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Home My WebLink AboutAgenda Packet City Council - 01/25/2000CITY STAFF BOOK (UNBOUND) DO NOT REMOVE COUNCIL AGENDA City of Corpus Christi January 25, 2000 SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 25, 2000 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, 551.043 of the following addition to the agenda of the City Council to be considered at the above meeting: EXECUTIVE SESSION Planned Closed Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.071 regarding Five Citizens of Corpus Christi, Petitioners vs. City of Corpus Christi, City Manager, and Chief Disbursing Officer, Respondents, No. 00-275-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. POSTING STATEMENT: This supplement agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 0 p.m., January 21. —12000. Armando Chapa City Secretary 1:45 p.m. Proclamation declaring January 31 - February 4, 2000 as National Catholic Schools Week AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 25, 2000 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council 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 ingl6s es limitado, habr8 un int6rprete ingl6s-espahol an todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Albert Schubert, Lord of Life Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison John Longoria Betty Jean Longoria E. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa 1. Approval of Regular Meeting of January 18, 2000. (Attachment # 1) Agenda Regular Council Meeting ,_January 25, 2000 `age 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Planned Executive Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.071 regarding Public Utility Commission of Texas Docket No. 21934, application of Central Power and Light Company for fuel surcharge and increase in fuel factor, and regarding Public Utility Commission projects and dockets implementing Senate Bill 7, 1999 Legislature, comprehensive electric utility deregulation. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107" District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Maurice Tullos v. City of Corpus Christi, No. C-99- 096, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive Session pursuant to Texas Government Code Section 551.071 regarding June Shultz v. City of Corpus Christi, No. C-99-096, United States District Court, Southern District of Texas, Corpus Christi Division with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) Agenda Regular Council Meeting January25, 2000 page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) H. PRESENTATIONS: Public comment will not be solicited on Presentation items. Overview of FY99-00 Budget and Five -Year Forecast. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO TH REE MI NUTES. 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 yoursubject, please present it to the City Secretary) Si usted se dirige a la junta y cree que su ingl6s es limitado, habriJ un int€rprete ingl6s-espanol en la reuniBn de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without tieing discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Agenda Regular Council Meeting January 25, 2000 age 4 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 Starcrete Products, Robstown, Texas, for approximately 1,100 bags of Portland Type I Cement, 1,600 bags of Mortar Mix, and 3,500 bags of Concrete Mix in accordance with Bid Invitation No. BI -0050-00 based on low bid for an estimated annual expenditure of $17,755. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. These items will be purchased for Warehouse Inventory and charged out to various using departments throughout the City. Funds have been budgeted in the FY99-00. (Attachment # 2) Motion approving a supply agreement with Borden Milk Products L.L.C., Austin, Texas in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-2, for 118,537 half-pint containers of milk consisting of homogenized milk, buttermilk, low fat milk, low fat chocolate milk and skim milk, based on the recommended award submitted by the Coastal Bend Council of Governments for an estimated six month expenditure of $20,903.17. The term of the agreement 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 supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY99-00. (Attachment # 3) 4.a. Ordinance appropriating $349,943.50 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase slope mowers; amending the FY99-00 Budget, adopted by Ordinance No. 023702, by increasing appropriations by $349,943.50 in the No. 5110 Maintenance Service Fund. (Attachment # 4) 4.b. Motion approving the purchase of five slope mowers from H & V Equipment Services, Inc., Corpus Christi, Texas for $349,943.50 based on sole source. The mowers will be used by the Storm Water Department. Two units are replacements and three are additions to the fleet. (Attachment # 4) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 25, 2000 `ie5 5. Motion approving a maintenance agreement with Medtronic Physio - Control Corporation, Redmond, Washington, based on sole source, for testing and calibrating automatic external defibrillators for the Fire Department -EMS. The term of the agreement is twelve months; the amount is $20,234.40. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract with J. M. Davidson, Inc. for a total fee not to exceed $320,254 for the Storm Surge Protection Gate Rehabilitation/Replacement Project. (Attachment # 6) 7. Motion authorizing the acquisition of Parcel No. 16B, located east of FM763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane, for $211,338 in connection with the Corpus Christi International Airport Land Acquisition project. (Attachment # 7) Motion authorizing the payment of the Special Commissioners' condemnation award of $70,000 for acquisition of Parcel No. 32 located on Ennis Joslin Road between Carson Street and the Alameda/Ennis Joslin intersection in connection with the Spur 3, Phase 2 Improvements project. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CCTV) system for the Terminal Reconstruction project at Corpus Christi International Airport. (Attachment # 9) 10.a. Motion accepting a grant in the amount of $100,000 from the Department of Justice Office of Justice Programs, State and Local Domestic Preparedness for the Municipal Agency Domestic Preparedness Equipment Support Programs to purchase specialized response equipment. (Attachment # 10) 10.b. Ordinance increasing revenues and appropriating $100,000 from the U.S. Department of Justice, Office of Justice Programs, State and Local, Domestic Preparedness, in the No. 1050 Federal/State Grants Fund for the Municipal Agency Domestic Preparedness Equipment Support Program. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) En C1 Agenda Regular Council Meeting January 25, 2000 "'age 6 11.a. Motion authorizing the City Manager to execute Attachment NO.6 to Contract No. 74600005741-2000 with the Texas Department of Health in the amount of $82,840 to provide immunization services. (Attachment # 11) 11.b. Ordinance appropriating a grantfrom the Texas Department of Health in the amount of $82,840 in the No.1 050 Federal/State Grants Fund to fund immunization services. (Attachment # 11) 12.a. Ordinance authorizing the City Manager or his designee to execute a one year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Caranchua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street in consideration of the payment of $235 in rent. (Attachment # 12) 12.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Caranchua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street in consideration of the payment of $940 in rent for the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. (Attachment # 12) 13. Second 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. (First Reading - 1-18-00) (Attachment # 13) L. PUBLIC HEARINGS: ZONING TEXT AMENDMENT: 14. First Reading Ordinance - Amending the Zoning Ordinance by defining farmers market and farmers market retail sales area and allowing the farmers market retail sales area in the "B-3" Business Districts and "B-4" General Business Districts; amending the CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 25, 2000 Oage 7 Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. (Attachment # 14) 15.a. First Reading Ordinance - Amending the Southside Area Development Plan, an element of the City's Comprehensive Plan; by amending the policy statements to include new statements B.9, B.1 0, B.11, C.5, 0.12 & 0.13 relating to recommended land uses. traffic calming devices, park improvements, and increased code enforcement; and by amending the future land use map. (Attachment # 15) 15.b. First Reading Ordinance - Amending the Zoning Ordinance by adding Article 12A, "B-1" Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the "B-1A" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B-1A" to the districts eligible for height modifications in Section 27-2.02; and by amending Article 27B; Landscape Requirements by amending Section 27B-7 Street Yards by adding B- 1A to the zones listed in Paragraph B of Section 27B-7.01. (Attachment # 15) ZONING CASES: 16. Case No. 1299-2. Jonnv Salomonsen: A change of zoning from an "R-1 B" One-family Dwelling District to a "T-1 B" Manufactured Home Park District on Flour Bluff and Encinal Farm and Garden Tracts, Section 52, being 8.01 acres out of Lot 17, located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard. (Attachment # 16) Plannina Commission's and Staff's Recommendation: Denial of the requested "T-1 B" District, and in lieu thereof, approval of a "T-1 C" Manufactured Home Subdivision District. ORDINANCE Amending the Zoning Ordinance upon application by Jonny Salomonsen, by changing the zoning map in reference to 8.01 acres out of Lot 17, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One-family Dwelling District to "T-1 C" Manufactured Home Subdivision District; amending the CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 25, 2000 'age 8 Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 17. Case No. 1299-7. Jack Younoblood dba Natalie's Caterino: A change of zoning from an "AT' Apartment Tourist District with a Special Permit to a "B-1" Neighborhood Business District on Seaside Subdivision, Block 5, Lot 1, located on the west side of Ocean Drive, approximately 750 feet north of Airline Road. (Attachment # 17) Plan nino Commission's and Staff's Recommendation: Denial of the requested "B-1" District, and in lieu thereof, approval of a Special Permit for a catering business and other commercial uses subject to five conditions. ORDINANCE Amending the Zoning Ordinance upon application by Jack Youngblood, d.b.a. Natalie's Catering, by granting a Special Permittor a food catering business and other commercial uses subject to five conditions on Lot 1, Block 5, Seaside Subdivision (currently zoned "AT" Apartment Tourist District with a Special Permit for specified commercial uses); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. M. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 18.a. Resolution authorizing intervention of the City of Corpus Christi in Public Utility Commission of Texas Docket No. 21934, application of Central Power and Light Company for fuel surcharge and increase in fuel factor, and related proceedings. (Attachment # 18) 18.b. Update on Public Utility Commission electric deregulation projects and proceedings. (Attachment # 18) 18.c. Motion authorizing the City Manager or his designee to employ Geoffrey Gay and the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P. C. to advise and represent City interests with respect to electric deregulation projects and proceedings at the Public Utility Commission and with respect to telecommunications regulatory CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 25, 2000 Oage 9 and franchise matters at the rate of $200 per hour, subject to appropriation. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Convention and Visitor's Bureau (CVB) whereby the CVB will promote convention and visitor activity in the Corpus Christi Bay area for an annual payment based on the level of hotellmotel tax receipts. The term of the agreement is January 1, 2000 through July 31, 2005. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for annual fee of $375,000. The term of the agreement is January 1,2000 through July 3, 2000. (Attachment # 20) 21. First Reading Ordinance - Authorizing the City Manager or his designee, to execute a five year lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the Breakwater, and the Bay, and a portion of the adjacent beach, as shown on the attached exhibit A, in consideration of the museum paying $1 per year, in advance. (Attachment # 21) 22. Motion approving staff recommendations on Disparity Study findings. (Attachment # 22) 23. Motion authorizing the naming of the area between the old County Courthouse and the new Federal Courthouse, Sister Cities Parkway. (Attachment # 23) 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 25, 2000 'age 10 24. CITY MANAGER'S REPORT * Upcoming Items 25. MAYOR'S UPDATE 26. 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 1:00 p.m., January 21 .2000. l~uj/1r1 {"vi c ~iiO J7(0 Armando Chapa / { City Secretary 1. J NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 5:00 p.m. on the Friday before regularly scheduled council meetings. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) City Council Priority Issues 11 Improvement in Delivery of Basic Services - Trash, Brush & Debris I{~ Improvement in Delivery of Basic Services - Street & Road Maintenance ~ Improvement in Delivery of Basic Services - Park Maintenance a Improvement in Delivery of Basic Services - Animal Control 'ifffilfr\' ;;;;;;0 Improvement in Delivery of Basic Services - Quality Water ~ '" Improvement in Delivery of Basic Services - Lighting .. Expansion of the Bayfront Plaza Convention Center ~., Capital Improvements Bond Issue - - . - Successful Implementation of Crime Control District Objectives M~ $ L- ~: :, .... ",:, ...... , +, Community Oriented Policing Economic Development Plan Storm Water UtilitylDrainage Completion of Airport Improvements &,,::;:9~<l!I Assessment of Street Needs (Planned Street Program) ~ Northside Plan i i ' '--J ,. Additional Golf Course It Youth Crime Initiatives _ Environmental Compliance I-\) CDBG Funding Assessment $ill Privatizing Services ~ Improvement of Citizen Response System I Creation of a "Development Center" iJ'i'~ Residential Communities Involved in Park Development [:r~: Bayfront Development Plan 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 18,2000 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Mark Scott Council Members: Melody Cooper* Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Ci1y Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelie P. Ramon ABSENT Javier D. Colmenero John Longoria Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. John Everett, Apostolic Church of Corpus Christi, foliowing which the Pledge of Aliegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa calied the roli and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 11,2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * The first item on the agenda was a special presentation regarding the U.S. Department of Housing and Urban Development (HUD) and the Homeless Issues Partnership. Mayor Neal introduced Mr. John Maldonado, ofthe HUD office in San Antonio, who asked those involved in the partnership to join him at the front of the Council Chambers. He explained that a check in the total amount of$I,397,762 was being presented to the foliowing organizations which make up the Homeless Issues Partnership: Dos Mundos Day School, $269,942; Goodwili Industries of South Texas, $345,488; Salvation Army, $242,458; Dos Mundos Day School Inc., $272,968; and Coastal Bend Alcohol and Drug Rehab Center, $266,906. *Council Member Cooper arrived at 2:06 p.m. The next special presentation was made by Ms. Char Beltran, CEO of the Convention and Visitors Bureau. She showed a video describing Grupo Televisa, the largest Spanish-language media company in the world, which is helping to promote Corpus Christi. The video also included portions Minutes Regular Council Meeting January 18,2000 Page 2 of a televised special held in Mexico to promote Televisa's program, "Amigos X Siempre." Mayor Neal, City Manager Garcia, and Ms. Beltran attended the event and the Mayor addressed the audience, describing the partnership between the City of Corpus Christi and Televisa. Once the video concluded, the Mayor pointed out that the program is simulcast and dubbed allover the world, including Russia, China, and Israel, which increases people's awareness of Corpus Christi. ************* Mayor Neal called for petitions from the audience. Ms. Tammy Bois, 633 Jester, introduced her son, Jimmy, who was hit by a car while crossing NAS Drive to go to a pier across the street. Ms. Bois said a traffic light had existed in that area but it was taken down. Mayor Neal said they will have the city's Traffic Engineering Department consider the Bois's concerns. He noted that that traffic signal was removed because it impeded the flow of traffic to NAS Corpus Christi, which is very heavy during certain times of the day. Mr. J.E. O'Brien, 4130 Pompano, said the Council's recent implementation of the "Cash for Trash" program has helped economic development, helped to clean up the city, and helped to publicize Corpus Christi. He distributed copies of an article that was published in the New York Times about the "Cash for Trash" program. Mr. Leon Perez, 904 Buford, questioned expenses for repairing Regional Transportation Authority buses. Mayor Neal replied that the city does not oversee the administration of the s..TA. Mr. Jack Ussery, 6234 Norchester, said it is time for the purple martins to return to Corpus Christi, and he distributed copies of plans for building houses for the birds. He said people can pick up copies of the plans at the Gulf Coast Humane Society. Mr. Phillip Lara, 538 Indiana, asked the Council to form a committee to only be responsible for overseeing the People's Street T-Head. He said there are issues that need to be resolved. Mayor Neal asked ifhe had met with the Water/Shore Advisory Committee, and Mr. Lara said they had met with the committee but those members have other issues they need to address and the T-Head has its own unique concerns. The Mayor said he thought they should work within the existing system and he encouraged Park staff and the WaterlShore Advisory Committee to meet with Mr. Lara again. City Manager Garcia further explained the responsibilities of the committee. * ... ... ... * ... * ... ... * * * * Mayor Neal called for consideration of the consent agenda (Items 2-9). Council members requested that Item 5 be withheld for discussion. There were no comments from the audience. City Secretary Chapa said the Council had been notified of a clerical error on Item 5.c. A motion was made, seconded and passed to amend Item 5.c. to substitute "AT&T Broadband Cable Services" for "ClearSource Inc." Mr. Chapa then polled the Council for their votes and the following were passed: 2 Minutes Regular Council Meeting January 18,2000 Page 3 2. M2000-0I3 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 FY99-00 budget. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 3. M2000-014 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. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 4. RESOLUTION NO. 023913 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. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 6. ORDINANCE NO. 023915 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 3 Minutes Regular Council Meeting January 18,2000 Page 4 7. ORDINANCE NO. 023916 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 ofa 5-foot wide utility easement out of Lots IA 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and 1. Longoria absent. 8.a. M2000-017 Motion to amend ordinance prior to second reading by incorporating Amendment No. I allowing for relocation ofBuc Days to new festival area. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 8.b. ORDINANCE NO. 023917 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. The foregoing ordinance passed on second reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and 1. Longoria absent. 9. ORDINANCE NO. 023918 Amending the City Code of Ordinances Chapter 35, Oil and Gas Well Division to increase 4 Minutes Regular Council Meeting January 18,2000 Page 5 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. The foregoing ordinance passed on second reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, franchise renewal request by AT&T Broadband Cable Services. Responding to Council Member Kinnison, City Attorney Bray replied that the franchise agreements for AT&T and ClearSource Inc. are generally consistent but each one was negotiated and differ somewhat. He explained that this proposal involves an additional I % franchise fee that the city would be receiving from AT&T before the end of the present franchise (which is 4%) that the city otherwise would not be receiving. He said they anticipate completing the negotiations for the new franchise with AT&T (which includes the new 5% franchise fee) by October 2000, whereas the old 4% franchise would nul through April 200 I. City Secretary Chapa polled the Council for their votes: 5.a. M2000-015 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. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 5.b. ORDINANCE NO. 023914 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. 5 Minutes Regular Council Meeting January 18,2000 Page 6 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 5.c. M2000-016 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 AT&T Broadband Cable Services. The foregoing motion passed, as amended, by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following 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 Home Road, approximately 150 feet west of Ayers Street. City Secretary Chapa said the Planning Commission recommended 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. He said the staff recommended denial of the requested "1-2" District. Mr. Michael Gururing, Director of Planning and Development, described the requested zoning change. He explained that the subject property fronts on Home Road, which is designated as an arterial. All of the property along Home Road in that area is zoned "B-4" and developed with retail conunercial uses. He said the applicant currently has outside storage of tires and he has been given a notice of a zoning ordinance violation. Mr. Gururing said staff believes that an outside storage use should not be permitted in that area and if it is, it could have a "domino" effect east and west of the property along Home Road. He added that there was no opposition from the adjoining property owners. Mayor Neal asked why it has taken since 1994 for this property to be brought before the Council for a zoning change. Mr. Gunning replied that he could not give a definite answer, although he is aware that zoning violation notices involve an extended process. Mr. Tony Banuelos, representing the applicant, said they have a family-owned business and have been located on the subject property since 1985. He said he does not know about the previous 6 Minutes Regular Council Meeting January 18,2000 Page 7 zoning violations, but they responded to the violation issued in 1999. He said they have two other locations for their business and they are planning to build a warehouse in the future. Responding to Council Member Garrett, Mr. Gunning said if the Council granted the "1-2" district there are many other uses that could be allowed as a matter of right that would be inconsistent with some of the development in the area. He said a special permit would allow the applicant's outside storage use to continue. Mr. Garrett asked Mr. Banuelos if they were in agreement with the special permit, and he replied affirmatively. Council Member Gonzales spoke in support of the applicant. Council Member Scott made a motion to close the public hearing, seconded by Council Member Kinnison, and passed. Mr. Kinnison then made a motion to adopt the ordinance on page 98 in the support material regarding the Planning Commission's recommendation, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 023919 Amending the Zoning Ordinance, upon application by Manuel Banuelos, in reference to Harland Industrial Sites Annex No. I, currently zoned "B4" General Business District, by granting a special permit for outside storage on said property, subject to a site plan and six (6) conditions; 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, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, loan for the JFK Causeway project. There were no comments from the audience. Responding to Council Member Gonzales, City Manager Garcia said the total cost for elevating the JFK Causeway is $45 million, which is being paid by four different entities: state of Texas (through the Texas Department of Transportation)-$23.3 million; Metropolitan Planning Organization-$I3.7 million; City of Corpus Christi-$4 million; and Nueces County-$4 million. He said the city applied to the State Infrastructure Bank (SIB) for its portion of the local match, which was approved at an interest rate of 4.5% with repayment on the principal deferred until FY 2006-07. Replying to Council Member Scott, Mr. Angel Escobar, Director of Engineering Services, said TXDOT will be responsible for that project. He said construction should begin in spring 2001 and be completed in mid-2004. Ms. Mary Sullivan, Director of Finance, added that the first interest payment would not be until the city's fiscal year ending 2002. 7 Minutes Regular Council Meeting January 18, 2000 Page 8 Council Member Kinnison asked about $400,000 that was set aside in this year's budget for this project. Ms. Sullivan explained that the $400,000 was originally set aside for the $4 million in certificates of obligation to finish the 1986 bond projects, with any excess to be used for the SIB loan. Mr. Kinnison said that was a one-year commitment, and Mr. Garcia said every commitment is for one year but the city has to meet its obligations. Mr. Garcia said the loan document with the state only contains the city's interest and principal payments. City Secretary Chapa polled the Council for their votes as follows: lI.a. RESOLUTION NO. 023920 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 or his designee to execute the necessary documents. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 11.b. RESOLUTION NO. 023921 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. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, Padre Island pumping plant. There were no comments from the audience. Council Member Scott asked when this project will be completed. Mr. Escobar said the tank, pumps and piping necessary to increase the water pressure on Padre Island will be functional this summer. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023922 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and 8 Minutes Regular Council Meeting January 18,2000 Page 9 J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, Fair Housing Program. There were no comments from the audience. Dr. Helen Gurley, Director of Human Relations, said the substance of the original ordinance has not changed although these proposed changes are necessary to allow the city to enter into a work share relationship with HUD. She added that the Human Relations Commission has reviewed the proposal and concurs. City Secretary Chapa polled the Council for their votes as follows: B.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. The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 13.b. M2000-018 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 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 Manager to continue with the preliminary agreement for up to a three-year period and thereafter establish annual Housing and Urban Development work sharing agreements. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was the quarterly update on the Wesley Seale Dam stabilization project. Dr. Ron Waters reported that they are six months into the project, which is 23% complete in terms of the ballast on the north spillway. He said no ballast has been placed in the south spillway yet 9 Minutes Regular Council Meeting January 18,2000 Page 10 because it has to be stabilized with anchors before the water can be drained out. He said the contractor is proceeding with great speed and precision and he is within budget. He said completion is expected in the summer of2001. Dr. Waters said they have not found any unexpected problems with the dam. Mayor Neal asked if there will be a time prior to completion of the project that the lake elevation can be raised above the current level of91 feet. Dr. Waters said the critical factor is when the ballast can be placed in the south spillway. * * * * * * * * * * * * * The second presentation was regarding the arts subgrant process and allocation of hotel/motel tax to the arts. Mr. Dan Whitworth, Assistant Director of Park and Recreation, explained that the art grant program provides seed money to non-profit arts and cultural organizations for the purpose of developing performing and visual art programs for the community. He said the program began in 1980 and included funding from hotel tax revenues and a three-year start up grant from the National Endowment for the Arts (NEA). Since then funding has come from the Texas Commission on the Arts (TCA) along with a combination of General Fund and hotel tax revenues. Mr. Whitworth said the art grant program began with $115,000 of hotel tax revenue; at that time the city's total hotel tax revenues were approximately $976,000. Today the funding for the arts subgrant program from hotel/motel tax revenues is about $126,500 and the overall hotel/motel tax revenue is almost $5 million. He also discussed art grant funding in other Texas cities. Mr. Whitworth pointed out that in FY 1999-2000, arts funding in Corpus Christi consists of line item funding in the total amount of $296,000 and arts grant program funding in the total amount of $126,500. The following organizations receive funding through budget line items: Texas Jazz Festival, Art Museum of South Texas, Asian Cultures Museum, Antonio Garcia Education Center, Art Center of Corpus Christi, Corpus Christi Symphony, and Harbor Playhouse. In addition, the arts grant program funded 17 nonprofit organizations this fiscal year. The Assistant Director went on to say that the art grant process was developed in the mid- 1980s by the Arts and Cultural Commission (ACC)--formerly the Municipal Arts Commission. It was modeled after the same grant review process used by the NEA and the TeA and it includes a peer review process, which he explained. He also reviewed the timeline for this year's process. He noted that the peer panel's recommendation is based on the organization's artistic merit, value to the community, and financial ability of the applicant to match the grant. Mr. Whitworth described the following options for arts funding: continue the 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 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 10 Minutes Regular Council Meeting January 18, 2000 Page 11 arts organizations in their quest for corporate funding. Responding to Mayor Neal, Mr. Garcia said he thinks the city has a process that works in that it takes many competing, worthy interests and allocates scarce resources. eouncil Member Betty Jean Longoria discussed the Texas Jazz Festival and the importance of tourism associated with it. Mr. Garcia said part of the difficulty with the Jazz Festival is that they have not filed the grant applications that the city requires as part of the process. Mr. Tony eisneros, Director of Park and Recreation, said the funding for the Jazz Festival is now a line item in the budget which the Council will have to approve each year. Mr. Garcia explained that there is a competitive process for art funding and an entitlement process. Council Member Gonzales said he thought they needed to examine the process to see if it needs to be changed and to generate new ideas. Mr. Whitworth said staff is examining how they can make changes to the process. Council Member Kinnison said smaller organizations are not benefiting as much from the process, and he suggested that the Council consider dedicating a portion of the increase of the hotel/motel tax to the subgrant process. He also expressed concern that some of the arts organizations which receive line item funding are also involved in the subgrant process. Mr. Chuck Anastos, Chairman of the Aee, said the line item funding can only be used toward operations and maintenance of a facility used by the art organization; the sub grant process is used for funding particular arts programs. Mr. Whitworth said there are two exceptions: the Texas Jazz Festival and the C.C. Symphony both utilize their line item funding for performances. Council Member Scott suggested that at some point the arts organizations that receive public funds should be required to provide something to the public at no charge. Dr. Gonzales commented on the importance of a community maintaining an interest in the arts, particularly the symphony. Mr. Anastos suggested that if the arts were to receive additional funds from the hotel/motel tax, a fund could be established that makes additional grants after the sub grant process is completed to the organization which received the least amount of funds on up in reverse order. * * * * * * * * * * * * * Mayor Neal called for a brief recess. * * * * * * * * * * * * * The third presentation was about the Solid Waste Services' automated collection pilot program. Mr. Andy Leal, Director of Solid Waste Services, said that last March staff made a presentation to the Council about the automated garbage collection. Some of the reasons they gave for considering such a program include the need to replace some of the department's equipment; potential for cost control and cost reduction; the potential for a reduction in labor requirements; safety issues, including a reduction in injuries; and cleaner neighborhoods. He said further discussions about the automated program were held during the budget process and $80,000 was 11 Minutes Regular Council Meeting January 18, 2000 Page 12 included in the Solid Waste budget for a pilot program. Mr. Lawrence Mikolajczyk, Assistant Director of Solid Waste Services, explained that the automated trucks will use a single operator and the program will utilize five different types of 96- gallon trash containers. He said there will be no change in the garbage pick up schedules throughout the pilot period, which begins in March 2000 and concludes at the end of June 2000. The four pilot areas are Calallen, mid-town, King's Crossing, and Padre Island, which he described using maps. He said they chose those four different areas because they offer different challenges. Mr. Mikolajczyk also described the communication strategies that staff has been utilizing, including mailing letters to the residents in the pilot areas; delivering informational flyers with the garbage containers; meeting with residents at town hall meetings and neighborhood associations; sending out media releases and holding news conferences; and establishing a customer service telephone line. Council Member Kinnison asked about customers who cannot push the large garbage containers to the street. Mr. Mikolajczyk replied that there is a process whereby the customer would contact Human Resources and obtain an agreement from their doctor that they cannot manuever the container. The operator is then notified and retrieves the container himself. Mr. Leal commented that the pilot neighborhoods have been receptive to the program thus far. * * * * * * * * * * * * * The fourth presentation was regarding enhanced service levels for street sweeping. Ms. Valerie Gray, Stormwater Superintendent, explained that prior to 1989 street sweeping was performed by staff in the Street Department and then it became the responsibility of Solid Waste Services. In 1993, the city contracted out street sweeping services to Coastal Sweeping Services with funding from Solid Waste Services. Coastal was awarded the contract again in 1995 while Bentex Services Inc. received the contract in 1997. In FY 1998-99, the street sweeping function was transferred to the Stormwater Department. Ms. Gray said that street sweeping is a "best management practice" for pollution prevention, and the city's NPDES permit committed to the existing level of street sweeping services for the permit term. She noted that the present contract, which expires in June 2000, calls for weekly sweeping of the downtown and North Beach areas and monthly sweeping of street arterials and some state-maintained highways; it does not include residential streets. The total contract amount is $123,849. Ms. Gray also reviewed street sweeping contracts in other Texas cities. Ms. Gray then discussed options for enhanced service levels: Option 1 would include current services as well as the sweeping of residential streets on a monthly basis, which would increase the contract amount by an estimated $350,592; Option 2 would add residential street sweeping on a quarterly basis at an additional cost of $146,080; Option 3 would add residential street sweeping on an annual basis for an additional $69,388. She said staff is recommending Option 2 (quarterly 12 Minutes Regular Council Meeting January 18,2000 Page 13 residential sweeping), which would require diverting funds from water revenues to the Stormwater budget (one-half of 1%). She said that equates to approximately $1 per year for the average residential water customer. Responding to Council members' questions, Ms. Gray said that only improved streets (those with curbs and gutters) will be sweeped on a contract basis. Mr. Garcia noted that street sweeping also aids in the longevity of street surfaces by preventing grass from growing and deteriorating the base. Council Member Kinnison said the Council should consider this issue as part of the budget process, and he asked about savings that are to be achieved through the reengineering process. Mr. Garcia and Mr. Leal explained that a street sweeping fleet is very expensive to maintain; in addition, residential street sweeping was eliminated from the contract as a cost-cutting measure. With regard to the issue of savings from reengineering, Mr. Garcia said that involves reducing the cost of delivering water to customers, which hopefully will result in a rate reduction. Responding to Council Member Scott, Mr. Garcia and Ms. Sullivan further explained how stormwater services are separated out from the Water Fund and how this proposal would affect the rates. Council Member Gonzales said that street sweeping is another way of picking up trash and he said this proposal should be paid for out of solid waste fees. Mr. Garcia replied that those revenues are currently allocated to the General Fund and without an additional revenue source, the enhanced street sweeping services would have to be funded through cuts in existing programs. Dr. Gonzales asked if the city receives credit from the federal govemment for street sweeping activities. Ms. Gray said it is included in the city's stormwater permit and is part of the management plan. Mr. Kinnison said the city has very healthy utility funds. Mayor Neal said the Council was asking staff for recommendations to modify and improve the street sweeping contract. He said it will be up to the Council to decide how the program will be paid for. Ms. Gray said they can prepare requests for proposals at current street sweeping levels with an additive alternate for quarterly residential street sweeping. The Mayor said if the city does improve its street sweeping services, staff should forward that information to the Texas Natural Resource Conservation Commission. * * * * * * * * * * * * * The fifth presentation was about proposals for the marina administration offices. Mr. eisneros gave a brief history of the location of those offices, which are now located in temporary facilities on the Lawrence Street T-Head. He said discussions about the permanent marina offices have included the possibility oflocating them on a barge, similar to Landry's Restaurant, due to the valuable commodity ofland in the marina. He said there are several types of barges available, which he described, as well as several possible locations in the marina for land-based or barge-based offices. He added that the Water/Shore Advisory Committee had discussed this issue. Responding to Mayor Neal, Mr. Garcia said staff would need to identify a barge that might 13 Minutes Regular Council Meeting January 18,2000 Page 14 serve the city's purposes, determine the cost, and develop a financing package based on certificates of obligation which the Marina Enterprise Fund will address through its own revenues. He said there are several junctures that would require the Council's approval. Mr. Cisneros said staff would need 30 to 60 days to prepare the RFPs. In reply to Council Member Gonzales, Mr. Cisneros said they estimate that the barge facility would cost approximately $400,000, although the amount could be less. Dr. Gonzales said he thought the city could lease office space across the street from the marina. Mr. eisneros described the importance of locating the administration offices in the marina itself to accommodate the day-to- day operations of the marina. Council Member Scott commented on the mixed-use opportunities with a barge facility. Mayor Neal called for a voice vote on a motion to direct staff to move forward with the recommendation of the Water/Shore Advisory Committee and city staff to proceed with the concept of utilizing a barge facility for the marina administration offices. The motion passed by the following vote: Neal, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Gonzales voting "No"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * The sixth presentation was made by Mr. Juan Ortiz regarding the Local Emergency Planning Committee's "Blueprint Call-Down Information Line System." He explained that the blueprint sponsors include the City of Corpus Christi (specifically, the Stevens Water Treatment Plant), Nueces County, the Port of Corpus ehristi Authority, and several refineries (eITGO, Coastal, Celanese, Koch, Equistar, and Valero). Mr. Ortiz said the project will keep the citizens informed in two ways: with a telephone call-down system and with an emergency information line. The telephone call-down system is a warning tool which consists of a 30-second bilingual recorded message that is multi-hazard and multi-tasking. He said the system will be able to make approximately 3,400 calls using 72 lines for incoming and outgoing calls. The emergency information line, which is citizen-initiated, will be able to alleviate calls to the 911 center. Mr. Ortiz added that the project will be operated from the crisis management dispatch at the Police eommunication eenter and it replaces leased call-down services by the Stevens WTP and industries. The blueprint cost estimate is $85,000 and the city and county will be responsible for the operational costs. The city's share for the first year is $14,766 and $20,766 for the second year. The fIrst year of funding is included in the Emergency Management Department's budget for FY 1999- 2000 and future years will be funded with Council approval. Mr. Ortiz said the project will be fully operational by July 2000. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the time of the ground 14 Minutes Regular Council Meeting January 18, 2000 Page 15 breaking ceremony for the Southeast Senior Center has been changed from 11 a.m. to 1 :30 p.m. on January 21st. He also reviewed several items that are scheduled for next week's Council meeting. It was determined that that meeting would begin at noon. Mr. Garcia also referred to information distributed to the Council about the reassignment of Police Commander Bryan Smith to coordinate the Crime Control and Prevention District, and about duck hunting in the city limits. The Mayor asked staff to recommend some dates for the annual Council retreat. Dr. Gonzales requested information on the possibility of developing a nine-hole golf course on the land next to the Oso Golf Course. Mr. Scott asked about a memo concerning Ennis Joslin Road. Mr. Garcia replied that the city budgets the advance funding amount and it is available. Mr. Scott also asked about the status of the condemnation proceedings for Nile Drive. Mr. Escobar said that Nile Drive and Spur 3 are together; the condemnation proceedings are for the Spur 3 element of it. He said there are a total of five condemnations and two have been approved and the last one should be approved in March. Mr. Garrett said the Council had received a letter from the Pan American Golf Association regarding fees. Mr. Cisneros replied that staff has met with representatives of the Pan American Corporation, which he explained. Mr. Garcia said they will review the situation further and try to develop recommendations. Mr. Garrett also asked about the status of the Metrocom. Mr. Garcia said the city and the county have approved different agreements regarding the consolidated dispatch center. He said they are attempting to meet with the county to address how the Metrocom will be administered. Mr. Kinnison said he had received a letter from a senior golfer regarding fees for playing nine holes versus 18 holes. Mrs. Longoria referred to a letter from Ballet Nacional. Mr. Garcia said there were many misrepresentations in their letter. He said part of the reason staff included a history of art grant funding in their presentation that day was to reflect the variety of organizations that the city has funded, including the Ballet Nacional for the last three years. Mr. Garcia said the Ballet Nacional wants a building in Heritage Park and while their organization is very worthy, the city does not have the resources to meet all the demands and they are trying to be fair to all the arts organizations. Mayor Neal announced the executive session, pursuant to Texas Govemment Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas eorporation et al, No. 96-12- 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. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6: 1 0 p.m. on January 18, 2000. 15 2 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Starcrete Products, Robstown, Texas, for approximately 1,100 bags of Portland Type I Cement, 1,600 bags of Mortar Mix, and 3,500 bags of concrete Mix in accordance with Bid Invitation No. BI-0050-00 based on low bid for an estimated annual expenditure of $17,755. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. These items will be purchased for Warehouse Inventory and charged out to various using departments throughout the City. Funds have been budgeted in FY 99-00. ............................................................................ BACKGROUND: Purpose: The material will be used by the Street Services, Water, Wastewater, and Traffic Engineering Departments for curbs and gutters, meter box vauhs and setting sign posts. These items will be purchased into Warehouse Inventory and charged out to the using departments. Previous Contract: The option to extend the current contract has been exercised, requiring new bids to be received. Bid invitations Issued: Ten Bids Received: Two Price Analysis: Pricing has increased by 7% since the last contract of January 1998. Award Basis: Low Bid Funding: Activitv Name Warehouse Inventory Budgeted Amount $18,000 --- Michael Barrera, . P. M. Acting Director of Materials Management 17 CIlY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0050-00 Portland Type I Cement, Mortar Mix Concrete Mix BUYER: ESTHER C. BARRERA BID ITEM DESCRIPTION Starcrete Products Robstown Tx. Unit Total OTY UNIT Price Price 1 Portland Cement 1100 Bag Type 1- 94#/Bag 2 Mortar Mix 60# /Bag 1600 Bag 3 Concrete Mix 3500 Bag 8O#/Bag Total $5.20 $5,720.00 2.60 4,160.00 2.25 7,875.00 $17,755.00 18 Shepler's Corpus Christi, Tx. Unit Total Price Price $6.25 $6,875.00 3.50 5,600.00 3.00 10,500.00 $22,975.00 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Borden Milk Products LLC, Austin, TX., in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-2, for 118,537 half-pint containers of milk consisting of homogenized milk, buttermilk, low fut milk, low fut chocolate milk and skim milk, based on the recommended award submitted by the Coastal Bend Council of Governments for an estimated six month expenditure of $20,903.17. The term of the agreement 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 supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY99-2000. **************************************************************************** BACKGROUND: Purpose: These items will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action eorporation of South Texas, Duval County, Bee Community Action Agency, Kleberg County Human Services, Nueces County Community Services (Robstown) and San Patricio Community Action Agency. The recommended award is based on the evaluation and recommendation of participating members of the Coastal Bend Council of Governments. The department concurs with this recommendation. Funding: Senior Community Services ENP 520070-1050-810800-00 ENP-USDA 520070-1050-810900-00 MOW 520070-1050-810500-00 MOW-USDA 520070-1050-810600-00 $7,734 10,244 1,463 1.463 Total: $20,904 ~1\' ---- MichaelBarrera, C .M. Acting Director, Materials Management 19 Coastal Bend Council of Governments Bid Tabulation CBCOG-OO-2 Milk and Dairy products consisiting of milk, buttermilk, IaN fat milk, IaN fat chocolate milk and skim milk Borden Mil;k Products, LLC Austin, Texas $20,903.17 City Dairy Service Corpus Christi, Texas 24,119.62 20 4 COUNCIL MEMORANDUM RECOMMENDATION: (A) Ordinance appropriating $349,943.50 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY99- 00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $349,943.50 in the No. 5110 Maintenance Service Fund; and declaring an emergency. (B) Motion approving the purchase of five slope mowers from H & V Equipment Services, Inc., Corpus Christi, Texas for $349,943.50 based on sole source. The mowers will be used by the Storm Water Department. Two units are replacements and three are additions to the fleet. ********************************************.***********************************. Purpose: This equipment will be used by the Storm Water Department for mowing drainage ditches throughout the City. The slope mowers are driven along the edge of the topside of the ditch while the operator mows the slope with a boom arm mower. The twenty-eight (28) foot reach of the equipment is required to extend to the bottom side of deep drainage ditches. In March of 1999, the City initiated a pilot program which contracted out approximately 250 acres of major drainage ditches located on the northwest side of the City. The department's total responsibility is approximately 850 acres of major drainage ditches. One objective of the pilot program was to initiate a Citywide Storm Water mowing program that would improve on the overall service provided. The three additions to the fleet will provide the department with the resources required to establish a well- maintained mowing program for those ditches that are not mowed by the contractor. Basis of Award: Sole Source. Alamo Industrial is the only manufacturer of a 28-foot boom arm slope mower. H & V Equipment Services, Inc, Corpus Christi, Texas is the sole authorized Alamo Industrial dealer in Nueces County. Price Comparison: The City purchased two 28-foot boom arm mowers in 1992 at a cost of $40,889 each. New technology in the controls that operate the equipment and enhanced safety features are contributing factors for the price increase. Funding: Maintenance Services 550020-5110-40110 Capital Outlay Item Nos. , PY53, PY54, PY58: PY59 and PY60 . $310,000.00 (1) Capital Outlay Item No. PY 37 36,967.00 (2) Capital Outlay Item No. PY 48 Total: 2.976.50 $349,943.50 21 Funding for these items was originally included in the FY98/99 Capital Outlay. At the end of last fIscal year, monies were placed into the reserve for capital expenditures and are currently available for the purchase ofthis item. (1) Item No. PY37, flatbed crane truck budgeted at $60,000 will not be purchased. Budgeted monies are available to fund additional funds as required. (2) Item No PY48, dovetail trailer budgeted at $12,000 was purchased for $8,798. The difference of$3,202 is available to fund additional funds as required Michael Barrera, .P.M. Acting Director, Materials Management 22 AN ORDINANCE APPROPRIATING $349,943.50 FROM THE RESERVE FOR CAPITAL OUTLAY IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PURCHASE SLOPE MOWERS; AMENDING THE FY 99-00 BUDGET, ADOPTED BY ORDINANCE NO. 023702, BY INCREASING APPROPRIATIONS BY $349,943.50 IN THE NO. 5110 MAINTENANCE SERVICES FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $349,943.50 is appropriated from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase slope mowers SECTION 2. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by adding $349,943.50 to the No. 5110 Maintenance Service Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) fmds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon fIrst reading as an emergency measure this the _ day of , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., MAYOR LEGAL FORM APPROVED 1...0~r".MI'" 'Y ,1999; JAMES R. BRAY,JR., CITY ATTORNEY BY: ~ ; rM.... ,Jo. 0 IJ ~, , J~ Alison Gallaway,/ Assistant eity Attorney H:\LEG~DIR\ VERONICAIALISON\OROOO.800\AGORDOO.815 23 5 AGENDA MEMORANDUM RECOMMENDA nON: Motion approving a maintenance agreement with Medtronic Physio-Cowr<>l Corporation, Redmond, Washington, based on sole source, for testing and calibration' automatic external defibrillators for the Fire Department-EMS. The term of the agreement is twelve months; the amount is $20,234.40. ............................................................................ BACKGROUND: Purpose: The maintenance agreement is for testing and calibrating Lifepak automatic external defibrillators for the Fire Department -EMS. Price Analysis: Pricing has increased approximately 11 % from the last contract of 1998. Award Basis: Sole Source Medtronic Physio-Control Corporation is the manufacturer of the Lifepak series of cardiac defibrillator/monitors and the sole maintenance provider of the equipment. Funding: Activity Name Fire-EMS Organization Number 4680-35100-530230 Budget Amount $13,458 (*) (*) Current funding is available for two (2) quarterly payments for the remainder of FY99/00. Additional funds ~\ ~ will be requested for FYOO/Ol as required. Mich 1 Barrera,'C. P. M. Acting Director of Materials Management 25 6 AGENDA MEMORANDUM DATE: January 20,2000 SUBJECT: Storm Surge Protection Gate Rehabilitation/Replacement (Project #2080) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with J. M Davidson, Inc. for a total fee not to exceed $320,254 for the Storm Surge Protection Gate Rehabilitation/Replacement Project. ISSUE: The existing storm surge protection gates located in the levee providing backwater protection from high tides and storm surges from the ship channel require time-consuming, manual assembly. Replacement of the gates with a new light-weight gate system will shorten the time required to erect the storm surge gates and help ensure the gates are in place. FUNDING: Funds for this project are available in the FY 1999 - 2000 Storm Water Capital Projects Fund. RECOMMENDATION: Staff recommends approval of the motions as presented. ~~ Valerie Gray, P.E. Storm Water Superintendent ~ I 2-0, I . Escobar, P. E., irector of Engineering Services Additional SUDDort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "0" Location Map Storm Surae P~on Gate RehabilitationIReDlacement Page 1 of1 H:\HOME\KEVINS\GEN\STORMWAl\SURGEGA1\AGENDA.MMO 27 BACKGROUND INFORMATION SUBJECT: Storm Surge Protection Gate Rehabilitation/Replacement (Project #2080) PRIOR ADMINISTRATIVE ACTION: 1. October 6 1999 - Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro South, Inc. for a fee not to exceed $2,450. 2. December 8, 1999 - Amendment No.3 to the Contract for Engineering and Consultant Services for the Seawall Inspection Project with Shiner Moseley & Associates, Inc. for a fee not to exceed $14,350. BACKGROUND INFORMATION: An earthen levee provides protection to the City against high tides and storm surges associated with the ship channel. There are five (5) openings in the levee, which exist to facilitate train and vehicular traffic. See Exhibit D. The openings are closed with storm surge gates in advance of the arrival of hurricanes and other storms that threaten to generate high tides or storm surges. The existing storm surge protection gates consist of creosote-treated wood planks positioned on steel I-beams. The gates are stored disassembled in bunkers adjacent to openings in the earthen levee. The gates require manual assembly during preparation for storm surges rising from the Ship Channel. The storm surge gates are typically erected in adverse weather conditions. Components of the gates are heavy and, therefore, present hazards to workers. The current gate design requires that debris and soil be removed from post sockets prior to erecting the gates. Some components of the current gate system are subject to being over stressed by hydrostatic loads from storm surge conditions. Replacement of the gates presents the opportunity to: 1. improve the design of the gates; 2. eliminate the potential of over stressing gate components; and 3. utilize modem lightweight materials. PROJECT DESCRIPTION: The project consists of replacement of five storm surge gates with an improved design using modern lightweight materials. The project requires the installation of new reinforced concrete foundations, new aluminum structural upright posts, temporary timber stoplogs, permanent aluminum stoplogs with tie-down assemblies, pavement repair, and disposal of existing flood gate components. Coordination of track removal and replacement at the Union Pacific railroad crossing will be required during the project. The Union Pacific Railroad Company will perform the track removal and replacement. The contractor will perform the track removal and replacement work at the Corpus Christi Terminal Railroad location. EXHIBIT "A" Page 1 of 2 H:\HOME\KEVINSIGENlSTORMWAT\SURGEGATlAGENDA.BKG 28 Four of the five gates will be worked on simultaneously, as at least one of the two railroad tracks serving the port area will operate continuously. The Broadway location will be closed to vehicles and the traffic detoured while the contractor engages in field work. The Port area will continue to operate in both directions under a restricted speed operation. FUTURE COUNCIL ACTIONS: Agreements with Union Pacific Railroad Company and the Port of Corpus Christi are in preparation which could require Council approval. Those agreements will be presented for Council action if required. The agreements may include: 1. an agreement for Union Pacific Railroad Company will perform the track removal and replacement; and 2. an access agreement with the Port of Corpus Christi Authority. BID INFORMATION: The project consists of a Base Bid. The City received proposals from seven (7) bidders on January 19, 2000. The bids ranged from $320,254 to $688,000. J. M. Davidson, Inc. of Corpus Christi, Texas is the low bidder in the amount of $320,254. J. M. Davidson, Inc. has satisfactorily performed several jobs for the City and is recommended for the contract award of the Base Bid. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by June 9, 2000. Award of the contract at this time will permit the project to be completed prior to the most active part of the 2000 Hurricane season. FUNDING: Funds for this project are available in the FY 1999 - 2000 Storm Water Capital Projects Fund. 29 H:\HOMEIKEVINSIGEN\STORMW A TlSURGEGA nAGENDA.BKG EXHIBIT "An Page 2 of2 STORM SURGE PROTECTION GATE REHABILITATION/REPLACEMENT Project No. 2080 Project Budget January 19, 2000 FUNDS AVAILABLE: Storm Surge Protection Gate Rehabilitation/Replacement (4525-00000-160011 )..... $391,769 FUNDS REQUIRED: Construction (J. M. Davidson, Inc.)............................................................................ Contingencies (1 0% ).................................................................................................. Consultant (Shiner, Moseiey & Associates, Inc.)....................................................... Major Projects....................................... .................. ..... ...... ..................... ...... .............. Construction Inspection.......................... ............................................................ ... ..... Testing (Fugro South, Inc.)..... ............. ........ .......... ...... ................ ........... ...... .............. Administrative Reimbursements................................................................................. Printing, Advertising, Fed Ex, ete....... .................................................. ...... ....... ........... Total............................................................................................................................ H:IHOMEIVELMARIGENIDRAINAGE\2080IBUDGET. WB2 30 $320,254 32,025 14,350 8,500 9,608 2,450 2.082 2,500 $391,769 II EXHIBIT "B" i Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services ENGINEER'S ESTIMATE: $400,000.00 DATE: Wednesday, January 19, 2000 TIME OF COMPLETION: 120 Calendar Days Page 1 of 3 Storm Surge Protection Gate Rehabilitation/Replacement Project No. 2080 J. M. Davidson, Inc. P. O. Box 4639 C. C. , TX 78469-4639 Stoll Comex Seaway 900 Town & Country Lane Houston, TX 77024 Bracco Construction Company P. O. Box 7067 C.C., TX 78467 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project; at the locations set out by the plans and specifi- cations and in strict accordance with the contract documents for the following prices to wit: Storm Surge Protection Gate Rehabil- itation/Replacement. TOTAL BASE BID: $320,254.00 $376,150.00 $390,000.00 H:WOME VELMAR�GEMDRAINAGE'2080\BIDTAB.WB2 w DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services ENGINEER'S ESTIMATE: $400,000.00 DATE: Wednesday, January 19, 2000 TIME OF COMPLETION: 120 Calendar Days Paqe 2 of 3 Storm Surge Protection Gate Rehabilitation/Replacement Project No. 2080 H & S Constructors, Inc. P. O. Box 9014 C. C. , TX 78469-9014 Mid -Gulf Industrial, Inc. 12550 Fuqua Houston, TX 77034 C. C. Carlton Industries, Inc. 612 Brazos, Suite 210 Austin, TX 78701 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project; at the locations set out by the plans and specifi- cations and in strict accordance with the contract documents for the following prices to wit: Storm Surge Protection Gate Rehabil- itation/Replacement. TOTAL BASE BID: $416,000.00 $437,270.00 $471,100.00 H: W OME\VELMAR\GEN�DRA114AGE120801BIDTAB. W B2 w w DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services ENGINEER'S ESTIMATE: $400,000.00 DATE: Wednesday, January 19, 2000 TIME OF COMPLETION: 120 Calendar Days Page 3 of 3 Storm Surge Protection Gate Rehabilitation/Replacement Project No. 2080 Jalco, Inc. P. O. Box 27368 Houston, TX 77227-7368 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project; at the locations set out by the plans and specifi- cations and in strict accordance with the contract documents for the following prices to wit: Storm Surge Protection Gate Rehabil- itation/Replacement. TOTAL BASE BID: $688,000.00 H:WOME\VELMAMGENIDRAINAGE�0801BIDTAB.WB2 SH:IF' CHANNEl... N a PRO..JECT SITES GATE NO. 5 D__ --======- STaw Sl..FlGE PROTECTION GA TE REHABILITA TIDN I REPLACI!!lENT CITY ca..NCIL. EXHIBIT Department of EngineerJ.ng Services Ci ty of Corpus Ctiristi. Texas SCALe: 1" = 700' Date: 1/13/00 Page: 1 oT 1 =::::::0 7 AGENDA MEMORANDUM January 18, 2000 SUBJECT: Acquisition of Parcel No. 16-B Corpus Christi International Airport Land Acquisition Project AGENDA ITEM: Motion authorizing the acquisition of Parcel No. 16-B located east of FM- 763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane for $211,338 in connection with the Corpus Christi International Airport Land Acquisition Project. ISSUE: The Corpus Christi International Airport (CCIA) Land Acquisition Project calls for the acquisition of Parcel No. 16-B, which has been negotiated and requires Council approval. FUNDING: Funds for this acquisition are available from the Airport Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. r ~~ OJ.~ Bonnie Allin, AAE. Director of Aviation ~ ~pJ ;/;?ftcJ {!1 el R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A: Background Information Exhibit B: Prior Council Action Exhibit C: Location Map Exhibit D: Information Summary Exhibit E: Contract Summary Acquisition of Parcel No. 16-8 CCIA Land Acquisition Project January 14. 2000 Page 1 of 1 35 BACKGROUND INFORMATION SUBJECT: Acquisition of Parcel No. 16-B for the Corpus Christi International Airport (CCIA) Land Acquisition Project. PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTION: Approval of land purchases that exceed $15,000. OVERVIEW: Background: City Council adopted the CCIA Master Plan Update on September 28, 1999. The Master Plan establishes the airport development plan to its ultimate capacity and addresses both existing and future land uses around the airport, encompassing about 4,400 acres. The Master Plan recommended the following: . All lands currently owned by the airport should be retained in airport ownership. The area of currently owned lands is approximately 2,386 acres. . Approximately 153 acres are recommended for near-term acquisition necessary to accommodate the future extension of Runway 13-31. As negotiations were underway, this acreage was shown within the existing airport boundary in the Council-adopted and FAA-approved Airport Land Use Plan. . Approximately 1,427 acres are recommended for near-term acquisition, located west and south of the existing airport boundary, to allow for construction of a new parallel runway and associated airfield infrastructure, air cargo, corporate and general aviation, intermodal, airline support, and airport support facilities. . Approximately 425 acres are recommended for near-term acquisition, located south and east of the existing airport boundary, that would be exposed to aircraft noise of day-to-night average sound level (DNL) 70 and higher with ultimate airfield conditions. This is the noise exposure level identified as part of the Federal Aviation Regulations (FAR) Part 150 Noise Compatibility Program for the Airport. Following acquisition, it is recommended that these areas remain as open space or be developed with land uses compatible with aircraft noise exposure in that area. . Land near the airport, but not planned for airport acquisition, should be protected for future airport-related uses by zoning but should also continue to be available for other interim economic uses which are compatible with airport operations. City Council approved the draft FAR Part 150 Noise Compatibility Study for submittal to Federal Aviation Administration (FAA) for their approval on September 21, 1999. The Part 150 Noise Compatibility Study further addresses land use compatibility surrounding the airport environs. EXHIBIT A Page 1 of2 36 FAA Policy: The FAA strongly endorses the purchase of properties around airports as the best method for precluding encroachments, which can jeopardize air operations over the long term. To this end, it is anticipated that FAA will provide 90% of the funds to purchase properties identified for acquisition, subject to congressional appropriations. Parcel: Parcel 16-B, located east of FM-763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane, is owned by Patricia Ann Bath Ross et al. As shown on the attached location map (Exhibit C), purchase of the subject parcel will allow the extension of Runway 13-31 proposed to occur within five years. The attached map indicates the location of the subject parcel, near-term acquisitions, prior acquisitions, and future acquisitions. Also attached is a summary showing the size of the subject parcel, the appraised value, negotiated price and specific terms of the sales contract. Staff has negotiated the purchase of Parcel 16-B for the appraised value of $211 ,338. FUNDING: Funds for the acquisition are available from the Airport Capital Projects Fund. EXHIBIT A Page 2 of2 37 PRIOR COUNCIL ACTION 1. October 1977 - Authorized acquisition, at the approved values, of Parcels 2, 3, 4 and 5 located north of McGloin Road and east of Bockholt Road, containing 346.082 acres. 2. February 1979 - Authorized acquisition of Parcel 2 located east of Bockholt Road containing 135.294 acres, an increase of 77.548 acres over the original approved acreage. 3. Julv 1979 - Authorized acquisition of Parcel 1 located east of Bockholt Road and south of Highway 44 containing 116.871 acres and appropriated $126,493.90 to supplement a prior appropriation. 4. September 1979 - Authorized acquisition of 4.576 acres for the Runway 31 Approach Lighting System. 5. November 1986 - Authorized acquisition of Parcel 14c-d located south of Bear Lane and east of Joe Mireur Road containing 199.586 acres and appropriated $907,350 from the Airport Bond Fund. 6. October 31. 1995 - Adoption of the FY95-96 Capital Budget and Recommended 1996-2000 Capital Improvement Planning Guide, amended December 12, 1996. 7. June 18. 1996 - Authorized acquisition of Parcels 8b, 8c, 15a, 15b and 15c located on FM-763 (Joe Mireur Road) containing 140.915 acres. 8. December 15. 1998 - Authorized acquisition of Parcel No. 8-D1 located on FM-763 (Joe Mireur Road) for the Airport Land Acquisition project. 9. July 20. 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No.3, Land Acquisition and Airport Project No. 22, Land Acquisition (Part 150 Study). 10. September 28. 1999 - Ordinance adopting the CCIA Master Plan Update, Draft Part 150 Noise Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal Terminal Development Study. EXHIBIT "B" Page 1 of 1 38 i ~ ~ I ~ ~ 211- n ... ." en n ~ ~ c: ~ 50 .!!! ... ." ... l:l 0 0 III !:l !;; c: ~ :z .. n n ~ :z c: ... ~ .. e E z ~ !i ... l .0 ... c: c: ~ 3 ... c: ~ l:l .. ~ ~ .0 .. c: ~ en ::; .0 0 c: :z 3 ~ , ik.~ ",,",000 ~ I a; ~. :=~ "a ~!:i .on c c II := z " m .s~ lli~ ~ 1:1 z " - CITY OF CORPUS CHRISTI CORPUS CHRlSTI1NTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Dre..." b Victor G LAND ACQUlsmON PROPSED REV EXHIBIT .. C .. Dote 1/114/00 Sheet No. 2 INFORMATION SUMMARY C.C.I.A. LANO ACQUISITION PROJECT PARCEL NO. 16-B Owner: Patricia Ann Bath Ross, Theresa Marie Bath Tiggeman, Sheila Clare Bath Amen Location: East side of FM-763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane Zoning: F-R (Farm - Rural) Size: 71.64 acres Tax Value: $1,800/acre Appraised Value: $211,338 ($2,950 per acre) - John A. Erickson, S.R.A. Contract Price $211,338 EXHIBIT "0" Page 1 of 1 41 CONTRACT SUMMARY ACQUISITION OF PARCEL NO. 16-B C.C.I.A. LAND ACQUISITION PROJECT 1. Legal Description - 71.64 acres out of Tract 5, Margaret Kelly Land 2. Purchase Price - $211,338 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and suffident General Warranty Deed. 5. All taxes to be paid by Seller, up to and including 1999. Taxes for 2000 will be prorated between Buyer and Seller. 6. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as spedfied, or Seller may seek to enforce spedfic performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Coundl and signed by the City Manager within 60 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. Seller reserves all mineral rights. 12. Seller will retain revenues from all crops planted in the 1999 crop year. 13. Buyer will be responsible for rollback taxes, if any, resulting from this conveyance. 42 EXHIBIT "E" Page 1 of 1 8 AGENDA MEMORANDUM January 13, 2000 SUBJECT: Acquisition of Parcel No. 32 by Condemnation for the Spur 3, Phase 2 Improvements Project AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation award of $70,000 for acquisition of Parcel 32 located on Ennis Joslin Road between Carson Street and the Alameda/Ennis Joslin intersection in connection with the Spur 3, Phase 2 Improvements project. ISSUE: The Spur 3, Phase 2 Improvements project calls for the acquisition of Parcel No. 32 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 12, 2000, and the Special Commissioners' award was $70,000. 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- lid"~ z:J'~ ~V;~ A~~. 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 No. 32 H:\HOMEISHELBYlGEN\AG99\ACQUlrNSlSPURJ.P2\PARCL-32.M Page 1 of 1 43 BACKGROUND INFORMATION SUBJECT: Acquisition of Parcel No. 32 by Condemnation Spur 3, Phase 2 Improvements Project PRIOR COUNCIL ACTION: See Exhibit "8." OVERVIEW: Backaround: 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 parcel is located on Ennis Joslin Road between Carson Street and the Alameda/Ocean Drive intersection. Parcel No. 32 is a fee simple acquisition containing 2,359 square feet. This parcel is being acquired for the Spur 3, Phase 2 street improvements. Staffs offer of $60,000 as a settlement in lieu of condemnation was rejected, and negotiations reached an impasse. On November 9, 1999, Council authorized eminent domain proceedings. A condemnation hearing was held on January 12, 2000, and the Special Commissioners' award was $70,000. A map (showing the location of the property), a summary (showing the size of the property), the appraised value, and the Special Commissioners' award are included as Exhibits "C," "0," and "E." No title company is involved in this transaction. II Exhibit A II 44 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. September. 1995 - Resolution No. 022346 authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the State of Texas for work to 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, Ltd. 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. Auaust 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 from John L. Johnson and wife, Janet L. Johnson. II Exhibit B II Page 1 of 1 45 LOCATION MAP OSO GOLF COURSE DEL OSO RD. VICINITY MAP NOT TO SCALE PARCEL 32 NOT TO SCALE SPUR 3 - PHASE II OCEAN DR. TO S.P.LD. PARCEL 32 City of Corpus Christi, Texas City Council Exhibit Department of Engineering Services Date 10-29-99 Page 1 of 1 ~ City of Corpus Christl c::::::= , EXHIBIT C 46 "......,...,,...,=/,-.c>c:::::::r1 /r="Y/-I Tf;:I. TTC:;/c;,nllr_~-_~? n INFORMATION SUMMARY SPUR 3, PHASE 2 IMPROVEMENTS PROJECT PARCEL NO. 32 Owner: Curtis W. Bennett and wife Sharron K. Bennett Location: Between Carson Street and the Alameda/Ennis Joslin intersection Zoning: R-1a, One Family Dwelling District Size: Whole Property: Part Taken: 21,420 sq. ft. 2,359 sq. ft. Platted: Yes Tax Value: $27,664 ($1.29/s.f.) - land only Appraised Value: American Appraisers, Inc. Sidney H. Smith, III, MAl. Land Taken....................................................... $ 3,515 ($1.49/s.f.) Site Improvements (sod, fence, landscaping, drive)...................................................... $ 3,142 Damages (move house; relocate garage access from Ennis Joslin to South Alameda; relocate and extend plumbing, electrical and gas; demolish and haul off piers, slabs, driveways; construct new garage slab, front driveway, and walkway; install new garage door; landscaping; temporary housing and related costs)..................... $47.544 Just Compensation........................ .............. ..... $54.201 City's Offer: $54,201 Settlement Offer: $60,000 Condemnation Authorization: Resolution No. 023826 on November 9, 1999 Condemnation Hearing: January 12, 2000 Special Commissioners' Award: $70,000 Exhibit D Page 1 of 1 47 CAUSE NO. 99-61906-1 CITY OF CORPUS CHRISTI, Condemnor VS. s s s s s s s S 9 NUECES COUNTY, TEXAS IN THE COUNTY COURT AT LAW NO. 1 CURTIS W. BENNETT AND SHARRON BENNETT AWARD OF SPECIAL COMMISSIONERS On January 12.2000. in the City of Corpus Christi. Nueces County. Texas, the above styled proceedings in eminent domain came on to be heard pefore the undersigned, three disinterested freeholders ofNueces County, Texas, heretofore appointed as Special Commissioners by the Judge of County Court at Law No.1, Nueces County, Texas to assess the damages caused by these proceedings. The Plaintiff, City of Corpus Christi. Texas, a municipal corporation located in Nueces County, Texas, appeared through legal counsel, Joseph Harney. The Defendants, although duly ----- .=:) served. failed to appear/ appeared in person! ~ared through legal c;uns,el. The Commissioners ---- . --- proceeded to hear the evidence and arguments of the parties and made the following findings: 1. That on November 12, 1999, the City of Corpus Christi, Texas, Plaintiff. filed its "Original Statement and Petition in eondemnation" with the Clerk of Nueces eounty, Texas, wherein upon the facts and for the purposes therein stated. it sought judgment vesting in the City of eorpus Christi fee simple title to the land described in Exhibit A, excluding the oil and gas rights, for the purpose of Road and Utility "'11' oven.eilts. and other mV,i. . .I purposes. said land beinb "...Jated illside the corporate limits of the City ofeorpus Christi. Nueces County, Texas. ScbfAWARD.sr 48 EXHIBIT "E" '--- ~ A c....J t< f',.:J V"l "" -- = II. That upon consideration of the said \vritten statement so filed by Plaintiff. the Judge of the Court. did appoint three disinterested freeholders of Nueces County, Texas, as Special Commissioners to assess the damages caused by the taking of said property. III. That the said Special Commissioners did. by written order, designate and appoint the 12th day of January 2000, at 9:00 a.m., in the County Courthouse, County Court No.1, situated in Nueces County, Texas. as thc date and place for hearing said statement and parties, said date being the earliest practicable time and such being the county seat of the county in which the property is situated. IV. That thereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law. which oaths are on file with the papers of this cause. V. That on the 12th day ofJanuary. 1999, said Special Commissioners did convene and the .-..-----...... following named parties did appear in person or by ~r:3:~r:Q~~:__.. . City of Corpus Christi. by and through Joseph F. Harney, Ass!. City Attorney of the City of Corpus Christi. Texas; and the Defendants Curtis W. Bennett and Sharron Bennett, although duly served. failed to appear/ .-.-.~.,-------.. appeared in person! aRp'~~ed 'through their attorney of record/and announced ready for such hearing, '. --- and said Special Commissioners proceeded to hear evidence as to the damages which will be ,ustained by the owners by ,cason of the taking of said lanu. VII. Seb/A W ARD.sr o 49 The land subject of the taking is as follows: Fee simple title to the property described as 2.359 square feet out of Lot 3 Block 15, Edgewater Terrace Subdivision. as described on the attached Exhibit A. exclusive of oil and gas rights. VIII. The Special Commissioners find that the City of Corpus Christi, as Condemnor, offered to pay $60.000 to the property owners before these proceedings began. After hearing and consideration of all such evidence. said Special Commissioners tind and determine and accordingly assess damages to be paid by the City of eorpus Christi according to the rule of damages set forth in the cuwt /IJ ' ' (,,/, au s [; V /:;;7J7 \./ 7l-fo irS;-1'?J ,-:::> , 00 ($ 70 /.lOO~ollars for said parcel to the owners. , Texas Propeny Code, the amount of VIII. The accrued costs of this proceeding, consisting of filing fees only, are hereby adjudged against (:fJ (); C ('II rl..n~ (' '" -"i".I-, Signed this the I 2- day of January, 2000. SPECIAL COMMISSIONERS APPROVED AS TO FORM: Seb/AWARD_sr ~o (b,(V( I+-- Joseph F.iHa'rney r Assistant City Attorney Attorney for Plaintiff Scb/AWARD.sr 451 '::p ; ...;;,.:./f!.'(.!!_<- .~ _ 'V NUECES COUNlY-3596-0I-00t-PARCEL32 IOF! Spur 3 Phase II BEING a 219.2 square meter (2,359 square feet) tract of land, more or less, and part of Lot 3, Block 15, Edgewater Terrace SubdivIsion, as recorded in Volume 7, Pages 38-39, Map Records, Nueces County, Texas, being the same property described in deed from Ralph W. Morrision to Curtis W. Bennett, and wife, Sharon Bennett, dated February I, 1974 recorded in Volume 1486, Page 714, Deed Records, Nueccs County, Texas. Said 219.2 square meter (2,359 square feet) tract being more particularly described by metes and bounds as follows: BEGINNING at a 15M iron rod with Aluminum Cap set on the common line of Lots 9 and 3 of said Block 15 and on the proposed northwesterly right of way line of Spur 3 (Ennis Joslin Road) for the west corner of this tract; (1) THENCE: North 370 17' 34" East, with said proposed right of way line of Spur J (Ennis Joslin Road), a dist3nce of 15.411 meters (50.56 feet) to a 15 M iron rod with Aluminum Cap set at the beginning of a 1,732.833 meter (5,685.14 feet) circular curve whose center bears N 520 42' 26" W; (2) THENCE: northerly with said proposed right of way line of Spur 3 (Ennis Joslin Road) and said circular curve to the left, through a central angle of 000 3D' 17~, an arc distance of 15.265 meters (50.08 feet) and a chord bearing ofN 37002' 26" E, 15.265 meters (50.83 feet) to a 15 M iron rod with Aluminum Cap set on the common line of Lots Z and 3 of said Block IS for the north comer of this traet from which a found 15 M iron rod an the cammon northerly comer of said Lots 2 and 3. bears N 41003' 39" W, 47.102 meters (154.53 feet); (3) THENCE: South 410 03' 39" E.1.st, with said common line of said Lots 2 and 3. a distance of 6.907 meters (22.66 feet) to a 15 M iron rod with Aluminum Cap set at the common e:lSterly corner of said Lots 2 and 3 and on the existing right of way line of Ennis Joslin Road, ior the east comer of this tract; (4) THENCE: South J50 46' 23" West, with sa.id existing right of way line of Ennis Joslin Road. a distance of J 1.089 meters (102.00 feet) to a found 15 M iron rod at the common southerly comer of said Lots 3 and 9, for the south comer of this tract; 0;\4184\ I JOlmbdsll'arcelJ Z. mbd April 6. 1999 52 ~JflW 'c76''' NUECES COUNTI'-J596-01.{)02.PARCELJ2 20F2 Spur 3 Phase II (5) THENCE: North J 9' 16' 0 I" West. with said common line of Lots 3 and 9, a distance of 7.733 meters (24.06 feet) to the POINT OF BEGINNING and containing 219.2 square meters (2.359 square feet) ofland more or less. This description was compiied on October i 7. 1997 from surveys made upon the ground under my supervision on October i 2. 1994 and September 17, 1996. //d~~ NAISMITH ENGINEERING. INe. Raul A. Castillo. R.P.L.S. #5061 0:\4184\1 JOlmbdslParcclJ2.mbd April 6. 1999 53 9 AGENDA MEMORANDUM January 25, 2000 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CClV) system for the Terminal Reconstruction project at Corpus Christi International Airport. ISSUE: The AACS must be relocated, expanded and integrated with a new CCClV system due to the construction of the new terminal building. This work is required by FAA regulations to assure the security of airport operations and the traveling public. FUNDING: Funding is available from the FAA Discretionary Grant and Passenger Facility Charges (PFCs) for the AACS project. RECOMMENDATION: Approval of the motion as presented. !S~':. OJL Bonnie Allin, AAE. Director of Aviation r ~~~~ !//rllI~ itt el R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A Background Information Exhibit B. Contract Summary 55 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PROJECT DESCRIPTION: The project includes the integration of a CCTV system and related equipment with the recently installed state-of-the-art automated access control system and phased relocation and installation of the systems into the new terminal building construction, including security cameras, monitors, and related equipment. BACKGROUND: Glover/Resnick and Associates, Inc. (GRA) was selected for Airport Automated Access Control System design services. GRA designed the first phase of the Airport Automated Access Control System (AACS) Replacement project, which assured the City would meet minimal security requirements and Y2K requirements. It was intended that GRA would also provide design services for access security associated with the new terminal building. The contract with the City's architect (Gensler) provided for Gensler to coordinate access security with other City consultants (GRA) for the new terminal building. However, the City was unable to negotiate an amendment to GRA's contract that fit the project scope and budget. The Gensler team provided design services for the relocation of the newly installed airport access control system for the Temporary Facilities construction documents. Bids will be opened for the Temporary Facilities project on Wednesday, January 26,2000. Gensler currently has design responsibility for many signal and communications systems within the terminal, including fire alarm, energy management, lighting control, public address system, flight information display system, and baggage information display system. Their original scope required them to provide conduit for the access control and CCTV systems. Consequently, to facilitate the coordination and integration of these systems with the remaining signal work, it is in the City's best interest to include these areas of design- previously reserved due to the equipment upgrades in process - as Gensler's responsibility. IMPLEMENTATION SCHEDULE: The design of the AACS and CCTV systems will be coordinated with design of the new Terminal Building and bid as a separate project. Phasing of the systems' installation and turnover will be coordinated with the Terminal Reconstruction project in order to maintain FAA security requirements during construction. PRIOR CQUNCIUADMINISTRATIVE ACTION Prior Council Action: 1. Januarv 27. 1998 - Motion authorizing the City Manager, or his designee, to execute a Contract for Engineering/Consulting Services with Glover/Resnick and Associates, Inc., in an amount not to exceed $107,175 for a new Airport Automated Access Control Security System (CCIA). (M98-18) 56 ~ EXHIBIT A I] Page 1 of 2 2. Julv 21. 1998 - Resolution authorizing the City Manager, or his designee, to accept FAA Grant No. 3-48-0051-25-98 in the amount of $2,609,191 for Terminal Building Improvements, Access Control Security System Replacement, and Commercial Apron Rehabilitation. (Ordinance No. 023372) 3. Julv 21. 1998 - Motion awarding a contract to Simplex Time Recorder Co. in the amount of $744,347 for the installation and construction of a new Airport Automated Access Control Security System. (M98-257) 4. Auoust 25. 1998 - Resolution approving the financial feasibility plan to fund the five- year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) 5. March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) 6. April 20. 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99- 105) 7. Julv 20. 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No.1, Terminal Building Reconstruction and Airport Project No.4, Access Control System Replacement. (Ord. No. 023703) Prior Administration Action: 1. Februarv 11. 1999 - Mutual Release Agreement between Simplex Time Recorder Co. and the City of Corpus Christi terminating the contract entered into on July 21, 1998. 2. March 17. 1999 - Administratively executed Amendment NO.2 to the contract for Engineering/Consulting Services with Glover/Resnick and Associates, Inc. in an amount not to exceed $14,850 for a revised contract amount of $182,175 to design a new Airport Automated Access Control Security System at CCIA. FUTURE COUNCIL ACTION: 1. Award of a construction contract to relocate and install a comprehensive airport automated access control system including badging, CCTV cameras, monitors, and related equipment into the new terminal building. 2. Approval of testing, construction and other contracts to complete the construction of the new terminal. BOARD/COMMITTEE REVIEW: The Terminal Program has been reviewed and recommended by the Airport Advisory Board. EXHIBIT A ! Page 2 of 2 57 CONTRACT SUMMARY G. ADDITIONAL SERVICES - 1. Access Control and SecuritY Svstem - The Consultant will provide services as outlined by Exhibtt A-1 to resutt in the development of plans, specifications. bid and construction documents necessary to allow the City to award a construction contract for an access control and security system. The construction contract will result in the installation of a complete airport automated access control system. including closed circuit television security system and security badging system. III. FEES AUTHORIZED The City will pay the Consultant an additional not to exceed fee of $72.095 for a restated total not to exceed fee of $2297.095.00. SummarY of Fees: Fee Tasks Description Original Amend. Total Contract No.1 Fee Basic Services 11.A.1 Preliminary Phase 103.400 12,980 116.380 II.A.2 Schematic Design Phase 389,000 389,000 II.A.3 Design - Construction Document Phase 1.192,000 19.440 1,211.440 II.AA Bid Phase I 30.000 1,890 31.890 Basic Service Subtotal i 1.714.400 34.310 1,748.710 ; Construction Services II.B.1 Construction Phase 293.600 18,060 311,660 II.B.2 Record Drawings 5,200 2,520 7.720 Construction Service Subtotal 298,800 I 20.580 319,380 Post Construction Services II.C Post Construction Phase 5.000 5,000 Post Construction Services Subtotal 5.000 I 5,000 Fixed Fee Total 2.018.200 54,890 2.073.090 I Travel & Courier Charges 206.800 17,205 I 224.005 I TOTAL 2.225.000 72.095 I 2,297.095 EXHIBIT A-1 Project Tasks (Abbreviated) - Amendment NO.1 G. ADDITIONAL SERVICES 1. Access Control and Security Svstem - Design - Construction Documents Phase 1. Required Design Elements - Services will require the development and delivery of final design criteria. a project description. plans, specifications. bid. and contract documents. The reliability of the access control security system is of utmost importance to assure the safety oftenants, staff. and pUblic and to comply with applicable FAA regulations. Therefore. the design and contract documents developed by the Consultant will (utilizing as much as possible of the equipment and infrastructure installed in 1999): a. result in the installation of a complete airport automated access control system (three elevators in the reconstructed terminal will require card reader entry for operation), including closed circuit television security system and badging system; b. assure maintenance of the existing access control and security system in an operational status until the new the new access and security system is activated; c. comply with FAR 107.14 and other FAA requirements; d. assure the maintainability of the new automated access control and security systems; e. assure availability of equipment. components. and parts for the foreseeable future; f. minimize of usage of equipment or components for which parts are proprietary or not otherwise readily available on the open market; g. provide system reliability inciuding: use of a dual conduit/conductor system to allow full system performance in event of failure of one conduit/conductor; inclusion of uninterruptible power supply (UPS) on system components where necessary; capability to conduct remote system diagnosis and maintenance; h. equip all entry points to be fully functional from both sides; 58 i. address baggage handling equipment in the design of the access control and security system; j. provide a new closed circuit television security system which will provide; monitoring by remote controlled color cameras with preset alarm triggers; termination of cameras and alarms in a communications office in a command type center complying with Americans with Disabilities Act requirements; switching to allow the operator to monitor in the "quad" type mode; a remote monitoring station at the ARFF station; and use of fiber optics conductors when feasible; and integration with the airport automated access control system. k. Provide a high speed apron access control gate with dual card readers west of the terminal and an additional card reader at the staging gate. 59 10 CITY COUNCIL AGENDA MEMORANDUM Date: Januarv 25. 2000 AGENDA ITEM: A. Motion accepting a grant in the amount of $1 00,000 from the Department of Justice Office of Justice Programs, State and Local Domestic Preparedness, for the Municipal Agency Domestic Preparedness Equipment Support Program. B. Appropriating $100,000 from the U.S. Department of Justice, Office of Justice Programs, State and Local Domestic Preparedness, in the No.1 050 Federal/State Grants Fund for the Municipal Agency Domestic Preparedness Equipment Support program; and declaring an emergency. ISSUE: The City has received funding to purchase personal protective equipment (PPE), detection equipment, decontamination equipment, and communications equipment to effectively conduct and coordinate response operations during a terrorist incident involving weapons of mass destruction. BACKGROUND INFORMATION: The Office of the Assistant Attorney General, Office of Justice Programs (OJP), working closely with the U.S. Department of Justice's National Domestic Preparedness Office (NDPO), is providing funds to state and local emergency response agencies to purchase specialized equipment for fire services, emergency medical services, hazardous materials response units, and law enforcement agencies to enhance their capability to respond to acts of terrorism involving chemical and biological agents, as well as radiological, nuclear. and improvised explosive devices. The threat of potential terrorist incidents in our Nation presents an enormous challenge to all levels of government, but most significantly to the first response personnel at the city and county levels. Equipment to be purchased includes chemical detection kits, protective masks with replacement cartridges for several different gas agents, protective suites, decontamination equipment. decontamination showers, portable radios with lapel speakers and microphones. communications equipment for hazardous materials, fully encapsulated suites, voice amplifiers. and headsets with push to talk capabilities. The Office of Emergency Management will be the coordinator of the project with the funding used to supplement current equipment on hand. FUNDING: The total project cost is $100,000, the Federal govemment will provide 100% with no local match required. REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds. RECOMMENDATION: Staffrecommends acc~' g the grant and appropriating the funds. ~ - . Alvarez.l Chief of P . 61 ORDINANCE INCREASING REVENUES and APPROPRIATING $100,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, STATE AND LOCAL DOMESTIC PREPAREDNESS, IN THE NO. 1050 FEDERAUSTATE GRANTS FUND FOR THE MUNICIPAL AGENCY DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That revenues are increased by $100,000 from the U.S. Department ofJustice, Office of Justice Programs, State and Local Domestic Preparedness, and are appropriated in the No. 1050 Federal/State Grants Fund for the Municipal Agency Domestic Preparedness Equipment Support Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the _ day of , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Samuel L. Neal, Jr., MA YOR Legal form approved 20 ~ 4,2000; James R. Bray Jr., City Attorney. By: l )b I (~.&I tv J~JI Q Q.dJ.,U.J~ Alison Gallaw y, First ASSIstant CIty Attorney t-l:'.lEG-D1RVERONICA'AlISON'ORDOO .SOQ',AGORDOO.81.J 62 11 AGENDA MEMORANDUM DATE: December 23,1999 SUBJECT: Public Health eontract AGENDA ITEM: A. Motion authorizing the eity Manager to execute Attachment No. 06 to eontract No. 7460005741-2000 with the Texas Department of Health in the amount of $82,840.00 to provide immunization services. B. Appropriating a grant in the amount of$82,840.00 to fund immunization services by the Texas Department of Health, to the Federal/State Grant Fund - No. 1050; and declaring an emergency. ISSUE: Immunization services are among a variety of preventive health services offered by the Health Department. Funding is provided by the Texas Department of Health (TDH). Immunization funding (Attachment No. 06 to eontract 7460005741-2000) in the amount of $82,840.00 covers personnel, fringe benefits, travel, and supplies to maintain an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. Systematic approaches have been designed to eliminate barriers, expand immunization delivery, and establish uniform policies to immunize preschool-age children. Attachment No. 06, for immunization services, is a continuation of level funding for services previously established and covers the period January 1,2000 through August 31, 2000. REOUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. RECOMMENDATION: Staff recommends that the contract attachment be approved and funding be appropriated for continuation of immunization services. :trPP k. 4--~AY Nina M. Sisley, M.D., M.P.H. Director of Public Health .... 63 ORDINANCE APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $82,840 IN THE NO. 1050 FEDERALIST A TE GRANT FUND TO FUND IMMUNIZATION SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant from the Texas Department of Health in the amount of $82,840 to fund immunization services is appropriated in the No. 1050 Federal/State Grants Fund. SECTION 2. That upon written request of the Mayor or five eouncil 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 ~"'-"'O 1'1 , 2000; James R. Bray Jr., City Attorney. By: ;I..~~ Lisa Aguilar. ssistant City Attorney H:\LEG-DIR\VERONICA\LISA\ORD2\ORD2. I 29 64 12 CITY COUNCIL AGENDA MEMORANDUM DATE: January 18, 2000 AGENDA ITEM: a. Ordinance authorizing the City Manager, or his designee, to execute a fifty-nine year lease with S1. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Carancahua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street IN CONSIDERATION OF THE PAYMENT OF $940 IN RENT FOR THE FIRST FOUR YEAR TERM, WITH THE RENT FOR SUBSEQUENT FIVE YEAR TERMS BEING ADJUSTED BASED UPON THE CONSUMER PRICE INDEX; and providing for publication. b. Ordinance authorizing the City Manager, or his designee, to execute a one year lease with S1. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Carancahua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street in consideration of the payment of $235 in rent; providing for publication; and declaring an emergency. ISSUE: The permanent nature of a pedestrian walkway connector over the Carancahua Street right-of-way requires the developer and owner to enter into leases with the City. RECOMMENDATION: Staff recommends approval of the ordinances as presented. " M ~,k r~~ iIIc I . Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Site Location Map 65 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bright + Dykemas Architects, Inc., representing St. James Episcopal School, have requested that the City of Corpus Christi enter into a Lease Contract that permits the construction and use of a new, pennanent, enclosed overhead pedestrian walkway across the Carancahua Street right-of-way (ROW). Sixty-year (60) leases have been previously entered into by the City with respective developers on existing pedestrian skyways that cross North Water Street, Leopard Street and Antelope Street. This new pedestrian walkway will enable the developer to connect the St. James Episcopal School Main Campus facilities and the St. James Episcopal School Annex facilities. Assuming approval of the Ordinance on the second reading, St. James Episcopal Schools' general contractor intends to request a building permit and start construction. Construction on the new pedestrian walkway structure itself would not begin until sixty (60) days following approval of the second reading and subsequent execution of the lease contract. St. James Episcopal School officials have advised that the project will be terminated if the lease contract is not approved by Council. The sixty-year lease provides for a permanent 7BO-square foot enclosed overhead pedestrian walkway or skywalk, which will cross Carancahua Street with a minimum clearance of 14 feet above the street pavement surface. All private franchised utilities and City Departments were contacted regarding the Lease Contract and none had any objections provided the applicant meets the conditions specified in the contract. Impact of Proposed Bridge on Carancahua Street Traffic: Presently, there are a significant number of St. James School students who cross Carancahua Street throughout the 7:30am - 4:00 pm hours of each school day. A midblock pedestrian signal was installed in 1985 to control and protect the pedestrian crossings. The City Traffic Engineer and the St. James School principal have discussed the effect that the planned bridge will have in largely reducing, but not completely eliminating, student and faculty pedestrian crossings. Both agree with the objective to remove the existing midblock signal, contingent on a traffic engineering study of the frequency and adequacy of gaps in vehicular traffic related to student crossings after the new bridge is constructed. The school zone speed limit reduction on Carancahua Street will remain in effect, after the traffic signal is removed. 66 Specified Conditions: St. James Episcopal School must fully indemnify and hold harmless the City for liability relating to the construction, existence, and use of the Skywalk. St. James Episcopal School will be required to maintain five million dollars of insurance to protect the City. St. James Episcopal School is fully responsible for the repair and equivalent replacement of existing City and private utility infrastructure in the event of damage to the same by subsequent building construction. St. James Episcopal School must submit a set of construction drawings for the proposed replacement of damaged infrastructure to the Director of Engineering Services a minimum of three (3) weeks prior to onset of construction repairs. Work on infrastructure repairs cannot begin until written approval has been given by the Director of Engineering Services. During construction, St. James Episcopal School is required to keep at least one sidewalk open for pedestrians and at least one traffic lane open in both directions for vehicles using Carancahua Street. Lease Contract Fee Schedule: A Present Value calculation was used in conjunction with a 10% lease rate of return on the adjusted appraised value of the aerial footprint to calculate the land use portion of the annual lease rents. Ninety (90) days prior to the anniversary of the fifth year of the 59 year lease, a new 5 year lease payment will be calculated using the same procedure and sent by the City to the owner for remittance. See attachment (4) for fee calculation. A lease contract fee in the amount of $235 must be paid by St. James Episcopal School for the one year lease contract upon adoption of the Ordinance by City Council. A separate payment in the amount of $940 for years 1 through 4 must be paid at the time the Ordinance is approved in order for the 59-year lease contract to go into effect. St. James Episcopal School has been advised of and concurs with all the conditions of the lease contract. RECOMMENDATION: Approval of the ordinances as presented. 67 60.00' 780 SF PORTION OF CARANCAI-IUA ST. 60.00' \0 r- \Ul \'~ :>- \\~ ~ c: :>- IUl y - pp.Rl< A'!::- -1 ./CL _ .-J- - - \ --I -- -- ---- '''' ,0 \~ '" ,.., \i ,0 '" . . \ SLOCK 1 LOi 20 ,a.Oornot& s. t:" ,7 \.I.R. 'i. "p;, p. . , , \~ ,~ ,';: \;;\ ~ '''' \~ . . \ \ f 1\'lt: CllURCll 0 j...,:s t:P1SCO~~l'llt:RD/~.;ooL GOOD EI'ISCOI'I'- S ~ VI o o ~ \ \ \ \ \ \ \ \ ,------ . . \ . , \ \ , . \ \ 1 N , \ \ . . \ \ . . \ RCll Of "IllE (pISCOI'I'- ~/S1. j...,:s coCO t:~~DI'I'- ScllOOL CROSSING EXHIBIT ST. JAMES EPISCOPAL SCHOOL EXHIBIT A LEASE CONTRACT ST~ JAMES EPISCOPALSCHOOL AERIAL~KYWALK ~~~~' I'k...........rr I I ROW UN! -{ l'I!lCI"LD:::IIAf'~1QML .'IIIICUIotL tr.eare IfArI tIiClCP ''''' . ........... l51IIL ,...........nu::r.. ..., 1Ia....... 111IUCUUL QM'......~... S.....'JCP~ ...--. .... --..... ..-r--'" _'-'..-nIDl...v. . Naaa'..AICfB) "'. ....v. 1\111:........ Wt1'~1IUarZJI ..xrxW'MCC. ................6otrLv. .-- :;.r~...-.v. ... --- ...--. -fLQa- ...--_... --- " i i~ H! " , '~ ~ lYPlCAL SEC1l0N ~sau: 1. _ ur..cf .- - ccune iIli!o Inq:r. ~ ROW UN! LEASE-CONTRACT. ST. JAMES EPI~~OPAL-SCHOOL AERIAL_SKYWALK -- 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE YEAR LEASE WITH ST. JAMES EPISCOPAL SCHOOL TO CONSTRUCT AN AERIAL ENCLOSED PEDESTRIAN BRIDGE OR SKYWALK ACROSS THE CARANCAHUA STREET RIGHT-OF-WAY BETWEEN THE MAIN SCHOOL BUILDING ON THE EAST SIDE AND THE ANNEX BUILDING ON THE WEST SIDE OF CARANCAHUA STREET IN CONSIDERATION OF THE PAYMENT OF $235 IN RENT; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the installation of the aerial enclosed pedestrian bridge or skywalk (Skywalk) across the Carancahua Street right-of-way between the St. James Episcopal School Main Campus Building on the East side of Carancahua Street and the St. James Episcopal School Annex Building on the West side of earancahua Street. will not require the installation of any support columns in any City sidewalk or street right-of-way or easement; and WHEREAS, no part of the Skywalk will be located on, extend onto, or intrude on any part of the earancahua Street right-of-way or any part of the adjacent sidewalks WHEREAS, the Skywalk will not in any way interfere with vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; and WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code (1999), the City Council makes the following findings; and WHEREAS, the City Council fmds that the Skywalk will not be located on, extend onto, or intrude on the "roadway" portion ofCarancahua Street right-of-way or any part of the adjacent sidewalks needed for pedestrian use ; WHEREAS, the City Council finds that the installation of the Skywalk will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; WHEREAS, the City Council fmds that the design and location of the Skywalk includes all reasonable planning to minimize potential injury or interference to the public in the use of Carancahua Street and the adjacent sidewalks; WHEREAS, the City Council finds that the use of the Skywalk will not interfere with the publicuuse ofearancahua Street or adjacent sidewalks; and WHEREAS, the City Council finds that the use of the Skywalk will not create a dangerous condition on Carancahua Street or the adjacent sidewalks; H:\LEG-D1RI VERONICA IDDCURTISIMYDOCSII999ISKYW ALK.LESISJmsordl.DOC 70 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a one year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk (Skywalk) across the Carancahua Street right-of-way between the St. James Episcopal School Main Campus Building on the East side of Carancahua Street and the St. James Episcopal School Annex Building on the West side of Carancahua Street. in consideration of the payment of$235 in rent. A copy of the lease is on file with the eity Secretary. SECTION 2. The lease is to begin on January 25, 2000, and will end on January 24, 2001. 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. SECTION 4. That upon written request of the Mayor or five eouncil 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 25th 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 AS TO LEGAL FORM: January 13, 2000: James R-l'fy, Jr., City Attorney By: ~ Doyle H:\LEG-DIRI VERONICA IODCURTISIMYOOCSI1999ISKYW ALK.LESISJrnsord I.OOC 71 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIFTY -NINE YEAR LEASE WITH ST. JAMES EPISCOPAL SCHOOL TO CONSTRUCT AN AERIAL ENCLOSED PEDESTRIAN BRIDGE OR SKYWALK ACROSS THE CARANCAHUA STREET RlGHT- OF-WAY BETWEEN THE MAIN SCHOOL BUILDING ON THE EAST SIDE AND THE ANNEX BUILDING ON THE WEST SIDE OF CARANCAHUA STREET IN CONSIDERATION OF THE PAYMENT OF $940 IN RENT FOR THE FIRST FOUR YEAR TERM, WITH THE RENT FOR SUBSEQUENT FIVE YEAR TERMS BEING ADJUSTED BASED UPON THE CONSUMER PRICE INDEX; AND PROVIDING FOR PUBLICATION. WHEREAS, the installation of the aerial enclosed pedestrian bridge or skywalk (Skywalk) across the Carancahua Street right-of-way between the St. James Episcopal School Main Campus Building on the East side of Carancahua Street and the St. James Episcopal School Annex Building on the West side of Carancahua Street. will not require the installation of any support columns in any City sidewalk or street right-of-way or easement; and WHEREAS, no part of the Skywalk will be located on, extend onto, or intrude on any part of the Carancahua Street right-of-way or any part of the adjacent sidewalks WHEREAS, the Skywalk will not in any way interfere with vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; and WHEREAS, in order to satisfy the requirements of ehapter 316 Texas Transportation Code (1999), the City Council makes the following findings; and WHEREAS, the City eouncil finds that the Skywalk will not be located on, extend onto, or intrude on the "roadway" portion ofCarancahua Street right-of-way or any part of the adjacent sidewalks needed for pedestrian use ; WHEREAS, the City eouncil finds that the installation of the Skywalk will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; WHEREAS, the eity Council finds that the design and location of the Skywalk includes all reasonable planning to minimize potential injury or interference to the public in the use of Carancahua Street and the adjacent sidewalks; WHEREAS, the eity Council finds that the use of the Skywalk will not interfere with the public use ofCarancahua Street or adjacent sidewalks; and H:ILEG-OIRI VERONICA IDDCURTlSIMYDOCS12000lSK YW ALK.LESISJMSORD2.DOC 72 2 WHEREAS, the City Council finds that the use of the Skywalk will not create a dangerous condition on Carancahua Street or the adjacent sidewalks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager, or designee, is authorized to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk (Skywalk) across the earancahua Street right-of-way between the St. James Episcopal School Main Campus Building on the East side of Carancahua Street and the St. James Episcopal School Annex Building on the West side of Carancahua Street in consideration of the payment of $940 in rent for the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on January 25, 2001, and will end on January 24, 2060. 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,ILEG-DIRI VERONICA IDDCURTlSIMYDOCS\2000ISK YW ALK.LESISIMSOR02.DOC 73 13 ORDINANCE STATUS AGENDA ITEM: 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. FIRST READING: January 18, 1999 Passed: 7- 0 (2 absent) FINAL READING: January 25, 2000 COMMENTS: 75 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 Ill, Discrimination in Housing and providing for Penalties. B. Motion authorizing the eity 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 fair 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, HUD'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 staffi'attomeys, and development of forms and procedures to establish an on-going Fair Housing Program. Additionally, the funds will offset expenses related to necessary staff"mg needs (i.e.: Office Assistant I, Grade 12 - clerical support for expanded workload), office supplies and equipment. 77 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 General 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 eity, 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. ~/? HelenR. Gurley, D. Director of Human Relations 78 AN ORDINANCE AMENDING mE 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 m, 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 (I )(B) or fBfB1 ill(Q; provided, that new occupants of such housing meet the age requirements of subdivisions (1)(B) or (l)(C); or Sec 24-37 Disability. (t) Covered multifurnily dwellings fer fust eeellJlaney after occunied bv March 13. 1991. or if the buildirn! oermit or renewal is made before June 15. 1990. are not covered. Federal Relrulations exclude such buildirn!s from the reauirements of accessibilitv. Federal Tel!U!ations state that dwelling for first occunancv after March 13. 1991. must meet accessIble route reauirements. while dwellim's designed and constructed for first occupancv on or before March 13. 1991. were eXeII1Pted. The covered multifiunily 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 section, a covered multifiunily dwelling shall be deemed to be designed and constructed for first occupancy after March 13, 1991Jfthe 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 exemnt. The burden of establishing impracticality HOIJS1!tK'...7-Cot1NMJ ...rJ.fA~NT Y.2 J-.y IJ.2lXO(4:31PM) 79 because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing fucility. All covered muhifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route sball be designed and constructed in a manner that: Sec. 24-40 Complaint. (f) On the filing of a complaint the Administrator sball: (1) Give the aggrieved person notice that the complaint has been received; ~ ( A) !!llvise the aggrieved person of the soecific time limits applicable to comolaint orocessine: and the Drocedural ~ts and oblil!ations of the lIl!l!rieved oerson and choice of furums under this article inchlriin.. that he/she has the ril!ht to commence a civil action under Section 813 of the Fair Housine: Act in the United States District Court not later than two years after the occurrence or termination of the allelZed discrirninatorv housine: oractice; and (B) a copy of the original complaint will be sent to the aggrieved 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 ofa respondent under this article; and (B) a copy of the original complaint will be sent to Beth the resoondent{ s). (3) The Al!encv must make a final administrative disoosition of a comolaint within one year of the date of filinl! of the charl!e. Sec. 24-46 Investigative Reoort fel*lft. (a) The Admini"1rlitor sball prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; fA) The investil!ative reoort will not disclose the names of witnesses that reauest anonvrnitv. unless the Administrator is recuired to do so under Court Order. Sec. 24-47 Reasonable cause determination. HOININC..7..('0l:fN("n...ru"'~Y_2 .JcJu.y 13.2fXXl(.:JlPM) ") 80 (d) If the Administrator determines 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)" li.mmediatelv issue a charge on behalf of the aggrieved person. Sec. 24-48 Charge. (a) A charge issued under Section 24-47 (Reasonable Ceause Ddetermination): (b) Not later than the 1 day~ after the Administrator 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 aUse 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 i=ediately refer the matter to the City Attorney for appropriate action. Sec. 24-50 Dismissal (a) If the Administrator determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur: (1) the Adminimator shall issue a short and Dlain written statement of the facts UDOn which the no reasonable cause determination is based: (2) dismiss the COIllDlaint: (3) notify each wrl!rieved oerson and each resoondent of the dismissal and make Dublic disclosure of the di!m1i.""I: unless (4) the coIllDlainant or resoondent makes a reauest that no Dublic disclosure of the dismissal be made. (ll) The AElmiBi5trater sllaH HllIke Jl1:illlie tiiseleSllfe sf ealla aismissallHider this seeaeH. Sec.24-51 Pending e{;ivil tlrial Sec. 24-52 Election ofjJudicial Eilleterrnination. (c) The person making the election shall give notice to the Commission through the Administrator and to ~lp:ieved oersons. all other complainants and respondents to whom the charge relates. Sec. 24-53 City Attorney aAction fI:or e~nforcement. (a) If a timely election is made under Section 24-52(Election of jJudicial ElDetennination), 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 eourt seeking relief under this section. H01~JNr,...1-C011Nr.JI ~A~ Y_2 J-.y 13,2lXO(4:31PM) , 81 Sec. 24-54 Administrative hHearing. Sec. 24-55 Admini!<trative 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 reliet;~ iBehl"~g actual damages (including dam,wes caused bv humiliation and embarassment), reasonable attorney's fees, court costs, and other iIijunctive or equitable relief: (b) To vindicate the public interest, the Commission may assess a civil penalty against the respondent in an amount that does not exceed: (1) $l9,9Q9 $11.000 if the respondent has not been adjudged by order of the Commission: in anv admm;stra1ive heariru!: under the Fair Housm Act. or anv State or local Fair Housm Law. or in any liCenslnl1" or ree:ulatorv oroceeclin,? conducted bv a Federal State or localllll: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 admin;!rtrative heariru!: under the Fair HousinV Act. or any State or local Fair Housinl! law. or in any licensiru! or rel!ulatorv oroceedino conducted bv a Federal State or localllll: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, $50,000 $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 Housiru! law. or in any licensm or rel!ulatorv proceedino conducted bv a Federal State or localllll: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 Connnission order under Section 24-55(Aclm;nistrative 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 of the charge filed under this article. B. Judicial Review and Enforcement of Final Decision HOI)!;INC..1..r.f)(1NnI ,.l"'R"'lII'~ y,,- J....,-13.2lXlJ(4:3lP'M) 4 82 (a) Petition fur review. Anv DartY adverseiv affucted by a final decision under Sec. 24-55 maY file a netition in the annrooriate United Stated Court of Anneals fur review of the decision. The oetition must be filed within 30 dayS of the date of issuance of the fin,,] decision. (b) No oetition for review. Ifno netition for review is filed under subsection (a) within 45 daYS from the date of issuance of the final decision. the findinu~ of1iu:ts and final decision shall be conclusive in connection with any oetition for enfurcement described under subsection (c) filed thereafter by the City Attorney. and in connection with any oetition for enforcement described under subsection (d)' (c) Enforcement. Followiru!: the issuance of a final decision. the City Attorney may oetition the aoorooriate United States Court of Aoneals for the enforcement of the :final decision and for aDDroDriate tenmorarv relief or restr>lininu order. (d) Enfurcement by others. Ifbefore the eXDiration of 60 dayS from the date ofissuanr.e of the final decision. no lJetition fur review of the final decision has been filed. and the City Attornev has not souuht enforcement of the final decision as descnbed in o~h (c) of this section. any DerSOn entitled to relief under the final decision mav petition the aopropriate United States Court of Apneals for the enforcement of the final decision. Sec. 24-58 Order in preceding five years. If the Commission issues an order against a respondent agaiDst 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: (1) a person aggrieved by the discriminatory housing practice; or (2) a party to a conciliation agreement concerning the discriminatory housing practice. (3) Additiona1iv. relief is avai1able to the intervenor. The Court may grant such appropriate relief to any such intervenine PartY as is authorized to be l!:TlIIlted to a plaintiff in a civil action. Sec. 24-64 Prevailing party. The Court in a civil action or the Commission in an aclmin;><trative hearing under Section 24- 54 (Administrative Iiliearing), may award reasonable attorney's fees to the preyailing party and assess costs against the non-prevailing party. HOIJ!;:IN('...7..r.rx1NnJ....n-rA~NI' V.2 ~ 13.2000(4;31PM} 'i 83 Sec. 24-65 lBtimieatieR er mterfueaee. Interference. Coercion. or Intimidation: Enforced bV Civil Action It shall be unlawful to coerce. intimidate. threaten or interfere with any nerson in the exercise or eniovment of: or on account ofhis havinl! exercised or enioyed. or on account ofhis having aided or encoUTalZed any other nerson in the exercise or enioyment of any ri~t ~ed or nrotected by this orciinance. (a) .A. JleFSsR ee~l:, BB eff_1IBtlcr tiIis SeetieR whether er Bet aetiBg ItiISer the eeler sf the law, BY rolee er threat ef teree, inteRtieBlllly iBjmes, iBtimitiates er interferes ~.vitB. af att.c.4ts te iBj1:1fe, mtWR:A.....e aT mterrefS \vitk a peiseR: (1) Bee~rH:e efthe l'erseR's ree8,. esler, religie:a, 5eJE, Etisahility, fH-:1.:...1 staRis, Sf BIIlieBSl efigffi BREi Bee_ the llefS8R is er has BeeR selliBg, llllfl!i!asiBg, remiBg, ~--eing, eeellpyiBg, aT eentfaetiBg, er Begatiatiag fer the filue, ptiR!I1Me, _tel, f---Bif!g, sr eeeHp8tieB ef BBY a.:;elliBg, eF lIf!MiBg fer er partieipatiBg in a serviee, efgllBiiBtiea, er fueilliy r~1atiBg te the BusiBess ef selliBg af test-iBg ~;lelliBgs; ar (2) BeeaUfie the llefSBR is er has Bee&, er te intmHehtll the llBfSeR Rem: (A) partieipatiBg, withem BiserimiBatisR Bee_ effllee, eeler, re1igiea, ~ ~, famiiel.3tatus, ar aatieaal arigm, iB 8B aeavitjr, SeFliee, srga":-'iea, er faeilify tieSllfibell in 8l1BEiivisieR (1) efthis Sllilseetiea; (B) &tfaF"~:-S aB9tBer I18fSBR eppeFtuBrty aT preteetiea 18 sa fJameipate; at' (C) lawfully aitiiBg er eaeearagiBg ether llerseas te lllll'tieipete, y<itheut disf)f=i~lRAtiaB geeaH5e armes, eeler, reJigie~ SeK., 1i--13Hity, famii:Ai statas, af natie:aal origm, iB 8:B aeti"Aty, sw$e, orgR~i~~tieB, ar fileility aes6fleea in 8uBtiMsisR (1) ef this sllBseetien. (e) ;\B effeese lIBlier this seetleB s.._n Be mvestigatea BY the CSHlBlissieB BREi affiv~ at ~.""":""tieB BREi e1esare. If the efteese iBeluaes &,.' :--1 aetivity i1welviBg a threat sf llhysieal felee, the C6m.nis..:_R wiR refer that pemeR ef the 6emr'-:'" te the CeFfJliS Christi Peliee DepartmeBt fer erimiBal iBvestigatiea aaS if a~l*apriate \\ill ~r te the State, Feaeml af Lese! pfeseeuter's eiBee fer erimiBal preseeagen. Sec. 24-66 Criminal Penalty - Intimidation or Interference Whomever. whether or not act~ under color of law. by force or threat offorce. willfullv iniures. intimidates or interferes with. or atternnts to iniure. intimidate or interfere with- (a) any nerson because of his race. color. refurion. sex. handican. familial status. or national origin and because he is or has been selling. ~lUrchasing. rentine:. financing occunvine:. or contractine: or negotiating for the sale. purchase. rental financine: or occunation of any dwellinp. or annlvirn! for or narticipatine: in any service. HOfr.;:INr....7..("OfTNnl,..("HA~ Y_L J-r 13,2OXl(OIfM) n 84 orl!anization. or filcilitv relatinl! to the business of sellin.,. or rentinl! dwellin.,.s: or (b) any person because he is or has been. or in order to intimidate such person or any other person or anv class of persons from - (1) ParticiPatinl!. without discrimination on account of race. color. reJigjon. sex. handicaP. familial status. or national orilrin. in any of the activities. services. orl!allizations or filcilities descnbed in subsection (a) of this section or (2) affordinl! another person or class of DeTSOns opoortunitvor protection so to particioate: or (c) any citizen because he is or has been. or in order to discoural!:e such citizen or anv other citizen from lawfully "i(tin.,. or encoura.,.;".,. other Del'SOns to oarticioate. without discrimination on account of race. color. reJigjon. sex. handicao. famili" 1 status. or national on"';" in anv of the activities. services. oruanizations or filcilities described in subsection (a) of thi~ section. or particioatinl! lawfullv in soeech or oeaceful assemblv opoosinl! any denial of the oooortunitv to so Participate- (d) An offense under this Section is a Class A Misdemeanor. Sec. ~ 24-67 thru 24-79. Reserved SECTION 2. Penalties for violation ofehapter 24 are modified as provided herein. HOI::mNC'...,-CO(iNr.1I....r.H...~c;..n'I'\JJ y.:;! J-.y13.1(XD(4;31PM) 7 85 14 CITY COUNCIL AGENDA MEMORANDUM January 20, 2000 Subiect: zoning Ordinance text amendment to the Definition section, "B-3" Business District and "B-4" General Business District -- Farmers Market. Agenda Item: First Reading - Amending the zoning Ordinance by defining farmers market and farmers market retail sales area and allowing the farmers market retail sales area in "B-3" Business Districts and "B-4" General Business Districts; amending the comprehensive Plan to account for any deviations from the existing comprehensive Plan; providing for severance; and providing for publication. Reauested Council Action: First Reading. Approval of zoning Ordinance text amendment by revising Article 3. Definitions, Article 1S. "B-3" Business District and Article 16. "B-4" General Business District by providing for definitions and uses pertaining to farmers markets and farmers market retail sales areas. staff's Recommendation (1/19/001: Approval as proposed. Planning Commission's Recommendation (1/19/001: APproval with one exception that no parking be required for the farmers market as an accessory use. Issue: To provide for unenclosed farmers market uses within the "B-3" and "B-4" Business Districts to further promote economic growth within the city. With these amendments, development of unenclosed farmers market uses within business districts are made possible, which will allow farmers and consumers to experience an alternative marketing strategy in selling and buying fresh produce. Prior Council Action: In November 1999, City Council directed Staff to review the farmers market use and recommend amendments to the zoning Ordinance that would allow the use in additional zoning classifications, while defining its parameters. With this direction in mind, Staff developed definitions for the farmers market with standards established and provided for its inclusion within two high density business districts as an unenclosed use. prior Planning Commission Action: On January 19,2000, the planning Commission held the required pUblic hearing, and after reviewing the proposed zoning ordinance amendment, they recommended approval with one exception that there be no required parking for the farmers market as an accessory use to a shopping center. Background: City Council directed staff to consider amending the zoning Ordinance to allow for development of unenclosed farmers market uses within the "B-3" and "B-4" Business Districts. This directive stemmed from City Council concerns in allowing the continuation of an existing farmers market in a shopping center on Everhart Road and establishment of future unenclosed farmers markets. The City of Corpus Christi's zoning Ordinance allows for both enclosed/unenclosed farmers market uses as a permitted use in the "1-2" and "1-3" Industrial Districts. This use can be also allowed as a promotional event in general commercial districts. only enclosed farmers market uses are permitted in all business districts, the "BD" Beach District and all industrial districts. 87 Agenda Memorandum January 20, 2000 Page 2 After staff review of the farmers market use and associated state codes, such use was considered acceptable within the 'B-3" and "B-4" Business Districts with appropriate guidelines. The "B-3" and "B-4" Business Districts allow for all types of commercial and service activities in a high-density environment. Regulations designed for the unenclosed farmers market use defines the use as an "accessory use to a shopping center, whereby fresh fruit and vegetables are sold." The market must be certified by the Texas Department of Agriculture and comply with all local, state, and federal laws. The use must abide by the setback regulation of the "B-3" and "B-4" Districts by providing a minimum 20-foot front yard setback. compliance to the parking regulations, based on the area of the farmers market, must be met at a ratio of one (1) parking space per 220 square feet of use area. Accessory uses are currently allowed in shopping centers provided they comply with the City's required number of parking spaces based on the gross retail floor area. The same parking requirement is recommended for farmers markets as an accessory use. The Planning commission, on a six to three vote, recommended that the proposed ordinance be amended to eliminate additional parking requirements for farmers markets since they are allowed as accessory uses only. The Commission considered the parking requirement an obstacle to establishing future farmers markets. staff advised the commissioners that some shopping centers have excess parking that can accommodate accessory uses. If a shopping center has only the required number of spaces per the ordinance, then the addition of an accessory use without a commensurate increase in parking would adversely impact the shopping center's ability to accommodate its patrons, especially during peak seasons <Thanksgiving, Christmas, etc.l The end result of insufficient parking is more traffic congestion on arterial and neighborhood streets. One commissioner voiced a minority opinion that the City should continue to require parking for accessory uses and provide for separation of the building from the primary use. AdditionallY, the farmers market must be unenclosed within a permanent roofed structure. Such roof structure must comply with the building code. Restroom facilities for employees and customers are to be provided in the shopping center to which the farmers market is an accessory. The restroom facility must comply with the plumbing code and be within 300 feet of the farmers market retail area. Portable restrooms are not allowed. 4/L lid-- W. Thomas utter Assistant City Manager Conclusion: The proposed amendments to the "B-3" and "B-4" Districts to include unenclosed farmers market uses as an accessory use are complementary to the districts and shopping centers. These amendments illustrate support in furthering the economic future of the city. 1 A~/I/, ~/ Michael Gunning Director of Planning FGM:lw Attachments: 1) Farmers Market Ordinances (Staff & Planning Commission) 2) Texas Department of Agriculture Certification Standards 3) survey of Farmers Market Uses in Texas (H:\FARYCE\WORD\FARMERSACNl 88 1 STAFF RECOMMENDED ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DEFINING FARMERS MARKET AND FARMERS MARKET RETAIL SALES AREA AND ALLOWING THE FARMERS MARKET RETAIL SALES AREA IN B-3 BUSINESS DISTRICTS AND B-4 GENERAL BUSINESS DISTRICTS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19,2000, during a meeting of the Planning Commission, and on Tuesday, January 25, 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 by amending Section 3-1 and adding new Sections 3-1.24.1 and 3-1.24.2 to read as follows: "ARTICLE 3. DEFINITIONS "SectiOD 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance onlv. and no others. certain terms and words are hereby defined as follows: . * * . * "3-1.24.1 Fanners Market. A farmers market is the retail sale of fresh fruit and vegetables in a farmers market retail sales area as an accessorv use to a shopping center. "'TTACHMENT 1 H:ILEG.OlRI VERONICAIDDCURTlSlMVDOCSI2000IP&ZORDOOIOOVLECIF ARMERS3.DOC 89 2 "3-1.24.2 Farmers Market Retail Sales Area. An unenclosed area used exc1usivelv as a retail sales use for a farmers market. Where allowed. a farmers market retail sales area must meet the following reauirements: D The farmers market must be certified bv the Texas Deoartrnent of Al!riculture; must not sell anvthing exceot fresh fruits and vegetables: must not conduct any orocessing for individual oortion service: and must comolv with all local. state. and federal laws and regulations. Zl The farmers market retail sales area shall not encroach uoon minimum yards. minimum oarking area or fire lanes: d) The farmers market retail sales area shall be considered as retail sales floor area for ourooses of calculating oarking. loading. ooen soace. and floor area factors but not for determining street vard. ~ The farmers market retail sales area must be within a oermanent roofed structure that does not have anv walls. 21 Permanent rest room facilities for emolovees and customers shall be orovided in the shoooing center to which the farmers market is an accessorv. Restroom facilities shall be within 300 feet of the farmers market retail sales area. . * * . * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section 15-2(27) to read as follows: "ARTICLE 15. B-3 BUSINESS DISTRICT REGULATIONS . * * * * "SectioD 15-2 Use Regulations. A building or premises shall be used only for the following purposes: . * * * * "@ Farmers market retail sales area as accessorv use to shoooing center." * . * * * H:\LEG-DIRI VERONICAIDDCURTISIMYDOCS\2000IP&zORDOOIOOYLECIF ARMERS3.DOC 90 3 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section ~ 16-2(27) to read as follows: "ARTICLE 16. B-4 GENERAL BUSINESS DISTRICT REGULATIONS * * * * * "Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: * * * * * "@ Farmers market retail sales area as accessorv use to shopping center." . * * * * SECTION 4. That the official Zoninl! Map of the City ofCorous Christi. Texas. is amended to reflect the amendments to the Zoning Ordinance made bv Sections 1 throul!h 4 of this ordinance. SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. Iffor any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this eity Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRIVERONICA\DOCURTlS\MYDOCS\2000\P&ZORDOO\DOYLECIF ARMERSJ.DOC 91 4 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 L. Neal, Jr. Rex A. Kinnison Javier D. eolmenero Betty Jean Longoria John Longoria Melody Cooper Henry Garrett Dr. Arnold Gonzales Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the _ day of , 2000 by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Betty Jean Longoria John Longoria Mark Scott PASSED AND APPROVED, this the _ day of ArrEST: ,2000. Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED January 13,2000: By: H:\LEG-DlRIVERONICAIDDCURllSIMYDOCS\2000IP&ZORDOOlllOYLECIF ARMERS3.DOC 92 1 PLANNING COMMISSION RECOMMENDED ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DEFINING FARMERS MARKET AND FARMERS MARKET RETAIL SALES AREA AND ALLOWING THE FARMERS MARKET RETAIL SALES AREA IN B-3 BUSINESS DISTRICTS AND B-4 GENERAL BUSINESS DISTRICTS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19, 2000, during a meeting of the Planning Commission, and on Tuesday, January 25, 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 ehristi, Texas, is amended by amendinl! Section 3-1 and adding new Sections 3-1.24.1 and 3-1.24.2 to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only. and no others. certain terms and words are hereby defined as follows: . * * * * "3-1.24.1 Farmers Market. A farmers market is the retail sale of fresh fruit and veeetables in a farmers market retail sales area as an accessorY use to a shoooine center. H:\LEG-DlRI VERONICAIDDCURTlSIMYDOCS\2000lP&:ZORDOOIOOYLECIF AR- 93 Attachment No. 1 2 "3-1.24.2 Farmers Market Retail Sales Area. An unenclosed area used exclusively as a retail sales use for a farmers market. Where allowed. a farmers market retail sales area must meet the following reauirements: D The farmers market must be certified bv the Texas Denartment of Al!riculture; must not sell anYthing excent fresh fruits and vegetables: must not conduct any nrocessing for individual nortion service: and must comnly with all local. state. and federal laws and resrolations. ~ The farmers market retail sales area shall not encroach unoo minimum yards. minimum narkiog area. or fire lanes: 11 The farmers market retail sales area shall be considered as retail sales floor area for numoses of calculating_ I' loadinl!. onen snace. and floor area factors but not for determining street vard. ~ The farmers market retail sales area must be within a nermanent roofed structure that does not have any walls. 2.l Permanent rest room facilities for emnloyees and customers shall be orovided in the shonning center to which the farmers market is an accessorv. Restroom facilities shall be within 300 feet of the farmers market retail sales area. * * * * * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section 15-2(27) to read as follows: "ARTICLE 15. B-3 BUSINESS DISTRICT REGULATIONS . * * . * "Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: . * * . * "@ Farmers market retail sales area as accessorv use to shonning center." . . * * . H:\LEG-DlRI VERONICAIDDCURTlSlMYOOCS\2000\P&ZORDOOlDOYLECIF ARMERSJ.OOC 94 3 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section ~ 16-2(27) to read as follows: "ARTICLE 16. B-4 GENERAL BUSINESS DISTRICT REGULATIONS * * * * * "Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: . * * * * "an Farmers market retail sales area as accessorv use to shopping center." * * * * * SECTION 4. That the official Zoning Map of the City ofCorous Christi. Texas. is amended to reflect the amendments to the Zoning Ordinance made bv Sections 1 through 4 of this ordinance. SECTION 5, That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment ofa court of competent jurisdiction, it shall not affect any other section. paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. Publication shall be made in the official publication of the eity ofeorpus Christi as required by the City Charter of the City of Corpus Christi. H:ILEG.PIR\VERONICA\DOCURllS\MYOOCS\2000\P&Z0~\DOYLEC\FARMERS3.00c TX AGRIC ~ 15.001. Definitions Page 1 *437 V.T.C.A., Agriculture Code ~ 15.001 VERNON'S TEXAS STATUTES AND CODES ANNOTATED l1!;RICULTURE CODE:?::. TITLE 2. DEPARTMENT OF AGRICULTURE CHAPTER 15. FARMERS MARKET NUTRITION PROGRAMS SUBCHAPTER A. PROGRAM ADMINISTERED BY TEXAS DEPARTMENT OF HEALTH Current through End of 1997 Reg. Sess. * 15.001. Definitions In this subchapter: ~ (1) "Farmers market" means a location at which a group of two or more fanners that are ~f'ietf under the ri~artment's f~rmers market certification pro~ nffP.1" p"nnlll"'p for retail sale. (2) "Food coupon" means any redemptive coupon issued by the Texas Department of Health under this subchapter that is exchangeable only for produce at a farmers market. r:::J).) "Produce" means fresh fiuits or vegetablesJ:. (4) "W.I.C. program" means the federal special supplemental food program for women, infants, and children [FNl] administered by the Texas Department of Health. CREDlT(S) -\3~it~~ -,. , ::+o~ 1995 Main Volume Added by Acts 1989. 71st Leg.. ck 119/. f /. off. Aug. 28. /989. [FNll See 42 USCA ~ 1786. <General Materials (GM) - References, Annotations, or Tables> Copyright (c) West Group 1999 No claim to original U.S. GoV!. works 96 ATTACHMENT 2 4 TX ADC s 17.73 Page lofl ~ TEXT 4TAC il17.73 Tex. Admin. Code tiL 4, il17.73 TEXAS ADMINISTRATIVE CODE TITLE 4. AGRICULTURE PART l. TEXAS DEPARTMENT OF AGRICULTIJRE CHAPTER 17. MARKETING AND DEVELOPMENT DIVISION .SUBCHAPTER D. CERTIFICATION OF fARMERS MARKET. Current through December 31, 1998. ilI7.73. Eligibility Reauirements A .farmers market. is eligible for certification if: (I) a completed .rarmers market. application form is submitted; (2) the applicant bas filed annually with the Texas Department of Agriculture at the state headquarters office in Austin, a copy of the .rarmers market. association bylaws, a list of the members of the governing body, a list of the association members, identifying those members that are .rarmers. selling their own produce, a description of the .market. location, and the seasons, days, and hours of operation; (3) the .rarmers market. association bylaws require that a certain percentage of ail agricultural products sold through the .rarmers market. are grown in Texas; (4) the .farmers marl'et. association bylaws require that a certain number, at least two or more, ofits members are .rarmers. selling their own produce; and (5) the .farmers marl'et. association bylaws require that ail agricultural products sold at the .market. shall be of merchantable quality. CREDIT Source: The provisions of this il17.73 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996,21 TexReg2072. <General Materials (GM) - References, Annotations, or Tables> REFERENCES - Cross References: This Section cited in 4 TAC & 17.72. (relating to Application Process); 4 TAC il17.74, (relating to Withdrawal of Certification). 4TXADCil17.73 END OF DOCUMENT Copr. (C) West 1999 No Claim to Orig. U.S. GOYL Works ~ ..Jdefault.wl&RL T=CLlD%5FQRYRL T5192W>&DB=TX%2D..A ATTACHMENT 2 RESULTS OF TEXAS CITIES' SURVEY FARMERS MARKET USE JANUARY 2000 Austin: . Unenclosed/enclosed farmers market allowed in heavy commercial and industrial districts as a permitted use; . parking based on area of market; . produce, arts and crafts allowed; and . Local and state codes must be met. corpus Christi: . Enclosed farmers market allowed in business districts and industrial districts; . Parking regulations for enclosed/unenclosed uses must be met; . Produce, arts and crafts, etc. allowed for flea market uses; and . Unenclosed markets are allowed in industrial districts only. Dallas: . Unenclosed/enclosed farmers market allowed in the primary downtown commercial district, Level 2 commercial districts, and industrial district; . Unlimited size, parking standard maintained, sell of produce, small craft items, plants and turf material; and . All local and state codes must be met. EI paso: . Unenclosed/enclosed farmers market allowed in any commercial district; . Must comply with vendor and customer parking regulations; . portable restrooms are allowed; . Must meet all local and state codes - emphasis stressed on plumbing code; and . Produce, arts and crafts, nuts, etc. are allowed. Houston: . zoning not applicable; and . TYpical uses are large in scale (one-half acre or morel and are located where heavy commercial and industrial uses are located. San Antonio: . Unenclosed/enclosed farmers marKet use allowed in downtown business district, commercial district, and manufacturing/industrial district; . May sell produce, arts and crafts, clothing, toys, etc.; and . All local and state codes must be satisfied. {H:WORDlFARMSURl 98 ATTACHMENT 3 15 CITY COUNCIL AGENDA MEMORANDUM January 17, 1999 AGENDA ITEM: A. AN ORDINANCE AMENDING THE SOUTHSIDE AREA DEVELOPMENT PLAN, AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; BY AMENDING THE POLICY STATEMENTS TO INCLUDE NEW STATEMENTS B.9, B.10, B.11, C.5, D.12, & D.13 RELATING TO RECOMMENDED LAND USES, TRAFFIC CALMING DEVICES, PARK IMPROVEMENTS, & INCREASED CODE ENFORCEMENT; AND BY AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. B. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-1 A" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- 1A" TO THE DISTRICTS ELGIBLE FOR HEIGHT MODIFICATIONS IN SECTION 27-2.02; AND BY AMENDING ARTICLE 27B. LANDSCAPE REQUIREMENTS BY AMENDING SECTION 27B-7 STREET YARDS BY ADDING B-1A TO THE ZONES LISTED IN PARAGRAPH B OF SECTION 27B-7.01; PROVIDING FOR SEVERANCE: AND PROVIDING FOR PUBLICATION. ISSUES: In 1998, the City Council ask staff to consider rezoning residential properties along Williams Drive to commercial zoning due to the increasing commercial traffic along the street. The current adopted plan for the area indicates residential land use along both sides of Williams Drive between Staples and Everhart Streets. The existing zoning on Williams is primarily "R-1B" Single Family Residential District. As part of this review, Staff initiated a planning process to revised the eity's future land use Plan along Williams Drive and to follow up with a rezoning recommendation. In addition, staffinc1uded neighborhood participation in the planning process by inviting the Gardendale neighborhood (area between Staples, Everhart, Holly and Williams) to three neighborhood meetings at Gardendale Baptist Church.(See Attachment B) One of the results from the neighborhood meetings was a suggestion that staff and the neighborhood form a committee to work on a plan proposal. A committee was formed from property H:IPLN-OIR\SHAREDI WORDICOMP-PLA \SSIDEIGARDENOOJOI.25.00C City Council Agenda Memorandwn Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17,2000 Page 2 owners and residents along Williams Drive and from within the neighborhood. The neighborhood committee consists ofresidents/property owners along Williams Drive and residents/property owners of property along interior neighborhood streets i.e., Bonner, eain, eurtis Clark etc. The eommittee met 12 times with staff from 1998 - 1999. Issues emerging from these meetings included: · Williams and Holly Roads have too much commercial traffic to continue to be viable single family residential neighborhoods. · Existing commercial zoning districts would allow too much intensity and generate too much traffic to be accommodated by Williams Drive, in its current configuration with four lanes in 60 feet of right-of-way. · Existing commercial zoning districts are not protective enough to adjacent residential neighborhoods. SUMMARY OF PLAN AND ZONING RECOMMENDATIONS 1. The City should amend the Southside Area Development Plan Recommended land uses along Williams Drive and Holly Road (North side only on Holly) to commercial land use. 2. The eity should amend the Zoning Regulations to provide a new neighborhood commercial zoning district (in addition to the existing neighborhood zoning district) that could be used on both sides of Williams Drive, on the north side of Holly Road. In addition, the proposed district is adaptable to similar transitional residential/commercial corridors at other locations around the City. The district is designated as the "B-IA" Neighborhood Business District. 3. Protect the Gardendale Residential neighborhood by limiting future expansion of commercial from Everhart and Staples into the neighborhood to 300 foot of depth. 4. Improve the Gardendale Neighborhood Park at Betty Jean and Holly Road. 5. Follow up approval of the "B-IA" District zoning text amendment with a eity initiated rezoning of Williams Drive with the new "B-IA" District. 6. Fully fund at least two traffic mitigation devices (speed humps) along Gardendale Neighborhood Streets (Curtis Clark, Bonner, eain, Nelson, Burton Streets or Betty Jean). PRIOR COUNCIL ACTIONS: 1972 Rezoning of the Blanch Moore property from "R-IB" Single Family Residential to "B-4" General Commercial. 100 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17,2000 Page 3 1987 Transportation Plan amendment to remove the extension of Corona Drive as a collector street from the back of the Blanch Moore Property (developed as Moore Plaza) and designating Williams Drive as a Collector Street. 1989, 1995, 1998 Adoption of the Southside Area Development Plan. 1988 Improvements to Williams Drive to up-grade the street from a 50' residential street to a 60' collector street in 1988. 1998 Council rezoning actions on Williams Drive from "R-IB" Single Family Residential District to "B-1" Neighborhood Business District for the properties located at the north west intersection of Williams Drive and Betty Jean Drives. 1997 REQUIRED COUNCIL ACTION: Approval of first reading of: A. AN ORDINANCE AMENDING THE SOUTHSIDE AREA DEVELOPMENT PLAN, AN EL'EMENT OF THE CITY'S COMPREHENSIVE PLAN; BY AMENDING THE POLICY STATEMENTS TO INCLUDE NEW STATEMENTS B.9, B.lO, B.11, C.5, D.12, & D.13 RELATING TO RECOMMENDED LAND USES, TRAFFIC CALMING DEVICES, PARK IMPROVEMENTS, & INCREASED CODE ENFORCEMENT; AND BY AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. B. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-1 A" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- 1A" TO THE DISTRICTS ELGIBLE FOR HEIGHT MODIFICATIONS IN SECTION 27-2.02; AND BY AMENDING ARTICLE 27B. LANDSCAPE REQUIREMENTS BY AMENDING SECTION 27B-7 STREET YARDS BY ADDING B-lA TO THE ZONES LISTED IN 101 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17,2000 Page 4 PARAGRAPH B OF SECTION 27B-7.01; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. FUTURE COUNCIL ACTION: City initiated rezoning of properties along Williams Drives to the "B-1A" Neighborhood Business District. PLANNING COMMISSION AND STAFF'S RECOMMENDATION: Approval of the Southside Area Development Plan Amendments and the creation of the "B-IA" District. A~A/. ~ Michael N. Gunning, AICP Director of Planning Attachments Attachment A: Gardendale Committee Members Attachment B: List of Planning Commission Meetings/Minutes (10/27/99) - discussion items and public ,b.earings Attachment C: Ordinance adopting the Southside Area Development Plan Amendments Attachment D: Ordinance adopting ARTICLE 12A"B-IA" NEIGHBORHOOD BUSINESS DISTRIeT REGULATIONS Attachment E: Gardendale Study 102 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17, 2000 Page 5 ATTACHMENT A: GARDENDALE COMMITTEE MEMBERS The Gardendale Committee was formed based on suggestions from a neighborhood meeting in 1998 to discuss Gardendale Neighborhood Issues. These committee members are composed of residents and property owners of the Gardendale Area and met with staff 12 times over two years. Robert Rudine Theresa Gilbert Tiburcio Soto Kermit Sultemeier Carroll Norrell Mateo Morales Juan Gallegos W.L. Hermis H.G. Garrett Joe Garcia 103 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17,2000 Page 6 ATTACHMENT B: LIST OF MEETINGSIMINUTES HEARINGS PLANNING COMMISSION DISCUSSION ITEMS AND PUBLIC Public Hearing Meeting Dates October 27,1999 October 13,1999 September 29, 1999 September 15, 1999 August 18, 1999 August 4, 1999 July 7,1999 Discussion Meeting Dates June 9,1999 March 3, 1999 February 3, 1999 December 9, 1998 Planning Commission Meeting October 27, 1999 COMMISSIONERS PRESENT: Bert Quintanilla, Chairman Ron Guzman, Vice Chairman David Berlanga William J. Kelly Shirley Mirns* Elizabeth Chu Richter Brooke Sween-McGloin David Underbrink COMMISSIONERS ABSENT: Danny Noyola STAFF PRESENT: Michael N. Gunning, AICP, Director of Planning Lucinda P. Beal, Recording Secretary Robert Payne, AICP, Senior Planner Miguel S. Saldana, AICP, City Planner Harry J. Power, City Planner Faryce Goode-Macon, City Planner Jay Reining, Assistant City Attorney Doyle Curtis, Assistant City Attomey Leo Farias, P.E., Special Services Engineer COMPREHENSIVE PLAN AMENDMENTS AND PROPOSED ZONING ORDINANCE TEXT CHANGES 104 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17,2000 Page 7 Continuation of the Gardeudale Southside Area Development Plan Amendments and the Proposed "B-IA" Neighborhood Business District Public Hearing Conunissioner Guzman stated that he needed to abstain from participation on agenda item and left the room. Mr. Payne outlined changes made to the "B-lA" District as requested by the Conunission at the previous meeting: . A 100-foot frontage width requirement for lots converting from residential to business. 20% parking discount 20- foot setback requirement . . Mr. Payne stated that the "B-IA" District is designed to be as sensitive to the adjacent residences as an "AB" Professional Office District while at the same time allowing low traffic generating businesses that would be allowed in a "B-1" District. He stated that he believed the "B-IA" District would be appropriate for the Gardendale area. Chairman Quintanilla opened the public hearing. Rob Rudine, property owner in Gardendale, stated that he agreed with Mr. Payne regarding the plan. Mr. Rudine stated that he, other residences, and Staff comprontised when developing the "B-IA" District and stated that he believed the plan would work for the Gardendale area. He asked the Conunission to recommend adoption of the plan to City Council. Carol Norrell, 5233 Williams, stated that she supports the plan, however, believes that the same FAR should be allowed on either side of Williams Drive. At the present time, the proposed plan designates .50 for the south side and .30 for the north side. Mr. Norrell stated that she believed a lower FARon the north side ofWilliarns Drive would restrict her ability to convert or sell her property. Chairman Quintanilla closed the public hearing. After discussion regarding the allowable FAR for each side in Gardendale, Conunissioner Richter requested that the FAR be identical on the north and south sides of Williams Drive. Conunissioner Richter stated that she would like to review the application of the Option 2, as presented previously, for consideration in other neighborhoods. Motion by Underbrink, seconded by Sween-McGloin, to recommend the creation of the '''B-IA'' District to City Council and to include changing the FAR on the south side of Williams Drive to 0.50. Motion passed unanimously with Guzman abstaining and Noyola being absent. Motion by Sween-McGloin, seconded by Richter, to apply the "B-lA" District to the Gardendale subdivision and amend the Southside Area Development Plan. Motion passed unanimously with Guzman abstaining and Noyola being absent. Motion by Richter, seconded by Kelly, to create a district with mixed uses as illustrated in Option 2. Motion passed unanimously with Guzman abstaining and Noyola being absent. 105 1 AN ORDINANCE AMENDING THE SOUTHSIDE AREA DEVELOPMENT PLAN, AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; BY AMENDING THE POLICY STATEMENTS TO INCLUDE NEW STATEMENTS B.9, B.10, B.11, C.5, 0.12, & 0.13 RELATING TO RECOMMENDED LAND USES, TRAFFIC CALMING DEVICES, PARK IMPROVEMENTS, & INCREASED CODE ENFORCEMENT; AND BY AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ATTACHMENT C WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the amendment of the Southside Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27,1999, during a meeting of the Planning Commission, and on Tuesday, January 25,2000, 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 these amendments 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 Southside Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, is amended by amending the policy statements to include new statements B.9, B.10, B.11, C.5, 0.12, & 0.13, relating to recommended land uses, traffic calming devices, park improvements, & increased code enforcement, to read as follows: HoILEG-DIRIVERONICA IDDCURTISIMYDOCS\2000\P&ZONlNG.28\Z 12AB IA 7 .DOC Last saved by Doyle Curtis. Legal on OU19/00 at 4:47 P.M. 106 2 "SOUTHSIDE AREA DEVELOPMENT PLAN AMENDMENTS SOUTHSIDE AREA DEVELOPMENT PIAN GARDENDALE NEIGHBORHOOD January 25, 2000 ^ City of ~.,.~ Corpus =- = Chnstl - Amendina the Southside Area Deyelocment Plan Policy Statements to include new Policy Statements B09. B.10. B.11. C05. 0012 and 0.13. PLANNING DEPARTMENT" H:\LEG-DIR\ VERONICA\DDCURTIS\MYDOCS\20OO\P&ZONING.28\Z 12AB 1 A 7 .DOC Last saved by Doyle Curtis. Legal on 01/19/00 at 4:47 P.M. 107 3 "POLICY STATEMENT Bo 9 Rezone residentiallv zoned DroDerties on Williams Drive and Hollv Road between StaDles Street and Everhart Road to a nei!!hborhood commercial district consistent with street traffic carrvin!! caDacitv and Drotection of the abuttin!! residential nei!!hborhoodo The intensity of neighborhood commercial uses on Williams should be graduated from the high commercial intensity of Moore Plaza to the single-familv residential uses of the Gardendale neighborhood. adiacent to Williams Drive. In the conversion of residential to non-residential uses along Williams, primary consideration should be given to maintaining traffic volumes that do not exceed safe operational standards. Hollv Road is a maior arterial between Everhart and Staples and will carry a sianificant volume of traffic supportive of hiaher intensity uses. Anticipated office and commercial development on Hollv could neaativelv impact those sinale-familv residences behind Hollv Road on Cain Street. Anv commercial rezonina should reduce the impact of expected future development and protect and preserve the residential uses in the Gardendale Neiahborhood. Design obiectives for a low intensity/neighborhood compatible commercial district are summarized as follows: · Limit the intensity of commercial land uses so as to control related traffic volumes and maintain traffic flow on Hollv and Williams Drives not to exceed LOS D standards. · Allow office and commercial development on Williams and Holly Roads, but prohibit those land uses typically found in the B-4 zoning district which are most offensive to residential properties. · Create a unique mixed-use district compatible with adiacent residences bv limiting allowable uses to primarily professional office, specialty retail and residential uses on Williams DriYe. · Maintain a scale of development compatible with adioining residential uses by graduating the allowable building height on Williams and Hollv. · Because of the large size oflots on Williams and Holly. rep!atting of multiple lots mav occur and result in various lot sizes throughout the district. Maintain minimum lot sizes and frontages. · Create an effective buffer between Gardendale residential uses and commercial or office uses fronting Williams and Hollv by requiring additional rear yard setbacks, a screening fence and a rear yard tree canopy. · Require all exterior lighting fixtures to be directed awav from residential properties." H:\LEG-DIR\ VERONICA IDDCURTISIMYDOCS\2000\P&ZONlNG.28\Z 12AB lA 7 .DOC Last saved by Doyle Curtis - Legal on Ol/19/00 at 4:47 P.M. 108 4 . "POLICY STATEMENT RIO Preserve and protect the residential nature of tbe Gardendale Nei!!hborhood from Curtis Clark south to Cain Drive and from Everhart east to Stapleso a) Prevent the develoIlment of non-residential uses into the interior of the nei!!hborhood: and b) Limit intrusion of new commercial or expansion of existing commercial development along the western and eastern edges of the neighborhood parallel to Everhart and Staples Streets (See Policy Statement B.II). POLICY STATEMENT B011 Limited commercial eXDansion will be allowed alona the west and east sides behind the StaDles Street and Everhart Road commercial corridors. Sensitivity to the remainina residential neiahborhood will be achieved bv limitina exoansion of commercial develooment to the followina conditions: a) Total depth of commercial development between the street row line (Staples or Everhart Road) and the neighborhood shall generallv not exceed 300': b) require replatting to combine lots with lots accessing Staples Street or Everhart Road: c) commercial retail drivewav access shall be restricted to Staples Street or Everhart Road: d) a standard screening fence and tree planting buffer will be required between the commercial properties and the remaining residential neighborhood. This buffer will be consistent with the requirements in the "B-IA" Neighborhood Business Zoning district: and e) Implementation of this policy should be on a case by case basis through special permit and replatting process. iL POLICY STATEMENT C.s Where Nelson, Betty Jean, Burton. Curtis Clark. Bonner. or Cain Streets. satisfy the minimum elil!:ibilitv criteria identified in the City's Traffic Manal!:ement Prol!:ram. the City mav. at its discretion. wave cost participation requirements assil!:ned to subdivision residents for the placement of traffic calminl!: deviceso These devices mav include speed humps and I or traffic diverters." H:ILEG-DIR\ VERONICA IDDCURTlSIMYDOCS\2000\P&ZONING.28\Z 12AB I A 7 .DOC Last saved by Doyle Curtis - Legal on 01/19/00 at 4:47 P.M. 109 5 "POLICY STATEMENT Do12 Tan!et funds for public imnrovements in Gardendale Park. The Gardendale Park was dedicated in 1941 and is the onlv Dark accessible bv neighborhood residents without crossing a maior. Identified imorovements include: a) Paved oarking area accessible from Betty Jean Drive and/or Hollv Road: b) Trees around the oerimeter of the oark: c) Basketball court: d) Park Security Lighting: e) Swings and olavground equioment for children: fl Bar-b-Oue facilities and seating: g) Temoorary seasonal restroom facilities. POLICY STATEMENT Do13 Increase Code Enforcement efforts in the Gardendale Neighborhoodo The City should facilitate the formation of a Neighborhood Association to monitor housing and business conditions. sanitation. brush oickup. and animal control oroblems. as well as identify and report: a) Code violations: b) Structures that should be demolished: c) Structures that are in a deteriorated condition. but could be rehabilitated and brought uo to code: d) Non-conforming land uses: e) Solutions to code enforcement problems: and fl Recommendations for the cleaning of streets with excessive litter and trash. " SECTION 20 That the Souths ide Area Development Plan Future Land Use Map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, is amended by adding the map attached hereto as Exhibit "A." SECTION 30 That the Southside Area Development Plan and Future Land Use Map, elements of the Comprehensive Plan of the City of Corpus Christi, Texas, 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 40 That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. H:ILEG-DlR\ VERONICA IDDCURTIS\MYDOCS\2000\P&lONING.28\Z 12AB lA 7 .DOC Last saved by Doyle Curtis - Legal on 01/19/00 at 4:47 P.M. 110 6 SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. 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. H,ILEG-DlRIVERONICAIDDCURTISIMYDOCS\2000IP&ZONING.28\Z 12AB I A 7 .DOC Last saved by Doyle Curtis - Legal on 01/19/00 at 4:47 P.M. 111 EXHIBIT "A" "" <I> - <:C ::n -0 => +- /7 <I> -0 c:. <I> -0 "" .D .I ~. .;s . . ~i! .. .-=- ....- s"-'ar ~~..;:=: :!. Uy " ti~j. !. . 1Jl' ~~jm ....) ~i".1 ; ~ . I g. ~ . ~ ~ :::~: - --~-s:- ~. ~. .~ ~!'~g ... . ;' "'" ~. .- .. . -- ....i... -It ll.dllsk! ~ . " . F v. u-i; ::g ~.~ ~-&. " . b'~ "- i.; '~'l! ~J fi o V > . ,u " s " ~ ~- o ~ ;; g . ~ " ~ ~- '.6 ~ .l. .! "" ':;0; ;~ ~:;l I~ =.B i~ .: <::~ ~j ~~ "i!-.r ~] :as --, ~-~ ZG in ,,,,., 113 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-1 A" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- 1A" TO THE DISTRICTS ELGIBLE FOR HEIGHT MODIFICATIONS IN SECTION 27-2.02; AND BY AMENDING ARTICLE 27B. LANDSCAPE REQUIREMENTS BY AMENDING SECTION 27B-7 STREET YARDS BY ADDING B-1A TO THE ZONES LISTED IN PARAGRAPH B OF SECTION 27B-7.01; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ATTACHMENT D WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27, 1999, during a meeting of the Planning Commission, and on Tuesday, January 25,2000, 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 by adding Article 12A. B-1A Neighborhood Business District, to read as follows: "ARTICLE 12Ao "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section 12A-1 The reaulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the reaulations in the "B-1A" Neiahborhood Business District. The ouroose of this district is to create a pedestrian oriented neiahborhood with comoatible commercial uses, preserve community aesthetics alona city streets, and to protect and enhance traffic flow on city streets. This district orovides orimarilv for retail shoooina. oersonal service and office uses for a sinale lot or multi-lot develooment to serve the needs of a residential neiahborhood. This district is intended for use where conversion of residential uses to non-residential uses is occurrina on arterial and collector streets. This district is aenerallv not intended for use where the onlv H:ILEG-DIR\ VERONICAIDDCURTISIMYDOCS\2000\P&ZONING.28\z 12AB IA8.DOC Last saved by Doyle Curtis. Legal. on 01119/00 at 5:15 P.M. 115 2 access will be a local residential street. Uses not expresslv permitted in this ordinance are not allowed. Section 12A-2 Use Reaulations. A buildina or premises shall be used onlv for the followina or similar purposes: (1) Single-family dwellinas other than manufactured homes. (2) Two-family dwellinas. (3) Multiple-family dwellinas. (4) Offices - medical and non-medical offices, provided no machinerv or eauipment shall be contained in a manufactured or modular structure. recreational vehicle. or trailer. (5) Clinics (6) Child care homes (7) Child care centers - Outdoor plav areas abuttina residential uses shall be screened with siaht obscurina fence, wall. or hedae with a heiaht of not less than six (6) feet. (8) Adult day care centers (9) Public infrastructure, utilities, and accessories, not includina electrical transfer stations or solid waste transfer stations. (10) Personal services a. barber shops. b. beauty or hair stvlist shops, c. banks (no drive-throuah teller windows). d. COpy shops, e. photoaraphic or artists' studios includina the teachina of art, music, dancina or other artistic instruction, f. messenaer services, newspapers or telearaphic service stations, a. drv c1eanina receivinastations (pick-up/drop-off onlv) h. custom dressmakina and tailorina not involvina a factorv, i. shoe repair. i. household appliance repair and small enaine repair (not to exceed five (5) horsepower), k. self-service laundries I. custom c1eanina shop not involvina bulk or commercial type plants, m. household furniture upholsterv shop accessorv to retail furniture sales. H:\LEG-DIR\ VERONICAIDDCURTlS\MYDOCS\2000\P&ZONlNG.28\Z 12AB I A8.DOC Last saved by Doyle Curtis, Legal, on 01/19100 at 5:15 P.M. 116 3 (11) Restaurants without alcoholic beveraaes. (12) Retail- retail sales includina: a. florist shops and areenhouses in connection with such shops. b. household convenience shoppina items: c. additional uses mav also include merchandise displav rooms, d. automotive parts with no service bays. e. Excluded uses: pawnshops. Iiauor store. fuelina. wholesale on-site slauahterina of animals, nor shuckina of oysters or processina of fish. (13) Parkina lots (14) Accessory structures and uses not includina outside storaae and outside sales areas. Section 12A-3 Sian Reaulations. 12A-301 Detached/freestandina sians: a) One on-premise detached/freestandina or monument sian. excludina directional sianaae, for each street frontaae alona an expresswav, frontaae road, arterial. or collector street. b) The permitted sian area of thirtY (30) sauare feet per sian or one- auarter (1/4) sauare foot for each linear foot of frontaae alona an expresswav. frontaae road. arterial. or collector street. whichever is areater. In no event shall each sian exceed a sian area of fifty (50) sauare feet. c) Each sian may be permitted a heiaht not to exceed fifteen (15) feet. d) Sians must maintain a setback of at least ten (10) feet from all abuttina public riahts-of-wav lines. e) Each detached/freestandina sian must be oriented toward the expressway. frontaae road. arterial. or collector street and away from the local residential street. 12A-3.2 Wall sians are permitted in addition to the detached/freestandina sians provided they comply with the followina conditions: a) Sian must be attached flat aaainst the wall of the buildina, must not proiect H:\LEG-DIRIVERONICA IDDCURTISIMYDOCSI2000\P&20NlNG.28\Z t2AB I A8.DOC Last saved by Doyle Curtis, Legal, on 01/19/00 at 5:15 P.M. 117 4 more than eiahteen (18) inches from the wall of the buildina and must not oroiect above the eave or oaraoet of the buildina. b) One sauare foot of sian area for each linear foot of wall frontaae with a door for public use. c) The wall sian must not face the adiacent residentially zoned orooerty, unless the sian is at least fifty (50) feet from the orooerty line or the adiacent orooerty is develooed with nonresidential use and shall not utilize or incoroorated f1ashina, movina or intermittent illumination. 12A-303 Illumination of sians: Illuminated sians shall be internally illuminated or backlit. 12A-3.4 Roof and oortable sians are not oermitted. Section 12A-4 Parkina Reaulations. The oarkina reaulations for oermitted uses are contained in Article 22. and in addition the followina reaulations shall aooly: 12A-4.1 Shared Access and Parkina: City shall allow a twenty (20) percent reduction in the reauired number of oarkina soaces for a oremises served by a shared access and oarkina aareement. if each aareement results in a reduction of allowable driveway aooroaches. The aareement must comoly with Section 22-3.02. In the event the aareement is terminated, each develooment must comoly with the oarkina reauirements in force at the time of termination. The aareement must be filed in the Nueces County Deed records. Section 12A-5 Off-street Loadina Reaulations. The off-street loadina reaulations for oermitted uses are contained in Article 23, and in addition the followina reaulations shall aooly: 12A-5.1 Delivery and loadina areas shall not be located within fifty (50) feet of a orooerty line abuttina a residential district. Section 12A-6 Heiaht and Area Reaulations. The heiaht. area. and bulk reauirements shall be as set forth on the chart in Article 24. Section 12A-7 Supplementary Heiaht and Area Reaulations. Supplementary Heiaht and Area Reaulations are contained in Article 27. Section 12A-8 Supplementary Landscapina Reaulations. In addition to the landscaoe reauirements in Article 278. the followina supolemental reaulations shall apply: 12A-8.1 Landscaoina shall be required for existina structures when convertina H:\LEG-DIR\ VERONICAIDDCURTIS\MYDOCS\2000\P&ZONlNG.281Z llAB IA8.DOC Last saved by Doyle Curtis, Legal, on 01/19/00 at 5:15 P.M. 118 5 from a residential use to a non-residential use reaardless of any chanae in vehicular uses areas. 12A-8.2 Multiple-family residential. office or commercial uses backina UP to a sinale-familv residential district shall reauire canopy trees to be planted on 30' centers and with a minimum caliper of 2" alona and inside the reauired rear setback. but not within a utility easement. 12A-803 Reauire tree plantinq at 30 foot center in all front yards 12A-8.4 Increasina the landscapina points to 0.04 points per square foot of street yard as outlined in Section 278-7 (not includina supplementarv requirements) would allow an increase in the Floor Area Ratio bv 0.1. Section 12A-9 Supplementary Site Desian Reaulations. 12A-9.1 All exterior liqhtina shall be directed and shielded away from adiacent residences and public riahts-of-wav. 12A-902 Restaurants in this district shall not have drive-throuah windows and must have direct access to an expressway. frontaqe road. or arterial. with no direct access to a collector or local street. The kitchen, service area. trash receptacles, or qrease traps must be no closer than fifty (50) feet from any adiacent residential district. 12A-9.3 Hours of operation includina loadinq and unloadina of supplies or merchandise for commercial uses shall be limited between the hours of 6:30 a.m. and 10:00 p. m. when abuttina a sinale-family residential district. 12A-9-4 A six (6) foot hiah masonry fence shall be reauired where abuttina a residential district." SECTION 20 That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 3. Definitions by adding Section 3-1.01 (c), to read as follows: "ARTICLE 3. DEFINITIONS ***** "3-1.01!c) Adult Dav Care Facility. A facility that provides care or supervision for five or more persons 18 years of aae or older who are not related bv blood. marriaae, or adoption to the owner or operator of the facility. whether or not the facility is operated for profit or charaes for the services it offers. H:ILEG-DIRIVERONICAIDDCURTISIMYDOCS'2000\P&ZONING.28\Z 12AB IA8.DOC Last saved by Doyle Curtis, Legal, on 01/19/00 at 5:15 P.M. 119 6 (j) This use mav include an outdoor recreation area and separate access from the main buildina to the recreation area. (ij) This use must complv with statutorv licensina reauirements. (iij) The persons beina cared for or supervised under this use mav not use the facility as a residence." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 24-1 by placing a row for the "B-1A" Neighborhood Business District between the "AB" Professional Office District and the "B-1" Neighborhood Business District to read as follows: "ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other articles contained in this ordinance. ***** Maximum Minimum Minimum Maximum Maximum V,.. Minimum Minimum Height Oepthof Side.. and Sq. Feet Aoo, Number of Opon Space Lot Area Minimum Article District Front RearYillrds Floor Area A.., Units Per Space Between In Lot Width Feet Storie Yard in in Feet Per Acre of Factor Acre of Lot (In%ol Buildings Sq. Feet in Feet . F..t L.ot Area A.., Total Lot IS.. (Acres) Area) Sec. 27. 3.01.03) 12A "B-1A" 36' unless 20' a'unless 26.14D sq. ft With colleetot or higher access With arterial or 20% 0 10,000 '00' C.S; exdu$ive access from a Neighbo adjacent to adjacent to a local slreet lhen 0.3 higher access mood residential district residential 36 units per Busines Ihen26' district then a acre, otherwise , '0' side yard 14.52 units per and a 1S'rear ''''' yard setback " Ho\LEG-DIRIVERONICA IDDCURTISIMYDOCS\2000\P&ZONING.28\Z 12AB I A8.DOC Last saved by Doyle Curtis, Legal, on OI/l9/00 at 5:15 P.M. 120 7 SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27-2.02 (by adding "B-1A" to the districts eligible for height modifications), to read as follows: "ARTICLE 27. SUPPLEMENTARY HEIGHT. AREA AND BULK REQUIREMENTS ***** "Section 27-2 Modification of Heiqht Requlations ***** "27 -2002 Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in an "R-1A", "R-1B", "R-1C", "R-2", "A-1", "A-1A", "A-2", "AB", "B-1", or "B-1 A" District may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located." ***** SECTION 50 That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27B-7.01.B. (by adding "B-1A" to the list of zones), to read as follows: "Section 27B-7 - Requirements for All Street Yards: "27B-7.01 The following landscape requirements shall be achieved for each respective zoning category, except for single and two-family dwellings, schools, colleges, churches, public buildings, public and private parks, golf courses, and other similar public and semi-public uses. Required landscaping for the above uses, excluding single and two-family dwellings, in any zoning district shall be achieved per Section 27B-9.A.3. * * * * * "B. "AS", 118_1".\, uB-1A", "B-3", "B-4", "8_5", IIB_6" ZONES The minimum required landscaped area is 15 percent of the total street yard. The street yard shall be landscaped with plant material to achieve a minimum of 0.02 points per square foot to total street yard area." H:\LEG-DIR\ VERONICA \DDCURTISIMYDOCS\2000\P&ZONrNG.28\Z 12AB IA8.DOC Last saved by Doyle Curtis, Legal, on O1l19/00 at 5:15 P.M. 121 8 SECTION 60 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 7. 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 80 That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 9. Iffor any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 100 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. H:\LEG-DIR\ VERONICAIDDCURTISIMYDOCS\2OQO\P&ZONlNG.281Z12AB I A8.DOC Last saved by Doyle Curtis, Legal, on 01/19/00 at 5:15 P.M. 122 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 25, 2000) Case No. 1299-2. Jonnv Salomonsen: A change of zoning from an "R-IB" One.family Dwelling District to a "T-IB" Manufactured Home Park District on Flour Bluff and Encinal farm and Garden Tracts, Section 52, being 8.01 acres out of Lot 17, located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard. Planninl! Commission and Staff's Recommendation: Denial of the requested "T-lB" District, and in lieu thereof, approval ofa "T-IC" Manufactured Home Subdivision District. Requested Council Action: Denial of the requested "T.IB" District, and in lieu thereof, approval of a "T-IC" Manufactured Home Subdivision District and adoption of the ordinance. Purpose ofReauest: To locate a manufactured home on the subject property. Summary: The applicant has requested a change of zoning to "T -I B" Manufactured Home Park District in order to locate a manufactured home on the subject property. The subject property consists of 8.01 acres out of a 20-acre platted lot owned by the applicant. Although the applicant has proposed to construct a future permanent single- family residence within the platted lot in the interim, the applicant wants to install a manufactured home on the subject property to use as a principle residence. A "T.IB" District requires a minimum area of 5 acres and permits 12 units per acre on a lot. Currently, Waldron Road, an arterial, is only improved to a rural street standard. The subject property is situated (outside NAS Waldron Air Field) Accident Potential zones that limits residential density. A manufactured home park or multiple. family development would not be appropriate until such time there is improved street access and water, wastewater, and drainage infrastructure has been installed. Since the applicant's intention is to place only one manufactured home on the subject property, a "T-IC" Manufactured Home Subdivision District would be more appropriate. The "T- I C" District permits only one home per lot, whether the lot is 4,500 square feet or twenty (20) acres. If the applicant or future owner decides to place more than one manufactured home or add a second permanent residence on the property, a replat of the subject property would be required along with providing the infrastructure to support the planned use. The Flour Bluff Area Development Plan recommends the area to develop with low.density residential. The adjacent roadway, although designated as an arterial, is currently improved as a rural street section. Notification: Prior to the date of this memorandum, five (5) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and two (2) were returned in opposition. The 20% rule will be in effect. ~ AI 4-.-. ( ) Michael N. Gunning, AICP Director of Planning MGIMS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances H:\PLN-DIRIERMA \ WORDlAGENDMEMlI2992AGN .DOC Pages Page Page Pages 2-9 10 11 12-15 123 / CITY COUNCIL ZONING REPORT Case Noo: 1299-2 Planning Commission Hearinl!: Date: December 8, 1999 Map Noo: 112-15 Applicant: Jonny Salomonsen Lel!:al DescriptionlLocation: Flour Bluff and Encinal Farm and Garden Tracts, Section 52, 8.01 acres out of Lot 17, located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard. Area of Request: 8.01 acres Lot(s) Area: 20.00 acres Current Zoninl!:: "R-IB" One-family Dwelling District Request: "T-lB" Manufactured Home Park District Current Use ofPropertv: Undeveloped land. Purnose of Request: Locate a manufactured home on the subject property . Zoning Change Requested Due to Notice of Violation: Not applicable, Adiacent Zoninl!:: North, South, East - "R-IB" One-family Dwelling District West - "F-R" Farm-Rural District Adiacent Land Use: North, South, East - Undeveloped land. West - (across Waldron Road) Manufactured home park and undeveloped land. 124 z, Zoning Report Case No. 1299-2 (Jonny Salomonsen) Page 2 Number of Residential Units Allowed: "R-IB" - 58 units (7.26 dwelling units per acre) "T-IB" - 96 manufactured homes (12 manufactured homes per acre) Estimated Traffic Generation: Mobile home park - 4.81 average weekday vehicle trip ends per manufactured home x 96 manufactured homes = 462 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Waldron Road - collector Ril!ht-of-Wav Desil!n Current: a) 60-foot right-of-way with a 22-foot wide rural paved section. Planned: a) 60-foot right-of-way with a 40-foot back-to-back paved section. 1996 Traffic Count (24-hour. weekdav. non-directional): a) 470 vehicles per day. Zoninl! Historv of Prooertv: There has been no rezoning activity within the past five (5) years. Recent Surroundinl! Zoninl! Cases: In July 1996, Lot 13, located on the east side of Waldron Road and north of Yorktown Boulevard and the subject property, was denied a change of zoning to an "1.2" District, but was granted a Special Permit for boat barns and caretaker's quarters. Zoninl! Inventorv: The subject property is part of a larger tract of land zoned a "R-IB" District which is mostly undeveloped with scattered single-family residences and a Naval Air Training Field. East of the subject property is a 13.32.acre tract ofland zoned an "F-R" District with two (2) single-family homes. Another 293.97-acre tract of land. also zoned an "F-R" District, located to the west of the subject property, predominantly undeveloped, contains a manufactured home park and a church on the east end. North of the subject property and Yorktown Boulevard, there are two (2) tracts (17.72 acres total zoned a "B-3" District of which 10 acres are developed with a feed store, a boat storage 125 d Zoning Report Case No. 1299-2 (Jonny Salomonsen) Page 3 and a mini-storage with boat storage. Between these "B-3" zoned tracts is a vacant 2.49-acre tract zoned an "1-2" District. Planninl! Staff Analvsis: . General Characteristics and Background: The applicant has requested a change of zoning to "T-1B" Manufactured Home Park District in order to locate a manufactured home on the subject property. The subject property consists of 8.01 acres out of a 20-acre platted lot owned by the applicant. Although the applicant has proposed to construct a future permanent single-family residence within the platted lot in the interim, the applicant wants to install a manufactured home on the subject property to use as a principle residence. A "T-1B" District requires a minimum area of5 acres and permits 12 units per acre on a lot. Currently, Waldron Road, an arterial, is only improved to a rural street standard. The subject property is situated (outside NAS Waldron Air Field) Accident Potential zones that limits residential density. A manufactured home park or multiple-family development would not be appropriate until such time there is improved street access and water, wastewater, and drainage infrastructure has been installed. Since the applicant's intention is to place only one manufactured home on the subject property, a "T-IC" Manufactured Home Subdivision District would be more appropriate. The "T-1C" District permits only one home per lot, whether the lot is 4,500 square feet or twenty (20) acres. If the applicant or future owner decides to place more than one manufactured home or add a second permanent residence on the property, a replat of the subject property would be required along with providing the infrastructure to support the planned use. The Flour Bluff Area Development Plan recommends the area to develop with low-density residential. The adjacent roadway, although designated as an arterial, is currently improved as a rural street section. . Conformity to the Comprehensive Plan and Land Use Compatibilitv: Overall, the Comprehensive Plan can support the requested "T-1B" District because of its dirc,.~t access to a collector street. The Flour Bluff Area Development Plan recommends the area to develop with medium density single-family residential with a density of up to seven (7) units per area. A "T-IB" District permits a density of twelve (12) units per acre which is not consistent with the Plan's recommended density. A "T-1C" District permits a density of8 units per acre which is consistent with the existing "R-IB" District and the Plan's recommended land use density. . Potential Housing Densitv: An "R-1B" District permits a density of7.26 dwelling units per acre or 58 units on the subject property. The "T-lB" District permits a density of 12 manufactured homes per acre or 96 homes on the subject property. A 'T-IC" District allows a density of 8 manufactured homes per acre or 64 homes. The "T-1C" District is more compatible with the surrounding "R-IB" District. . Height/Bulk/Setbacks/Etc.: An "R-IB" District requires a front yard setback of25 feet with a side and rear yard setback of five (5) feet each. A "T-1B" District does not require a front yard setback other than that no home can be closer than five (5) feet from any access drive. 126 4- Zoning Repon Case No. 1299-2 (Jonny Salomonsen) Page 4 It does require a minimum side-to-side clearance of twenty (20) feet between manufactured homes and a end-to-end clearance of ten (10) feet. The side-to-side clearance may be reduced to ten (10) feet when setback from an open carport or porch. The "T -1 C" District requires a front yard setback of twenty (20) feet, a rear yard of ten (10) feet and a side yard setback of six (6) feet provided the total side yard setback is not less than twenty (20) feet. The "R-lB" District limits the building height to 35 feet not to exceed three (3) stories. Both the "T-IB" and "T-IC" Districts do not have building height limitations. . Silmage: An "R-IB" District permits one wall sign not to exceed one square foot. A "T-IB" District permits one wall sign not to exceed fifteen (15) square feet. The "T -I C" District permits one wall sign not to exceed four (4) square feet. The amount of sign area permitted in the 'T-IC" District is consistent with that of the "R-lB" District. . Traffic: A manufactured home park on 8.01 acres could generate approximately 462 daily vehicle trip ends. Single-family development on the subject property would generate approximately 580 daily trip ends. Although the manufactured home park generates less traffic than the single-family development, the single-family development would require replatting and ensure that adequate infrastructure was in place. . Parking/Screening: Single-family residential and manufactured home subdivision are required to provide at least two (2) off-street parking spaces per lot. A manufactured home park is required to provide 1.5 off-street parking spaces per manufactured home. A 96-unit manufactured home park would be required to provide 144 parking spaces. Since the applicant proposes to place only one manufactured home, only two (2) off-street parking spaces will be required. Single-family residential development is not required to provide a screening fence. Both the "T -1 B" and "T -I C" Districts are required to provide a standard screening fence along its perimeter. The screening fence will be required during the construction phase. . Costs to City: Development of the subject property will be at the applicant's expense. No cost to the City is anticipated. . Platting: The subject property is a platted lot and further replatting is not required. Pros: (Ideas in support ofthe request.) a) The subject property has direct access to a collector without traversing a residential area. Cons: (Ideas in support of maintaining the current zoning or an alternate zoning.) a) The impact of the requested "T-IB" District on the infrastructure would not be acceptable. b) A "T -1 C" District would permit the applicant the proposed single manufacture home while not allowing additional manufactured homes. 127 ...s- Zoning Report Case No. 1299.2 (Jonny Salomonsen) Page 5 Staff Recommendation: Denial of the "T-lE" District, and in lieu thereof, approval of a 'T-IC" Manufactured Home Subdivision District. Attachments: Zoning and Ownership Map Ownership List Flour Bluff Area Location Map H:\PLN-DtR\ERMA \ WORDIZONRPTS\129902RE.DOC 128 ~ ""-,,- '''-~~R-1 B ~, '" ~~" '~'" /'" .~, '" }~l. ~~.f , <' , F-R B-3jSPj96-09 ..", B ," R-1 "-, 1/.,1:- '-"-,_ 'eta ',,- SEe " '~, -- "., / I /:2: I I I ,/, i', / A-1 /~ SUBJECT ~ARCEl SEa $2 '~ "-'~,,"- TRA Il BLAZER , / F-R / I / 2 I / / ./---., 5i ,~ R-1B F-R "~, ..... "- , " / " / R-1 B ,--- X. 31 YORKTOWN HEIGHTS ANNEX , F-R " . - Property Owner in Favor FLOUR BLUFF & ENC I NAL FARM & GARDEN TRA X Property Owner Opposed See Comments on Pagels) /0 1 ~ Nov 19. 1999 - RP ~-.;.1 (0 300 A.50 t'l I ! CASE Zl299-2 ~ wa CQ Owners within 200 feet I isted on attached ownership list ~, it r:urU> 1_ 'f'" - .~ - '- . Subject property 129 r- I NU157-A JOII14Y SALOMONSEN CITY OF CORP- CHRISTI CASE NO.: 21299-2 8033 S. PADRE ISLAND DR. PLANNING OF TMENT DATE: 11 09 9' #2204 78412 LIST TO ACCOMP. THE LABELS PAGE: 2 AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 1 11 247600512400 BRANDON MARY E AND ROBESPEAR 6310 SEAMIST FLOUR BLUFF & ENC FRM GDN TRACT LT 24A SEC 51 1 21 247600512450 PRICE KATHERINE HOYT ANN GRADY BLOUNT II 58 CAMDEN PL FLOUR BLUFF 6 ENC FRM GDN TRACT 9.9128 ACS OUT OF S/2 LT 24 SEC 51 SUBJECT 1 1 247600520170 BROOKE SHERRY SIGLER P.O. BOX 637 PROPERTY FLOUR BLUFF & ENC FRM GON TRACT 20 ACS OUT OF LT 17 SEC 52 1 31 247600523100 HAWN GEORGE S AND ALAN F LUCKE,TRUSTEES 101 N SHORELINE FLOUR BLUFF & ENC FRM GDN TRACT LTS 31, 32, & 33 SEC 52 1 41 880 900010 020 BUSSARD MARSHALL J 4101 WALDRON ROAD TRAIL BLAZER ADD 3.358 ACS OUT OF LT 2 BK 1 [ 51 247600520170 BROOKE, SHERRY SIGLER P. 0. BOX 637 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, 11.99 ACS OUT OF LOT 17, SEC. 52 SUPERINTENDENT o FLOUR BLUFF I.S.D. 2505 WALDRON ROAD COMMANDING OFFICER CODE 183 NAS CORPUS CHRISTI 11001 D STREET, STE 78418 143 78419-5024 CALL MARIA - NAS (961-2159) CITY/ST ZIP CORPUS CHRISTI TX 78414 CORPUS CHRISTI TX 78412 WIMBERLELY TX 78676 CORPUS CHRISTI TX 78401 CORPUS CHRISTI TX 78418 WIMBERLY TX 78676 FLOUR BLUFF AREA LOCATION MAP CORPUS CHAISTI BA" au_ ~, IIIIlCItU'f'O'I --~I. .....~_... ___ __I ,,- _ _~, SEEAPF'ENOIX "A-FQR PQINTSQFREFERENCENAMES ___ _..~- -:'"' DMI~"".D"\ , r ___~ ___. 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"'!1 I: i? .-. ~ ~......L,. r-:-"-,...,'i't\ \\ 0 0..0 ~". ____.i...-~.:_..,D''--' - -.....1\V) \ ~ b ~-W .,;;' .; d d) .~. 0 3=.l ~;..-, i:"l". ~\ o 1,01 =-'~ ..~~. m-f - . ~<::1 =~rc: - ..rr- c, '\~" ~/~~~i ~ )' Ji;) -"- ~b LI Plilliil 1 h::'i:-f-d!D .0. 1 \J~; .~01~\11I~:1~~' ) 0, I .c A...tl.ld AJI. \ V ( /..-:~ . ...l.G\. , , .. _ _~ .. 0IVIl~ ;1 , V ~ >-< Z ('/)U-~~ I (OJ! ') $,\ '\ ~ 1I~.1) I ~"" II \\ V 1 \' " _~~L : YORKTOWN BLVD. \ I. (1-;-' , ') \ '~S1Ti .~ ~- ~ I ~ \~n G ~...... ... ~ Jft;J coou<<>:"""'" "'-, lb.=~" I-r.." 000 C." "." i 'i\ '\ \ .___......_.-. I I ,\ it co \ \0 i\..w--------:,-:=-:$.--;L I 0 ~...- ~ 'I!;:;lI.lIIJIP"."".~".1'II11'.~.","~ lIMO UItCH O.C.L ! POINTS OF REFERENCE LEGEND ~ ., o .. " 0= D O~ .. " . ~ .. ~ ~I.A....,..a OC~T UPdlI8d 3196 Zoning Case No.: Z1299-2 Applicant: Jonny SaIomonsen 131 q COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-2 Jonny Salomonsen . - Favor )(' - Opposed (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200- foot notification area: Favor: None. Opposition: 3) Ben Wallace on behalf of George S. Hawn and Alan Lucke, Trustees, 101 N. Shoreline, Ste. 600 No written comment. 4) Marshall J. Bassard, 4101 Waldron Road "I built my home there because I understood a trailer village could not be built in this vicinity. My security will be compromised and it will depress property values. We chose farm-rural for good reasons to avoid this possibility." II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DlRIERMAIWORDICOMMDA T AI12992COM.DOC 132 Ie. Planning Commission Minutes December 8. 1999 Jonny Salomonsen: 1299-2 REQUEST: "R-IB" One-family Dwelling District to "T-IB" Manufactured Home Park District on Flour Bluff, Encinal Fann and Garden Tracts, Section 52, 8.0 I acres out of Lot 17 and located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The area to the north, south, and east are zoned "R-IB" One-family Dwelling District and remain undeveloped. The area to the west is zoned "F-R" Farm-Rural District and developed with a manufactured home park while a portion remains undeveloped. Mr. Saldafta stated that the applicant owns the entire 20-acre lot and plans to build a permanent home on another part of the lot. The manufactured home would be temporary while the permanent residence is being built. A "T-IB" District pennits multiple units on a lot which could impact the adjacent roadway, Waldron Road. The subject property is located within the Flour Bluff Area Development Plan which recommends the area to develop with medium density single-family residential with a density of up to seven (7) units per area. A "T-IB" District permits a density of 12 units per acre which is not consistent with the Plan's recommended density. A "T-l C" District permits a density of eight (8) units per acre which is consistent with the existing "R-I B" District and the Plan's recommended land use density. Mr. Saldafta read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends denial of the "T-IB" District, and in lieu thereof, approval of a "T-IC" Manufactured Home Subdivision District. Mr. Saldafta infonned the Commission that five (5) notices were mailed to property owners within a 200-foot radius of which none were returned in favor and one (I) in opposition. Vice Chairman Guzman opened the public hearing. Dr. Grady Glenn stated that he owned a 10-acre tract adjacent to the subject property and continued that most of the tracts in the area are 10 to 20 acre lots. Dr. Grady stated that the City's Master Plan for the area recommends low density for the area and informed the Commission that the property is within the Naval Air Station crash field. Dr. Grady stated that he was opposed to the rezoning request due to the fact that it would be a substantial change of use for the land. Dr. Catherine Price, 8317 Seashore, stated that she agreed with Dr. Glenn's comments and that she was opposed to the rezoning request. Jonny Salomonsen. owner. stated that he did not want to develop a manufactured home park, but wanted to locate a manufacture home on the property while his conventional home was being built. Mr. Gunning clarified that Mr. Salomonsen proposed to reside in the manufactured home. In response to Commissioner Kelly's question regarding a timeline for the development, Mr. Salomonsen stated that it would be approximately 10 years before his conventional home would be built. Public hearing was closed. Commissioner Richter questioned whether a manufactured home would be allowed in a "R_IBu District with a Special Penni!, to which Mr. Gunning responded in the negative. Mr. Gunning continued that the Zoning Ordinance stipulates that only one (I) manufactured home, in "T -1 C" District, can be allowed per lot; therefore, Mr. Salomonsen needed a change of zoning to accomplish his task. Motion by Mims, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. 133 II PLANNING COMMISSION AND STAFF'S RECOMMENDA TION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JONNY SALOMONSEN, BY CHANGING THE ZONING MAP IN REFERENCE TO 8001 ACRES OUT OF LOT 17, SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "T-IC" MANUFACTURED HOME SUBDIVISION DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jonny Salomonsen for amendment of the zoning ordinance and the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 25, 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 by changing the zoning on 8.01 acres out of Lot 17, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard, from "R-lB" One-family Dwelling District to "T--IC" Manufactured Home Subdivision District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 30 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. H:ILEG-OIRIVERONICA\DDCURTlS\MYDOCS\ 1999\P&ZORD99\DOYLEClZ129902AOOC 134 /1. 2 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 60 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 70 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 25'" 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 11,2000: By: H:\LEG-DIRI VERONICA IDDCURTISIMYDOCSI 1999IP&Z0RD99IDOYLECIZ 129902A.OOC 135 /... APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JONNY SALOMONSEN, BY CHANGING THE ZONING MAP IN REFERENCE TO 8001 ACRES OUT OF LOT 17, SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "T-IB" MANUFACTURED HOME PARK DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCYo WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jonny Salomonsen for amendment of the zoning ordinance and the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 25, 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 by changing the zoning on 8.01 acres out of Lot 17, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road, approximately 400 feet south of Yorktown Boulevard. from "R-IB" One-family Dwelling District to "T-1B" Manufactured Home Park District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 30 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 40 That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DlR\ VERONtCA \DDCURTIS\MYDOCS\1999\P&ZORD99\OOYLECIZ 129902B.DOC 136 /1 2 SECTION 50 That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 60 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 70 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 upon first reading as an emergency measure on this 25'" 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 11,2000: H:\LEG-DIRI VERONICAIDDCUR TlSIMYDOCSI I 999IP&ZORD99IDOYLECIZ 129902B.DOC 137 I~ 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 25, 2000) Case Noo 1299-7. Jack Younl!blood dba Natalie's Caterinl!: A change of zoning from an "AT' Apartment Tourist District with a Special Permit to a "B-1" Neighborhood Business District on Seaside Subdivision, Block 5, Lot 1, located on the west side of Ocean Drive, approximately 750 feet north of Airline Road. Planninl! Commission and Starrs Recommendation: Denial of the requested "B-1" District, and in lieu thereof, approval of a Special Permit for a catering business and other commercial uses subject to five (5) conditions. ReQuested Council Action: Denial of the requested "B-1" District, and in lieu thereof, approval of a Special Permit for a catering business and other commercial uses subject to five (5) conditions, and adoption of the attached ordinance. Purpose of Reauest: To operate a catering business in one of the ground floor suites. Summary: The applicant as requested a change of the zoning from an "AT' Apartment-Tourist District and Special Permit to a "B-1" Neighborhood Business District in order to reuse the existing Special Permit to allow an off- premise catering kitchen facility. The subject property, commonly referred to as the 4600 Building, is a lO-story condominium development with a Special Permit approved in 1977 for offices, personal services, including a barber shop and beauty salon located on the fIrst floor only. The property fronts Ocean Drive, a designated arterial, and is located in an area that has been historically restricted to the "AT' District for the development of condominiums, hotels, motels, town homes and apartments. The applicant proposes to locate his catering service in the fIrst floor suites (l03-B and 104) previously occupied by a restaurant. The food catering use is not permitted as an "AT' permitted use or included in the defmition of a restaurant for the on-premise consumption of food. The "B-1" District is the first district to permit a food catering use. The applicant seeks the approval of a Special Permit and does not want a "B-1" District. Approval of the "B-1" District at this location is not consistent with the adopted plans to prohibit commercial uses along this section Ocean Drive. However, approval of a Special Permit for the food catering service is consistent with the previous restaurant use and does not generate traffic. The 4600 Building Owners Association supports the Special Permit as proposed, but not the "B-1" District. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommended Special Permit. Notification: Prior to the date of this memorandum, thirty-three (33) notices were mailed to the property owners within a 200.foot radius, of which none were returned in favor and thirteen (13) were returned in opposition. Ten (10) owners from the 4600 Building submitted letters in favor and six (6) owners submitted letters in opposition. The applicant/owner of the request submitted a letter in favor. One (l) letter was submitted in opposition from outside the notification area. Planninl! Commission Action: Planning Commission recommended denial of the requested "B-1" District, and in lieu thereof, approval of a Special Permit for a catering business and other commercial uses subject to the following five (5) conditions: 1) USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "AT' Apartment-Tourist District are a food catering service, offices, personal services, including barber and beauty shops, retail stores and store-fronts for placing orders. 2) LOCATION: The nonresidential uses shall be limited to the first floor of the building. 139 Agenda Memorandum January 25, 2000 Case No. 1299-7 (Jack Youngblood dba Natalie's Catering) Page 2 3) ENTRANCES: Except for the existing two (2) exterior entrances, all other entrances shall be from the interior of the building. 4) SIGNS: Exterior signs for the nonresidential uses are not permitted. 5) TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. I A1t~;if)J ~"'''~.I Michael N. Gunning, AICP Director of Planning MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances H:\PLN-DIR\ERMA \ WORDIAGENDMEMI 12997 AGN.DOC Pages Pages Page Pages 3-18 19-22 23 24-27 140 CITY COUNCIL ZONING REPORT Case Noo: 1299-7 Planning Commission Hearinl! Date: December 8, 1999 Mao No.: 91-2 Aoolicant: Jack Youngblood dba Natalie's Catering Lel!al Descriotion/Location: Seaside Subdivision, Block 5, Lot 1, located on the southwest side of Ocean Drive, approximately 750 feet northwest of Airline Road. Area of Reauest: 3.66 acres Lot(s) Area: Same as above. Current Zoninl!: "AT' Apartment-Tourist District with a Special Permit Reauest: "B-1" Neighborhood Business District Current Use ofProoertv: Condominium building with offices at ground floor. Puroose of Reauest: Operate a catering business in one of the ground floor suites. Zoning Change Requested Due to Notice of Violation: Not Applicable. Adiacent Zoninl!: Northwest, Southeast - "AT" Apartment-Tourist District Northeast - "AT" Apartment-Tourist District with a Special Permit Southwest - "R-IA" One-family Dwelling District Adiacent Land Use: Northwest, Southwest - Apartments Northeast - (across Ocean Drive) Condominium building. Southwest - funeral home and cemetery. 141 (..j Zoning Report Case No. 1299-7 (Jack Youngblood) Page 2 Number of Residential Units Allowed: "AT" - 159 units (43.56 dwelling units per acre) "B-1" - 132 units (36.30 dwelling units per acre) Estimated Traffic Generation: Not applicable. Adiacent Streets/Classification: Ocean Drive - arterial Ril!ht-of-Wav Desil!n Current: a) 100-foot right-of-way with 2, 3 I-foot back-to-back paved sections with a 14-foot wide median. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekdav. non-directional): a) 21,370 vehicles per day. Zoninl! Historv ofProDertv: In February 1977, the subject property was granted a Special Permit to allow display rooms, offices, personal services, including barber and beauty shops, and retail stores. Access to these uses were limited to interior doors and allowing the existing two (2) exterior entrances. Recent Surroundinl! Zoninl! Cases: There has been no rezoning activity in the area within the past five (5) years. Zoninl! Inventorv: The subject property is part of a 156.75-acre area that is zoned an "AT' District and developed with a mixture of condominiums, apartments, motels and restaurants. To the southwest and southeast of the subject property is a 300-acre tract ofland zoned an "R-IA" District that is developed with a cemetery on the north end and single-family residences on the south end. 142 4 Zoning Report Case No. 1299-7 (Jack Youngblood) Page 3 Planninl! Staff Analvsis: . General Characteristics and Background: The applicant as requested a change of the zoning from an "AT" Apartment-Tourist District and Special Permit to a "B-1" Neighborhood Business District in order to open an off- premise catering kitchen facility. The subject property, commonly referred to as the 4600 Building, is a 10-story condominium development with a Special Permit approved in 1977 for offices, personal services, including a barber shop and beauty salon located on the first floor only. The property fronts Ocean Drive, a designated arterial, and is located in an area that has been historically restricted to the "AT" District for the development of condominiums, hotels, motels, town homes and apartments. The adjacent land uses include apartments to the northwest and southeast, a condominium to be northeast (across Ocean Drive), and a cemetery to the southwest. The applicant proposes to locate his catering service in the first floor suites (103-B and 104) previously occupied by a restaurant. The "AT" District allows a stand-alone restaurant use as a matter of right. The food catering use is not permitted as an "AT" permitted use or included in the definition of a restaurant for the on-premise consumption of food. The adjacent uses in the adjoining suites include business offices, a condo management office and a beauty parlor. The "B-1" District is the first district to permit a food catering use. The applicant seeks the approval of Special Permit. Approval of the "B-1" District at this location is not consistent with the adopted plans to prohibit commercial uses along this section Ocean Drive. However, approval of a Special Permit for the food catering service is consistent with the previous restaurant use and does not generate traffic. . Conformity to the Comorehensive Plan and Land Use Comoatibilitv: Overall, the Comprehensive Plan Elements cannot be supportive of the requested "B-1" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with high-rise multiple-family uses. The requested "B-1" District is not consistent with the Plan's recommended land use. However, the existing "AT" District does permit restaurant and motel/hotel uses. The proposed catering is not too dissimilar from that of a restaurant. . Potential Housing Density: The existing "AT" District permits 43.56 dwelling units per acre or 159 units on the subject property. A "B-1" District permits a density of36.30 dwelling units per acre or 132 units on the subject property. Approval of the "B-1" District would reduce the permitted density. . HeightlBulk1Setbacks/Etc.: Both the "AT" and "B-1" Districts require a front yard setback of twenty (20) feet. The side and rear yard setbacks in an "AT' District are ten (10) feet each for single-family and duplex uses and ten (10) feet each for the first story plus five (5) feet for each additional story up to a maximum setback of thirty (30) feet for multiple-family uses. There are no side and rear yard setbacks in the "B-1" District unless adjacent to a residential district where a setback of ten (10) feet would be required. The are no building 143 .s- Zoning Report Case No. 1299-7 (Jack Youngblood) Page 4 height limitations in the "AT" District. The "B-1" District limits the building height to 35 feet not to exceed three (3) stories. Approval of the "B-1" District would make the ten (10) story building nonconforming. . Signage: Signs in the "AT" are limited to sixty (60) square feet with an additional one square foot of sign area for each linear foot of lot frontage in excess of 100 feet up to a maximum sign area of 260 square feet. Signs are further limited to one wall sign per street frontage and one freestanding sign with an area not to exceed sixty (60) square feet or a height of twenty (20) feet. The "B-1" District permits unlimited wall signs and one freestanding with an area not to exceed forty (40) square feet of a height of twenty (20) feet. . Traffic: The proposed use will not affect the traffic generated. . Parking/Screening: A catering business is required to provide parking for each employee and compliance with the parking regulations will be required during the permitting phase. A standard screening fence is not required in the " AT" District. If the property is rezoned to a "B-1" District, a screening fence is required when adjacent to a single-family or apartment zoning district and the "AT" District is not classified within those districts. Therefore, a screening fence would not be required. . Costs to City: All of the infrastructure required to serve the subject 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) None. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "B-1" District is not consistent with the Southeast Area Development Plan. b) Approval of the "B-1" District would make the existing condominiums nonconforming. c) The proposed catering business can be accomplished through a Special Permit. Staff Recommendation: Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for a catering business and other commercial uses subject to the following conditions: I. USES. The only uses authorized by this Special Permit other than those uses permitted by right in the "AT" Apartment-Tourist District are a food catering service, offices, personal services, including barber and beauty shops, retail stores and store-fronts for placing orders. 144 ~ Zoning Report Case No. 1299-7 (Jack Youngblood) Page 5 2. LOCATION. The nonresidential uses shall be limited to the first floor of the building. 3. ENTRANCES. Except for the existing two (2) exterior entrances, all other entrances shall be from the interior of the building. 4. SIGNS. Exterior signs for the nonresidential uses are not permitted. 5. TIME LIMIT. This Special Permit expires one (I) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Attachments: Zoning and Ownership Map Ownership List Southeast Area Location Map H:\PLN-DIR\ERMA \ WORDIZONRPTS\ 129907RE.DOC 145 7 CORPUS CHRISTI 8A Y AT R-18 '" , AT AT/SP/86-26 AT R-1A -\'~ "-\' /0 ~~ ~/ ~ "< \ ,() '<. "~.L.. "- "~ '-,- ~ "'G. '- '1t~-? '- '- "< '- ,/ /YGr,.~ '---- R-1 A/SP R-1A R-1A . Property Owner in Favor FLOUR BLUFF & ENCl NAL FARM & GARDEN TRAC X - Property Owner Opposed ", See Comments on Pagels) /9 - .t ,t.. ~ ="- ~ Nov 19, 1999 - RP o Subject property o _ 150 ')00 .1.?O ~-~ CASE Z1299-7 c:!:J. Owners within 200 teet listed on attached ownership 'Iat ("JJ. ' ~; ~ (,3\ q-17 i\.J...j-<^" ~ I j , / . / 146 3 9 ■ 157-A JACK YOUNGBLOOD CITY OF CORPI'NRISTI CASE NO.: Z1299-7 PLANNING OF HENT DATE: 11 22 9' DBA NATALIE'S CATERING LIST TO ACCOMF THE LABELS PAGE: 8 4600 OCEAN DR., 8207 78412 AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP 11 1 247600010010 SMITH JANE FLATO TR 1 &4001 N NEW BRAUNFELS #1 SAN ANTONIO FLOUR BLUFF & ENC FRM GDN TRACT 2.632 ACS OUT OF LTS 1 & 2 SEC 1 TX 78209 1 ) 1 247600010020 SEASIDE CEMETERY INC 800 N SHORELINE BLVD #9P O BOX 271095 CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TRACT 21.17 ACS OUT OF SEC 1 TX 78401 I 1 247600010070 SEASIDE CEMETERY INC 1200 CCNB CENTER NORTH CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TRACT 54.64 ACS OUT LTS 7 & 8 SEC 1 TX 78471 SUBJECT 1 ,I 259200000101 ROOTS ORGY G AND RON W. FOSTER 4600 OCEAN DRIVE #1000RPUS CHRISTI PROPERTY 4600 OCEAN DR CONDO BLDG A UNIT 101 & 2.12 OF GEN COMMON ELEMENT TX 78412 SUBJECT 1,,l 259200000102 LANGDON INGRID BERTELS 5009 CAPE ROMAIN CORPUS CHRISTI PROPERTY 4600 OCEAN DR CONDO BLDG A UNIT 102 & 1.03 OF GEN COMMON ELEMENT TX 78412 1259200000104 BERRY ANNETTE K ETAL P O BOX 6451 P 0 BOX 5250 CORPUS CHRISTI 4600 OCEAN OR CONDO BLDG A UNIT 104 & 1.96 PERCENT OF GCE TX 78466 " I .1 259200000105 *BERRY ANNETTE K ETAL P 0 BOX 6451 P 0 BOX 5250 CORPUS CHRISTI 4600 BLDG A CONDO UNIT 103-B & .42 PERCENT INT IN GCE � TX 76466 " I 1 259200000200 4600 OCEAN DR COND ASSO4600 OCEAN DR UNIT 201- CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 201-B & .55 OF COM ELEM TX 78412 1 259200000201 SPIKER LAURA JO 4600 OCEAN DR #201A CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 201-A .97 OF GEN COMMON ELEMENT TX 76412 11 I, 1 259200000202 PICKETT RONALD I AND JUDITH ANN 3367 CONTINENTAL MISSOURI CITY 4600 OCEAN DR CONDO BLDG A UNIT 202 & 1.52 OF GEN COMMON ELMENTS TX 77459 1 259200000203 HILLS MARGARET WILSON 4600 OCEAN DR #203 4600 OCEAN DR CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 203 & .93 OF GEN COMMON ELEMENT TX 78412 I 1 259200000204 BUCHHOLTZ AMELIA G TRUSAMELIA G BUCHHOLTZ REV04600 OCEAN DR #204 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 204 & 1.08 OF GEN COMMON ELEMENT TX 78412 1 259200000205 BONNER RICHARD ET UX 326 HAROLDSON CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 205 & 1.15 OF GEN COMMON ELEMENT TX 78412 9 ■ 'AU157-A CITY OF CORP"" CHRISTI CASE NO.: 21299-7 PLANNING DF TMENT DATE: 11 22 S' LIST TO ACCOMF THE LABELS PAGE: 9 AUDIT T -RAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP SUBJECT I'i l 259200000206 FANNIN JAMES A 335 MONTCLAIR DR CORPUS CHRISTI PROPERTY- 4600 OCEAN DR CONDO BLDG A UNIT 206 & .93 OF GEN COMMON ELEMENT TX 76412 I 1259200000207 YOUNGBLOOD JACK C ETUX 4600 OCEAN DR #207A CORPUS CHRISTI „ 4600 OCEAN DR CONDO BLDG A UNIT 207 & 1.52 OF GEN COMMON ELEMENT TX 78412 I 1259200000208 ADAMS AGNES F 4600 OCEAN DRIVE #208 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 208 & 1.52 OF GEN COMMON ELEMENT TX 78412 259200000301 YORK HAROLD L 4600 OCEAN DR #301 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 301 & 1.52 OF GEN COMMON ELEMENT TX 78412 n I 1259200000302 HUNT ALPHA 460D OCEAN DR #302 126 LAKESHORE DDR CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 302 & 1.52 OF GEN COMMON ELEMENT TX 78412 259200000303 KING DOUGHERTY MAY 4002 OCEAN DR CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 303 & .93 OF GEN COMMON ELEMENT TX 78412 " I 1259200000304 NOLEN HARVEY TRUMAN 4600 OCEAN DR #304 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 304 & 1.08 OF GEN COMMON ELEMENT a TX 78412 00 if I 1259200000305 SHELTON GAIL MARIE 230 DAN MILLER RD MANY 4600 OCEAN DR CONDO BLDG A UNIT 305 & 1.19 OF GEN COMMON ELEMENT 71449 I 1259200000306 CARTER FAY CLARK P 0 BOX 6621 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 306 & .93 OF GEN COMMON ELEMENT TX 78466 259200000307 FINKEL ELY ETUX MARIE H4600 OCEAN DRIVE #307 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 307 & 1.52 OF GEN COMMON ELEMENT TX 78412 259200000308 GHOLSTON MARION 4600 OCEAN DR #308 CORPUS CHRISTI 4600 OCEAN OR CONDO BLDG A UNIT 308 & 1.52 OF GEN COMMON ELEMENT TX 78412 " I 1259200000401 VAUGHAN ROBERT 0 NORMA V VAUGHAN 5401 CROSSRIDGE DRIVCORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 401 & 1.52 OF GEN COMMON ELEMENT TX 78413 259200000402 KIMES THOMAS F ETUX KATHLEEN W KIMES 4600 OCEAN DR #402 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 402 & 1.52 OF GEN COMMON ELEMENT TX 78412 ■ 0 ' ''157-A CITY OF CORPl'" "HRISTI CASE NO.: Z1299-7 PLANNING OF�IENT DATE: 11 22 9' LIST TO ACCOMP. THE LABELS PAGE: 10 AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP SUBJECT ._I'I 259200000403 LINHART MARY SHARON 4600 OCEAN DR #403 CORPUS CHRISTI PROPERTY 4600 OCEAN DR CONDO BLDG A UNIT 403 & .93 OF GEN COMMON ELEMENT TX 78412 1259200000404 MC GLOIN J PATRICK 141 ALTA PLAZA CORPUS CHRISTI 4600 OCEAN OR CONDO BLDG A UNIT 404 & 1.08 OF GEN COMMON ELEMENT TX 78411 1 1 259200000405 BATES DIANE 4600 OCEAN DR # 405 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 405 & 1.19 OF GEN COMMON ELEMENT TX 78412 " I 1 259200000406 AGRAZ FRANCISCO J & RUT2035 MC CLENDON HOUSTON 4600 OCEAN DR CONDO BLDG A UNIT 406 & .93 OF GEN COMMON ELEMENT TX 77030 259200000407 COYLE ELLEN P EST OF % VALERIE ANERSON 4600 OCEAN DR #407 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 407 & 1.52 OF GEN COMMON ELEMENT TX 78412 "' I 1259200000408 SMITH C S & D R CARROLLCONSTANCE SMITH FAMILY 8301 TANGLEROSE DR FRISCO 4600 OCEAN DR CONDO BLDG A UNIT 408 & 1.64 OF GEN COMMON ELEMENT TX 75034 � I 1259200000501 TAYLOR JAMES L ET UX P 0 BOX 6183 CORPUS CHRISTI 4600 BLDG A CONDO UNIT 501 & 1.52 OF GENERAL COMMON ELEMENT p TX 78411 " I 1259200000502 FOLMAR JERRY LYNN P 0 BOX 72250 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 502 & 1.64 OF GEN COMMON ELEMENT TX 78472 I 1 259200000503 FOX THOMAS STEPHEN 4600 OCEAN DRIVE UNIT 5 CORPUS CHRISTI 4600 OCEAN OR CONDO BLDG A UNIT 503 & .93 OF GEN COMMON ELEMENT TX 78412 1 259200000504 ROSCOE BERT W P 0 BOX 3516 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 504 & 1.08 OF GEN COMMON ELEMENT TX 78404 11 I 1 259200000505 WORD JAMES B JR ET UX 4600 OCEAN #505 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 505 & 1.19 OF GEN COMMON ELEMENT TX 78412 1 259200000506 ALBRIGHT, PHILLIP MICHA4600 OCEAN DRIVE #506 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 506 & .93 OF GEN COMMON ELEMENT TX 78412 141 259200000507 EARLY WILLIAM J & CLARAW J & C P EARLY LIVING 4600 OCEAN DR #507 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 507 & 1.64 OF GEN COMMON ELEMENT TX 78412 0 SUBJECT PROPERTY n u n u n 0 n u n u n n N ' 4U157 -A CITY OF CORPS" CHRISTI PLANNING DF TMENT LIST TO ACCOMF THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 1'4'1 259200000508 AHREL BO A ETUX JOHANNA845 VALLEY VIEW LANE P O BOX 3670 4600 OCEAN DR CONDO BLDG A UNIT 508 & 1.52 OF GEN COMMON ELEMENT I 1259200000601 THOMAS HERMAN B ETUX MA4600 OCEAN DRIVE #601 4600 OCEAN DR CONDO BLDG A UNIT 601 & 1.52 OF GEN COMMON ELEMENT I 1259200000602 WELCH G ROBERT SR ETUX 4600 OCEAN OR APT 602 AP O BOX 81307 4600 OCEAN OR CONDO BLDG A UNIT 602 & 604 & 2.72 OF GEN COMMON ELEMENT CASE NO.: Z1299-7 DATE: 11 22 9' PAGE: 11 CITY/ST ZIP BERKELY LAKE GA 30136 CORPUS CHRISTI TX 78412 CORPUS CHRISTI 1 KALTEYER TX 78412 1259200000603 THOMAS HERMAN B ETUX MA4600 OCEAN DR #603 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 603 & .93 OF GEN COMMON ELEMENT TX 78411 1 259200000605 CURTISS CLARE J 4600 OCEAN DR #605 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 605 & 1.19 OF GEN COMMON ELEMENT TX 78412 1259200000606 SNYDER FRANCES, TR OF TFRANCES SNYDER TR OF 10101 N UPPER BROADWAYCORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 606 & .93 OF GEN COMMON ELEMENT TX 78401 12592G00D0607 JOHNSON SURVIVOR'S TRUS4600 OCEAN DR #607 #607 4600 OCEAN DRIVCORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 607 & 1.64 OF GEN COMMON ELEMENT TX 78412 1259200000608 xSNYDER FRANCES. TR OF TFRANCES SNYDER TR OF 10101 N UPPER BROADWAYCORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 608 & 1.52 OF GEN COMMON ELEMENT T% 78401 WALTER ET UX 457 BARRACUDA CORPUS CHRISTI 125920000070 4600 OCEAN DR CONDO BLDG A UNIT 701 & 1.52 OF GEN COMMON ELEMENT TX 78411 1259200000702 LICHTENSTEIN M S ETUX MARGARET C LICHTENSTEIN4600 OCEAN #702 4600 OCEAN DR CONDO BLDG A UNIT 702 & 1.64 OF GEN COMMON ELEMENT 1259200000703 NACCI BRUCE 4600 OCEAN DRIVE #703 4600 OCEAN DR CONDO BLDG A UNIT 703 & .93 OF GEN COMMON ELEMENT 1259200000704 ■KALTEYER WALTER ET UX 457 BARRACUDA 4600 OCEAN DR CONDO BLDG A UNIT 704 & 706 & 2.08 INT IN GEN COMMON ELEMENT 15'1 259200000705 MARTINEZ ROSALIA 4600 OCEAN DR #705 109 KISSLING 4600 OCEAN DR CONDO BLDG A UNIT 705 & 1.23 OF GEN COMMON ELEMENT CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78412 ■ 71 `157-A CITY OF CORP' 'HRISTI 'TENT CASE NO.: 21299-7 PLANNING DE DATE: 11 22 9S LIST TO ACCOMP. THE LABELS PAGE: 12 AUDIT TRAIL ACCOUNT NAME ADDRESS LINEI ADDRESS LINE2 CITY/ST ZIP SUBJECT F :'I 259200000707 NEWSOM RUTH LINDA H 4600 OCEAN DR 707 CORPUS CHRISTI PROPERTY 4600 OCEAN OR CONDO BLDG A UNIT 707 & 1.52 OF GEN COMMON ELEMENT TX 78412 i I 1246000OCEANBDRWCONDORBLDG ROBERT AND DRIVE #70CHRISTI �� UNIT 708 &CATHERINE OF GEN COMMON ELEMENT TX 784OCEAN TX 76412 259200000801 VERVECKKEN RAYMOND ETUXELONA VERVECKKEN 6963 PEMBERTON DALLAS 4600 OCEAN DR CONDO BLDG A UNIT 801 & 1.52 OF GEN COMMON ELEMENT TX 75230 I 1259200000802 SCOTT ZELMA JEAN 4600 OCEAN DR #802A CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 802 & 1.64 OF GEN COMMON ELEMENT TX 78412 2592000803 GONZALES DORRISS EYLONZALES 4600 OCEAN DR #803 CORPUS CHRISTI 00 DR DGAUNIT 803 93OF GEN ELEMENT TX 78412 259200000804 EVANS DIANE 2497 KELLY AVENUE EXCELSIOR 4600 OCEAN DR CONDO BLDG A UNIT 804 & .93 OF GEN COMMON ELEMENTS MN 55331 259200000805 WALTON JANICE 4600 OCEAN DR APT 805 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 805 & 1.19 OF GEN COMMON ELEMENT TX 78412 259200000807 MISNER JULIANNA 4600 OCEAN DR #807 11011 RICHMOND AVE SCORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 807 & 1.52 OF GEN COMMON ELEMENT TX 78412 246000 WARD R OCEAN PUS784 CHRISTI OCEANS OR CONDOR BLDGUNITETUX 806 &E808NAND 2.72% INT IN GENOCOMMON ELEMENT B T% 78411 TX 259200000901 MATTHEWS ROBERT L ETUX 4600 OCEAN UNIT 901 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 901 & 1.52 OF GEN COMMON ELEMENT TX 78411 259200000902 LUNDQUIST DALLAS E ETUXJO ANNE LUNDQUIST 4600 OCEAN DR #902 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 902 & 1.64 OF GEN COMMON ELEMENT TX 78412 259200000903 COOVER DORIS V/. DIANE HODDE RT 3 BOX 366 BREHAM 4600 OCEAN DR CONDO BLDG A UNIT 903 & .93 OF GEN COMMON ELEMENT TX 77833 259200000904 MAJOR M H & W R CLEAVESC/0 BANK PLUS MRTG CORPP 0 BOX 47524 DEPT 6SAN ANTONIO 4600 OCEAN DR CONDO BLDG A UNIT 904 & .93 OF GEN COMMON ELEMENT TX 78265 71 F-1 4U157 -A CITY OF CORP'^ CHRISTI CASE NO.: Z1299-7 22 9c PLANNING DE TMENT DATE: 11 LIST TO ACCOMP. THE LABELS PAGE: 13 AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP SUBJECT 1, 259200000905 STEWART JOHN L 4600 OCEAN DRIVE APT 90 CORPUS CHRISTI PROPERTY 4600 OCEAN DR CONDO BLDG A UNIT 905 & 1.19 OF GEN COMMON ELEMENT TX 78412 I 259200000906 MAJOR M H 4600 OCEAN OR 906 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 906 & 1.08 OF GEN COMMON ELEMENT TX 78412 I 1259200000907 CADEN CRISTINA P 0 BOX 6053 CORPUS CHRISTI 4600 OCEAN DR CONDO BLDG A UNIT 907 & 1.52 OF GEN COMMON ELEMENT I TX 78466 259200000908 CANALES JOANN MSC BOX 231, 6300 OCEANP.O. 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FAMILY PARTNERSH4500 OCEAN DR #5-C CORPUS CHRISTI LANDMARK CONDO UNIT 5-C & 3.75 PERCENT INT IN GCE TX 78412 I), -I 418500060610 HELDENFELS FRED W III EEDNA N HELDENFELS 4500 OCEAN DR #6A CORPUS CHRISTI LANDMARK CONDO UNIT 6-A & 3.72 PERCENT INT IN GCE TX 78412 I' 1418500060620 NYE PAUL W & NINA E 4500 OCEAN DR #6B CORPUS CHRISTI LANDMARK CONDO UNIT 6-B & 3.65 PERCENT INT IN GCE TX 78411 I.; 1418500060630 RUBSAMEN ERNEST B JR & PATRICIA RUBSAMEN LIVIN4500 OCEAN DR #6C CORPUS CHRISTI LANDMARK CONDO UNIT 6-C & 3.75 PERCENT INT IN GCE TX 76412 I 1 418500070710 STORM CELIKA TR OF CELISTORM 1988 TRUST 600 N SHORELINE BLVDCORPUS CHRISTI LANDMARK CONDO UNIT 7-A & 7.37 PERCENT INT IN GCE TX 78401 ■ ' 4U157 -A CITY OF CORP11^ CHRISTI PLANNING OF TMENT LIST TO ACCOMF THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP 418500070720 MARTIN MARTIN H ETUX BI4500 OCEAN DR #7B CORPUS CHRISTI LANDMARK CONDO UNIT 7-B & 3.75 PERCENT INT IN GCE TX 78412 11011 RICHMOND AVE SCORPUS CHRISTI CASE NO.: Z1299-7 DATE: 11 22 9' PAGE: 15 1211 418500080810 STOCKSETH NORMA L LINKES200 SANTA FE LANDMARK CONDO UNIT B -A & 7.40 PERCENT INT IN GCE 418500080820 BRANSCOMB HARVIE JR ET MARY JO LANDMARK CONDO UNIT 8-B & 3.75 PERCENT INT IN GCE TX 78404 3817 S SLAMEDA STE BCORPUS CHRISTI ■ TX 78411 I 1418500090910 HAAS PAUL P 0 BOX 779 P 0 BOX 630248 CORPUS CHRISTI LANDMARK CONDO UNIT 9-A & 9-B & 11.10 PERCENT INT IN GCE TX 78403 I 1786600020030 FS APARTMENTS, L.P. 13810 CHAMPION FORESET SUITE 150 HOUSTON SEASIDE LT 3 SK 2 TX 77069 I) 1786600040022 ■SMITH JANE FLATO TR 1 &4001 N NEW BRAUNFELS #1 SAN ANTONIO SEASIDE E .243AC OF LT 2R BK 4 TX 78209 IJ',I 786600050020 BAYTREE OCEAN DRIVE INC: AAVTC PO BOX 271095 CORPUS CHRISTI SEASIDE LT 2 BK 5 � TX 78427 A 811100000010 STRAUSS BETTY LOU 4442 OCEAN DR #1 CORPUS CHRISTI SOMOS SIETE CONDOMINIUM APT 1 & 1/7 OF GENERAL COMMON ELEMENTS TX 78412 I." 1811100000020 SIMON LESLIE E SR 4446 OCEAN DR CORPUS CHRISTI SOMOS SIETE CONDOMINIUM APT 2 & 1/7 OF GENERAL COMMON ELEMENTS TX 78412 811100000030 MAJOR M M 4450 OCEAN DR CORPUS CHRISTI SOMOS SIETE CONDONIMIUM APT 3 & 1/7 OF GENERAL COMMON ELEMENTS TX 78412 811100000040 TUCKER LAWRENCE J ETUX BILLY FAYE TUCKER 4454 OCEAN DR A-4 CORPUS CHRISTI SOMOS SIETE CONDOMINIUM APT 4 & 1/7 OF GENERAL COMMON ELEMENTS TX 78412 I '1 811100000050 VREELAND JOHN B P 0 BOX 2603 11011 RICHMOND AVE SCORPUS CHRISTI SOMOS SIETE CONDOMINIUM APT 5 & 1/7 OF GENERAL COMMON ELEMENTS TX 78403 I 1811100000060 BROWN MARY ELIZABETH 4462 OCEAN DRIVE CORPUS CHRISTI SOMOS SIETE CONDOMINIUM APT 6 & 1/7 OF GENERAL COMMON ELEMENTS TX 78412 ■ 157-A I CITY OF CORP' -HRISTI PLANNING DF GENT LIST TO ACCOMF THE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 I t.l 811100000070 LUNDGREN WALLACE L ETUXROSALIE 5626 OCEAN DRIVE SOMOS SIETE CONDOMINIUM APT 7 8 1/7 OF GENERAL COMMON ELEMENTS LEROY SAN MIGUEL MAI.TE-ANCE DEPT. C.C.I.S.D. P. 0. DRAINER 110 CORPUS CH-ISTI, TEXAS 78403 PRANK D. IIA.KINS OPUS 732 CRESTVIEW 78412 [331 TEXAS HIGHWAY DEPARTMENT, 1701 SOUTH PADRE ISLAND DR. 78416 OCEAN DRIVE RIGHT-OF-WAY CASE NO.: Z1299-7 DATE: 11 22 9' PAGE: 16 CITY/ST ZIP CORPUS CHRISTI TX 78412 ■ SOU( 51 m SOUTHEAST AREA LOCATION MAP ------ AREA DEVELOPMENT PLAN (ADP) BOUNDARY CITY LIMIT LINE °ONAO� °Nbsq �Ar 011 El I I I 11'' I r--t--F I SOLTI Zoning Case No.: Z1299-7 Applicant: lack Youngblood-dba-Natalie's Catering SITE 050 GOLF SE 0 L C4T FI °BO ruAN.NG DEPT. UDD=' -lyA POINTS OF REFERENCE LEGEND SEE APPETOX'A' FOR POINTS OF REFERENCE NAMES HIGH SCHOOL + HOSPITAL MIDDLE SCHOOL ; COMMUNITY PARK ♦ ® ELEMENTARY SCHOOL NEIGHBORHOOD PARK i OTHER O. 0. L -OUTSIDE CITY LIMITS ------ AREA DEVELOPMENT PLAN (ADP) BOUNDARY CITY LIMIT LINE °ONAO� °Nbsq �Ar 011 El I I I 11'' I r--t--F I SOLTI Zoning Case No.: Z1299-7 Applicant: lack Youngblood-dba-Natalie's Catering SITE 050 GOLF SE 0 L C4T FI °BO ruAN.NG DEPT. UDD=' -lyA COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1299-7 Jack Youngblood dba Natalie's Catering . Favor X - Opposed (Note: The listed numbers correspond to the attached map.) 1. Notices returned from within the 200-foot notification area: Favor: None. Opposition: 4) Evelyn A. Pearson, 4500 Ocean Dr., #IA "In opposition to "B-1" zoning. Not in opposition no special use permit for catering. " 5) Hewitt B. and Margaret Fox, 4500 Ocean Dr., #IB "In opposition to "B- I" zoning. Not in opposition to special use permit for catering only. Am opposed to business offices in this building or across the street. " 8) Laura M. Olsen, 4500 Ocean Dr. "In opposition to "B- I" zoning. Not in opposition to special use permit for catering. " 9) Mr. and Mrs. J. T. Mahoney, 4500 Ocean Dr., #3A "In opposition to "B-1" zoning. Not in opposition to special use permit for catering. " 12) Mark H. and Margaret Hulings, 4500 Ocean Dr. "In opposition to "B-1" zoning." 14) Malcolm F. and Dorothy B. Steret, 4500 Ocean Dr., #5A "In opposition to "B-1" zoning." 15) Madlyn C. Brown, 4500 Ocean Dr. "I am in opposition to rezoning, but a Special Permit to operate inside the 4600 Building would be OK. Absolutely no rezoning." 157 /1 Comments Case No. 1299-7 (Jack Youngblood dba Natalie's Catering) Page 2 16) Fred W. and Edna Heldenfels, III, 4500 Ocean Dr., #6A "In opposition to "B-1" zoning. Not in opposition to special use permit for catering. " 17) Paul Nye, 4500 Ocean Dr" #6B "In opposition to "B-1" zoning. Not in opposition to special use permit for . " catenng. 18) Ernest B. Rubsamen, 4500 Ocean Dr. "In opposition to "B-1" zoning. Not in opposition to special use permit for catering. " 19) Mrs. Celika Storm, 4500 Ocean Dr., #7 A "In opposition to "B-1" zoning." 20) Mr. and Mrs. M. H. Martin, 4500 Ocean Dr. "In opposition to "B-1" zoning. Not in opposition to special use permit for catering." 21) Harvie and Mary Jo Branscomb, Jr., 4500 Ocean Dr., #8B "In opposition to "B-1" zoning." II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: . Lillie Linkenhoger, 4500 Ocean Dr. "In opposition to "B-1" zoning." III. Responses received from owners/applicants of subject area: Favor: . William 1. Early, 4600 Ocean Dr., #507 No written comment. . Jerry Folmar, 4600 Ocean Dr., #502 No written comment. 158 z~ Comments Case No. 1299-7 (Jack Youngblood dba Natalie's Catering) Page 3 . Gail Shelton Ingles, 4600 Ocean Dr., #305 No written comment. . WaIter Kalteyer, 457 Barracuda No written comment. . Thomas & Kathleen Kimes, 4600 Ocean Dr., #402 No written comment. . M. D. King, 4002 Ocean Dr. No written comment. . Robert L. (Betty) Matthews, 4600 Ocean Dr., #901 No written comment. . Linda Newsom, 4600 Ocean Dr., #707 No written comment. . Orby G. Roots, 4600 Ocean Dr., #lOI No written comment. . Harold L. York, 4600 Ocean Dr., #301 "Mr. Youngblood is a good business man. He is good for Corpus Christi and the 4600 Ocean Drive area. There are currently four (4) businesses in the building. He is opening Natalie's Catering." . Jack Youngblood, 4600 Ocean Dr., #207 - (applicant/owner) No written comment. Opposition: . Bo & Johanna Ahrel, 845 Valley View Lane, Berkeley Lake, GA "This location is inappropriate for this type of business. Furthermore, it is highly inconsistent with the City's comprehensive zoning plan. We intend to reside in Corpus Christi in the near future and do not want our residential area to become a commercial one. Thank you for your time and efforts." . Richard Bonner, 3261 Haroldson No written comment. . Dorriss Harvard & Reynaldo R. Gonzales, 4600 Ocean Dr., #803 "In opposition, except Special Permit." 159 ~I Comments Case No. 1299-7 (Jack Youngblood dba Natalie's Catering) Page 4 . Margaret Hills, 4600 Ocean Dr., #203 "Opposed to "B-1" zone, but favor Special Permit." . Leo Johnson, 4600 Ocean Dr., #607 "In opposition, except by Special Permit." . James L. Taylor, P. O. Box 6183, 4600 Ocean Dr., #501 "Not suitable for business, opposed to changing zoning. Please keep it residential. My home and I object to catering business in the building." H:\PLN-DlRIERMA I WORDICOMMDA T A 112997COMDOC 160 t..'- Planning Commission Minutes December 8. 1999 Jack Youngblood dba Natalie's Catering: 1299-7 REQUEST: "AT' Apartment-Tourist to "B-1" Neighborhood Business District on Seaside Subdivision, Block 5, Lot I and located on the southwest side of Ocean Drive, approximately 750 feet northwest of Airline Road Mr. Saldana presented a slide illustration of the subject property and its surrounding area. The applicant requested a change of zoning to open an off-premise catering kitchen facility. The subject property, commonly referred to as the 4600 Building, is a 10-story condominium development with a Special Permit approved in 1977 for offices. personal services, including a barbershop and beauty salon located on the first floor only. Mr. Saldana stated that the "B-1" District is the first district to permit a food catering use. The applicant seeks the approval of a Special Permit. The "AT' District allows stand-alone restaurant as a matter of right. The food catering use is not permitted as an "AT' District permitted use or included in the definition of a restaurant for the on-premise consumption of food. Mr. Saldana read the Pros and Cons contained in the Zoning Report (Copy on File). Staff recommends denial of the "B-1" District, and in lieu thereof, approval ofa Special Permit for a catering business and other commercial uses subject to the following conditions: I) Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "AT' Apartment-Tourist District are a food catering service, offices, personal services, including barber and beauty shops, retail stores and store-fronts for placing orders. 2) Location. The nonresidential uses shall be limited to the first floor of the building. 3) Entrances. Except for the existing two (2) exterior entrances, all other entrances shall be for the interior of the building. 4) ~. Exterior signs for the nonresidential uses are not permitted. 5) Time Limit. This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. There were 33 notices mailed to property owners within a 200-foot radius of the subject property of which to were returned from owners who stated that they were in favor of the Special Permit. Thirteen notices were received in opposition to the "B-1" District, but in favor of the Special Permit. Also received from 4500 Ocean Drive. Landmark Condos, was a letter in opposition to a "B-1" District but in favor of Special Permit for catering. Vice Chairman Guzman opened the public hearing. Jack Youngblood, 207 4600 Building, stated that he needed a "B-1" District zoning in order to operate his catering business and suggested that a Special Permit could accommodate his need. Mr. Youngblood stated that he was a resident of the building where the proposed catering business would be established and felt that a "B- I" District zoning was not appropriate for the building. Larry Crow, 4600 Ocean Drive, stated that Mr. Youngblood was a "good neighbor" and asked the Commission to approve a Special Permit for a catering service. In response to Commissioner Richter's concems with signage for the establishment, Mr. Saldana explained that signs are not allowed due to the original Special Permit for the building, according to the bylaws for the 4600 Building. Motion by Mims, seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin abstaining and Underbrink being absent. 161 z.3 PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JACK YOUNGBLOOD, d.b.a. NATALIE'S CATERING, BY GRANTING A SPECIAL PERMIT FOR A FOOD CATERING BUSINESS AND OTHER COMMERCIAL USES SUBJECT TO FIVE (5) CONDITIONS ON LOT 1, BLOCK 5, SEASIDE SUBDIVISION (CURRENTLY ZONED "AT" APARTMENT TOURIST DISTRICT WITH A SPECIAL PERMIT FOR SPECIFIED COMMERCIAL USES); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jack Youngblood, dob.a. Natalie's Catering, for amendment of 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 25, 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 it citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCn.. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended and a Special Permit is granted for a food catering business (and other commercial uses listed in Section 2) on Lot 1, Block 5, Seaside Subdivision (currently zoned "AT' Apartment Tourist District with a special permit for specified commercial uses), located on the west side of Ocean Drive, approximately 750 feet north of Airline Road. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following five (5) conditions: 1. ALLOWED USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "AT" Apartment-Tourist District are a food catering service, offices, personal services, including barber and beauty shops, retail stores and store-fronts for placing orders. 2. LOCATION: The nonresidential uses shall be limited to the first floor of the buildingo H:\LEG.D1RI VERONICAIDOCURl1SIMYDOCSI I 999\P&ZORD99\OOYLEClZI29907 A.DOC 162 .z.~ 2 3. ENTRANCES: Except for the existing two (2) exterior entrances, all other entrances shall be from the interior of the building. 4. SIGNS: Exterior signs for the nonresidential uses are not permitted. 5. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 60 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 25'" 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 11,2000: By: H:\LEG-DlRI VERONICAIDDCURTlSlMYDOCSlI 9991P&Z0RD99100YLEClZt29907 A.DOC 163 Z~ APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JACK YOUNGBLOOD, d.boa. NATALIE'S CATERING, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 5, SEASIDE SUBDIVISION, FROM "AT" APARTMENT TOURIST DISTRICT WITH A SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jack Youngblood, d.b.a Natalie's Catering, for amendment of the zoning ordinance and the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 1999, during a meeting of the Planning Commission, and on Tuesday, January 25, 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 01< CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot I, Block 5, Seaside Subdivision, located on the west side of Ocean Drive, approximately 750 feet north of Airline Road, from "AT' Apartment Tourist District with a Special Permit to "B-1" Neighborhood Business District. SECTION 20 That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 50 That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR\ VERONICAIDDCURTlSIMYDOCS\1999IP&ZORD99\DOYLECIZ 129907B.DOC 164 2., SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 70 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 25" 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 11,2000: By: H:\LEG-D1RI VERONICA IDDCURTISIMYDOCSI1999IP&.ZORD99100YLEaz129907B.DOC 165 2 J.7 18 CITY COUNCIL AGENDA MEMORANDUM Date: January 20,2000 AGENDA ITEM: I) Resolution authorizing intervention of the City of Corpus Christi in Public Utility Commission of Texas Docket No. 21934, application of Central Power and Light Company for fuel surcharge and increase in fuel factor, and related proceedings; 2) Update on Public Utility Commission electric deregulation projects and proceedings; and 3) Motion authorizing the City Manager to employ Geoffrey Gay and the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.c. to advise and represent City interests with respect to electric deregulation projects and proceedings at the Public Utility Commission and with respect to telecommunications regulatory and franchise matters at the rate of $200 per hour, subject to appropriation. BACKGROUND: CPL recently filed an application to increase fuel factors and implement an interim surcharge of fuel cost under-recoveries. Corpus Christi should participate with other cities in scrutinizing this filing and in reviewing the fuel reconciliation case which will be subsequently filed. Geoffrey Gay, who represents Corpus Christi and other cities in utility rate matters, will be present to fully inform the Council on the CPL fuel case. Because of the comprehensive electric deregulation adopted by the last Legislature, the Public Utility Commission is in the process of numerous proceedings to implement the many aspects of the legislation over several years. Many of these are of interest to cities, especially such matters as aggregation and stranded costs. While Geoffrey Gay is here, he will be available to provide Council with an update on the ongoing proceedings. In the past, most utility issues have arisen in the context of rate matters, for which the law requires reasonable city participation expenses to be reimbursed by the utility. A number of the electric matters presently being considered by the PUC will not be reimbursable. Cities will need to participate in these to protect their interests, which will be mostly accomplished by joint participation. In addition, there are issues with respect to administration of new telecommunications laws, especially House Bill 1777 on street rental payments, which will be important to cities. It is presently estimated that $20,000 will cover foreseeable non-reimbursed costs. Any further expenditures would be subject to available appropriation. RECOMMENDATION: Staff recommends adoption of the above resolution and motion. ~cby OJRB3100.002 167 RESOLUTION AUTHORIZING INTERVENTION OF THE CITY OF CORPUS CHRISTI IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 21934, APPLICATION OF CENTRAL POWER AND LIGHT COMPANY FOR FUEL SURCHARGE AND INCREASE IN FUEL FACTOR, AND RELATED PROCEEDINGS WHEREAS, Central Power and Light Company has filed with the Public Utility Commission of Texas an application (Docket No. 21934) to surcharge electric customers approximately $36.5 million in under-collected fuel costs and to increase fuel factors to collect an additional $55.5 million based on increased natural gas costs; and WHEREAS, such increases will have a substantial effect on electric customers in Corpus Christi, and should be carefully reviewed as to their justification in accordance with law; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION l. The City of Corpus Christi strongly opposes such increases. Intervention by the City of Corpus Christi, along with other cities represented by CPL Cities Steering Committee, in PUCT Docket No. 21934, in the related fuel reconciliation case when filed, and in any related proceedings, is hereby authorized, directed, and ratified. SECTION 20 The City authorizes the CPL Cities Steering Committee to select and supervise utilities attorney Geoffrey Gay and the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., and other qualified consultants, to represent and advise participating cities regarding said proceedings. Said law firm is directed to vigorously oppose any increase not authorized by law. SECTION 30 It is specifically understood that the City's participation will not necessitate expenditure of any City funds. Central Power and Light Company shall pay the reasonable cost of attorneys and consultants upon presentation of invoices by the Steering Committee in accordance with the Texas Public Utility Regulatory Act. SECTION 4. The City Secretary is hereby directed to deliver a copy of this Resolution to Central Power and Light Company. OJRB3100.00l 168 ATTEST: 2 Armando Chapa City Secretary Samuel 1. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE .1Q. DAY OF .,-:; ..,J."y , 2000: James R. Bray, Jr., City Attorney ~.~ OJRB3100.00 I 169 3 Corpus Christi, Texas day of , 2000 The above resolution was passed by the following vote: Samuel 1. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott OJRB3100.001 170 19 CITY COUNCIL AGENDA MEMORANDUM January 20, 2000 AGENDA ITEM: Motion authorizing the City Manager or designee to execute an agreement with the Corpus Q-lIisti Convention and Visitors Bureau (CVB) whereby the CVB will promote convention and visitor activity in the Corpus Christi Bay area for annual payment based on the level of hotel/motel tax receiptso The term of the agreement is January 1, 2000 thru July 31, 20050 ISSUE: The reorganization of the Business Alliance has resulted in the establishment of an autonomous entity which will promote convention and visitor activity in the Corpus Christi areao The City of Corpus Christi will contract with the CVB for its serviceso BACKGROUND: In July of 1999, the O1airperson of the Greater Corpus Christi Business Alliance appointed a 10-member task force to make recommendations on possible reorganization of the Alliance. After several meetings and substantial input from its members and the community, the task force recommended to the Alliance Board that the organization be structured into three autonomous entities: Convention and Visitors Bureau, Economic Development Corporation and the O1amber of Commerceo The Chairperson of the Alliance presented the task force's recommendation to the City Council at a Joint Meeting on November 9, 1999. After considerable discussion by both entities on the reorganization timetable and Board appointment process, the City Council accepted the recommendations and appointed Council Members Betty Jean Longoria, Henry Garrett and Javier Colmenero to the CVB Interim Board. The Interim Board was charged with the implementation plan and met to formulate operating policies as well as the make-up of the permanent CVB Board. The Interim Board's recommendations were presented to Council on December 21, 1999. The subject agreement reflects the suggestions of the Interim Board with Council input provided in December. FUNDING: No additional funds are required for FY 99-00. Funding will come from the existing FY 99-00 allocation to the Business Alliance. FUTURE COUNCIL ACTION: Appointments to the Convention and Visitors Bureau Board will be made on February 8, 2000. e Nee uty Qty Manager ADDITIONAL SUPPORT MA TERlAL Background Infonnation 121 Contract 121 171 AGENDA MEMORANDUM ADD~ONALBACKGROUNDINFORMATION Formation of Business Alliance On October 19, 1993, members of the Chamber of Commerce, Economic Development Corporation and the Convention and Visitors Bureau presented the Corpus Christi City Council with their plan to consolidate their organizations under a single proposed organization which eventually became the Greater Corpus Christi Business Allianceo The Chairmen of the Corpus Christi Bay Area Economic Development Corporation, Chamber of Commerce and the Convention and Visitors Bureau felt that the talents and resources of the business community should be united under one organization to develop a long- range vision and provide a method to fulfill that vision. The recommendation was supported in part by a February 1993 study by KPMG that reviewed the feasibility of consolidating the three entities. The Oty Council endorsed the concept on October 19,1993 by adopting Motion M93-306 which "supported the proposed consolidation of the Chamber of Commerce, Economic Development Corporation and Convention and Visitors Bureau." Since that date, funding for the Alliance has been provided annually by the Cityo ProDosed Reorganization of Business Alliance Subsequent to the November 9, 1999 Joint Meeting of the City Council and Alliance Task Force, the CVB Interim Board met and formulated recommendationso On December 21, 1999, CVB Interim Board Chairmen Bill Pruett provided the City Coundl with an update on the Interim Board's findings. Mro Pruett highlighted CVB activities and presented the Council with the Board recommendation that a 15 member permanent CVB Board be created. After discussion on the make-up of the Board, the Council directed City Staff to work with the Interim Board on a revised Board structure. The revised Board structure included in the proposed contract is as follows: Three (3) members from lodging industry Two (2) members from restaurant industry Two (2) members from area attractions Two (2) members from air/ground transportation industry Six (6) members from the community at-large Additional highlights of the agreement include the following: * Annual performance report to Council * Payment is based on the existing contract with the Alliance which is a base amount of$l,625,OOO plus performance bonus of 25% of increase in receipts in excess of $3,200,000 up to $5,000,000. Renegotiated after $5,000,000 * Term of agreement is thru July 31, 2005 172 FINAL CONSULTING SERVICES AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 9 9 KNOW ALL BY THESE PRESENTS 9 This Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter the "City") and the Corpus Christi Convention & Visitors Bureau, a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area (hereinafter the "Contractor"). WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi, and the City benefits both indirectly through more economic activity and directly by increased sales tax and hotel and motel occupancy tax income developed by such visitors and conventioneers; and WHEREAS, Contractor has professional personnel who are trained and experienced in the field of visitor and convention promotion and the City desires to continue such professional promotion and advertising service through a contractual arrangement with Contractor; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Convention and Visitor Services 1. Description of Services. Contractor agrees to provide professional services to the City through advertising and promotion of visitor and convention traffic to the Corpus Christi area, and to assist in creating conditions designed to encourage them to return on other visits and for meetings. Professional services to be performed by Contractor include but are not limited to the following: a. design and implementation of an advertising campaign with state, national, and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; b. development and distribution of literature, maps, folders and other advertising and promotional material to solicit visitors and conventioneers, and to better inform visitors and conventioneers oflocal attractions when they arrive; c. creation and distribution of movies, film clips, photographs, color separations and transparencies to be used for publicity; d. contacting publishers, film and television producers, editors, writers, media personalities, travel agents, tour producers, executives of associations and other convention and group meeting prospects for the purpose of inducing them to advertise, publicize and encourage 173 1 group movements to Corpus Christi, and providing transportation for such people on familiarization trips so that they may analyze the City's visitor and convention assets; e. direct, telephone, and mail contacts with employees or officers of groups which may desire to bring a convention to Corpus Christi; f development of brochures describing City of Corpus Christi convention facilities; g. distribution of such convention brochures through direct mailings; h. development and distribution of promotional items to be used at various meetings throughout the country to promote conventions coming to Corpus Christi; 1. development and distribution of a visual presentation for use at conventions; J development and distribution of a convention bid folder; k. development and distribution of pictures for association publications and convention programs; 1. provide support services to conventions in Corpus Christi; m. development and distribution of promotional advertising in convention trade publications; n. direct contacts at conventions elsewhere in the United States and North America to attract conventions to Corpus Christi; o. provide for the payment of all or a portion of convention center expenses for major conventions; p. involvement in and advising the City regarding the development of City activities and its physical appearance to improve the City's attractiveness or marketability to visitors; q. provide for the payment of all or a portion of shuttle bus expenses for major conventions; r. operation of at least two visitor information centers which shall make referrals to City attractions, including but not limited to the Aquarium, Lexington, and Museum of Science and History, as well as other area attractions, and shall endeavor to provide facilities through which reservations can be expedited at hotels and other facilities; s. development of ways to measure the percentage and number of people who visit attractions after stopping at visitor information centers; 2 174 t. compiling and analyzing data and information on tourism and convention business in Corpus Christi and comparable information on other locales; u. providing information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; v. advising the City on projected growth of tourism and convention-related business for the next five years to assist City planning efforts; and w. aggressively include in the fulfillment of its foregoing obligations, promotion and marketing of City-owned and sponsored facilities including but not limited to the Museum of Science and History, Convention Center, Coliseum, Marina, and Airport, through such methods as including materials promoting such attractions in mailouts and other efforts to assure that visitors to the Corpus Christi area receive information about such attractions. 2. Budget and Audit. The City Council shall approve in advance the annual budget of Contractor. Contractor shall make reports to the City Council for each fiscal year quarter, within 30 days of the end of that quarter, listing the expenditures made by Contractor with revenue provided by the City under this Agreement. Contractor must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle that revenue with any other money. The approval by the City Council of the annual budget of Contractor creates a fiduciary duty in Contractor with respect to the revenue provided under this Agreement. Expenditures must be recorded on a montWy basis in a separate fund account, according to the budget approved by the City. Contractor also shall provide an independent audit for such expenditures for each year based on a fiscal year ending July 31. Whenever any approved budgeted amount is exceeded by more than ten percent, Contractor must provide the City a report explaining the reasons for the variance. Expenditures exceeding the budgeted amount by more than ten percent must be paid from clearly identified funds of Contractor. All direct compensation paid to Contractor's employees out of the convention and visitor fund account must be reflected in a statement accompanying the budget. Accounting records and the necessary independent audit also must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law so as to include a statement of support, revenues and expenses, and balance sheets for all funds. Interest earned on payments made by the City must be clearly identified, credited, and reflected on the books as resulting from such investment of such funds and the same shall be available for Contractor use within the convention and visitor fund account. Any equities acquired by Contractor in personal or real property of any kind derived from funds in such account shall be reflected in such statement and shall be depreciated at a recognized rate. 3. Records. The books of account of the convention and visitor fund held by Contractor shall be maintained in a form approved by the City's Director of Finance and shall be available for inspection and copying by the Director, and his or her duly authorized agents and representatives during regular business hours of Contractor. 3 175 4. Reoorts. Quarterly on dates designated by the City Manager, Contractor shall furnish to the City a performance report of its convention and visitor services activities under this Agreement in a form determined by the City Manager and which shall reflect overall activity, meetings, conventions and conferences conducted and attended, identity and amounts of advertising contracts placed, number of personnel employed and their general duties, and copies of literature produced as well as a description of direct mailings, and similar information. The performance report shall include, but not be limited to, the following measure of activity: (1) number of sales calls, personal and telephone, number of site inspections and number of trade shows attended; (2) number of convention bookings, delegates, and room nights booked during the fiscal year; (3) number of visitor registrations at visitor information centers; (4) actual lodging tax generated for the city each year ending March 31; (5) number of column inches of publicity generated for fiscal year; and (6) number of visitor inquiries by mail and telephone in response to advertising; (7) projected lodging tax revenues from bookings, less any rental concessions at the Convention Center; (8) projected sales tax revenues from visitors; and (9) specific efforts directed toward promotion of City-owned facilities, including but not limited to the Convention Center, Museum of Science and History, Marina, and Coliseum (provided that, this provision shall not require Contractor to promote any of the foregoing visitor attractions to the detriment of other local attractions or be responsible for attendance figures at any particular attraction). 5. Bond. The officers and employees of Contractor designated to withdraw funds from the convention and visitor fund shall be covered by a blanket fidelity bond in a penal sum of $100,000. Such bond shall be provided by Contractor issued by a corporate surety designating Contractor as named insured, and in such form as to be approved by the City Attorney. 6. Comoensation. The City agrees that for the convention and visitor services performed by Contractor the City shall pay annually to Contractor the sum of$I,625,000 (the "Base Amount"). Provided, however, that should hotel/motel tax receipts to the City for the twelve months ending March 31 in any year fall below $3,200,000, the Base Amount for the following fiscal year shall be renegotiated. In the event the City's hotel/motel tax receipts exceed $3,200,000 for the same period, the City agrees to pay a performance bonus equal to twenty-five percent (25%) of the amount of tax in excess of $3,200,000 up to but not exceeding $5,000,000. If hotel/motel tax receipts to the City in any year ending March 31 exceed $5,000,000, the bonus amount shall be renegotiated. Notwithstanding the foregoing, the City shall be authorized to deduct from the above funding to Contractor such sums as are necessary to pay the debt service on a $2,910,000 portion of the City's combination tax and municipal hotel occupancy tax revenue certificates of obligation expended for the location and development of the Las Carabelas Columbus Fleet as a museum display adjacent to the Corpus Christi Museum of Science and History. Said deductions must be made only in the event the Las Carabelas Columbus Fleet Association fails to make its lease payments when due in an amount equal to cover such debt service obligation pursuant to the terms of the lease agreement in effect between said Association and the City and insufficient funds are available in the debt service reserve fund for such certificates to cover such payment. The City reserves the right to off-set up to the entire amount of any payment from the City to Contractor under this Agreement as may be necessary to cover such obligation, and in the 4 176 event additional funds are required to cover such payment, the Contractor agrees to pay such funds to the City within five (5) days. Provided, further, Contractor assures the City that the City shall not be liable for any operating deficit incurred by said Association in operating the Columbus Fleet nor shall the Association seek funding from the City for any such operating deficit. Contractor's obligations under this provision are expressly subject to (a) the continued appropriation by the City each year of hotel/motel tax funds for Contractor in an amount at least equal to the formula provided under this Agreement, and (b) the continuation of the offer on the part of the City to lease to Las Carabelas Columbus Fleet Association the area adjacent of the Corpus Christi Museum of Science and History on the same or similar terms as authorized by the City Council on December 20, 1994. Notwithstanding anything herein to the contrary, Contractor's obligations concerning Las Carabelas Columbus Fleet Association and the above- described bonds are not a general liability of the corporation but are solely payable out of the revenues received from the City into Contractor's convention and visitor fund. 7. Installments. During the term of this Agreement, the City shall pay to Contractor a sum equal to one-twelfth of the total annual amount payable to Contractor for the convention and visitor services herein engaged on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year ifhe deems such payments are justified by documentation provided by Contractor 8. Coovrights. It is understood and agreed that Contractor may copyright, to the use and benefit of the City of Corpus Christi, any material or document it deems appropriate and qualified for copyright and may administer said copyrights for the City during the term of this Agreement. 9. Convention Exoenses. Contractor shall be responsible for determining if the convention center expenses for a convention should not be charged to the convention if necessary to close a sale and for payment of those expenses from Contractor's convention and visitors budget. Contractor shall also work closely with the Regional Transportation Authority, or its successors and assigns, to develop good bussing plans for conventions, and to pay for buses when Contractor determines that free bussing is reasonably necessary to close a necessary convention booking. General Provisions I. Directors. The affairs of the Contractor shall be governed by a board of directors which shall be composed of fifteen (15) members selected directly by the City Council ofthe City. The members shall be representatives of the following groups: 3 members from the lodging industry; 2 members from the restaurant industry; 2 members from area attractions; 2 members from the air/ground transportation industry; and 6 members from the community at large. 177 5 The above members shall include persons from Padre Island, the Northwest area, and the Westside area in order to assure diverse geographic representation of the Corpus Christi Bay area on the Board. The Mayor and City Manager, or their designees, shall serve as additional non- voting members of the Board. Appointments to the Board will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. For the initial appointments lots will be drawn, with five to serve three-year terms, five to serve two-year terms, and five to serve one-year terms. The Contractor may make recommendations to the City Council for directors as directors' terms expire, but the Contractor always shall nominate more individuals than the number of positions available. The City Council is not restricted to select members from recommendations submitted by the Contractor or any other group. 2. Administration. Contractor's Board of Directors may establish those standing committees it deems necessary. Each committee must be elected by or approved by the vote of the full Board of Directors. The Board is authorized to and shall employ a President\ChiefExecutive Officer to exercise day to day management and administration of Contractor. 3. Open Meetings. Contractor agrees that meetings of its board of directors shall be open to the public, and such meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing particular agenda items before it. 4. Contracts. The City and Contractor agree that in no event shall the City be liable for any contracts made by Contractor with any person, firm, corporation, association or governmental body. 5. Non-liability. The City and Contractor agree that in no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against Contractor arising from its operations, or the use or maintenance of its facilities. 6. Annual Appropriations. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding must be included in the budget for that year and is not effective until so approved by the City Council. 7. Novation. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and the Greater Corpus Christi Business Alliance. 8. Term. The term of this Agreement shall commence as ofJanuary 1,2000, and it shall continue until July 31, 2005, subject to earlier termination as provided herein, and subject to renewal automatically on an annual basis thereafter. The parties acknowledge that a portion of the funding provided above during the City's 1999-2000 fiscal year has already been provided under that prior agreement between the City and the Greater Corpus Christi Business Alliance, and for 6 178 the purposes of the City's current fiscal year, this Agreement covers only the remaining portion of such funds. 9. T ennination. Either party may tenninate this Agreement at any time for any reason by giving one year's prior written notice to the other party. In the event the City shall cancel this Agreement upon one year's notice, the City shall assume any obligations of the convention and visitors fund with a term of less than one year and any other obligation approved in advance by the City Manager. 10. Change of Name. Contractor specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of T exas. No such change of name or use of additional names shall be deemed a modification of this Agreement. 11. Equal Opportunity Emplover. Contractor agrees to abide by the equal opportunity requirements of the City for its contractors and shall: (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin or disability; and (b) identify itself as an "equal opportunity employer" in all help-wanted advertising or requests. 12. Purchasing Requirements. Contractor must comply with all City purchasing requirements when spending money provided by the City from the Convention and Visitor Fund. 13 . Notices. All notices, requests or other communications related to this Agreement shall be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties shall, until changed as provided herein, be as follows: City: City of Corpus Christi, Texas 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Contractor: Corpus Christi Area Convention & Visitors Bureau 1201 Shoreline Drive P.O. Box 640 Corpus Christi, Texas 78403 Attn: President 14. Transfer of Sublease. The City consents to the transfer back to the Corpus Christi Area Convention & Visitors Bureau of that sublease ofthe space described in that Lease Agreement between the Corpus Christi Chamber of Commerce and the City dated September 19, 1980, to 179 7 Contractor, subject to the overall limitation ofleasehold interests provided under the terms of the sale of such property to the General Services Administration and the lease-back of such interests to the Greater Corpus Christi Business Alliance 15. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement shall beheld invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 16. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing from Contractor. 17. Modifications and Counterparts. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. of Executed on the dates indicated below binding the respective parties as of the ,2000. day CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI CONVENTION & VISITORS BUREAU By: David Garcia, City Manager By: Chairman ofthe Board ATTEST By: City Secretary APPROVED AS TO LEGAL FORM This _ day of ,2000. JAMES R BRAY, JR, CITY ATTORNEY By: Assistant City Attorney F:\ll \AgmlOO\C\fB..City.doc 8 180 20 CITY COUNCIL AGENDA MEMORANDUM January 20, 2000 AGENDA ITEM: Motion authorizing the City Manager or designee to execute an agreement with the Corpus Christi Regional Economic Development Corporation CEDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for an annual fee of $375,0000 The agreement term is January 1, 2000 thru July 31, 2000. ISSUE: The reorganization of the Business Alliance has resulted in the establishment of an autonomous entity which will provide economic development services to the Corpus Christi areao The Qty of Corpus Christi will contract with the EDC for its services. BACKGROUND: In July of 1999, the Olairperson of the Greater Corpus Christi Business Alliance appointed a 10-member task force to make recommendations on poSSible reorganization of the Alliance. After several meetings and substantial input from its members and the community, the task force recommended to the Alliance Board that the organization be structured into three autonomous entities: Convention and Visitors Bureau, Economic Development Corporation and the Chamber of Commerce. The Chairperson of the Alliance presented the task force's recommendation to the City Council at a Joint Meeting on November 9, 1999. After considerable discussion by both entities on the reorganization timetable and Board appointment process, the City Council accepted the recommendations and appointed the Mayor and Council Members Arnold Gonzales and Rex Kinnison to the EDC Interim Board. The Interim Boar::! was charged with the implementation plan and met frequently to formulate operating policies as well as the make-up of the permanent EDC Board. The Interim Board's recommendations have been incorporated in the subject agreement presented to Council. FUNDING: No additional funds are required for FY 99-00. Funding will come from the existing FY 99-00 economic development allocation to the Business Alliance. FUTURE COUNCIL ACTION: Appointments to the Economic Development Corporation Board will be made on February 8, 2000. ge Nee uty City Manager ADDITIONAL SUPPORT MA TERlAL Background Infonnation 121 Contract 121 181 AGENDA MEMORANDUM ADD~ONALBACKGROUNDINFORMATlON Formation of Business Alliance On October 19, 1993, members of the Chamber of Commerce, Economic Development Corporation and the Convention and Visitors Bureau presented the Corpus Christi City Council with their plan to consolidate their organizations under' a single proposed organization which eventually became the Greater Corpus Christi Business Alliance. The Chairmen of the Corpus Olristi Bay Area Economic Development Corporation, Chamber of Commerce and the Convention and Visitors Bureau felt that the talents and resources of the business community should be united under one organization to develop a long- range vision and provide a method to fulfill that vision. The recommendation was supported in part by a February 1993 study by KPMG that reviewed the feasibility of consolidating the three entities. The Oty Council endorsed the concept on October 19, 1993 by adopting Motion M93-306 which "supported the proposed consolidation of the Chamber of Commerce, Economic Development Corporation and Convention and Visitors Bureauo" Since that date, funding for the Alliance has been provided annually by the City. Prooosed Reorganization of Business Alliance Subsequent to the November 9, 1999 Joint Meeting of the City Council and Alliance Task Force, the EDC Interim Board met frequently and formulated recommendations. After several work. sessions, the EDC Interim Board, including the Mayor and Council Members Gonzales and Kinnison, recommended a 12 member permanent EDC Board of Directors with the following makeup: Three (3) City nominees Two (2) Port of Corpus Christi nominees One (1) Nueces County nominee Six (6) Board of Trustee nominees Additional highlights of the agreement indude the following: *Quarterly performance Report *$375,000 annual payment * Initial term of agreement is thru July 31, 2000, subject to automatic renewal on an annual basis thereafter 182 FINAL CONSULTING SERVICES AGREEMENT THE STATE OF TEXAS s S KNOW ALL BY THESE PRESENTS S COUNTY OF NUECES This Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter the "City") and the Corpus Christi Regional Economic Development Corporation, a Texas nonprofit corporation organized for the purpose of promoting economic development of the Corpus Christi area (hereinafter the "Contractor"). 1. Description of Services. Contractor agrees to provide professional services to the City in the area of economic development. Contractor will organize, coordinate, and lead the expansion of the Corpus Christi area's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. The professional services to be performed by Contractor may include the following: (a) Create and implement programs and strategies designed to promote the prosperity of, retention of, and expansion of existing industries and business enterprises. (b) Aggressively recruit and promote the Corpus Christi Bay area to prospects for new industries and business enterprises, particularly those which would substantially increase employment. (c) Negotiate, subject to the approval of the city council of the City or other applicable jurisdictions, attractive, sound, and economically viable incentives designed to foster the maintenance and expansion of existing industries and business enterprises as well as the inducement of new ones. (d) Advise and update the City of Contractor's status and progress on a quarterly basis (e) Undertake, from time to time, contingent upon both funding and resources, and at the direction of Contractor's board of directors: ( 1) developing information and conducting research on area and regional economics, finance, education and training, housing, planning, development, and other similar areas of public concern which are deemed necessary to further its efforts; (2) assisting in the dissemination of pertinent local information by using a broad range of delivery vehicles as deemed prudent and effective; and (3) participating, in conjunction with the South Texas Military Task Force, in periodic efforts to ensure the retention of military facilities in the Corpus Christi Bay area. 183 (f) Conduct any and all other lawful aCtiVIties which aid, assist, and encourage the economic prosperity and development of the City. 2. Records. Contractor agrees to record the revenues received from the City for economic development services as a portion of its general revenues on its books of account. Contractor agrees to record all of its revenues and expenditures in financial statements prepared in accordance with generally accepted accounting principles, which financial statements shall be made available to the City upon request. 3. Reports. Quarterly on dates designated by the City Manager, Contractor shall furnish to the City a performance report of its economic development services performed pursuant to this Agreement which shall reflect overall activity, meetings, contacts and other activities conducted by Contractor, such reports are to include such data as may be reasonably required by the City. Any communications or contacts which are of a confidential nature shall be limited to a general description only. 4. Compensation. The City agrees that for the economic development services performed by Contractor, the City shall pay to Contractor the sum of $375,000.00 for the in;,:::' oeriod covered by this Agreement and thereafter that amount set by the City in its annual budget each year for compensation under this Agreement. The fees and expenses due for economic development services under this provision shall be payable in quarterly installments. A report of the activities of the Contractor shall be provided with each invoice. General Provisions 1. Directors. (a) The city council ofthe City shall be entitled to nominate three (3) of the members of the board of directors of Contractor, which persons may be City Council members or other public officials. The term of office of such persons as directors shall coincide with the terms of office of the City Council. Also, the City Manager shall serve as an ex-officio, non-voting member of the board of directors of Contractor. (b) Each of the above directors nominated by the City shaH be elected to the board of directors of Contractor by the majority vote of its board. In the event Contractor fails to elect any such directors, such failure shall constitute a breach of this Agreement and all funding by the City shall be terminated (c) The remainder of Contractor's board of directors shaH be comprised of not more than six (6) persons elected by Contractor's membership in accordance with its bylaws and three (3) appointed by other governmental entities. In the event the City fails to renew this Agreement or make the annual appropriations required under this Agreement, all directors nominated by the City and appointed by Contractor shall forfeit their remaining terms of office. 2. Contracts. The City and Contractor agree that in no event shall the City be liable for any contracts made by Contractor with any person, firm, corporation, association or governmental body. 2 184 3. Non-liabilitv. The City and Contractor agree that in no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against Contractor arising from its operations, or the use or maintenance of its facilities. 4. Annual Appropriations. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding must be included in the budget for that year and is not effective until so approved by the City Council. 5. Novation. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and the Greater Corpus Christi Business Alliance. 6. Term. The term of this Agreement shall commence as ofJanuary 1,2000, and it shall continue until July 31, 2000, subject to earlier termination as provided herein., and subject to renewal automatically on an annual basis thereafter. The parties acknowledge that a portion of the funding provided above during the City's 1999-2000 fiscal year has already been provided under that prior agreement between the City and the Greater Corpus Christi Business Alliance, and for the purposes of the City's current fiscal year, this Agreement covers only the remaining portion of such funds. 7. Termination. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. 8. Chan~e of Name. Contractor specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No such change of name or use of additional names shall be deemed a modification of this Agreement. 9. Equal Opportunitv Emplover. Contractor agrees to abide by the equal opportunity requirements of the City for its contractors and shall: (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin or disability; and (b) identifY itself as an "equal opportunity employer" in all help-wanted advertising or requests. 10. Notices. All notices, requests or other communications related to this Agreement shall be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified Notice given in accordance with ( a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties shall, until changed as provided herein, be as follows: City: City of Corpus Christi, Texas 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 Attn City Manager 18~ Contractor: Corpus Christi Regional Economic Development Corporation 1201 Shoreline Drive P. O. Box 640 Corpus Christi, Texas 78403 Attn: President 11. Severabilitv. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 12. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing from Contractor. 13. Modifications and Counteroarts. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. EXECUTED on the dates indicated below but effective as of the 1st day January, 2000. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION By: Chairman of the Board Date: CITY OF CORPUS CHRISTI, TEXAS By: David R. Garcia City Manager Date: ATTEST: By: City Secretary APPROVED AS TO LEGAL FORM This _ day of , 2000. James R. Bray, Jr., City Attorney By: Assistant City Attorney F:\lllAgmlOO\EDC~City.doc 4 186 Contractor: Corpus Christi Regional Economic Development Corporation 1201 Shoreline Drive P. O. Box 640 Corpus Christi, Texas 78403 Attn: President 11. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 12. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing from Contractor. 13. Modifications and Counterparts. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. EXECUTED on the dates indicated below but effective as of the 1st day January, 2000. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION By: Chairman of the Board Date: CITY OF CORPUS CHRISTI, TEXAS By: David R. Garcia City Manager Date: ATTEST By City Secretary APPROVED AS TO LEGAL FORM This _ day of ,2000. James R. Bray, Jr., City Attorney By: Assistant City Attorney F:\ll \Agmt.OO\EDC-City.doc 181 Corpus Christi Regional Economic Development Corporation Mission Statement The Economic Development Corporation will organize, coordinate, and lead the expansion of the Corpus Christi area's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. I Corpus Christi Regional Economic Development Corporation Membership /Board Structure Corpus Christi Regional Economic Development Corporation Proposed Budget (Jan - July) Proposed Jan - July Revenue Renewed Dues / Trustee Program 180,200 City of CC 218,750 Nueces County 46,667 Port of CC 116,667 Total 562,283 Expenses Payroll 191,368 Operating Expenses Acctg/Legal/Profes 6,300 Advertising 69,786 Bd of Directors 1,100 Community Relations 4,500 Corp Comm Rel'ns 1,950 Computer Supplies 1,900 Collateral Printing 79,699 Copying/Printing 1,900 Dues/Subscriptions 1,800 Equip Lease/Rental 7,151 Equip Repair/Maint 0 FoodBeverage 4,900 Insurance 3,622 Misc 0 Meeting Expense 0 Monterrey Office 4,181 Office Supplies 2,900 Photography 3,967 Postage/Freight 2,000 Program Costs 30,000 Building Maint 1,597 Ufilities/Maint 6,097 Seminar Expense 0 Special Projects 20,000 Staff Dev't/Education 2,000 Subcontracts 28,584 Telephone 8,911 Trade Shows 14,250 Travel/Ent/Meals 5,500 SBDC 23,804 Total 338,398 Total Expenses 529,766 Plus deficit from Aug - Dec 32,517 562,283 190 Corpus Christi Regional Economic Development Corporation Quarterly Highlights (Nov. - Jan.) • Staff: 3 employees, 2 contractors (part-time), 1 on loan • Performance measures — Leads 70-75 — Proposals 45 — Visits 9 • Staff development • Alliance to EDC transition Corpus Christi Regional Economic Development Corporation Quarterly Highlights Continued... • Advertising Plan — Expansion Management Magazine: • Direct mail piece (sent last week of December) N First ad came out in the January / February issue — Plants Sites and Parks • First ad came out in the December / January issue • Operation: Target Companies (new initiative) — Specific targeted extension of upstream/downstream analysis — Leading to specific proposals and visits 21 CITY COUNCIL AGENDA MEMORANDUM January 20, 2000 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a five year lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a Museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the breakwater, and the bay, and a portion of the adjacent beach, as shown on the attached Exhibit A ("Premises"), in consideration of the Museum paying $1 per year, in advance; and providing for publication. ISSUE: The Lady Lex Museum on the Bay Association operates the Lexington Museum on submerged lands located on Corpus Christi Bay owned by the City. The existing lease expires in June 2002. Since the Museum has been under the supervision of the Alliance and the Alliance is terminating, it is appropriate for a new lease to be instituted that will delete the Alliance from the Museum lease and place additional City safeguards. Any lease requires Council action. CONCLUSION AND RECOMMENDATION: We recommend that the Council approve the new lease with the Museum which will replace the existing lease. 2Jikm#o ak- W. Thomas Utter Assistant City Manager 193 BACKGROUND INFORMATION The Lady Lex Museum on the Bay Association operates the USS Lexington Museum on submerged lands located in Corpus Christi Bay that are owned by the City. The first lease was authorized February 18,1992, and it has previously been extended on two occasions, with the current lease term ending June 30, 2002. In 1992, the City of Corpus Christi issued its Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation in the amount of $3,000,000 to fund the construction of the pier and infrastructure required for the Museum. The Corpus Christi Area Convention & Visitors Bureau at that time agreed to pledge its portion of the Hotel/Motel Tax Funds to the payment of the Bonds if revenues from the Lexington Museum were not sufficient to cover debt service. When the Greater Corpus Christi Business Alliance was formed in 1994, that obligation was assumed by the Alliance. As part of the arrangement for issuance of the Bonds, the Bylaws for the Lady Lex Museum on the Bay Association were amended to provide that appointment of the Board of Directors and adoption of the annual budget for the Museum were subject to the approval of the Convention & Visitors Bureau. That function also was assumed by the Alliance as part of the consolidation. When the Certificates of Obligation were issued in connection with development of the Santa Maria Plaza, the pledge of the Hotel/Motel Tax Revenues by the Alliance for the Lexington was released and replaced with a similar pledge for the Columbus Fleet Association. The Lexington Museum always has made its debt service payments on time for the $3,000,000 Lexington Bonds, and the City never has had to utilize Hotel/Motel Tax funds for any Lexington Bond payments. The provisions in the Bylaws, however, concerning approval of the Board of Directors and annual budget by the Alliance were never changed. With the reorganization of the Alliance into three separate entities, we need to clarify the reporting requirements and the relationship with the Lady Lex Museum on the Bay Association. The proposed new lease agreement includes three new provisions concerning the annual budget, events of default and available remedies in favor of the City. With these provisions in place, The Lexington Museum will no longer need to be under the oversight of the Alliance or the Bureau or some other entity: 194 1. The Association will submit to the City's Director of Finance a copy of its annual budget each year. 2. The Association will continue to file quarterly operating statements and an audited annual financial report with the City's Director of Finance. 3. The following events will be considered events of default under the Lease: (a) Failure to deliver the bond debt service payment to the City at least thirty days prior to the date it is due. (b) Failure to deliver to the City at least thirty days prior to the due date the amount of any mandatory sinking fund deposit required under the Bonds. (c) Failure to maintain in its restricted reserve accounts an amount equal to one year's debt service on the Bonds. (d) Reporting a net operating loss for any fiscal year. (e) Failing to address any material condition maintenance deficiency as reflected in the annual inspection report by the U. S. Navy by the time of the next inspection report. (f) Any other default under the Lease. 4. In the event of any of the above defaults, the City will have the ability to enforce a remediation plan with the Association to remedy the problem. If the remediation plan is not successful, the City may require a change in the membership of the Board of Directors of the Association or its management in order to address the situation. The City Charter allows leases of Corpus Christi Bay Areas for periods up to five years. This new amended lease will extend the lease term to June 30, 2005. 195 Final LEASE AGREEMENT STATE OF TEXAS s S KNOW ALL BY THESE PRESENTS: S COUNTY OF NUECES This Lease Agreement is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation (the "City") and the Lady Lex Museum on the Bay Association, a nonprofit corporation (the "Association") on the terms and conditions hereinafter set forth. 10 LEASE PREMISES: The City Association's faithful performance of herein, leases to the Association the hereinafter called the "Leased Land": in consideration of the the covenants described following described land, That certain portion of the submerged lands of Corpus Christi Bay patented by the State of Texas to the City of Corpus Christi by Patent No. 86, Volume 2l-A dated January 4, 1924, together with a certain portion of Corpus Christi Beach adjacent thereto, all of which is described on Exhibit "A" attached hereto which is incorporated herein for all purposes 0 2. a.m. July 200S. TERM: The term of this Lease shall commence at 12: 01 1, 2000, and shall continue until midnight, June 30, 3. RENTAL: The Association agrees to pay to the City, or its designated agent, rentals in the amount of ONE DOLLAR ($1.00) per year, then, in advance, on the first day of the Lease. This consideration is given in addition to the other covenants and obligations of the Association provided under this Lease Agreement. 40 PERMITTED USE: The Leased Land shall be used for the berthing of the U.S.S. Lexington, its operation by the Association as a museum, together with any and all related uses authorized for organizations exempt from federal income taxation under Section SOl (cl (3) of the Internal Revenue Code of 1986, as amended. The Association shall endeavor to operate the facility as a first-class naval museum and meet all requirements of the U.So Navy for maintaining the U. S . S. Lexington. The Association shall maintain hours of operation open to the public and admission fees similar to comparable attractions. with S. all COMPLIANCE WITH LAWS: laws, ordinances, The Association agrees to comply orders, rules, regulations and 196 requirements of federal, state and local governments, and of all of their departments, applicable to the Leased Land. 6. WETLANDS: The Leased Land may contain officially designated wetlands, and the Association agrees that said wetland areas will not be altered, damaged or constructed upon unless the proper permit has been obtained from the appropriate regulating entities 0 The Association shall be responsible for obtaining all such necessary permits and completing any required mitigation. Any such mitigation project shall be considered a necessary and related construction project for the improvements contemplated to be constructed under this Lease Agreemento 7. MAINTENANCE: The Association accepts the Leased Land in its present condition, AS IS and WITH ALL FAULTS 0 The Association shall throughout the term of this Lease Agreement take good care of the Leased Land, including the mooring, piers, ticket booths and all other improvements located thereon, keep them free from waste or nuisance of any kind, and shall be responsible for and shall perform, or cause to be performed, maintenance, including custodial maintenance, and repair of the Leased Land and the facilities located thereon. 8. POSSESSION: Possession of the Leased Land shall be granted to the Association at the time of the effective date of this Leaseo 9. LIABILITY INSURANCE: The Association shall carry and pay the premiums for liability insurance of the types and in the limits stated below. The City shall be endorsed as an additional named insured by the Association on said policies, with the exception of the insurance required for workers' compensation. (a) Public liability insurance, including coverage for poisoning or illnesses from food or drink, in the amount of $500,000 for bodily injury or death to anyone person, $1,000,000 for bodily injury or death for one occurrence, and $100,000 for any claim of property damage per occurrence 0 Such policy shall additionally include endorsements for contractual liability covering the Association's obligations herein. In the event alcoholic beverages are to be served on any premises covered by this Lease, the Association shall addi tionally obtain or cause to be obtained alcoholic beverage liability insurance covering the event or time period during which alcoholic beverages are to be served. (b) Workers' compensation insurance covering any employees on the Leased Premises as governed by the laws of the State of Texas and employer's liability insurance with 2 197 minimum limits of liability of $100,0000 The workers' compensation insurance shall be endorsed to waive any rights of subrogation the insurance company may acquire by reason of the payment of any claim against the city and any of its respective Council members, officers, employees, agents and attorneys 0 As an alternative to workers' compensation insurance, the Association may establish one or more employee benefit plans providing for the payment of medical expenses and lost wages in the event of an on-the-job injury suffered by an employee. Such insurance policies shall not be canceled, materially changed, or not renewed, without thirty (30) days' prior written notice to the Cityo A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the City, and copies of the insurance policies shall be promptly furnished to the City upon its written request. Failure of the Association to maintain said insurance for the term of this Lease Agreement shall be grounds for termination hereof by the City. 100 HAZARD INSURANCE: The Association agrees to keep the museum-related improvements and all associated personal property (excluding aircraft and historic items) located on the UoSoSo Lexington which shall be berthed on the Leased Land insured against loss or damage by fire, windstorm, or other extended coverage risk for at least 80% of their full insurable value or to the maximum amount available from the Texas Catastrophe Insurance Pool (if such Pool coverage is the only coverage available to the Associat1.on), whichever is less 0 Such hazard insurance policy shall name the City as an additional insured and loss payeeo The Associaticr;. shall furnish copies of such hazard insurance policies to the City upon request. No such insurance policy shall be canceled, materially altered, or not renewed without thirty (30) days' prior written notice to the City. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the City, and copies of the insu"a:-:-~ ~G:o.~cies shall be promptly furnished to the City upon its ".'''___2:, ~'2'":'~~st. Failure to maintain said insurance for the term of this Le'-'-, Agreement shall be grounds for termination. 11 0 UTILITIES: The Association shall be responsible for obtaining water, sewer, electricity and gas service connections for use on the Leased Land; and the Association shall pay all utility connection Charges related theretoo During the term of this Lease Agreement, the Association shall further pay when due all charges and costs for utilities consumed on the Leased Land. 120 TAXES OR OTHER IMPOSITIONS: The Association shall timely pay any and all ad valorem taxes or other impositions, if any, which may be levied, assessed or otherwise imposed pursuant to 3 198 its occupancy of the Leased Land and the improvements located thereon during the term of this Leaseo 13. INSPECTION: The City, and its employees and designated agents, shall have the right to enter upon the Leased Land at all times for the purposes of inspection, for emergency repairs to utility systems, and to otherwise protect its interests as Landlord hereunder. Nothing herein shall be construed to restrict the City in the exercise of any of its police powerso 140 SIGNS: The Association shall not place any advertising signs on the Leased Land without compliance with all City codes and regulations. All such signs shall be kept in a continual state of good repair, and failure to do so may result in removal of said signs from the Leased Land. 150 LIENS: The Association shall not perrni t any mechanics' and materialmen's or other liens to be fixed or placed against the Leased Land and agrees to immediately discharge (either by payment or by filing the necessary bond, or otherwise) any such liens which are allegedly fixed or placed against the Leased Land. The Association reserves the right to contest with due diligence the reasonableness of any such charges or impositions against the Leased Land, and the City agrees not to interfere with such contested proceedings or otherwise to declare a default under this Lease due to such proceedings. 16. HAZARDOUS MATERIALS: Wi th respect to any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any applicable federal, state or local laws, ordinances or regulations (including, without limitation, friable asbestos and asbestos deemed hazardous by federal or state regulations) (such substances collectively referred to hereinafter as "Hazardous Materials" and such laws, ordinances and regulations together with all rules, orders and permits pursuant thereto collectively referred to hereinafter as "Hazardous Materials Laws"), the Association: (a) represents that the Association will not (i) store, bury, install, transport, treat or dispose of any Hazardous Materials at, to or from the Leased Land in violation of any applicable Hazardous Materials Laws, or (ii) cause or allow the release, discharge, emission, leak, spill or dumping of any Hazardous Materials at or from the facilities on the Leased Land except for those releases allowed under applicable Hazardous Materials Laws; (b) covenants to (i) comply with all applicable Hazardous Materials Laws with respect to the manufacture, storage, 4 199 transmission, presence, discharge and removal of Hazardous Materials at or from the facilities on the Leased Land, (ii) pay promptly within thirty (30) days of when demand is made the costs of any required removal of any Hazardous Materials from the Leased Land and keep the Leased Land free of any lien imposed pursuant to any Hazardous Materials Laws, (iii) not locate nor allow location of any underground storage tanks on the Leased Land, (iv) not locate any materials containing asbestos of any type or nature on the Leased Land, and (v) notify Landlord promptly in writing of the commencement of any legal or regulatory proceedings relating to Hazardous Materials affecting the Leased Land; and (c) agrees to indemnify and to hold harmless the City, its officers, employees, agents, successors and assigns from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs, and expenses (including attorneys' fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by the City at any time or from time to time, by reason of or arising out of any violation of any Hazardous Materials Laws occurring since the commencement of the Association's occupancy of the Leased Land. The Association's obligations hereunder shall arise upon the discovery of the presence of any Hazardous Materials, whether or not any federal agency or any state or local environmental agency has taken or threatened any action in connection with the presence of any Hazardous Materials. The foregoing indemnity shall survive the expiration of this Lease. In the event the Association fails, after reasonable notice, to pay any amounts described in this provision, the City may, but shall not be obligated to, cause the Hazardous Materials to be removed from the Leased Land and the cost of such removal shall be payable by the Association; provided, however, that the Association may in good faith contest the reasonableness or necessity of any requirement by any federal, state or local environmental agency, and upon the Association's providing reasonable security to assure its performance, the City agrees not to interfere in the Association' s proceedings with such agency. 17. INDEMNITY: The Association hereby covenants and agrees to at all times indemnify and save harmless the City, its officers, employees, agents and attorneys, and the Leased Land, from and against any cost, liability, damages or expense arising out of any claim by any person or persons whatsoever by reason of the use or misuse of the Leased Land and shall indemnify and save harmless the Ci ty from any penalty, damage or charge incurred or imposed by 5 200 reason of any violation of law or ordinance by the Association, and shall indemnify and save harmless the City from any cost, liability, damages, or expense arising out of the death of or injury of any person or persons or damage to property arising out of the Association's operations on the Leased Land. 18. BUDGET: The Association shall submit to the City's Director of Finance a copy of its annual budget adopted each year showing anticipated revenues and expenses for the new year with a comparison to the actual revenues and expenses for the previous year. Such budget shall be formulated according to generally accepted accounting practices and in a form approved by the City's Director of Finance. 19. RECORDS AND REPORTS: The Association shall keep strict and accurate books of account of all receipts collected and other revenues received. The Association agrees to furnish to the City's Director of Finance certified quarterly statements of revenues and expenditures concerning its operations within thirty (30) days from the end of each quarter. Such statements shall be formulated according to generally accepted accounting practices and in a form approved by the City's Director of Finance. The Association's books of account shall be open for inspection by the City during business hours. All underlying documentation for the Association's quarterly statements shall be preserved by the Association for at least five (5) years. The Association additionally shall furnish to the City a copy of its annual audited financial report within 120 days of the end of each fiscal year of the Association. 20. DEFAULT: The following events shall be considered events of default under the terms of this Lease: (a) Failure of the Association to deliver to the City at least thirty (30) days prior to the bond payment due date, the amount of any payment required under those City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 1992 in the original principal sum of $3,000,000 (the "Bonds") . (b) Failure of the Association to deliver to the City at least thirty (30) days prior to the due date, the amount of any mandatory sinking fund deposit required under the Bonds. (c) Failure of the Association to maintain in its restricted reserve accounts an amount equal to one year's debt service on the Bonds, inclusive of any mandatory sinking fund deposits, at all times during the term of this Lease or any extension hereof. (d) In the event that for any fiscal year the Association reports a net operating loss. In this regard, the amount of gain or loss shall be calculated without regard to depreciation as an 6 201 operating expense. (e) In the event that the annual u.s. Navy inspection report of the ship shows a material condition deficiency which has not been addressed by the following inspection report. The Association agrees to forward to the City Manager of the City a copy of the inspection report each year within thirty (30) days of receiving such and a copy of the Association's response. (f) In the event the Association fails to comply with any other covenant or condition of this Lease, after thirty (30) days' written notice of same, with an opportunity to cure during such period. 21. REMEDIES: In the event of any default in the performance of this Lease by the Association, the Association may submit to the City, within twenty (20) days of such default, a remediation plan showing the manner in which the Association plans to remedy the default, a detailed budget supporting the plan, the parties involved in remedying such default, and a detailed timeline for the implementation of such plan. Upon any such default, the City shall have the right to: (a) Approve the remediation plan submitted by the Association and continue to monitor compliance with the plan. In such case, any default by the Association in the remediation plan shall constitute a new default under this Lease. (b) Require that changes be made in the remediation plan submitted by the Association. In such case, if the Association concurs with such changes, the remediation plan shall proceed as provided above. If the Association does not concur in such changes, the City shall have the right to exercise any of the remedies provided below. (c) Adopt a remediation plan, in the submitted by the Association. In such case, fails to comply with the requirements of such have the right to exercise any of the remedies event one is not if the Association plan, the City shall provided below. (d) Require a change in any or all of the of directors of the Association or the Association, including the appointment by the of directors to govern the Association in articles of incorporation and bylaws. members of the board management of the City of a new board accordance with its (e) Notify the Association of the termination of this Lease and direct the Association to vacate the Leased Land, subject to making any necessary arrangements for the maintenance or relocation of the U. s. s. Lexington consistent with the requirements of the United States Navy. In such event, the Association shall proceed 7 202 with due diligence in completing such Association fails to diligently complete may exercise its rights in (d) above. relocation, and if the such relocation, the City 22. NONDISCRIMINATION: The Association shall be responsible for the fair and just treatment of all of its employees and patrons. The Association warrants that it is and will continue to be an equal opportunity employer and it hereby covenants that no employee or customer shall be discriminated against because of race, creed, color, sex, national origin or disability. 23. COSTS OF PUBLICATION: The Association shall be responsible for payment of any costs of publication of this Lease as may be required by the City Charter of the City. 24. ASSIGNMENT: The Association may not assign this Lease nor sublease the Leased Land, or any part thereof, without the written consent of the City Council, which consent shall not be unreasonably withheld. Such assignment shall not relieve the Association from its obligations hereunder unless such release is expressly granted by the city in approving such assignment. 25. FORCE MAJEURE: If by reason of force majeure either party hereto shall be rendered wholly or in part unable to carry out its obligations under this Lease, then except as otherwise expressly provided in this Lease, if such party shall give notice and the full particulars of such force maj eure in writing to the other party within a reasonable time after the occurrence of such event or cause, the obligations of said party giving such notice, so far as they are affected by such force majeure, shall be suspended, and such party shall endeavor to remove or overcome such inabili ty with all reasonable dispatch. The term "force maj eure" shall mean acts of God, strikes, industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, riots, epidemics, hurricanes, fires, floods, civil disturbances, explosions, or other accidents or causes not reasonably within the control of the party claiming such inability. 26. MODIFICATIONS: No changes or modifications to this Lease shall be made, nor any provisions waived, unless in writing, signed by a person authorized to sign agreements on behalf of each party. 27. LEASE understood by relationship is Nothing herein parties hereto, relationship of parties. RELATIONSHIP: It is specifically agreed and the parties hereto that a landlord-tenant created under the terms of this Lease Agreement. contained shall be deemed or construed by the nor by any third party, as creating the partnership or of joint venture between the 8 203 28. CITY AUTHORITY: Except as specifically provided herein, the Association shall not have any authority to bind the City to any contract, indebtedness or obligation in any manner without the express written consent of the City. The City reserves the sole and exclusive right to exercise its police powers and other governmental authority concerning any matters related to this Lease. 29. NOTICES: Any notices or other communications relating to this Lease shall be made in writing and may be given by (a) depositing same in the United States mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this section, or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties hereto shall, until changed in the manner of giving notices as provided herein, be as follows: CITY: City of Corpus Christi, Texas 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager ASSOCIATION: Lady Lex Museum on the Bay Association 2914 N. Shoreline Drive P.O. Box 23076 Corpus Christi, Texas 78403 Attention: President 30. ALTERATIONS: The Association may make alterations to the permanent improvements located on the land areas comprising the Leased Premises with the consent of the City Manager of the City, or the City Manager's designee. 31. SEVERABILITY: In the event litigation concerning this Lease which results in one or more clauses herein to be found invalid, all other provisions of this Lease shall remain as written and be enforceable in accordance with their terms. 9 204 32. REPLACEMENT LEASE: This Lease extends, amends and replaces that prior lease dated February 25, 1997, authorized by Ordinance No. 022858 of the City Council of the City. EXECUTED on this day of , 2000. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary By: David R. Garza City Manager APPROVED: day of , 2000 City Attorney LADY LEX MUSEUM ON THE BAY ASSOCIATION By: Richard Leshin President F:\ll\AgmLOO\Lex-Lease.doc 10 205 / , " r-VI-IIBJI "A" t..o. , ,o.J , \ '. \ \. / r \\ \\ II \\ \\ ~ -"1 iM ~ ~ ll- ~ :d~1 '~ Z ..;j 2 ;:;:>8~J" l"""" III m III ~ C \!)ozo_~ Z~~~ix~ x Cl cz: 0 :I 0 fa W 50 f \1'1 g: -Jo ~~!c~ a "- ,:.: ~ ~llll]- ~i ~ 'U1IIl \J \J \J Q. "-"<"":'~:::~;';;{~~~>':45:S:',::' . 206 ~ <5 ~ t:J .. X W --' (/) (/) ::J . - . ~\ "'. "', -\ W' . ~\ >- C>: "" C> :z ::J o en .." r- . "'\ . , \ . . \ . . \ , . \ , , I ,~:;...r.~~':.!e~,.;,,;,~~~~~ .,'::;;'~~,~~~"Jl:C.!6 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH THE LADY LEX MUSEUM ON THE BAY ASSOCIATION ("MUSEUM")TO BERTH THE U.S.S. LEXINGTON FOR ITS OPERATION AS A MUSEUM ON A PORTION OF THE SUBMERGED LANDS PATENTED TO THE CITY IN JANUARY 1924, BEING ROUGHLY BOUNDED BY BREAKWATER AVENUE, BRIDGEPORT AVENUE, THE BREAKWATER, AND THE BAY, AND A PORTION OF THE ADJACENT BEACH, AS SHOWN ON THE ATTACHED EXHIBIT A, IN CONSIDERATION OF THE MUSEUM PAYING $1 PER YEAR, IN ADVANCE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five year lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the Breakwater, and the Bay, and a portion of the adjacent beach, as shown on the attached Exhibit A ("Premises"), in consideration of the Museum paying $1 per year in advance. A copy of the lease is on file with the City Secretary. SECTION 2. 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-DIR\ VERONICA\ALISON\ORDOO.800\AGQRDOO.8] 6 207 22 City Council Agenda Memorandum AGENDA ITEM: Motion approving staff responses to recommendations that are outlined in the Disparity Study. ISSUE: The City Council entered into an interlocal agreement with the LBJ School of Public Affairs to conduct a study which would determine if any form of discrimination or disparity existed in the City's contracting activities. The Disparity Study findings have been submitted and City Staff has formulated responses to the findings and recommendations. BACKGROUND: On November 9, 1999, Dr. Jon Wainwright and Colette Holt presented a review of their findings in the City of Corpus Christi Disparity Study. The City of Corpus Christi authorized this study under an Interlocal Agreement with the LBJ School of Public Affairs, University of Texas at Austin During the November 9th presentation, the City Council requested Staff to respond to the proposed recommendations included in the study. Staff submitted its responses to the recommendations for the Council's last meeting in December. However, due to the Council's agenda, the presentation was postponed. REQUIRED COUNCIL ACTION: Council approval of Staff response to propose recommendations listed in the Disparity Study so further study can be made by staff before implementation can begin. FUNDING: The Motion does not require funding at this time. RECOMMEDATION: Request Council passes the aforementioned motion as listed above. 0~J;.. k Helen R. Gurley, Ph.D. Director of Human Relatio 209 Staff's Response On the City of Corpus Christi Disparity Study Proposed Recommendations On November 9, 1999, the City Council asked the Staff to respond to recommendations derived from the Disparity Study. In order for the Disparity Study Committee to receive the widest spread of comments and responses concerning the Proposed Recommendations, we asked all City Department heads to respond to the recommendations affecting their departments. Below we have taken their comments and responses, and developed them into an overall response from Staff: A. Race and Gender Neutral Measures: 1. Review City staff job descriptions to commit all staff to non-discrimination and equal opportunity policies. Performance evaluations' should make all relevant personnel accountable for the success of the City's M/WBE and other equal opportunity initiatives. Response: Staff agrees with this recommendation. Implementation: The staff believes this recommendation could be easily incorporated into our current performance evaluation system without additional cost by including this commitment as one of the measures that can be included in the Department Head's performance evaluation. This measure can begin v- ' :._ next evaluation cycle. 2. Educate user departments on the City's MlWBE initiatives so that their purchasing decisions are informed by the City's commitment, and they make affirmative efforts to level the playing field for M/WBEs to participate in business opportunities. Response: Staff agrees with this recommendation. Implementation: The Human Relations Department will development training materials to educate all department users on equal opportunity in the selection and recruitment of minority, women and small businesses to be used as vendo:s and/or contractors. It would be a nominal cost for development and materials. The training could be a routine part of the Human Relations Training Program. Additionally, there should be regular reviews on this issue, possible quarterly or biannually. 210 3. Evaluate contracts and supply agreements for segmenting into smaller jobs, so that MlWBEs and other small businesses may more easily participate. Response: Staff agrees with this recommendation on a case by case basis. Legal Opinion: This recommendation is not generally a legal problem so long as a city officer does not "intentionally or knowingly make or authorize separate, sequential or component purchases to avoid the competitive bidding requirements" of state law TEXAS LOCAL GOVERNMENT CODE, Section 252.06(a). Implementation: The Engineering and Materials Management Departments will review projects or purchases on a case-by-case basis and segment portions of work or orders which could be broken out into smaller stand - alone projects or orders, but which must still be bid. 4. Ensure that notices of bidding and contracting opportunities are widely circulated, both to MlWBEs and to minority and women-focused media, organizations and forums. User department opportunities should be included in the Materials Management Department's weekly advertisements. These steps will maximize opportunities for MlWBEs to obtain work via the competitive bidding process. Response: This recommendation can be met at a minim,,] cost to the City. Implementation: The Materials Management Department will begin circulating a weekly, one (I) page sheet to MBOC, and any other local MlWBE's and media organizations that request to be included on the department's mailing list. The department will obtain a listing of MlWBE's from the MBOC initially. The summary sheet would include all formal and informal bid invitations issued by the Materials Management Department. We will include on this weekly listing of bid invitation a general statement informing the public of a centralized phone number and name of the employee who's responsible for small procurement activities within each department. The Engineering Department will include a web-page listing outlining the following: I. Public Works construction contracting procedures; 2. IO-Steps for doing business with the City of Corpus Christi, Engineering Services construction projects; 3. Bonding and Insurance requirements fur contracts; 4. Bidders Information form; 5. Current weekly Notice of Projects out for bids. 6. Bid Results for past 30-days bid openings. 2 211 In addition to the current individual Notice to Bidders weekly mail out, free plan holders listings MBOC, AGe, Dodge Reports, etc. 5. Evaluate opportunities for MlWBEs to participate in sole source and emergency contracts. User departments should take steps to ensure that staff responsible for those decisions are knowledgeable about qualified MlWBEs. Response: 1bis can be accomplished without cost since "sole source" by definition would mean the only source, whether MlWBE or not. According to the City Attorney, there is no legal impediment to ensuring that lists for emergency contracts contain qualified MlWBEs, as well as others. Implementation: The Materials Management Department and Engineering will develop a listing of qualified Emergency Contractors that would include both MlWBEs and others. 6. Consider setting aside some smaller commodities purchases for bidding only by small businesses. Size standards for firms would have to be set; for example, those used by Small Business Administration 8(a) Programs could be adopted. Response: Staff agrees with this recommendation, since the City Attorney is unaware of any legal impediments to "small business" set-aside. However, this will impact the Materials Management Department, because it will take anywhere from six months to one (1) year to implement a program. Implementation: Establishing a set-aside program can be developed without violating any State Statutes regarding requirements of contracts and open market purchases if these purchases are under $15,000. All Purchases under $15,000 are exempted from competitive bidding statutes with the exception of the HUB (Historically Underutilized Businesses) notification requirement. The HUB Statute requires the City to notify a minimum of two HUB's for contracts exceeding $3,000. To implement a set-aside program at this time could be costly, and would require an extensive amount of work since the Materials Management Department currently uses a manual filing system of suppliers information. Also, an analysis of the type of commodities offered by MlWBE's must first be completed to determine the targeted commodities that would be included on a set-aside list. Finally, due to a shortage in the Materials Management Department, monitoring and enforcement at the department level would prove to be a difficult task since the Automated Bidder's List that should be shared by aU City Departments is not available. Full implementation of the Purchasing Module is targeted in March 2001. 3 212 7. Materials Management Department Vendor Information Packets should be revised to include definitions and processes applicable to MlWBE compliance. lbis should include provisions for good faith efforts to meet MlWBE benchmarks and for waivers where good faith efforts are unsuccessful Response: Staff agrees with the first part of this recommendation. However, we propose to strengthen the City's EO policies and procedures. Implementation: Materials Management will modify both its Vendor's List Information and Bidder's Information Packet to include definitions and new processes as they pertain to MlWBE compliance once the program has been identified and new procedures are circulated to all departments. 8. The addition of staff to reach out to MlWBEs and evaluate compliance with affirmative action policies should be considered. Response: Staff agrees with this recommendation, however the expense of additional staff to implement and maintain pro-active efforts will be an additional cost factor. Implementation: The Housing and Community Development MBOC believes that an addition of staff to its current staff of two would have a significant and positive impact on the development of a race and gender neutral program. lbis additional staff can focus exclusively on outreach and linking MlWBEs to City Departments. It can also help to address the education of user departments, and insure that notices of bidding and contracting opportunities are widely circulated. Finally, this additional staff could help address the issue of user departments identifying and evaluating opportunities for M/WBEs to participate in sole source and emergency contracts. While the Human Relations Department believes this is viable, an additional staff is needed, and this recommendation could take up to one (I) year before it can be fully implemented, if at all. Currently, the Human Relations Department serves as an advocate while enforcing equal opportunity compliance citywide in housing, employment, and public accommodations. If the City chooses to add an additional ordinance prohibiting discrimination in contracting, professional services and purchasing, the department can also monitor and enforce compliance in these areas. An additional staff member would be needed to effectively carry out this additional responsibility. Cost Decision Packet: Compliance Officer, Grade 27, (Monthly Salary: $2,547) Annual Salary: $30,564; FICNMedicare (7.65%): $2,338; TMRS (10.74%): $3,283. 111is is viable, as long as sufficient staff is provided. 9. Review bonding and insurance requirements on all contracts with lower dollar amounts, to determine if they can reasonably be reduced or waived. 4 213 Response: Staff agrees with this recommendation. Implementation: The City presently reduces some insurance requirements and waives other requirements. The City has a two-tier insurance requirement. There are requirements for small contracts below $15,000. The City waives some insurance requirements, such as Workers' Compensation, for work performed away from City property. The Engineering Department will use the lower insurance requirements for contracts less than $15,000, and currently do not require bonding. In addition, the Department will allow Contractors the option to waive the Performance and Payment Bond requirements on all contracts of $25,000 to $100,000 with Lump Sum payment after project acceptance. 10. Consider removing the insurance and bonding costs when calculating the lowest bidder. This will help level the playing field between M/WBEs and small businesses, on the one hand, and larger firms that get break on price for these requirements, on the other. Response: Staff agrees with this recommendation. Implementation: Large firms get volume discounts on everything they purchase, including insurance. Removing the cost from the bid calculation may subterfuge the bidding process. We consulted with Legal and were prcvicid with the following response: According to TEX. LOCAL GOVT CODE Section 252.043(b) requires the contact be awarded to the lowest responsible bidder. The City Attorney's opinion does not believe the bonding costs could be excluded where insurance and bonding are part of specifications. He believes this can be accomplished to some degree by not requiring insurance and bonding excepts where required by State law. He further opinioned that this would require balancing the risk of having insurance and bonding against the benefits of encouraging more bidding. Also, bonding is only required on certain public works contracts. 11. Require prompt payment for all prime contractors and require prompt payment of subcontractors by prime contractors. A maximum number of days by which subcontractors must be paid after the prime contractors receive payment could be required by contract. Response: Staff agrees with the recommendation as it concerns the City. Currently, the standard payment tenns are thirty (30) days after the receipt of goods of services or unless negotiated otherwise. Also, the Engineering Department will continue to require monthly documentation from the General 5 214 Contractor that the material supplier sub-contractor, has been paid for materials delivered to the project site prior to City issuing monthly progress payments to the General Contractor. Implementation: It is suggested that all bid invitations should include a clause asking prime contractors to make prompt payment to all subcontractors. This will be accomplished by coordinating with the Legal Department for the correct language to be used and issuing a new purchasing procedure. 12. Promote programs to assist with business development fuctors such as technical assistance, networking, marketing, and estimating. Such services could be adopted on a race and gender neutral basis. 1bese could be provided through a public-private partnership with existing Corpus Christi agencies. Response: Staff agrees to this recommendation. Implementation: To implement this recommendation totally, it would take additional training for the MBOC staff to develop expertise in project estimating. The Continuing Education Department at Del Mar College has developed a course on Bid Estimating and Blueprint Reading that could provide this training to the MBOC Staff For quite sometime the MBOC has been working jointly with the Minority Business Development Center (MBDC) and the Small Business Development Center. The working relationship between these organizations has been informal, however, it recommended that a Memorandum of Understanding be developed to ensure that the positive relationship continues. Also, it could spell out the responsibilities for each agency, which will allow for very little overlapping of services. 13. Adopt an anti-discrimination ordinance (similar to that now applicable to employment, public accommodations, and housing), making it illegal to discriminate on the basis of race, ethnicity, or gender, in public and private contracting. Enforcement could be the responsibility of the Human Relation Department, perhaps in conjunction with the Legal Department. This would require training of staff. Response: Staff agrees with this recommendation so long as it does not violate federal or state statute. Implementation: It would require defming the scope of the ordinance, and the cost of providing resources for staff training. This recommendation requires additional work by the Consultants, which may require up to 90 days for completion. 21g Also, due to the nature of the ordinance, it may require one or more years to implement. 14. Adopt an Owner Controlled Insurance Policy program. for participation by city contractors in larger construction projects. This would relieve the discrimination and difficulties experienced by M/WBEs and other small firms in obtaining the insurance required for large constructions projects. Response: Staff agrees with this recommendation. The City has considered using this program in the past, however, Owner Controlled Insurance Policy (OCIP) programs are usually set up for projects in excess of 100 million dollars. The City reviewed the Lake Texana Pipeline as a potential project for OCIP. Since a large portion of the cost was for the pipe, this project was considered small. This approach can be used to break up a large project into smaller projects. Unfortunately, we have few of these projects. Implementation: When appropriate, the City will explore the use of Owner Controlled Insurance. 15. Adopt a Linked Deposit Program, whereby banks doing business with the City agree to participate in commercial loans for City Contractors and vendors, perhaps using the contract with the City as collateral. Response: Staff agrees that a program similar to this recommendation is currently in place under the City's Community Development Corporation in cooperation with the Department Housing ~,d Community Development. The program is authorized for contractors panici"ming in the City's Rehabilitation Program that is administered Housing and Community Deveiopmem. TI:~ Community Development Corporation does not establish a line of credit, it fInances each project separately. And the contractor cannot have more than a $25,000 balance outstanding through the Community Development Corporation an anyone time. Implementation: We need additional time to review this in more detail, to see if we need to implement something along this line in the Engineering Department. 16. Utilize the existing preference for local businesses to the greatest extent possible. While not a substitute for M/WBE measures, it will provide opportunities for available M/WBEs and create local economic development. Response: This recommendation is already in place. 17. Review data collection procedures by all departments to ensure that accurate reporting of future M/WBE and non-M/WBE participation is possible. Accounts payable data maintained by the Finance Department should contain the contract or purchase order identification number associated with each payment. Contract and 7 216 plD'Chase order identification numbers should be uniform across departments. Vendor's identification numbers should also be uniform across departments and should be 1inked to state and federal business identification numbers wherever possible. Payments to ''vendors'' that are really other public agencies, city employees, non-profit agencies, interdepartmental transfers, and the like should be readily distinguishable form payments to actual business enterprises. Each payment (or at least each contract or plD'Cbase order identification number) should contain a short but accurate description of the type of goods or services being plD'Chased. Existing 0 bject codes are insufficient for this purpose. All departments with projects that have subcontracting opportunities, such as Engineering Services and Community Development, should keep records of all subcontract activity (WWBE and non-MlWBE alike). These records should contain the name and address of each subcontractor, its M/WBE status, the associated contract or plD'Cbase order identification number, the original amount of the subcontract award, the final amount of payment to the subcontractor, and the type of work performed by the subcontractor. All data should be maintained in an electronic format to fucilitate reporting. Response: Staff agrees with this recommendation. Implementation: Materials Management and Finance agree that the New PeopleSoft system has the ability to identify vendors as M/WBE through user defined codes, and can produce an Automated Bidders' List. This will also assist Materials Management with tracking by MlWBEs. A coordinated effort between Materials Management, Engineering and Housing and Commllnity Development and all other contracting departments would be required to establish a uniform contract numbering system. Community Development is required by the U.S. Department of Housing and Community Development (HUD) to record subcontract activity over $25,0000 on HUD Form 2516, Contract and Subcontract Activity Report and "Summary of CPD Minority Business Enterprise Activity" form which is attached. This report is submitted annually at the end of the program year. B. Race and Gender Conscious Measures: 1. Consider adopting the Disparity Study's M/WBE availability estimates as the City's overaJl annual benchmark for MlWBE participation. The benchmark could be set by major procurement categories and/or by racial, ethnic, and gender subgroups as delineated in the Study findings. Firms that do business with the City should be strongly encouraged to make good faith efforts to meet participation benchmarks. MlWBE participation should be monitored to ensure that utilization by the City does not consistently fall below measured availability levels. 8 Response: Staff requires additional time to research and study this recommendation. A response to this recommendation should take an additional I.J\IL--' 90 days. (f 0 2. Continue to set M/WBE participation benchmarks for individual construction contracts and subcontracts, and encourage City contractors to make good faith effurts to meet these benchmarks. The benchmark on a specific contract could be based upon the availability of M/WBEs in the relevant categories. Detailed industry availability data that the City can use for this purpose have been produced as part of the Disparity Study. Individual benchmarks based upon the scopes of work should be considered on contracts and purchases by other departments as well Waiver provisions must be included for good fuith, but uhimately unsuccessful, effurts to meet the benchmarks. Response: Staff request additional time to study this recommendation before / submitting a response. We should be ready to make such recommendation within 90 days. 3. Consider a price preference for M/WBEs bidding on commodity purchases. This was an area of City contracting with large and statistically significant disparities. Response: This recommendation violates State law regarding purchases in / excess of $15,000. The State statutes are in place to ensure open and fair competition for the vast majority of dollars contracted by municipalities and to encourage decision-makers from using impartial criterions when awarding contracts. 4. Evaluate professional service proposals for M/WBE participation or good faith effurts. Formalize user departments' outreach to M/WBE professionals. Consider awarding points for M/WBE participation in evaluating professional services contracts, where price is not the sole consideration. Response: Staff agrees that formali7.ing procedures for specific services should be done. However, awarding points may violate the Professional Services Act which requires selection of the most qualified proposes for engineering, architectural, accounting, and other services covered by this Act. / 5. Call at least three M/WBEs on all purchases not subject to formal competitive bidding requirements. Response: Staff agrees with this recommendation. Implementation: Section 252.0215 of the TEXAS LOCAL GOVERNMENT CODE, provides that expenditures between $3,000 and $15,000, a city shall contact at least two historically underutilized businesses. 9 These recommendations are provided through the Disparity Study Committee and City Departments. /I./ /.~ ,L-, () -.Y'~ x. / ~....-+- Helen R. Gurley, Ph.D. U Director of Human Relations -~ Davi Garcia City Manager 10 217 23 CITY COUNCIL AGENDA MEMORANDUM DATE: January 20, 2000 SUBJECT: Naming a Sister Cities Park AGENDA ITEM: Motion authorizing the naming of the area between the old County Courthouse and the new Federal Courthouse, Sister Cities Parkway. ISSUE: The Park and Recreation Advisory Committee approved a request from the Corpus Christi Sister City Steering Committee to name the area between the old County Courthouse and the new Federal Courthouse, Sister Cities Parkway. The Park and Recreation Advisory Committee made the change in name request from "City" to "Cities" in honor of Corpus Christi's existing sister cities. The area is located at the 300 and 400 blocks of Interstate Highway 37. The Committee unanimously approved the request after the sixty-day waiting period had elapsed. The Sister City Committee proposes the naming of the area to commemorate Corpus Christi's six sister cities: Yokosuka, Japan; Keelung, Taiwan; Veracruz and Monterrey, Mexico; Toledo, Spain and Agen, France. The Committee plans to raise funds to create a memorial area honoring the six affiliations. Currently, there are neighborhood streets in Corpus Christi named after the six sister cities. They are included on tours of visiting officials from other countries. It will be an added honor to these countries to designate one of the City's major parkways to commemorate the sister city relationships. PRIOR COUNCIL ACTION: None REQUIRED COUNCIL ACTION: Naming a park requires City Council approval. FUTURE COUNCIL ACTION: Any future development of the parkway by the Sister City Committee would be brought to the City Council for consideration. RECOMMENDATION: It is recommended that the naming of the Sister Cities Parkway be approved. :f:::!~~l:o~ ~ PARK & RECREATION DEPARTMENT Attachments: A. Park naming application. B. Park naming guidelines. C. Map of proposed site. RIPR-DlRISHAREDlCUL TURAL \AGENDA ISCP ARK. DOC 219 REQlJEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) Park (Tvoe A) 2. Location Parkwav between old county courthouse and new federal courthouse 3. Suggested Name Sister Citv Park (or) Sister Citv Parkwav 4. Please describe why you feel this name to be appropriate: The Sister City Committee feels this would be the ideal location for a Dark honoring our sister cities. It would have the best visibility. What better wav to inform both our visitors and residents about our involvement with cities around the world. The Sister Citv Committee would work to get a memorial olaced in the oark. Thus serving a twofold oumose: Giving Sister Citv exoosure about its existence and giving the committee a goal for fundraising. The Sister City Steering Committee is verv Droud oflhe City's involvement with our six sister cities and we feel it is time to have a Dark bearing the sister city name. Please share in our oride bv granting our request 5. Name and address of person making request: Name Lucv Reta. Chairman - Sister Citv Steering Committee Address 1810 Tarlton. Comus Christi. Texas 78415 Phone (361) 888-4648 oreW) 881-1888 6. Do you represent an organization with respect to this request? Yes If "yes", which organization Sister Citv Steering Committee 7. Date oftms request Seotember 7. 1999 Request: Approved FOR OFFICE USE ONLY: Rejected Tabled Date of Conunittee Action Date of Council Action Legal Notice Notice to Appropriate Councilmember Public Notice - Neighborhood KIPR.DIRISHAREDlCUL TURAL IP ARKNAME.FRM 220 12/6/95 CITY OF CORPUS CHRISTI PARK AND RECREATION DEPARTMENT PARK AND RECREATION DEPARTMENT POUCY/PROCEDURE NUMBER Rec-95-12 SUBJECT: Criteria for Naming Park and Recreation Facilities APPliCABLE TO: All Park and Recreation Facilities anmini~tered by the City EFFECTIVE DATE: I. PURPOSE To establish the format and criteria for naming facilities which are under the jurisdiction of the Park and Recreation Department and are consistent with City Resolutions 18545 and 19938. II. SCOPE This policy applies to facilities situated on City owned or administered property. It is understood that due to the diversity of City operations, varying factors may apply to specific facilities. Based on this, the following CLASSIFICATIONS section provides a breakdown by CLASS of the variables to be considered in naming facilities. ill. CLASSIFICATION CLASS A: Facilities built and operated by the City. CLASS B: Facilities built and operated by independent organizations. Naming of facilities in this category will be submitted by the current year Organization President with approval by the Board of Directors of the respective organization. CLASS C: Facilities built and operated by independent organizations on City owned or 3nmini~tered properties. The naming is the sole responsibility of the organization. IV. NAMING PROCEDURE Where the naming of a Class A or B park or park facility is proposed, the following steps shall be taken; as per City Resolution and departmental policy requirements: 05nameprks 221 Narnin(: Park and Recreation Facilities pa2e 2 1. Persons, groups, or organizations proposing naming of Park and Recreation facilities shall fill out a Naming Facilities Form and Submit the request to the staff of the Park and Recreation Department for review and consultation with the requesting entity. 2. Naming request shall be submitted to the Park and Recreation Committee. No action may be taken by the Committee for a minimum of 60 days after receipt of the proposal. 3. During the 60-day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed naming. Public notice will be forwarded within 30 days after the Committee's receipt of the reauest to all property owners within 600' of the park or facility. Notice of the request shall also be provided to the appropriate City Councilmember. Written comments or historical data are to be submitted to the Park and Recreation Committee and interested individuals are invited to come before the Committee to address the issue. 4. At the first meeting after the 60-day waiting period, the Park and Recreation Committee will take one of the following actions: a. Approve the request; b. Reject the request; or c. Table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity may appeal the rejection to the City Council. 5. The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided in commemorating or memorializing an individual or act. Costs associated with naming ceremonies and the provision of marker, plaques, or memorials shall be borne by the entity proposing the name. Malcolm Matthews, Director Park and Recreation Department 05nameprks 222 --, ..--. , . '--~. - ~_.....-- --~. '"1i:!U; --~...-., ---- c> .~~~;~.~-~~ J.t P^,;~KING ^'~V-..~ . , , . " ---. I} ii, I I ! i I -_._-.--_.~~---------- ~---:;;.. -------' ~ ,/-' ___.__0:- \ \ \ _." /" \ \, \\(/ / . /' "./ -\ ~-------: , \ \ .r'L~ ~b"::0 , j . ~ I, <'r l: -t'" ..- -, I _ ~'2"'_'- f / . I ;' / f : ; ; _L- "'-::'.' >..-.--.........,. ~..r ~._-~._.._,>~ \;/ESrJUm: ~: . . , "'~ , , I , LANDSCAPE ENTRANCE _. "'::LCC!":~i:j S":;,~,:;.,~E. ,-::<"I~ '::-,:.~I1>rt, ~;.~~;;';. ~;",:;~'~;'';i; oE'.-;'....::;'O.I.::.:--.'. :.~~.~ ';_')1..'';; \. I , i , PU6UC PMKlNG w.os-..>>>c:'l/a>wIs "eRo.ab~~~'_c 'i'_~~~ " ~~l-::~~~~'T;~ I...... ,.,'.. '.. ... .'1 V. _~~j;'~~ ~ . ....-. .._~ - t: ' '-"'?r2.J .;<-"''::~''''- . ~ ~ ~ '~'~f :_.. _~~:;: ~ ,i'.! ',"'iPl'f" "L.J "4~~'-' ~.~/i-,:~r,-~ CH~PARR~L S~?E:r 'liATfR SW€G 'J',iJ,,1 e';~:JNT -i\-: ~r ".1 11~1 Ul. 2\ ~, '-1 1~1 Ii q&f~jil~~t-~ BUDGET IN~'L - >:". 223 Notes and Comments .225. - City of Corpus ChrIsti 226