match) in Category IS, Discretionary Congressional High Priority Projects, specified in TEA-21, Section 1602 (Project 1813). IT IS FURTHER ORDERED by the commission that upon acceptance of the provisions of this Order by the city and the county, the executive director is hereby authorized to enter into any necessary agreements and to proceed in the most feasible and economical manner with project development of the JFK Causeway at a total estimated construction cost to the department of $19,313,000, to be funded in Priority I, Category IS, Congressional High Priority Projects of the 2000 UTP. IT IS UNDERSTOOD that the department's commitment is limited to a total of $19,3] 3,000, which cannot be exceeded without further commission approval. This Order shall become operative upon acceptance by the city and the county, and if not accepted within 90 days of the date hereof, the actions contained in this order shall not be implemented. Submitted and reviewed bv: . ;1 C /,' 7 /) 1- t;",,~ ~ /-/...(_u.k-fLcj.., Director, Transportation Planning 'l and Programming Division 'ti':J~,,,!AJlt Executive Director f..f 107987 OCT 28 99 Exhibit "B" Page1l!EOf 3 Minute Number Date Passed , '- - , ''''~-.j .... ,/ r _. , /:/ " ~ ~ ;;-::-::--;;7:: ;;-;;---_.____ =::"", =- :::'::.3~!i '=< =:: _.--.~ ~,. F--- u-' Ow Z'" wO ,0:: a.. ""'= """"=:=~ "'==:::::""':::'::- 7t.-....s/>':3.;i;'<<.t:%.>::: ---"~-------.- '---. ( --, ~ - ~=""""'-~'"":::::,:::."""", '" -~ " -"'-..,- '" ""''''~ -..... ""'"", ~ . ~ "' ~ ~, /- <'"'\r\... Q'r' . ~~~ >- to- 6' ()' Jy ~m'^"''' J , - 0,;. ~ i It <' ~~ / , ~ / < ci () u .- to- ZU -w e>'" wO mo:: 111. ::: " , :: 0 p w " < ~ d, ci en w U w ;::) Z .y /} '~-- {) '~ ~ ~ ~ ~ ~ ~ U / /' / / ,. ) 0 S ~ ~ r_ :-'-i ~ ~..., ~. . - '~ ~ " BACKGROUND INFORMATION The City Council has recognized the importance of elevating the JFK Causeway to provide a safe evacuation route for Padre and Mustang Islands, and has agreed to participate with the State and other governmental entities in this project. The funding sources are as follows: $23.3 million StatelFederal funds 13.7 million Metropolitan Planning Organization 4.0 million City of Corpus Christi ~ million Nueces County $45.0 million On October 28,1999, the Texas Transportation Commission approved the State's share of the funding, subject to participation by the City and County. Council acceptance of the minute order is required, which must be submitted to TxDOT in Austin by January 26, 2000. Funding for the City's share of this project has been obtained through the State Infrastructure Bank. Funds will not be required until Spring 2001, at which time the $4 million loan will be made to the City, and the funds immediately turned over to TxDOT. This loan carries a 4.5% interest rate and allows the City to defer payment of principal until fiscal year 2006-07, which fits in with the City's existing debt structure. Interest of $180,000 per year will be paid during the deferral period. A loan amortization schedule is attached. Funds of $400,000 per year were identified during the 1999-2000 budget process to be reserved for payment of principal and interest on new Certificates of Obligation to be used for completion of 1986 Bond Projects, with any remaining funds to be used for the SIB loan. Sufficient reserves are expected to be available to cover the SIB interest payments, as shown on the attached funding analysis schedule. .-- .. 108 SIB LOAN TERMS Principal: $ 4,000,000 Interest rate during deferral: 4.50% Interest rate during payback: 4.50% Construction complete: mid-2004 Principal repayment start: Spring 2007 Repayment Term: 3 years Loan Balance Interest accr. Principal Interest Total Loan Bal FY @July1 during yr paid Paid Paid @ June 30 Ending 4,000,000 2001 4,000,000 180,000 180,000 180,000 4,000,000 2002 4,000,000 180,000 180,000 180,000 4,000,000 2003 4,000,000 180,000 180,000 180,000 4,000,000 2004 4,000,000 180,000 180,000 180,000 4,000,000 2005 4,000,000 180,000 180,000 180,000 4,000,000 2006 4,000,000 750,000 180,000 930,000 3,250,000 2007 3,250,000 2,000,000 146,250 2,146,250 1,250,000 2008 1,250,000 1,250,000 56,250 1,306,250 2009 4,000,000 1,282,500 5,282,500 109 ANALYSIS OF FUNDING REQUIREMENTS FOR SIB LOAN Estimated Funding P&lon Excess Used for Reserve FY end Reserved $4M CO Available SIB Balance 2000 400000 400000 400000 2001 400000 235200 164800 564800 2002 400000 259500 140500 180000 525300 2003 400000 267820 132180 180000 477480 2004 400000 275580 124420 180000 421900 2005 400000 277920 122080 180000 363980 2006 400000 279980 120020 180000 304000 110 RESOLUTION APPROVING THE TERMS OF A LOAN FROM THE STATE INFRASTRUCTURE BANK FOR $4,000,000 TO FUND THE CITY'S SHARE OF THE JFK CAUSEWAY PROJECT; AUTHORIZING THE CITY MANAGER, ORRIS DESIGNEE, TO EXECUTE THE NECESSARY DOCUMENTS. NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Approving the terms of a loan from the State Infrastructure Bank for $4,000,000 to fund the City's share of the JFK Causeway project. SECTION 2. The City Manager, or designee, is authorized to execute the necessary documents. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi. Texas .2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr.. Mayor Legal form approved I ~ (:P--~ 1, a') .2000; James R. Bray, Jr., City Attorney By: <-Joll;JJA, ~a;~l1U~ Alison Gallaw~First Assistant Ci y Attorney H:'lEG-DIR\ VERONICA \ALlSON\OROOO .SOO\AGORDOO. SO 7 111 RESOLUTION ACCEPTING TEXAS TRANSPORTATION COMMISSION MINUTE ORDER NUMBER 107987, DATED OCTOBER 28, 1999, PROVIDING FOR THE ELEVATION OF THE JFK CAUSEWAY AND PROVIDING FOR THE CONTRIBUTION FROM THE CITY OF $4,000,000 TOWARD CONSTRUCTION OF THE PROJECT. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City accepts Texas Transportation Commission Minute Order Number 107987, dated October 28. 1999, providing for the elevation of the JFK Causeway and providing for the contribution from the City of $4,000,000 toward construction of the Project. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved /3 ,2000; James R. Bray, Jr., City Attorney By: Alison Gallaw y, First Assistant Ci Attorney OrdOO.811 112 12 AGENDA MEMORANDUM DATE: January 13, 2000 SUBJECT: Amendment of Capital Improvement Program Padre Island Pumping Plant and Distribution System Improvements AGENDA ITEM: Ordinance amending the FY99-00 Capital Budget, adopted by Ordinance No. 023703, to include the Padre Island Pumping Plant Improvement project; revising the project scope to include land acquisition; increasing the FY99-00 Capital Budget by adding $1,030,000 to the Water CIP Program; and declaring an emergency. ISSUE: The City must take action to correct low water pressure on Padre Island to comply with the TNRCC Administrative Order issued July 28, 1999 for non-compliance with regulations. FUNDING: Funds for this project are available from the Water Capital Projects Fund. RECOMMENDATION: Approval of the ordinance as presented. bi~~ Eduardo Garaiia, P. E. rY\:;)- Water Superintendent ~ I R. Escobar, P. E. irector of Engineering Services Attachments: Exhibit A - Additional Information 114 H:IHOMEIKEVI NSIGENlWA TERIP ADREICIP AMEND.M ADDITIONAL INFORMATION BACKGROUND: The Padre Island water distribution system suffers from low water pressure during peak demand periods, particularly in the summer months. On July 8,1998 the Texas Natural Resource Conservation Commission (TNRCC) performed a sanitary survey. As a result of the low water pressure encountered during this survey, the TNRCC issued an Administrative Order on July 28, 1999 for non-compliance with regulations. In order to comply with the Administrative Order, projects that were to be initiated in future fiscal years are proposed to be undertaken on an accelerated basis. The improvements to the Padre Island Pumping Plant will provide improved distribution pressure by constructing a new 750,000 gallon ground storage tank reservoir with related pumps, piping and controls. The first phase of the project in the amount of $500,000 was originally programmed to begin during FY2000- 2001 by the City's adopted Capital Improvement Program. In order to expedite the project, the improvements are proposed to be phased in a manner similar to the Souths ide Water Storage Reservoir and Pumping Plant. This will allow the City to proceed with the storage tank contract and award separate contracts for land acquisition, site improvements, and upgrade of structure, controls, and pumping capacity of the booster station. PROJECT: The proposed project will be completed during three phases. Phase 1 consists of erecting a new 750,000 gallon ground water storage tank and foundation, and installation of the interconnecting piping with the existing tank and booster pumping plant. This segment of work will be completed first due to the relative ease of design and the tank can be installed within three (3) months with completion anticipated in June 2000. The scope of Phase 2 includes necessary site improvements consisting of security fencing, drainage improvements, and access roadway. This work is currently in the planning stage. It proposed that the work will be divided into several procurement actions which can be completed during the summer months. The final phase of the project, Phase 3, consists of upgrading the structure, controls, and pumping capacity of the booster station. Completion of this multiple-phased project will enable the Water Department to consistently maintain the water distribution system pressure on Padre Island in compliance with the TNRCC Administrative Order. FUTURE ACTIONS: Council will be requested to authorize award of construction and procurement contracts necessary to complete the previously-described phases. RECOMMENDATION: Passage of the ordinance as presented. II Page 1 of 1 II H:\HOME\KEVINS\GEN\WATER\PADRE\CIPAMEND.BKG 115 ORDINANCE AMENDING THE FY 99/00 CIP BUDGET BY ACCELERATING THE PADRE ISLAND PUMPING PLANT IMPROVEMENT PROJECT AND REVISING THE PROJECT SCOPE TO INCLUDE LAND ACQUISITION, WHICH WAS ADOPTED BY ORDINANCE NO. 023703, BY ADDINGSl,03tl,OOO TO THE WATER CIP PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the FY 99/00 CIP Budget, adopted by Ordinance No. 023703, is amended by adding $1,030,000 to the Water CIP Program to accelerate the Padre Island Pumping Plant Improvement Project and to revise the project scope to include land acquisition. 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 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 J3 ~ U""O ' 2000; James R. Bray, Jr., City Attorney By: ~L. .;&^ ~11001'111~ Alison Gallaway, Q:-irst Assistant City AttorkY .- H:' LEG-DJR'. VERONICA'ALISON"' ORDOO.gOO'AGORDOO.808 116 13 City Council Agenda Memorandum January 18, 2000 AGENDA ITEM: A. Ordinance, amending the Corpus Christi Code Of Ordinances, Chapter 24, Sections 24-33,24-37,24-40,24-46,24-47,24-48,24-49,24-50,24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for Penalties. B, Motion authorizing the City Manager or his designee to submit such ordinance to the Department of Housing and Urban Development for substantial equivalency and enter into an Interim Agreement with HUD for the $115,000 funding package to establish a substantially equivalent Fair Housing Program, beginning with this federal funding cycle; and to include authorization for the City Manager to continue with the preliminary agreement for up to a three year period and thereafter establish annual HUD worksharing agreements. ISSUE: The Housing and Urban Development has asked the City to make several modifications to its present fuir housing ordinance to meet eligibility status for substantial equivalency with the Federal Fair Housing Act, as amended in 1988. BACKGROUND: On August 18, 1998, the Council passed Ordinance 023411 amending the Article III, Discrimination in Housing. Upon the passage of this ordinance, the City sent an original copy to the Federal Housing and Urban Development in Washington, D. C. to be reviewed by their general counseL After several reviews, and many telephone calls, HlJD's General Counsel has approved the enclosed ordinance with noted changes. The substance of the ordinance is not changed. The proposed changes are necessary to allow the City to enter into a work share relationship with the Housing and Urban Development, and to receive $115,000 each year, for up to three years, beginning with the Federal government's present funding cycle. These funds can be used in the development of the City's Fair Housing Program, which includes external and internal training materials, providing training and travel for stafflattomeys, and development of forms and procedures to establish an on-going Fair Housing Program. Additionally, the funds will offset expenses related to necessary staffmg needs (i.e.: Office Assistant I, Grade 12 - clerical support for expanded workload), office supplies and equipment. 118 After three years of building a "substantially equivalent" Fair Housing Program, the Housing and Urban Development will continue its relationship with the City by entering into annual HUD agreements, similar to that presently utilized between the City and EEOC. The benefit of the annual agreements would be establishment of a new revenue source for the City's Genera! Fund. The City would be reimbursed up to $1,750 for each housing discrimination case resolution completed during the previous fiscal year. HUD will also provide an annual administrative fee to the City, as well. REQUIRED COUNCIL ACTION: Council approval is required before the requested changes can be made to the Ordinance and a Motion authorizing the City Manager or his designee to enter into an Interim Agreement and later, on-going annual worksharing agreements with HUD. FUNDING: The Ordinance does not require funding. RECOMMENDATION: Request Council pass the aforementioned ordinance and motion as listed above. YeP'/? Helen R. Gurley, D. Director of Human Relations 119 AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 24, SECTIONS 24-33, 24-37, 24-40, 24-46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 OF HUMAN RELATIONS, ARTICLE ill, DISCRIMINATION IN HOUSING AND PROVIDING FOR PENALTIES. 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 Chapter 24, Sections 24-33, 24-37, 24-40, 24-46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24- 55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article ill are hereby amended to read as follows: CHAPTER 24 . HUMAN RELATIONS ARTICLE ill. DISCRIMINATION IN HOUSING Sec. 24-33 Exemptions and exclusions. (a) There shall be exempted from the application of Section 24-36: (b) ill (A) (2) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subdivision (1)(B) or ~ Q.)(Q; provided, that new occupants of such housing meet the age requirements of subdivisions (1 )(B) or (I )(C); or Sec 24-37 Disability. (f) Covered multifumily dwellings far mst eeeHjlaney after occuoied bv March 13. 1991. or if the building oermit or renewal is made before June 15. 1990. are not covered. Federal Regulations exclude such builrlinp'S from the reQuirements of accessibility. Federal regulations state that dwelling for first occuoancv after March 13. 1991. must meet accessible route reouirements. while dwelliru:1:s desilmed and constructed for first occuoancv on or before March 13. 1991. were exempted. The covered multifamilv dwellings. shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site. For purposes of this sectioll, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy after March 13, 1991"J:fthe dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued by a State, County, or local government on or before June 15, 1990. it is exemot. The burden of establishing impracticality HOIISINc...7-COIfNrn ..("HANC'.F.~NLY_2 January 13,2000t4:31PM) 120 because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. All covered multifiunily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall be designed and constructed in a manner that: Sec. 24-40 Complaint. (f) On the filing of a complaint the Administrator shall: (I) Give the aggrieved person notice that the complaint has been received; ~ (A) ~vise the aggrieved person of the soecific time limits aoplicable to comolaint orocessinl! and the orocedural rumts and obli2litions of the aggrieved oerson and choice of fonuns under this article includinl! that helshe has the ril!ht to commence a civil action under Section 813 of the Fair Housirn! Act in the United States District Court not later than two vears after the occurrence or tennination of the allel!ed discriminatory housinl! oractice; and (B) a copy of the original complaint will be sent to the lIl!grieved oerson( s). ~ Not later than the ~ lOth day after the filing of the complaint or the identification of an additional respondent under 24-43, serve on each respondent: (A) a notice identifYing the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article; and (B) a copy of the original complaint will be sent to beth the res.pondentCs). (3) The Al!encv must make a final administrative disoosition of a comolaint within one vear of the date of filinl! of the charlIe. Sec. 24-46 Investigative Reoort fe!*ffi. (a) The Administrator shall prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (A) The investil!ative reoort will not disclose the names of witnesses that reouest anonvmitv. unless the Administrator is reouired to do so under Court Order. Sec. 24-47 Reasonable cause detennination. HOI:JSING-7..cOIJM"n -CHANGES-ONL Y-2 January IJ.2O'Xl(4:3IPM) 121 ? (d) If the Administrator detennines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the Administrator shall, except as provided by Section 24-49(Land Use Law)>~ Iimmediatelv issue a charge on behalf of the aggrieved person. Sec. 24-48 Charge. (a) A charge issued under Section 24-47 (Reasonable Ceause Deetennination): (b) Not later than the J. day~ after the Aclmini<:trator issues a charge, the Administrator shall send a copy of the charge with information concerning the election under Section 24-52 (Election of judicial determination) of this article to: Sec. 24-49 Land liUse lLaw. If the Administrator determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the Administrator may not issue a charge and shall immediately refer the matter to the City Attorney for appropriate action. Sec. 24-50 Dismissal. (a) If the Administrator detennines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur: (I) the Administrator shall issue a short and Dlain written statement of the facts UDon which the no reasonable cause determination is based: (2) dismiss the ComDlaint: (3) notify each lll!:erieved Derson and each resoondent of the dismissal and make Dublic disclosure of the dismissal: unless (4) the comoJainant or reSDOndent makes a reauest that no public disclosure of the dismissal be made. (ll) The .^Jdiministfatsr silallmslL-e flliblie SiseleslIfe sf eaek disHlissalliFlaer tilis seetien. Sec. 24-51 Pending eCivil tlrial. Sec. 24-52 Election ofj,!udicial dDetennination. (c) The person making the election shall give notice to the Commission through the Administrator and to lll!:erieved oersons. all other complainants and respondents to whom the charge relates. Sec. 24-53 City Attorney &Action fEor eEnforcement. (a) If a timely election is made under Section 24-52(Election of jJudicial eDetermination), the Administrator, upon review by and with the concurrence of the City Attorney, shall file a civil action on behalf of the aggrieved person in a State District Court seeking relief under this section. HOUSING..7-CotlNrn -l'HANGF.S-OM y..'" January 13,2O'.Xll4:31PM) 122 , Sec. 24-54 Administrative hHearing. Sec. 24-55 Administrative penalties. (a) If the Commission determines at a hearing under this Section that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Commission may order the appropriate relie~~ iBel1llliHg actual damages (inclucHn€, damages caused bv humiliation and embarassmenO, reasonable attorney's fees, court costs, and other injunctive or equitable relief. (b) To vindicate the public interest, the Commission may assess a civil penahy against the respondent in an amount that does not exceed: (I) $19,999 $11.000 if the respondent has not been adjudged by order of the Commission: in anv administrative heariru! under the Fair Housiru! Act. or any State or local Fair Housiru! Law. or in any Iicensinl! or rel!Uiatorv nroceediru! conducted by a Federal State or locallil!encv or a court to have committed a prior discriminatory housing practice; (2) Except as provided by Subsection (c) of this section, $25,999 $27.500 if the respondent has been adjudged by order of the Commission: in any administrative hearinl! under the Fair Housiru! Act. or any State or local Fair Housinl! law. or in any licensiru! or rel!ulatorv nroceedinl! conducted bv a Federal. State or locallil!encv or a court to have committed one (1) other discriminatory housing practice during the five (5) year period ending on the date of the filing of this charge; and (3) Except as provided by Subsection (c) of this section, $50,009 $55.000 if the respondent has been adjudged by order of the Commission: in any administrative hearinl! under the Fair Housinl! Act. or any State or local Fair Housinl! law. or in any Iicensinl! or rel!ulatorv nroceedinl! conducted bv a Federal. State or locallil!encv or a court to have committed two (2) or more discriminatory housing practices during the seven (7) year period ending on the date of the filing of the charge. Sec. 24-56 Effect of Commission order. A. A Commission order under Section 24-55(Administrative penalties), does not affect a contract, sale, encumbrance, or lease that: (a) Was consummated before the Commission issued the order; and (b) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice ofthe charge filed under this article. B. Judicial Review and Enforcement of Final Decision HOI J'S1NC"...7-COIINCn -CH4.NCJF.S-ONl v-:! January JJ.2CXXl14:31PM) 4 123 (a) Petition fur review. Anv DartY adverselv affected bv a final decision under Sec. 24-55 may file a netition in the anorooriilte United Stated Court of ADoeaIs for review ofthe decision. The petition must be filed within 30 daYS of the date of issuance of the final decision. (b) No netition for review. Ifno netition for review is filed under subsection (a) within 45 dayS from the date of issuance of the final decision. the fin{HnlJ~ onacts and :final decision shaIl be conclusive in connection with any netmon for enfurcement described under subsection (c) filed thereafter bv the City Attornev. and in connection with any netition for enforcement described under subsection (d). (c) Enforcement. Followiru!: the issuance of a :final decision. the City Attornev may netition the approorlate United States Court of Apneals for the enforcement of the final decision and for aoorooriate temoorarv relief or restrainirul: order. (d) Enforcement bv others. Ifbefore the exoiration of 60 dayS from the date of issuance of the final decision. no oetition for review of the final decision has been filed. and the City Attornev has not soUl!ht enforcement of the final decision as descnbed in paral!l"llDh ( c) of this section. any oerson entitled to relief under the final decision may petition the appropriate United States Court of Anneals for the enforcement of the final decision. Sec. 24-58 Order in preceding five years. If the Commission issues an order against a respondent against whom another order was issued within the preceding five (5) years under Section 24-55 (Administrative penalties), the Commission shall send a copy of each order issued under that section to the Texas Commission on Human Rights and to the Attorney General for the State of Texas. Sec. 24-62 Pattern and practice cases. (c) A person may intervene in an action under this section if the person is: (I) a person aggrieved by the discriminatory housing practice; or (2) a party to a conciliation agreement concerning the discriminatory housing practice. (3) Additionallv. relief is available to the intervenor. The Court may =t such appronriate relief to any such interveninl! DartY as is authorized to be l!1"anted to a olaintiff in a civil actioIt Sec. 24-64 Prevailing party. The Court in a civil action or the Commission in an administrative hearing under Section 24- 54 (Administrative hHearing), may award reasonable attorney's fees to the prevailing party_. . - .. and assess costs against the non-prevailing party. HOtISING_7-C0I!Nrn....rHANGF.~N1 Y_" January 13.2000{4:3IPM) 124 " Sec. 24-65 lntimiEiatiea sr mtslh..;eaee. Interference. Coercion. or Intimidation: Enforced by Civil Action It shall be unlawful to coerce. intimidate. threaten or interfere with any oerson in the exercise or enioYment of: or on account ofhis having exercised or enioyed. or on account ofhis having aided or encourlU!:ed any other oerson in the exercise or enioYment of any right granted or protected by this ordinance. (8) ..A"" pSFS8B eellHBits an. e~__1Hlf:ier this see-tieR ..vketBeF aF Bet aetiBg antler the seIer sf the Ia's, by foree or tMeat offeree, iBteatislllllly iBjW'es, iBtimidates or iBteFieres .~\i.th SF atte1BJ3ts t(3 iBjure, iBtimielate aT iBttHere ..\4t8 a J3efsea: (1) Beeause eftl1e PSFSBR'S FRee, ealer, :religien, sen, disaeility, fAR=liliAl stams, or natienal erigin ana Beea1:l5e the peiSeR is Sf has heeR selling, f)lIfSba5iag, FeatiBg, liBaneing, se~, er eOBtfaetiBg, or aegetiatiBg fer the sale, pHfehase, feBtaI, Bnaneing, af eesapatiea af any ct.";eDing, af aPfJlYHlg for ar partieipatiBg iB a semee, erglHltilatien, er fueility relating te the basiBess ef selling aF ree.ting G\'lellings; aF (2) BeelHl5e the persea is eF has beeft, sr te ifltimiElate the persea Fem: (i\) flarlieipatiBg, withem diserimiBatiea beeaase effliee, eeler, religion, sei~ aise6ility, familial statas, aT aatienal erigitl, ia an aety;ity, serviee, ergllfli7n+ien, eF fueilit), deserilleEl iB SHbSivisiea (l) efthis suilseetien; (B) afiOraing anetker flerS8B 8PfJert1:l:f"it)' aF 13reteetieR t8 se'partieipate; Sf' (C) lawfully aiding er eReellfl!ging ether flerseI15 te parlieipate, withem diserimiflatiea eeelHl5e ef fliee, eoler, religien, sel" disability, familial statlls, er llatienal origH-.. in 8R aethity, serviee, erg~ien, er [aeility aeseHlleEl iB Slll11ii'.'isiea (I) eftlris sueseetiaa. (e) .'\n eft"tnse lIBtler tlris seetiea slIaIlbe ift'lestigateEl by the CeBlHlissiea anti ani'ie at aeteFftlinatiea ana elesw:e. Iftlie affense inelH6es sflminaI a6ti~:ity ifl";el.;~ig a tkr-eat ef phyaieal ferae, the Cemmissiea will refer that partieR sf the eemplaint ta the Carpas Ch.:isti Peliee De)3artmeRt for erifninal ur;estigatieB ana if apprspnate v.iR refer to the gtate~ FedeFa:l 0F Leeal flftlseeutor's ofliee fer eriminaI J:lFeSeeutieB. Sec. 24-66 Criminal Penalty - Intimidation or Interference Whomeyer. whether or not actin!! under color of law. bv force or threat offorce. willfully iniures. intimidates or interferes with. or attempts to iniure. intimidate or interfere with - (a) any person because of his race. color. religion. sex. handicap. familial status. or national oril!in and because he is or has been sellin!!. purchasin!!. rentin!!. financinl! occupving. or contractin!! or ne!!otiatin!! for the sate: purchase. rentaL financinl! or occupation of any dwellin!!. or applvinl! for or participatin!! in any service. HOl'SI'NC'..U"OlJNCn.-cHANC-.ES-ONL Y-2 JanuaJy 1J.2000(4-31PM) 125 Ii organization. or facility relating to the business of seIlirn! or renting dwellings: or (b) any oerson because he is or has been. or in order to intimidate such \)erson or any other oerson or any class of oersons from - (1 ) oarticipating. without discrimination on account of race. color. reIW:ion. sex. handicao. familial status. or national 0ri2in. in any of the activities. services. organizations or facilities descnbed in subsection (a) of this section or (2) affording another oerson or class of oersons oooortunity or orotection so to oarticioate: or (c) any citizen because he is or has been. or in order to discoUflU!e such citizen or any other citizen from lawfully aicIin2 or encouraui"l> other oersons to oarticioate. without discrimination on account of race. color. refurion. sex. handicao. familial status. or national oril!in. in any of the activities. services. organizations or facilities described in subsection (a) of this section. or oarticioating lawfully in soeech or oeacefuI assembly oooosing any denial of the oooortunitv to so oarticioate- (d) An offense under this Section is a Class A Misdemeanor. Sec. ~ 24-67 thru 24- 79. Reserved SECTION 2. Penalties for violation of Chapter 24 are modified as provided herein. HOIJSTNG-7-C'OIJNCIL..('"HANGES-Ol'o'l Y-1 Janu.y lJ.2CXXl(4:3IPM) 126 7 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: Samuel 1. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales That the foregoing ordinance was read for the second time and passed finally on this the , 2000, by the following vote: Day of Samuel 1. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED, this the _ Day of ,2000 ATTEST: Armando Chapa, City Secretary Samuel 1. Neal, Jr., MAYOR THE CITY OF CORPUS CHRISTI LEGAL FORM APPROVED 1- I J ,2000. By: ~ J S R. BRAY, CIlY ATTORNEY OOClNEN'T3 January 13,2000 (4:43PM) 127 14 Funding the Arts City of Corpus Christi, Texas Art Grant Support to the Visual & Performing Arts Corresponding Growth of Arts Funding and Hotel Tax Revenues $5,000.000 $4,500,000 $4.000.000 $3,500,000 $3,000,000 $2,500.000 $2,000,000 $1,500,000 $1,000,000 $500,000 $o 1980 1990 1998 ❑ Arts Grant Program ❑ Hotel Tax Revenue 1998 Texas Cities Hotel Tax Revenue Allocation 40 0% 35.0% 30 0'70 250% 20 0% 15 0% 10.0% 5 0% 0.0% AA E c0 N O � O O � � _ C Q FY 1999-2000 Arts Funding in Corpus Christi ❖Line Item Funding ❖ Texas Jazz Festival - $7,500 ❖ Arts Museum of South Texas $200,000 ❖ Asian Cultures Museum - $15,000 ❖ Antonio Garcia Ed. Center - $15,000 ❖ Art Center of CC - $15,000 ❖ C.C. Symphony - $12,000 ❖ Harbor Playhouse - $31,500 ❖Arts Grant Program ❖ Funds 18 to 23 nonprofit organizations $126,500 How to apply for a grant... Annual Review of the Process... 'r Nr • At the beginning of each grant season the ACC reviews the previous year's process. • No changes are made once the grant cycle begins. • The process is stringent because the demand for funds far exceeds those available. To be eligible for a grant... • The organization must attend 1 of 2 workshops conducted by the ACC to discuss changes to the process. • Submit the grant application on the deadline. • Submit all required attachments on the deadline. • Provide a 5 minute presentation to the the ACC and the Peer Panel Arts Grant 1999-2000 Timeline ❖ Jan/Feb - Evaluate lasts year program ❖ March/April - Recruit Peer Panelists and hold workshops. ❖ Mav 21- Grant deadline ❖ June 4 - Attachment deadline ❖ July - Presentations and Panel review. ❖ August- Written appeals from arts organizations due. ❖ September/October - City Council review. ❖ November - Grant funds distributed Peer Panel Preparation... ❖ Panelists receive an orientation and overview of job responsibilities. ❖ Panelists enter into an agreement with the City regarding conflict of interest responsibility. ❖ Panelists must review and do a preliminary evalL The Peer Panel's recommendation is based upon... ❖ Artistic Merit ❖ Value to the community ❖ Financial ability to match the grant. .. ; 'Ilk r `, 1 Organizations may appeal the Panel's recommendation... • An Fganization may appeal the panel's t.41 rec ammendation with ft Arts & Cultural Commission and the City Council. Options for Arts Funding ❖ Continue current method of funding, utilizing Hotel/Motel Tax money. ❖ Utilize a combination of General Fund and Hotel/Motel Tax money. ❖ Solicit corporate or foundation funding for the arts in addition to utilizing Hotel/Motel tax money. ❖ Eliminate all current line item allocations for art groups and develop a competitive process for the allocation of those dollars. ❖ Eliminate all tax funded support for the arts, utilizing city staff to assist arts organizations in their quest for corporate funding. Funding enables nonprofit cultural organizations to provide a variety of programs to the City The Coastal Bend Council of Native American's annual Pow Wow, the Juneteenth Celebratio , Chopin Concerts or an introduction to communi' theater are all programs . • that contribute to the C quality of life in Corpus t Christi. " OoR� 1997-98 SUBGRANT AWARDS December I, 1997 through November 30, 1998 Bilingual Theater 1,510 Corpus Christi Ballet 9,180 Ballet Nacional 7,464 Asian Cultures Museum 2,495 Cathedral Concert Series 11,318 CC Symphony 15,701 TAMU-CC 1,000 Coastal Bend Council of Native Americans 3,604 Opera in the Schools 2,502 Corpus Christi Chamber Music Society 5,253 Corpus Christi Literary Reading Series 3,147 Creative Arts Center 4,556 Corpus Christi Concert Ballet 9,740 Frydryck Chopin Society 575 Harbor Playhouse 9,459 Texas Jazz Festival Society 5,714 KEDT -FM 4,195 Center for Hispanic Art 2,466 Corpus Christi Young Artists Competition 5,291 Children's Music Society 1,982 Art Museum of South Texas 3,861 Irish Cultural House 1,982 Art Center of Corpus Christi 1,005 TOTAL 114,000 SUB GRANT A WARDS 1999-2000 December I, 1999 through December 31, 2000 Corpus Christi Symphony Orchestra 21,581 KEDT-FM - Latin Dance Party 2,324 Bilingual Theater Company 1,504 Harbor Playhouse 21,549 Cathedral Concert Series 13,522 Corpus Christi Young Artist Competition 3,408 Ballet NacionaI 2,994 FFRGIA - Drop In Art Adventures 6,364 Art Center of Corpus Christi 1,063 Corpus Christi Literary Reading Series 2,108 Coastal Bend Council of Native Americans 2,828 Coastal Bend School for the Arts 172 Corpus Christi Concert Ballet 10,570 South Texas Institute for the Arts 2,357 Corpus Christi Chamber Music Society 2,901 Corpus Christi Ballet 8,575 Philippine Society for the Performing Arts 2,514 TOTAL 106,335 1998-99 SUB GRANT AWARDS December 1, 1998 through November 30, 1999 Harbor Playhouse 22,764 Corpus Christi Symphony 21,572 KEDT-FM 4,270 Corpus Christi Ballet 6,855 Cathedral Concert Series 10,584 Ballet Nacional 6,359 Corpus Christi Chamber Orchestra 3,815 Literary Reading Series 4,359 Corpus Christi Art Center 1,073 South Texas Institute for the Arts 10,670 Bilingual Theater 2,590 Corpus Christi Concert Ballet 10,249 Corpus Christi Young Artist Competition 5,140 Children's Music Society 1,106 Coastal Bend Council of Native Americans 3,320 Opera In the Schools 3,106 TOTAL 117,833 15 STORM WATER MEMORANDUM TO: David R. Garcia, City Manager SUBJECT: Street Sweeping Enhanced Service Level THRU: Ron F. Massey, Assistant City Manager, Public Wor FROM: Valerie H. Gray, P.E., Storm Water Superintende DATE: January 14,2000 The Storm Water Department currently contracts 263 curb miles of city street sweeping with Bentex Services, Incorporated. Under this contract, the DowntownlNorth Beach area is swept once a week; State Streets (Saratoga, Weber, Agnes and Staples) and arterials are swept once a month; and there are 1,150 additional sweeping hours budgeted for emergency sweeping, special events and street seal coat clean-up operations. The total street sweeping contract is approximately $130,000, and it expires in June 2000. During the December 14th City Council Meeting, you committed to bring Council a presentation on options for expanding the scope of the City's street sweeping services. Attached infonnation about enhanced street sweeping service level options to include residential street sweeping is scheduled for presentation to Council at the January 18th meeting. Once the decision is made on the level of street services that we will provide to the residents of the city, we will prepare an RFP for a new street sweeping contract that will go into effect in FY 2000-2001. Attachments STORM WATER DEPARTMENT STREET SWEEPING - CURRENT SERVICE LEVEL CONTRACT COST TOTAL TYPE HOURS PER HOUR COST SPECIAL EVENTS 150 $ 39.50 $ 5,925.00 STREETSEALCOAT CLEAN-UP OPERATIONS 1,000 $ 39.50 $ 39500.00 'Cost based on 1997 contract *TOTAL CONTRACT: $ 123,849.68 CONTRACT CURB FREQUENCY COST TOTAL TWE MILES WK MO I QTR YR PER MILE COST DOWNTOWN ° 46.75 X $ 12.00 $ 29172.00 NORTH BEACH 2.08 X $ 12.00 $ 1,297.92 ARTERIALS 180.28 X $ 18.50 $ 40 022.16 TXDOT 33.9 X $ 19.50 $ 7,932.60 CONTRACT COST TOTAL TYPE HOURS PER HOUR COST SPECIAL EVENTS 150 $ 39.50 $ 5,925.00 STREETSEALCOAT CLEAN-UP OPERATIONS 1,000 $ 39.50 $ 39500.00 'Cost based on 1997 contract *TOTAL CONTRACT: $ 123,849.68 STORM WATER DEPARTMENT STREET SWEEPING -OTHER CITIES TOTAL CURB APPROX. SOURCE CITY SERVICE FREQUENCY MILES ANNUAL COST OF FUNDS DOWNTOWN DAILY GENERAL AUSTIN IN-HOUSE bouLtVAkos 6X/YR 3,575 1,450,000 FUND kumEivnAL 6X/YR DOWNTOWN DAILY DRAINAGE SAN ANTONIO IN-HOUSE ARTERIALS 4X/YR 7,524 1,700,000 UTILITY RESIDENTIAL 2)qYR IN-HOUSE MAJOR THOROUGHFARES WEEKLY 160 753,559 604ERAL HOUSTON CONTRACT ARTERIALS MONTHLY 1,554 312,000 FUND 1,065,559 CORPUS DOWNTOWN WEEKLY WATER CHRISTI CONTRACT ARTERIALS MONTHLY 263 123,850 FUND rXDOT MONTHLY ENTERTAINMENT DISTRICT WKLY/SEASONAL 54 $ 18,000 GENERAL ,,..ARLINGTON. CONTRACT .,RESIDENTIAL..,., .,.,..ANNUALLY., 1,544 $ 85,680 FUND TWE CURB MILES FREQUENCY CONTRACT COST PERMILE TOTAL COST WK MO QTRI I YR DOWNTOWN 150 46.75 X _ $ 39.50 $ 12.00_ $ 29,172.00 NORTH BEACH 1 000 2.08 X $ 39.50 $ 12.00 "-Mis figure is an estimate from present contractor. ARTERIAL11 S 180.28 X $ 18.50 $ 40,022.16 TXDOT 33.9 X _ $ 19.50 $ 7,932.60 RESIDENTIAL 1826 X $ 16.00 $ 350 592.00 TWE HOURS CONTRACT COST PER HOUR TOTAL COST SPECIAL EVENTS 150 $ 39.50 $ 5,925.00 STREETS EAL COAT CLEAN-UP OPERATIONS 1 000 $ 39.50 $ 39,500.00 "-Mis figure is an estimate from present contractor. TOTAL CONTRACT: $ 474,441.68 TYPE CURB MILES FREQUENCY CONTRACT COST PER MILE TOTAL COST WK MO QTRI I YR DOWNTOWN 46.75 X .. $ ....12.00 $ 29,172.00 NORTH BEACH 2.08 X $ 12.00 $ 1,297.92 ARTERIALS 180.28 X $ 18.50 $ 40,022.16 TXDOT 33.9 X... $ .....19.50 $ 7,932.60 RESIDENTIAL 1826 X_ $ 20.00 11 $ 146080.00 CONTRACT COST TOTAL TYPE HOURS PER HOUR COST i SPECIAL EVENTS 150 $ 3 9. 50 $ 5,925.00 i i STREET SEAL„COAT CLEAN-UP OPE1.RATIONS 1 000 $ 39.50 $ 39,500.00 "This figure is an estimate from present contractor. TOTAL CONTRACT: $ 269,929.68 CURB FREQUENCY COCORACT TOTAL DOWNTOWN 1 46.75 1 X I I I 1 11$ 12.00 1 $ 29172.00 NORTH BEACH 2.08 X $ 12.00 $ 1,297.92 ARTERIALS 180.28 X $ 18.50 $ 40,022.1 6 TXDOT 33.9 X $ 19.50 $ 7,932.60 RESIDENTIAL 1826 X $ 38.00 $ 69.388.00 CONTRACT COST TOTAL TYPE HOURS PER HOUR COST SPECIAL EVENTS 150 $ 39.50 $ 5,925.00 1 CLEAN-UP OPERATIONS AT I( 1,0001 1 1 1 1$ 39.50 1$ 39,500.00 "This figure is an estimate from present contractor. TOTAL CONTRACT: $ 193,237,68 SERVICE LEVEL FREQUENCY ANNUALAPPROXIMATE COAT ...CURRENT.. CURRENT + OPTION 1 DOWNTOWN WEEKLY CURRENT+ RESIDENTIAL QUARTER I LY NORTH BEACH WEEKLY 269,929.68] ARTERIALS MONTHLY 123,627.68 TXDOT MONTHLY .1. CURRENT + 1 0 .1 P TlbN31 SPECIAL EVENTS HOURLY SEAL COAT OPERATIONS HOURLY CURRENT + RESIDENTIAL MON THL 474,441.68 CURRENT + OPTION CURRENT+ RESIDENTIAL QUARTER I LY 269,929.68] .1. CURRENT + 1 0 .1 P TlbN31 I CURRENT+ RESIDENTIAL YEARLY 193,237.68�