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HomeMy WebLinkAboutAgenda Packet City Council - 02/08/2000STAFF BOOK (UNBOUND) DO NOT REMOVE CITY COUNCIL AGENDA ity of orpus Christi February 8, 2000 1:45 p.m. Proclamation declaring the month of February as "American History Month" Proclamation declaring February ? - 1t, 2000 as "Nation School Counseling Week" Certificate of Commendation to Mary Juarez, Assistant City Secretary - Graduation of the Texas Municipal Clerks Certification Program. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 8, 2000 2:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak into the microphone located at the podium and state your name and address. Your prasentation 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 ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact ~.he City Secretao/s office (at 361 880-3105) 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 Minister Luis Torres, Jr., Iglesia de Cristo. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Betty Jean Longoria Rex A. Kinnison City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of January 25, 2000 (Attachment # 1) Agenda Regular Council Meeting February 8, 2000 ~age 2 Fo BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Airport Board C.C. Bay Area Minority Business Opportunity Steering Committee Intergovernmental Commission on Drug & Alcohol Abuse Senior Companion Program Advisory Committee Senior Community Services Advisory Committee PRESENTATIONS: (NONE) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IFYOUPLANTOADDRESSTHECOUNClLDURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl¢s es limitado, habr~ un int¢rprete ingl¢s-espa~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Cebruary 8, 2000 'age 3 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Counci/ has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, Texas for approximately 10,500 tons of cold mix-cold laid asphalt, Type B, Item 330 in accordance with Bid Invitation No. BI-0049-00 based on sole source for an estimated annual expenditure of $299,250. 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. The Street and Utility Departments will be using this material for the patching and repairing of city streets. Funds have been budgeted by th0e Street and Utility Departments for FY99-00. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. for a total fee not to exceed $20,880 for the Parkdale Library Chiller Replacement project. (Attachment # 4) Motion authorizing payment of the Special Commissioners' condemnation award of $207,600 for acquisition of Parcel No. 34 located at the Ennis Joslin/South Alameda intersection in connection with the Spur 3, Phase 2 Improvements project. (Attachment # 5) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Ordinance appropriating $9,817.75 from the Estate of L. Lloyd Sessions in the No. 6010 Trust Fund - Museum Donations; Agenda Regular Council Meeting Cebruary 8, 2000 age 4 authorizing the transfer of $9,817.75 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. (Attachment # 6) 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 # 7) Second 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 "B-3" Business Districts and "B-4" General Business Districts; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. (First Reading - 1-25~00) (Attachment # 8) PUBLIC HEARINGS: ZONING CASES:. Case No. 0100-01, Roy Smith and W.M. Bevly: A change of zoning from an "AB" Professional Office District to a "B-4" General Business District on Kings Square Addition, being the north 2.36 acres out of Lot 7A, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way. (Attachment # 9) Planninq Commission's and Staff's Recommendation: Approval of the "B-4" District ORDINANCE Amending the Zoning Ordinance upon application by Roy Smith and W.M Bevly, by changing the zoning map in reference to 2.36 acres out of Lot 7A, Kings Square Addition, from "AB" Professional Office District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 8,2000 ~age 5 10. Case No. 0100-02, The Joslin Partnership: A change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.495 acres out of Lots 6 and 7, located on the northwest corner of South Padre Island Drive and Ennis Joslin Road. (Attachment # 10) Planning Commission's and Staff's Recommendation: Approval of the "B-4" District. ORDINANCE Amending the Zoning Ordinance upon application by The Joslin Partnership, by changing the zoning map in reference to 1.495 acres out of Lots 6 and 7, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R-lB" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 11. Case No. 0100-03, Town Market: A change of zoning from an "R-2" Multiple Dwelling District to a "B-I" Neighborhood Business District on L.A. Barrett, Block 1, being the west 0.30 acre out of Lot 1, located on the northeast corner of Colonial Court and Old Robstown Road. (Attachment # 11) Planning Commission's and StafFs Recommendation: Approval of the "B-I" District. ORDINANCE Amending the Zoning Ordinance upon application by Town Market, by changing the zoning map in reference to the west 0.30 acre out of Lot 1, Block 1, LA. Barnett, from "R-2" Multiple Dwelling District to "B- 1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda surnmap/) Agenda Regular Council Meeting ~-ebruary 8, 2000 age 6 12. 13.a. 13.b. 13.c. 13.d. 14.a. Motion authorizing the City Manager or 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 hotel/motel tax receipts. The term of the agreement is January 1, 2000 through July 31, 2005. (Attachment # 12) Resolution of Statement Expressing Official Intent to reimburse costs of certain Convention Center Expansion and Rehabilitation Project. (Attachment # 13) Ordinance appropriating $650,000 from the estimated Hotel Tax Revenue in the No. 1030 Hotel Occupancy Tax Fund for needs assessment and project management services for the Convention Center Expansion and Renovation Project; amending the FY99-00 budget, adopted by Ordinance No. 023702, by increasing estimated Hotel Occupancy Tax Revenue from the additional 2% authorized for the Convention Center Expansion by $1,419,793 and by increasing appropriations by $650,000 in the No. 1030 Hotel Occupancy Tax Fund. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a contract with PKF Consulting, Inc. in the amount of $175,000 for needs assessment services for the Convention Center Expansion and Rehabilitation project. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a contract with Gilbane Building Company in the amount of $486,000 for project management services for the Convention Center Expansion and Rehabilitation project. (Attachment # 13) Second 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. 10, Bll, C.5, D.12 & D.13 relating to recommended land uses. traffic calming devices, park improvements, and increased code enforcement; and by amending the future land use map. (First Reading - 1-25-00) (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 8, 2000 ~age 7 14.b. 14.c. 16. Motion to amend ordinance prior to second reading by revising Section 12A-2 Use Regulations by removing restrictions on restaurant alcohol sales. (Attachment # 14) Second Reading Ordinance - Amending the Zoning Ordinance by adding Article 12A, "B-lA" Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the "B-lA" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B-lA" 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-lA to the zones listed in Paragraph B of Section 27B- 7.01. (First Reading - 1-25-00) (Attachment # 14) Motion authorizing the City Manager or his designee to execute a construction contract with Hunt Contractors, Inc. for a total fee not to exceed $492,530 for the Glen Arbor and Crossgate Subdivsion Drainage Improvements. (Attachment # 15) Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Nueces River Authority to provide regional water planning, protection, and development services for an initial period of February 8 - July 31, 2000, with the option to extend for up to five additional city fiscal years, subject to annual appropriation. (Attachment # 16) (RECESS COUNCIL MEETING) CORPORATION MEETINGS: (Attachment # 17) JOINT MEETING OF CORPUS CHRISTI HOUSING FINANCE CORPORATION AND CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION (Attachment#): AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION JOINT MEETING WITH CORPUS CHRIS TI COMMUNITY IMPROVEMENT CORPORA TION CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Date: Tuesday, February 8, 2000 Agenda Regular Council Meeting Cebrua~ 8,2000 'age 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Time: Dudng the meeting of the City Council beginning at 2 p.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Chdsti, Texas 78401 President John Longoria and Betty Jean Longoda call the meetings to order. 2 Secretary Armando Chapa calls roll. CCHFC CCCIC Board of Directors Board of Directors Officers John Longofia, Pres. Mark Scott, Vice Pres. Javier Colmenero Melody Cooper Hen/3/Garrett Dr. Arnold Gonzales Rex A. Kinnisson Betty Jean Longoda Samuel L. Neal, Jr. Betty Jean Longofia, pres. V~ Thomas Utter, Gen. Mgr. Rex A. Kinnison, Vice Pres. Armando Chapa, Secretary Javier Colmenere Mary Juarez, Asst. Secretary Melody Cooper Mary Sullivan, Treasurer Henry Garrett Mike Hatly, Asst. Treasurer DE Arnold Gonzales John Longo,'fa Samuel L. Neal Mark Scott Approve Minutes CCHFC - July 27, 1999 CCCIC - November 16, 1999 4. Financ~lReport. Report on 4000 by 2000 Activities of the CCHFC and the CCCIC. 6. Introduction of the new $19.3 million Mortgage Credit Certificate (MCC) Program. Appointment of Loan Review Committee Members for the CCCIC. 8. Public Comment. 9. Adjournment. Agenda Regular Council Meeting -~ebruary 8, 2000 'age 9 Ne (RECONVENE COUNCIL MEETING) EXECUTIVE SESSION: PUBLIC NOT/CE is given that the City Council may elect to go into executive session at any time during the meeting in orderto 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 City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071, regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: VVilliam Bussey No. C-99-171, John Betz No. C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C~99-144, Charles Bar/els No. C-99-158, VVilliam Livingston No. C-99-159, Duane Pacheco No. C-99-168, Gilbert Garcia No. C-99- 170 with possible action thereon in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of 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 summa~/) Agenda Regular Council Meeting Cebruary 8, 2000 ~ge 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. CITY MANAGER'S REPORT * Upcoming Items 19. MAYOR'S UPDATE 20. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., February 4 ,2000. ~,r~ndo Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-chrisfi.tx.us after 5:00 p.m. on the Friday before regularly scheduled council meetings. Symbols used to highlight action implement council priority issues. City Council Priority Issues Improvement in Delivery of Basic Services - Trash, Brush & Debris Improvement in Delivery of Basic Services - Street & Road Maintenance Improvement in Delivery of Basic Services - Park Maintenance Improvement in Delivery of Basic Services - Animal Control 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 Community Oriented Policing Economic Development Plan Storm Water Utility/Drainage Completion of Airport Improvements Assessment of Street Needs (Planned Street Program) Northside Plan Additional Golf Course Youth Crime ~[nitiatives Environmental Compliance CDBG Funding Assessment ~ Privatizing Services ~ Improvement of Citizen Response System Creation of a "Development Center" Residential Communities Involved in Park Development Bayfront Development Plan 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 25, 2000 12:06 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria* City Staff: City Manager David R. Gareia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Albert Schubert, Lord of Life Lutheran Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 18, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal announced five items for the executive session, pursuant to Texas Government Code Section 551.071, regarding the following: F. 1. 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; F.2. 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; F.3. 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; F.4. June Shnitz 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; F.5. Five Citizens of Corpus Christi, Petitioners vs. City of Corpus Christi, City Manager, Minutes Regular Council Meeting January 25, 2000 Page 2 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. The Council went into executive session. *Council Member John Longoria arrived at 12:55 p.m. The Council returned from executive session. Following the reading of two proclamations, Mayor Neal made the following motion, which was seconded by Council Member Colmenero: F.2. M2000-019 Motion to reject the settlement proposal received January 24, 2000, from Pacific Gas and Eleclric in City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107t~ District Court, Cameron County, Texas. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal called for petitions fi.om the audience. Ms. Jenny DelaRosa, 421 Angelo, said she is the second vice president of the LULAC Youth Council 2000. She invited the City Council to attend a "Youth Against Violence" march on February 15, 2000 at 6 p.m. beginning at the Bayfront Pla?a Convention Center to the Peoples Street T-Head. Mr. Abel Alonzo, 1701 Thames, commended the City Manager for his desire to work with the Port Authority and other entities to improve the natural resources along the waterfront. He said if Corpus Christi does not continue to grow, its tax base will be diminished and it will become more difficult to provide necessary services. He encouraged the Council to make diverse appointments to the boards of the Chamber of Commerce, Convention and Visitors Bureau, and Economic Development Corporation. Mr. Jack Gordy, 310 Norton St., said the budget shortfalls must have been known prior to the adoption of the recent annexation program. He said the Council should think before it votes on issues. Council Member Scott asked if Mr. Gordy had any evidence to support his statement, adding that he was not aware of the budget shortfalls until a few days ago. Mr. Gordy replied that there has been a problem since November when the Council did not receive the financial reports that were due. Mr. Jose Marroquin, 2433 Allencrest, discussed specific figures in the fuel charge and conservation fee charged by Central Power and Light Company. He said CPL should not charge a rate increase. Minutes Regular Council Meeting January 25, 2000 Page 3 Mayor Neal referred to the presentation on the day's agenda, an overview of the FY99-O0 budget and a five-year forecast. City Manager Garcia said this presentation was the kick-offof this year's budget process. He noted that last year staff completely restructured the budget process, including combining the capital budget presentation with the presentations for the General Fund and enterprise funds. He said part of staff's objective was to create a historical picture of where the city has been financially and where they can anticipate going over the next five years. Mr. Garcia added that they began discussing the budget with the city's department heads during a retreat last weekend and with the police and firefighters unions on Sunday. Deputy City Manager Noe gave a computer presentation on several aspects of the budget. The first elements discussed were the major revenues: property tax, sales tax, franchise fees, and solid waste fees. He said those combined revenues represent about 79% of the General Fund's revenues, which rose from $102.98 million in FY94-95 to $120.9 million in FY98-99. He explained that numbers for FY98-99 represent staffs latest estimates because they have not been finalized or audited. He said they expect to have audited numbers in the next few weeks and they do not expect them to change sigrdficantly. Mr. Noe said that ad valorem tax revenues, which make up about 25.5% of the General Fund revenues, have grown from $26 million in FY94-95 to $30.9 million in FY98-99; in addition, net taxable assessed values have increased from $6.2 billion to $7.2 billion during that time. He also further discussed tax rates for all the taxing entities. The second major revenue source is sales tax revenues, which represents about 24.44% of General Fund revenues. Those revenues experienced modest growth over five years, from $25.4 million in FY94-95 to $29.6 million in FY98-99. Mr. Noe said franchise fees represent about 11.8% of General Fund revenues and they mainly consist of fees paid by CPL, Southwestern Bell, and AT&T Cable (formerly TCI Cablevision). Mr. Noe said that solid waste revenues, which consists of residential rates and fees paid by commercial haulers, represents 16.9% of General Fund revenues. The Deputy City Manager then discussed expenditures, which have grown over the last five years from $105.01 million to $125 million. He noted that fiscal year 1998-99 includes debt service and lease payment expenditures which were not previously recorded in the General Fund. The break down of expenditures is as follows: public safety-51%; solid waste- 12%; general government- 10%; park and recreation and street services-8% each; development services, non-departmental, and health services-3% each; and library-2%. He explained that public safety expenditures have increased from $50.5 million in FY94-95 to $63 million in FY98-99. Mr. Noe also described generally gradual increases that occurred in the major expenditure areas. Mr. Noe then discussed the fund balances, which have varied as follows: $2.5 million in FY94-95; $1.4 million in FY95-96; $2.9 million in FY96-97; $6.5 million in FY97-98; and $3.4 million in FY98-99. Mr. Garcia said the $6.5 million amount was accompanied by a substantial reduction in the debt service fund reserve. Mr. Noe said that during those corresponding years, the 3 Minutes Regular Council Meeting January 25, 2000 Page 4 fund balance as a percentage of expenditures was as follows: 2.39% in FY94-95; 1.28%; 2.60%; 5.76%; and 2.77% in FY98-99. He explained that the rating agencies are less concerned with the absolute dollar mount of the city's fund balance as they are with how that amount converts to a percentage of the city's total expenditures. He also reviewed a comparison of revenues to expenditures. With regard to FY98-99 budget results, Mr. Noe said that staff estimated that the revenues would be $121.29 million, while the actual revenues at this point are estimated to be $120.9 million. The expenditures were budgeted to be $123.9 million while the actual expenditures are estimated to be $125 million. As a result, the estimated fund balance was $4.91 million, while the actual balance is $3.46 million. Mr. Garcia said staff continues to revise their revenue estimates and they are assessing their budgeted expenditures. He noted that there were several unanticipated expenditures during the year, the major one being the need to contract out brush pick up services. The City Manager said that even though the amount of the ending balance has been reduced, the city still has a positive balance. He added that the budget adjustment staff is recommending now is substantially less than the budget adjustment made last year at this time. Mr. Noe then discussed the impact on the current year budget. He said staff has taken the following actions: updated the beginning balance; reduced the projected sales tax and ad valorem tax revenues; and increased administrative cost recovery fee revenues to reflect the final cost recovery plan. He said items that are not included in the budget update are expenditures related to Hurricane Brett, brush collection efforts, and unexpected landfill requirements. He said cost reduction and containment efforts have been implemented by Solid Waste Services to offset increased budget requirements. As a result of the changes discussed, the updated financial statement for FY99-00 is as follows: the beginning balance was changed from $4.91 million in the adopted budget to $3.46 million in the updated budget; revenues were increased from $125.78 million to $126.2 million; expenditures were decreased from $124.49 million to $124.09 million; and the closing balance was reduced from $6.2 million to $5.57 million, or a variance of $627,377. In preparing the five-year budget forecast, Mr. Noe said staff made the following revenue assumptions: property tax, 2.55% growth; industrial district, 2% growth; sales tax, 3% growth; CPL, 2% growth; solid waste, 1% for collections and 2% at the landfill; building permits, 1% growth; Municipal Court, 2% growth; full allocation of indirect costs; and no fee increases or tax rate increases. Mr. Noe said that the impact of the annexation program the Council adopted in December 1999 has been built into all of the scenarios (both revenues and expenditures). Mr. Noe then reviewed the expenditure assumptions made by staff for the five-year budget forecast: maintain the current level of budgeted civilian and sworn personnel; maintain the police and fire training academies; maintain conunitments regarding debt service, including those associated with bonds issued for the completion of the 1986 bond program; fund debt service on bonds for the new landfill; reserve monies for repayment of the State Infrastructure Bank loan; fund Minutes Regular Council Meeting January 25, 2000 Page 5 current approved lease payments; replace 35 marked police units and one pumper truck on a cash basis; and fund required 911 expenditures. The assumptions also include budgeting for annual increases in several areas: 5%-health insurance; 4%-liability and compensation insurance; 4%-fuel costs; 2%- electrical costs; 5%-street materials; and 1% to 3%-supplies and other items. The Deputy City Manager discussed three different scenarios and their resulting impact on the budget. Scenario "A" calls for a continuation of current policies, with ad valorem revenues based on maintaining 63% coverage in the G.O. Debt Service Fund and a 3% annual salary increase for civilian and sworn personnel. Mr. Noe and Mr. Garcia then responded to Council members' questions. Mr. Garcia pointed out that the scenarios prepared by staffwere mathematical examples of the effect of different variables, which are negatively compounded year after year; however, staff would not present to the Council a budget that is not balanced. He said the message provided by the scenarios is that they need to be very diligent and conservative in approaching this year's budget. Mr. Noe said that Scenario "B" illustrates a change in the debt policy in that the ad valorem revenues are based on maintaining 50% coverage in the G.O. Debt Service Fund; it also includes a 3% annual salary increase for civilian and sworn personnel. Scenario "C" also contains the assumption of 50% coverage for debt service, but it contemplates maintaining current annual salary levels for civilian and sworn personnel over the five-year period with no increases. Mr. Noe said the budget forecast can be summarized as follows: the financial outlook presents a very difficult situation for all city operations; the current economic activity supports steady revenue flows with little or no new growth; and since city departments are already operating with restricted budgets, the outlook will require difficult operating and service decisions for the immediate budget as well as for the long-term budget. Mr. Noe outlined actions that need to be taken to address the budget issues. Immediate actions include communicating the situation and completing the financial information, including the General Fund close-oat, Comprehensive Annual Financial Report (CAFR), and current-year revenue and expenditure daat. Actions for the current year include implementing a select hiring freeze for non-uniform positions; instituting procedures for examining major expenditures before they are made; and ensuring that all supervisors and managers understand that they should all be accountable for the financial performance of the city. Responding to Mr. Colmenero, Mr. Noe said their first priority would be to make up the estimated $650,000 shortfall in the current year. Mr. Garcia pointed out that if they froze all of the 125 current vacancies, that would produce over $2 million in savings. However, since that is not advisable, they can implement a selective hiring freeze. He emphasized that it is well within their ability to manage the deficit. Mr. Noe said the overall budget strategy for FY2000-01 includes balancing current year revenues and expenditures; recognizing long-term impacts, including that much of this can only be accomplished through a multi-year plan; building the city's financial strength; prioritizing basic Minutes Regular Council Meeting January 25, 2000 Page 6 services; and realizing that this effort will take team work. Mr. Noe said the budget schedule this year includes reviewing the reduction-in-force policy from January through March; providing a presentation in April of the city's financial policies; and presenting the City Manager's recommended budget in m/d-May. Mr. Garcia added that he believes they can begin a budget process that takes the city into the next cycle on very solid financial footing. Mr. Scott said he thinks Corpus Christi needs to continue to focus on bringing more companies and more jobs here. Mr. Noe then responded to Mr. Scott's questions regarding the differences in the budget scenarios. In reply to Mr. Garrett, Mr. Garcia said that if the Crime Control and Prevention District is not renewed by the voters, all of the burden of the additional 50 police officers would be passed on to the General Fund. He said there is also a series of policy issues relating to the expenses relating to the Crime Control District. Mr. Kinnison expressed concern that in January 2000 the Council still does not have the budget figures for the fiscal year ending July 31, 1999, which he said leads to questions regarding numbers in the current year budget. He also said that when the City Manager made a series of budget corrections last year, what he told the Council at that time ended up not being correct. Mr. Kinnison also questioned how staff can be held accountable for the city's budgetary situation when they do not have the capability of accessing current numbers. He said the Council should receive quarterly financial information. Mr. Noe discussed problems that occurred with the PeopleSoft financial system and he said it is staff's goal to have the necessary financial data in place by mid-March. Responding to Dr. Gonzales, Mr. Noe said the city's books should be closed in the next week or so, and audited numbers should be available in mid- to late-February. Dr. Gonzales questioned how the Council can plan for the future when they do not really know how the city fared the past year. He said he hopes staff can do a better job next year on the budget preparation process. Mr. Colmenero asked about the problems associated with the financial data entry. Ms. Mary Sullivan, Director of Finance, said the PeopleSoft system was implemented in March 1999 and since then staffhas learned much about running the system, including that there are certain processes that have to be mn in a certain order. As a result, there have been many transactions that have not posted properly to the ledger and staffis having to go back and correct the errors. She said her staff has been working many long hours on this project. Mr. Colmenero said the Council should be informed about the impact on services that will result from a selective hiring freeze and a possible reduction in force. Mr. Noe said the whole idea is to achieve savings while minim/zing the impact on services. However, he added, in an organization like the city--where 75% to 80% of the cost is attributable to "people costs"--significant savings cannot be achieved without addressing those costs. Mr. Garcia added that 51% of the General Fund's expenses are in public safety (police, fire, and EMS), which are covered by collective bargaining agreements. Minutes Regular Council Meeting January 25, 2000 Page 7 Responding to Mr. Scott, Mr. Garcia described specific expenditures that were miscalculated in the Police Department. Mr. Noe added that staffrecogulzes that the city has limited resources that have to be built into the budget and they are making an effort to be more conservative with regard to both revenues and expenditures. Mr. Garcia added that the city's financial statements continue to be in balance and that without making any adjustments, the city will have a closing balance of $5.57 million. In addition, in their presentation staff has outlined a plan that will ensure that they at least make the closing balance that staffpromised in the adopted budget--S6.2 million--and it will likely go over that amount. In reply to Mr. Kinnison, Mr. Joe Montez, Budget Director, said that for the last five years, the Budget Office has been preparing internal five-year forecasts, which indicated that eventually the city would get to this point. Mr. Kinnison said they let themselves get into tkis situation where people are finding out this information today and they should not have. He said it is time to move forward whereby the Council is continuing to examine the budget and realize the long-term impact that their decisions have. Dr. Gon?ales asked if the Council would begin receiving quarterly reports. Mayor Neal said that is what the Council asked for before they purchased the financial software package. He added that people in business and industry can attest to the difficulty in implementing a new software package. He then called for a brief recess. Mayor Neal called for consideration of the consent agenda (Items 2-12). City Secretary Chapa said Item 13 was postponed. Council members requested that Items 6, 8, and 12 be withheld for discussion. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2000-020 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting January 25, 2000 Page 8 3. M2000-021 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 4.a. ORDINANCE NO. 023923 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M2000-022 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M2000-023 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, 8 Minutes Regular Council Meeting January 25, 2000 Page 9 Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7. M2000-025 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinrfison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 9. M2000-027 10.a. 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. M2000-028 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 10.b. ORDINANCE NO. 023924 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting January 25, 2000 Page 10 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 11.b. ORDINANCE NO. 023925 Ordinance appropriating a grant from the Texas Department of Health in the amount of $82,840 in the No. 1050 Federal/State Grants Fund to fund immunization services. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 13, WITHDRAWN Mayor Neal opened discussion on Item 6, storm surge protection gates. Responding to Council Member Colmenero, Mr. Angel Escobar, Director of Engineering Services, explained that the existing gates will be replaced with a new light-weight gate system which will shorten the time needed to erect the gates. City Secretary Chapa polled the Council for their votes as follows: 6. M2000-024 Motion authorizing the City Manager or his designee to execute a construction conlract with J. M. Davidson, Inc. for a total fee not to exceed $320,254 for the Storm Surge Protection Gate Rehabilitation/Replacement Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10 Minutes Regular Council Meeting January 25, 2000 Page 11 Mayor Neal opened discussion on Item 8, land acquisition by condemnation. The Mayor then made a motion to amend Item 8 to change the condemnation award amount from $70,000 to $75,000. The motion to amend was seconded and it passed. City Secretary Chapa polled the Council for their votes as follows: 8. M2000-026 Motion authorizing the payment of the Special Commissioners' condemnation award of $75,000 for acquisition of Parcel No. 32 located on Ems Joslin Road between Carson Street and the Alameda/Ems Joslin intersection in connection with the Spur 3, Phase 2 improvements project. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, aerial enclosed pedestrian bridge. Responding to Council Member Gonzales, City Attomey Bray said the city is charging St. James Episcopal School for leasing the space over the street because it is a property right that has value. He added that this action has been taken with other entities, such as banks which have constructed aerial bridges or skywalks. City Manager Garcia added that the leasing of the space is a fairly common practice. He noted that the city cannot make a gift of property to an entity without receiving some compensation. Dr. Gonzales said he could understand charging a bank for that use but this case involves a safety factor. Mr. Bray replied that the market value in each case is charged because they are all private interests--whether they are for-profit or non-profit. Council Member Kinnison asked if the traffic light in that area will be moved. Mr. Escobar said staff will evaluate the need for the traffic signal once the skywalk is in use. In addition, the time that the school zone is in operation will be reviewed. Mr. Kinnison also asked why Item 12.a. is an emergency item. Mr. Bray replied that the Charter has several definitions of what constitutes an emergency and one of those is the efficient administration of city affairs, and it is within the Council's prerogative to do this. Responding to Council Member Betty Jean Longoria, Mr. Escobar said the skywalk will be 14'6". City Secretary Chapa polled the Council for their votes as follows: 12.a. ORDINANCE NO. 023926 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 Minutes Regular Council Meeting January 25, 2000 Page 12 the annex building on the west side of Carancahua Street in consideration of the payment of $235 in rent. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales voting "No." 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 consu'uct 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. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales voting "No." Mayor Neal referred to Item 14 regarding farmers markets, and a motion was made, seconded and passed to open the public hearing. There were no comments from the audience. Council Member Cooper made a motion to close the public heating, seconded by Council Member Scott, and passed. Mr. Michael Gunning, Director of Planning and Development, explained that there is a variation between slaws recommendation and the Planning Commission's recommendation. He said staffis recommending the farmers market use as an accessory use to a shopping center and that the use comply with the set-back and parking requirements. The commission is recommending that the farmers market use have no additional parking requirements. He said staff is concerned that the shopping centers will not be able to accommodate their patrons, who will be forced to park on the street rights-of-way and in neighborhoods. Responding to Mayor Neal, Mr. Gunning said that under staff's proposal, if someone requested a penrdt for a farmers market use, they would have to demonstrate that the shopping center does have excess parking spaces that can be dedicated to the farmers market use. If the center just meets but does not exceed the parking requirements, the farmers market use would not be allowed in that shopping center unless the applicant went to the Zoning Board of Adjustment to get a variance or reduction in the parking requirement. Mr. Tom Utter, Assistant City Manager for Development Services, explained that while the shopping center which houses an existing farmers market has sufficient parking, staff is concerned 12 Minutes Regular Council Meeting January 25, 2000 Page 13 that in the future other shopping centers may decide to include farmers markets but they will not have adequate parking to accommodate them. In response to a question from the Mayor, City Secretary Chapa said the Council could make a motion to concur with either the Planning Commission's recommendation or staff's recommendation. He noted that the agenda caption has the same wording for both recommendations. Mr. Gunning said that in the ordinance proposed by the Planning Commission, the word "parking" is struck from that document but it is included in staff's proposed ordinance. Council Member Betty Jean Longoria made a motion to concur with staff's recommendation, seconded by Council Member Colmenero. Mr. Utter reiterated that the existing farmers market has adequate parking and meets all of the requirements. Mr. Chapa polled the Council for their votes: 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 Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neai referred to Item 15, a proposed amendment to the Southside Area Development Plan. A motion was made, seconded and passed to open the public hearing. Mr. Gunning said the first proposed ordinance adopts six policies and a future land use map for the Gardendale area that would promote the redevelopment of some of the peripheral streets and protect the residential character of that neighborhood. He explained actions that have taken place in that area in the last 10 years, including the improvement of Williams Drive and the subsequent increase in traffic there. Consequently, the Gardendale Committee was formed, consisting of residents and property owners who met with staff 12 times over two years. Mr. Gunning said the residents indicated that they wanted to have zoning that incorporates more than just professional office uses, so staff proposed the creation of a new zorfing district, "B- lA" Neighborhood Business District, which falls between a "B-1" District and a "B-3" District. He said the Gardendale Committee recommended targeting additional funds for improvements to Gardendale Park and an increase in code enforcement efforts. The Planning Director then further described specific elements of the new "B- 1A" District, including height modifications, landscape and driveway requirements, and operating hours. 13 Minutes Regular Council Meeting January 25, 2000 Page 14 Mr. Gunning added that they will ask the Council to direct staffto initiate the rezonings along Williams Drive and Holly Road between Everhart and Staples to the "B-lA" District. He said if there are property owners who are opposed to the rezoning at this time, they will be excluded. Mayor Neal commended staff and the Gardendale Committee for proposing what he hopes will become a model for zoning uses in other areas of the city. Mr. Gunning thanked staff members Bob Payne and Miguel Saldafia for their efforts. There were no comments from the audience. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Responding to Council Member Kirmison, Mr. Utter said that a few years ago the Council designated Gardendaie part of a special developmental area under state law because their needs are different from almost every other neighborhood in the city. Mr. Utter then named the members of the Gardendale Committee: Robert Rudine, Tiburcio Soto, Carroll Norrell, Juan Gallegos, H.G. Garrett, Theresa Gilbert, Kermit Sultemeier, Mateo Morales, W.L. Hermis, and Joe Garcia. City Secretary Chapa said Council Member Gonzales had filed a disclosure affidavit and he would abstain from voting on this item. Mr. Chapa then polled the Council for their votes: 15.a. FIRST READ1NG 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 and increased code enforcement; and by amending the future land use map. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. 15.b. FIRST READING ORDINANCE Amending the Zoning Ordinance by adding Article 12A, "B-I" Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the "B-lA" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B-lA" 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-lA to the zones listed in Paragraph B of Section 27B-7.01. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. Minutes Regular Council Meeting January 25, 2000 Page 15 Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 16. Case No. 1299-2. Jonnv Salomonsen: A change of zoning fi;om an "R-lB" One-family Dwelling District to a "T-lB" Manufactured Home Park District on Flour Bluffand 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. City Secretary Chapa said the Planning Commission and staffrecommended denial of the requested "T-lB" District, and in lieu thereof, approval of a "T-lC" Manufactured Home Subdivision District. He added that the 20% rule was in effect for this item. Mr. Gunning explained that the applicant owns a 20-acre lot south of Yorktown on which he wants to locate a manufactured home on an interim basis until he can afford to build a permanent home. The applicant applied for a "T-lB" District but staff, the Planning Commission, and the applicant agreed to a "T-lC" District, which limits him to one unit per lot. He added that there were two large property owners opposed to the "T-lB" District, but he did not know if they were opposed to the recommended "T-lC." No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023927 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-lB" One-family Dwelling District to "T-lC" Manufactured Home Subdivision District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public heating on the following zoning case: 17. Case No. 1299-7. Jack Youneblood dba Natalie's Catering: 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, 15 Minutes Regular Council Meeting January 25, 2000 Page 16 approximately 750 feet north of Airline Road. City Secretary Chapa said the Planning Commission and staffrecommended denial of the requested "B-I" District, and in lieu thereof, approval of a special permit for a catering business and other commercial uses subject to five conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public heating, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 023928 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 commemial uses subject to five conditions on Lot I, 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 fi.om the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Gm'rea, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal opened discussion on Item 18, Central Power and Light (CPL) fuel case. City Attorney Bray said these actions involve a resolution authorizing the city's intervention in the ongoing fuel factor and surcharge case at the Public Utility Commission (PUC) involving CPL. He said it also authorizes the city's intervention in the later reconciliation case where there will be more probing into the bases for the increases. Mr. Geoffi.ey Gay, the city's utility counsel in Austin, said the case immediately before the PUC (Docket No. 21934) involves CPL's request for an increase in fuel factors equivalent to about $55 million annually and a request to surcharge an additional $36.5 million to recover prior under- recoveries of fuel. He said the statute in the last 20 years has contemplated that fuel costs will be recovered on a basis in which they are incurred through a special adjustment clause so that the company is made whole for its cost of fuel without any payment of margin or return to the company (i.e., no profit) for this expense. Mr. Gay said the PUC also provides that when a company reaches a specific percentage of reasonable expenses for fuel (in this case 4%), they must request either a refund or a surcharge. Last year CPL made a request to refund approximately $19 million and this year they are requesting a surcharge. He said in September they finalized a fuel reconciliation proceeding involving CPL's fuel costs for a three-year period ending in June 1998. As a result, CPL was required to take a Minutes Regular Council Meeting Januaxy 25, 2000 Page 17 disallowance of fuel cost of approximately $8 million and they lost their effort to obtain a $19 million to $20 million reward they were seeking for operation of the South Texas Nuclear Project. Mr. Gay said the PUC's rules limit this case to evaluation of the reasonableness of the estimates provided by CPL on both the fuel cost and the load. He said CPL's request is largely attributable to increases in the cost of natural gas, which is not unique to the company. Mr. Gay added that the Corpus Christi City Council takes a more aggressive stand on behalf of its ratepayers than any other city in Texas. He said they are looking forward to the finalization of the merger of Central and South West Corporation and American Electric Power Company, which will lead to rote reductions which go above and beyond the rate reductions mandated by the Texas Legislature. Mr. Gay went on to say that at this time there are about 30 differem projects at the PUC to implement Senate Bill 7, which calls for the eventual deregulation of electricity in Texas. Other related matters include CPL's pending securitization case, where they have asked to securitize $1.3 billion in regulatory assets. He said they have taken the most aggressive stand in that case in opposition to CPL's request, and they expect an order from the PUC soon. In addition, the Legislature has mandated that on April 1, 2000, all the investor-owned utilities in the state will make filings to unbundle their cost of service, which he explained. He also discussed the issue of aggregation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 023929 Resolution authorizing intervemion of the City of Corpus Christi in Public Utility Commission of Texas Docket No. 21934, application of Cenlzal Power and Light Company for fuel surcharge and increase in fuel factor, and related proceedings. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 18.c. M2000-030 Motion authorizing the City Manager or his designee to employ Geoffrey Gay and the law finn 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinn/son, B. Longoria, J. Longor/a, and Scott voting "Aye." 17 Minutes Regular Council Meeting Janualy 25, 2000 Page 18 Mayor Neal opened discussion on Item 19, agreement with the Corpus Christi Convention and Visitors Bureau (CVB). Deputy City Manager Noe stated that the CVB Interim Board made a presentation to the Council on December 21, 1999, regarding their recommendations about the CVB's operating policies and the make up of the permanent board. He said that based on the Council's comments during that meeting, some adjustments were made to the proposed agreement to clarify the importance of marketing and addressing the city-owned facilities that rely on the CVB's services exclusively. Mr. Noe also said that the compensation section mirrors the current agreement, adding that long-term compensation issues will be discussed during the upcoming budget process. Mr. Noe explained that the contract proposes the following board structure: three from the lodging industry, two from the restaurant industry, two from area attractions, two from the air/ground transportation industry, and six members from the community at large. All members are appointed by the Council to three-year staggered terms to represent the diverse geographic nature of this area. He said if the Council approves the agreement, the board appointments could be made during the February 8, 2000, Council meeting. Council Member John Longoria said the Council had a lengthy discussion on December 21 st about the structure of the board, and he noted that the bylaws were not included with the proposed contract. Mr. Noe replied that according to the people drafting the bylaws, the issues relating to an executive committee and standing committees have been removed from the bylaws. Mr. Longoria also asked about term limits, and City Attomey Bray replied that the CVB Board is not specifically subject to the city's regulations governing boards and commissions, such as the six-year term limit; rather, the CVB Board is a corporate directorship. Mr. Noe said that if the Council wished to impose term limits, they should be spelled out in the agreement itself rather than in the bylaws, which can be amended by the board. Mr. John Bell, the CVB's counsel, added that he drafted a set of bylaws which conform to the requirements of the contract. He also noted that the contract could require that the board have regular monthly meetings. Council Member Kinnison asked if the contract could contain a clause that the Council has to concur with any changes in the bylaws. Mr. Bell replied that they could, although in the past he has recommended against that because many of the changes are "housekeeping" items and do not require the Council's time. Mr. Bell said Mr. Bray had suggested that they provide the Council with a copy of the bylaws and allot for a time period before they become effective. A brief discussion ensued regarding the bylaws. Mr. Longoria also asked about the regulations concerning filling an unexpired term. City Secretary Chapa replied that normally the term limit on boards and commissions is six years, but if a person is filling an unexpired term, he or she can serve more than six years. He said if the Council 18 Minutes Regular Council Meeting January 25, 2000 Page 19 wished to amend the CVB's proposed contract regarding the board members' terms, it should comply with the roles for other city boards. Council Member Garrett, a member of the CVB Interim Board, questioned why he was not informed of a meeting attended by Council Member Betty Jean Longoria, another interim board member, with other board members. Mrs. Longoria said that the interim board did not call another meeting after the Council's December 21st discussion about the CVB, so she took the initiative and contacted Mr. Noe and Mr. Bill Pruet, Interim Board Chairman, to discuss some of those issues. Mayor Neal said if this contract is being brought to the Council without the approval of the interim board, then it needs to go back to the board for their input, including the input of the Council members who sit on the interim board. Mr. Noe replied that the interim board made a recommendation but the Council did not like it, saying they wished to have more at-large slots and mom control over the appointments. Mrs. Longoria pointed out that the interim board did not meet again to discuss the Council's concerns. Mayor Neal said they should postpone this item until the February 8th Council meeting. Mr. Longoria said he did not think the contract needed to be changed, with the exception of some issues related to the board's structure. Council Member Scott said he thought the Council should receive quarterly updates fi:om the CVB. He also asked whether the city could lease the land utilized by the Columbus ships to another group if the ships leave Corpus Christi. Mr. Bell replied that there is a separate lease agreement between the city and the Columbus Fleet Association which would have to be adjusted based on whatever occurs regarding the ships' location. Mr. Noe pointed out that the contract does provide for quarterly reporting. Mr. Kinnison noted that the 2-cent increase in the hotel/motel occupancy tax is not addressed in the contract, and he said he wished to delete the words "from Padre Island, the Northwest area, and the Westside area" on page six of the proposed agreement regarding representation on the permanent board. Mr. Scott noted that the Council recently approved the annexation of a portion of Mustang Island, and they will want to be represented on the CVB board since one of the issues to contend with is how to spend hotel revenues fi'om the island. Responding to Council Member Colmenero, Mr. Noe said the original target date for appointments to the CVB board was Februmy 8th. He said if the Council was comfortable with the general categories contained in the proposed agreement, they can ask the interim board to make recommendations for appointments and open it up to individuals who may wish to submit their names to the City Secretary's Office. Mayor Neal suggested that the appointments be moved back one week to February 15th. Mrs. Longoria asked the Council about the board's term limits, and there was consensus that the terms should conform with the regulations for other city boards and commissions. In response to Council Member Gonzales, Mr. Bray explained the termination clause in the proposed agreement. Mr. Longoria requested a draft copy of the CVB's bylaws, and Mr. Colmenero suggested that they Minutes Regular Council Meeting January 25, 2000 Page 20 be provided in advance of the next meeting. A motion was made, seconded, and passed to postpone Item 19 until the February 8th Council meeting. 19. POSTPONED Mayor Neal opened discussion on Item 20, agreement with the Corpus Christi Regional Economic Development Corporation (EDC). Mr. Al Jones, Chairman of the EDC Interim Board, referred to draft copies of the consulting agreement, bylaws, and organizational structure for the proposed EDC, which have been unanimously approved by the interim board. He said the permanent EDC board would consist of 12 members, six of whom would represent private enterprise and six representing the public entities which provide funding to the EDC, namely the City of Corpus Christi, the Port of Corpus Christi Authority, and Nueces County. The city would appoint three members, the Port two members, and the county one member. Mr. Jones said that with regard to the six appointments by private enterprise, the initial appointments would be made by the interim board; after that, those six individuals will be elected by the membership. Mr. Jones explained that the permanent board will operate the EDC on a month-to-month basis; however, their efforts will be supplemented by a larger board of trustees, consisting of 15 to 40 people, that will probably meet on a quarterly basis. He added that the consulting agreement focuses on the EDC's mission, which is to bring in new jobs and expand existing businesses. He said currently the EDC does not have an executive director and Mr. Louis Montoya has been accomplishing those tasks at no charge. Mr. Jones said they are in the process of recruiting a new director. Council Member Betty Jean Longoria questioned why the city only appoints three members to the EDC board in light of the financial contribution made by the city. Mr. Jones said they are striving to have a relatively small board composed of 50% private representatives and 50% public representatives. He added that they hope to receive about $500,000 a year in funding from private interests. He said they also intend to keep the Council and the other entities informed about their activities. 20 Minutes Regular Council Meeting January 25, 2000 Page 21 Council Member Gonzales said he thought the entities which are providing the funds to the EDC should have more input into the organization's operation. He suggested that the city make a total of five to seven appointments, the Port three, and the county two appointments. Council Member Scott said he thought that splitting the appointments in half between public and private interests will encourage participation by private enterprises. Council Member Kinnison, a member of the interim board, said they discussed the make up of the permanent board at length. He said they expect the private companies to participate in the process and, in turn, many private companies expressed concem that they be equally represented on the EDC board. Dr. Gonzales replied that the Council members are elected by private citizens, which he explained. Mayor Neai made a motion to amend Item 20 to change the date to July 31, 2000. The motion was seconded by Mr. Scott and it passed. Dr. Gonzales made a motion that the city appoint five members to the EDC board, the Port three, and the county one. Mr. Garcia asked Dr. Gonzales if he wished those numbers to be fixed or floating to reflect the funding percentages. Instead, Mr. Kinnison made a motion that the Council accept the recommendation of the interim board regarding the make up of the permanent board as follows: 12 members with three appointed by the city, two by the Port, one by the county, and six from the private sector. Mr. Kinnison's motion was seconded by Mr. Scott. City Secretary Chapa polled the Council on Mr. Kinnison's motion, and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales voting "No." Mr. Scott asked if the contract allows the Council to appoint private citizens to the board, and Mr. Bray replied that it does. Mr. Longoria and Mr. Kinnison said the contract is written in such a way as to allow either private citizens or Council members to serve on the board. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 20. M2000-031 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 an annual fee of $375,000. The term of the agreement is January 1, 2000 through July 31, 2000. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 21, lease with Lady Lex Museum on the Bay 2~ Minutes Regular Council Meeting January 25, 2000 Page 22 Association. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 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. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garret-t, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Kinnison and Scott absent. Mayor Neal called for a brief recess. Mayor Neal opened discussion on Item 22, responses to disparity study recommendations. City Manager Garcia said this was the second part of a presentation made to the Council on November 9, 1999, regarding the results of the disparity study conducted by the LBJ School of Public Affairs at the University of Texas at Austin. As a result of the first presentation, several specific recommendations were made on ways the city could modify, implement or revise some of its purchasing and contracting processes so as to achieve more diversity. Dr. Helen Gurley, Director of Human Relations, explained that the agreement for the study was entered into on June 1, 1998, and it should have been completed on May 31, 1999. However, on April 15, 1999, the university requested a 90-day extension at no cost to the city. Dr. Gurley then named the members of the Disparity Study Committee, which she chaired: Jimmy Bray, Jorge Garza, Pat Alba, Mike Barrera, F.D. Glenn (who has retired), JoAnn Dominguez, Cynthia Garcia, and Angel Escobar. Dr. Gurley then described the disparity study recommendations and staff's responses to each one. She also responded to Council members' questions and comments about them. The first set of recommendations dealt with incorporating race- and gender-neutral measures, such as making relevant city personnel accountable for the success of the city's minority and women business enterprises (M/WBEs). She said the Human Relations Department will develop u-alning materials to educate all department users about the selection and recruitment of M/WBEs as vendors and/or contractors. 22 Minutes Regular Council Meeting January 25, 2000 Page 23 In addition, said Dr. Gurley, on a weekly basis the Materials Management Department will begin circulating a summary sheet of formal and informal bid invitations to the Minority Business Oppommity Committee (MBOC), local M/WBEs, and media organizations which request it. She added that the Engineering Department has its own Web page which contains helpful information. The disparity study also recommended that the city consider setting aside some smaller commodities purchases for bidding only by small businesses. Dr. Gurley said staff agrees with that recommendation since the City Attorney is unaware of any legal impediments to "small business" set-asides. However, it will impact the Materials Management Department because it will take between six months to one year to implement such a program. Mayor Neal suggested that staff come back to the Council with specific estimates on the cost of implementing agreed upon elements of the disparity study. Council Member John Longoria discussed the importance of identifying small businesses so they can be notified of bid opportunities. He said the city cannot control whether or not those small businesses respond to the bid invitations, but at least they are aware of them. Dr. Gurley said the study recommended the addition of staffto reach out to MiWBEs and evaluate compliance with affirmative action policies; however, she noted, hiring a compliance officer would cost approximately $36,000 a year for salary and benefits. Mr. Longoria said he was more interested in being proactive and reaching out to M/WBEs than dealing with compliance issues at this time. He added that the Council authorized funding through Community Development Block Grants to pay for three MBOC staff members, one of whom is a temporary worker. Mr. Utter confirmed that MBOC has two permanent employees and one temporary employee. Dr. Gurley also discussed the recommendations concerning bonding and insurance requirements, including that the city consider removing the insurance and bonding costs when calculating the lowest bidder. She explained that the Texas Local Government Code requires that a contract be awarded to the lowest responsible bidder. She added that the City Attorney does not believe the bonding costs could be excluded where insurance and bonding are part of the specifications. Mr. Escobar noted that Engineering Services conducts ongoing seminars about how to do business with the city. Dr. Gurley then reviewed the recommendations regarding payments to subcontractors. Another one of the study recommendations was that the city adopt an anti-discrimination ordinance making it illegal to discriminate on the basis of race, ethificity, or gender in public and private contracting. Dr. Gurley said staff agrees with that recommendation so long as it does not violate federal or state statutes. She added that the scope of such an ordinance would have to be defmed and resources for stafftrainlng would have to be available. She said that recommendation requires additional work by the consultants, which may take another 90 days. Council Member Kinnison said he would not support the recommendation because there are federal laws which address that issue. Mr. Escobar said FAA and HUD/CDBG projects already 23 Minutes Regular Council Meeting January 25, 2000 Page 24 contain anti-discrimination requirements. A brief discussion ensued and Dr. Guffey stated that she thought the city should review its contracting programs after about a year and if the city receives a number of complaints from small businesses that the city is not an equal oppommity contractor, then the city can examine that issue further. Mr. Kinnison said he agreed that they should review the situation for a year. Dr. Guffey pointed out that according to the study, the largest contracting disparities occurred in the private sector. The Human Relations Director also discussed the recommendations regarding adopting an owner-conlxolled insurance policy program and a linked deposit program; utilizing the existing preference for local businesses; and ensuring the accurate use of contract or purchase order identification numbers. Regarding race and gender-conscious measures, Dr. Gurley said the study recommended adopting M/WBE availability estimates as the city's overall annual benchmark for M/WBE participation, and continu'mg to set M/WBE participation benchmarks for individual construction contracts and subcontracts. She said staff's response is that they need additional time to research those recommendations (an additional 90 days). The Council concurred. The disparity study also recommended that the city call at least three M/WBEs on all purchases not subject to formal competitive bidding requirements. Dr. Gurley explained that the Texas Local Government Code requires that a city contact at least two historically underutilized businesses for expenditures between $3,000 and $15,000. Mr. Barrera, Acting Director of Materials Management, said the city's policy is to require two verbal quotes for expenditures between $1,000 and $2,000, and written quotes for expenditures between $2,000 and $3,000. Mr. Escobar explained the policy for public works projects. Mr. Longoria suggested that some of the study's recommendations be incorporated into the MBOC program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes on the following motion (incorporating the Council's previous comments): 22. M2000-032 Motion approving staff recommendations on Disparity Study findings. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened discussion on Item 23, naming the Sister Cities Parkway. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24 Minutes Regular Council Meeting January 25, 2000 Page 25 23. M2000-033 Motion authorizing the naming of the area between the old County Courthouse and the new Federal Courthouse as Sister Cities Parkway. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Lungoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal suggested that in conjunction with Item 23, the city should m-landscape and improve the area at the entrance to the city on IH-37 where several civic organizations have placed their signs. Mayor Neal called for the City Manager's report. Mr. Garcia introduced Police Cmdr. Bryan Smith, who was named the administrator of the Crime Control and Prevention District. Cmdr. Smith told the Council that a Crime Control District meeting was held on January 19, 2000, and they reviewed the budget process and discussed the increased involvement of the Budget Office. He noted that the Crime Control District's budget process runs 30 days earlier than the city's, which he explained. He said the board plans to extensively examine the district's budget during their February 16th meeting. With regard to district projects, Cmdr. Smith said there are four Citizen Advisory Councils in operation and the directed patrol program is proceeding. He added that there are 15 police officers currently in the field as a result of the Crime Control District: I0 in the JET program, three directed patrol officers, one drug dog officer, and one Campus Crime Stoppers officer. In addition, 15 officers will graduate from the police academy on February 1 lth; 10 more are in the academy now and the remaining 10 will start the academy in August 2001. Cmdr. Smith said he will provide the Council with an executive summary after each Crime Control District meeting and he stated that the board will be selecting a logo for the district soon. Mr. Garcia announced that a leadership summit is being held March 3-4, 2000, in Austin. The summit is being sponsored by the Texas Municipal League in conjunction with the Association of Mayors, Councilmembers and Commissioners and the Texas City Management Association. Mayor Neal called for Council concerns and reports. Mr. Garrett referred to a letter from Mr. Isaac Martinez regarding dumpsters in the back of his yard. Mr. Longoria asked if the Council would agree to have the Park and Recreation Department identify five possible sites for a skateboard park. Mr. Robert Bryan, a graduate student at Texas A&M University-Corpus Christi, said he and other young people had attended the Council meeting to show their support for exploring possibilities for a skateboard park. He said they would also like 25 Minutes Regular Council Meeting January 25, 2000 Page 26 to recommend that the Council advise the Park Department to begin developing and conducting programs to target sports such as skating, biking, and in-line hockey. Mayor Neal said the Council supports the initiative of looking at sites. Mr. Longoria said that following an organi?~tional meeting in February, the skating enthusiasts will bring back more information to the Council. Mrs. Longoria said that a few weeks ago she met with Mr. Billy Parks, District Engineer of the Texas Depa~mient of Transportation, regarding a $15 million project on Hwy. 77 north of Robstown to FM 624. She asked if the Council needed to pass a resolution in support of that project. Mayor Neal asked if the Metropolitan Planning Organization needed to approve a similar resolution. Mr. Garcia replied that staff would review it and make a recommendation to the Council. Mr. Scott pointed out that Ms. Sullivan will be leaving her position as the city's Finance Director, and he thanked her for her efforts. Mr. Scott added that in light of their discussion that day on the Economic Development Corporation and the Convention and Visitors Bureau, the Chamber of Commerce is operating and planning their annual meeting next week. He also said he would like staff to bring back some recommendations regarding offshore duck hunting. Mr. Colmenero asked about a party that is planned for Corpus Christi Beach. Mr. Garcia explained that an organi?ation holds a beach party in Galveston of over 100,000 people. He said the City of Galveston has begun to restrict the administration of the party and the main promoter has a contract to pay Galveston for the cost of holding the party. He said there is a small portion of that event run by two promoters which was not very successful in Galveston last year--it only attracted about 4,000 participants. Those promoters were unwilling to meet Galveston's requirements for increased fees and they have approached the City of Corpus Christi for a permit to hold a party on Corpus Christi Beach for between 2,000 to 4,000 people. He said the Park Department is negotiating with the promoters but their event will not be nearly as large as the Galveston event. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:40 p.m. on January 25, 2000. 26 2 a. AIRPORT BOARD - One vacancy with term to 4-04-02. COMPOSITION 10 members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. MEMBERS TERM ORIGINAL APPTD. DATE Abel Alonzo 4-04-02 4-27-99 Ramiro Gamboa 4-04-01 4-14-98 Mark Meyer 4-04-00 10-13-98 Jerry Kane, Chairman 4-04-02 4-27-99 J. E. Rehler 4-04-01 4-14-98 Jorge Rangel 4-04-02 4-27-99 Ed Hicks, Sr. 4-04-00 2-16-99 Nelda Martinez 4-04-00 12-14-99 Chuck Cazalas 4-04-01 4-14-98 Willard Hammonds, Sr. 4-04-02 4-27-99 * Resigned INDIVIDUALS EXPRESSING INTEREST Robert Broadway 13656 Teague Ln. (H) 265-0813 (W) 289-6000 Manager of Refinery Services, Valero Re£ming Co. Attended Del Mar College and CCSU, majoring in Business Management. Past President, current member of the Executive Committee and Board of Governors for the United Way of the Coastal Bend. Founding Chairman of the Work.force Development Board. 1999 Humanitarian Award recipient from the National Conference for Community and Justice. (4-27-99) Rodolfo Cantu 6609 Canyon Creek (H) 854-5018 (W) 883-7201 Community Services Director for Nueces County CommunityAction Agency, B.A. in Business, Member of LULAC, United Way Info-line and Project Compass volunteer, Coastal Bend Council on Alcohol and Drag Abuse volunteer. (6-23-97) Doyle Dommert 4625 Schwerin Lake (H) 853-8043 (W) 844-5714 Manager of Laboratory and Petrochemicals for CITGO Petroleum Corporation. B.S. from Southern Illinois University, M.S. from Central Michigan University, Board Member of Corpus Christi Education Foundation. (6-23-97) David Hayek 7609 Lake Bolsena (H) 850-7771 (W) 242-8008 Production Manager for Occidental Chemical Corp., A.A. from Del Mar College, B.S. in Aerospace engineering from Texas A&I University, Board Member Padre Soccer League. (7-3-97) 020800.WPD, page 1 27 Grace M. Go~?alez 5225 Fulwell Dr. (H) 884-6696 (w) 888-0804 Joseph B. Jessel 62 Lakeshore (H) 85%6443 (W) 993-6604 William M. McGuire - 3838 Marion St. (H) 854-1778 (W) 361-516-6057 Dr. Linda D. Mora 74 Lakeshore Dr. (H) 854-1338 (W) 878-1718 Govind Nadkarni 541 McBride Lane (W) 289-0712 James A. Needham 14202 San Felipe (H) 949-7371 (W) 825-2708 Allan Potter P. O. Box 3158 (H) 854-0516 (¥v) 888-8203 Director of Building Maintenance, Nueces County. MBA, Texas A & M-CC; B.S. in Civil Engineering, Texas A & M-College Station. Member of Texas Society of Professional Engineers, LULAC, Junior League of CC, and Hispanic Women's Network. Graduate of Leadership Corpus Christi, Class XXV. (9-20~99) President, Jessel Enterprises. Attended the University of Texas in Austin. Member of Rotary Club, USS Lexington Museum on the Bay, Coastal Bend Youth City, Driscoll Foundation Children's Hospital. (6-24-97) Architect, NAS Kingsville. B.A. in Architecture, Louisiana Tech University; Master's degree in Architecture, U. T. Austin. Past president and Executive Board member of the American Institute of Architects (MA), Corpus Christi Chapter. Extensive experience in general design/construction/contracts at NAS Kingsville. (12-27-99) Principal for Chula Vista Academy of Fine Arts, B.S. from University of Texas in Austin, MS from Texas A&I University, Ed.D. from Texas A&I University, President of Corpus Christi Principals and Supervisors Association, Member of CPP, Leadership Development Committee, State Board of Speech/Language Pathologist & Audiologist, State Board of Texas Bar Exams, Board of Governors for the United Way. (6-19-97) Engineer, Govind and Associates. B.S. in Civil Engineering, Guajamt University; M.S. in Civil Engineering, University of Southern California. Member of National Society of Professional Engineers and American Society of Civil Engineers. Graduate of Leadership Corpus Christi, Class 13. Received National Outstanding Businessman of the Year Award from Texas Association of Minority Business Enterprises. (02-03-00) Coordinator of Programs, Texas A&M-Corpus Christi. Serves as a liaison between Texas A&M University System and South Texas business, indust~, government, trade organizations and professional groups. B.S. and M.S. in Construction Management; Ph.D. in Architecture. Member of Local Emergency Planning Committee, United Way, Air Quality Committee and North Bay Community Advisory Committee. (01-26-00) Attorney-at-Law, Self-employed. B.A., Baylor University; J.D., Baylor Law School. Member of Texas Bar Association, C.C. Bar Association, Airplane & Pilots Owners Association, National Business Air Association. Holds an Aircraft Pilot License (Multi- Engine & Single Engine Commercial). (4-23-99) 020800.WPD, page 2 28 Mary Helen Sala?ar 4113 Eagle Drive (H) & (W) 854-5535 Wilson B. Stewart 4521 Snead Dr. (H) 853-5156 Gonzalo Tamez 1038 Pyramid (H) 9924209 (W) 886-2600 Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council, South Texas Minority Coalition Organization and Hispanic Chamber of Commerce. Current member of Westside Business Association. (02-01-00) Retired, Federal Aviation Adnfinistration. B.S. in Business Management. Served as Air Traffic Manager at the C.C. Inter- national Airport and Air Traffic HUB Manager for South Texas (Harlingen, Brownsville and McAllen). Previously served on Airport Advisory Board fi.om 6/95 to 4/98. (5-07-99) Lieutenant, Corpus Christi Police Deparlmem, A.A. fi.om Del Mar College, B.A. from Corpus Christi State University, M.A. fi.om Corpus Christi State University, Real Estate Brokers License fi.om the State of Texas, Member of LULAC, served as president for three terms, served as vice-president for two terms, and trustee for two terms. (2-15-99) 020800.WPD, page 3 29 C. C. BAY AREA MINORITY BUSINESS OPPORTUNITY COMMITTEE - Minimum of five to a maximum often vacancies, five vacancies to represent the following categories: 2 - Federal/State/Local agency, I - Hispanic Chamber and 2 - Private Sector. (NOTE: Since some terms are to 8-01-00, it is recommended that new appointees be automatically reappointed to a three-year term to 8-01-03.) COMPOSITION The committee shall consist of a minimum of 9 and not more than 15 members and shall be composed of: 3 representatives from federal/state/local govemement agencies; 1 - representative from the Chamber of Commerce; 1 - representative from the Black Chamber of Commerce; 1 - representative from the Hispanic Chamber of Commerce and 3 - representatives from the private sector representing major employers with substantial contracting capabilities. A representative from the Minority Business Development Center and a representative of the Small Business Administration shall serve as Advisory Members. Members of the committee may be appointed from within or outside the city. The Mayor of the City of Corpus Christi and the Nueees County Judge shall serve as Ex- officio members. MEMBERS TERM ORIGINAL APPTD. DATE ** Claude Adams (Federal/State/Local) 8-01-00 Adelfino Palacios (Federal/State/Local) 8-01-01 * Lino Vera (Federal/State/Local) 8-01-99 * Steven Gomez, Chairman (Private Sector) 8-01-99 Joe Adkinson (Private Sector) 8-01-01 Gabriel Rivas (Community At Large) 8-01-01 ** Abey Flores (Hispanic Chamber) 8-01-99 ** Diana Garza (Community at Large) 8-01-00 Rudy Ortiz (Chamber of Commerce) 8-01-01 Lamont Taylor (Black Chamber) 8-01-00 ** Robert Colmenares (CommunityAt Large) 8-01-00 ** Sandra Terrell-Davis (Private Sector) 8-01-01 Mayor Ex-officio County Judge Ex-officio Victor Martinez (MBDC) Advisory 5-31-94 10-29-96 10-29-96 10-29-96 6-16-98 8-11-98 5-31-94 6-16-98 3-10-98 1-14-97 3-10-98 8-11-98 * Seeking reappointment. ** Resigned. ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Lino Vera (Federal/State/Local) 4 Steven Gomez (Private Sector) 4 3 75% 3 75% 020800.WPD, page 4 30 OTHER INDIVIDUALS EXPRESSING INTEREST Willie Campbell 3130 Seahawk Dr. (H) 851-8729 (W) 289-3271 Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving kis community. (01-14-00) (Community At Large) Steve Cervantes 2214 Dorsey St. (H) 993-2332 (W) 299-1766 President, Southern Contracting, Inc. Member of Realtors Asso- ciation and Associated General Contractors. Served nine years active duty in U. S. Army; 18 years as a Minority Construction finn. Holds a Real Estate broker's license. (12-27-99) (Private SectoO Melanie Gonzales 5354 Gateridge (It) 992-6114 (V0 289-2712 Administrative Assistant to General Manager, RTA. Has participated in MBOC events and is familiar with the mission and goals of the organization. (2-03-00) (Federal/State/Local) Jesse E. Guerra, Jr. 3022 Santa Fe (H) 883-8495 (W) 874-0039 Agent, AllState Insurance Co. B.S. from U.T. Austin. Received H.E.B. David Ashworth Award for Community Involvement and the AllState New Hero Award for Agents. (7-06-99) (Hispanic Chamber) Richard Pulido - 4930 Lake Livingston (H) 985-6772 (W) 361-7764813 C41SR Superintendent, NAS Ingleside. B.S. in Management. Member of Special Olympics and American Red Cross. (1-20-99) (Community At Large) Rev, Leroy Roundtree- 4037 Rooney Dr. (Iq) 852-5841 (W) 757-424-6411 Asst. Pastor, St. John's First Baptist Church. Retired from 20 years of naval service in Sept. 1999. Area of expertise: analysis and technology. (1-06-00) (Community At Large) Avis Rupert, Ph.D. 6350 Meadowvista, #1527 (H) 994-9156 (W) 825-5755 Assistant Professor of English, Texas A&M-CC. B.B.A. in Business Administration and Marketing, University of North Texas; M.A. in Composition Studies, Texas A&M-CC; Ph.D. in Rhetoric and Writing, Bowling Green State University. Served in Management with for Wal-Mart stores for over seven years. (1-05-00) (Federal/State/Loca0 Edward Sanchez 213 E. Vanderbilt (H) 853-5745 (W) 889-5330 Strategic Planner, Workforce Development Board. B.B.A. in Finance, Texas A&I University. Board member/Treasurer for Corpus Christi Center, Inc. Has participated with MBOC initia- tives for four months. (2-03-00) (Federal/State/Local) Rev. Mark Stewart 4021 Montego (H) 853-6117 (W) 852-3292 Pastor, Rising Star Baptist Church. Member of the Adelante Juntos Advisory Committee. (1-07-00) (Community At Large) 020800.WPD, page 5 c. INTERGOVERNMENTAL COMMISSION ON DRUG & ALCOHOL ABUSE - Three vacancies with two-year terms to 8-19-01. Thirteen voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso-Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. MEMBERS TERM ORIGINAL APPTD. DATE Abby Saenz (County), Chairman Aaron DeLaGarza (CCISD) Velma Arellano (City) Lucy Rubio (City) Jean Newberry (City) Frank Veltri (CCISD) Diane Spurlock (Calallen) Audra Ude (Flour Bluff) Dora Sifuentes (West Oso) Gary Bumett (Tuloso-Midway) Mauro Garza (Robstown) Aaron Bonds (County) Tim Clower (County) 8-19-99 8-19-00 8~19-99 8-19-99 8-19-99 8-19-99 8-19-99 8-19-00 8-19-99 8-19-00 8-19-99 8-19-00 8-19-00 8-12-97 10-10-95 8-05-86 * Seeking reappointment. ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Velma Arellano 2 2 100% Jean Newberry 2 0 0% Lucy Rubio 2 1 50% OTHER INDIVIDUALS SEEKING REAPPOINTMENT Robin Ford 2017-AWoodc~st (H) 937-2302 (W) 853-9355 Patient Liaison, New Horizons Community Mental Health Center. Associate's degree in Mental Health. Strong networking, primarily with senior citizen care agencies. (1-05-00) Shelley HinQosa 4505 Cobblestone (H) 814-3613 (W)855-1021 CEO/President, Shelley & Associates. Master's degree in Psychology, B.A. in Counseling. Pursuing Doctorate degree in Higher Education in Adult Learning, Nova University. Board member of Hispanic Chamber of Commerce. 1998 Corpus Christi Hispanic Chamber of Commerce Business Woman of the Year. (5-12~99) 32 Rev. Leroy Roundtree- 4037 Rooney Dr. (H) 852-5841 (W) 757-424-6411 Rev. Mark Stewart 4021 Montego (Iq) 853-6117 (VO 852-3292 Asst. Pastor, St. John's First Baptist Church. Retired from 20 years of naval service in Sept. 1999. Area of expertise: analysis and technology. (1-06-00) Pastor, Rising Star Baptist Church. Member of the Adelante Juntos Adviso~ Committee. (1-07-00) 33 d. SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE - One vacancy with term to 12-26-01. COMPOSITION 16 members appoimed by the Council, 3 of whom shall represent agencies with direct services to senior citizens. The remainder shall reflect a proportionate representation of the ethnic distribution of the elderly population. The committee selects its own chairman, vice-chairman and secretary. (Five representatives from the Senior Citizen Centers shall be appointed by the site councils) ORIGINAL MEMBERS TERM APPTD. DATE Esther Oliver William Kirshner Viola Van Houten Ophilia Gamez K. G. Coley Edna Gibson Cox Gloria Fax/as (Agency Rep.) Guadalupe Gomez Anna Gonzales Annie L. Poldrack Alan Bligh Helene Fermessy Flapper Bradley (Agency Rep.) Josie Lozano Gay Nell Harper (Agency Rep.) Carmen Arias Celia Molina (Site Council - Zavala Ctr) Patsy Matejek (Site Council - N.W.Sr. Center) Rosa Tmjillo (Site Council - Broadmoor Ctr) Juan Pena (Site Council - Greenwood Ctr) Tommy LaRue (Site Council - Williams) Elsa Ciminelli (Site Council - Lindale) Ray Forrest (Site Council - Eyerly) 12-26-00 12-26-00 12-26-00 12-26-00 12-26-01 12-26-00 12-26-00 12-26-01 12-26-01 12-26-01 12-26-01 12-26-00 12-26-01 12-26-01 12-26-00 12-26-01 Ex-officio Ex-officio Ex-officio Ex-officio Ex-officio Ex-officio Ex-officxo 3-02-93 5-11-99 6-08-99 5-11-99 6-08-99 12-12-95 6-20-95 1-11-00 3-10-98 2-08-94 3-10-98 3-02-93 3-10-98 1-12-00 4-28-98 7-12-94 * Resigned. OTHER INDIVIDUALS EXPRESSING INTEREST Robin Ford 2017-A Woo&rest (H) 937-2302 (W) 853-9355 Patient Liaison, New Horizons Community Mental Health Center. Associate's degree in Mental Health. Strong networking, primarily with senior citizen care agencies. (1-05-00) 34 Ella Gutierrez 6233 Pebble Beach (H) 852-6779 Sara Heselmeyer 3910 Petty Dr. (H) 883-8706 (W) 853-9901 Batyah Joseph P. O. Box 7622 (W) 878-3546 Mary Helen Sala?ar 4113 Eagle Drive (H) & (W) 854-5535 Retired Educator, CCISD. B.S. in Education, Texas Women's University; M.S. in Mid Management, School Administration, and Bilingual Education Administration. Leadership Corpus Christi Alumni, Class XX. Member of YWCA Board of Directors, Hispanic Women's Network, South Texas Institute of Arts, and Commission Peer Art Sub-Grant Application selection for Municipal Arts. (01-20-00) Community Educator, Girling Home Health. B.A., 12 hours towards Master's degree in Counseling. Member of Mayor's Council on Senior Citizen Affairs, Bay Area Female Executive Association. (1-05-00) Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice-President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05-00) Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council, South Texas Minority Coalition Organization and Hispanic Chamber of Commerce. Current member of Westside Business Association. (02-01-00) 35 SENIOR COMPANION PROGRAM ADVISORY COMMITTEE - Two vac~incies, one with term to 12-31-00 and one with term to 12-31-01, to represent the following categories when available: community business and labor leaders; representatives from volunteer stations; representatives from private and public agencies; individuals specializing in the aging field, and individuals specializing in the field of volunteerism. COMPOSITION 11 members appointed by the City Council for two-year terms to provide advice and support the SCP project coordinator in the formulation of local policy and the planning and development of operational procedures and practices consistent with program policies. The composition of the Advisory Committee shall include at least three Senior Companion volunteers; when available community business and labor leaders; representatives from volunteer stations; representatives from private and public agencies; individuals specializing in the aging field, and individuals specializing in the field of volunteerism. The Superintendent of Senior Community Services and the Senior Companion Program Coordinator shall serve as non-voting members. MEMBERS TERM ORIGINAL APPTD. DATE Hope Franklin (Private Agency) Iris Williams (Private Agency) Valerie Houston (Public Agency) Pete Oliver (Sr. Comp. Volunteer) Apolonia Cantu (Sr. Comp. Volunteer) Marie Partington (Sr. Comp. Volunteer) Patricia Shufelt (Public Agency) Julia Whitehurst (Private Agency) Maria Dominguez (Private Agency) Sandy Canto (Private Agency) Gilbert Salinas (Private Agency) Elsa Munoz, SCS Superintendent VACANT, SCP Coordinator 12-31-01 1-12-99 12-31-01 I-11-00 12-31-01 7-27-99 12-31-01 12-12-95 12-31-01 1-11-00 12-31-00 10-12-93 12-31-00 8-11-98 12-31-00 1-12-99 I2-31-01 8-11-98 12-31-00 1-12-99 12-31-00 8-11-98 Ex-officio Ex-officio * Resigned. ** Has exceeded the number of absences allowed by ordinance. INDIVIDUALS EXPRESSING INTEREST Robin Ford 2017-A Woodcrest (H) 937-2302 (w) 853-9355 Patient Liaison, New Horizons Community Mental Health Center. Associate's degree in Mental Health. Strong networking skills, primarily with senior citizen care agencies. (Private Agency) (1-o5-oo) Deidra Graves 15426 Formna Bay #106 (H) 949-0306 (w) 825-5855 Director of Student Activities, Texas A & M - CC. B.S. in Human Sciences, M.Ed. in Student Affairs Administration. Education and Professional Development Coordinator for for National Association for Campus Activities. Research interest - service learning and community service among college students. (Volunteerism) (1-04-00) 36 Elia Gutie~ez 6233 Pebble Beach (H) 852-6779 Sara Heselmeyer 3910 Petty Dr. (H) 883-8706 (W) 853-9901 Macy Lyons 4542 Ramona (H) 854-0343 George Perez 5709Kimbrough (H) 985-0739 Rev. Leroy Round~ee- 4037 Rooney Dr. (H) 852-5841 (W) 757-424-6411 Avis Rupee, Ph.D. 6350Meadowvista,#1527 (H) 994-9156 (W) 825-5755 Mary Helen Salazar 4113 Eagle Drive (H) & (W) 854-5535 Retired Educator, CCISD. B.S. in Education, Texas Women's University; M.S. in Mid Management, School Administration, and Bilingual Education Administration. Leadership Corpus Christi Alumni, Class XX. Member of YWCA Board of Directors, Hispanic Women's Network, South Texas Institute of Arts, and Commission Peer Art Sub-Grant Application selection for Municipal Arts. (01-20-00) Community Educator, Girling Home Health. B.A., 12 hours towards Master's degree in Counseling. Member of Mayor's Council on Senior Citizen Affairs, Bay Area Female Executive Association. (Private Agency) (1-05-00) Retired housekeeper. Senior Companion volunteer for five years. Active volunteer with Calvary First Baptist Church. (Senior Companion volunteer) (1-06-00) Retired painter. Senior Companion Volunteer for two years. Volunteer and member of Christ the King Church - assists disabled deacon on Sundays and Mondays. (Senior Companion volunteer) (1-06-00) Asst. Pastor, St. John's First Baptist Church. Retired fxom 20 years of naval service in Sept. 1999. Area of expertise: analysis and technology. (Volunteerisrn) (1-06-00) Assistant Professor of English, Texas A&M-CC. B.B.A. in Business Administration and Marketing, University of North Texas; M.A. in Composition Studies, Texas A&M-CC; Ph.D. in Rhetoric and Writing, Bowling Green State University. Served in Management with for Wal-Mart stores for over seven years. (Public Agency) (1-05-00) Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council, South Texas Minority Coalition Organization and Hispanic Chamber of Commerce. Current member of Westside Business Association. (Private Agency) (02-01-00) AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, for approximately 10,500 tons of cold mix-cold laid asphalt, Type B, Item 330 in accordance with Bid Invitation No. BI-0049-00 based on sole source for an estimated almual expenditure of $299,250. 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. The Street and Utility Departmems will be using this material for the patching and repairing of City Streets. Funds have been budgeted by the Street and Utility Depam-nents for FY 99-00. BACKGROUND: This material is used to repair streets after utility cuts are made by the Water, Gas, and Wastewater Departmems. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt in not available. Previous Contract: The option to extend the current commct has been exemised, requiring new bids to be received. Price Analysis: Pricing has increased approximately 9% since the last contract of January 1997. Award Basis: Sole Source Vulcan Construction Materials, LP is the sole producer of this product. This material is a naturally impregnated rock asphalt, which is found only in the Uvalde area in the State of Texas. Vulcan Construction Material, LP sells this material directly and exclusively to Cities and counties. This material has been tested and used extensively by the Street Department and has been proven to be superior in comparison to other products on the market. Funding: Activity Name Street Gas Wastewater Water Acting Director of Materials Managemem Budgeted Amount $275,000 5,000 10,000 10,000 39 ~11'~' OF CORPUS c~IRISTI PURC'ItASING DEPARTlV[ENT BID TABULATION BID INVITATION NO.: BI-0049-00 COLD MIX-COLD LAID ASPItAJ.,T QUANrlT¥: 10,.500 TONS BUYER: ESTHER C. BARRERA VULCAN MATERIALS COMPANY SAN ANTONIO, TEXAS UNIT PRICE $28.50 TOTAL $'299,250.00 40 AGENDA MEMORANDUM DATE: January 28, 2000 SUBJECT: Parkdale Library Chiller Replacement (Project #4197) ~ Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. for a total fee not to exceed $20,880 for the Parkdale Library Chiller Replacement project. ISSUE: The existing air conditioning chiller is 18 years old and has reached the end of its economic life. Replacement of the chiller at this time will help ensure that the facility can be used by the public without interruption. FUNDING: Funds for this project are available in the FY99-00 Library Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Herbert G. Canales Director of Libraries /~e{ R. Escobar, P.E. ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Locaf~on Map 41 BACKGROUNDINFORMATION Prior Council Action: July 20. 1999 - Adoption of the FY99-00 Annual Budget, which included replacement of the Parkdale Library Chiller as an approved capital outlay project (Ord. 023702). Backqround Information: Parkdale Library is located at 1230 Carmel Parkway. The existing unit is 18 years old and requires constant maintenance. Award of the contract at this time will permit the project to be completed prior to the peak cooling season. Pro_iect Description: This project consists of mechanical and electrical work for the installation of one new air-cooled condenser and provides for vibration isolation of the new unit. Also included are the necessary riflings, metal piping, and insulation to complete the installation. Bid Information: The project was bid as a lump sum Base Bid with no additive alternates. The City received proposals from four (4) bidders on January 26, 2000, with bids ranging from $20,880 to $27,950. Malek, Inc. of Corpus Christi, Texas, a large, well-established mechanical contractor that has satisfactorily performed several other jobs for the City, is the lowest responsive bidder. Staff recommends that Malek, Inc. be awarded the construction contract in the amount of $20,880. Contract Terms; The contract provides for the project to be completed in 90 calendar days, with completion anticipated in June 2000. Page I of I 42 PREUMINARY BUDGET Parkdale Library Chiller Replacement 1999 Project No. 4197 January28,2000 FUNDS AVAILABLE: PREUMINARY BUDGET Parkdale Library Operating Budget 26,000 TOTAL 26,000 FUNDS REQUIRED.: Construction (Malek, Inc.) 20,880 Construction Contingencies (6%) 1,245 Design Consultant (ArchJEngineer) 2,875 Enginee~ng Reimbursements 200 Miscellaneous Expenses (PrinUng, Advertising, Express, etc.) 800 TOTAL I 26,000 !lExhibit "E "II Page 1 of 1 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BYz Angel R.EeCobar, P.E., Director of Engineering Services DATE, Wednesday, January 26, 2000 TIME Of COMPLETION. 90 Calendar Days ENGINEER'S ESTIMATE, $25,455 PARKDALE LIBRARY CHILLER REPLACEMENT PROJECT NO. 4197 Malek Inc. P.O.Box 679 C.C., TX 78408 Weathertrol Inc. P.O. Box 4881 C.C., TX 78469-4881 Neal Air S Heat Inc. 5012 Ambassador Row C.C., TX 78416 Air Stream Htg/AC Inc. 2100 Broadway San Antonio, TX 78215 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICK AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to AA perform the work required for the project; at the locations set out by the plans and specifications and in strict accordance with the contract documents. TOTAL BASE BIO: $20,880.00 $20,900.00 $23,277.00 $27,950.00 \ Mproject \ councilexhibits \ exh4197, dw~ San Patrfcio Counfy ~-..~ ~ · PARKDALE LIBRARY Nueces Coun~ ~ ~ ..~s. ~ooo o ~o~ ,ooo~ ,~ooo ~ G~PHIC SCALE CZ~ PROJECT ~ 4197 EXHZBZT "O" Pankda2e L~bcany cz~ COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SE~CES Ch~2~en Rep2acemen~ 1999 PAGE: I of 1 CI~ OF CORPUS CHRISTI. TEXAS 45 DATE: 2/02/2000 AGENDA MEMORANDUM January 26,2000 SUBJECT: Acquisition of Parcel No. 34 by Condemnation. for the Spur 3, Phase 2 Improvements Project AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation award of $207,600 for acquisition of Parcel 34 located at the Ennis Joslin/Alameda 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. 34 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 20, 2000, and the Special Commissioners' award was $207,600. This acquisition requires Council approval. FUNDING: Funds for this acquisition are available from the Street Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. · ~g~l R. Escobar, P. E. Director of Engineering Services Background Information Prior Council Action Location Map Information Summary Special Commissioners' Award Spur 3, Phase 2 Acquisition of Parcel No. 34 H:'~HOMESSHE LBY~G E N~.AGgg~ACQ UITN S~ p U R3-P2U=ARCL.34.M Page I of I 47 BACKGROUND INFORMATION SPUR 3, PHASE 2 IMPROVEMENTS PROJECT PARCEL NO. 34 SUBJECT: Acquisition of Parcel No. 34 by Condemnation Spur 3, Phase 2 Improvements Project PRIOR COUNCIL ACTION: See Exhibit "B." OVERVIEW: Backoround: 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 concems. 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 I of the project (Ocean Drive between the Alameda/Ocean Drive intersection and TAMU-CC) has been completed. Parcel: The subject parcel is located at the intersection of Ennis Joslin Road and South Alameda. Parcel No. 34 is a fee simple whole taking (land and improvements) acquisition. This parcel is being acquired for the Spur 3, Phase 2 street improve- ments. Staff's settlement offer of $135,000 was rejected, and negotiations reached an impasse. On October 12, 1999, Council authorized eminent domain proceedings. A condemnation headng was held on January 20, 2000, and the Special Commissioners' award was $207,600. The City will proceed with an appeal of the Special Commissioners' award. 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," "D," and "E." No title company is involved in this transaction. Pa!lo 1 of 1 48 PRIOR COUNCIL ACTION SPUR 3 PROJECT 7. 8. 9. 10. 11. 12. 13. September, 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. 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. 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). 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. 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. September 10, 1996 - Motion No. M96-279 authorizing the acquisition of Parcel No. 1 from the County Line Properties, inc. Seotember 24. 1996 - Motion No. M96o295 authorizing the acquisition of Parcel No. 3 from Second Convenience Stores Properties, Inc. January_ 19. 1999 - Motion No. M99-010 authorizing the acquisition of Parcel No. 30 from Bonnie Lee Tafford. May 18, 1999 - Motion No. M99-145 authorizing the acquisition of Parcel Nos. 2 and 2 U.E. from C. C. Shores II, Ltd. July 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. August 24, 1999 - Motion No. M99-281 authorizing the acquisition of Parcel No. 4 from Apex Golf Properties Corp. 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. October 12. 1999 - Resolution No. 023789 authorizing condemnation proceedings to acquire Parcel No. 34 from Leona Estes. [Exhibit B J 49 Page 1 of 2 14. 15. 16. 17. 18. November 9, 1999 - Resolution No. 023826 authorizing condemnation proceedings to acquire Parcel No. 32 from Curtis W. and Sharron K. Bennett. November 16. 1999 Resolution No. 023842 authorizing condemnation proceedings to acquire Parcel No. 27 from William McDonald Riddick, et al. November 16. 1999- Motion No. M99-397 authorizing acquisition of Parcel No. 21 from Sheila Snyder. December 14, 1999 - Motion No. 99-A24 authorizing acquisition of Parcel No. 29 from John L. Johnson and wife, Janet L. Johnson. ,lanuarv 18, 2000 - Motion No. 2000-014 authorizing acquisition of Parcel No. 18, 18 U.E. from the Seaside Villa Council of Co-Owners, Inc., as Trustee for the unit owners and their lienholders. 5O il Exhibit B ~ Page 2 of 2 SITE1 LOCATZON MAP PARCEL .No. 34 SPUR 3 - PHASE II OCEAN DR. TO S.P.I.D. PARCEL 34 City of q::'.-:.n: Ckr!~!. -~.xas VICINITY MAP NO7- 7-0 City Council Exhibit Department of Engineering Services Date : 08-31-99 Pal~e : 1 of 1 Christi EXHIBIT C Owner: Location: Zoning: Size: Platted: Tax Value: Appraised Value: City's Original Offer: City's Updated Offer: Settlement Offer: Owner's Demand: INFORMATION SUMMARY SPUR 3, PHASE 2 IMPROVEMENTS PROJECT PARCEL NO. 34 Leona R. Estes Ennis Joslin Road at the Alameda/Ennis Joslin intersection R-la, One Family Dwelling District Whole Taking: Land: Improvements: Yes $117,877 American Appraisers, Inc. Sidney H. Smith, III, MA.I. John A. Erickson, S.R.A. $120,000 $130,000 $135,000 $120,000 $130,000 8,817 sq. ff. 2,914 sq. ff. $250,000 Condemnation Authorization: Condemnation Hearing: Special Commissioners' Award: Resolution No. 023789 dated October12,1999 Janua~ 20,2000 $207,600 I Exhibit D ~ Page 1 of 1 52 CAUSE NO. 99-61770-4 CITY OF CORPUS CHRISTI, Condemnor VS. LEONA ESTES IN THECOUNTYCOURT AT LAW NO. 4 NUECES COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On January 20, 2000, in the City of Corpus Christi, Nueces County, Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners by the Judge of County Court at Law No. 4, Nueces County, Texas to assess the damages caused by these proceedings. The PIaimiff, 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/ hrough legal counsel The Commissioners proceeded to hear the evidence and arguments of the parties and made the following findings: I. That on October 21, 1999, the City of Corpus Christi, Texas, Plaintiff, filed its "Original Statement and Petition in Condemnation" with the Clerk of Nueces County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi fee simple title to the land described as Lot IR, Block 15, Edgewater Terrace Subdivision, Nueces County Texas, excluding the oil and gas rights, for the purpose of Road and Utility Improvements, and other municipal purposes, said land being situated inside the corporate limits of the City of Scb,'ESTA WD.sr EXHIBIT "E" '~ Corpus Christi, Nueces County, Texas. II. That upon consideration of the said written 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. 1II. That the said Special Commissioners did, by written order, desi~tmate and appoint the 20th day of January 2000, at 9:00 a.m., in the County Courthouse, County Court No. 4, situated in Nueces County, Texas, as the 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. 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 20th day of January, 2000, said Special Commissioners did convene and the following named parties did appear in person or by their attorney: City of Co~pus Christi, by and through Joseph F. Hamey, Asst. City Attorney oft.he City of Corpus Christi, Texas; and the Defendant Leona Estes, although duly served, failed to appear/appeared in person/appeared through their attorney o and announced ready for such hearing, and said S Commissioners proceeded to hear evidence as to the damages which will be sustained by the owners by reason of the taking of said land. Scb/ESTAWD.sr 2 54 VII. The land subject of the taking is as follows: Fee simple title to the property described as Lot 1R Block 15, Edgewater Terrace Subdivision, Nueces County, Texas, exclusive of oil and gas rights. VIII. The Special Commissioners find that the City of Corpus Christi, as Condemor, offered to pay $135,000 to the property owners before these proceedings began. After hearing and consideration of all such evidence, said Special Commissioners fmd and determine and accordingly assess damages to be paid by the City of Corpus Christi according to the rule of damages set forth in the Texas Property Code, the amount of T~,~o [4~1~13f~4~ .~£~ Tl't00,~8~a ~,tg 14o~Jl~a~l~ ($ ~07 ~ ?~ Dollars for said parcel to the owners. VIII. The accrued costs of this proceeding, consisting of filing fees only, are hereby adjudged Signed this the ~O~ day of January, 2000. APPROVED AS TO FORM: Seb/ESTAWD.sr 5~ SPECIAL COMMISSIONERS Josep~ F.~Hamey (~ Assistant City Attorney Attorney for Plaintiff Jg~h A. Colin, Jr-.~~ Attorney for Defendant Seb/ESTAWD.sr 4 56 Agenda Memorandum Agenda Item: Ordinance appropriating $9,817.75 from the Estate of L. Lloyd Sessions in the No. 6010 Trust Fund - Museum Donations; authorizing the transfer of $9,817.75 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum, and declaring an emergency. ~. Issue: The City of Corpns Christi has received a $9,817.75 bequest from the Estate of L. Lloyd Sessions "to be used for the benefit of the City's Museum". Consistent with previous City Council action, all trust funds have been closed and contributions to the Museum are transferred to the Friends of the Museum. The bequest of funds must be formally appropriated and transferred by the Council. Background: Contributions to the Museum are usually deposited to the Friends of the Museum. In accordance with their By-Laws the Friends ..."promote and encourage interest in the Museum, and work in close connection with the Corpus Christi Museum of Science and History Director," and "solicit capital funds, properties and specimens for the purposes of the Museum." The Friends established the Corpus Christi Museum Foundation in the early 1970's for the long term investment of funds contributed to the Museum. The present trustee of the Foundation is Wells Fargo Bank. The Friends provide from $100,000 to $250,000 annually toward support of the Museum. Their f'mancial activities are audited annually by an independent firm, most recently Fire and Wheeler. A recent example ora project in which the Friends cooperated with the City is the acquisition and installation of the Seeds of Change exhibit which cost $360,000. Of this amount $260,000 came from the Friends and $100,000 came from City sources. A current project of the Friends is Discovery Hall for which $1 million was given by Janet and Ed Harte and for which the Friends have committed to raising an additional $500,000. Recommendation: It is recommended that the City Council approve the transfer of the bequest from the Estate of L. Lloyd Sessions to the Friends of the Museum. Rick Stryke~ Museum Director 0105001 $7 ORDINANCE APPROPRIATING $9,817.75 FROM THE ESTATE OF L. LLOYD SESSIONS IN THE NO. 6010 TRUST FUND - MUSEUM DONATIONS; AUTHORIZING THE TRANSFER OF $9,817.75 TO THE FRIENDS OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND H/STORY FOR THE BENEFIT OF THE MUSEUM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,817.75 is appropriated from the Estate of L. Lloyd Sessions in the No. 6010 Trust Fund-Museum Donations. SECTION2. That $9,817.75 from the No. 6010 Trust Fund-Museum Donations is transferred to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary, Armando Chapa Legal form approved ~_~f~000; James ~so~ ~ail~'w~ay, Assist~n~-City Attorney Samuel L. Neal, Jr., Mayor R. Bray, Jr., City Attorney H:xI_EG.DIR\VERONICA~ALISONXORD~0 800~AGORD00 805 58 7 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, 24-621 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for penalties. FIRST READING: January 18, 2000 Passed: 7- 0 (2 absent) FINAL READING: February 8, 2000 COMMENTS: 59 City Council Agenda Memorandum January 18, 2000 AGENDAITEM: Ordinance, mending the Corpus Christi Code Of Ordinances, Chapter 24, Sections 24-33, 24-37, 24-40, 24-46, 2~. ~7, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for Penalties. -B. Motion authorizing the City Manager or his designee to submit such ordinance to the Department of Housing and Urban Development for substantial equivalency and enter into an Interim Agreement with HUD for the $115,000 funding package to establish a substantially equivalent Fair Housing Program, beginning with this federal funding cycle; and to include authorization for the City Manager to continue with the preliminary agreement for up to a three year period and thereafter establish annual HUD worksharing agreements. ISSUE: The Housing and Urban Development has asked the City to make several modifications to its present fair housing ordinance to meet eligibilky 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 staff/attorneys, and development of forms and procedures to establish an on-going Fair Housing Program. Additionally, the funds will offset expenses related to necessary stalTmg needs (i.e.: Office Assistant I, Grade 12 - clerical support for expanded workload), office supplies and equipment. 60 After three years of building a "substantially equivalent" Fair Homing Pmgrarm the Homing and Urban Development will continue its relationship with the City by entering into annual HUD agreemems, 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 City, as well. REQUIRED COUNCIL ACTION: Council approval is required before the requested chaages 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 agreemems with HIJD. FUNDING: The Ordinance does not require funding. RECOMMENDATION: motion as listed above. Request Council pass the aforementioned ordinance and ~eirlee~oRr' o~lueYm~anghl~eDiat io ns / AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 24, SECTIONS 24-33, 24-37, 24-40, 24.46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 OF HUMAN RELATIONS, ARTICLE IH, 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, 2~. n. 6, 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 are hereby amended to read as follows: CHAPTER 24 HUMAN RELATIONS ARTICLE IXI. DISCRIMINATION IN HOUSING Sec. 24-33 Exemptions and exclusions. (a) There shall be exempted fi:om the application of Section 24-36: (1} Co) (2) (A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subdivision (1)(B) or ,.~ (1)(C), provided, that new occupants of such housing meet the age requirements of subdivisions (1)(B) or (1)(C); or Sec 24-37 Disability. (0 Covered maltifamily dwellings f~-f~,~e~'aaeS~O~ occupied by March 13, 1991, or if the building permit or renewal is made before June 15, 1990, are not covered. Federal Reg?~!ations exclude such buildings from the requirements of accessibility. Federal regulations state that dwelline for first occupancy after March 13. 1991. must meet access~le mute requiremeras, while dwelllno~ designed and constructed for fa'st occupancy on or before March 13, 1991, were exempted. The covered multifamilv dwellings, shall be designed and constructed to have at least one building enlrance on an aecess~le mute unless it is :,i:,metical to do so because of terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy at, er IVlarch 13, 1991. Iftbe dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued by a State, Cotmty, or local government on or before June 15, 1990, it is ex,mgr. The burden ofestablishlng hUlatagticality 62 because of terrain or unusual site characteristics is on the person or persons who designed or constructed the homing facility. All covered multlfamily dwellings for first occupancy attar March 13, 1991, with a b-~ing entrance on an accesm'ble mute shall be designed and constructed in a manner that: Sec. 2440 Complaint. (f) On the filing of a complaint the Arlmlnlm~ator shall: (1) Give the aggrieved person notice that the comtalaint has been received; _advise the aggrieved person of the specific time limits applicable to complaint processing and the procedural rights and obligations of the a~grieved _t~'son and choice of forums under this article including that he/she has the right to commence a civil action under Section 813 of the Fair Housin~ Act in the United States District Court not later than two years after the occurrence or termination of the alleged discriminatory hoesing practice; and (B) a copy of the original complaint will be sent to the a~grieved person(s). Not later than the ~n,k 10,h day after the filing of the complaint or the identification of an additional respondent under 2443, serve on each respondent: (A) a notice identifying the alleged discriminatory housing practice and advising the respondem of the procedural fights and obligations of a respondent under this article; and (B) a copy of the original complaint will be scm to bzXh the respondent(s). (3) The Agency must make a final administrative disposition ofa comphint within one year of the date of filing of the charee. Sec. 24-46 Investigative Report (a) The Administrator shall prepare a final investigative report showing: (1) The names and dates of contacts with wimesses; (A) The investigative report will not disclose the names of witnesses that request anonwnity, unless the Administrator is requked to do so under Court Order. Sec. 2447 Reasonable cause determination. If the Admini.qtmtor determines thru reasonable cause exists to believe that a discs ;. ,;,,atory housing practice occurred or is about to occur, the Administrator shall: ex.pt as provided by Section 24-49(Lend Use Law),: ;;mn~dlatelv issue a charge on behalf of the aggrieved person. Sec. 2448 Charge. (a) A charge issued under Section 24-47 (Reasonable Ceause _Dde{ermination): (b) Not later than ~¢ 3_ days after the Adminim'ator issues a charge, the Adminimator 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 uUse [Law. If the Adminlqtmlor determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the Admini.qtrator may not issue a charge and shall immediately refer the matter to the City Attorney for appropriate action. Sec. 24-50 Dismissal (a) If the Admini-qtrator determines that no reasonable cause exists to believe that a discrkninatory housing practice occurred or is about to occur: (1) the Adminigra'ator shall issue a short end plain written statement of the facts upon which the no reasonable cause determinatinn is based; (2) dismiss the Complaint: (3) notify each aggr/eved person and each respondent of the digmingal and make public disclosure of the dismissal: unless (4) the conmlainent or reslgorwlmat makeg a request that no public disclosure of/he dismissal be made. Sec. 24-51 Pending c-Civil ~Trial. Sec. 24-52 Election ofj_Judiclal dD~etermination. (c) The person making the election shall give notice to the Commi~ion through the Administrator and to all other complainants and respondents to whom the charge relates. Sec. 24-53 City Attorney a,A_ction ~For eEnforcemem. (a) If a timely election is made xmcler Section 24-52(Election ofiJudicial dI~e_ tg~mination), the Admini~mtor, upon review by and with the concurrence of the City Attorney, shal! file a civil action on behalf of the aggrieved person in a State District Court seeking relief under thi~ section. 64 Sec. 24-54 Admlni,,ix-.a~e hILI_earing. Sec. 24-55 Adminlgtrative penalties. (a) If the Co.m~i~ion determines at a hearing under this Section that a respondent has engaged in or is about to engage in a dia~£~mtory housing practice, the Co~,.,insion may order the approptSate relief;_: ~':.:~3 actual damageS (includin~ damages caused by hnmiliation and ~), reasonable attorney's fees, court costs, and other injunctive or equitable relief To vindicate the public interest, the Co ...... ;nsion may'assess a civ~ penalty agalnnt the respondem in aa mount that does not exceed: (1) $!0,000 $11,000 if the respondent has not been adjudged by order of the Commir.siom in any ad-,;-;~rative hearing under the Fair Housing Act. or any State or local Fair Housing Law, or in any liceusin~ or rem~tory proceeding conducted by a Federal, State or local agency or a court to have co,,~mltted a prior discriminatory housing practice; (2) Except as provided by Subsection (c) ofthig section, $25,000 $27,500 tithe respondent has been adjudged by order of the Co,mt',i.qsiom in any admini,,irative hearing under the Fair Housing Act, or any State or local Fair Housing law, or in any licensing or regulatory proceeding conducted by a Federal, State or local agency or a court to have committed one (1) other disc-timinatory homing practice during the five (5) year period ending off the date of the filing ofthi~ charge; and (3) Except as provided by Subsection (c) of this section, $59,009 $55,000 if the respondent has been adjudged by order of the Commission; in any administrative hearin~ under the Fair Housing Act, or any State or local Fair Homing law, or in any licensing or regulatory proceeding conducted by a Federal State or local agency 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 Col~,~insion order under Section 24-55(Admini~-ative penalties), does not affect a contract, sale, encumbrance, or lease that: (a) Was cor~q~i,,,,i,ated before the Co~ission 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 Fi_hal Decision 65 4 Petition for review. Any party adversely affected by a final deci.~nn nnd~ Sec. 24-55 may file a r~titioa in the al~roprime United Stated Court of Appeals for review of the decision. The petition must be filed within 30 days of the date of N~mne~ of the frnnl decision. No vetition for review. If no vetition for review is flied under subsection (a} within 45 days from the date of issuance ofthe final decision, the finding~ offae~s and final dec/sion shall be coneinsive in cormection with any vetifion for enforcemem descn~ under subsection (c) filed therea~er bv the City Attorney. and in connection w/th any petition for enforcement descn'bed under subsection (d). (c) Enforcement. Following the issuance of a final decision, the City Attorney may ~etition the av~ropriate United States Court of Av~IS for the enforcement of the final decision and for am~rom-iate tcml,,orarg relief or restralnin~ order. (d) Enforcement by others. If before the ex'nhation of 60 days f~om the date ofi~-n~ance ofthe final decision, no r~tition for review ofthe final decision has been filed, and the CRv Attorney has not sotw_l~t enforcement of the final decision as descn'hed in vamexa~h (c'~ of this section, any w~tson entitled to relief under the final decision may petition the appropriate United States Court of Appeals for the enforcement of the final decision. Sec. 24-58 Order in preceding five years. If the Commission issues an order against a respondem agx'.'::~ whom another order was issued within the preceding five (5) years ,naer Section 24-55 (Adminigtrative pl~alties), the Com-,;gsion shall send a copy of each order issued under that section to the Texas Co ...... ir. sion 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 agreemem concerning the discriminatory housing practice. (3) Additionally, relief is available to the intervenor. The Court may ,.m-am such a~vrovriate relief to any such imervening party as is authorized to be ~.m'arned to a plaintiffin a civil action. Sec. 24-64 Prevailing party. The Court in a civil action or the Commission in an administrative hearing under Section 24- 54 (Administrative hLI_earing), may award reasonable attorney's fees to the prevailing party and assess costs against the non-prevailing party. 66 Sec. 24-65~---w.T-*~'-:'~': .... v. :-*~.v.....~.. ..... !merferenee. Coercion. or Intimidation: Enforced bv Civ/l Action It shall be unlawful to coerce, imimidate, threaten or interfere with am' person in the exercise or enjoyment of; or on ar, counl of his having exemised or enjoyed, or on account of his havin~ aided or encounmed any other oerson in the exercise or eniovme~ of any rieht eranted or protected by this ordinance. Sec. 24-66 Crhuinal Penalty - Intimidation or Imerference Whomever, whether or not acting under color of law, by force or threat of force, willfully injures. intimidates or interferes with~ or atte-up~s to injure, intim;d~te or interfere with - anv oerson bemuse of his race, color, religion, sex, handicap, familial statlls, or national origin and because he is or has been selling_ purcha~qin?.~ rentin.q~ fmaneirt~ occul>vln~, or contracting or negotiating for the sale, purchase, rental~ financing or occupation of any dwelling, or applying for or participating in any service, 67 6 or~sni?stinn~ or thcility relsting to the business of sellin~ or renting dwellin~ or any uerson because he is or has been~ or in order to inrlmidate such person or any other person or any class of persons bom- Dal'ticiDatin~ withotlt di~c~4~hmtion on acagoullt of taco. color, reli~ic.a~ SeX handicap, fnmilinl ~t~ or nntln~a~ origi~ ill a/1y of the agtivities, services or~anlznfions or facilities descffbed in subsection (a) of this section or (2~ affordin~ another verson or class ofversons oovortuniW or protection so to rmrtich~ate: or (c) any citizen because he is or has been. or in order to discourage such citizen or any other citizen from lawfully aldin~, or enco,rra~in~, other versons to pm'tic'rmate' withoot disclq,-i-ation on accolmt of taco. color, reliffioll. Sex. handicap, fnmilial ~am~. or national ork:,~n_ in ~ of the activities, Services, or~ani~atlnns or faciliti~g descn'be~_ in subsection (a'~ of this section, or vartielnafim, lawfixllv in speech or peacefifl assembly ouuosing any denial of the oppommitv to so uartiei?te - (d) An offense under this Section is a Class A Misdemeanor. Sec. ?. 5~ 24-67 thru 24-79. Reserved SECTION 2. Penalties for violation of Chapter 24 are modified as provided herein. 68 7 8 ORDINANCE STATUS AGENDA ITEM: 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 Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. FIRST READING: January 25,2000 Passed:9-0 FINAL READING: February 8, 2000 COMMENTS: 69 CITY COUNCIL AGENDA MEMORANDUM January 20, 2000 Subject~. 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. Requested council Action: First Reading. Approval of Zoning Ordinance text amendment by revising Article 3. Definitions, Article 15. "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 (1/19/00): Approval as proposed. Planning Commission's Recommendation (1/19/00): 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 experie, ,ce 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. 7o 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 aB-3' and "B-4" Business Districts allow for all types of commercial and service activities in a high-densiW 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 2C~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, s~ff 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 abiliW to accommodate its patrons, especially during peak seasons (Thanksgiving, Christmas, etc.) 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. ¢on¢l-$ion: 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. W. Thomas U~er Assistant City Manager Michael Gunning Director of Planning FGM:Iw A~achments: 1) Farmers Market Ordinances (Staff & Planning Commission) 2) Texas Department of Agriculture Certification Standards 3) Survey of Farmers Market Uses in Texas 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 BUSINESS DISTRICTS AND B-4 GENERAL BUSINESS DISTRICTS; AMENDING TH~ 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 xegorts 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 amendmem would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 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. I and 3-I .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" incl.de-~ 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 vegetables in a farmers market retail sales area as an accessory use to a shopping center. ATTACHMENT 1 H:'~LEG-DI R~VERONICA\DDCURTI~MYDOCS~000\P&ZORD00\DOYLEOFARM£RS3.DOC 72 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 requirements: The farmers market must be certified by the Texas Department of Agriculture; must not sell anything except fresh fruits and vegetables; must not conduct any proceFsing for individual portion service; and must comply with all local, state, and federal laws and regulations. The farmers market retail sales area shall not encroach upon minimum yards, minin!um parking.area, or fire lanes; The farmers market retail sales area shall be considered as retail sales floor area for purp.oses of calculating parking, loading, open space, and floor area factors but not for determining street yard. The farmers market retail sales area must be within a permanent roofed structure that does not have any walls. 5) Permanent rest room facilities for employees and customers shall be provided in the shopping center to which the farmers market is an accessory. 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: "(27) Farmers market retail sales area as accessory use to shopping center." H:\LEG.DIR~VERONICA\DDC U RTIS\M YDOCSL2000\P&ZOR~\DOYLEC~FARM ERS3 .DOC 3 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section -1-$1_~_~6-2(27) to read as follows: "ARTICLE 16. B-4 GENERAL BUSINESS DISTRICT REGULATIONS "Section 16-2 purposes: -(27) Use Regulations. A building or premises shall be used only for the following Farmers market retail sales area as accessory use to shoppin~ center." SECTION 4. That the official Zonin~ Map of the City of Corpus 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 Augnst, 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 mason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\L£G-DI R\VERONICA\DDCU RTIS\MYDOCS~2000\PS~ZORD00\DOYLEC~FARaMERS3.DOC 74 4 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2000, by the following vote: Rex A. Kirmison Betty Jean Longofia John Longoria Mark Scott That the foregoing ord'mance was read for the second time and passed finally on this the ~ day of Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the ~ ATTEST: ,2000 by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. Armando Chapa City Secretary APPROVED January 13, 2000: James R.~Bray, Jr.,,City Attorney Doyle. Curtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H ALEG.DIRXV ERONICA\DDCURTIS\MYDOCS~2000\P&ZORI~0~\DOYLECXFARM ERS3.DOC 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 repons 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 CItRISTI, TEXAS: SECTION 1o That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by amendine 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 "stmcttire;" 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 vegetables in a farmers market retail sales area as an accessory use to a shopping center. H:'xLEG-DI R\VERONICA\DDCURTIS\MYDOCSk2000\P&ZORDO0\DOYLEC~FAg ' 76 Attachment No. 1 "3-1.24.2 Farmers Market Retail Sales Area. An unenclosed area used exclusively as a retail sales use for a farine, rs market. Where allowed, a farmers market retail sales area must meet the following requirements: The farmers market must be certified bv the Texas Department of Agriculture; must not sell anything except fresh fruits and vegetables; must not conduct any processing for indiVidual portion service; and must comply with all local, state, and federal laws and regulations. The farmers market retail sales area shall not encroach upon minimum yards, minimum parking area, or fire lanes; The farmers market retail sales area shall be considered as retail sales floor area for purposes of calculatln~ ~ loading, open space, and floor area factors but not for determining street yard. The farmers market retail sales area must be within a permanent roofed structure that does not have any walls. Permanent rest room facilities for employees and customers shall be provided in the shopping center to which the farmers market is an accessory. 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: "(27) Farmers market retail sales area as accessory use to shopping center." H:'~LEG.DIR\VERONICA\DDCURTIS\MYDOCS~000~P&ZOR.~O'~DOYLEO. FARMERS3.DOC 3 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section -1-5 1~_~6-2(27) to read as follows: "ARTICLE 16. B4 GENERAL BUSINESS DISTRICT REGULATIONS "Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: "(27) Farmers market retail sales area as accessory use to shoppin~ center." SECTION 4. That the official Zoning Map of the City of Corpus Christi, Texas. is amended to reflect the amendments to the Zoning Ordinance made by 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 tiffs 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 pan 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 ora court of competent jttrisdiction, 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 fome 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 Charier of the City of Corpus Christi. H:~LEG-DIR\VERONICA~DDCURTIS~MYDOCS~2000\P~ZORD00\DOYLEC~AR.MERS3.DOC 78 TX AGRIC § 15.001, Dcf'mitiom *437 V.T.C.A., Agriculture Code § 15.001 Page VERNON'S TEXAS STATUTES AND CODES ANNOTATED ~RICULTURE CODE TITLE 2. DEPARTMENT OF AGRICULTURE CHAPTER 15. FARMERS MARKET NUTRITION PROGRAMS SUBCHAPTER A. PROGRAM ADMINISTERED BY TEXAS DEPARTMENT OF I~E. ALTH 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 farmers that are ~ uoder the d~l~market ce_rtification pro~'am Offer ?r~ch,~ for retail sal~ (2) "Pood coupon" means any redemptive coupon issued b~' the Texas Department of Health under this subchapter that is exchangeable only for produce at a farmers market. ~) "Produce" means fi'esh fruits or vegetables.~ (4) "W.I.C. program" means the federal special supplemental food program for women, infants, and children [FNI] administered by the Texas Department of Health. CREDrr(s) 1995 Main Volume ,4dded by .4ctr 1989, 71st Leg.. ch. 1191, ~ 1, eft. Aug, 28, 1989. [F'NI] Sce42 USCA § 1786. <General Materials (GM) - References, Annotations, or Tables> Copyright (c) West Group 1999 No claim tO origil~l U.S. Govt. works 79 ATTACHMENT 2 Page l of [ 4 TAC § 17.73 Tex. Admin. Code tit. 4, § 17.73 TEXT TEXAS ADMINISTRATIVE CODE TITLE 4. AGRICULTURE PART I. TEXAS DEPARTMENT OF AGRICULTURE CHAPTER 17. MARKETING AND DEVELOPMENT DIVISION ~SUBCHAPTER D. CERTIFICATION OF FARMERS MARKET'~ Cu~ent through De~ember 31, 1998. § 17.73. Eligibility Requirements A ~.farmers market~' is eligible for certification if: (I) a completed ~. farmers market.~ application form is submitted; (2) the applicant has filed annually with the Texas Deparm~ent of Agriculture at the stata headquarters office in Ansti~ a copy of the ~'thrmers market.~ association bylaws, a list of the members of the governing body, a list of the association members, identifying those members that are ~'facmers~' selling their own produce, a description of the 'a, market'~ location, and the seasons, days, and hours of operation; 0) the ~.farmers market'~ associ~on bylaws require tha~ a ceftin percentage of all agricultmal products sold through the ,~.farmers market'~ are grown in Texas; (4) the ,~f,q rm ers ma rket.~ association bylaws require that a certain number, at least two or more, of its members are ~.farmers~' selling their own produce; and (5) the *farmers market.~ association bylaws require that all agricultural products sold at the '~market'~ shall be of merchantable quality. Source: The prov/sions of this ~ 17.73 adopted to be effective Apr/l 3, 1989, 14 TexReg 1457; emended to be effective Mz~h 21, 1996, 21 TexReg 2072. <General Materials (GM) - References, Annotations, or Tables..'~ R~-~RENCES - Cross References: This Section cited la 4 TAC ~ 17,72, (relating to Application Process); 4 TAC .~ 17.74, (relating to Withdrawal of Certification). 4 TXADC § 17.73 END OF DOCUMENT Copt. (C) West 1999 No Claim to Orig. U.S. Govt.. Works .../default. wI&RL T=CLID %5 F Q R YRL T 5192 710&D B=TX%2D,~ 80 ATTACHMENT 2 RESULTS OF TEXAS CITIES' SURVEY FARMERS MARKET USE JANUARY 2000 AUStin: · Unenclosed/enclosed farmers market allowed in heaw 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. El 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 more) 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:WORD\FARMSUR) 81 ATTACHMENT 3 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 8, 2000) Case No. 0100-01~ Roy Smith & W. M. Bevlv: A change of zoning from an "AB" Professional Office District to a "B-Zl" General Business District on Kings Square Addition, being the north 2.36 acres out of Lot 7A, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way. Planning Commission and Staff's Recommendation: Approval.of the "B-4" District. Requested Council Action: Approval of the "B-4" District and adoption of the attached ordinance. Purpose of Request: For Regional Transportation Authority terminal. Summary: The applicant has requested a change of zoning to a "B.4" General Business District in order to develop the subject property with a transfer station for the Regional Transit Authority (RTA). As a governmental facility, a minimum of a "B-3" Business or "B~4" District is required. This transfer station will operate similarly to stations located at Staples Street and Port]Ayers. Access to the subject property will be from a collector street, McArdle Road, which also serves as an access point for the shopping mall located across the street from the subject property. It is proposed that the buses would enter the subject property, turn around, exit, and head east to S. Staples Street. Bases will not be traveling west on McArdle Road. The requested "B-4" District is an expansion of the adjacent "B-4" District to the north and south. This "B-4" District continues north and south along S. Staples Street and east and west along South Padre Island Drive, which is one block south of the subject property. Permitted "B-4" District ases would not adversely impact the area, especially since the majority of the surcounding area is already zoned a "B-4" District. The Southeast Area Development Plan adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Applicant's Position: The applicant concurs with Staffand Planning Commission's recommendation. Notification: Prior to the date of this memorandum, six (6) notices were mailed to the property owners within a 200-foot radius, of which one (I) was returned in favor and none were returned in opposition. l~Iichael N. Gunning, AICP Director of Planning ~ MG/MS/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Pages I0-11 4) Ordinance Pages 12-14 H:\PLN-DIR~ERMA\WORD~AGENDMEM~010001 AG.DOC 83 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Descriptlon/Location: 0100-01 January 5, 2000 91-9 Roy Smith and W. M. Bevly Kings Square Addition, being the north 2.36 acres out of Lot 7A, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way. 2.36 acres 2.36 acres "AB" Professional Office District "B-4" General Business District Undeveloped. For Regional Transporlafion Authority terminal. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Ad|acent Zoning: North, South - "B4" General Business District East, West - "AB" Professional Office District Adiacent Land Use: North - Undeveloped land. South - (across McArdle Road) Regional mall. East - Parking lot. West - Apartments. 84 Zoning Report Case No. 0100-01 (Roy Smith and W. M. Bevly) Page 2 Number of Residential Units Allowed: "AB" - 85 units (36.30 dwelling units per acre) "B-4" - 85 units (36.30 dwelling units per acre) Estimated Traffic Generation: Bus transfer station is not addressed in ITE's Trip Generation M~nuai. Adiacent Streets/Classification: a) McArdle Road - arterial Right-of-Way Design Current: a) 80-foot right-of-way with a 62-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. ~veekdav, non-directional): a) 10,020 vehicles per day. Zoning History of Property: There has been no rez0ning activity, within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity in the area within the past five (5) years. Zoning Inventory: The subject property is part of a 6.60-acre tract of land zoned an "AB" District of which 1/3 is developed with apartments and another 1/3 is developed as a parking lot. To the north and south of the subject property, there are over 500 acres of land zoned a "B-4" District that are predominantly developed with general commercial uses (shopping center). West of the "AB" District, the area is zoned a "R-1 B" District and is predominantly developed with single-family residences buffered by a park along Holmes Drive. 85 Zon/ng Report Case No. 0100-0I (Roy Smith and W. M. Bevly) Page 3 Planning Staff Analysis: General Characteristics and Back~round: The applicant has requested a change of zoning to a "B-4" General Business District in order to develop the subject property with a transfer station for the Regional Transit Authority (RTA). As a government facility, a minimum of a "B-3" Business or "B-4" District is required. This transfer station will operate similarly to stations located at Staples Street and Port/Ayers. Access to the subject property will be from a collector street, McArdle Road, which also serves as an access point for the shopping mall located across the street from the subject property. The requested "B4" District is an expansion of the adjacent "B-4" District to the north and south. This "B4" District continues north and south along S. Staples Street and east and west along South Padre Island Drive, which is one block south of the subject property. Permitted "B4" District uses would not adversely impact the area, especially since the majority of the surrounding area is already zoned a "B-4" District. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can support the requested "B4" Distr/ct. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with general commemial uses. The requested "B4" District is consistent with the Plan's adopted future land use map. Potential Housine Density: Both the "AB" and "B-4" Districts permit a density of 36.30 dwelling units per acre or 85 dwelling units on the subject property. The change in zoning will not affect the allowable residential development. Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-4" Districts require a front yard setback of not less than twenty (20) feet, with side and rear yard setbacks often (10) feet each in the "AB" District. There are no side or rear yard setbacks required in the "B-4" District unless adjacent to a residential district where a setback often (I0) feet would be required. An "AB" District limits building height to 45 feet not to exceed three (3) stories. The "B4" District does not have any height limitations. Si~naee: An "AB" District permits one wall sign not to exceed an area of twenty (20) square feet. With Planning Commission approval, a freestanding sign with a height of 15 feet may be permitted in lieu of the wall sign. The "B-4" District permits unlimited wall and freestanding signs when located behind the front yard setback. Freestanding signs within the front yard setback are limited to one sign per street frontage with an area of forty (40) square feet and a height of 25 feet. Traffic: The proposed bus transfer station will have direct access to an arterial without traversing a residential area. Most of the buses accessing the site would be coming from the east, S. Staples Street. Therefore, the proposed bus transfer station would adversely impact the surrounding area. 86 Zoning Repor~ Case No. 0100-01 (Roy Smith and W. M. Bevly) Page 4 Parking/Screening: Since the proposed use is a bus transfer station, off-street parking is not required. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. Since the subject property does not have any residential adjacency, a screening fence will not be required. Pros: a) b) c) Cons: a) None. Staff Recommendation: Attachments: Costs to City: All of the infrastructure, including streets, required to serve the propose use is in place and no costs to the City are anticipated. Plat'tine: The subject property is part of a larger tract of land that is platted and further replatting is not required. (Ideas in support of the request.) The requested "B-4" District is an expansion of the adjacent "B-4" District to the north and south. The requested "B-4" District and proposed use are consistent with the adopted Southeast Area Development Plan. The bus transfer station will provide improved accessibility and safety to the bus-riders. (Ideas in support of maintaining the current zoning.) Approval. Zoning and Ownership Map Ownership List Southeast Area Location Map H:\PLN-DI R~ERMA\WORDW. ONRPTS\010001 RE.DOC 87 R-1 B R tB / AB r / PADRE '~B-~ R-1 B/ K I NG QUARE / ECi iARCEL \ STAPLES/MALL / AB// / · - Property O~vner in Favor X Property Osvner Opposed See Comments on Page(s) q Dec 27, 1999 - RP 0 CASE ZOIO0-O1 )o 88 Subject property I~ O, mers within 200 feet listed on ottoched o~n~ership f V "4157 -AHOY S111'P11& W. M. BEVLY CITY OF CORP"" CHRISTI RAMI:Y DE.0E CASE NU. J..aI 5488 SPI.D 78411 LISTL TONING DI �MEN ( 111 ACCOMF THE LABELS 5866 S. W'3"_984�gI �,�,GF: 9' AUDIT 1RAfL ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP 1 1 393400000020 FORD LEASING DEV CO ONE PARKLANE BLVD STE 18200 I H 10 WEST STEDEARBORN KING SQUARE ADD LIS 2AR & 6 MI 46126 I Z,I 393400000030 LAS VEGAS TRAIL THEATRE% UNITED ARTIST THEATREP 0 BOX 5227 ENGLEWOOD KING SQUARE ADO LT 3 CO 80155 I .I 393400000040 ODOM JIM ET UX SANDRA 4235 CHARCO RD HCR 8 BOX 173- BEEVILLE KING SQUARE ADD LT 4 TX 78102 - --- 1-1 393400000050 DEER LAKE -LTD-- 4571-S STAPLES ST---. - -- --- CORPUS -CHRISTI" F LEROY SAN MIGUEL MAINTENAIICE DEPT. CORPUS C13RISTI I.S.D. P. 0. DRAWER 110 78403 KING SQUARE ADD LT 5 TX 78411 15PI 393400000069 SMITH ROY P 0 BOX 8149 CORPUS CHRISTI KING SQUARE ADD UNOIV/2 INT IN LT 7-A TX 78468 ISPI 393400000070 BEVLY W M 5488 PADRE STAPLES MALL CORPUS CHRISTI KING SQUARE ADD UNDIV/2 INT IN LT 7-A TX 78411 1 -1 393400000072 CITY OF CORPUS CHRISTI P 0 BOX 9277 - - 3701 AYERS-- --- CORPUS CHRISTI KING SQUARE ADD .535 AC OUT OF LT 7-A TX 78469 141 393400000080 PREIS PROPERTIES INC 5804 AYERS 5222 MCARDLE APT 5 CORPUS CHRISTI KING SQUARE ADO LT 8-A TX 78415 1,5'1 626000000010 SMITH ROY PADRE STAPLES MALL 5542 PADRE ISLAND DRCORPUS CHRISTI PADRE STAPLES MALL UNDIV/2 INT IN 38.22 ACS OUT OF LT 1-A BK 1 TX 78411 I(OI 626000000011 BEVLY W M 5542 PADRE ISLAND OR S CORPUS CHRISTI PADRE STAPLES MALL UNDIV/2 INT IN 38.22 ACS OUT OF LT 1-A BK 1 TX 784111 (3) 393400000069 Smith Roy see (SP) for legal 0070 Bev1v N.M. (5) 626000000020 Smith Roy and Bevly W.M. 5256 S. Staples Ste. 325 Corpus Christi Plaza Staples Mall Lt 2-A BK I TX 78411 LEROY SAN MIGUEL MAINTENAIICE DEPT. CORPUS C13RISTI I.S.D. P. 0. DRAWER 110 78403 0 i 0 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0100-01 Roy Smith & W. M. Bevly Favor Opposed (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: (4) Preis Properties, Inc., 5804 Ayers St. No written comment. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:kPLN-DIR~ERMA\WOR. D\COMM DATA\010001 CO. DOC q Planning Commission Minutes January 5. 2000 Roy Smith and W. M. Bevly: 0100-01 Chairman Guzmfln abstained from participation of the zoning case and left the room. REUQEST: "AB" Professional Office District to "B-4" General Business District on Kings Square Addition. being the north 2.36 acres out of Lot 7A and located on the north side of McArdle Road, approximately 400 feet west of Shopping Way Mr. Payne presented a slide illustration of the subject property, and the surrounding area. The surrounding area to the north and south is zoned "B-4" General Business District and developed with a regional mall. A portion has not been developed. The surrounding area to the east and west is zoned "AB" Professional Office District and developed with a parking lot and apartments. Mr. Payne stated that the applicant requested a change of zoning to develop the subject property with a transfer station for the Regional Transit Authority (RTA). A "B-3" Business District or "B4" Business District is required for a governmental building or facility. The transfer station will operate similarly to stations located at Staples Street and Port/Ayers Street. Access to the subject property will be from an medal street, McArdle Road, which also serves as an access point for the shopping mall located across the street from the subject property. The requested "B-4" District is an expansion of the adjacent "B4" Disu'ict to the north and south. Permitted "B-4" District uses would not adversely impact the area, especially since the majority of the surrounding area is already zoned a "B-4" District. The subject property is within the Southeast Area Development Plan which recommends the area to develop with general commercial uses. Mr. Payne read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staffrecommends approval of the requested zoning change. Vice Chairman Noyola opened the public hearing. Ramey Beene, representative for the applicant, stated that the applicants were in favor of the rezoning request. Linda Watson, RTA representative, 5658 Bear Lane, answered Commissioner Sween-McGloin's question regarding construction on the property by stating that a consultant was hired to review the site. The consultant produced a rendering of the property, however, the rendering did not provide details of the end result of the properly. Ms. Watson informed the Commission that the RTA will be receiving bids from designer and engineers in the near future and the facility wilI be similar to the Staples Street Station. The construction of the facility on the subject property will remove two bus stops between McArdle and South Padre Island Drive. In response to the Commission, Ms. Watson stated that the station will provide transportation for approximately 2,000 passengers per day. There are seven (7) bus mutes that service the area of which 19% of the passengers will transfer due to shopping or jobs. Public hearing was closed. Commissioner Berlanga expressed concern with the maintenance of the roads that the buses travel on a daily basis. Commissioner Underbrink expressed concern over the location of the transfer station across the street from Padre Staples Mall. He expressed concerns regarding the safety of pedestrians crossing McArdle at a mid-block location. Commissioner Mims expressed similar concerns with the increase in pedestrian crossing McArdle and suggested that a traffic signal at the site would be located too closed to the signal at Shopper's Way Drive. Motion by Sween-McGloin, seconded by Berlanga, m reopen the public hearing. Motion passed unanimously. 92 /0 Planning Commission Minutes January 5. 2000 Case No. 0100-01 Page 2 Ms. Watson responded to Commissioner Berlanga's concern by stating that the RTA is concerned with the damage to the city streets and that the RTA gave the city. $1 million per year and increased the amount by $500,000 and places bus pads at the bus stops. Commissioner Richter expressed concern with the bus traffic increasing in the area to which Ms. Watson stated that there wouid not be additional bus traffic but there would be different routes. Public hearing was closed. Motion by Mims, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Guzmfin abstaining. 93 /I AND STAFF'S RECOMMENDATION APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROY SMITH AND W. M. BEVLY, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.36 ACRES OUT OF LOT 7A, KINGS SQUARE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. Vvl-IEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Roy Smith and W. M. Bevly, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; V~rlEREAS, with proper notice to the public, public hearings were held on Wednesday, January. 5, 2000, during a meeting of the Planning Commission, and on Tuesday, February 8, 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 of 2.36 acres out of Lot 7A, Kings Square Addition, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way, from "AB" Professional Office District to "B-4" General Business 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 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H;\LEG-DIR\VERONICA[DDCURTIS\MYDOCS~2OOO\P&ZORDOO\DOYLEC~ZOIOOOIA.DOC 94 2 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City. of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1)finds and declares an emergency due to the need for immediate action necessao.' for the efficient and effective administration of City affairs and (2) suspends the Charter role as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 82 day of February, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED January 26, 2000: James R. ]3.ray, Jr., CiIy Atto~mey ~ By: ~ff_~ff~ &ff~_-~ Doyle l~urtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:kLEG-DIR\VERONICA\DDCU RTIS\MYDOCS~2000\P&ZOILD00\DOYLEC~Z01000 [ A. DOC 95 METES AND BOUNDS CASE NO. 0100-01 (Roy Smith & W. M. Bevly) BEGINNING at the southeast comer of subject property line on McArdle and continuing a distance of 342.68 feet, then north along property line a distance of approximately 300 feet, then west a distance of 342.6g feet, and then south a distance of approximately 300 feet to the BEGINNING POINT. H:\PLN-DIR~ERMA\WORD\COMMDATA\OIO01 M&B.DOC AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 8, 2000) Case No. 0100-02, The Joslin Partnership: A change of zoning from an "R-lB" One-family Dwelling Distyict to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.495 acres out of Lots 6 and 7, located on the northwest corner of South Padre Island Drive and Ennis Joslin Road. Planning Commission and Staff's Recommendation: Approval'0fthe "B-4" District. Requested Council Action: Approval of the "B-4" District and adoption of the alt,ached ordinance. Purpose of Request: For restaurant]convenience store/fuel sales. Summary: The applicant has requested a change of zoning to a "B-4" General Business District in order to develop the subject property with a convenience store with fuel sales and a fast-food restaurant. This proposed development is consistent with the development pattern occurring at the intersection of an expressway and an arterial, similar to the development located across Ennis Joslin Road to the east. Access to the subject property would be from an arterial, Ennis Joslin Road, and an expressway, South Padre Island Drive, frontage road. Traffic will not be traversing a residential area to reach the subject property. Approval of the requested "B-4" Distyict would be an expansion o£the adjacent "B-4" District to the east. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. As requested, the "B-4" District is consistent with the Plan's recommended land use. Applicant's Position: The applicant concurs with Staffand Planning Commission's recommendation. Notification: Prior to the date of this memorandum, eight (8) notices were mailed to the property owners within a 200-£oot radius, of which one (1) was returned in £avor and none were returned in opposition. The applicant/ownar &the subject property also submitted a letter in favor. Michael N. Gunning, AICP / Director of Planning ~ MG/MS/er Attachments: 1) Zoning Report Pages 2-9 2) Comments Received Page 10 3) Planning Commission Minutes Page l 1 4) Ordinance Pages 12-14 H:\PLN-DIR~EP~MA\WOP, D~AGENDMEM~010002AG.DOC 97 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0100-02 January 5, 2000 102-1 The Joslin Parmership Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being i .495 acres out of Lots 6 and 7, located on the northwest comer of South Padre Island Drive and Ennis Joslin Road. 1.495 acres Same as above. "R-I B" One-family Dwelling District "B4" General Business District Undeveloped. Restaurant/convenience store/fuel sales. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North - "A-2" Apartment House District South - "B-4" General Business District East -"B-4" General Business District West - "R-lB" One-family Dwelling District Adiacent Land Use: North - (across Ennis Joslin Road) Apartments. South - (across South Padre Island Drive) Undeveloped land. East - (across Ennis Joslin Road) Convenience store with fueling. West - Undeveloped land. 98 Z Zoning Report Case No. 0100-02 (T~e Joslin Partnership) Page 2 Number of Residential Units Allowed: "R-lB" - 10 units (7.26 dwelling units per acre) "B-4" - 54 units (36.30 dwelling units per acre) Estimated Traffic Generation: Convenience store with gasoline pumps - 71.45 average weekday vehicle trip ends per 1,000 square feet of gross floor area (A.M. Peak Hour) x 3,500 square feet of gross floor area = 250 average weekday vehicle trip ends (A.M. Peak Hour). Adiacent Streets/Classification: a) South Padre Island Drive - expressway b) Ennis Joslin Road - arterial Right-of-Way Design Current: a) Variable fight-of-way and pavement width. b) 80-foot right-of-way with a 27-foot wide rural paved section. Planned: a) Same as current. b) 90ofoot right-of-way with a 66-foot back-to-back paved section. 1996 Traffic Count (24-hour, weekday, non-directional): a) 13,340 vehicles per day (at Rodd Field Road). b) 13,150 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In March 1996, the property south of South Padre Island Drive, along the east side of Lexington Road and southwest of the subject property, was granted a change of zoning from "R-IB" District to "A-1" District for apartment development. 99 Zoning Report Case No. 0100-02 (The Joslin Partnership) Page 3 In December 1996, Lots 2, 3, 4, and 5, located on the north side of South Padre Island Drive and on the east side of Ennis Joslin Road and east of the subject property, were granted a change of zoning from "R-IB" District to "A-2" District on Lot 2 for aparanents and "B4" District on Lots 3, 4 and 5 for commercial development. Zoning Inventor~: The subject property is part of an area zoned a "R-IB" District containing 3,220 acres of which a major portion is in the Cayo Del Oso. The remaining portion remains undeveloped. Adjacent to the south and east, there are approximately 100 acres of land zoned a "B-4" District that extends along both sides of South Padre Island Drive. This "B4" DisU'ict remains predominantly undeveloped with the exception of a convenience store to the east and a bait shop and boat sales to the west. Further west of the subject property, there is an 18.85-acre tract of land zoned an "A-2" District and developed with apartments. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning to a "B-4" General Business District in order to develop the subject property with a convenience store with fuel sales and a fast-food restaurant. This proposed development is consistent with the development pattern occurring at the intersection of an exj~ressway and an arterial, similar to the development located across Eunis Joslin Road to the east. Access to the subject property would be from an arterial, Ennis Joslin Road, and an expressway, South Padre Island Drive, frontage road. Traffic will not be traversing a residential area to reach the subject property. Approval of the requested "B4" District would be an expansion of the adjacent "B-4" District to the east. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B4" District and proposed use are consistent with the Plan's recommended land use. Potential Housing Density: A "R-lB" District permits a density of 7.26 dwelling units per acre or ten (10) units on the subject property. The "B4" District permits a density of 36.30 dwelling Units per acre or 54 units on the subject property. With direct access to an arterial and a freeway, the increased in density will not adversely impact the surrounding area. Height/Bulk/Setbacks/Etc.: A "R-lB" District requires a fi.om yard setback of 25 feet with a side and rear yard setback of five (5) feet each. The "B-4" District requires a front yard setback of twenty (20) feet with no side or rear yard setback required un/ess adjacent to a residential district where a setback often (10) feet would be required. Since the subject lOO Zoning Report Case No. 0100-02 (The Joslin Parmership) Page 4 property abuts a residential district along its west boundary, a setback often (10) feet will be required along boundary line. Buildings in a "R-lB" District are limited to 35 feet not to exceed three (3) stories. There are no building height limitations in the "B4" District. Signage: Signs in the "R-lB" District are limited to one wall sign not to exceed an area of one square foot. The "B-4" District permits unlimited wall and freestanding signs when located behind the front yard setback. Freestanding signs'within the front yard setback are limited to one sign per street frontage with an area of forty (40) square feet and a height of 25 feet. Traffic: The proposed convenience store with fueling pumps and fast-food restaurant would generate approximately 250 daily trip ends during the morning peak hour. This traffic would be accessing an arterial, Ennis Joslin Road which is carrying 13,150 vehicles per day, and an expressway, South Padre Island Drive. Therefore, the potential increase in traffic would not adversely impact the area. Parking/Screening: A convenience store is required to provide off-street parking at a rate of one parking space for each 200 square feet of floor area. The restaurant is required to provide one parking space for 100 square feet of gross floor area. Compliance with the parking regulations will be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. Since the subject property has residential adjacency, a screening fence will be required along the west property line. Costs to City: Water and wastewater services are available to serve the needs of the subject property. Ennis Joslin Road is not improved to its ultimate pavement width. The improvement of Ennis Joslin Road will be for the most the responsibility of the City. Platting: The subject property, is a portion of a larger lot and the property must be platted before a building permit can be issued. A plat has been submitted to the City for review and approval. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial and an expressway. b) The requested "B-4" District would be an extension of the adjacent "B--4" District to the south and east. c) The requested "B-4" District is consistent with the adopted Southeast Area Development Plan's recommended land use. Cons: (Ideas in support of maintaining the current zoning.) a) None. 101 Zoaiag Repox~ Case No. 0100-02 (The Joslin Partnership) Page 5 Staff Recommendation: Attachments: Approval. Zoning and Ownership Map Ownership List Southeast Area Location Map H:~PLN-DIRLEILMA\WORD~ZON RPTS\010002 RE.DOC ~ JOSL t N TRACT ', ~ R--1 B ' c.. JOSLIN TRACTS R--1B B-4 JOSLIN TRACT R-1 B / / 1 / / ~ ! / A--2 R--1 B R-1 B SUBJECT PARCEL \ A--1 A--2 B-4 B-4 A--2 · - Property Owner in Favor A-2 X Property Owner Opposed See Comments on Page(s) /~ Dec 27, 1999 - RP ~0 CASE Z0100-02 103 Subject property [--~ 0~mer$ within 200 feet listed on attached o~mership list ? '+U157 -A THE JOSLIN PARTNERSHIP CITY OF CORP"' CHRISTI THE CLOWER COMPANY CASE Hit 70100-02 635 WILSON PLAZA NORTH PLANNING DE TMENT LIST TO ACCOMP. THE LABELS I'. 0. BOX 6762 78 WE: 12 20 `f6E: 2 9 CORPUS CHRISTI, TX 78476 AUDIT TRAIL ACCOUNT NAME ADDRESS LINEI ADDRESS LINE2 CITY/ST ZIP 1$QI 247600280050 JOSLIN PARTNERSHIP LTD 635 WILSON PLAZA NORTH CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TRACT 37.7726 ACS OUT LTS 4, 5 & 6 SEC 28 TX 78401 I� 1247600280090 SMITH ROY BOX 8149 CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/2 INT IN 170.226 ACS OUT OF LTS 9 10 11 & 22 THRU 27 SEC 28 TX 78468 I ZI 247600280092 MUSS PAT & CHRIS BROWN BOX 8229 CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/2 INT IN 170.226 ACS OUT OF LTS 9 10 11 & 22 THRU 27 SEC 28 TX 78412 ---- I- I -247600280095 VASTAR RESOURCES INC ATTN:PROPERTY- TAX -DEPT- P 0 BOX 219273- HOUSTON - FLOUR BLUFF & ENC FRM GDN TRACT 2.2 ACS OUT OF LT 25 SEC 28 TX 77218 1 =.1 383100010010 DRM FUNDING INC C/O DIAMOND SHAMROCK BIP 0 BOX 696000 SAN ANTONIO JOSLIN TRACTS LT 1 BLK 1 TX 76269 IL\I 383100010020 BAYPOINT LTD 1250 NE LOOP 410, STE 6 SAN ANTONIO JOSLIN TRACIS LT 2 BLK 1 TX 78209 IC, 1383100010030 CALLAWAY DEVELOPMENT C01250 NE LOOP 410, STE 8 SAN ANTONIO JOSLIN TRACTS LT 3 BLK 1 TX 78209 0 a (6) 247600280094 CITY OF CORPUS CHRISTI FLOUR BLUFF & ENC FRM GDN TR .574 AC OUT OF. LT 10 SEC 28 YEYAS JEPARTMENT OF TRA14SPORTATION (7) SO. PADRE ISLAND DR= ENNIS JOSLIN RD (ROW) 1701 S. PADRE ISLAND DR. 78416 (8) 247600280050 JOSLIN PARTNERSHIP LTD REMAINING PORTION OF 16 SP SEE THE (SP) FOR LEGAL DESCRIPTION LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. 0. DFA14ER 110 78403 n.. AT, MORALES, PRESIDENT SOUTHBAY HARBOR NEIGHBORHOOD ASSN 1014 HARBOR LIGHTS 78412 JERRY 14AGNER SOUTIIBAY HARBOR NEIGHBORHOOD ASSN. 1018 HARBOR LIGHTS 78412 ■ ~I~B e 105 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0100-02 The Joslin Partnership · Favor X Opposed (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: 4) Page Callaway, Vice President, Callaway Development "Proper zoning for comer. Retail and services are needed in area." Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Joslin Partnership Limited. c/o Tim Clower (Applicant/Owner), P. O. Box 6762 No written comment. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMM DATA\010002CO.DOC 106 /~ Planning Commission Minutes January 5, 2000 The Joslin Partnership: 0100-02 REQUEST: "R-lB" One-family Dwelling District to "B-4" General Business Dislrict on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.495 acres out of Lots 6 and 7 located on the northwest corner of South Padre Island Drive and Eanis Joslin Road Mr. Payne presented a slide illastration of the subject property and its surrounding area. The area to the north is zoned "A-2" Apartment House District developed with apartments; the area to the south is zoned "B-4" District and remains undeveloped; the area to the east is zoned "B-4" District and is developed with a convenience store with fueling; and the area to the west is zoned "R- 1B" District and remains undeveloped. Mr. Payne stated that the applicant requested a change of zoning to develop the subject property with a convenience store with fuel sales and a fast-food restaurant. This proposed development is consistent with the developrnent pattern occurring at the intersection of an expressway and an medal, similar to the development located across Ennis Joslin Road to the east. Access to the subject property would be from an arterial and an expressway frontage road. Traffic will not be traversing a residential area to reach the subject property. Mr. Pa)me read the Pros and Cons contained in the staff Report (Copy on File) and stated that Staff recommends approval as submitted. Chairman Guzm~n opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Noyola, to approve Staff's recommendation. Motion passed unanimously. 107 /1 ~.~ ~INL~ L;UIVIMI$SION AND STAFF'S RECOMMENDATION APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE JOSLIN PARTNERSHIP, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.495 ACRES OUT OF LOTS 6 AND 7, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL 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 The Joslin Partnership for amendment to the zoning ordinance and zoning map of thc City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 5, 2000, during a meeting of the Planning Commission, and on Tuesday, February 8, 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 of 1.495 acres out of Lots 6 and 7, Section 28, Flour Bluffand Encinal Farm and Garden Tracts, located on the northwest comer of South Padre Island Drive and Ennis Joslin Road, from "R-1B" One-family Dwelling District to "B-4" General Business 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 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. '~CITYHALLO2\USERS\LEG-DIR\VERONICA.DDCURTIS\MYDOCS~2OOO\P&ZORDOO\DOYLEC~ZO 10002A.DOC 108 SECTION 5. That all ordinances or pans of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the Cify Council (1)finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of Cit3/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 8th day of February, 2000. ATTEST: TItE CITY OF CORPUS CHRISTI Annando Chapa City Secretary APPROVED January 26, 2000: James R. ay, Jr., C' Attgmey By: Doyle-lJfCurtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H;~.EG-DIR\VERONICA\DDC URTIS\MYDOCS~2000\P&ZORD00XIX)YLEL"kZ010002A.DOC ~09 August 25. lggg 970'ZZD,M&B State of Texas § Co~mty of Nueees § De~=rtpflon of a 65,107 square loot tract of land, mom or less, being a portion of Lots $ & 7, Sectlofl 28. I=lour Blul~ and EnctnaJ Farm and Garden Tfads, a map of which is rec~ed In Volume 'A', Pages 41 - 43, Map Reeo~. Nueees County, Texas, said 85,107 square foot tract ol land as further d~ by BEGINNIN~ at the I~lnt of intemectkm of the northeast right-ol*way line of ~ Padre I~land D~ve and lhe "cutback' right.el-way line between said northeast right.f-way h el S~lth Padre Island Drive and the we~e~ ~ight-of-way line of Ennts Joslin Road, said beginning point for the southernmost oomer of the tract herein ~ Thence N63'BO'O'I'W 200.00. along said no,heart right.o~-wey line of South Padre Island Drive to a point for the we=temm=~ o0me¢ of this tract; o~ 20'28'05", a radius nt 459.g2' and a cho~l beading -~'02'40'E 163.43': Thawce along t~e arc of said circular cuwe Io the dght. being sa~d =outhwesten~ fight-of-way line of Ennis Joslin Road, a distance of 164.30' to a point for · no~le~aady come' of this tract: Thence ~03'14'31"E 132.32' along a westerly right-et-way line of Ennts Joslin Road to a point for centm~ eastedy c~mer of this tract, m~ld point be~g In the am d a circular curve to the right having a central angle of 15'58'58', a radius of 445.70' and a ch~d bearding S08'Sg'$2'W 129.g3'; Thence along the mc nt said c~rcular cuwe to the right, being said westerly right-of-way line o! Ennls Joslin R~. e distance of 124.33' to a point for eastermm3~ an~th cemer of the tract herein deathbed; Thence along said 'cuthed~ right-of-way line bahveea said westerly right-<)l-way line of Ennl$ Joslin Road and the noflheast right-of-way line of South Padre la/nd Drive S72'15'43'W 72.3S' to the POINT OF BEGINNING, this ~ not being ba~d on an on-the-ground sun'ey. 110 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 8, 2000) Case No. 0100-03, Town Market: A change of zoning fxom an "R-2" Multiple Dwelling District to a "B-I" Neighborhood Business District on L. A. Barrett, Block 1, being the west 0.30 acre out of Lot I, located on the northeast comer of Colonial Court and Old Robstown Road. Planning Commission and Staff's Recommendation: Approvalgfthe "B-I" District. Requested Council Action: Approval of the "B-I" District and adoption of the attached ordinance. Purpose of Request: Expansion of convenience store. Summarg: The applicant has requested a change of zoning to a "B-I" Neighborhood Business District in order to expand the existing nonconforming convenience store and fuel sales use. The proposed expansion would add 1,125 square feet to the existing 1,215 square foot store. Orientation of the building is toward Old Robstown Road, an arterial The subject property is located on the southeast comer of a local street, Colonial Court, and Old Robstown Road. Multiple-family residences are adjacent to the east. A retail center, zoned a "B-4' General Business District, is adjacent to the north. West of the subject property and across Old Brownsville Road, there is an apartment complex. Further east of the subject property along Colonial Court, the area is developed predominantly with duplexes and single-family residences. Given the subject property's direct access to an arterial, and proximity of "B-4" commercial properties to the north, and the fact that the convenience store and fuel sales is already an established use, a "B-I' District would be appropriate and provide a transition between the more intense "B-4' District and the residences on the south. The Westside Area Development Plan's adopted future land use map recommends the Old Brownsville Road frontage, north of Colonial Court to develop with general commercial uses. As requested, the "B-I" District is consistent with the Plan's recommended land use. Applicant's Position: The applicant concurs with Staffand Planning Commission's recommendation. Notification: Prior to the date of this memorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. - Michael N. Gunning, AICP / Director of Planning / MG/MS/er Attachments: 1) Zoning Report Pages 2-10 2) Comments Received Page 11 3) Planning Commission Minutes Page 12 4) Ordinance Pages 13-I4 H:\PLN-DIRXERMA\WORD~AGENDMEM~010003AG.DOC 111 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0100-03 January 5, 2000 69-12 Town Market 0.30 acre (13,056 square feet) Same as above. "R-2" Multiple Dwelling District "B-I" Neighborhood Business District Convenience store with fueling. Expansion of convenience store. L. A. Barrett, Block 1, being the west 0.30 acre out of Lot 1, located on the northeast comer of Colonial Court and Old Robstown Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of ProperW: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Not applicable. Adjacent Zoning: North, West- "B-4" General Business District South - "B-I" Neighborhood Business District East - "R-2" Multiple Dwelling District Adiacent Land Use: North - Retail center South - (across Colonial Court) Undeveloped land. East - Multiple-family residential. West - (across Old Brownsville Road) Multiple-family residential. 112 ~ Zoning Report Case No. 0100-03 (Town Market) Page 2 Number of Residential Units Allowed: "R-2" - 4 units (14.52 dwelling units per acre) "B-l" - 10 units (36.30 dwelling units per acre) Estimated Traffic Generation: Convenience store with gasoline pumps - 71.45 average weekday vehicle trip ends per 1,000 square feet of gross floor area (A.M. Peak Hour) x 2,340 square feet of gross floor area = 167 average weekday vehicle trip ends (A.M. Peak Hour). Adjacent Streets/Classification: a) Old Robstown Road - arterial b) Colonial Court - local Right-of-Way Design Current: a) 60-foot right-of-way with a 38-foot back-to-back paved section. b) 50-foot right-of-way with a 16-foot rural paved section. Planned: a) 80-foot right-of-way with a 62-foot back-to-back paved section. b) 50-foot right-of-way with a 28-foot back-to-back paved section. 1996 Traffic Count (24-hour, ~veekdav, non-directional): a) 9,820 vehicles per day (at Up Pdver Road). b) None available. Zoning History of Property: There has been no rczoning activity within the past five ($) years. Recent Surrounding Zoning Cases: In November 1999, Lot I, located on thc southeast corner of Colonial Court and Old Brownsville Road and south of the subject property, was granted a change of zoning from a "R-2" District to a "B-I" District for a restaurant. 113 Zoning Report Case No. 0100-03 (Town Market) Page 3 Zoning Inventory: The subject property is part of a 6.83-acre tract of land zoned a "R-2" District that is developed with a mixture of single-family residences and duplexes. There is a 1.1 l-acre tract of land also zoned a "R-2" District and developed with a single-family residence. North of the subject property, there is an 85.08-acre tract of land zoned a "B-4" District predominantly developed with retail establishments, some multiple-family complexes and offices. West of the subject property, there are 2 tracts, of which one is a 1.97-acre tract zoned an "A-2/SP" and developed with a mobile home park. The other tract contains 2.21 acres and is developed with a parking arem Adjacent to the south of the subject property, the area is zoned a "R-lB" District and predominantly developed with single-family uses. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning to a "B-I" Neighborhood Business District in order to expand the existing nonconforming convenience store and fuel sales use. The proposed expansion would add 1,125 square feet to the existing 1,215 square foot store. Orientation of the building is toward Old Robstown Road, an arterial. This section of Old Robstown Road is currently constructed within a 50- foot and a 60-foot right-of-way with a marginal access street on the east side between Colonial Court and Kenwood Drive. The subject property is located on the southeast comer of a local street, Colonial Court, and Old Robstown Road. Multiple-family residences are adjacent to the east. A retail center, zoned a "B-4" General Business District, is adjacent to the north. West of the subject property and across Old Brownsville Road, there is an apartment complex. Further east of the subject property along Colonial Court, the area is developed predominantly with duplexes and single-family residences. Given the subject property's direct access to an arterial, and proximity of "B-4" commercial properties to the north, and the fact that the convenience store and fuel sales is already an established use, a "B-I' District would be appropriate and provide a transition between the more intense "B-4" District and the residences on the south. Conformitw to the Comprehensive Plan and Land Use Compatibility: Overall the Comprehensive Plan Elements can be supportive of the requested "B-I" District as transitional district between the "B-4" District to the north and the "R-1B" District to the south. The Westside Area Development Plan's adopted future land use map recommends the area to develop with Iow density residential south of Colonial Court and general commercial uses north of Colonial Court. The requested "B-I" District is not consistent with the Plan's recommended land use. Zoning Report Ca~e No. 0100-03 (Town Markeu Page 4 Potential Housine Density: As a "R-2" District, the subject property can develop with a density of 14.52 dwelling units per acre or 4 dwelling units. A "B-I" District permits a density of 36.30 dwelling units per acre or 10 units on the subject property. Height/Bulk/Setbacks/Etc.: An "R-2" District requires a front yard setback of twenty (20) feet and a side and rear yard setback of five (5) each for single-family and duplex uses. Multiple-family development would require a front yard s~tback of twenty (20) feet and a side and rear yard setback often (10) feet each for one story structure plus an additional five (5) feet for each additional story. The "B-I" District requires a from yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback often (10) feet would be required. Building heights in the "R-2" and "B-I" Districts are limited to three (3) stories with the "R-2" District allowing 45 feet and the "B-I" District allowing 35 feet. Development of a commercial establishment on the subject property would require a setback often (10) feet from its east property line and a setback of twenty (20) feet from its south and west property lines. Signage: A "R-2" District permits one wall sign not to exceed one square foot. Wall signs in the "B-I" District are unlimited. Freestanding signs are limited to one sign per premise with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: The existing development with its expansion could generate approximately 167 daily trip ends, morning peak hour. With Old Robstown Road carrying 9,820 vehicles per day, this increase in traffic would be minimal provided the traffic did not access Colonial Court. Colonial Court is not a fully improved roadway and should not carry commercial traffic. The existing convenience store draws traffic from the residential area to the south. Parking/Screenine: A retait establishment is required to provide one parking space for every 200 square feet of gross floor area. Proof of compliance with the parking regulations will be required before a certificate of occupancy will issued. A standard screening fence with a height of six (6) feet must be provided when a business or industrial use locates adjacent to a residential district. A screening fence will be required along the east property line of the subject property. Costs to City: Water and wastewater services are available to the subject property. If Colonial Court is improved to its planned width, participation from the City and property owner may be required. Platting: The subject property is a portion of a larger lot and Mil be required to replat before a building permit is issued. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial, Old Brownsville Road. 115 Zoning Report Case No. 01004)3 (Town Market) Page 5 b) The requested "B-I" District would act as a transitional zoning between the general commercial use to the north and the low density residential to the south. c) A "B- 1" District is consistent with the current convenience store/fuel sale use that has been well established in the neighborhood. Cons: (Ideas in support of maintaining the current zoning.) a) The subject property has direct access to a residential street that has not been fully improved. b) The requested "B-1" District is not entirely consistent with the Westside Area Development Plan's recommended land use. c) Old Brownsville Road has not been improved to a full arterial street section at this location. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List Westside Area Location Map H:\PLN-DIR\ERMA\WORDXZON R. PTS\010003 RE DOC B ~JBJ ]CT 5 ,.4 / ~,~_' , ,~___' / --~ .' - ~. .... ~ ~ ] · - Property Owner In Favor ] KENWOOD DR. X Property Owner Opposed - See Comments on Page(s) Dec 27, 1999 - RP 0 ~00 200 CASE Z0100-03 )0 Subject property ~ within 200 feet listed on attoched ownership list Owners '' ' _ ,7~-.~ ~Z.,Z 'L d, ' ~ - ~ 117 ' - - , 00 o 'RU157-A TOWt7 MARKET CITY OF CORP"- CHRISTI GERALD GARZA CASE NO.: Z0100 -I13 paTE: 12 20 9' 514 OLD ROBSTOWN ROAD PLANNING DE TMENT LIST TO ACCOMF. THE LABELS PIONEER CONST., Iil'ASE: 3 78408 AUDIT TRAIL 5959 S. STAPLES, 11104 78413 ACCOUNT NAME ADDRESS LINE1 ADDRESS LINE2 CITY/ST ZIP 1�.Pl 044500010010 KIM CHU AND MI LEE KIM 549 OLD ROBSTOWN RD 14323 INDIAN WOODS OCORPUS CHRISTI L A BARNETT LT 1 BK 1 EXC E 50' TX 78408 I� 1 044500010015 BRODHAG DANIEL J 5403 EVERHART SUITE 138209 ROLLING ACRES L A BARNETT E 5OFT OF LT 1 AND W 26FT OF LT 2 BK 1 It 1 044500010020 BRODHAG DANIEL J 209 ROLLING ACRES 3532 COLONIAL L A BARNETT E 74FT OF LT 2 BK 1 I -1 044500010030 TRAMMELL MARION LEE ET VIVIAN 504 FAIRVIEW L A BARNETT 1.1 3 BK 1 13 1 044500020010 SOLIS MARCELINO AND MAREUGENIA SOLIS 2718 CARVER L A BARNETT LT 1 BK 2 Izil 044500020020 CASTILLO DAVID C ET UX 3512 E BROADWAY ST APT L A BARNETT LT 2 BK 2 II 1044500020030 *BRODHAG DANIEL J 5403 EVERHART SUITE 138209 ROLLING ACRES L A BARNETT E 25' OF LT 3 ALL LTS 4& 5 BK 2 1 SI 044500020035 COLEMAN CHARLES E ET UX7 H U D/RM 6240 L A BARNETT W 75 FT OF LT 3 BK 2 JU 1 045000000065 SHELL BUSINESS CENTER 2829 ALVIN BARR-KEELER TRACT LT 6A 1 1 1 261700000020 MARKS HARRY L 226 WILSHIRE FREDRICK TRACT LT 2 18 1 261700000030 SPENTZOS JOHN P 0 BOX 4673 FREDRICK TRACT LT 3 ILII 261700000040 HIALCO HANDICAPPED HOUS1114 SAM RANKIN FREDRICK TRACT LTS 4 & 5 1131 346300020030 CAVAZOS ESTEVAN A ET UX466 OLD ROBSTOWN RD HILLTOP TERR LT 3 BK 2 P 0 BOX 44813 CORPUS CHRISTI TX 78410 CORPUS CHRISTI TX 78410 CORPUS CHRISTI TX 78408 CORPUS CHRISTI TX 78405 PEARLAND TX 77581 CORPUS CHRISTI TX 78410 WASHINGTON DC 20026 CORPUS CHRISTI TX 78415 CORPUS CHRISTI TX 78411 CORPUS CHRISTI TX 78469 CORPUS CHRISTI TX 78401 CORPUS CHRISTI TX 78408 4 I 57-A 1 CITY OF CORP"--'IRISTI PLANNING DINT LIST TO ACCOMt HE LABELS AUDIT TRAIL ACCOUNT NAME ADDRESS LINEI 1111 346300020040 FISHER JAMES E ET UX 449 FAIRMONT HILLTOP TERR LT 4 BK 2 1111 346300020050 GUARDIOLA JUAN EMILIO EORFITA 0 HILLTOP TERR LT 5 BK 2 Iq 1 775000080010 ■HIALCO HANDICAPPED HOUS1114 SAM RANKIN SAXET HTS 2 LT I BK 8 1j?1 775000080020 MARTINEZ ESPERANZA F 3610 BARTLETT SAXET HIS 2 LT 2 BK 8 TX 78408 1 1 775000080030 REEVES S I 3616 BARTLETT SAXET HTS 2 L.T 3 BK 8 1 1 775000060040 MEYER LILLIAN HATCH 3618 BARTLETT SAXET HIS 2 LT 4 BK 8 -"T- 1'"775000080050 RODRIGUEZ--JOSE-L ET UX 3622 BARTLETT,.. -. SAXET HTS 2 LT 5 BK 8 BK 8 TX 78408 --i--+-775000080120 BECERRA.NASARI.O JR ETUX3708.MACLEOD ---I---I 775000080060 HOYT GAYLORD ET UX SUSA6002 PINEHURST DRIVE. SAXET HIS 2 LT 6 BK 8 CASE NO.: ZOIOO-03 DATE: 12 20 9 PAGE: 4 ADDRESS LINE2 CITY/ST ZIP CORPUS CHRISTI TX 78408 445 FAIRMONT DRIVE CORPUS CHRISTI TX 78408 CORPUS CHRISTI TX 78401 4314 ST GEORGE DR CORPUS CHRISTI TX 78408 CORPUS CHRISTI TX 78408 __...._ _CORPUS CHRISTI TX 78408 --. .. __-__CORPUS CHRISTI TX 78408 CORPUS CHRISTI TX 78413 `'--1--t-775000080070--HALL RUFt)S---JR--ET UX LIL3650 BAR;6ETT----------------------__________._CORPUS CHRISTI- SAXET HTS 2 IT 7 BK 8 TX 78408 --I-I--775000080080 HAYHURST-EDWIN A 3636 BARTLETT - CORPUS CHRISTI -- ----- - SAXET HTS 2 LT 8 BK 8 - TX 78408 -- I 1 775000080090 SUAREZ ARTURO- 3640 BARTLETT - -- - - -... -......CORPUS CHRISM _ .. SAXET HTS 2 LT 9 BK 8 TX 78408 -----1-775000080100- SUAREZ-ANTONIO--SR ETUX GUADALUPE -- --3644 BARTLETT-------- CORPUS CHRISTI-------- SAXET HEIGHTS 2 LT10 AND 11 BK 8 TX 78408 --i--+-775000080120 BECERRA.NASARI.O JR ETUX3708.MACLEOD CORPUS CHRISTI SAXET HTS 2 LT 12 BK 8 .. . ............. . TX 78408 LEROY SAN MIGUEL ROBERT D. CAMPBELL MAINTENANCE DEPT. SAXET HEIGHTS -OAK PARK NEIGHBORHOOD ASSN. CORPUS CHRISTI I.S.D. 353 MERRILL ST. 78418 P. 0. DRAWER 110 78403 HOLLY /~ COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0100-03 Town Market Favor Opposed (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: · Mrs. Robert D. Campbell, 353 Merrill Dr. "We would like to keep our zoning as is. The tax may change and the value of our land could change. I san "NO". Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIRkERMA\WORD\COMM DATA\010003CO.DOC 121 Planning Commission Minutes Jarluary 5, 2000 Town Market: 0100-03 REQUEST: "R-2" Multiple Dwelling District to "B-I" Neighborhood Business District on L. A. Barrett. Block 1, being the west 0.30 acre out of Lot t and located on the northeast comer of Colonial Court and Old Robstown Road Mr. Payne presented a slide illustration of the subject property and the surrounding areas. The area to the north and west is zoned "B-4" General Business DisaSct and developed with a retail center and multiple family residential; the area to the south is zoned "B-I' Neighborhood Business District and remains undeveloped; and the area to the east is zoned "R-2" Multiple Dwelling District and developed with multiple family residential. Mr. Payne stated that the applicant requested a change of zoning to expand the existing nonconforming convenience store with fueling pumps. The proposed expansion would add 1,125 square feet to the existing 1,215 square foot store. Orientation of the building is toward Old Robstown Road, an arterial. This section of Old Robstown Road is currently constructed within a 50-foot and 60-foot fight-of-way with a marginal access street on the east side between Colonial Court and Kenwood Drive. Mr. Payne read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval. Commissioner Sween-McGloin questioned whether or not there were state improvements on Old Robstown Road planned, in which Mr. Gunning responded that Old Robstown Road would probably bo improved as a bond issue. Chairman Guzmfi. n opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Mims, to approve Staff's recommendation. Motion passod unanimously with Noyola being absent. 122 PLANNING COMMISSION AND STAFF'S RECOMMENDATION APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TOWN MARKET, BY CHANGING THE ZONING MAP IN REFERENCE TO THE WEST 0.30 ACRE OUT OF LOT 1, BLOCK 1, L. A. BARNETT, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EX/STING COMPREHENSIVE pLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. V~tEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Town Market, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 5, 2000, during a meeting of the Planning Commission, and on Tuesday, February 8, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the ZonLng Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of the west 0.30 acre out of Lot 1, Block 1, L. A. Barnett, located on the northeast comer &Colonial Court and Old Robstown Road, from "R-2" Multiple Dwelling District to "B-I" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:kLEG-DIR\VERONICA\DDCURTISXM YDOCS~2000\P&ZC!II~0~DOYLEC~Z0 10003 A.DOC /$ 2 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, tire 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 8t~ day of February, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary APPROVED January. 26, 2000: James ~B~ay~, Jr., ~y~ A~omey c Doyle ~. Curtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR\VERONICA~DDCURTIS\MYDOCSL2000\ P&ZORD00\DOYLEC~Z010003 A,DOC 12z~ 12 CI'TY COUNCLL AGENDA MEMORANDUM Februar~ 3r 2000 AGENDA ITEM: Motion authorizing the City Manager or designee to execute an agreement with the Corpus Chdsid 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 receipts. The term of the agreement is .lanuary 1, 2000 thru 3uly 31, 2005. [SSUE: 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 area. The City of Corpus Christi will contract with the CVB for its services. BACKGROUND: In 3uly of 1999, the Chairperson 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 3oint 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 Coundl Members Betty 3ean Longoda, Henry Garrett and 3avier Colmenero to the CVB Interim Board. The Intedm Board was charged with the implementation plan and met to formulate operating policies as well as the make-up of the permanent CV8 Board. The Intedm Board's recommendations were presented to Council on December 21, 1999. After receiving Coundl input at the December 21st Meeting, the Interim Board revised the agreement accordingly. The revised agreement was presented to the City Council at the January 25, 2000 meeting. At the 3anuary 25, 2000 Meeting, Council Members suggested that additional changes be made to the proposed agreement in the following areas: term limits, Council approval of changes to CVB bylaws, clarification that 2-cent increase in hotel/motel tax is not included in contract and removal of language regarding specific geographic representation on the permanent CVB Board. These changes were approved by the CVB Interim Board on February 3, 2000 and are incorporated in the revised agreement presented to Council on February 8, 2000. ('See agreement summary/ncluded in Additiona/ Background Information ) 125 FUNDZNG: No additional funds am required for FY 99-00. Funding will come from the existing FY 99-00 allocation to the Business Alliance. FUTURE COUNCZL AC~ON: Appointments to the Convention and Visitors Bureau Board will be made on February 15, 2000. N~~'~Nanager ADDITIONAL SUPPORT MATERIAL Background Information Contract t~ylaws 126 AGENDA MEMORANDUM ADDZTZONAL BACKGROUND ZNFORMATZON 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 Chdsti Business Alliance. The Chairmen of the Corpus Chd~ Bay Area Economic Development Corpo~tion, 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 City Coundl 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 City. Proposed Reorqanization of Business Alliance Subsequent to the November 9, 1999 .]oint Meeting of the City Council and Alliance Task Force, the CVB Interim Board met and formulated recommendations. On December 21, 1999, CVB Int~'im Board Chairmen Bill Pruett provided the City Council with an update on · the Intedm Board's findings. Mr. 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 Two (2) members from Two (2) members from Two (2) members from Six (6) members from lodging industry restaurant industw area aLb~ctions air/ground transportation industry the community at-large 127 AGENDA MEMORANDUM ADD~I'[ONAL BACKGROUND 1;NFORMAT~ON Summary of Aareement Terms * Annual performance report to Council * Payment is based on the existing contract with the Alliance which is a base amount of $1,625,000 plus performance bonus of 25% of increase in receipts in excess of $3,200,000 up to $5,000,000. Renegotiated affcer $5,000,000 * Term of agreement is thru 3uly 31, 2005 Changes incorporated after 3anuary 25, 2000 Meeting: Convention and Visitors Services, Item 6- ComDensation - Addition of"Each of the above amounts shall be calculated based upon the amount of hotel/motel tax receipts excluding the two percent increase adopted in 1999 for convention center expansion." General Provisions. Item 1- Directors - Change to" The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board." Deleted references to Padre Island, the Northwest area and Westside area. Addition of "No person may serve as a voting member of the Board for a period longer than six years consecutively unless service is required by virtue of the person's position or title or to complete an unexpired term." General Provisions, Item 2 - Administration and Bylaws Addition of" The bylaws of Contractor attached to this Contract are approved by the City for use by Contractor. Changes to the bylaws may be made only by a 2/3 vote of contractor's Board of Directors after providing 10 day written notice to all Board members, the Mayor and Qb/Coundl and the Qb/Manager. No change in bylaws may be considered which is inconsistent with any provision of this agreement." 128 CONSULTING SERVICES AGREEMENT Revised 2/1/00 THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS Tiffs 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 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: 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; 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 of local attractions when they arrive; c. creation and distribution of movies, film clips, photographs, color separations and transparencies to be used for publicity; contacting publishers, ftlm 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 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; 129 1 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; o 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; i. 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 pro,ams; 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; 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; 2 130 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 monthly 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. 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 Iris or her duly authorized agents and representatives during regular business hours of Contractor. Reports. 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 ofpersounel employed and their general duties, and copies of literature 131 3 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 fi.om bookings, less any rental concessions at the Convention Center; (8) projected sales tax revenues fi:om visitors; and (9) specific efforts directed toward promotion of City-owned facilities, including but not l/m/ted 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). Bond. The officers and employees of Contractor designated to withdraw funds fi:om 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. Compensation. The City agrees that for the convention and visitor services performed by Contractor the City shall pay annually to Contractor the sum of $1,625,000 (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. [Each of the above amounts shall be calculated based upon the amount of hotel/motel tax receipts excluding the two percent increase adopted in 1999 for convention center expansion.] 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 event additional funds are required to cover such payment, the Contractor agrees to pay such fimds 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 fi:om 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 4 132 funds for Contractor in an amount at least equal to the formula provided under this Agreement, and Co) 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 fi.om the City into Contractor's convention and visitor fund. 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 if he deems such payments are justified by documentation provided by Contractor. Copyrights. 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. Convention Expenses. 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 fi.om 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 flee bussing is reasonably necessary to close a necessary convention booking. General Provisions 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 of the City. The members shall be representatives of the following groups: 3 members fi.om the lodging industry; 2 members fi.om the restaurant industry; 2 members fi.om area attractions; 2 members fi.om the air/ground transportation industry; and 6 members fi.om the community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation 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. No person may serve as a voting member of 133 5 the Board for a pet/od longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired tenn. 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 fi.om recommendations submitted by the Contractor or any other group. Administration and Bylaws. 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\Chief Executive Officer to exercise day to day management and administration of Contractor. The bylaws of Contractor attached to this Contract are approved by the City for use by Contractor. Changes to the bylaws may be made only by a 2/3 vote of contractor's Board of Directors after providing 10 day written notice to ali Board members, the Mayor and City Council, and the City Manager. No change in bylaws may be considered which is inconsistant with any provision of this agreement. Open Meetinqs. 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. 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. 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 fi.om its operations, or the use or maintenance of its facilities. 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 of January I, 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 akeady 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. 6 134 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. 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 Texas. No such change of name or use of additional names shall be deemed a modification of this Agreement. 11. Equal Opportunitv Employer. 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 of the space described in that Lease Agreement between the Corpus Christi Chamber of Commeme and the City dated September 19, 1980, to Contractor, subject to the overall limitation of leasehold interests provided under the terms of the sate of such property to the General Services Administration and the lease-back of such interests to the Greater Corpus Christi Business Alliance. 135 7 15. SeverabiliW. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of tiffs 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 del'mite 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 tiffs Agreement are lawfully authorized services which the City is purchasing fi.om 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: By: David Garcia, City Manager ATTEST: Chairman of the Board By:. City Secretary APPROVED AS TO LEGAL FORM: This __ day of ,2000. JAMES R. BRAY, JR., CITY ATTORNEY By: Assistant City Attorney C:\My Doc uments\cvbcon23 r.doc 136 CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I - PURPOSE In accordance with the basic purpose expressed in its Charter, the Corpus Christi Area Convention & Visitors Bureau is organized to: (a) Create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry. Co) Create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith. (c) Promote and assist programs of information, education, recreation and development for visitors to such areas. (d) Create friendly relations between the citizens of the area and visitors. ARTICLE II - ASSOCIATES Any person, company, organization or other entity in the Corpus Christi Bay Area of South Texas may become an associate of the Bureau. The Board of Directors may establish various categories for associates, the contribution or investment levels required, and the rights, privileges and requirements connected with such activities. ARTICLE III - BOARD OF DIRECTORS 1. Composition. The affairs of the Bureau shall be governed by a Board of Directors which shall be composed of fifteen (15) members selected directly by the City Council of the City of Corpus Christi. The members shall be representatives of the following groups: 3 members from the lodging industry; 2 members from the restaurant industry; 2 members fi'om area attractions; 2 members from the air/ground transportation industry; and 6 members from the community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor and City Manager, or their designees, shall serve as additional non-voting members of the Board. 2. Terms. Directors shall serve three-year terms on a staggered basis. In order to implement staggered terms, initially five Directors shall serve one-year terms and five Directors shall serve two-year terms. No person may serve as a voting member of the Board for a per/od 137 longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term 3. Vacancies. Any Director who is absent without excuse for four scheduled Board of Directors meetings in a fiscal year, shall forfeit membership on the Board. An excused absence will be granted when a Director is absent because he/she is elsewhere on Bureau business. On the occurrence of a Board Member having been absent three times during a fiscal year, the Chairman or the Vice Chair shall contact said Board Member to determine the Director's desire to continue to serve and to remind the Director to attend the remaining meetings that year. In the event that a Director forfeits his/her seat or otherwise resigns or vacates the office, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position from the appropriate industry segment. The Chairman shall then nominate persons for the position, subject to Board ratification, to be presented to the City Council as a recommendation of the Director to fill the remainder of the unexpired term. The nominations shall always include more individuals than the number of vacant positions available. 4. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, said Director shall forfeit his or her seat on the Board. In the event that a Director so forfeits his/her seat, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position from the appropriate industW segment. The Chairman shall then nominate a replacement, subject to Board ratification, to be presented to the City Council as a recormnendation of the Director to fill the remainder of the unexpired tenn. The nominations shall always include more individuals than the number of vacant positions available. ~ 5. Meetings. The Board of Directors shall meet monthly at a specified time and date selected by the Board of Directors. A majority of the Directors holding office present at a regular or special Board meeting shall constitute a quorum for the transaction of all business. ARTICLE IV - OFFICERS 1. Elections. The Board of Directors at the first Board meeting of each fiscal year, shall elect officers consisting of a Chairman, Vice Chair, and Secretary-Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall serve a term of one year until the Board of Directors elects officers for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer's seat from excessive absences as in Article IV above, or in the event of the death or permanent disability of an elected officer, the Chairman shall appoint a member of the Board as a successor officer, subject to ratification by the Board of Directors, to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman of the Board shall preside at all meetings of the Board of Directors and as hereinafter proscribed, or at such times as he/she may deem it advisable, call special meetings of the Board of Directors. He/she shall perform all other duties that usually pertain to the office or are delegated to him/her by the Board of Directors. 4. Vice Chair. The Vice Chair shall, in case of the absence or disability of the Chairman, 2 138 or upon request of the Chairman, perform the duties of the Chairman. 5. SecretarT-Treasurer. The Secretary-Treasurer, shall be responsible for keeping the minutes of all meetings of the Directors. He/she shall also cause to be kept the regular books and complete records of all monies received by the Bureau and from all sources and of all disbursements, which disbursements shall only be made as may be authorized by the President, officers or the Board of Directors. Checks shall be signed by any two officers of the Bureau or an officer and an employee appointed by the Chairman. The Secretary-Treasurer shall cause to be kept records of meetings of the standing committees. He/she shall have the custody of the seal of the Bureau and affix it as directed or by resolution passed by the Directors and shall perform all other duties that usually pertain to the office or are delegated by the Board of Directors. Ail officers and employees of the Bureau who handle funds shall be bonded. 6. President. The Board of Directors may employ a President and Chief Executive Officer of the Bureau upon such terms, conditions and for such remuneration as it deems proper, which President and Chief Executive Officer shall be employed under a written contract and shall be bound by the terms of such contract. ARTICLE V - COMMITTEES 1. General. The Board of Directors may establish such committees fi.om time to time as it deems necessary for the operation of the Bureau. The Chairman shall appoint the members of each committee, subject to confirmation by the Board. 2. Nominations. Between the first and fifteenth day of June during each year, the Chairman shall appoint a Nominations Committee of five (5) Directors, for the purpose of nominating candidates for the Board of Directors for those terms which are expiring at the end of the current fiscal year. Such Nominations Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board's recommendations for the expiring terms. The slate shall always include more individuals than the number of positions available. The City Council shall select the Directors prior to August 1, and the new Directors shall assume office on August 1. 3. Cooperation. The Board of Directors shall cooperate with the Corpus Christi Regional Economic Development Corporation and the Corpus Christi Chamber of Commerce in the development and implementation of a legislative agenda, transportation agenda, and other plans affecting the Corpus Christi region generally. Members of the Board and the corporation may be appointed to serve on such joint committees as shall be established fi.om time to time for such purposes. The costs incurred in such efforts shall be proportionately allocated among the entities as appropriate. ARTICLE VI - MEETINGS 1. Annual Meeting. The annual meeting of the Board of Directors of the Bureau shall be held on a date in the month of August of each year, to be fixed by the Board of Directors and at which time, the submission of reports made by the officers of the Bureau to the Board, including an accounting of the financial standing of the Bureau, shall be made. At such annual meeting, the Board additionally shall elect the officers for the new fiscal year. 2. Regular Meetings. The Board shall conduct regular meetings not less than one time each month according to a schedule adopted by the Board. 3. Special Meetings. Special meetings may be called by the Board upon not less than seventy-two (72) hours written notice. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. ARTICLE VII - FINANCIAL PROVISIONS 1. Indemmfication. The Bureau shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him or her arising tSom or connected in any way with his or her service to the Bureau to the fullest extent authorized by the laws of the State of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to effect such indemnification. The Bureau shall purcha.~e directors and officers liability insurance not less than $1 million. 2. Audit. The Board of Directors shall armually select a certified public accountant to supply an independent audit of the Bureau's books, and such audit shall be made available to members of the Board. ARTICLE VIII - AMENDMENTS These bylaws may be amended at any regular meeting by a two-thirds vote of the Directors, provided that notice of such proposed amendment(s) shall have been mailed to each Director, the Mayor and City Council, and the City Manager at least ten (10) days before such meeting. C:\My Documents\cvbb123 r.doc 4 140 13 AGENDA MEMORANDUM DATE: February 3, 2000 SUBJECT: Convention Center Expansion and Rehabilitation - Project No. 4198 Project Needs Assessment & Project Management Services AGENDAITEM: ao Resolution of Statement Expressing Official Intent to Reimburse Cost of Convention Center Expansion and Rehabilitation Project. Ordinance appropriating $650,000 from the estimated Hotel Tax Revenue in the No. 1030 Hotel Occupancy Tax Fund for needs assessment and project management services for the Convention Center Expansion and Renovation project; amending the FY99-00 Budget, adopted by Ordinance No. 023702, by increasing estimated Hotel Occupancy Tax Revenue from the additional 2% authorized for the Convention Center Expansion by $1,419,793 and by increasing appropriations by $650,000 in the No. 1030 Hotel Occupancy Tax Fund; and declaring an emergency. Motion authorizing the City Manager or his designee, to execute a contract with PKF Consulting, Inc., in the amount of $175,000 for needs assessment services for the Convention Center Expansion and Rehabilitation Project. Motion authorizing the City Manager or his designee, to execute a contract with Gilbane Building Co., in the amount of $486,000 for project management services for the Convention Center Expansion and Rehabilitation Project. ISSUE: The expansion and rehabilitation of the Corpus Christi Convention Center is a critical project that requires needs assessment and project management services to assure the expansion is efficiently managed and is of the maximum benefit to the community. FUNDING: Funds for this phase of the project will be made available from the No. 1020 General Fund and No. 1030 Hotel Occupancy Tax Fund. The No. 1020 General Fund will pay $24,000 for the portion of the Multi-purpose Arena Needs Assessment that has been deemed in-eligible under the 2% Hotel Occupancy Tax for Convention Center Expansion/Maintenance. RECOMMENDATION: Approval of the resolution, ordinance and motions as presented. Harold K. Peterson Director of Convention Facilities /~'e(R Escobar, P.E. ' ' Director of Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summaries Exhibit C - List of Responding Firms Exhibit D - Phase I Budget 141 H:~OME~KEVINS\GEN\CONVCTR\EXPANSIO~AWD M · .,iF* , ADDITIONAL INFORMATION Convention Center Expansion and Rehabilitation - Project No. 4198 ~ House Bill 1655, requested by the City of Corpus Chdsti, was signed in 1999 by Govemor Bush. It authorized a two percent (2%) increase in the City of Corpus Christi's Hotel/Motel Tax for expansion/renovation and maintenance of the Convention Center. The City Council adopted the new, higher Hotel/Motel Tax Rate by ordinance to provide the required revenue for this project. The increase has been actively supported by the local business community, including the local hotel/motel industry. PRIOR COUNCIL ACTION: ~ - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). FUTURE COUNCIL ACTIONS: Approval of a future reimbursement resolution when the project is more fully developed and the costs mom fully known. Award of contract for design services associated with the Convention Center Expansion and Rehabilitation project. Award of geotechnical, materials testing, inspection and construction, laboratory services. Amendment of the project management services for construction phase services. Award of construction contract for the Convention Center Expansion and Rehabilitation project. PROJECI~CRIPTIOJ~I; The project consists of several phases. The first phase will be a needs assessment to define project scope, including alternative conceptual designs. Project management services will begin during the needs assessment and continue through the design, construction and project closeout phases. The design phase is scheduled to begin after the completion of the needs assessment. The design phase will provide for the development and refinement of the conceptual design. Refinement and revision of the conceptual design will occur during the detailed design phase. The design services consultant will prepare plans, specifications, and contract and bid documents necessary to award a construction contract. Needs Assessment: The needs assessment phase will assess facility needs, demand and financial capability of the City. It will include an analysis of the financial capacity necessary to complete the needed improvements and alternative methods of meeting those needs. The needs consultant will help the City define the expansion and rehabilitation needs of the Convention Center. The consultant will H:\HOME~KEVINS\GEN~CONVCTR\EXPANSIO~AGEN DA BKG 142 I EXHIBIT "A" I Page 1 of 3 also provide identification of potential user profiles and estimate utilization potential in terms of type of event and activity, number of days per event and activity, and average attendance. The needs assessment report will address all major components affecting the expansion. This will include parking, traffic, land acquisition needs, rehabilitation of the existing facility, scheduling to assure continued operation, and other facilities (existing and proposed) in the Bayfront Arts and Sciences Park. One of the facilities that will be specifically addressed is the proposed multi-purpose Arena. The Arena is I!kely to have a large impact on the Convention Center in that it complicates parking, circulation and development issues. However, it can also potentially be used for Convention Center meetings, exhibits, trade shows, breakout areas, dances, banquets, community events, etc. A portion of the Arena needs assessment is required for the Convention Center expansion. After evaluation, it was determined that the Arena's proposed site location, footprint, and conceptual space layout were needed to complete the Convention Center study. These elements represent approximately 50%, or $24,000, of the total proposed fee of $48,000 for the Arena needs assessment. The contract summary is attached. (See Exhibit B-1.) Project Management: The project management firm will be involved in the review and validation of the needs assessment report and will also provide assistance during the selection process for the design consultant. This firm will provide design review throughout the design process to optimize the constructability of the project. The project management consultant will also update and refine construction cost estimates throughout the design process. This will help ensure that the City is able to award a construction contract within budget that meets the needs of the City. Construction phase services will be addressed as an amendment to the contract. This will allow a better definition of the scope and duration of the required services. The contract summary is attached. (See Exhibit B-2.) C · The City utilized a formal Request for Proposals (RFP) for Needs Assessment and Project Management Services. City staff worked closely with the ad-hoc advisory committee appointed by Council in all phases of the selection process. Needs Assessment: Four firms responded to the RFP for needs assessment services. See Exhibit C-1. The firm of PKF Consulting (Houston, TX) was deemed by staff and the committee to offer the most complete project approach. The team members who will be directly assigned to the project are highly experienced with needs assessment for convention center expansions. Their work includes the full array of market analysis and comparable facilities. They also possess significant experience with sports arenas and the hospitality/hotel industry. I EXHIBIT "A" I Page 2 of 3 H:\HOME~KEVINS\GEN\CONVCTR\EXP~NSIO~,GENDA BKG 143 Project Management: Four firms also responded to the RFP for project management services. See Exhibit C-2. Gilbane Building Co. was deemed by staff and the commi~ee to offer the most complete project approach. The team members who will be directly assigned to the project are highly experienced with convention center projects. Their prior work includes expansion projects requiring the continuous operation of existing facilities. Of particular note to the committee was their success in assudng full opportunity for women/minority business contracting. PROJECT SCHEDULE: The needs assessment is anticipated to be completed by the end of June, 2000. The final report is to be delivered in July, 2000. It is anticipated the design consultant contract will be awarded in late Summer or eady Fall, 2000. ~ Funds for this phase of the project are available upon approval of the proposed appropriation ordinance. The needs assessment for the Arena will be funded by the No. 1020 General Fund and the No. 1030 Hotel Occupancy Tax Fund. (Please see Exhibit D - Preliminary Budget - Phase 1 .) J EXHIBIT "A" I Page 3 of 3 144 EXHIBIT B-1 CONTRACT SUMMARY - NEEDS ASSESSMENT SCOPE OF PROGRAM The Corpus Christi Convention Center Expansion and Rehabilitation program includes the completion of a needs assessment to define the expansion and rehabilitation needs of the Convention Center. The needs assessment will include an analysis of the financial capacity necessary to complete the needed improvements and alternative methods of meeting those needs. The Consultant will provide the City with assistance in the definition of needed architectural, engineering and other design services. This will inctude development of a preliminary scope of design services. BASIC SERVICES: A. CONVENTION CENTER - Market Study 1. Preliminary Services: The Consultant will complete preliminary services including: a. review existing studies previously completed; b. secure, develop, and review data, reports, studies, ordinances, and other information need to complete a needs assessment; c. obtain and review Convention Center marketing, operating, and usage records; d. review the goals and objectives used by the City when deciding to proceed with the expansion and rehabilitation of the Convention Center; e. meet with City staff and advisory committee members to determine goals, objectives, and issues relevant to the proposed project; f. conduct a general inspection of the existing Convention Center; g. visit and interview involved agencies, organizations and individuals; h. update and analyze selected economic and demographic data pertaining the Corpus Christi area to include i. historical and current data related to: i. income levels; ii. retail sales; iii. transportation networks, facilities and services; iv. tourism attraction and attendance patterns; v. other unique characteristics of the Corpus Christi area. Evaluation and Analysis Services: The Consultant will complete an evaluation of community attributes, and the competitive environment to include: a. local hotel supply and hospitality industry performance; b. community wide marketing effort; c. unique demographic and cultural features of the community; d. transportation and air access; e. population and economic development growth profiles of the community; f. community assets including the local industrial, business and visitor oriented resources; g. existing and planned competitive facilities; h. physical and operationat characteristics of competitive facilities including: i. size and capacities of meeting, banquet, and exhibit areas; ii. layout and design features; iii. dressing room, staging, and storage capacities; iv. fees and rental rates; v. ancillary services and amenities; vi. plans for future expansion; vii. size, quality and nature of supporting hotels; viii. community attributes which affect competitive centers attractiveness for conventions; ix. Iocational characteristics and access; x. utilization of competitive facilities (to the extent obtainable) including number and type of events, attendance and future bookings; xi. other relevant factors. Activity Trends and Projected Usage: The Consultant will provide identification of potential user profiles and estimate utilization potential in terms of type of event and activity, number of days per 145 Exhibit B-1 Page 1 of 4 event and activity, and average attendance to include: a. review and update of prior research efforts of other competitive facilities; b. interviews with facility management when appropriate; c. interviews with Iocat and regional promoters, producers, and sports representatives; d. interviews with selected state and regional association meeting planners which will include groups that have met in Texas during the past three (3) years and selected groups that coutd have, but did not meet in Texas; e. identification potential business by event type, frequency of use and average attendance; f. listing of potential sources of utilization including consumer shows, convention and trade shows, civic functions, other categories (banquets, dances, pageants, etc.), and local corporate business and governmental demand. Facility and Building System Expansion: The Consultant will: a. collect existing data and plans for the Convention Center and physical plant; b. evaluate the current status of the facility and the ability to expand the facility; c. provide massing studies relating to expansion of the exhibit and meeting space utilizing the program and market analysis; d. coordinate the work of sub-consultants for architectural, mechanical, electrical, plumbing, fire protection, structural, parking and traffic studies; e. develop a preliminary budget and opinion of probable costs for the program of expansion and rehabilitation including the cost of any land acquisition required by the proposed expansion; f. develop a preliminary phased schedule for the expansion and rehabilitation that permits the continued operation of the facility and minimizes required closures; g. meet with City staff to determine project scope and review design alternatives; and h. have sub-consultants present for up to two presentation meetings. 5. Parking and Traffic: The Consultant will: a. analyze and recommend the quantity and location of parking spaces required to accommodate the additional business generated by the expansion of the facility; b. conduct a preliminary analysis of the site and establish several parking scenarios to accommodate the required parking including pedestrian routes and distances; c. prepare a financial analysis to estimate the probable income and expenses for each of the proposed parking facilities including any required land acquisition costs; and d. analyze traffic routes, capacities, and alternatives including queuing requirements for the proposed parking facilities for all proposed options. Recommended Size and Configuration: The Consultant will quantify the recommended amount of exhibition, meeting space, other revenue producing space, circulation, and support areas in square feet by type of primary and support space to include: contiguous and/or non-contiguous exhibit area; meeting rooms; ballroom; public circulation; administration; loading docks and truck staging; mechanical and storage; and parking requirements. Land Acqt~isition Needs/Opportunities - The Consultant will determine based on the recommended size and configuration and parking options if additional land acquisition is needed for the expansion. The Consultant will identify the pamels needed by location and ownership. The cost of land acquisition (if required) for expansion of the facility and parking options will be included in the financial analysis. B. ARENA - Market Study 1. Needs Assessment - The Consultant will visit and interview involved agencies and individuals to include: a. event promoters and producers; b. representatives of local corporations; 146 Exhibit B-1 Page 2 of 4 planning department officials; other municipal and governmental officials and parties as identified. Analysis of Competitive Environment - The Consultant will identity existing and planned competitive facilities including examination of: a. [ocational characteristics and access; and b. demand sources and overall utilization and pricing. Analysis of Comparable Arenas - The Consultant will evaluate the physical and operational characteristics including: a. configuration issues concerning ice capabilities; b. sizing and capacities of seating areas and floor space; c. layout and design features including rigging limitations; d. dressing room, staging, and storage capacity; . e. fees, rental rates, and gate commissions; f. ancillary services and amenities; g. community attributes which affect an Arena's attractiveness to convention general session attendees and exhibitions; h. existing comparable facility Iocational characteristics and access; and i. utilization of existing comparable facilities (to the extent obtainable) including the number and type of events, attendance, and future bookings. Event Activity and Trend Evaluation - The Consultant will evaluate the characteristics of typical events to identity user profiles. Analysis will include interviews with arena management, past and potential regional, state, and local event promoters, live entertainment show producers, and potential basketball and hockey team owners. The analysis will incorporate: a. review and/or update the Consultant's prior research of operational analysis of comparable facilities; b. conduct interviews of facility managers (as appropriate); and c. interview local and regional promoters, producers, and appropriate sports representatives. Facility Usage Estimate - The Consultant will develop an estimate of potential utilization of the proposed arena based on the data, evaluations, and analyses completed. Potential usage will be presented in terms of type of event and activity, number of days per event, and average attendance on an annualized basis. Sources of utilitization to be included are: a. collegiate and other basketball games; b. hockey league games; c. live entertainment performances; and d. general and/or break out sessions for conventions. Recommended Size and Configuration - The Consultant will quantity the recommended amount of seating and other revenue producing areas in square feet by type of primary and support space. The recommendation will include one or more preliminary site recommendation(s) and site map(s) showing probable arena footprint. Based on the market analysis, the following space types may be included in the recommended program: main floor area square footage; dgging and staging requirements; meeting rooms; number and size of luxury boxes; public circulation; administration; loading docks and truck staging; and parking requirements. REPORTS AND FINANCIAL ANALYSIS Needs Assessment Report: The Consultant will deliver to the City staff representative ten copies of the needs assessment draft report memorandum for review. The report will include an evaluation of alternative site locations and configurations based on market potential. The draft repoA will be the basis for the financial analysis to determine the prospective operating revenues 147 Exhibit B-1 Page 3 of 4 and expenses. The draft report will include a scope of architectural, engineering and other design services required for the development of a request for proposal for design services associated with the Convention Facility Expansion and Rehabilitation. Financial Analysis - The Consultant will develop a financial analysis of prospective operating revenues and operating expenses. The analysis will compare current operating revenues and expenses with operating revenues and expenses after completion of the expansion and rehabilitation. Prospective operating revenues to be analyzed include rentals, concessions, catering, parking, advertising, and other service charges/revenues. Prospective operating expenses include salaries and wages, utilities, materials and supplies, maintenance and repair, insurance, administrative expenses, and other expenses. The analysis will include funding alternatives. Specific note will be taken of the amount of any profit or required operating subsidy including possible sources of such subsidies. Final Report - Ten copies of the draft final report will be delivered to the City staff representative for review. The report will contain a transmittal letter, table of contents, executive summary, all analyses with appropriate documentation. The research findings, data methodologies and analyses will be fully discussed and described. The Consultant will meet with City representatives in a final work: session prior to delivery of the final report. Summary of Authorized Fees. Task No. Description Convention Ctr. Arena Total Fee II.A Convention Center Market Study $90,600 $90,600 II.B Arena Market Study $14,400 $14,400 II.C Reports and Financial Analyses $60,400 $9,600 $70,000 Total Fee $151,000 $24,000 $175,000 148 Exhibit B-1 Page 4 of 4 EXHIBIT B-2 CONTRACT SUMMARY - PROJECT MANAGEMENT SCOPE OF PROGRAM Project management services will include coordination during the needs assessment, assistance with the request for proposals and selection of the design team, design phase services and construction phase services. The project will result in construction of additional exhibit area, meeting rooms, parking, and other amenities. The project will include modification, rehabilitation, and repair of existing facilities, including electrical, mechanical, plumbing and other systems. The project requires the continued Operation of the Convention Center and Auditorium during construction. The project must not cause disruption of normal operations. The Consultant will provide the City with assistance in the definition of needed architectural, engineering and other design services. SCOPE OF SERVICES BASIC SERVICES: A. Needs Assessment Services The Consultant will participate during the needs assessment by: 1. attending review meetings of the draft needs assessment reports; 2. review and provide comments on the needs assessment and financial report prepared by the City's needs assessment consultant; 3. begin development of an Intemet Web page for the project to be used for the duration of the project providing project information, project status, contact points and other relevant information that is updated on a monthly basis; 4. attend and participate in partnering sessions that may be scheduled; 5. participate with the City's needs consultant in the project feasibility and planning; 6. review and comment on recommendations of the City's needs consultant; 7. review and comment on the project program developed by the City's needs consultant; 8. provide technical recommendations conceming the project program; 9. review and comment on the conceptual design proposed by the City's needs consultant; and 10. attend presentation meetings relating to the conceptual design and needs assessment reports. B. Design Team Selection Services The Consultant will assist the City in the selection process for architectural and other design services by: 1. 2. 3. 4. review and comment on the proposed scope of design services; review and make recommendations concerning the Request for Proposals (RFP); assist during the presentation phase of the RFP process; and review and comment on the proposed design services contract without assuming responsibility for its legal sufficiency. C. Design Phase Services The Consultant will provide the following services without assuming responsibility for design: 1. review the Bayfront Arts and Sciences Park Master Plan and proposed projects; 2. make recommendations concerning the Master Plan; 3. attend and participate in a conceptual design workshop with the design team, City staff, and others; 4. review, comment, and make recommendations concerning the concept plan; 5. update and revise the master schedule developed during the needs assessment process; 6. provide periodic updates and revisions of the master schedule; 7. develop a cost model and provide estimates of consb'uction and other costs during the schematic design, detail design and construction document phases; 8. provide design review and recommendations during the design process including: a. review and comment on the 50% complete schematic design documents; b. participate in a schematic design workshop; c. review and comment on the 100% complete schematic design documents; d. attend and participate in presentation of the schematic design; 149 Exhibit B-2 1 Page 1 of 3 11. 12. 13. 14. 15. e. participate in the detailed design workshops for: i. architectural and structural components; ii. mechanical electrical and plumbing systems; iii. technical systems; and iv. graphics and interiors; f, review and comment on the 50% complete detailed design documents; g. attend and participate in the 50% complete detailed design presentation; h. review and comment on the 90% complete detailed design plan documents; i. attend and participate in the 90% complete detailed design presentation; review plans and specifications in terms of operational and functional efficiency; review communication, fire, life safety, electrical, plumbing, mechanical, elevator, escalator, and other technical systems and provide comments and recommendations; review plans and specifications for constructability; review proposed site layout, circulation paths, parking lots/structures, building orientation, entrances and exits and provide comments and recommendations; develop a program for safety planning and dsk management; develop a community outreach program to assist local contractors and material suppliers wishing to participate in the project or otherwise offer services during the project; and maintain and update the Intemet web page at least once per month. D. Construction Phase Services Construction phase services will be authorized by a future amendment of this contract and be evidenced in writing. The Consultant will not proceed with Construction phase service unless authorized in writing by the City Engineer and evidenced by amendment of this contract. The anticipated service will require the Consultant to provide the following full-time, on-site resident representation services to observe the work in progress to determine if the completed work will comply with the contract documents, provide field administration of the construction contract and determine that the quality control efforts of the contractor are producing acceptable results. The on- site Resident Project Representative will serve as project facilitator, coordinating the flow of information between the Design Consultant(s), the City, and Contractor. Typical services will include: Attend pre-construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's key personnel. Establish communication procedures with City staff, City Engineer, City's design consultants and Contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. Maintain a document control system designed to track the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Send contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals to the City's design consultants for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. Review contractor's application for payment and recommend payment in accordance with the procedures in the construction contract documents. Monitor contractors' compliance with minimum wage rate requirements as required by the construction contract documents. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. Provide a full time on-site representative to serve as project contract administrator and to observe the construction of the project to determine that the completed project will meet the requirements of the contract documents. Provide documentation of observations made while at the site. Exhibit B-2 150 Page 2 of 3 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Assist in the transfer of and acceptance by the construction contractor of any City-furnished equipment or materials. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non-cenforming work observed. Take action to initiate corrective procedures for defective work, coordinate special materials tests and performance tests needed to obtain a quality project. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation as required by the construction contract documents. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change/field order documentation for approved changes for execution by the City based on information provided by City's design consultants. Routinely examine the contractor's "as-built" drawings to determine that information appears to be recorded in an accurate and timely manner by the contractor as required in the construction contract documents. See that these drawings are provided to the City's design consultants at the completion of the project so they can revise the original construction drawings in accordance with the information furnished by the construction contractor to reflect changes made in the project during construction. Assist in project completion activities at the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies to be corrected by the contractor before final payment can be recommended. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor. Develop Construction management and project controls including forms, tracking, reporting, and data management systems; provide cost management assistance; maintain and revise project schedules and critical path systems; provide field oversight and quality assurance on a continuous resident representative basis; develop a project safety system; identify and report to the contractor and City staff any observed safety deficiencies and violations; and assist in assuring speciality system contractcrs coordination is maintained. Summary of Authorized Fees. Task No. Description Total Fee II.A Needs Assessment Phase Services $86,000 II.B Design Team Selection Phase Services $19,000 II.C Design Phase Services $381,000 II.D Construction Phase Services to be negotiated Total Fee $486,000 151 Exhibit B-2 Page 3 of 3 EXHIBIT C-1 LIST OF RESPONDING FIRMS - NEEDS ASSESSMENT Principal Sub-Consultants Economics Research Associates (ERA) PEF Development Services C. H. Johnson Consulting Conventional Wisdom Gielow Associates, Inc. PKF Consulting Moms Amhitects CHPA Consulting Engineers Walter P. Moore & Associates Centex Construction Hospitality Research Bath Engineering Exhibit C-1 Page 1 of 1 152 EXHIBIT C-2 LIST OF RESPONDING FIRMS - PROJECT MANAGEMENT Principal Huber, Hunt & Nichols, Inc. Gilbane HDPJSimpson 3D/International Sub-Consultants Anderson Group Conventional Wisdom Barrera Consultants IExhibit C-2 Page 1 of 1 153 PRELIMINARY BUDGET - PHASE I CONVENTION CENTER EXPANSION & REHABILITATION PROJECT No. 4198 Needs Assessment & Project Management through Design Phase CORPUS CHRISTI, TEXAS January 17, 2000 PRELIMINARY ACTUAL No. 1020 General Fund 24,000 No. 1030 Hotel Occupancy Tax Fund 650,000 Total 674,000 Needs Assessment Services 175,000 Project Management Services (through Design Phase) 486,000 Miscellaneous Expenses (Testing, Printing, Advertising, 13,000 Express Charges, etc.) Total 674,000 Exhibit D Page 1 of 1 154 RESOLUTION STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CERTAIN CONVENTION CENTER EXPANSION AND REHABILITATION PROJECTS WHEREAS, the City of Corpus Christi, Texas (the "Issuer") is a home-rule city and a political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with needs assessment and project management services for the design, planning, acquisition, and construction of the Convention Center Expansion and Rehabilitation Projects and related infrastructure needs, which will be more fully defined after completion of the needs assessment (the "Projects") prior to the issuance of obligations to finance the Projects; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Projects; and WHEREAS, the Issuer will supplement this Reimbursement Resolution as the project is more fully developed and costs are more fully known; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, T~XAS THAT: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amoant equal to $1,500,000 for the purpose of paying the costs of needs assessment and project management services related to the capital design, planning, acquisition, and construction of the Convention Center Expansion and Rehabilitation Projects and related infrastructure needs, which will be more fully defined after completion of the needs assessment. SECTION 2. All costs to be reimbursed pursuant hereto will be related to capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. H:\LEG-DIR',VERONICA~ALISON~ORDO0 800/AGORDO0 812 155 2 SECTION 3. The foregoing notwithstanding, no tax-exempt obligations will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved on ~.~ .~{9 ~, 2000; James R. Bray, Jr., City Attorney. Ali"on Gallawa3~ First Assistant City 3,ttomey H: LEG-DIR VERON[CA~ALI$ON~ORDO0 800,AGORD~ 812 156 AN ORDINANCE APPROPRIATING $650,000 FROM THE ESTIMATED HOTEL TAX REVENUE IN THE NO. 1030 HOTEL OCCUPANCY TAX FUND FOR NEEDS ASSESSMENT AND PROJECT MANAGEMENT SERVICES FOR THE CONVENTION CENTER EXPANSION AND RENOVATION PROJECT; AMENDING THE FY 99-00 BUDGET, ADOPTED BY ORDINANCE NO. 023702, BY INCREASING ESTIMATED HOTEL OCCUPANCY TAX REVENUE FROM THE ADDITIONAL 2% AUTHORIZED FOR THE CONVENTION CENTER EXPANSION BY $1,419,793 AND BY INCREASING APPROPRIATIONS BY $650,000 IN THE NO. 1030 HOTEL OCCUPANCY TAX FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $650,000 is appropriated from the Estimated Hotel Tax Revenue in the No. 1030 Hotel Occupancy Tax Fund for Needs Assessment and Project Management services for the Convention Center Expansion and Renovation Project. SECTION 2. That Ordinance No. 023702, which adopted the FY99-00 Budget, is amended by increasing estimated Hotel Occupancy Tax Revenue from the additional 2% authorized for the Convention Center Expansion by $1,419,793. SECTION 3. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by adding $650,000 to the No. 1030 Hotel Occupancy Tax Fund. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role 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 ~, 2000; Ahson Gallaway, F~st Assistant City Attorney JAMES R. BRAY, JR., CITY ATTORNEY H:' LEG-DIR/VERONICA~dtLISON~ORD00 8D0~.GOKD00 813 157 , 1; ORDINANCE STATUS AGENDAITEM: (a) 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, and increased code enforcement; and by amending the future land use map. (b) Amending the Zoning Ordinance by adding Article 12A, "B-I~ Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the "B-lA" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B-lA' 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-lA to the zones listed in Paragraph B of Section 27B-7.01. FIRST READING: January 25, 2000 Passed: 8- 0 (1 abstention) FINAL READING: February 8, 2000 COMMENTS: Ordinance (BIA District) will be amended prior to second reading by revising Section 12A-2 Use Regulations, by removing restrictions on alcohol sales. 159 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM February 3, 2000 Co 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. A MOTION TO AMEND ORDINANCE PRIOR TO SECOND READING BY REVISING THE "B-lA" NEIGHBORHOOD BUSINESS DISTRICT, SECTION 12A-2. USE REGULATIONS; SECTION 12A-2.11, RESTAURANTS WITHOUT ALCOHOLIC BEVERAGES, BY DELETING RESTRICTIONS ON SALE OF ALCOHOLIC BERVERAGES. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-IA" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-lA" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B-lA" 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-lA TO THE ZONES LISTED IN PARAGRAPH B OF SECTION 27B-7.01; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUES: The City. Attorney has advised that the restaurant use without alcoholic beverages as proposed in the "B-lA" District is in direct conflict with Texas Alcoholic H:\PLN~DIR~SHARED\WORD\COMP-PLA\SSIDE\GARDEN~vlOTION 1 .DOC 160 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B- lA" Neighborhood Business District February 3, 2000 Page 2 Beverage Code. Basically, if restaurants are allowed in any zoning district and are permitted to sell alcohol then all restaurants must be allowed the same option. The State has sole authority to regulate the sale of alcoholic beverages, except for authority expressly granted to cities in the State Alcoholic Beverage Code. Staff advised the Planning Commission on February 2, 20,00 of Legal Department's opinion and conducted a public hearing to consider changes to the proposed "B-lA" District, Section 12A-2 (11) restaurants in order to comply with State law. The Commission considered deleting the phrase "without alcohol beverages" language from the restaurant use or deleting the "restaurant" use from the proposed district. The Commission determined that sufficient safeguards already exists in the "B-lA" District to allow the restaurant use with alcohol consumption without disrupting adjacent residential Staff concurs with the Planning Commission's findings and recommendation to continue to allow restaurants in the "B-lA" District. ANALYSIS The "B-IA" Neighborhood Business District requires restaurants to have direct access to an expressway or arterial street. Williams Drive is designated as a collector and Holly Road as an arterial. If the City rezones property fronting on Williams Drive to a "B-IA" District, then restaurants would not be an allowed use. Conversely, if the City rezones property on Holly Road to the "B-IA" District, restaurants would be an allowed use. In addition to the arterial street requirement, restaurants are also required to meet specific performance standards designed to protect the abutting residences, The performance standards are as follows: · Restaurant kitchens, serving areas, grease traps, and dumpsters must be setback at least 50 feet from any abutting residential district. · Business hours including loading and unloading are restricted to 6:30 a.m. to 10:00 p.m. when abutting a residential district. · A 6-foot high masonry wall is required where abutting a residential district. · Delivery and loading areas shall not be located within 50 feet of a residential district. · Tree planting on 30' centers along the rear property line abutting a residential district to create a tree line between residential and commercial use. PRIOR COUNCIL ACTIONS: Approval of first reading of the ordinance amending the Southside Area Development 161 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business Disufct February 3, 2000 Page 3 Plan and first reading of the ordinance amending the Zoning Ordinance by adding Article 12A. "B- 1A" Neighborhood Business District. RECOMMENDATION: Approval of 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.ll, C.5, D.12, & D.13 relating to recommended land uses, traffic calming devices, park improvements, & increased code enfomement; and by amending the future land use map; providing for severance; and providing for publication. Approval of a motion to amend ordinance prior to second reading by revising the "B-lA" Neighborhood Business District, Section I2Ao2. Use Regulations; Section 12A-2.11, Restaurants without alcoholic beverages, by deleting restrictions on sale of alcoholic beverages. Approval of an ordinance amending the Zoning Ordinance by adding Article 12A. "B-lA" Neighborhood Business District; By Defining Adult Day Care Facility; By Amending Article 24. Height, Area & Bulk Requirements by adding a, row for the "B-IA" District; by amending Article 27. Supplementary Height, Area & Bulk Requirements by adding "B-lA" 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-lA to the zones listed in paragraph B of Section 27B-7.01; providing for severance; and providing for publication. Michael N. Gunning, AiCP Director of Planning 162 CITY COUNCIL AGENDA MEMORANDUM January 17, 1999 AGENDA ITEM: 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. Bo AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-lA" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- IA" 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 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-lB" Single Family Residential District. As part of this review, Staff initiated a planning process to revised the City's future land use Plan along Williams Drive and to follow up with a rezoning recommendation. In addition, staff included 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 aS, ooo ":\PLN-DIR~S HA RED\WO RD\COM P-PLA\SSI DE\GA RDEN~ffI~D 1-25.DOC '~l~ CK~.i- City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-1A" Neighborhood Business District January 17, 2000 Page 2 owners and residents along Williams Drive and fi.om within the neighborhood. The neighborhood committee consists of residents/property owners along Williams Drive and residents/property owners of property along interior neighborhood streets i.e., Bonner, Cain, Curtis Clark etc. The Committee 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 zorfing 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 City 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/commemial corridors at other locations around the City. The district is designated as the "B-1A" 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-lA" District zoning text amendment with a City initiated rezoning of Williams Drive with the new "B-lA" District. 6. Fully fund at least two traffic mitigation devices (speed humps) along Gardendale Neighborhood Streets (Curtis Clark, Bonner, Cain, Nelson, Burton Streets or Betty Jean). PRIOR COUNCIL ACTIONS: 1972 Rezoning of the Blanch Moore property from "R-lB" Single Family Residential to "B-4" General Commercial. 164 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-lA" Neighborhood Business Dislrict 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. 1997 1998 Council rezoning actions on Williams Drive from "R-lB" Single Family Residential District to "B-t" Neighborhood Business District for the properties located at the north west intersection of Williams Drive and Betty Jean Drives. REQUIRED COUNCIL ACTION: Approval of first reading of: 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. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-IA" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-lA" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- IA" 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 City Council Agenda Memorandum Southside Area Development Plan Amendmenta Propose "B-lA" 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-IA" Neighborhood Business District. PLANNING COMMISSION AND STAFF'S RECOMMENDATION: Approval of the Southside Area Development Plan Amendments and the creation of the "Bo 1A" District. Director of Planning Attachments Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Gardendale Committee Members List of Plarming Commission Meetings/Minfites (10/27/99) - discussion items and public hearings Ordinance adopting the Southside Area Development Plan Amendments Ordinance adopting ARTICLE 12A "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Gardendale Study 166 ~ c.t¢~-r City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B- 1A' 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 m 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 Tiburcio Soto Carroll Norrell Juan Gallegos H.G. Garrett Theresa Gilbert Kermit Sultemeier Mateo Morales W.L. Hermis Joe Garcia 167 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-IA" Neighborhood Business District January 17, 2000 Page 6 ATTACHMENT B: LIST OF PLANNING COMMISSION MEETINGSfMINUTES - DISCUSSION ITEMS AND PUBLIC HEARINGS 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 Mires* 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 Pa)me, AICP, Senior Planner Miguel S. Saldafia, AICP, City Planner Harry J. Power, City Planner Faryce Goode-Macon, City Planner Jay Reining, Assistant City Attorney Doyle Curtis, Assistant City Attorney Leo Farias, P.E., Special Services Engineer COMPREHENSIVE PLAN AMENDMENTS AND PROPOSED ZONING ORDINANCE TEXT CHANGES 168 City Council Agenda Memorandum Southside Area Development Plan Amendments Propose "B-lA" Neighborhood Business District January 17, 2000 Page 7 Continuation of the Gardendale Southside Area Development Plan Amendments and the Proposed "B-lA" Neighborhood Business District Public Hearing Commissioner Gm 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 reqtlested by the comrmSsion 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. Pa)me stated that the "B-lA" District is designed to be as sensitive to the adjacent residences as an "AB" Professional Office District while at the same time allowing low n'affic generating businesses that would be allowed in a "B-I' District. He stated that he believed the "B-lA" Distr/ct 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. R. udine stated that he, other residences, and Staff compromised when developing the "B-lA" Diswict and stated that he believed the plan would work for the Gardandale area. He asked the Comrmssinn 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 ~illowed on either side of Williams Dtive. 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 FAR on the north side of Williams Drive would reslrict her ability to convert or sell her property. Chairman Quimanilla closed the public hearing. After discussion regarding the allowable FAR for each side in Gardendale, comrmssioner Richter requested that the FAR be identical on the north and south sides of Williams Drive. Commissioner 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-lA" District to City Council and to include changing the FAR on the south side of Williams Drive to 0.50. Motion passed unanU'nously with Guzmin abstaining and Noyola being absent. Motion by Sween-McGloin, seconded by Richter, to apply the "B-IA" District to the Gardendale subdivision and amend the Southside Area Development Plan. Motion passed tmanmiously with Guzmzin abstaining and Noyola being absent. Motion by Richter, seconded by Kelly, to create a district with m/xed uses as illustrated/n Option 2. Motion passed unanimously with Guzmfin abstaining and Noyola being absent. 169 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. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning 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, D.12, & D.13, relating to recommended land uses, traffic calming devices, park improvements, & increased code enforcement, to read as follows: H:kLEG-DIR\VERONICA\DDCURTI S\MYDOCSX2000\P&ZON ING.28~Z 12AB I A7.DOC Last saved by Doyle Curtis - Lega~ on 01/19/00 at 4;47 P,M. 171 2 "SOUTHSIDE AREA DEVELOPMENT PLAN AMENDMENTS SOUTHSIDE AREA DEVELOPMENT PLAN GARDENDALE NEIGHBORHOOD ,lanuarv 25, 2000 Amendin.q the Southside Area Development Plan Policy Statements to include new Policy Statements B.9, B.10, B.11, C.5, D.12 and D.13. PLANNING DEPARTMENT" H:XLEG.DIR\VERONICA\DDCURTIS~MYDOCSX2000\P&ZON [NG.28XZ 12AB 1A7.DOC Last saved by Doyle Curtis - Legal on 01/19/00 at 4:47 P.M. 172 "POLICY STATEMENT B. 9 Rezone residentially zoned properties on Williams Drive and Holly Road between Staples Street and Everhart Road to a neighborhood commercial district consistent with street traffic carrying capacity and protection of the abutting residential nelo~hhorhoorl, The intensity of neighborhood commercial uses on Williams should be gma,at~d from the hi~,h commercial intensity of Moore Plaza to the single-family 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. Holly Road is a maior arterial between Everhart and Staples and will carry a siqniflcant volume of traffic supportive of hiqher intensiht uses. Anticipated office and commercial development on Holly could neqativelv impact those sinqle-family residences behind Holly Road on Cain Street. Any commercial rezoninq should reduce the impact of expected future development and protect and preserve the residential uses in the Gardendale Neiqhborhood. Design objectives 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 Holly 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 by llmltinE allowable uses to primarily professional office, specialty retail and residential uses on Williams Drive. · Maintain a scale of development compatible with adjoining residential uses by graduating the allowable building height on Williams and Holly. · Because of the large size of lots on Williams and Holly, replatting of multiple lots may occur and result in various lot sizes throughout the dislrict. Maintain minimtun lot sizes and frontages. · Create an effective buffer between Gardendale residential uses and commercial or office uses fronting Williams and Holly by requiring additional rear yard setbacks, a screening fence and a rear yard tree canopy. Require all exterior lighting fixtures to be directed away from residential properties." H:~LEG-DIR\VERONICALDDCURTIS~MYDOCSX2000\P&ZONING.28~Z 12AB 1A7.DOC L~.~t saved by Doyle Curtis - Legal on 01/19/00 at 4:47 P.M. 173 4 "POLICY STATEMENT B.10 Preserve and protect the residential nature of the Gardendale Neighborhood from CurtSz Clark south to Cain Drive and from Everhart east to Staples_ a) Prevent the development of non-residential uses into the interior of the neighborhood; and b) Limit intrusion of new commercial or expansion &existing commercial development alon~ the western and eastern edl~es of the neighborhood parallel to Everhart and Staples Streetg (See Policy Statement B.I 1). POLICY STATEMENT B.11 Limited commercial expansion will be allowed alonq the west and en__~_ side~ behind the Staples Street and Everhart Road commercial corridors. Sensitivity to the remaininq residential neiqhborhood will be achieved by Iimitinq expansion of commercial development to the followinq conditions: a) Total depth of commercial development between the street row line {'Staples or Everhart Road) and the neighborhood shall generally not exceed 300'; b) require replatting to combine lots with lots accessing Staples Street or Everhart Road~ c) commercial retail driveway access shall be restricted to Stnples Street or Everhart Road: d) a standard screening fence and tree planting buffer will be required between the commercial properties and the remainin~ 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 bv case basis through special permit and replatting process. POLICY STATEMENT C.5 Where Nelson, Betty Jean, Burton, Curtis Clark, Bonnet, or Cain Streets, satisfy the minimum eligibility criteria identified in the City's Traffic Management Program, the City may, at its discretion, waive cost participation requirements assigned to subdivision residents for the placement of traffic calming devices. These devices may include speed humps and / or traffic diverters." Las! saved by Ooyle Curlis - Legal on 02/03/00 at 4:47 PM 5 "POLICY STATEMENT D.12 Target funds for public improvements in Gardendale Park. The Gardendale Park was dedicated in 1941 and is the only park accessible by neighborhood residents without crossing a major. Identified improvements include: a) Paved parking area accessible from Betty Jean Drive and/or Holly Road; b) Trees around the perimeter of the park; c) Basketball court; d) Park Security Lighting; e) Swings and play~round equipment for children; f) Bar-b-Que facilities and seating; g) Tempora_w seasonal restroom facilities. POLICY STATEMENT D.13 Increase Code Enforcement efforts in the Gardendale Neighborhood. The City should facilitate the formation of a Neighborhood Association to monitor housing and business conditions, sanitation, brush pickup, and animal control problems, 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 up to code; d) Non-conforming land uses; e) Solutions to code enforcement problems; and f'} Recommendations for the cleaning of streets with excessive litter and trash." SECTION 2. That the Southside 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 3. 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. SBCTION 4. 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:kLEG-DIR\VERONICA~DDCURTISWIYDOCS~2000\P&ZONING.2$xZ 12AB 1A7.DOC Last saved by Doyle Curtis - Legal on 01/I9/00 at 4:47 P.M. 1 7 5 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 fome 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:LLEG-DIR\VERONICA~DDCURTIS\M YDOCS~2000\P&ZON FNG-28~Z l 2AB I AT.DOC Las[ saved by Doyle Curtis *Lcga] on 01/19/00 al 4:4'/P.M. 176 7 Javier D. Colmenero Melody Cooper Henry Garret[ Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the 25 day of January, 2000, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Betty Jean Longoria John Longoria Mark Sco~t 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. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the A'I-]'EST: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM: January 18, 2000: James P,. Bray, Jr., City A~_ttorney Do~71e ~j~.C. urtis Assistant City Attorney H:~LEG-DIR\VERONICA~DDCURTIS\MYDOCS~2000\P&ZONING.2g~Z 12AB 1A7.DOC L~st saved by Doyle Curtis - Lega~ on 01/19/00 at 4:47 P.M. 177 EXHIBIT "A" 178 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-IA" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-lA" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- lA" 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 USTED IN PARAGRAPH B OF SECTION 27B-7.01; 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, 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 Chdsti, Texas, is amended by adding Article 12A. B-lA Neighborhood Business District, to read as follows: "ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section '12A-1 The requlations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the requlations in the "B~IA" Neiqhborhood Business District. The purpose of this district is to create a pedestrian odented neighborhood with compatible commercial uses, preserve community aesthetics alonq city streets, and to protect and enhance traffic flow on city streets. This district provides primarily for retail shoppinq, persona! service and office uses for a sinqle lot or multi-lot development to serve the needs of a residential neiqhborhood. This district is intended for use where conversion of residential uses to non-residential uses is occurfinq on arterial and collector streets. This district is qenerally not intended for use where the only H:~LEG-DIR\VERONICA~DDCURTI$\M YDOC S~20OO\ P&Z ON fNG.28~Z ! 2AB I A9.DOC Last sa~ed by Doyle C~xtis, Legal, on 02/02/00 at 5:00 P.M. 179 access will be a local residential street. Uses not expressly permitted in this ordinance are not allowed. Section 12A-2 Use Requlations. A buildinq or premises shall be used only for the followinq or similar purposes: (1) Sinqle-famil¥ dwellinqs other than manufactured homes. (2) Two-family dwellinqs. (3) Multiple-family dwellinqs. (4) Offices - medical and non-medical offices, provided no machinery or equipment shall be contained in a manufactured or modular structure, recreational vehicle, or trailer. (5) Clinics (6) Child care homes (7) Child care centers - Outdoor play areas abuttin.q residential uses shall be screened with siqht obscurin.q fence, wall, or hedqe with a hei.qht of not less than six (6) feet. (8) Adult day care centers (9) Public infrastructure, utilities, and accessories, not includinq electrical transfer stations or solid waste transfer stations. (10) Personal services a. barber shops, b. beauty or hair stylist shops, c. banks (no drive-throuqh teller windows), d. copy shops, e. photoqraphic or artists' studios includinq the teachino of art. music~ dancinq or other artistic instruction, f. messenqer services, newspapers or teleqraphic service stations, ,q. dry cleaninq receivinq stations (pick-up/drop-off only) h. custom dressmakinq and tailorinq not involvinq a factory, i. shoe repair, household appliance repair and small enqine repair (not to exceed five (5) horsepower), k. self-service laundries I. custom cleaninq shop not involvinq bulk or commercial type plants, m. household furniture upholstery shop accessory to retail fumiture sales.. H:~LEG-DIR\VERONICA~DDCURTIS\MYDOCS~2000\P&ZONING.28~Z 12AB 1 Ag. DOC L~t saved by Doyle Curtis, Legal, on 02/02100 at 5;00 P.M. 181 3 (11) (12) Restaurants ::'!thcut Retail - retail sales includinq: a. florist shops and qreenhouses in connection with these shops, b. household convenience shopping items; c. additional uses may also include merchandise display rooms, d. automotive parts with no service bays. (Excluded uses: pawnshops, liquor store, fuelinq, wholesale on-site slaughtering of animals, shuckinR of oysters or processinq of fish.) (13) Parkinq lots (14) Accessory structures and uses not including outside storaqe and outside sales areas. Section '12A-3 Siqn Requlations. 12A-3.1 Detached/freestandinq si.qns: a) One on-premise detached/freestandinq or monument ~i~n, excludinq directional siqnaqe, for each street frontaqe along an expressway, frontage road, arterial, or collector street. bi The permitted sign area of thirty (30) square feet per sign or one- quarter (1/4) square foot for each linear foot of frontage along an expressway, frontaqe road, arterial, or collector street, whichever is greater. In no event shall each sign exceed a siqn area of fifty (50) square feet. c) Each siqn may be permitted a heiqht not to exceed fifteen (15) feet. d) Siqns must maintain a setback of at least ten (10) feet from all abuttinq public rights-of-way lines. e/ Each detached/freestandinq sign must be odented toward the expressway, frontaqe road, arterial, or. collector street and away from the local residential street. 12A-3.2 Wall signs ara permitted in addition to the detached/freestandinq signs provided they comply with the following conditions: H:~LEG-DIR\VERONICA~DDCURTIS\MYDOCS~2000\P-~ 7ONING.28~Z 12AB 1A9.DOC Last saved by Doyle Curtis. Legal, on 02/02/00 at 5:00 P.M. 182 4 a) Sign must be.attached fiat against the wall of the building, must not proiect more than eiqhteen (18) inches from the wall of the buildinq and must not project above the eave or parapet of the buildinq. b) One square foot of siqn area for each linear foot of wall frontage with a door for public use. c) The wall siqn must not face the adiacent residentially zoned property, unless the si.qn is at least fifty (50) feet from the property line or the adiacent property is developed with nonresidential use and shall not utilize or incorporated flashing, movinq or intermittent illumination. '12A-3.3 Illumination of siqns: Illuminated signs shall be internally illuminated or backlit. 12A-3.4 Roof and portable siqns are not permitted. Section 12A-4 Parking Requlafions. The parking re.qulations for permitted uses are contained in Article 22, and in addition the followin.q requlations shall apply: 12A-4.1 Shared Access and Parking: City shall allow a twenty (20) percent reduction in the required number of parkinq spaces for a premises served by a shared access and parking aqreement, if each aqreement results in a reduction of allowable driveway approaches. The agreement must comply with Section 22-3.02. In the event the agreement is terminated, each development must comply with the parking requirements in force at the time of termination. The aqreement must be filed in the Nueces County Deed records. Section 12A-5 Off-street Loading Regulations. The off-street Ioadinq requlations for permitted uses are contained in Article 23, and in addition the fotlowin.q regulations shall apply: 12A-5.1 Delivery and loading areas shall not be located within fifty (50) feet of a property line abuttin.q a residential district. Section 12A-6 Heiqht and Area Regulations. The hei.qht, area, and bulk requirements shall be as set forth on the chart in Article 24. Section t2A-7 Supplementary Height and Area Regulations. Supplementary Hei.qht and Area Requlations are contained in Article 27. Section 12A-8 Supplementary Landscapinq Regulations. In addition to the landscape requirements in Article 27B, the followinq supplemental requlations shall apply: H:~I.~G.DIR\VERONICA~DDCURTIS~MYDOCS~000\P&ZON[NG.28~Z 12AB 1 A9.DOC Last saved by Doyle Curtis, Legal, on 02/02/00 at 5:00 P,M. 183 12A-8.1 Landscapinq shall be required for existinq structures when converting from a residential use to a non-residential use ref:lardless of any change in vehicular uses areas. 12A-8.2 Multiple-family residential, office or.commercial uses backinq up to a sinqle-family residential distdct shall require canopy trees to be planted on 30' centers and with a minimum caliper of 2" alonq and inside the required rear setback, but not within a utility easement. 1ZA-8.3 Require tree plantinq at 30 foot center in all front yards 12A-8.4 Increasinq the landscaping points to 0.04 points per square foot of street yard as outlined in Section 27B-7 (not including supplementary requirements) would allow an increase in the Floor Area Ratio by 0.1. Section 12A-9 Supplementary Site Design Regulations. 12A-9.1 All extedor li.qhtinq shall be directed and shielded away from adiacent residences and public dqhts-of-way. 12A-9.2 Restaurants in this district shall not have ddve-throuqh windows and must have direct access to an expressway, frontage 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 adjacent residential district. 12A-9.3 Hours of operation including loading and unloadinq of supplies or merchandise for commercial uses shall be limited between the hours of 6:30 a.m. and 10:00 p. m. when abuttinq a single-family residential district, 12A-9-4 A six {'6) foot high masonry fence shall be required where abutting a residential district." SECTION 2. 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 Day Care Facility. A facility that provides care or supervision for five or more persons 18 years of aqe or older who are not related by blood, H:kL EG-DI R\VERONICA',DDC U RTl S\M YDOC S~2000\P&ZONING.2 S~Z 12AB 1 Ag. Doc L~t saved by Doyle Curtis, Legal, on 02-/02/00 at 5:00 P.M. 184 6 mardaqe, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charqes for the services it offers. (i) This use may include an outdoor recreation area and separate access from the main buildinq to the recreation area. (ii) This use must comply with statutory licensin.q requirements. (iii) The persons beincl cared for or supe~ised under this use may 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-lA" 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. H:~,EG-DIR\VERONICA~DDCURTIS\MYDOCS~2000\PSaZONE~!G.~g~Z 12AB 1 Ag. DoC Last saved by Doyle Curtis, L~gal, on 02/02/00 at 5:00 P.M. 185 7 SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by reviskng Section 27-2.02 (by adding "B-lA" to the districts eligible for height modifications), to read as follows: "ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS "Section 27-2 Modification of Height Regulations "27-2.02 Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in an "R-lA", "R-lB", "R-lC', "R-2", "A-l", "A-lA", "A-2", "AB", "B-1', or 'B-lA" District may be erected to a height not exceeding 60 feet, and chumhes 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 5. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Section 27B-7.01 .B. (by adding "B-lA' to the list of zones), to read as follows: "Section 27B-7 o 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. "AB", "B-I"~ "B-lA", "B-3", "B-4", "B-5", "B-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\DDCURTIS\MYDOCS~2000\Pt~ZONING.28~Z 12AB 1A9.DOC Last saved by Doyle Curtis, Legal. on 02102/00 at 5:00 P.M. 186 8 SECTION 6. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, 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 8. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 9. 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 fome and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. H:'~LEG-DIR\VERONICA~DDCURTI S\MYDOCSk2000\P&ZON[NG.28~Z 12AB 1A9.DOC Last saved by Doyle Curtis. Legal, on 02Y02/00 at 5:00 P.M. 187 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the 25th day of January, 2000, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoda 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. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the Al-rEST: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scoff day of ,2000. Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti APPROVED AS TO LEGAL FORM: FEBRUARY 02, 2000: James R.,..[3ray, Jr..~City A~ttorney ~ Doyle I~Curtis Assistant City Attorney 9 H:~LEG-DIR\VERONICA~DDCURTIS\MYDOCS~2000\P&ZONING.2g~Z 12AB 1A9.DOC Last saved by Doyle Curtis. Legal, on 02Y02/00 at 5:00 P,M. 188 AGENDA MEMORANDUM DATE: January 28, 2000 SUBJECT: Glen Arbor and Crossgate Subdivision Drainage Improvements (Project Nos. 2042 & 2062) . AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Hunt Contractors, Inc. for a total fee not to exceed $492,530 for the Glen Arbor and Crossgate Subdivision Drainage Improvements. ISSUE: Areas of 'the Glen Arbor and Crossgate Subdivisions experience excessive floe, ding during rains due to inadequate drainage facilities. FUNDING: Funds for this project are available in the FY99-00 Storm Water Capital Projects Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. V~a~erie I'~P.E. / Storm Wated Superintendent 'a~ 15,.'Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit "A" Background InformatJon Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map 189 BACKGROUNDINFORMATION SUBJECT: Glen Arborand Crossgate Subdivision Drainagelmprovements (Pr~e~ Nos. 2042 & 2062 PRIOR COUNCIL ACTION: 1. February 9. 1999 - Motion authorizing the City Manager, or his designee, to execute a contract for engineering services with J. R. Thompson Engineering for a total fee not to exceed $405,500 for the Glen Arbor and Crossgate Subdivision Drainage Improvements, Mary Carroll Channel Widening from Rodd Field Road to Oso Creek, Drainage System Water Quality Improvements, and Sanitary Sewer Installation in Developed Areas: Bass Subdivision (Motion No. M99-040). July 20. 1999 - Approval of the FY99-00 Capital Budget (Ordinance 023703). PRIOR ADMINISTRATIVE ACTION: 1. March 15. 1999 - Geographic Information System (GIS) Data Sharing Agreement between J. R. Thompson and the City of Corpus Christi. 2. April 5, 1999 - Amendment No. 1 to the contract for engineering services with J. R. Thompson to clarify the intended scope of work (no increase in contract price). 3. May 6, 1999 - Amendment No. 2 to the contract for engineering services with J. R. Thompson in the amount of $10,000 providing additional services related to the Crossgate Channel Water Quality Improvements project. BACKGROUND INFORMATION: Glen Arbor Subdivision, located north of Holly Road and east of South Staples, has inadequate drainage facilities, causing excessive flooding during rains. Crossgate Subdivision is located just west of South Staples, almost mid-way between Saratoga and Yorktown BIvds. Its existing drainage system is insufficient to serve the area. PROJECT DESCRIPTION: The work includes installation of reinforced concrete pipe, manholes and inlets to improve drainage at the Glen Arbor Subdivision. The project also consists of new connections to the outfall improvements completed under the Holly Road Phase 2 project. Crossgate Subdivision improvements include increasing capacity, providing parallel relief storm sewers by extending storm sewer pipe, and adding inlets. BID INFORMATION: The project consists of a base bid and three additive alternates. Proposals were received from nine (9) bidders on January 19, 2000. Bids ranged as follows: Base Bid = Additive Alternate No. 1 = Additive Alternate No. 2 = Additive Alternate No. 3 = $463,730.00 to $673,297.75 $11,000.00 to $17,740.00 $4,500.00 to $16,000.00 $8,800.00 to $26,400.00 190 J EXHIBIT "A" J Page 1 of 2 Hunt Contractors, Inc. of Edna, Texas is the lowest responsive bidder for the base bid and additive alternates. The City's consultant, J. R. Thompson, and City staff recommend that Hunt Contractors, Inc. be awarded the construction contract in the amount of $492,530. The contractor will begin construction at both sites in mid-March and work concurrently utilizing a minimum of two separate construction crews. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated in September 2000. I EXHIBIT "A" J H:~HOME~VELMAR~,GEN~DRAINAGE~2042~,AGENDA BKG 1 9 1 Page 2 of 2 GLEN ARBOR AND CROSSGATE SUBDIVISIONS DRAINAGE IMPROVEMENTS (PROJECT NOS. 2042 & 2062) Project Budget February 3, 2000 FUNDS AVAILABLE: Glen Arbor Glen Arbor Subdivision ......................................................... $380,000 Crossgate Subdivision ................................................................. Crossgate Total 380,000 285,000 285,000 Total $380,000 $285,000 $665,000 FUNDS REQUIRED: Construction (Hunt Contractors, Inc.) .................................... $283,655 208,875 Contingencies (10%) ............................................................. 28,365 20,890 Consultant (Thompson Engineering) ................................... 28,000 26,000 Administrative Reimbursements ............................................ 2,840 2,090 Major Projects ....................................................................... 11,500 9,000 Survey ................................................................................... 2,880 2,120 Construction Inspection ........................................................ 14,180 10,440 Testing .................................................................................. 4,025 2,975' Advertising, Printing & Incidential ......................................... 860 640 492,530 49,255 54,0OO 4,930 20,500 5,000 24,620 7,00' 1~50b Total ...................................................................................... 376,305 283,030 659,335 Page 1 of 1 192 DLPARI MATT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI IAR(ILA I ED RY. 1. It. I HOMPSON P.E. Pmlmt Consulting Eneinccr DAL. IANI IARY 19, 2000 TIME OF COMPLETION: 180 DAYS Engineers Eslinme: 5482,815 (iLIIN AItIH)K AND I'KOSSGA'11: SI IIIDIVISION DRAINAGE IMPNfIVFMGNT51999 1'mjcU Nos. 20422062 III INTCONTRACIORS, INC 1'.0. ROX ON, 1i INA. T1'.XAS 11957 PAPE& PAIS ENTERPRISES, INC SNI VAI LEYWOOD Poll; WOODI.AND.S, IFXAS 7D8O KIN(idSI.I;S. INC. 1641 COI .INS 'ION ROAD CORMISCIR(ISfL ItXA\1X49'1 Il'FM UI[5('llll'11UN QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT IINI'f PRIC1' AMOUNT- PROJECT 'A"CROSSGAIE SIIRDIVISION AI 48" RCP, completeand in place per linear fool 125 L . $135.00 $16,875.00 594.00 $11,75000 $175.00 $21,87500 A2 27' RCP,complete and in place, per linear fool 1550 L . $50.00 $77,500.00 $44.00 $68,20000 $54.50 $84,475.00 A3 I B' RC P. complete and in place, per linear fool 525 L $3000 $15,75000 532.00 $16.800.00 $3200 516,800.00 A4 ISW 11, complete and in place. per linear fool 125 L . $28.00 $3,500.00 $29.00 $3.62500 $2')(10 $3,6251X1 AS 15'DOPE, complete and in placgpa line., foot 100 L.F. $3000 $3,00000 $49.00 54,900.00 525.00 $2,50000 A6 lunaion Uua. complete and in place, per each 2 Each $4,400.00 $8,80000 $3,300.00 $6,600.00 $4,25000 SUN)0 A7 Iype A Manhole, complete and in place. per each 9 Each 51,15000 1 $10.35000 $1,20000 110.80000 1 51,615 M1 $15.075 IN) AN lypc D Marl n I.. u.mplcle and in place. Per cad. I Fach $1,30000 $1,301110 $2.5001X1 $2.500 INN $2,1IN) I'll S2.INLIN, AV Curb Inlet, emnplete and in place, per each 6 Each SI,Np.W 56,000.00 51,200.00 $7,20000 51,075.00 $6,450.00 A10 Grale Inlet, con.plde and in place, per each 1 Each $850.00 $85000 $65000 565000 SS50.N1 $8511.00 All Rip Rap Outfall Sbunure, complete and in place, Wu cs I Each $2.80.00 52.800.00 12,400.00 12,400.00 $1,25000 SLIM INN ALI Curb&Gaiter. complete and in place, per linear lout 350 L . $12.50 14,375.00 $11.00 $3,850.00 516.00 556(10.00 A13 Sidcwalk/Owmay/ Valley Gutter Removal& Rcphi cenert, per square fool 200 S.F. $7.50 $1,50.00 $5.00 stpu 0 13.50 $10000 Asphalt Pavement Repair IN. trench width), complete and in place. Per linear foot 2675 L.F. $6.00 516,05000 $16.00 $42,800.00 $1600 542,800.00 F16 Bench Safety. complete and in place, per linear fool 2425 L.F. $100 32,425.00 5100 $2.425.00 $1.011 52,42500 SVmedinc AAl'ntnc'n6 complete and in place. per each 8 Each 32,600.00 120,800.00 $2,000.00 $16,00000 SLAW INN $11,2Oo INN Oanm 1)", Pcr can. 1 Each S2,600.00 52,600.00 31,000.00 51,000.00 $1 CHI $ERC C'ROSSGATE SUR70TAL 5194,475.00 1202,500.00 5226.224 W Page f tD A PROJECT"P'GLEN ARBOR SUBDIVISION I BUNT CONTRACTORS. INC (Cort) PATE& PATE ENTERPRISES (Cont) KING ISLES (Count III 16' RCP, co"Icle and in place per linear fool 900 L.F. S80.00 $72,00005 562.00 $55,800.00 572.50 $65,25000 112 24' RCP,complele and in plan, per linear fool 1375 L.F. $45.00 $61,875.00 $40.00 $55,00000 $4700 $57,750 W B3 I B' RCP, complete and in place. Per linear foot 925 L.F. $3000 $27,750.00 $3100 $28,67500 S36.50 533,762.50 114 15' RCP. camplee and in place, per linear fool 275 L S290 $7.70.00 52900 57,97500 $29.00 S7975W BS typeAManhole. ew,plete and in place, per cash 16 Each 31,130.00 $18,08000 51,300.00 $20,800.00 $1.550.00 $24,80D.W 116 Curb Intel. compldc and in place, per each 14 Each 51.00000 514,00000 $1.00000 314.0011.110 51.050011 $14.700181 117 Curb &(Ionics, complete and in place, per linear 1'un 400 LF. $12.50 S5,000.W $11.00 $4.4W.W 51601 10.40401 IIB SiJcwalk/Driveway/Valley Ginter Removal& Rcplac<mcnl, per sgwre fool 750 S.F. S7S0 $5,625.00 $500 $3,150.00 $5.25 $3.917.50 119 Asphalt Paveircm Repair (a bench width), ennTi and in place, W lineae food 4225 L.F. $6.00 525,35000 $16.00 567,600.00 SMOG $61.375.00 1110 Trends Sarei, complete and in place, per linear fool 3475 L.F. $100 $3.475.00 Moo $3.47500 $100 SJ.475.INt 1111 Wmcflh.c Adrysmscut, wmplde and in place, per each 3 Each S2.60D.00 $7,800W $2,000.0 $6,00000 Si Aooko $4120000 B12 Oaane Day, parcaeh 1 Each S2.600.W S2.600.W $1,000.00 $1.000.00 $100 $I.W B13 Allowance for the extension of storm sewer If.. with nu.hnIc and inlets in Bonner Drive 1 L.S. SI8.000.00 $18.000.00 SI8,000.00 SI8.0110.00 518.00,00 $1 S.000.W (11. I ARBOR Still 101AL • $269,255.00 5286.475.110 $303.621.01 TOTAL BASE BID 5465,730.00 1455,975.0 $529,851.00 AAI Curb &Goner, complete and in place, per linear fool IM L.F. $12.50 $12,500.00 $11.00 $11,000.00 $15.00 $15,000.00 AA2 Sidewalk/Driveway/ Valley Goner Remavel& Replacenicnt. per square fool 1000 S.F. $7.50 S7,5W.00 $5.00 $5.000.00 54.50 $4.500.00 AAJ Asphalt Pavement Repair(. bench width). complete and in place, per linear foal 1100 L.F. $8.00 $8,800.00 $16.00 $17.600.00 $13.00 51640000 Error in Sub total / 1 • ,s not affect Total Base Bid Page 2 DEPART MEN'r OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI 1'ADULATEDBY: LR. I HOMPSON P. E. Pmjecl Consulting Engineer DATE: JANUARY 19,2000 TIME OF COMPLETION: 180 DAYS GLEN ARBOR AND CROSSGATE SUBDIVISION DRAINAGE IMPROVEMENTS 1999 REESE CONTRACTING, INC P.O. BOX 8352 CORPUS CHRISTI, TEXAS 78468 HIS CONSTRUCTION, INC P.O. BOX 8354 CORPUS CHRISTI, TEXAS 78468 •IHAOORES CONST RUCTION CO. INC. 4645 ARLENE CORPUS CHRISTL TEXAS 78411 ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT"A" CROSSGATE SUBDIVISION At 48' KV, emnplele and in place per linear fool 125 L.F. SI00.W $12,500.00 5137.00 $17,125.00 $00.00 S11,250DO A2 27' RCP,emmplem and m place, per lint., Coat 1550 L.F. $47.25 $73,23730 S45.00 $69,75000 $46.(x1 171,30JI 10 A3 18" K( 1'. mW in plata per l ineu, font 525 L.F. $4075 $21,393]5 $31.00 $16,27500 SI000 IN 5,750 On A4 15' NC P, mmplele and in place, per linear foot 125 L.F. $38.75 $4,843.75 53900 54,87500 $3000 $6,250.00 A5 15'IIDPE,rompletc;md m id.ce.perlinear foal 100 L.F. 33695 $3.69300 53800 $3,800.00 SIW.W $10.000.00 A6 loncOsm Box, complete and in place, pee each 2 Each $2,81500 $5,63000 $5,600.00 $11,200.00 $4,50000 $9,000.00 A7 Type A Manhole, complete and in place, per each 9 Each 52,000.00 $18.000.00 $1,960.00 $17,640.00 S3,OW 00 S27,00i A8 Type B Manhole, complete and in place, per each 1 Each $2,300.00 5230000 $3,500.00 $3,500.00 $3.50100 $3,50000 A9 ('orb Intel, complete and in place, per each 6 Each SL2%00 S7,5WOO S2.00,00 514,580.00 12,01)(1W $12,000 NJ AID Gram Inlet, complete and in phre, peraeh I Each $1.360.00 $1,360.00 $2,270.00 $2.27000 51,800.00 $11800011 All Rip Rop OutBll Structure, complete and in place, tach I Each $2.50000 $2.500.00 $2.445.00 $2.445.00 S2,5W.W S2.500.00per Al2 t'urh R Gunn, con'ph,h, and in puce, per linear Ibml 350 L.F. $15.50 15,425.00 515.80 $5,53000 $USO S4,725N) A13 Sidewalk I Ohcwey/ Valley Goiter Remov.l& Ruplamnr:nt, per sq.." foot 200 S.F. $12.50 $2.500.00 56.30 51,2W.W $OW 51,201100 AI4 Asphalt Pavement Repair(. trench width), complete and in place, per linear foot 2675 L.F. 515.00 $40,125.00 $12,00 532,100.00 $15.00 $40,12500 A15 Trench Safety, complete toolm place, per linear fmmt 2425 L.F. SI00 $2,425.00 $2.80 $6,790.00 $1.00 $2,425,00 A16 Waterline Adjustment, complete and in place, per each 8 Each $2,825.00 $22.6W.000 $3,554.00 S28,432.00 $2,00000 516,000.00 A17 Ozone Day, per each I Each $250.00 525000 SIA00.W SIAW.W $0.00 $OW CROSSGA TE SUBTOTAL 5226,28500 $238,972.00 5234,823 W Page 3 A PROJECT"11"GLEN ARBOR SUBDIVISION I REESE CONTRACTING (Cord) II IS CONSTRUCTION (Com) v111ABORFS CONS I' RI If 11GNCO.(CouO 111 36^W'1% couvkw and in place per lirwar(ool 900 L.F. $68.75 561,875.W $6800 $61,20000 570.00 S63.000 RI 112 24- R('P,complele and in place, per linear foot 1375 L.F. 54300 559,12500 $4000 $551000 DO $4500 $61,875.181 III I8'RCP,cmup1etean1 in place, per linear foot 925 L.F. $38.50 $33,612.50 $Hoo $28.67500 SLOW 527,75O.W B4 15" RCP, complete and in place, per linear foot 275 L.F. $38.50 $10,587.50 $42.00 $11.550.00 $5000 $13,75ON BS Type A Manhole, complete and in place. per each 16 Each $2,000.00 572,00000 $1.96000 $31,36000 51.000.00 $48,00000 B6 Curb Inlet, complete and in place, per each 14 Each $115000 117.31)(1.00 52,10000 $29,400,00 52.000.00 $21LOW00 07 Curb &Gutter. complete and in place. per linear Pool 400 IL F. 515.50 56,20000 $15.80 $6,320.00 $13.50 $5,400.00 De Sidewalk I Driveway I Valley Gone, Removal& Replacement, per square foal 750 S.F. 512.50 $9,775.00 $6.70 $4.72500 $6.N $4,50000 n9 Asphalt pavement Repair(. lumch width), complete and in plan, per Imo. fool 4225 1- F. $I$.N $63,773.00 $12.00 $50,70000 51500 541,373.00 Pilo Trench Safely, cnmplem and in place, Is linear Piot 3475 1, F. $LN 53,47500 $2.80 $9.730.00 52.181 56.9511Ou 1111 Waml Adynsmcnl, complete and in pbe,pc, each 3 Each S3.00O.W $9.woW $1.554.00 510.662181 $20lis Il0 $6.01HI oil B12 Wore Day. µr tech I Each $250.00 $250.00 51,400.00 S1,40040 SO.N $000 013 Allowance for The extension ufsImm sewer line with manhole and inlets in Bonner Drive I L.S. $18,000.00 $18,000.00 $18,000.00 $IB,ON.00 $18.000.00 $18,000.00 GLEN ARBOR SUBTOTAL $326,37500 $318,722.00 $346,600.W TOTAL BASE BID $552,660.00 $557,694.00 •5381.425.00 AAI d in place, Mr linear 1Curb&Buller, complete any 1000 L.F. $1500 $15,000.00 $13.80 $15,80000 $11.50 513.500181 AA2 ,m Si&w kcIlmvw. /V.11 t4ter Rcmoval& nc 1000 S.F. 512.50 SI2,5Wm $6.10 $670000 Su oil S1,1004) UP AA3 Asphalt Pavement Repair (x trench width), complete and in place, per linear foot PIN LF. 515.00 $16,500.00 $12.00 S0,200.00 515.00 $16,500.00 a Non Responsive Bid due 6s insufficient Bid Bond - listed for informational purposes ouly Page 4 DEPART MI. NT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI TABULATED BY: I R. II IOMPSON P. E. Project Consulting Engineer DATE: IANOARY 19,21100 TIME OF COMPLETION: ISO PAYS GLEN ARBOR ANDCROSSGATE SUBDIVISION DRAINAGE IMPR ITEM I DESCRIPTION PROIECT "A" CROSSGATE SUBDIVISION At 48- RCP, complete and in place per linear fool A2 27- RCP,complete and in place, per linear fool A7 18" RCP, complete and in place, per linear fool A4 15" RCP,complete and in place, per linea, foot AS 15" IIDPL. complete and in place. per linear fool A6 Junction lka, compine and in place, per each A7 Type A Manhole, complete and in place. Per each A8 Type Is Manhole, enwicle and in place, per each A9 ('orb Inlc1, c.nipicts and in place, per such A10 Grate Inlet, complete and in place, per each All Rip Ra Outfall Structure, complete and in place. per cac1, Al2 Curb &Gutter, complete and in place. per linear foot AI7 Sidewalk f Driveway f Valley Gutta Remit, Replacement, per square foot A14 Asphalt Pavement Repair Is trench width), cOmplel6 and in Place. per fic. Teck AIS Trench Safety, complete and in place, per linear (001 A16 Wmcrline Adjustimnt, complete and in place, Per ucb AI7 OzarnUuy, Per cash I CR(ISSIIA Ili SUBTOTAL W k n 3' Oil Q 0 rn 0 OVEMENT51999 BERRY CONTRACTING, LP P O. BOX 9908 CORPUS CHRIST], TEXAS 78469 QUANTITY I UNIT UNIT PRICE W. T. YOUNG CONSTRUCTION CO PO. BOX 9197 CORPUS CHRIST[, TEXAS 78469 AMOUNT I UNIT PRICE 125 L.F. 510400 $17,00000 1550 L.F. $47.00 $66,65000 525 L.F. $28.00 314,70000 125 L.F. $61.00 $7,625.00 IN L.F. $4200 54,200 00 2 Each $4,300.W $8,600.W 9 Each $2.9W DD $26, IN 00 I Each 34,67000 54,670.W 6 Each $1,92000 $11,52000 I Each 5970.00 $970.00 1 Each 51,550.00 51,550E 550 L.F. $22.00 57,700.E 200 S.F. $15.00 37,0(00.00 2675 L.F. $2800 $61,525.00 2425 L.F. $0.82 51,988.50 8 Each $7,7EW $29,6N ED 1 Each $128.00 $128W 3267.526.50 Page 5 BRACCO CONTRUCTION CO P.O. BOX 7067 COKPIM CHMSTI, TEXAS 7X41)5 AMOUNT I UNIT PRICK I AMOUNT' $146.00 $18,25000 $160.55 $20,06875 $57.00 $88,750.00 $47.01 $66,665.50 $4500 52742500 574.72 88,72800 $6100 $7,625.00 $41.60 $5,200.011 $70.00 I7,DD0.00 38770 $8,770011 $7.600.00 $7,200.00 $5,617.50 $11,275.W $2.25000 520,250.00 f $7,540N $71,860.00 $3,300 Be $3.300.00 $4.117500 $4,875181 51.400.E $8.4W.00 $7.275.O1.1 519,650.00 $2.000.00 $2,00000 52,754.00 $2,75400 52,800.00 $2,500.00 $5,596.00 35,594E 516.00 $5,600.00 $25.U2 $8,757.00 $16.00 $7,2E 00 _ $17.72 $2,664.00 SI9.E 550,825.E $15.24 540,767.E SI00 52.425.E $1.25 $3,071.25 $4,77500 578,200.E 51,94]18) $15,576181 $20.00 $20(00 57,2E U0 $3,200.181 N PROJECT "it" GLEN ARBOR SUBDIVISION BERRY CONTRACTING (Count) W. T. YOUNG CONSTRUCTION (Com) BRACCO CONSTRUC'I'ION (Com) BI 36' RCP. complete and in place per linear food 900 1 L.F. $63.00 $56,700.00 $73.00 $65,700.00 $84.07 575,663.00 02, 24' RCP,complcle and in plate, per linear foot 1375 L.F. $39.00 $52,230,00 $3900 553,625.00 $47.90 565.862.50 133 Ot-RCP, complete and in place. Per linear fool 925 L.F. $31.00 $29,675.00 $32.0 $29A0.0 $40.70 $37,647,50 But 15'RCP. complete and in place, per linear fool 275 L.F. 541.00 $11,275.00 $44.50 $12.2375D $8002 522,005.50 BS 'Type A Manhole, complete and in place, per each 16 Each 11.000.00 848,000.00 $2,200.00 $35,20.00 $3,54000 $56.64000 06 Curb Inlet complete and in place, Per eaeh 14 Each $1.600 DO $22.400 $2.00.0 828,00.0 $3,275.011 $45AMOKt 117 Cud, &Guuer, complete and in place, per linear IWI 40 LF. $23.W $9,20.0 516.0 S6,400 DO 51714 57,006IN) 139 Sidewalk/Rrivewsy/ VsIlfy Guuer Remwl& Pcplacenent per tquue Pods 750 S.F. 5000 $10,500.0 $100 $7.500 $11,50 58,6251NI 119 Asphalt Pavement Repair (xtrench width), atmpine and m place, per linear fool 4225 LF. $20.0 384,50 .0 51900 $90,27500 $12.52 $52,89700 RIO Trench Safely, complete and in p[... Per linear foul 3475 L.F. 5082 $2,849.50 SI.O $3,475.0 M25 $4,34775 Oil W,Kdnc Adjumnucml, complete and in place, per aeh 3 Each $3.70.0 511,10.0 $4.775.0 $14,325.0 $2,3100 $6,93000 012 Ozone Day, Pc' each 1 Each $128.0 51280 $20.0 $20.0 $2,8000 $2.00 00 1113 Allowance Tod the axlenricm of atoms sewer line with manhole and Inlets in Bonner Wi e I L.S. 518.000.0 818.000.0 1118,000.0 818,011000 518,00.W 518,000 6117N AR13OR St111TOrA 1. $355,577.50 5354,537.50 5404.3(4125 101 At, BASE IIID $619,104.00 $643,187.56 $673,297.78 AAI Curb &Guuer, complete and in place, per linea! fmt 100 L.F. 524.0 $24,00000 $16.0 $16,000.0 $17.74 517.7400 AA2 Sidewalk l Driveway/ Volley Gutter Removal& Replacement, per square fml 100 S $160 $16,0W.0 5100 $10,000.0 SIL24 $11.24000 AA3 Asphalt Pave at Repair (% wench width), ce"Ith: and in place, per lion, food 110 L.F. S24,00 $26,40.0 $19.0 $20,9(10.0 512.53 $27.772.0 Page 6 $OLJTH PADRE 1' SI--AND DR~:VE I ] 0 SITE ARBOR SUBD'r V ]: $ ]; ON DRA'r NAGE T lv~ROVE~8199 -- E:Xl-fZ~Z7' "D" CZTY ~ZL. E:XI"fZBZT ~ Oeoar~men~ of Engineering Services SCALE: l'~ 600' ~VD. ~Wy. SITE CROSSGATE SUBD T V ! S T ON DI=IA TNAGE TMPROVlEMENTS 200 CITY COUNCIL AGENDA MEMORANDUM February8,2000 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to enter into an agreement with the Nueces River Authority for services related to regional water resources planning, protection and development activities, at a cost not to exceed $42,000 in FY 1999-2000, with future year costs subject to appropriation. ISSUE: On February 17, 1998, the City Council approved an "Inteflocal Agreement for Regional Water Planning Activities" (Agreement) between the City of Corpus Christi (City) and the Nueces River Authority (Authority). In this agreement, the City and Authority pledged to participate in a coordinated effort to maximize the benefits of regional water planning to secure adequate water for the Region. This agreement set the stage for the Nueces River Authority to establish a new Coastal Bend Division, with offices in Corpus Christi, to assist in both the Senate Bill 1 (SB 1) Regional Water Planning Program for the Coastal Bend planning area, and in other water resource protection and development activities of benefit to the City of Corpus Christi and the regional water supply. In addition to facilitating the SB 1 regional water planning activities, the Authority has, over the last several years, entered into several agreements with the City to provide other services associated with the protection and development of regional water resources. Under these agreements, the Authority has provided the City with information and assistance on issues and projects that are of importance to the City's regional water supply system, such as freshwater inflows to the bays and estuaries, desalination technologies, interregional water resources development, and water quality monitoring and protection. The proposed "Interlocal Agreement for Regional Water Resources Planning, Protection and Development Services" would provide for the continuation of the Authority's role in assisting the City in maintaining a safe, dependable, affordable water supply for the Coastal Bend region. BACKGROUND: (See Attached) IM~PLEMENTATION SCHEDULE: The "Preliminary Phase" of the agreement would begin immediately upon execution of the agreement and will cover the period through the end of the 1999- 2000 fiscal year (July 21, 2000); subject to annual appropriations, the agreement would then extend from August 1, 2000 through July 31, 2005. 201 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Previous Agreements: The City and the Authority have developed both contractual and de facto partnership arrangements for specific projects in the past, including the Choke Canyon Reservoir project and the Lake Texana to Corpus Christi Water Pipeline project. The City and the Authority have also jointly sponsored several regional water planning studies, have cooperated in efforts to develop a reasonable fresh water inflow operating plan for the Choke Canyon/Lake Corpus Christi reservoir system, and have worked together in numerous instances to protect water quality in the Nueces and adjoining coastal basins. These joint planning activities have served to benefit Coastal Bend water interests. On February 17, 1998, the City and the Authority entered into an "Interlocal Agreement for Regional Water Planning Activities" (M98-034) wherein the City and the Authority pledged to "participate in a coordinated effort to maximize the benefits of regional planning to secure adequate water for the Region". Through this agreement, the City supports the Authority's role in facilitating regional water planning in general and the development of the SB 1 regional water plan for the Coastal Bend in particular. At its first formal meeting, the Coastal Bend Regional Water Planning Group (Coastal Bend RWPG) designated the Authority to be the political subdivision that will hold contracts and administer grant funds on behalf of the Coastal Bend RWPG and to provide administrative support for the SB 1 regional water planning program. The Authority created a new "Coastal Bend Division" with offices in Corpus Christi, to provide these services to the Coastal Bend RWPG and to offer greater levels of service to the City of Corpus Christi and other water interests in the region. Under an "Intergovernmental Cooperation Agreement on Regional Water Resources Development" approved by the City Manager March 12, 1998, the City provided the Authority with funding through the end of FY 1997-98 to assist the City in several on-going projects related to identifying, evaluating, and developing potential sources of additional water supply for the Coastal Bend area, coordinating activities related to these projects, and providing regular information and reports to City staff and the Corpus Christi City Council. On August 25, 1998, the City and the Authority entered into the "Interlocal Agreement for Regional Water Planning Services" under which the City funded the Authority to provide services associated with the protection and development of regional water resources. This agreement covered the period of September 1, 1998 through August 3 I, 1999 and compensated the Authority in the amount of $60,000. Under this agreement, the Authority worked with City staff to identify, monitor and report on issues and projects of importance to the regional water supply system, such as freshwater inflows to the bays and estuaries, desalination technologies, water quality monitoring and water supply development. The Authority also provided public outreach on water issues within the City's service area outside the Corpus Christi city limits, identified and developed private and state funding for regional water resource investigations and participated in water supply development planning at the inter-regional level. 2O2 SUMMARY OF PROPOSED INTERLOCAL AGREEMENT Term of Agreement: The "Preliminary Phase" of the agreement would cover the period through the end of the 1999-2000 fiscal year (July 21, 2000). Subject to annual appropriations, the agreement would then extend fi-om August 1, 2000 through July 31, 2005. Payments: During the Preliminary Phase of this Agreement, the City shall pay $42,000 to the Authority, in equal monthly payments. Payments beyond the current budget year are subject to appropriation. The Authority shall meet with representatives of the City each year prior to the initiation of the City's budget preparation process to develop a specific work plan and budget for the upcoming fiscal year. The annual work plan and budget, as approved by the City Council during the budget process, shall establish payments by the City to the Authority for each of the five years following the Preliminary Phase. Deliverables: City staff worked with the Authority to define a set of deliverables for the preliminary phase of the proposed agreement. Prior to July 31, 2000, the Authority would: a) assist City staff in the coordination and development of a long term strategy to address water resources management issues for the Choke Canyon/Lake Corpus Christi Reservoir/Lake Texana Reservoir System; b) prepare a briefing paper to assist City staffin identifying and defining potential benefits for the transfer of title to Choke Canyon Reservoir fi-om the federal government to the local project sponsors and to develop a sWategy for achieving title transfer, if so directed by the City; c) prepare a briefing paper to assist City staff in planning and evaluating potential projects designed to maximize the benefit of freshwater resources available for the Nueces Delta/Estuary system and assist City staff in coordinating contracts for monitoring and other activities in the Nueces Delta/Estuary System; d) coordinate with City representatives regarding the development and implementation of a regional water resources data management system; e) assist City staffin monitoring regional water planning activities in regions outside the Coastal Bend area and identifying oppommities for interregional water resource development projects that benefit the City's service area; f) monitor and identify state, federal, or private funding opportunities for regional water resources development; and g) continue to investigate environmental and water quality issues related to the Choke Canyon/Lake Corpus Christi/Lake Texana Reservoir System. The Authority shall report its activities under this Agreement to the City's Water Superintendent through monthly briefings and written quarterly reports. The Authority shall also provide written reports and oral presentations to the City Council as requested. Purpose: By approving the "hiterlocal Agreement for Regional Water Resources Planning, Protection and Development Services") the City would be entering into a long-term cooperative arrangement with the Authority to jointly carry out activities that are of vital importance to the City and water users in the City's service area. The Nueces River Authority would be committing to working on behalf of the City and the water users in the region to protect and develop regional water 203 resources. This cooperative effort would effectively and efficiently allocate and coordinate available staff resources of both the City and the Authority to address water issues important to the Coastal Bend region. Funding: The activities proposed under this Agreement have historically been funded through the annual budget of the City's Water Supply Development activity. These expenses, along with other expenditures for mw water supplies, are included in the "mw water pass-through rotes" that recover costs on an equitable basis from ail the water users throughout the City's service area. The Authority will work with City staff to develop an annual budget and extended work plan for services under this Agreement. This work plan would be incorporated in the Water Supply Development budget presented to the City Council annually. Wherever appropriate, the budget document would identify where the local cost of the regional water management activities have been reduced by securing state, federal or private funding sources, or where local funds have helped to leverage outside funding SOUrCes. After approval and inclusion in the budget, annual funding for this Agreement would be administratively approved by the City Manager prior to each annual renewal during the five-year term. If the Authority or the City obtain funding from outside sources to cover any of the expenses originally provided by the City in the annual budget, the City would have the right to request additional services from the Authority during that budget year, up to the original level of City funding. Additional services beyond the scope of the approved annual budget and work plan will be conducted by the Authority, at the request of the City, for an additional funding amount agreed to by the Authority and the City Manager. Administration and Coordination: Responsibility for the administration and coordination of activities related to the proposed Agreement would reside with the Water Superintendent and the Deputy Executive Director for the Coastal Bend Division of the Nueces River Authority. Conclusion: This Proposal continues and expands existing agreements between the Authority and the City, cord'm-ns a long standing partnership, and provides funding to sustain important water resource protection and development activities. City staff believes that with the support of the Authority, resources would be most effectively and efficiently allocated to coordinate and address water issues important to the Coastal Bend region. Eduardo Garafia, P.E., Water Superintendent 204 RESOLUTION AUTHORIZING TH~ CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NUECES R/VER AUTHORITY TO PROVIDE REGIONAL WATER PLANNING, PROTECTION, AND DEVELOPMENT SERVICES FOR AN INITIAL PERIOD OF FEBRUARY 8-JULY 31, 2000, WITH THE OPTION TO EXTEND FOR UP TO FIVE ADDITIONAL CITY FISCAL YEARS, SUBJECT TO ANNUAL APPROPR/ATION. " WHEREAS, it is in the best interest of the City of Corpus Christi and the entire coastal region to insure the quality of our water by properly planning and managing our water supply and delivery systems and all wastewater systems that may have an impact on those systems; and WHEREAS,the City of Corpus Christi believes it is in the best interest of its citizens and those of the Coastal Bend region that proper planning for water and wastewater should be performed on a regional basis; and WHEREAS, the Nueces River Authority has the ability to provide regional water planning, protection, and development services for the City of Corpus Christi. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager. or designee, is authorized to execute an Interlocal Agreement with the Nueces River Authority to provide regional water planning, protection, and development services for an initial period of February 8 through July 312000, with the option to extend for up to Five additional City Fiscal years, subject to annual appropriation. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Samuel L. Neai, Jr.. Mayor Legal form approved on .5 .~3Lt.t._a.~.. ,2000; James R. Bray, Jr., CiD' Attorney. 0 H: LEG-DIR VERONICA ALISON ORD00 $00 AGORD00 818 205 17 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION JOINT MEETING WITH CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION DATE: TIME: PLACE: Tuesday, February 8, 2000 During the meeting of the City Council beginning at 2 p.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President John Longoria and President Betty Jean Longoria call meetings to order. 2. Secretary Armando Chapa calls roil. CCHFC CCCIC Board of Directors Board of Directors Officers John Longoria, President Mark Scott, Vice President Javier CoJmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Samuel L Neal Jr. Betty Jean Longoria, President Rex A. Kinnison, Vice President Javier Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L Neal Jr. Mark Scott W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Mary Sullivan, Treasurer Michael Had:y, Asst. Treasurer 3. Approve Minutes: CCHFC- July 27, 1999 CCClC - November 16, 1999 4. Financial Reports. 5. Report on 4000 by 2000 Activities of the CCHFC and the CCCIC. 6. Introduction of the new $19.3 Million Mortgage Credit Certificate (MCC) Program. Appointment of Loan Review Committee Members. Public Comment. 9. Adjournment. 2O7 TO: FROM: DATE: SUBJECT: MEMORANDUM John Longoria, President of Corpus Christi Housing Finance Corporation Betty Jean Longoria, President of Corpus Christi Community Improvement Corporation W. Thomas Utter, Assistant City Manager February 2, 2000 Request for Joint Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) and Corpus Christi Community Improvement Corporation (CCCIC) on February 8, 2000 I am requesting that a joint meeting of the Corpus Christi Housing Finance Corporation (CCHFC) and the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of February 8, 2000 to hear an update on the accomplishments of the Corpus Christi Housing Partnership through January 31, 2000, to introduce the new $19.3 million Mortgage Credit Certificate Program for the community, and to appoint Loan Review Committee members. Update on the Corpus Christi Housing Partnership: In July 1996, the CCHFC and the CCCIC, together with a number of groups within the City, established the Corpus Christi Housing Partnership and set the goal of assisting 4,000 units within the City of Corpus Christi by the end of the Year 2000. While this was a very large goal, the partnership felt that working together, we could achieve this high level of activity. I am very pleased to report that as of January 31, 2000, 3,889 units have either been assisted or are in the process of being assisted. While these numbers we feel are extraordinary, the amount of funds, including some for administration of homeless programs, has amounted to over $82 million. all of which comes from various grant fundings. I have attached a copy of a breakdown of t[ programs since July 1996. Note that the new Mortgage Credit Certificate Program and two ney, HOME construction projects are underway at this time. Since 1980, the CCHFC has had a continuum of mortgage assistance programs for first-time homebuyers. We are very pleased to announce that on January 31, 2000, all of the paper work was completed through the Texas Bond Review Agency in order that the CCHFC can proceed with a new $19.3 million Mortgage Credit Certificate (MCC) Program. For qualified first-time homebuyers, this program allows a 25% tax credit on mortgage interest paid. This, in effect, reduces the interest rate by 25%. Our previous MCC Programs have been highly successful throughout the community. I would like to take this opportunity to thank the mortgage bankers throughout the City and the Board of Realtors who are the real salespersons for this program. I have attached a copy of the handout brochure for the new MCC Program. Appointment of Loan Review Committee Members: All of the rehabilitation loans flowing through the CCCIC are packaged by City staff and are submitted to an independent Loan Review Committee made up of 11 members. The Loan Review Committee has three members whose terms have expired. All three members wish to be re-appointed and staff would endorse their request. The three members are as follows: Louis Garza, David Cantu, and Daniel Suckley. I have attached an attendance form from January 1999 through December 1999. W. Thomas Utter Assistant City Manager 208 CORPUS CHRISTI HOUSING PARTNERSHIP ACCOMPLISHMENTS OF JULY 1996 THRU JANUARY 2000 Approval Units Created, Entity Action Item Participants P Eligibility 9� Y AssistedorCost Funded Funding 9 CCHFC MCC Program Banks, Mortgage Bankers, Purchase price and income 134 $7M in Federal Tax Federal Tax Credits (Coastal Start Dale 7/9/96 ($7M) Savings Institutions across restrictions; First time Credit Expired 12/98 Bend Housing Coastal Bend homebuyer Finance Corp.) CCHFC MCC Program Banks, Mortgage Bankers, Purchase price and income 361 $19.3M in Federal Tax Federal Tax Credits Start Dale 9/15/96 ($19.3M) Savings Institutions in Corpus restrictions; First time Credits Expired 12/98 Christi homebuyer CCCIC Home Buyer Down Payment Financial Institutions, Realtors 80% of median income 1015 $2,862,546 HOME Program Assistance #1 for qualifying homebuyers Purchase price restriction Continuing CCCIC First Time Home Buyer Down May be used with MCC Program. First time homebuyer 24 $24,000 HOME Program Payment Assistance #2 Must be first -lime homebuyer Purchase price restriction Expired CCCIC Physically -Challenged Units for ARI (Qualified CHDO) Physically -challenged 1 $100,000 HOME Program CHDO (Community Based Housing Development Organization) CCCIC Apartments for Low to Moderate South Pointe Apartments 60% to 80% of median income 196 $13,972,338 $1,066,523 Texas Low Income (60% to 80% of Median Income Tax Credits Income) Cimarron Senior Apartments 180 $9,700,000 $1,188,000 Texas Low Income Tax Credits CCCIC Rehabilitation (Emergency Repair Program operated by City Dept. Varies by program, up to 80% 793 $5,531,143- CDBG & HOME Prog. Demolition Replacement of Housing and Community of median income Prog. & Conventional Development under CCCIC Rehabilitation Prog.) CCCIC Provision for materials for limited U. S. Navy and various Elderly and Disabled Low 48 $13,329 CDBG rehab for Elderly & Disabled low nonprofits Income income City of C.C. Weatherization Nueces County Community 125% of poverty level 194 $262,657 CDBG Action Agency CCCIC Housing Complex for the Accessible Space, Inc., Karen E. 60% of median income 25 $275,150 HOME Program, Sec. Physically Challenged Henry Foundation, HUD Sec. 811, community 811 contributions N_ O OTHER SERVICES City of C.C. Services for the Homeless Metro Ministries Low income homeless N/A $140,000 ESG City of C.C. Services for the Homeless Dos Mundos Day Care Low income homeless NIA $49,667 ESG children City of C.C. Services for the Homeless Gulf Coast Council of La Raza Low income children and NIA $55,333 ESG young adults City of C.C. Lighting and fencing for security at C.C. Housing Authority Housing Authority tenants N/A $60,667 ESG Housing Authority projects City of C.C. LULAC Village Rehab LULAC Housing 80% of median income 152 $399,861 ESG City of C.C. TG110 - Lexington Manor Lexington Manor Learning Center 152 $389,100 ESG Community Area 80% of median income City of C.C. ADA Facilities Kiwanis Club Disabilities 90 $34,417 CDBG CCHFC MCC program Banks, Mortgage Bankers, Purchase price and income 350' $19.3M Federal Tax Credits 1/31/2000 Savings Institutions in Restrictions; First time $19.3M Corpus Christi homebuyer CCCIC New Home Construction Community Action Agency Purchase price and income 34- $340,000 HOME restrictions; First time homebuyer CCCIC New Home Construction CDC, Local Builders, Banks Purchase price and income 150' $2,225,000 CDC 1/31/2000 restrictions; First time homebuyer TOTAL UNITS: 3,889 TOTAL AMOUNT: $82,035,208 • underway CORPUS CKRISTI HOUSING FINANCE CORPORATION MORTGAGE CREDIT CERTIFICATE PROGRAM MCC INFORMATION GUIDE The Corpus Christi Housing Finance Corporation is operating a Mortgage Credit Certificate Program to help make ownership of homes more affordable for low to moderate income households, especially first-time buyers. A Mortgage Credit Certificate (MCC) increases a family's disposable income by reducing its federal income tax obligations. This tax savmgs provides a fanUly with more available income to qualify for a loan and meet mortgage paymem requirements. In order to participate in the Progrmn, home buyers must meet certain eligibility requirements, purchase a home or complete home improvements which qualify under the Program, and obtain a mortgage loan through a participating Lender. (Refer to the "MCC = Money in Your Pocket!!" Worksheet to see if you meet the general requirements for participation in the Progrmn.) 211 E. LIG1BLE BORROWERS First-time Buyer Requirement: In general, borrowers seeking financing for the purchase of ~ residence must be first-time buyers or not have owned a principal residence in the past three years. Az discussed further in this Guide, the first-time home buyer requirement does not apply to borrowers purchasing homes in Target Areas or obtaining a Qualified Home Improvement Loan or a Qualified Rehabilitation Loan. Maximum Income Limits: A borrower's current gross annual household income must not exceed the following limits: For Non-Target Areas $52,670 (family size of 3 or mom) $45,800 (family size of less tbaa 3) For Target Areas $64,120 (family size of 3 or more) $54,900 (family size of less than 3) Also, a borrower's adjusted gross annual household income on last year's tax tatum must be $54,180 or less. HOME PURCHASE PRICE LIMITATIONS For Non-Target Areas $ 87,219 (Existing Housing) $ 94,716 (New Housing) For Target Areas $106,601 (Existing Homes) $115,765 (New Housing) ELIGIBLE PROPER1T General Information: New or existing owner-occupied, single family houses, townhouses, condominiums and manufactured housing in the city limits of Corpus Christi are eligible. Two to Four family residences may be eligible so long as the owner occupies at least one unit and generally the structure must be at least 5 years old. Manufactured Homes: Manufactured homes must have at least 400 square feet of living space, a minimum width of 102 inches, and be of a type which is customarily used at a fixed location. Recreational vehicles, campers and other such vehicles are ineligible. Financing Terms: The mortgage loan must be financed fi.om sources other than tax-exempt mortgage bonds or veteran's tax-exempt revenue bonds. The mortgage may be a conventional, FHA or VA loan and will be at prevailing market rates. The interest payable under the loan must not be paid to a person who is related to the borrower. TARGET AREAS Areas Served: Twenty percent of the MCC funds are reserved for one year for borrowers purchasing residences in Target Areas in order to improve housing and economic conditions in lower-income neighborhoods. A Target Area is a census tract in which at least 70 percent of the families have incomes no higher than 80 percent of the statewide median or a census tract plagued by chronic economic problems. The Target Areas in Corpus Christi are census tracts 4, 5, 9, 10, 11, 12, 13, 15 and 56.02. Borrowers purchasing homes in Target Areas also do not have to meet the requirement of being a "first-time home buyer." 2 212 PROGRAM DESCRIPTION General Information: An MCC is a tax credit that vall reduce the federal income taxes of qualified buyers purchasing a qualified Residence or homeowners completing qualified home improvements or a qualified rehabilitation. As a result, the MCC has the effect of reducing your mortgage payments. Applications must be made to the CCI-IFC prior to closing the Loan. The MCC may not be used in connection with the refinancing of an existing loan. Benefit Amount: The size of your annual tax credit will be 25% of the annual intct~st paid on your mortgage loan or $2,000, whichever is less. The credit cannot be larger tha~ your annual federal income tax liability, after all other credits and deductions have been taken. MCC credits in excess of your current year tax liability may, however, be carried forward for use in the subsequent three years. For an example of how MCCs work, see "MC C -- Money in Your Pocket!!" Assumability: The MCC can be transferred only upon issuance of a new cerfifieuto by the CCHFC. The person assuming your loan will have to qunlify just as a new borrower would be required to qualify under the Program. Tax Credit Versus Tax Deduction: A mortgage interest deduction differs from a mortgage tax credit in a number of ways. For example, all home buyers, regardless of income, may take a mortgage interest deduction, whereas mortgage tax credits are available only to holders of Mortgage Credit Certificates. With the Mortgage Credit Certificate, you will save $I for each $1 of credit received. Using an MCC and itemizing your deductions on Schedule A of Form 1040 will require you to reduce any additional mortgage interest deduction you may take by an amount equal to your mortgage tax credit claimed. Length of Benefit: Each year, your mortgage mx credit will be calculated on the basis of 25 percent of the total interest you paid on your mortgage loan that year. The MCC will be in effect for the life of your mortgage loan, so long as the residence remains your principal residence. Recapture of Tax Credit: Your Mortgage Credit Certificate will be subject to certain requirements imposed by federal law concerning the recapture ora portion of the mortgage tax credit benefits granted to you upon the sale of your Residence within 9 years from the date of purchase. In no event will the recapture tax exceed one-half of your taxable gain on the sale of your residence. QUALIFIED REHABILITATIONS AND HOME 13/~PROVEMENTS MCCs may also be used in connection with Qualified Home Improvement Loans not exceeding $15,000 or Qualified Rehabilitation Loans. The first-time buyer requirement does not apply for either a Qualified Home Improvement Loan or a Qualified Rehabilitation Loan. Qualified Home Improvement Loan: Home improvement loans cannot exceed $15,000 for alterations, repairs and improvements to an existing residence by its owner designed to substantially protect or improve the basic liveability or energy efficiency of the residence. Qualified Rehabilitation Loan: Rehabilitation financing is allowed for improvements to an existing residence by its owner when the following conditions have been met: the residence must be at least 20 years old; 50 percent or more of the existing external walls of the residence must be retained in place as external walls; 75% or more of the existing external walls of the residence must be retained as either internal or external walls; at least 75% of the existing internal structural framework must be retained in place; and the expenditures incurred in the rehabilitation must be equal to at least 25% of the borrower's adjusted basis in the residence. 215 APPLICATION INFORMATION Where to Apply: You may apply for an MCC ia person at any participating lender. You may apply for an MCC through only one lending office. Any lender who has completed and filed a Lender Participation Agreement with the CCHFC may participate in the Program. If your lender is not a participating Lender, have them contact the CCHFC for a copy of the Lender Participation Agreement Lenders are not required to participate in this Program. How to Apply: At the time of MCC application, you will need to supply the Lender with general credit information such as account numbers for loans, credit cards, and bank accounts and a check for $50.00 for the MCC Comrmtxnent Fee. This fee is non-refundable. After you have made application, the Lender will forward your application to the Tmsme. Upon receipt ora qualLC34ng appUraOon, the Trustee will issue aa MCC Commitment Letter which will reserve an MCC for tb.~e months for a loan for Existing Housing and six months for a loan for New Housing or a Qualified Rehabilitation Loan. At loan closing and upon submission of the required Program documents ia compliance with the guidelines and an MCC Issuance Fee of $150.00, the MCC will be issued directly to you. A simplified, one-step procedure is available for QualL6ed Home Improvement Loans upon the payment of a single MCC Home Improvement Fee of $75.00. Extermions are allowed upon request and the submission of a $25.00 MCC Extension Fee. MCC's cannot be transferred from one lender to another. In the event you desire to change lenders, the MCC application and cormmunent will be revoked and the application process must start over with the new lender. FOR FURTHER INFORMATION Please direct any inquiries you may have about our Program to one of the participating Lenders. If you are not able to obtain sufficient information ia this manner, you may telephone us at 880-3087. Information Guides are available through the Lenders and the CCI-H:C. This Guide is a general summary of an extremely complex and technical program. Although we have attempted to ensure the accuracy of this Guide, it is subject to federal regulations, the Program documents, and to change without notice. PARTI CIPA TING LENDERS Access Capital Mortgage 801 S. Staples, Ste. H Corpus Christi, TX 78413 Community 1st Mortgage $001-C John Stockbaucr Victoria, TX 77904 First Texan Mortgage Group, Inc. 4639 Corona, #34 Corpus Christi, Texas 78411 Allied Mortgage Capital 4639 Corona, Suite 66 Corpus Christi, TX 78411 Crossland Mortgage Corp. 4444 Corona, #127 Corpus Christi, TX 78411 Frost Mortgage Services 6230 S. Staples Corpus Christi, TX 78413 American Bank, N.A. 5120 S.P. LD. Corpus Christi, TX 78411 CTX Mortgage $350 S. Staples, #125 Corpus Christi, TX 78411 Irwin Mortgage Corporation 5656 So. Staples, Ste. 200 Corpus Christi, Texas 78411 Coastal Bend Mortgage, Inc. $151 Flynn Parkway, Ste. 114 Corpus Christi, TX 78411 First Community Bank, N.A. $406 Everhart Road Corpus Christi, TX 78411 Mortgage Associates Corpus Christi 6262 Weber, Suite 208 C,~rpus Christi, Texas 78413 4 214 Rev. 1/00 LOAN REVIEW COMMITTEE ATTENDANCE JAN 1999 THRU DEC 1999 MEMBER JA. FEB MA. A.. MAY JU. JUL AUG SE. OCT .OV DEC LOUIS GARZA A : no , : . : A ;. : ; g :. no . 05-May-99 .......; ...... ; ...... ~ ....... ~, ........ ; ....... , ....... , ....... , ....... , ........ . ....... , DAVID CANTU ,meet-. , A ....... meet. 07-May-99 ....... .:' ....... ! ....... ! ....... '.: ........ i ........ ? ....... ! ....... ~, ........ i ........ ,:' ....... ! ....... DANIEL SUCKLEY , ~ng ...... A , A . , ~ng , A 07-May-99 A -- ABSENT CORPUS CHRISTI HOUSING FINANCE CORPORATION /RILY 27, 1999 $:05 P.M. PRESENT Board of Directors $ohn Longoria, President Mark Scott, Vice Presidem Javier D. Colm~mero Henry ~ Dr. Arnold Oon~ales Rex A. Kinninon Betty Jean Longoria Samuel L. Neal Jr. O~eers W. Thom~ Utter, General Manager Atmando Chnpa, See~tary Mary Sullivan, T~ma'er Mike Harry, Assistant Treasurer ABSENT Melody Cooper Vice President John Longoria called the meelinl to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the board was present to conduct the mee6nE and that notice of the meeting had been properly posted. Under Item 2, election of officers, a motion was made and seconded to appoint John Longoria as President, Mark Scott as Vice President, Mary Sullivan as Treasurer and to reelect the other existing officers. The motion passed nnanimou$iy; Coop~ absent. President Longofia called for approval of the minutes of the August 18, 1998 meeting. A motion was made and seconded to approve the minutes as presented, and passed unanimously (Cooper absent). General Manager Tom Utter stated that as of June 30, 1999 the CCHFC has $277,687.78 in total assets and liabilities. President Longoria made a motion to approve the financial report, seconded by Mrs. Longoria, and passed unanimously (Cooper absent). President Longoria said that in 1996 a goal was set to have 4,000 units a~isted by the year 2000 for new or improved housing. As of July 1999, the CCI-IFC has created 3,106 units involving over $59 million in assistance. In his manager's report, Mr. Utter explained that the CCI-IFC ori~nnted in 1980 and since then over $330 million in finnncing has been provided for single family and multi-family units. Since 1996, the CCHI:C has used mortgage credit certificates to assist 30- 40% of home-owners in Corpus Christi. President Longoria made a motion to approve the general manaEer's report, seconded by Mr. Kinnison, and passed ~manimously (Cooper absent). President Longoria opened discussion on Item 6, regarding an application for Year 2000 mortgage credit. General Manager Utter explained that since 1996 the bankers, realtors, and mortgage banker~ are the ones that sell the program without corpomtion advertising and it is tni!i:,ed completely. Mr. Utter said that if the application is approved, the certificates can be used by the year CORPUS CHRISTI HOUSING FINANCE CORPORAT/ON JULY 27, 1999 PAGE 2 2000 to assist in about 350 homes. President Longoria called for a voice vote on the motion for Item 6, and the motion passed as follows: Approval of an authorization to submit an application to the Texas Bond Review Board for a Year 2000 Mortgage Credit Certificate Program Allocation. The foregoing motion passed by the following vote: J. Longoria, Colmenero, Garrett, Gon?ales, Kinnison, B. Longoria, Scott and Neal voting "Aye"; Cooper absent. President Longoria called for comments fi:om the audience, and there were none. There being no further business to come before the Corporation, he declared the meeting adjourned at 5: I 0 p.m. on July 27, 1999. CCHFC799.wpd MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION NOVEMBER 16, 1999 2:43 p.m. PRESENT Board of Directors Betty Jean Longoria, President Rex A. Kinnison, Vice President Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L. Neal Jr. Mark Scott Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Mary Sullivan, Treasurer Michael Harry, Assistant Treasurer ABSENT Javier Colmenero President Betty Jean Longoria called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Mr. Chapa said that an affidavit was filed in the City Secretary's office by Mr. Longoria stating that he will abstain from voting or discussing Item 6. President Longoria called for approval of the minutes of the July 27, 1999 meeting. Dr. Gonzales made a motion to approve the minutes, seconded by Mr. Kinnison, and passed unanimously (Colmenero absent). President Longoria called for discussion of the financial report. General Manager Tom Utter said them in no financial report at this time, however; the October 31, 1999 financial reported shows a $130,000 gain. General Manager Utter explained that there is no general manager's report but stated that the CCICC is moving ahead on the 4,000 unit goal to be reached by the end of the year 2000. President Longoria opened discussion on Item 6, regarding Amendment No. 2 with TG110 lnc. General Manager Utter stated that TG 110 Inc. has the Lexington Apartments. The CCCIC awarded $239,000 to assist for rehabilitation of the Lexington Apartments; including a community room expansion. The community room amount was non-feasible. TGI I 0 is requesting that the agreement be modified to allow funds for parking lots renovation and removing of aluminum wire. This would rehabilitate 24 units for the HOME program. President Longoria called for a voice vote, and the motion passed as follows: Authorizing the execution of Amendment No. 2 with TG110 Inc. for extension and amendment of scope of project. The foregoing motion passed by the following vote: B. Longoria, Cooper, Garrett, Gonzales, Kinnison, NeaI and Scott voting "Aye"; Colmenero absent ( John Longoria abstained). President Longoria called for comments from the audience, and there were none. There was no additional business. She declared the meeting adjourned at 2:46 p.m. on November 16, 1999. CORPUS CHRISTI HOUSING FINANCE CORPORATION BALANCE SHEET DECEMBER 31, 1999 Current assets: Cash in bank Investments Due from other funds Total assets Assets $25,919.53 254,881.40 0.00 $280,800.93 Liabilities and Fund Balance Liabilities: Accounts Payable Due to other funds Total liabilities Fund balance: Undesignated Total fund balance Total liabilities and fund balance $0.00 0.00 0.00 280,800.93 280,800.93 $280,800.93 CORPUS CHRISTI HOUSING FINANCE CORPORATION SUMMARY OF TRANSACTIONS FOR HVE MONTHS ENDED DECMBER 31, 1999 Fund balance ~ 08-01-99 (1) $275,886.76 Revenues: Interest Application fees Re-submission fee Participation fee Issuance fee Refinancing fee Miscellaneous revenue Total revenues 5,309.17 0.00 25.00 0.00 0.00 80.00 0.00 5,414.17 Expenditures: Administrative costs Application fee refund State certification fees Texas Bond Review Board Total expenditures 0.00 0.00 0.00 500.00 500.00 $280,800.93 Fund balance ~ 12-31-99 (1) Subject to July 31, 1999 audit adjustments. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET DECEMBER 31, 1999 ASSETS Cash and investments Due from U S Government Mortgages receivable Accrued interest receivable Due from Seawall Trust Fund Loan receivable Leasehold improvements (net of accumulated amortization) Investment in property (net of accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund Total $1,060,523 $6,891 $86.244 $1,153,658 0 0 1,067,250 1,067,250 10,295,613 0 4,426,097 14,721,710 441 3,749 0 4,190 0 61,570 0 6%570 0 105,209 0 105,209 697,289 0 0 697,289 231,241 21,047 0 252,288 $12,285,107 $198,466 $5,579.591 $18.063.164 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborhood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total fund balance $403,110 $0 $1,054,004 $1,457,114 566.366 0 0 566,366 969,476 0 1,054,004 2,023,480 266,006 0 0 266,006 80.691 0 0 80.691 450,308 0 0 450,308 10,295,613 0 4,426,097 14,721,710 0 145,000 0 145,000 223,013 53,466 99,490 375,969 11,315,631 198,466 4.525,587 16,039,684 Total liabilities and fund balance $12,285.107 $198,466 $5,579.591 $18,063.164 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE FIVE MONTHS ENDED DECEMBER 31, 1999 Revenues: Contribution from Federal Government interest on loans Interest on investments Rental income Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total $0 $0 $575,803 $575,803 40,640 0 10,755 51,395 14,075 3,763 176 18,014 39,850 0 0 39,850 1,067 0 0 1,067 95,632 3,763 586,734 6861129 Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization- forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures 39,906 0 128,611 168,517 42,050 0 350 42,400 0 0 20,133 20,133 0 0 46,006 46,006 0 0 4,891 4,891 12,720 0 0 12,720 0 0 0 0 189 0 250,767 250,956 461486 0 0 46,486 3,108 0 0 3,108 144,459 0 450,758 595,217 Excess of revenues over expenditures Other financing soumes(uses): Operating transfers in(out): Transfer From Federal/State Grant Fund Transfer to Federal/State Grant Fund Total other financing soumes(uses) (48,827) 3,763 135,976 90,912 0 0 0 0 (17,602) 0 0 (17,602) (17,602) 0 0 (17,602) Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1, 1999 Fund balances at December 31, 1999 (1) Subject to July 31, 1999 Audit Adjustments. (66,429) 3,763 135,976 73,310 11,382,060 194,703 4,389,611 15,966,374 $11,315,631 $198,466 $4,525,587 $16,039,684 Notes and Comments .W cCity of orpus Christi 226