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HomeMy WebLinkAboutAgenda Packet City Council - 05/16/2000CITY STAFF BOOK (UNBOUND) DO NOT REMOVE COUNCIL AGENDA Corptls Chrlsti May 16, 2000 1:45 p.m. Proclamation declaring May 20 - 26, 2000 as "National Safe Boating Week" Presentation of Honorary Certificate to Mayor Loyd Neal from the Army Recruiters AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 16, 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 Counc~ after the Presentations section. Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Conc~io para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact _..the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Don Tuttle, First Christian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of May 9, 2000 and Bond Program Public Hearing of May 10, 2000. (Attachment # 1 ) Agenda Regular Council Meeting May 16, 2000 "'age 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Building Code Board of Appeals Coastal Bend Health Facilities Development Corporation Convention & Visitors Bureau Electrical Advisory Board PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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 diHge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaf~ol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. If deemed approprfate, the City Council wi// 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. CONSENT AGENDA Notice to the Public , ne fo//owing items are of a routine or administrative nature. The Counci/ has been furnished with background and support materYal on each item, and/or it has been discussed at a previous meeting. A// items wi// be acted upon by one vote without CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 16,2000 "'~age 3 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 Councfi will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI-0070-00, with the following companies for the following amounts. Awards are based on low bid or only bid, for multiple progressive awards, for a total estimated annual expenditure of $576,293.73. Funds have been budgeted by Maintenance Services and Fire Department for FY99-00. (Attachment # 3) A to Z Tim and Battery Comus Christi, Texas Items: Sec 1) 1.1-1.5, AI~A3 1.7-1.9, 1.11, A4;Seo2) 2.1-2.3 Sec 3) 3.1; Sec 4) 4.3, 4.6, 4.8 4.10-4.17, A5-A6, A-6; Sec 5) 5.1, 5.2; Sec 6) 6.1-6.3; Sec 7) 7.1-7.2; Sec 8) 8.1-8.6; Sec 9) 9.2-9.3; Sec 10) 10.1-10.4, A7 Creager Tire and Battery Co~us Chdsti, Texas Items: Sec 1)1.6, 1.10, 1.12; Sec 4) 4.1-4.2, 4.4; Sec.9) 9.1; Sec 11) 11.1-11.2 Treadco Co~us Christi, Texas items: Sec 4) 4,9 $414,795.92 $34,997.81 $126,500 Grand Total: $576,293.73 4.a. Ordinance appropriating $29,618.75 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $29,618.75 in the No. 5110 Maintenance Service Fund. (Attachment # 4) 4.b. Motion approving the purchase of one polyethylene pipe machine from SECOR, Houston, Texas for the total amount of $29,618.75, - based on sole source. Funds are available in the Reserve Capital Outlay Budget for FY 98-99. (Attachment # 4) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting ~.,May 16,2000 age 4 5.a. 5.b. 5.c. Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract with the Coastal Bend Council of Governments-Area Agency on Aging for the Elderly Nutrition Program. (Attachment # 5) Ordinance appropriating a $543,640 grant from the Coastal Bend Council of Governments-Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program. (Attachment # 5) Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract with the Texas Department of Human Services for the Title XX Meals on Wheels program. (Attachment # 5) Ordinance appropriating a $161,163 grant from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on Wheels program. (Attachment # 5) Second Reading Ordinance - Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One-way Streets and Alleys, Section (a-l) School Areas, by establishing a one-way traffic pattern on: (First Reading 5/9/00) (Attachment # 6) Ft. Worth Street, in the direction of Peerman Place to Driftwood Place, during the school hours of Wilson Elementan/ School, Bernandino Street, in the direction of Delgado Street to Gollihar Road, during the school hours of Prescott Elementan/ School, Kasper Drive, in the direction of Lincoln Street to McArdle Road, during the school hours of Central Park Elementan/ School, and providing for penalties. PUBLIC HEARINGS: ZONING CASE: Case No. 0400-01, Marshall Company: A change of zoning from an "F-R" Farm-Rural District and "R-1B" One-family Dwelling District to an "1-2" Light Industrial District on Riverside Park Annex, Block 1, Lot CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 16, 2000 "'~age 5 1, and Fallins Riverside, south portion of Tract 8 and north portion of Tract 12, located on the northwest corner of Interstate Highway 37 and Rehfeld Road. (Attachment # 7) Plannine Commission and Staffs Recommendation: Denial of the "1- 2" District, and in lieu thereof, approval of an "AB' Professional Office District on the north 2.96 acres and a "B-I" Neighborhood Business District on the south 1.499 acres with a "SP" Special Permit for a contractor's warehouse and outside storage subject to a site plan and five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by the Marshall Company, by changing the zoning map in reference to approximately 2.96 acres, consisting of Lot 1, Block 1, Riverside Park Annex, ("2.96 acres") and approximately 1.499 acres out of south portion Tract 8 and north portion Tract 12, Fallins Riverside, ("1.499 acres") by changing "2.96 acres" from "F-R" Farm-Rural District to "AB" Professional Office District and by chang ing "1.499" acres from "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District with a Special Permit for a contractor's warehouse and outside storage subject to a site plan and six (6) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan, DISANNEXATION OF PROPERTY: Ordinance disannexing from the City, the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"]) located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City Boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said district and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager or his designee to execute a Tourist Industrial District Agreement, effective as of May 16, 2000, with "Owner" Pursuant to §42.044 Texas Local Government Code and to file the Agreement in the official records of Nueces County, Texas. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 16, 2000 'age 6 Km PRESENTATIONS: Public comment will not be solicited on Presentation items. City of Corpus Christi Emergency Preparedness Plan Update including: · Hurricane Evacuation Study by Texas Department of Emergency Management · Recommendation for IH 37 northbound lane reversal by Texas Department of Transportation · Shelters of Last Resort * Airport Board's Long-Range Planning Summary Report Update on Solid Waste Services Automated Collection Pilot Program Outside Auditor and Financial Advisors opinions on recommended FY 99-00 Budget Revisions Lm REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: Ordinance amending Ordinance No. 023702 which adopted the FY99- 00 Budget, by increasing appropriations in certain funds, adjusting the amounts of certain interfund transfers, and increasing revenue estimates. (Attachment # 9) 10. Motion approving a supply agreement with W~nter Maintenance & Landscaping, Inc, Corpus Christi, Texas for improved right-of-way mowing in accordance with Bid Invitation No. BI-0087-00, based on low bid and only bid, for an estimated annual expenditure of $154,845. The term of the contract 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. Funds have been budgeted by the Storm Water Department in FY 99- 00 and requested for FY 00-01. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 16,2000 ~age 7 EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time durfng the meeting in order to discuss matters listed on the agenda, when autho~zed 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 authorfzing 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 William Goodson v. City of Corpus Christi et al, No. C-97-269, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. REPORTS: The following reports involve brfef discussions regarding the listed topics. No action wi// be taken by the Council other than to give direction to staff or to place the topic on the future agenda. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end Of the agenda summary) CITY MANAGER'S REPORT: * Upcoming Agendas * Reminder of Invitations, Scheduled Events * Status of Council Inquiries ~ MAYOR'S UPDATE: (NONE) MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 9, 2000 2:23 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Ariaold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longofia John Longofia Mark Scott Ci_ty Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales. Assistant City Secretary Juarez 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 April 25, 2000, Bond Program Public Hearing of April 26, 2000, and Town Hail Meeting of May 1,2000. A motion was made and passed to approve the minutes as presented. Mayor Neal cailed for petitions from the audience. Betty Brandesky, 4017 Cork St., questioned Item 19 of the April 11, 2000 regular council agenda regarding the acceptance of three parcels of land in exchange for street closures for Dusty Durrill. Mrs. Brandesky asked if the streets closed off for Mr. Dtm-ill are going to be reopened in the future and if the City will be required to buy them back. Tom Utter, Assistant City Manager, stated that the City has no intention of opening the streets south of the Broadway sewer plant and that the streets have been considered unopened (paper) streets. In response to Mrs. Brandesky's question, Mr. Utter explained that the properties involved will be used for the amphitheater that Dun'ill & Durritl is proposing. Mr. Durrill offered an exchange of the three lots for property located at Carrizo Street and Agnes/Laredo Interchange, connecting the South Bluff and Blueher Park birding sites. Mrs. Brandesky also thanked Director of Engineering, Angel Escobar, for responding to other issues she has addressed. Minutes Regular Council Meeting May 9,2000 Page 2 At the request of Council Members, Mayor Neal directed staff to place an item on the next agenda regarding the new public comment procedure discussed at the Retreat of May 2, 2000. Abel Avalos, 3529 S. Noylar Cimle, thanked the council for their approval of the CDBG grant to Buccaneer Little League. He said the monies would be an asset to the community and to the children. Vangie Chapa, 4610 Oso Parkway, expressed her gratitude for the Council's support of the Packery Channel project. She also spoke in favor of the City bond program and 1/8 cent sales tax proposal for economic development. Paul Garcia, 354 W. Saxet, thanked the Council for the CDBG funds for the Agnes Courtyard area. He gave an update on the Crosstown project completion in June and invited Council to attend the ribbon cutting in July. Phil Rosenstein spoke regarding the new public comment procedures. He said he felt there was not a consensus vote from the Council to approve this change. He quoted the Attorney General stating that citizens could speak there minds on unlimited subjects. Mr. Rosenstein remarked that there are issues he may want to address that could occur after the time limit required to be placed on the agenda. J.E. O'Brien, 4130 Pompano, objected to the new process for public comment. He also said that the Charter was violated because decisions can not be made during workshop meetings when the new public comment process was decided on. Irving Dietz, 455 Miramar, asked when he would get a response from staff regarding his questions and concerns on the Texana Pipeline's lost water supply. Leon Perez, 904 Buford Street, addressed the council on audience participation during the City Council meetings. Isaac Valencia, 3122 Leopard, President of the Police Officer's Association, addressed the issue of the City budget and the discussion of the possible elimination of the Police Academy. He feels that this decision would have a negative impact on the public safety of the community. Jose Marroquin, 2433 Allencrest, voiced his concern on the policy of the new public comment stating that it is a barrier on citizen's concerns. He also feels that economic growth can not occur if the City does not maintain expenditures. R.F. Hasker, 1813 Wallace, alos objected to the new public comment procedure stating the Attorney General says there should not be restrictions to public comment. 2 Minutes Regular Council Meeting May 9,2000 Page 3 Abel Alonzo, 1701 Thames, commented there is too much negativism at the Council meetings. He also referred to budget discussions regarding the relocation of children to different Park and Recreation centers and the elimination of lifeguards. Carlos Torres, 6014 Ayers, President of the Firefighter's Association, referred to an article in the Corpus Christi Caller Times regarding the drag up pay and accmal leave of lurefighters upon retirement. He feels that unbudgeted liability should not jeopardize the public safety needs of the community during the budget cuts process. Mayor Neat called for consideration of the consent agenda (Items 2-19). Council members and members of the audience requested that Items 2, 3, 5, 7, 8, 10, and 19 be withheld for discussion. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: 4. M2000-131 Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas in accordance with Bid Invitation No. BI-0092~00, for approximately 1,080 tons of liquid chlorine based on low bid for an estimated annual expenditure of $274,320. The term of the agreement shall 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 chemical will be used by the Water Department for water supply treatment. Funds have been budgeted in FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-133 Motion approving the parchase of forty (40) electronic pressure correcting instruments from Mercury Instruments, Inc., Cincinnati, Ohio in accordance with Bid Invitation No. BI-0101 - 00. The award is based on low bid for a total amount of $31,816 and funds have been budgeted by the Gas Department in FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M2000-136 Motion authorizing the acquisition of Parcel No. 2 located on Daly Drive between Williams Drive and South Padre Island Drive for $19,500 in connection with the Williams Drive Lift Station Expansion and Buffer project. 3 Minutes Regular Council Meeting May 9,2000 Page 4 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longofia, and Scott voting "Aye." 11. M2000-138 Motion approving Metropolitan Planning Organization (MPO) Designation Agreement designating the Transportation Policy Committee as the MPO. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. M2000-139 13. 14. Motion authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing & Urban Development (HUD) for $1,521,393 for a three-year Lead- Based Hazard Control in Privately-Owned Housing Grant Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longofia, and Scott voting "Aye." RESOLUTION NO. 024024 Resolution authorizing condemnation proceedings by the City to condemn fee simple title to 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2 from the owner Ear, Nose and Throat Pension Plan in connection with the Savage Lane Pumping Plant Clearwall Replacement project and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye." RESOLUTION NO. 024025 Resolution of the City Council of the City of Corpus Christi, Texas approving the Application of Chapter 394 (The Texas Housing Finance Corporation Act) of the Texas Local Govemment Code, to the City of Corpus Christi, Texas, for the purpose of making property located within the City of Corpus Christi, Texas, eligible for (1) single family housing for persons of low and moderate income financed by loans made from the proceeds of the Coastal Bend Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-backed Securities Program), Series 2000A, or (2) in the alternative, or in combination therewith, a Mortgage Credit Certificate Program. The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 9,2000 Page 5 15.a. M2000-140 Motion authorizing the City Manager or his designee to accept three grants totaling $7,500 from the Texas Book Festival to fund the purchase of library materials for the Greenwood, Parkdale and Janet F. Harte Libraries. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15 .b. ORDINANCE NO. 024026 Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund to purchase library materials for the Greenwood, Parkdale and Janet F. Harte libraries; amending FY99-00 Budget, adopted by Ordinance No. 023702 to increase appropriations by $7,500 in the No. 6010 Trust Fund - Library. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.a. RESOLUTION NO. 024027 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreemere with the Coastal Bend Council of Governments that will fund the preparation of newsletters regarding recycling, composting and waste reduction. The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. ORDINANCE NO. 024028 Ordinance appropriating $11,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the preparation of newsletters regarding recycling, composting, and waste reduction. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.c. RESOLUTION NO. 024029 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments that will fund the purchase of a paint can Minutes Regular Council Meeting May 9,2000 Page 6 crusher for the household hazardous waste operation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.d. ORDINANCE NO. 024030 Ordinance appropriating $14,715 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the purchase of a paint can crusher for the household ha~'ardous waste operation. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.e. RESOLUTION NO. 024031 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments that will fund the purchase of a Mobile Water Injection System (water track) for the City' s composting operation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzates, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.f. ORDINANCE NO. 024032 Ordinance appropriating $32,226 from the Coastal Bend Council of Governments, in the No. 1050 Federal/State Grants Fund for the purchase a Mobile Water Injection System (water truck) for the City's composting operation. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenem, Cooper, Garrett, GonT~les, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. M2000-141 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson & Woods in the estimated amount of $105,000 to perform the financial and compliance audit requirement for fiscal year ending July 31, 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 6 Minutes Regular Council Meeting May 9,2000 Page 7 18. ORDINANCE NO. 024033 Ordinance appropriating $3,900 in the No. 6010 Trust Fund for programs planned by the Sister City Committee. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrert, Go, Tales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion to Item 2, rental of trash compactors. Mr. Joe O'Brien questioned the necessity to purchase the trash compactors. Mr. Garcia replied that the two trash compactors operated at the Convention Center and the Airport are a more effective method of trash disposal and are needed. Assistant City Secretary Juarez polled the Council for their votes: 2. M2000-129 Motion appmving a supply agreement with Waste Management, Corpus Christi, Texas for the rental of two trash compactors, in accordance with Bid Invitation No. BI-0053-00 based on low bid for an estimated annual expenditure of $20,838. The term of the agreement will be for twelve months with options to extend for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Convention Center and the Aviation Department in FY99-00. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Gonzales, Kinnison, J. Longoria. and Scott voting "Aye"; Garrett and B. Longoria absent. Mayor Neat opened discussion to Item 3, purchase of fleet vehicles. Mr. O'Brien questioned the spending of $90,198.91 and the necessity of purchasing these vehicles. Mr. Garcia responded that the vehicles are replacements and the sedans would be used for emergency response. Assistant City Secretary Juarez polled the Council for their votes as follows: 3. M2000-130 Motion approving the purchase of one 15 passenger van, one full size sedan and three intermediate size sedans from the Houston Galveston Area Council of Govenunents (HGAC), for a total amount of $90,198.91. The award is based on the cooperative 7 Minutes Regular Council Meeting May 9,2000 Page 8 purchasing agreement with HGAC and the vehicles will be used by the Fire Department. Financing will be provided through the City' s lease/purchase financing agreement with Koch Financial Corporation. All five vehicles are replacements to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B .Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. Mayor Neat opened discussion on Item 5, purchase of a 5-ton brush lure truck. Mr. O'Brien questioned purchasing the fire truck at a budget crisis time. Chief Juan Adame commented that the vehicle will service the west end of the City to handle brush fires. He feels purchase is cost effective and the vehicle can be used as a rescue unit during floods. There are only two trucks to service the City. Assistant City Secretary Juarez polled the Council for their votes: 5. M2000-132 Motion approving the purchase of a 5-ton brush fire truck from Memphis Equipment, Memphis, Tennessee for $59,000 based on sole source. This truck is a replacement and will be used by the Fire Deparmaent. Financing will be provided through the City' s lease/purchase financing agreement with Koch Financial Corporation. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kiunison, B. Longoria, J. Longofia, and Scott voting "Aye"; Garrett absent. Mayor Neal opened discussion on Item 7, Regional Transporation Authority Miscellaneous Street Improvements. Mr. Leon Perez asked why the City needs to spend funds for engineers to fix the streets. Mr. Escobar explained that the City does not have a design department in-home. He also stated this item is the second phase of an agreement for miscellaneous street improvements with the Regional Transportation Authority. Mr. Garcia said the design work is contracted out allowing staff to handle the work load better and projects are coming up on time. In response to Council Member Colmenero, Mr. Escobar replied that there is a production increase with less staff and the consultant pay is very competitive. Mrs. Longoria stressed the effectiveness of the new procedure and thanked the engineering staff for their hard work. Council Member Scott directed staff to place on the agenda the RTA renewable funding agreement with the City. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes Regular Council Meeting May 9,2000 Page 9 7. M2000-134 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley & Associates, Inc. in the amount of $49,090 for the Regional Transportation Authority Miscellaneous Street Improvements. The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. Mayor Neat opened discussion on Item 8, O.N. Stevens Water Treatment Plant Wash Water System project. Mr. O'Brien raised his concern regarding $214,000 coming from the Utility Deparhnent and the necessity of the project at this time. Mr. Escobar said the amendment is a critical part of the treatment process. He also stated the EPA water rule passed gives a deadline of December 16, 2001 to meet the requirements schedule. Assistant City Secretary Juarez polled the Council for their vote: 8. M2000-135 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering services contract with Smith, Russo & Mercer Consulting Engineers in the amount of $214,100 for the O. N. Stevens Water Treatment Plant Wash Water System project. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye", Gonzales absent. Mayor Neat opened discussion on Item 10, hiring ofBarry S. Shanofffor legal issues related to the City's landfill. Mr. O'Brien asked for an explanation for hiring an attomey with all the budget problems and why the item was place on the consent agenda. Mr. Bray explained that the landfill is going under competition from area landfills and it raises financial issues to the City's investments. He also stated there are certain areas of law regarding constitutional issues with respect to how landfills are designed that require a specialty lawyer. Assistant City Secretary Juarez polled the Council for their vote as follows: 9 Minutes Regular Council Meeting May 9,2000 Page 10 10. M2000-137 Motion authorizing the City Manager or his designee to execute a legal services agreemere with Barry S. Shanoffofthe law firm of Knopf& Brown (at $200 per hour) to assist the City with legal issues related to the City's landfills and the disposal of solid waste generated within the city limits. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 19, establishing one-way traffic patterns. Council Member Colmenero complimented staff in working with the schools to deal with issues that have evolved in residential areas. Assistant City Secretary Juarez polled the Council for their vote: 19. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One- way Streets and Alleys, Section (a-1 ) School Areas, by establishing a one-way traffic pattem on: Ft. Worth Street, in the direction of Peerman Place to Driftwood Place, during the school hours of Wilson Elementary School, Bemandino Street, in the direction of Delgado Street to Gollihar Road, during the school hours of Prescott Elementary School, Kasper Drive, in the direction of Lincoln Street to McArdle Road, during the school hours of Central Park Elementary School, and providing for penalties. The foregoing ordinance passed on its first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat referred to Item 20, and a motion was made, seconded and passed to open the public heating on the following zoning case: 20. Case No. 0200-05. Raymond L- Hernandez. Jr. and Juanita L. Lozano: A change of zoning fi'om a "B-1" Neighborhood Business District to an "I-2" Light Industrial District on Dahlia Terrace, Block 2, Lots 4 and 5, located on the west side of Ayers Street, approximately 175 feet south of Fern Drive. 10 Minutes Regular Council Meeting May 9,2000 Page 11 Mr. Utter said them was a letter from the applicant requesting that if them was no opposition to the B-4 approval recommended by the Planning Commission, the owners would accept the decision; however, if there were comments or opposition, they requested the case be postponed so they could attend the hearing and address Council's concems. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. In response to Council Member Longoria, Michael Gunning, Director of Planning, stated that the skateboard ramp is not allowed in the current "B-4" and the applicant will be required to enclose it and they are planning an expansion. He also explained the applicant will not be allowed to have the outdoor area. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 024034 Amending the Zoning Ordinance upon application by Raymond L. Hernandez, Jr. and Juanita L. Lozano by changing the zoning map in reference to Lots 4 and 5, Block 2, Dahlia Terrace, from "B-1" Neighborhood Business District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Go,tales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. C0400-02, City of Corpus Christi: A change of zoning from an "I-2" Light Industrial District to a "B4" General Business District on South Bluff, Block 22, south half of Lots 1 and 2 and north half of Lots 15 and 16, located on the west side of South Alameda Street, approximately 75 feet north of Laredo Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition of the change. Mr. Colmenero made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024035 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to south half of Lots 1 and 2, north half of Lots 15 and 16, Block Minutes Regular Council Meeting May 9,2000 Page 12 22, South Bluff Addition, from "I-2" Light Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Go,7ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye ." Mayor Neat referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the appeal of permit denial: 22. Consideration of appeal by Corpus Christi Beach Association of Police Chief s decision to deny parade permit application for bicycle travel over Harbor Bridge. Mr. Bray stated that this request is an appeal pursuant to the City' s parade ordinance that was timely brought to the City Council by the City Secretary. The Police Chief denied the parade permit on the grounds the event is unsafe and a separate ordinance prohibiting bicycles on the Harbor Bridge. This ordinance regarding bicycles would have to be amended to allow the fide on the bridge. Police Chief Pete Alvarez said the request was denied because of the safety concems on the Harbor Bridge. He explained that there is an ordinance prohibiting cyclists on the Harbor Bridge. Chief Alvarez stated 200 bicyclists would create congestion due to high speed and possible mechanical problems might cause a dangerous situation. He also said there would be no protection to the cyclists from oncoming traffic except for rubber cones because the Texas Department of Transportation requires the City to keep one lane open for traffic flow. Another concern is support vehicles must stay in the open traffic lane which could also cause a danger to motorists. Chief Alvarez reported that twenty traffic officers would be required to man the traffic on the bicycle route. He reiterated that he has an obligation to express his concerns for public safety and would consider alternatives. Mr. Garcia explained due to the nature of this appeal, Council has three options: affirm the Chiefs decision, reverse the denial, or amend the ordinance. Council Member Garrett asked about the estimated cost of the officers required to monitor the route. ChiefAlvarez stated the day and swing shifts will be combined and overtime hours will be minimal but it will leave the City with less Waffle enforcement. Responding to Mr. Garrett, Mr. Garcia said the coning on the bridge would require overtime work by the Street Department. Council Member Cooper asked Mr. Bray if the ordinance would have to be changed completely to allow the event. Mr. Bray explained the ordinance would have to be amended to allow for exceptions. In response to Mr. Longoria, ChiefAlvarez said the event has occurred in the past and although no one was hurt, hazardous observations were made. Mr. Longoria said he felt the entire rome was dangerous and cyclists would be spread out putting themselves at high risk. Dr. 12 Minutes Regular Cotmcil Meeting May 9,2000 Page 13 Gonzales inquired why the Corpus Christi Beach Association was not paying for the costs provided by the City if the permit was allowed. He also supported Chief Alvarez and Mr. Longoria by saying safety is very important. Mr. Colmenero said he thought the event's potential to the community had not been completely discussed and had merit. He encouraged staff to work with organizers to look at the issues and find resolutions to allow for major event opportunities. If the Council did overturn the Chiefs ruling, Mr. Scott requested that the organizers pay for any expenses that would allow for extra safety precautions at no additional cost to the taxpayers. Responding to Ms. Cooper, Mr. Bray said the City could be sued for injuries. Ms. Cooper asked if a release form could be signed by the cyclists preventing risk of lawsuits. Mr. Bray said the form might reduce the lawsuits, but would not cover thrid parties causing a potential liability. Ms. Cooper contined by saying the ordinance is in affect because the City is aware of the possibe dangers of riding on the Harbor Bridge. She also said if participants signed a release form and assumed the risk, she may consider it. Mayor Neat asked for public comment from the audience. Betty Black, 725 Crown Harbor, President of the Corpus Ckristi Beach Association, asked the Council to make an exception to the ordinance by allowing the Bay Breeze 2000 to cross over the Harbor Bridge beginning at 7:30 a.m. on October 9, 2000. She stated safety is always a primary factor but no one has ever been hurt riding over the Harbor Bridge in the past. Ms. Black said that the event needs City support and could increase growth potential to the City's hotel and tourism industries as it has done in several other communities. Mayor Neal asked why organizers could not start at the Bayfront Convention Center and finish at the Texas State Aquarium. Ms. Black answered the bridge is the "carrot" to bringing tourism to the Corpus Christi Area. Responding to Mr. Garrett, Clay Ewing,Bay Breeze 2000 organizer, stated any age group could ride in the event with parential or guardian consent. Ms. Black said a waiver is always signed regarding liability. Ms. Cooper said she would like a waiver to exclude the City being liable for injuries. Mr. Ewing replied the waiver does state that the City is not liable and the organization has insurance to cover the City. Ms. Cooper expressed concern that minors can not waive their right to sue and only adults should be allowed to ride. She stressed the possiblity the City would still be liable because of the dangers of the ride. Don Craig, 529 Naples, says he is a casual cyclist and supports riding over the Harbor Bridge. He said the bridge would be the high/ight of the event and hopes the liability issues can be resolved. Mr. Bray stated there is a provision which requires the Council to make a decision in today' s meeting and the applicant can reapply for the permit if their request is denied. Dr. Gonzales made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Longoria asked Ms. Black why a "Plan B" had not been established. Ms. Black said the plan was to bring tourism 13 Minutes Regular Council Meeting May 9,2000 Page 14 to the area by dangling the Harbor Bridge. Mrs. Longoria expressed her concerns for safety and said she was not supportive. Dr. Gonzales made a motion to deny the appeal, seconded by Mrs. Longofia. Mr. Chapa polled the Council for their votes as follows: 22. M2000-146 Motion to deny the consideration of appeal by the Corpus Christi Beach Association. The foregoing motion passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longofia, and J. Longoria voting "Aye", Colmenero, Cooper, and Scott voting '~o." Mayor Neat opened discussion on Item 23, adopting the Consolidated/Annual Action Plan. Mr. Longoria asked Council to review the YWCA's request for funding handicapped accessible doors. Mr. Longoria made a motion to take $5,000 from Item 39 and award to YWCA, second by Mrs. Longoria, and passed. City Secretary Chapa polled the Council for their votes as follows: 23.a. M2000-142 Motion adopting the FY2000 CDBG, ESG, and the HOME Programs. The foregoing motion passed as amended by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 23.b. RESOLUTION NO. 024036 Resolution adopting the City of Corpus Christi Consolidated/Annual Action Plan (AAP) for Community Planning and Development Programs for FY2000; authorizing the City Manager or his designee to submit the Consolidated/Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Consolidated/AAP if required by the U.S. Department of Housing and Urban Development. The foregoing resolution passed as amended by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. Mayor Neat opened discussion on Item 24, preparation of additional sidewalk improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14 Minutes Regular Council Meeting May 9,2000 Page 15 24. M2000-143 Motion authorizing the City Manager or his designee to execute Amendment No. 2 in the amount of $13,060 to the engineering contract with Shiner, Moseley & Associates, Inc. for preparation of drawings and related items for additional sidewalk improvements to be included in the Bay Trail, Phase 2 project, Texas Department of Transportation (TxDOT) construction plans. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat opened discussion on Item 25, regarding selection of advisors for utility system improvements, refunding bonds, combination tax and Solid Waste revenue. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25.a. M2000-144 Motion approving the selection of M.E. Allison & Company. as Financial Advisor; McCall, Parkhurst, and Horton as Bond Counsel; Morgan Stanley Dean Wilier as the Senior Managing Underwriter; Ramirez & Company and Morgan Keegan as Co-Managers for the Utility System Improvement and Refunding Bonds Series 2000-A. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 25.b. M2000-145 Motion approving the selection of M.E. Allison & Company as Financial Advisor; McCall, Parkhurst, and Horton as Bond Counsel; A.G. Edwards & Sons as the Senior Managing Underwriter; and Merrill Lynch & Company as Co-Manager for Combination Tax and Solid Waste Revenue, Series 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat announced the executive session, pursuant to Texas Government Section 551.071 regarding Items 26, 27 and 30. Items 28 and 29 were withdrawn. 15 Minutes Regular Council Meeting May 9,2000 Page 16 26. 27. 28. 29. 30. Executive session pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis v. City of Corpus Christi No. 94-1650, 94~' District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding George Kines Taylor et al v. City of Corpus Christi, No. 98-61993-3, County Court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. Exccutivc session pursuant to Texas Govc.,,rncnt Code Section 551.071 regarding Joc Moya v. City of Corpus Chri~i Police Department ct al No. 9g 3090 E, 148t~ District Court, Nuccc3 Colnlty, Texas, with possible discussion and actio~ related thereto in open sc~ion. Executive session lxtrsuaut to Texas Government Codc Section 551,071 rcgarding Five Citizens of Corpus Chri~ti v. City of Corpus Chri~ti et al No. 00 275 G, 319~' District Court, Nucccs County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. Mayor Neal called for the City Manager's report. Mr. Garcia discussed the upcoming events including the May 10th Bond Hearing at Moody High School and May 18th Texas Municipal League Quarterly Region 11 meeting at the Community Center in Victoria, Texas. He said the Council meeting on May 16th will include presentations on the Department of Public Safety Lane Reversal ofi~37, comments on budget adjustments for FY99-00 Budget, the Airport Board Action plan, and the discussion on the Dun'ill amphitheater site. He also gave an update on the Cole Park rat problem efforts. Mr. Longoria thanked the City Secretary's office for putting the board reception together. He said the City received positive comments and hopes the City can continue this event in the future. Mr. Colmenero requested the Council send a thank you letter to the Coastal Bend Pest Control Association for their efforts on the rodent problem. There being no further business to come before the Council, Mayor Neat adjourned the Council meeting at 6:07 p.m. on May 9, 2000. MINUTES CITY OF CORPUS CHRISTI, TEXAS Bond Program Public Hearing May 10, 2000 6:00 p.m. PRESENT Mayor Samuel L. Neff, Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier Colmenero Henry Garrett Rex A. Kinnison * Betty Jean Longoria John Longoria * Mark Scott * City Staff City Manager David R. Garcia Deputy City Manager George Noe Assistant City Attorney Jay Reining City Secretary Armando Chapa AB$t~NT Melody Cooper Mayor Neal called the heating to order at Foy H. Moody High School in Corpus Cbxisti. City Secretary Chapa declared that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Deputy City Manager Noe gave a detailed computer presentation of the bond program, including the property tax proposals and the three sales tax proposals. * Council Member Scott arrived at 6:03 p.m., Council Member John Longoria arrived at 6:05 p.m and Council Member Kirmison arrived at 6:07 p.m. Mayor Neat opened the hearing for public comment. Mr. Tony Garcia, Vice President for Brighton Village Association spoke about park needs in Brighton Park. He specifically asked for a water fountain but added that other improvements were needed, including a sprinkler system, landscaping, baseball backstop and other repairs. The Mayor thanked him for ins comments and asked staffif the tins park was in the list of park improvements in the bond program. Staff responded that at this time, it was not on the short list of projects. An unidentified member of the audience spoke on the benefits of the % cents sales tax initiatives to the Moody students in the audience. Rolando Barrera asked about what the economic development funds would be used for. Mayor Neat and Council Member Gonzales responded that some of those answers would be forthcoming but that the basic promise was to increase the opportunities for jobs in Corpus Christi. Mayor Neat thanked the public and students for attending. He then asked Council Members to comment. Council Members Mark Scott, Henry Garrett and Javier Colmenero spoke on the benefits of the proposal programs. There being no further business to come before the Council, he adjourned the hearing at 6:40 p.m. on May 10, F000. a. BUILDING CODE BOARD OF APPEALS - Two (2) vacancies with four-year terms to 5-04-04 representing the category of Building Industry. COMPOSITION 7 members appointed by the City Council for 4-year staggered terms. It must include an architect, a general contractor, an engineer, 3 members at large from the building industry, and 1 member not connected with the building industry. Quorum shall require 4 members. MEMBERS TERM ORIGINAL APPTD. DATE Emesto Gonzalez (Not corm w/bldg. ind.) 5-04-02 Johnny Cotten (Architect) 5-04-03 Brian Barnett (Engineer) 5-04-02 Philip Skrobarczyk (Gem Cont.) 5-04-03 Gerardo Garcia (Building Industry) 5-04-00 Bill Braselton (Building Industry) 5-04-00 Richard Alan Dodson (Building Industry) 5-04-01 5-19-98 7-27-99 8-12-97 6-28-99 5-19-98 10-29-96 5-13-97 Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Gerardo Garcia (Bldg. Ind.) Bill Braselton (Bldg. Ind.) 9 8 89% 9 8 89% OTHER INDIVIDUALS EXPRESSING INTEREST AntonioArt hay Project Structural Engineer, Laurence & Associates. M.S. in Structural Engineering, University oflllinois-Urbana; B.S. Civil Engineering (Honors), Purdue University. Serves as Vice- President of Texas Society of Professional Engineers. Has conducted seismic research and has served as a transportation engineer and forensic engineer. (Qualifies - Engineer) (10-05-99) Randy Farrar President/Home Builder, TexCoast Enterprises, Inc. B .B.A. in Accounting, Texas A&M University. Civic/professional activities include: Certified Public Accountant and First Vice-President of Builders Association; 2000 Chairman of the Parade of Homes; Chairman of Governmental Relations Committee. (Qualifies - Building Industry) (2-16-00) 051600.DFT, page 1 19 Frank Trimble, III Ronald B. Wheaton MichaelYankee Architect, Wilson Pullman McCord. B.A. in Architecture, Kansas State University; 2 years postgraduate work, Trinity University. Professional/civic activities include: Advisory board member - Interim Health Care Board Director for American Institute of Architects 1997-99; Member of Texas Society of Architects and Member of Corpus Christi Symphony Guild. (Qualifies - Architect) (12-22-99) President, BMW Engineering, Inc. Areaof expertise: Mechanical Engineer. B.S. Michigan State University. Licensed by Texas State Board of Professional Engineers. (Qualifies - Engineer) (4-19-00) President, Western Steel Co. B.A. Vanderbilt University. Member of the Rotary Club, Buccaneer Commission and Corpus Christi Mustangs. (Qualifies - General Contractor) (5-18-98) 051600.DFT, page 2 20 b. COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION - Seven vacancies (7) with two-year terms to 4-01-02. COMPOSITION Board of Directors -- 9 members for 2-year terms; 7 to be appointed by the City Council, one (1) to be the City Manager of the City, and one (1) to be the Assistant City Manager ofUrbanDevelopmentoftheCity. Of~cers to be elected by the Board. ORIGINAL MEMBERS TERM APPTD. DATE * Jack Solka, Chainnan 4-01-00 10-16-84 * Erika Escobedo 4-01-00 5-11-99 * Judy Telge 4-01-00 7-03-90 * Dr. Richard Davis 4-01-00 6-08-99 * Annie J. Castro 4-01-00 7-03-90 * Dr. Lawrence Wilk 4-01-00 4-14-98 * Dan Winship 4-01-00 4-07-92 David Garcia, City Manager Tom Utter, Development Services Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Jack Solka 1 1 100% Erika Escobedo 1 1 100% Judy Telge 1 1 100% Dr. Richard Davis I 1 100% Annie J. Castro 1 1 100% Dr. Lawrence Wilk I 1 100% Dan Winship 1 I 100% OTHER INDIVIDUALS EXPRESSING INTEREST Ann Jaime R.N., Rehab Nurse Consultants. Master's of Science degree in Nursing. Serves on Texas Nurses Association District Board, Rehabilitation Hospital of South Texas board and the American Heart Association board. President of the Texas A&M Nursing Alumni Association. (2-09-00) Yvette Jaurigui Executive Director, Robstown Area Development Commission. B.A. & M.B.A. International Relations, St. Mary's University. Member of American Economic Development Council, Hispanic Women's Network, CPL Advisory Board, Hispanic Chamber and Dress for Success. (5-05-99) 051600.DFT, page 3 21 c. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU - One vacancy with a term of 3-01-01 representing the category of At-Large. COMPOSITION Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 2 - air/ground transportation industry; and 6 - 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 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. No person may serve as a voting member for a period longer than six months consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS TERM ORIGINAL APPTD. DATE Govind Nadkami (Lodging) Jody Patel (Lodging) Jim Snow (Lodging) Bill Coin (Attractions) Bert Quintanilla (Attractions) Brad Lomax (Restaurant) Cristina Garza (Restaurant) Victor Gonzalez (Transportation) Yolanda Olivarez (Transportation) * Rosario Carrizo (At large) Vangie Chapa (At large) Linda Routh (At large) Bemey Seal (At large) John Trice (At large) Bill Pmet (At large) Mayor City Manager 3-01-03 2-22-00 3-01-02 2-22-00 3 -01-02 2-22-00 3 -01-02 2-22-00 3-01-02 2-22-00 3-01-03 2-22-00 3 -01-03 2-22-00 3-01-01 2-22-00 3-01-01 2-22-00 3 -01-01 2-22-00 3-01-03 2-22-00 3-01-01 2-22-00 3-01-03 2-22-00 3-01-01 2-22-00 3-01-02 2-22-00 Ex-Officio Ex-Officio * Resigned NOTE: The Convention and Visitors Bureau Board is recommending that the following individuals be considered for the vacant at-large position: Bill Morgan (Holiday Inn -Emerald Beach), Tom Schmid (Texas State Aquarium), and Dan Viola (Texas A&M- Corpus Christi). 051600.DFT, page 4 22 INDIVIDUALS EXPRESSING INTEREST Neill F. Amsler President, AI Hogan Builder, Inc., BS from Miami University, Board Member of "Making the Grade" school program, Victoria Tech Prep, and Calhoun Victoria Foreign Trade Zone. Various single purpose committees, i.e.: Long Range Planning Committee of the Golden Crescent Regional Planning Commission, Victoria Chamber of Commerce, and Transportation Committee. (At Large) (2-02-00) Barbara Balmer General Manager, Red Roof Inn. Associate's degree in Business Administration, MTI School of Business, San Fransisco Bay Area. President of Hotel Motel Condo Association. Has worked in the hotel industry for 11 years. Former member of CVB Board under the Business Alliance. Member of the Coalition of Associations for Economic Development Board. (Lodging) (2-10-00) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Pius X Church, Literacy Council and Chamber of Commerce. (RestauranO (2-16-00) Dennis Brewer Division President, First American Title. Served on Convention & Visitors Bureau in Tyler, TX for three years. Past president of South Tyler Rotary Club. (At large) (4-14-00) Mary Garrett President, Mary Garrett & Associates. Fifteen years sales and marketing experience in hospitality industry. Her company was recently recognized as one of five largest meeting management companies in Texas. (At Large) (2-09-00) Guadalupe Gomez President. Laredo National Bank. BBA in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza. Currently serving on Senior Community Services Advisory Committee. (At Large) (12-08-99) Gary Groesbeck Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) (2-10-00) 051600.DFT, page 5 23 Alex Harris Bill Harrison Alex Kovach Jim Jones, Ph.D. Sandy Keiser Mary McQueen Anna Mercado-Flores Frank "Rocco" Montesano President, San Jacinto Title Services. M.B.A. in Management, Corpus Christi State University. Activities include member of First United Methodist Church, C.C. Rotary Club and President' s Club of Texas A&M-CC. Awarded Leadership Corpus Christi Outstanding Leadership Award, 1992. (AtZarge) (2-03-00) Owner, Lighthouse Restaurant. J.D., U.T. Austin. Member of Coastal Bend and State Restaurant Associations. (Restaurant) (2-16-00) Business Development Manager, C.C. International Airport. M.A. in Aerospace Management, Embry-Riddle Aeronautical University (N.A.S, - Satellite Campus). Activities include Leadership Corpus Christi alumni, member of Associated Airport Executives. Retired naval aviator (Lt. Comm.). (2-16-00) (Transportation) Retired Professor of Management, Del Mar College. Ph.D., University of North Texas; M.B.A., Texas A&M - CC. Recipient of the Presidents' Award from Hotel Motel Condo Association for significant contributions to the hospitality industry. (At Large) (2-16-00) Sales Manager, Thrifty Car Rental. Activites include past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (At Large) (2-10-00) Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV. Past distinctions include: produced three award- winning advertising campaigns for Texas A&M-CC (1993- 99) and CCSU-USCC Student Leadership Award recipient (1991). (Attractions) (2-18-00) President, International Meeting Planners. Management Training and Supervisory Training, Del Mar College. Served as Chairman for Hispanic Chamber of Commerce. Recipient of Outstanding Community Service Award. (At Large) (6-16-95) Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (2-04-00) 051600.DFT, page 6 24 Bill Morgan Dave Prewitt W. Mark Rand Jim Rimby G-reg Salvo Tom Schmid Kacie Sicilia Dan Viola General Manager, Holiday Inn-Emerald Beach. B.A. from Bowling Green State University, Ohio. Memberof Hotel Motel Condo Association and former Alliance board member. Adjunct faculty member, Del Mar College. Winner of Hotelier of the Year Award 1991. (Lodging) (2-16-00) General Manager, Holiday Inn - Airport. B.S. from Cal State University. Activities include Vice-President of Hospitality Sales and Marketing Association, volunteer work with Jewish Community Center, member of Westside Business Association and Hispanic Chamber of Commerce. Designated as a Certified Hotel Administrator. (Lodging) (2-17-00) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member of American Advertising Federation and Ronald McDonald House. (At Large) (2-09-00) Regional Sales Director, Zep Manufacturing. Serves on the Board of Directors for Executive Housekeepers Association and the Propeller Club. Member of the Hotel Motel Condo Association. (At Large) (2-10-00) Sales, Williams Wholesalers. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Anny Board. (AtLarge) (2-17-00) Director, Texas State Aquarium. Areas of expertise: education tourism & science. M.S. in Biological Sciences. Member of the Rotary Club and alumni of Leadership Corpus Christi. (Attractions) (0141-00) Marketing, Holiday Inn-Emerald Beach. Activities include President of Hospitality Sales & Marketing Association, member of Coastal Bend Hotel Motel & Condo Association, and volunteer with Humane Society and Women's Shelter. Recipient of 1999-2000 Hotel Motel & Condo Association. President's Award. (Lodging)(2-17-00) Director of Athletics, Texas A&M University - Corpus Christi. M.Ed. Educational Administration, University of Texas at El Paso (UTEP); B.S. Education, Weber State College, Ogden. UT. Develops. directs and supervises the administration of the future NCAA Division I men' s and women's athletic programs. (At Large) (4-20-00) 051600 .DFT, page 7 25 ELECTRICAL ADVISORY BOARD - One vacancy with term to 12-31-00 representing the category of Home Builder. COMPOSITION 9 persons appointed by the City Council: 2 persons with at least 5 years active experience as a master electrician; 1 person with at least 5 years active experience as a journeyman electrician; 2 engineers: I shall be a registered professional engineer in the State of Texas, and the other shall have a Bachelor Degree in Electrical Engineering and a minimum of 5 years experience in electrical engineering; 1 person with 5 years experience in the conunercial building industxy; one person with 5 years experience in the home building industry; and 2 members, residents of Corpus Christi, not connected with the electrical industry. Five members of the Board constitute a quorum, and concurring vote of not less than 5 members is necessary to constitute an official action of the Board. MEMBERS TERM ORIGINAL APPTD. DATE Robert Shake (Citizen at Large) Willie Flemmings (Citizen at Large) Miguel Carranco (Journeyman Elec) John Bartram (Master Elec) Frank Brogan (Reg. Engineer) Ralph Skinner (Commercial Builder) J.L. Canales (Home Builder) Joe Hemandez (Electrical Eng) Kyle Budd (Master Elec) 12-31-00 1-12-99 12-31-00 7-8-97 12-31-00 1 - 12-99 12-31-00 1 - 12-99 12-31-01 1-11-00 12-31-01 6-14-94 12-31-00 6-13-95 12-31-00 10-14-97 12-31-01 2-17-98 * Has exceeded the number of absences allowed by ordinance. INDIVIDUALS EXPRESSING INTEREST O~ando Chad Longoria Journeyman Electrician, Scott Electric. Completed the Electrical Apprenticeship Program at Roy Miller High School; 12 hours at Del Mar College. (Qualifies - Journeyman Electrician) (12-21-99) Charles E. Sebbert President, Chuck Sebbert Builder, Inc. Past president of Builder's Association. Served seven years on Building Code Board of Appeals. Currently serves as President of South Texas Home Show, Inc. (Qualifies - Home Builder) (4-06-00) Florentino Vasquez Vice PresidentJEstimator. Scott Electric. Completed a four-year electrical apprenticeship course. Currently holds a C.C. Journeyman Electrician license. Kingsville Master License, Alice Master License and Victoria Master License. (Qualifies - Master Electrician) (12-0 7- 9 9) 051600.DFT, page 8 26 COUNCIl, MEMORANDUM RECOMMENDATION: Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI-0070-00, with the following companies for the following mounts. Awards are based on low bid or only bid, for multiple progressive awards, for a total estimated annual expenditure of $576,293.73. Funds have been budgeted by Maintenance Services and Fire Department for FY 99-00. A to Z Tire and Battery Corpus ChristL TX Items: See 1) 1.1-1.5, A1-A3, 1.7-1.9, 1.11, A4; See 2) 2.1-2.3; See 3) 3.1; See 4) 4.3, 4.6, 4.8, 4.10-4.17, A5-A6, A-8; See 5) 5.1, 5.2; See 6) 6.1-6.3; See 7) 7.1-7.2; See 8) 8.1-8.6; See 9) 9.2-9.3; See 10) 10.1-10.4, A7 Creager Tire and Battery Corpus Christi. TX Items: See 1) 1.6, 1.10, 1.12; See 4) 4.1-4.2, 4.4; See 9) 9.1; See 11) 11.1-11.2 Treadco Corpus Christk TX Items: See 4) 4.9 $414,795.92 $34,997.81 $126,500.00 Grand Total: $576,293.73 Previous Contract: Vehicle and equipmere tires are inspected for wear or damage during routine scheduled maintenance work. Tires which are damaged or worn beyond acceptable safety standards are replaced with new tires. Most City vehicles operate under extreme conditions and as a result, many tires are replaced due to damage. The using departments did not recommend extension of the current contract due to changes to the specifications and estimated annual quantities for each item. Bid Invitations Issued: 12 Bids Received: 3 Price Analysis: Award Basis: Pricing has decreased approximately 5% since the last contract. The vendors stated that the decrease is due to special programs and the use of different suppliers. Only Bid - Items A1-A4, 3.1, 4.12, A5-A6, A8, 5.1-5.2, 6.1-6.3, 7.1-7.2, 8.1-8.6 These items are specialty type items. The two remaining bidders do not inventory these tires, therefore, they did not submit pricing. 27 Low Bid- Items 1.1-1.12, 2.1-2.3, 4.14.4, 4.6, 4.84.11, 4.13- 4.17, 9.1-9.3, 10.1-10.4, 11.1-11.2 Contracts will be established on a multiple progressive basis with each bidder to provide the City with backup suppliers for each type of tire bid. The bidder who submitted the low bid per item is designated primary supplier. If the primary supplier does not have a particular tire in stock, the City will eomaet the supplier which submitted the 2~ lowest bid. The process is utilized to insure the City has a readily available source of tires. Funding: Department Maintenance Service Fire Department EMS Total: Director, Materials Management Account 520210-511040180 530100-1020-12050 530100-4680-35100 Amount $ 53~293.73 24,000.00 13,000.00 $ 576,293.73 28 City of Carpus CMlstl Bid Tabulation Purchasing Division Bid Invitation No.: 81-00711-00 Buyer. Michael Barren Vehicle EquipmentTires 8 Tubes A to Z Tire 8 Battery Creeper Tire 8 Battery Description Oty Corpus Chdsd. Tom Carpus Ctxistl. Texas 1.0 PASSENGER AND LIGHT TRUCK TIRES Passenger - Radial 1.1 P-185f75R X 14,S1,BLACK 1.2 P-195/75RX 14,S2,BLACK 1.3 P -235/75R X 15,S2 BLACK 1.4 P-235f7OR X 16,S2,BLACK 1.5 P -255170R X 16,S2,BLACK 1.6 P -21 5165R X 15,S2,BLACK Al 205r70R X 15, S2 BLACK A2 215170R X14, S2 BLACK A3 205165R X 15,52 BLACK Tire Mmxdactumr N tO Light Taic k 1.7 750 X 16, URANGE LOAD D, TYPE HIGHWAY The MwwWt her Light Truck - Radial 1.8 LT 215/85R x 18, ORANGE Lod E, TL 1.9 LT 225175R x 16, URANGE Lod D, TL 1.10 LT 235/85R x 16, URANGE Lod E, TL 1.11 LT 245/75R X 16, URANGE Lod E. TL 1.12 9.50R x 16.5, 8 Ply, Lod D A4 LT235/75R X 15, L RANGE Tire Marxda ww 2.0 POLICE TIRES 2.1 P-225/70HR X 15, Black Pursuit Tubeless 2.2 P-235/70HR X 15, Black Pursuit Tubeless 2.3 P-225/60HR X 16, Black Pursuit Tubeless Tire Manufacturer 3.0 COMMERCIAL TRUCK TIRES 3.1 1100 x 20, 14, ply CEA, RAMA Highway The Manufacturer 4.0 RADIAL TRUCK TIRES 4.1 825R X 20, UR F, MXD SVC TRD, HWY LUG, OR Treedco 100 $25.50 $2,550.00 $30.00 $3,000.00 Nb 100 28.50 2,650.00 30.50 3,050A0 rib 380 31.99 12,156.20 42.75 16,245.00 Nb 180 55.00 9,900.00 69.00 12,420.00 Nb 100 68.00 6,800.00 70.00 7,000.00 n/b 150 46.00 6,900.00 34.00 5,100.00 Nb 40 38.58 1,543.20 rvb Nb 30 38.58 1,157.40 n/b ryb 20 39.43 788.60 Nb Nb 64 78 30 220 150 30 30 200 45.09 1002 49.70 1000 48.57 General 40 195.00 Alpha -Denman 20 1 195.00 3,456.00 9,619.00 49,797.40 48,570.00 7,600.00 1 3.900.001 Goodyear, Cooper 57.90 Goodyear, Cooper 87.10 82.00 Goodyear, Casper 51,00 51.00 49.50 Goodyear, Cooper Nb 3,705.60 rub rvb rvb 1,880.00 Nb 14,190.00 rVb 12,145.50 n@ 2,269.80 Nb Michelin 10,200.00I Nb 61,102.00 Nb nlb nib Nb 3,755.00 Nb $0.00 Gty of Carpus Chdstl Purchasing Division Buyer. Michael Barnes 4.2 9WR X 20, URerige F, MXD SVC TRD, HWY LUG, CF 4.3100OR X 20, URanits G, MXD SVC TRO, HWY LUG, 4.4 225r70R x 19.5, URange F, Tubeless 4.8 245175R x 22.5, URange G Radial TL HVW 4.8 2551708 x 22.5, URange G 4.9 11R x 22.5, URartge G, TL, HWY TRD 4.10 11R x 22.5, L1Range G, TL, Radial HWY Lug 4.11 1100R x 20, URange H Radial Tube Type HVVY Trend 4.12 11R x 24.5. Cut Resistant, SVC URarge G HIIVY TL 4.13 10 R x 22.5, URange G Radial TL HWY Trend 4.14 315180R x 22.5, 18 ply, Radial TL, HWY TRD non -restricted speed rating to 65 MPH 4.15 385165R x 22.5 URange (L) Radial TL, all position db 4.16 425I65R x 22.5, URange (L) TL H1Mr TRD 4.17 445165R x 22.5, URange (L) TL HWY TRD AS 9R 22.5, LOAD RANGE F, TUBELESS HWY TRD AS 315180R X 22.5, 20 PLY, RADIAL TL, HWY TRD RESTRICTED RATING A8 245170R X 19.5, LOAD RANGE F, TL Tire Manufacturer 5.0 GRADER TIRES 5.1 1300 X 24, URANGE 10 PLY Tubeless G2 5.2 1400 x 24, L1Range , 10 ply TL G2 Tire Manufadurer 6.0 LOADER TIRES 6.1 17.5 x 25, 12 ply, The Tubeless Loader L2 6.2 20.5 x 25, 12 ply. Tubeless Loader L2 5.3 750 x 15,12 Ply, Tube Type Compactor (smooth) Tire Manufacturer 7.0 INDUSTRIAL TIRES 7.1 4001480 X 8, 4 PLY, Tubeless 7.2 26.1200X12, 4 PLY Tubeless, Super Terre Tire Manufacturer 8.0 FARM,TRACTOR TIRES 25 310 30 20 20 am 10 20 4 70 180 20 4 8 30 180 95 12 16 10 10 24 M A to Z Tire & Battery Bid Tabulation Bid Invitation No.: SM70-00 Vehicle Equipment Time & Tubw 52,96:1.50 7,050.00 3,117.00 3,360.00 158,400.00 2,080.00 3,877.00 685.40 11,054.50 46,502.80 6,221.60 1,375.36 2,901.44 4,750.50 48,502.80 14,440.00 Creeper Tire & Battery 182.70 172.00 210.14 245.00 rVb 186.54 298.48 329.75 366.75 442.50 Nb rdb 157.95 Goodyear, Cooper 2,78D.00 I Nb 4,080.00 3,800.00 I Nb 4,880.00 Nb 2,760.00 rVb 104.10 1 rub 414.00 1 rVb Treadco 60.140.00 Nb 4,167.00 Nb 3,397.80 Nb 3.654.00 Nb 151,360.00 143.75 2,101.40 Nb 4,918.00 Nb nth 13,057.80 Nb 53,366.40 Nb Nb 6,595.00 447.00 1,467.00 498.00 3,540.00 566.00 125,5W.00 8,940.00 1,992.00 4,528.00 General Tire, American Steel rvb I Nb Nb Nb rVb rVb Nb Nb Nb Nb Nb Nb City of Corpus Christi Purchasing Division Buyer. Michael Barren Bid TabWatlon Bid Invitation No.: BI -0070-00 Vehicle Equipment Tires & Tubes A to Z Tire & Battery Creeper Tire & Battery 6.1 11 L X 15, 8 PLY, Labor Tubeless Nb 8 $80.00 $640.01 8.2 11L X 16, 10 PLY, Labor Tubeless Nb 16 60.60 1,280.00 8.3 14.9 X 24, 6 PLY, Tube Rt 4 183.78 735.12 8.4 16.9 X 24, 6 PLY TUBE R1 8 240.00 1,920.00 8.5 15.5 X 38, 6 PLY, Tube R1 3 225.00 675.00 8.6 16.9 X 28, 6 PLY, Tube R4 8 256.00 2,064.00 Tire Manufacturer Titan -Firestone -Alliance -Denman 9.0 LIGHT PICKUP TUBES 9.1 700 X 15, LONG STEM TUBE 8 9.42 75.36 9.2 750 X 16, LONG STEM TUBE 90 6.00 540.00 9.3 11L x 16, LONG STEM TUBE 30 9.50 285.00 Tube Manufacturer Cupples W -• 10.0 TRUCK TUBES 10.1 825R X 20, TRUCK TUBE 104 12.60 1,300.00 10.2 90OR X 20, TRUCK TUBE 100 11.50 1,150.00 10.3 1000R X 20, TRUCK TUBE 474 12.50 5,925.00 10.4 1100 X 20, TRUCK TUBE 30 15.50 465.00 A7 1100R x 20, Truck 16 16.50 264.00 Tube Manufacturer Cupples 11.0 MISCELLANEOUS TUBES 11.1 1300 X 24, TUBES 23 27.00 621.00 11.2 17.5 X 25, TUBES W/STEM 16 38.00 608.00 Tube Manufacturer Cupples Award totals 414,795.92 GRAND TOTAL 578,293.73 Contracts will be established on a multiple progressive basis to provide for backup suppliers. if the primary supplier does not have a tire or tube In stock, the secondary supplier will be contacted for delivery. It the secondary supplier does not have the tire or tube in stack, the third supplier will be contacted for delivery. Low bids designate primary suppliers and are underlined an the bid tab, Second low bid for each line Item designates secondary supplier, Third Ivry bid for each line Item designates third supplier. Nb Nb Nb Nb Nb Nb Nb rVb Nb Nb 10.17 14.07 12.78 13.21 15.86 Cooper Treadco Nb Nb Nb Nb Nb 57.12 Nb 633.60 Nb 305.10 Nb 1,463.26 Nb 1,276.00 Nb 6,261.54 Nb 475.80 Nb 561.43 Nb 544.96 Nb 34,997.81 126,500.00 COUNCIL MEMORANDUM RECOMMENDATION: (A) Ordinance appropriating $29,618.75 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; mending the FY99*00 Budget, adopted by Ordinn.ce No. 023702, to increase appropriations by $29,618.75 in the No. 5110 Maintenance Service Fund; and declaring an emergency. (B) Motion approving the purchase of one polyethylene pipe machine from SECOR, Houston, TX. for the total amount of $29,618.75, based on sole source. Funds are available through the Reserve Capital Outlay Budget for FY 98/99. The polyethylene pipe machine will be used by the Gas Departmere to straighten and re-round 4" to 6" flexible pipe. The City has historieally used steel pipe in 4' to 6" pipe applications. The City is now converting to 4" and 6" polyethylene pipe that ~mnot he uncoiled safely without the use of this machine Basis of Award: Sole Source. McElroy Manufacturing, Inc. is the sole source manufacturer of the polyethylene pipe machine, and SECOR is the only authorized distributor for this area. Funding: M~intennllc~ Services 550020-5110401 I0 Capital Outlay No. PY 5 $ 5,000 550020-511040110 Capital Outlay No. PY 9 $24,000 550020.511040110 (*)CapRai OutlayNo. PY4 $ 803 Grand Total: $29,803 (*) Item No. PY4, 12-Ton Dovetail Trailer, was budgeted at $10,000 and purchased at $9,197. Funding for these items was originally included in the FY 98/99 Capital Outlay. At the end of last fiscal year, monies were placed ~ into the reserve for capital expenditures and are currently available ~chael Barrera, C.P.M. ~ Director, Materials Management 33 AN ORDINANCE APPROPRIATING $29,618.75 FROM THE RESERVE FOR CAPITAL OUTLAY IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PURCHASE EQUIPMENT; AMENDING THE FY 99-00 BUDGET, ADOPTED BY ORDINANCE NO. 023702, TO INCREASE APPROPRIATIONS BY $29,618.75 IN THE NO. 5110 MAINTENANCE SERVICE FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $29,618.75 is appropriated from the Reserve for Capital Outlay in the No. 5110 Maintenance Services Fund to purchase equipment. SECTION 2. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by adding $29,618.75 to the No. 5110 Maintenance Services Fund. SECTION 3. That upon written request of the Mayor or five Council members. copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED .,4, k.&4~5/jJ ,2000; JAMES R. BRAY. JR.. CITY ATTORNEY By: H: LEG-DIRXVERONICA/LISA!ORD2ORD2.149 34 CITY COUNCIL AGENDA MEMORANDUM Date May 11, 2000 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant and execute a contract with the Coastal Bend Council of Governments-Area Agency on Aging for the Elderly Nutrition Program; and declaring an emergency. Item B: Appropriating a $543,640 grant from the Coastal Bend Council of Governments- Area Agency on Aging in the No. 1050 Federal/State Grants Fund forthe Elderly Nutrition Program; and declaring an emergency. Item C: Motion authorizing the City Manager, or his designee, to accept a renewal grant and execute a contract with the Texas Department of Human Services for the Title XX Meals on VVheels program; and declaring an emergency. Item D: Appropriating a $161,163 grant from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund forthe Title XX Meals on Wheels program; and declaring an emergency. ISSUE: The City of Corpus Christi provides congregate meals, home delivered meals, and benefits counseling services for citizens sixty years and older. Funding for these programs is provided through federal and state grants which must be formally accepted and appropriated each year. Authorization for the program grants will be for the period October 1, 1999 through September 30, 2000. PRIOR COUNCIL ACTION: Items A and B: On November 17, 1998, the Council approved the motion to grant authorization to accept the grant and execute a contract with the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. Items C and D: On December 15, 1998, the Council approved the motion to grant authorization to accept the grant and execute a contract with the Texas Department of Human Services for the continuation of the Title XX Meals on VVheels program. REQUIRED COUNCIL ACTION: Item A: The Council must authorize the City Manager or his designee to accept the renewal grant and execute a contract with the Coastal Bend Council of Govemments- Area Agency on Aging for the continuation of the Elderly Nutrition Program. Item B: Appropriate $543,640 from the Coastal Bend Council of Governments- Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program to the State and Federal Grants Fund. 35 Item C: The Council must authorize the City Manager or his designee to accept the renewal grant and execute a contract with the Texas Department of Human Services for the continuation of the Title XX Meals on VVheels program. Item D: Appropriate $161,163 ~'om the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on VVheels program. RECOMMENDATION: Staff recommends the City Council approve authorization to execute contracts with and appropriate the $543,640 in grant funds for the Elderly Nutrition Program, and execute contracts with and appropriate $161,163 in grant funds for the Meals on Wheels program. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information [] Contract Summary ~ 36 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City receives grant funding for senior citizens' programs through federal and state grants. The City has submitted federal grant funding for the Eldedy Nutrition Program and the Title XX Meals on VVheels programs. The Area Agency on Aging of the Coastal Bend has informed the City that federal and state grant funds are available for the Elderly Nutrition Program for FY 99-00. The Texas Department of Human Services notffied the City that State grant funds are available for the Title XX Meals on Wheels program for FY 99-00. Earlier this year, the City submitted for and received grant funding for senior programs to include the Elderly Nutrition Program, and the Meals on Wheels programs. Items A and B: The Elderly Nutrition Proaram (ENP) provides social services and a nutritious lunch to persons 60 years of age or older at eight senior centers located throughout the City. Last fiscal year we served 132,042 meals to 1,931 seniors. The centers also provide recreational and social services for persons age 50 and older, and benefits counseling services to those over 60. The grant also provides funding for the Home Delivered Meal Program, which delivers a fully prepared, well balanced meal to homebound seniors in the City. During FY 98-99, this program served 70,068 meals to 515 seniors. City staff provided 669 hours of benefits counseling services to 236 older adults in the City. These federal funds do require a local match which is budgeted as part of the FY 99-00 budget. Items C and D: The Title XX Meals on Wheels Program (MOVV) provides a home delivered nutritious lunch to elderly and/or disabled persons throughout the City. The participants in this program are screened and referred to Senior Community Services by TDHS staff. The meals are prepared in the central kitchen and delivered ready to eat by drivers Monday through Friday. The menus are certified by a dietician, and meet 1/3 of the RDA. In FY 98-99, we served 30,940 meals to 184 participants. These state funds do require a ten percent local match which is budgeted as part of the FY 99-00 budget. 37 CONTRACT SUMMARY Term: October I. 1999 to September 30. 2000 Compensation: Title llI funds will be reimbursed to the Ci.ty for benefits counseling. congregate meals. and home delivered meals. Reimbursements will be made monthly upon receipt of reimbursement claim vouchers. Assurances: Ci,ty must comply with all applicable assurances. Subcontractor responsibilities: A) B) c) D) E) F) G) H) I) J) Observe Federal and State regulations as specified by the Area Agency and Texas Department on Aging. City. shall secure all personnel required to perform services. Maintain records and support documents for a five year period. Provide monthly fiscal reports on or before the 10th day following the end of a billing month. Identi~' and maintain inventory. of equipment purchased with funds allocated to the subcontractor. Provide current information on opportunities and services available to older persons. Provide matching funds as agreed. Maintain confidentiality of records relating to clients. City. agrees to follow procedures/assurances regarding voluntary contributions for services by recipients. Maintain Client Information System and submit required reports by the 10th day of the following month. Area Agency responsibilities: A) B) C) D) Convey information on federal and state guidelines implementing the Older Americans Act. Provide technical assistance. Monitor program and fiscal operations. Conduct analysis of client usage and service demand data. General Provisions: A) B) C) D) E) F) G) Comply with Single Audit Act of 1984 and OMB Circular A- 128. No discrimination based on race. color. religion. sex. national origin. age. or handicap. Contract may be amended based upon mutually agreed terms. Subcontracting of work requires prior written approval of the Area Agency. Failure to provide services. after written notice of Area Agency on Aging, may result in default. Contract may be canceled by either party with 60 days written notice. The City will act as an independent subcontractor. H\PR-DIR~SHARED\SCS!BUDGET00~CONTSUMM WPD 38 HUMAN SERVICES CONTRACT SUMMARY FOR MEALS ON WHEELS SECTION I This contract is to authorize the Texas Department of Human Services (Department) to enter into agreement with the City. of Corpus Christi (Contractor) to provide social or other services to eligible individuals, and to accept and expend funds for this purpose. SECTION II The Depati~x~ent will monitor and conduct fiscal and/or program audits and will provide consultative and technical assistance to the contractor. The Department will be granted access to books and records for purposes of inspection. monitoring, auditing, or evaluating. The contract may be caneeled by either party. or mutually with 30 days writtennotice. The Department may terminate the contract after written notification if the Contractor falls to meet the contract, or if State and/or Federal funds are reduced or unavailable. SECTION III& IV The Contractor agrees to provide services in compliance with the contract. and all applicable Federal, State. and Department regulations. The Contractor will submit a verified and correct monthly statement of charges for services rendered. These will be submitted within 95 days of the end of the service month. The Contractor must maintain records relating to the contract for 3 years and 90 days after the end of the fiscal year. The Contractor will follow generally accepted accounting principles and Depatu~,ent fiscal management policies and procedures in maintaining fiscal records for this contract. and comply with all auditing procedures. The Contractor must be an equal oppornmity employer. have personnel policies. and comply with employment verification according to the Immigration Act of 1986 for individuals performing labor under this contract. The Contractor agrees not to discriminate against clients or any qualified person seeking employment on the basis of age. race. color, religion. sex. or national origin. The Contractor will provide information about ownership or controlling interest of the Contractor, and notify. the Department immediately of any change affecting the Contractor or contractor's identity such as ownership or control, governing board or membership. and vendor I.D. number. The Contractor must participate with the evaluation procedure. and client appeals. and have record management and client con~dentiality procedures in place. The Contractor cannot assign or transfer the contract without written notice to the Department. The Contractor will certify local financial participation as supported on Department records and reports. SECTION V The Department agrees to make payment based on funding upon receipt of verified statement. and perform evaluation studies and report to the Contractor before the evaluation is concluded. SECTION VI The scope and coverage of the services to be provided by the Contractor shall follow the attached Plan of Operation which can be amended. periodically reviewed and copies maintained on file. H:\pR-DIRxSHAREDxSCS\MOW~CONTRACTWPD 39 ORDINANCE APPROPRIATING A $543,640 GRANT FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS-AREA AGENCY ON AGING IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $543,640 grant from the Coastal Bend Council of Governments-Area Agency on Aging is appropriated in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Char~er rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and fakes 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 ~kU l{ · 2000; JAMES R. BRAY, JR., CITY ATTORNEY By: B.~Mer~'ss~Attomey 40 AN ORDINANCE APPROPRIATING A $161,163 GRANT FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE TITLE XX MEALS ON WHEELS PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a $161,163 grant is appropriated in the No. 1050 Federal/State Grants Fund from the Texas Department of Human Services for the Title XX Meals on Wheels Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary. Samuel L. Neal. Jr.. Mayor LEGALFORIVlAPPROVED~'~ ,2000; JAMES R. BRAY. JR., CITY ATTORNEY By: Bryn Meredith, Assistant City Attorney 41 ORDINANCE STATUS AGENDA ITEM: Second Reading Ordinance - Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One-way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern on: * Ft. Worth Street, in the direction of Peerman Place to Driftwood Place, during the school hours of Wilson Elementary School, * Bernandino Street, in the direction of Delgado Street to Gollihar Road, during the school hours of Prescott Elementary School, * Kasper Drive, in the direction of Lincoln Street to McArdle Road, during the school hours of Central Park Elementary School, and providing for penalties FIRST READING: May 9, 2000 Passed: 9-0 FINAL READING: May 16, 2000 COMMENTS: 43 CITY COUNCIL AGENDA MEMORANDUM DATE: April 27, 2000 AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53- 250 - Schedule I, One-way Streets and Alleys, Section (a-l) School Areas, by establishing a one-way traffic pattern on the following street sections: a. Ft. Worth Street, in the direction of Peerman Place to Driftwood Place during the school hours of Wilson Elementary School, b. Bernandino Street, in the direction of Delgado Street to Gollihar Road during the school hours of Prescott Elementary School c. Kasper Drive, in the direction of Lincoln Street to McArdle Road during the school hours of Central Park Elementary School ISSUE: The principals of Wilson Elementary School, Prescott Elementary School, and Central Park Elementary School have requested the City to implement a one-way traffic pattern on streets adjacent to their schools (see Exhibits t, 2 and 3) during morning and afternoon school hours to improve school zone traffic circulation and student pedestrian safety, REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ADDITIONAL SUPPORT MATERIAL: Background Information Exhibit 1 - Site Map Wilson for Elementary School Exhibit 2 - Site Map for Prescott Elementary School Exhibit 3 - Site Map for Central Park Elementary School Exhibit 4 - Supplementa~ Background Information AgMemWdsonlVVy400 One-Way School Zone Traffic Pattern for Wilson, Prescz~J and Central Park Elementan/Schools) Page 1 of 5) AGENDA MEMORANDUM Additional Background Information BACKGROUND: The principals of Wilson, Prescott and Central Park Elementary Schools have requested the City to study the feasibility of convening streets (Ft. Worth Street, Bernandino Street, and Kasper Drive, respectively) adjacent to their schools to one-way streets during morning and afternoon school hours. Excessive congestion, conflicts with two-way traffic movements, and increasing hazards to students having to cross two-way traffic patterns on these streets are the reasons cited for introducing the one-way traffic patterns. The study process for one-way school zone requests considers the probable traffic impact of the proposed one-way traffic pattern on neighboring streets, existing directional traffic and driveway turning movements on the proposed one-way streets Staff's analysis of the traffic conditions at these schools have included interviews with school officials and parents of students, detailed traffic counts, examination of related traffic accident experience and discussions with the Police Department. One-Way Street Criteria. The Traffic Engineering Division has three objectives for implementation of one-way school zone traffic patterns: (i) improved student pedestrian safety, (ii) reduction of school-related traffic congestion, and (iii) nominal impact of redirected traffic on abutting residential streets. Based on the observed traffic conditions and ordinary occurrence of these conditions throughout the school year, Staff is confident that the proposed one-way traffic patterns on the identified street sections will satisfy these requisite conditions. Development Alonq Proposed One-Way Streets. Each of the streets proposed for the one- way school zones are located within residential areas. Only single-family residential homes front onto or side onto the subject streets. Two of the streets, Ft. Worth Street and Kasper Street, also run adjacent to neighborhood parks. Survey of Affected Street Residents. The survey of residents along streets proposed for the one-way traffic pattern is an important element of the Staff's analysis of these requests. In most cases, the implementation of a one- way school zone traffic pattern has little impact on abutting residents since the one-way pattern occurs during only two hours of each school day ( 7:15 am to 8:15 am and 2:45 pm to 3:34 pm) 3:45pm. For each of the three school zones, door-to-door surveys were undertaken to determine the level of support and opposition to the proposals. In each of the surveys. a strong majority of the affected residents were found to be in support of the one-way proposals. The percent of respondents to these surveys comprised: between 69 % and 100 % of the households on the several streets abutting Wilson Elementary School 80 % of the households on Bernandino Street 83 % of the households on Kasper Street (One-Wav Schoot Zone Traffic Pattern for Wilson, Prescott and Central Park Elementary Schools) Page 2 of 3 46 (Background Tnformation, Continued) Accident Experience. Despite the observed congestion, each of the three school zones have experienced only nominal accident experience related to school zone congestion. None of the three schools have averaged more than one accident per year related to school traffic congestion on the subject streets. However, none of the accidents have involved students, although a number of 'near-miss' incidents with student pedestrians have been witnessed by the school administration and parents. The proposed one-way school zones will aid in minimizing the chances of such accident experience in the future. School Site Conditions and Traffic Impact Attached are descriptions of the individual school sites and related traffic conditions (Exhibit 4, Supplemental Background Information). Prior Council Action: Since 1966, prior City Councils have approved one-way school zone traffic patterns on 37 street sections at 29 elementary and middle school zones in Corpus Christi. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the Staff recommendation and unanimously voted to recommend approval to the City Council. iOne-Way School Zone Traffic Pattern for Wilson, Prescott and Central Park Elementary Schools) Page 3 of 3 47 L ALAMEDA ST. \ /- \ PROPOSED ONE-WAY PATTERN: 7:15 AM- 8:15 AM 2:45 PM- 3:45 PM (SCHOOLDAYS ONLY) DIRECTION OF PROPOSED ONE-WAY TRAFFIC PATTERN m NOTE: TRAFFIC VOLUMES __ u ~: PROJECTED ARE A TOTAL z z__ ~ ~ ~ FOR THE TIME PERIODS 7:18-8:15 AM AND 2:45-3:45 PM / HAMLIN L '~ MIDDLE SCHOOL STAPLES ST. SUBJECT: PROPOSED ONE-WAY SCHOOL ZONE ON FT. WORTH ST. FOR WILSON ELE~ENTART SCHOOL EXHIBIT 1 SITE MAP Traffic Engineering Div. Engineering Services Dept. PROPOSED ONE-WAY PATTERN 7:15 AM- 8:15 AM 2:45 PM- 3:45 PM o,,~Ec~'.o. OF PRO,~OSED I I ONE-WAY TRAFFIC PA~ERN ELEM. CUNNING~ MIDDLE SCHOOL ~EN GOLLI~ RD, ::::: -- MOODY HIGH SCHOOL TROJAN DR. SUBJECT: PROPOSED ONE-WAY SCHOOL ZONE ON BERNANDINO ST. FOR PRESCOTT ELEMENTARY SCHOOL 49 EXHIBIT 2 SITE MAP Traffic Engineering DIv. Engineering Services Dept. GOLUHAR RD. HAROLD LAMONT MARION CENTRAL PARK ELEMENTARY SCHOOL :::5:::: ::::~::: LAMONT MARION LINCOLN PRICE PARK JL PROPOSED ONE-WAY PATTERN: 7:15 AM- 8:15 AM 2:45 PM- 3:45 PM (SCHOOLDAYS ONLY) DIRECTION OF PROPOSED ONE-WAY TRAFFIC PATTERN MCARDLE RD. SOUTH PADRE ISLAND DR. SUBJECT: PROPOSED ONE-WAY SCHOOL ZONE ON KASPER DRIVE FOR CENTRAL PARK ELEMENTARY SCHOOL d EXHIBIT 3 SITE MAP Traffic Engineering DIv. Engineering Services Dept. Exhibit 4 SUPPLEMENTAL BACKGROUND ZNFORHATZON I. FT. WORTH STREET / WILSON ELEMENTARY SCHOOL CONDITIONS Background, The request to convert Ft. Wo~ch Street to a one-way street during school hours originated during meetings between the Traffic Engineering staff and the Hamlin Area Citizen Advisory Council to discuss neighborhood traffic safety concerns, including school safety issues. Discussions soon focused on the probable traffic impact of a one-way school zone along Ft. Worth Street on several intersecting residential streets, from Peerman Place to DriFoNood Place (Exhibit 1). A number of these streets will be impacted with re-directed traffic to and from the school site. Consequently, the Traffic Engineering Division conducted an extensive neighborhood-wide survey to determine the level of support or opposition for the proposed one-way school zone. The results of the survey indicated that while a majority of the street residents support the proposal, some of the support was conditional on other desired traffic safety features residents felt should be provided with a one-way school zone traffic pattern. These include (_~) consideration of speed humps (having to satis~ Residential Traffic Management Program criteria) on Peerman Race and Driftwood Place, (_2) expansion of school zone speed limit reduction from Ft. Worth Street to each of the abutting streets from Peerman Place to Driftwood Race, and (_3) piacing additional school crosswalk markings at locations agreed to by Wilson Elementary School. Each of these conditions are acceptable to the Traffic Engineering Division. Traffic Demand / Zmoact on NeiQhborhood Streets. Ft. Worth Street is a functional "residential collector" street (standard 36-ft width) with a current traffic demand of approximately 1,200 vehicles per schoolday, and with the greatest demand in the direction of the proposed one-way pattern. Since Wilson Elementary School has such a far-reaching school zone boundary, most of the students residing further from the school are transported via Alameda Street, traveling on several of the side streets between Peerman and Driftwood to access the schooJ site. Therefore, the implementation of a one-way school zone on Ft. Worth has the potential for diverting entrance and exit traffic principally on Peerman Place, Pasadena Place, Santa Monica Place, and Drift-wood Place. However, the number of available streets will make it unlikely that any one street will encounter a concentration of diverted traffic. In fact, it is highJy improbable that the highest traffic impact on any street will exceed an added burden of 50 vehicles per day. II. BERNANDINO STREET / PRESCOTT ELEMENTARY SCHOOL CONDITIONS Background. The request to convert Bernandino to a one-way street during school hours had its basis in the growing enrollment at Prescott Elementary School and associated increase in traffic. 51 (Supplemental Background Information, Page 2) Enrollment this year increased from 377 students to 457 students. Because the school's limited access frontage to Gollihar Road, a heavily-traveled arterial, does not lend itself to safe use for parking and parents letting-off or picking-up students, most of this activity is restricted to Bernandino Street, the school's only other bounding street. Traffic Demand / Impact on Neiclhborhood Streets. Bernandino Street is a functional "local residential" street (standard 24-ft width) with a current traffic demand of approximately 550 vehicles per schoolday, and with current traffic demand split equally in both directions of travel. The proposed one-way school zone lends itself welt to the desired direction parents should be taking to and from the school. Redirected traffic would impact abutting streets (Leon, Prescott, and Delgado Streets) by approximately 120 vehicles dudng the two-hour one-way school zone period. III. KASPER DRIVE / CENTRAL PARK ELEMENTARY SCHOOL CONDITIONS Back~3round. The request to convert Bernandino to a one-way street originated during the Staffs meetings with the school administration to discuss the traffic impact of the Mr. Ardle Road Phase 2 Street Improvements Project on school zone operations. During this time, it was determined that a temporary one-way traffic zone on Kasper Drive would allow the more efficient distribution of traffic during the (M cArdle Road) street construction period. After further analysis of prevailing traffic conditions at this school, the school administration and City Staff concurred that the one- way traffic pattern would benefit school zone safety during and after the HcArdle Road construction project. Traffic Demand / Impact on NeiGhborhood Streets. Kasper Drive is a functional "local residential" street (standard 24-ft width) with a current traffic demand of approximately 1,200 vehicles per schoolday, and with current traffic demand split equally in both directions of travel. The proposed one-way school zone lends itself well to the desired direction parents should be taking to and from the school. Redirected traffic would impact abutting streets (Leon, Prescott, and Delgado Streets) by approximately 120 vehicles during the two-hour one-way school zone period. 52 ON ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53 - TRAFFIC, SECTION 53-250, SCHEDULE I -ONE-WAY STREETS AND ALLEYS, SECTION (A-I) SCHOOL AREAS, BY ESTABLISHING A ONE-WAY TRAFFIC PATTERN ON FT. WORTH STREET IN THE DIRECTION OF PEERMAN PLACE TO DRIFTWOOD PLACE DURING THE SCHOOL HOURS OF WILSON ELEMENTARY SCHOOL, ON BERNANDINO STREET IN THE DIRECTION OF DELGADO STREET TO GOLLIHAR ROAD DURING THE SCHOOL HOURS OF PRESCOTT ELEMENTARY SCHOOL, AND ON KASPER DRIVE IN THE DIRECTION OF LINCOLN STREET TO McARDLE ROAD DURING THE SCHOOL HOURS OF CENTRAL PARK ELEMENTARY SCHOOL; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances Chapter 53 - Traffic, Section 53-250, Schedule I. One-way streets and alleys (a-1 ) school areas is amended. by adding the following sections: Section 53-250--Schedule I-One-way streets and alleys. (a-l) School Areas. Street or Dimztion Portion of Street ofl'ratlic Ft. Worth Street. from Peerman Place to Driftwood Place ................ South Bernandino Streett. ti'om Delgado Street to Gollihar Road ............... North Kasper Drive. from Lincoln Street to McArdle Road ................... South SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as rec]uired by the City Charter of the City ofC,>rp, us Christi SECTION 3. A violation of this one-way traffic pattern may result in a citation being issued and a fine being assessed. AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: May 16,2000) Case No. 0400-01, Marshall Company: A change of zoning from an "F-R" Farm-Rural District and "R-1B" One-family Dwelling District to an "I-2" Light Industrial District on Riverside Park Annex, Block 1, Lot 1, and Fallins Riverside, south portion of Tract 8 and north portion of Tract I2, located on the northwest comer of interstate Highway 37 and Rehfeld Road. Planning Commission and StafFs Recommendation (04/12/00): Denied the"I-2"District, and in lieu thereof, approved an "AB" Professional Office District on the north 2.96 acres and a "B-I" Neighborhood Business District on the south 1.499 acres with a "SP" Special Permit for a contractor's warehouse and outside storage subject to a site plan and five (5) conditions. Recluested Council Action: Denial of the "1-2" District, and in lieu thereof, approval of an "AB" Professional Office District on the north 2.96 acres and a "B-i" Neighborhood Business District on the south 1.499 acres with a "SP" Special Permit for a contractor's warehouse and outside storage subject to a site plan and five (5) conditions and adoption of the attached ordinance. Purpose of Request: To allow the existing residence to be used as a construction office and to allow the construction of an equipment yard and warehouse. Summary: The applicant has requested a change of zoning from an "F-R" Farm-Rural District and "R-1B" One- family Dwelling District to an "I-2" Light Industrial District in order to located a contractor's office and storage on the subject property. The subject property contains 4.46 acres of which the north 2.96 acres are zoned "F-R" District and developed with a single-family residence and the south 1.50 acres are zoned "R-1B" District and undeveloped. It is the applicant intention to convert the existing residence into the contractor's office and erect an 8,000 square foot warehouse building with approximately another 28,000 square feet of open storage. The applicant wishes to place the warehouse building behind the existing residence with the open storage between the warehouse and Interstate Highway 37. Currently, the subject property's sole access is to Rehfeld Road, a local street. Rehfeld Road is improved to rural standards (no curb, gutters, or sidewalks) with a 42-foot right-of-way, and 18-foot pavement section. This road section is not designed to carry heavy truck traffic associated with a warehouse and contractor's yard. An "I-2" District would allow, as a mater-of-fight, a wide range of industrial uses that are considered inconsistent with the adjacent residential neighborhood. The vacant "R-l B" zoned portion of the subject properly is not expected to develop with single-family residences due to its freeway frontage. Since the applicant proposes to convert the existing residence into a contractor's office, an "AB" Professional Office District would accommodate the office use and act as a buffer between the freeway and the single-family residences to the north. The proposed warehouse and outside storage could be located on the south 1.50 acre of the subject property. Given the subject property's freeway frontage, a "B-1' Neighborhood Business District with a Special Permit for the warehouse and outside storage would be appropriate. A "B-I" District would limit the type of commercial establishments and the amount of signs permitted on the property. The "B-1' District would allow signs commensurate to the property while limiting the number and size of signs. A Special Permit would limit the warehouse to 8,000 square feet and the outside storage to 28,000 square feet and require screening for the outside storage. Access to the warehouse and storage would occur from the frontage road of Interstate Highway 37 and limit access from Rehfeld Road to the proposed office. The Planning Commission on a 5-3 vote concurred with Staff and denied the "1-2" District, and in lieu thereof approved an "AB" Professional Office district on the north 2.96 acres and a "B-I" Neighborhood Business District on the south 1.499 acres with a "SP" Special Permit for a contractor's warehouse and outside storage subject to a site plan and the tollowing five {,5) conditions: 55 AgendaMemorandum May l6,2000 Case No. 0400-01 (Marshall Company) Page 2 l) USES: The only uses authorized by this Special Permit other than the uses permitted by right in the "B~I" Neighborhood Business District, are a warehouse and outside storage yard. These uses shall be associated with the contTactor's office on the adjacent lot to the north. 2) FLOOR AREA: The floor area of the proposed warehouse shall not exceed 8,000 square feet and the outside storage is limited to 28,000 square feet. 3) SCREENING: A standard screening fence with a height of not less than six (6) feet must be located along the north and west property, lines. The outside storage yard shall also be screened from adjacent public rights-of-way with a fence of not less than six (6) feet. The yard's screening fence may consist of a chain- link fence with slats. The fences must be installed before a certificate of occupancy is issued. 4) LANDSCAPING: Landscaping in compliance with article 27B, Landscape Regulations, shall be provided between the outside storage yard and the interstate Highway 37 right-of-way. In addition to the requirements of Article 27B, five (5) gallon oleander shrubs shall be installed every ten (10) feet on-center along the south and east fence line of the outside storage yard. 5) ACCESS: Vehicular access to the warehouse and outside storage yard shall be limited to the Interstate Highway 37 frontage road. Vehicular access from the adjacent lot to the north is prohibited. 6) TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property. is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Minority Oloinion: One Commissioner added a minority opinion that this property should not be viewed as industrial because of its fleeway frontage and more consideration should be given to the residents. Although the Commissioner favored the "AB' and "B-I" zoning change, he was opposed to the Special Permit allowing the warehouse and contractor's yard. AODlicant's Position: The applicant concurs with Planning Commission and StafFs recommendation. Notification: Prior to the date of this memorandum, fifteen (15) notices were mailed to the property owners within a 200-foot radius, of which two (2) were retumed in favor and three (3) were retained in opposition. The owner of the subject property submitted a letter in favor. A petition in opposition to the request was submitted with fifteen (15) signatures. The 20% rule is in effect. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 3-12 2) Comments Received Pages 13-14 3) Planning Commission Minutes \ Pages 15-17 4) Ordinances Pages 18-24 H:\PLN-DIR\ERMA\WORD\AGENDMEM\0400-01AGENDAMEMO.DOC 56 CITY COUNCIL ZONING REPORT Case No.: 0400-01 Planning Commission Hearing Date: April 12, 2000 Map No.: 45-16; 46-13 Applicant: Marshall Company Legal Descrintion/Location: Riverside Park Annex, Block 1, Lot 1, and Fallins Riverside, south portion of Tract 8 and north portion of Tract 12, located on the northwest comer of Interstate Highway 3 7 and Rehfeld Road. Area of Request: 4.46 acres Lot(s)Area: Same asabove. Current Zonina: "F-R" Farm-Rural District and "R-1B" One- family Dwelling District Request: "I-2" Light Industrial District Current Use of Property: Single-family residence. Purlnose of Request: To allow the existing residence to be used as a construction office and to allow the construction of an equipment yard and warehouse. Zoning Change Requested Due to Notice of Violation: Not applicable. Adjacent Zoninl: North. East - "R-I B" One-family Dwelling District South - (across I. H. 37) "B-4" General Business District West - "F-R" Farm-Rural District 57 8 Zoning Report Case No. 0400-01 (Marshall Company) Page 2 Adjacent Land Use: North- Single-family residences. South - (across Interstate Highway 37/Leopard Street) Contractor's office and vacant land. East - (across Rehfeld Road) Horse stables. West - Undeveloped land. Number of Residential Units Allowed: "F-R" - 1 unit (1 dwelling unit per 5 acres) "R-1B" - 10 units (7.26 dwelling units per acre) "I-2" - Temporary or permanent housing or lodging is not permitted except for a caretaker's quarters. "AB" - 107 units (36.30 dwelling units per acre) "B-I" - 54 units (36.30 dwelling units per acre) Estimated Traffic Generation: General light industrial - 51.80 average weekday vehicle trip ends per acre x 4.46 acres = 231 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) Rehfeld Road - local Interstate Highway 37 - expressway Ri~ht-of-Wav Design Current: a) b) 42-foot right-of-way with an 18-foot rural paved section. Variable right-of-way and pavement width. Planned: a) b) 50-foot right-of-way xvith a 28-foot back-to-back paved section. Same as current. 1996 Traffic Count (24-hour. weekdav. non-direetional): a) None available. 52,510 vehicles per day S8 /~ Zoning Report Case No. 0400-01 (Marshall Company) Page 3 Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zonin~ Cases: There has been no rezoning activity in the area within the past five (5) years. Zoning: Inventory: The north 2.96 acres of the subject property is part of a 17.62-acre tract of land that is zoned a "F-R" District of which 14.66 acres remain undeveloped. The south 1.50 acres of the subject property is part of a 641.78-acre tract of land zoned a "R-1B" District which is predominantly developed with single-family residential and contains undeveloped land and horse stables. South of the subject property is a 53.04-acre tract of land zoned a "B-4" District that is developed with retail stores, offices, multiple and single-family uses. This "B4" District extends east and west along IH-37 and Leopard Street. P!annin~ Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "F-R' Farm-Rural District and "R-1B" One-family Dwelling District to an "I-2" Light Industrial District in order to located a contractor's office and storage on the subject property. The subject property contains 4.46 acres of which the north 2.96 acres are zoned "F-R" District and developed with a single-family residence and the south 1.50 acres are zoned "R-1B" District and undeveloped. It is the applicant intention to convert the existing residence into the contractor's office and erect an 8,000 square foot warehouse building with approximately another 28,000 square feet of open storage. The applicant wishes to place the warehouse building behind the existing residence with the open storage between the warehouse and Interstate Highway 37. Currently, the subject property's sole access is to Rehfeld Road. a local street. Rehfeld Road is improved to rural standards (no curb, gutters, or sidewalks) with a 42-foot right-of-way. and 18-foot pavement section. This road section is not designed to carry heavy truck traffic associated with a warehouse and contractor's yard. An "I-2" District would allow, as a mater-of-right, a wide range of industrial uses that are considered inconsistent with the adjacent residential neighborhood. The vacant "R-1B" zoned portion of the subject property. is not expected to develop with single-family residences due to its freeway frontage. Since the applicant proposes to convert the existing residence into a contractor's office, an "AB" Professional Office District would accommodate the office use and act as a buffer between the freeway and the single-family residences to the north. The proposed warehouse and outside storage could be located on the south 1.50 acre of the subject property. Given the subject propert3r.'s freeway frontage, a 59 ~ Zoning Repor~ Case No. 0400-01 (Marshall Company) Page 4 "B-1" Neighborhood Business District ~vith a Special Permit for the warehouse and outside storage would be appropriate. A "B-I" District would limit the type of commercial establishments and the amount of signs permitted on the property. The "B-1" District would allow signs commensurate to the property while limiting the number and size of signs. A Special Permit would limit the warehouse to 8,000 square feet and the outside storage to 28,000 square feet and require screening for the outside storage. Access to the warehouse and storage would occur from the frontage road of Interstate Highway 37 and limit access from Rehfetd Road to the proposed office. ConformiW to the Comprehensive Plan and Land Use CompatibiliW: Overall, the Comprehensive Plan Elements cannot be supportive of the requested "1-2" District. With direct access to the frontage road, it can support some non-residential zoning. The Northwest Area Development Plan' s adopted future land use map recommends the area to develop with low-density residential uses. The requested "I-2" District is not consistent with the adopted Plan. Some deviation from the Plan's recommendation would be supported due to its frontage along a freeway. An "AB" District on the north tract would provide protection to the residences to the north and a "B-I" District on the south tract would be appropriate for property with direct access to a freeway. Potential Housin~ Densitv: The "F-R" District permits one dwelling unit for each five (5) acres or one dwelling unit on the subject property. The "I-2" District does not permit temporary or permanent housing or lodging, except for a caretaker's quarters. An "AB" and "B-1" Districts permit a density of 36.30 dwelling units per acre or 107 units on the north tract of the subject property and 54 units on the south tract. With frontage onto a freeway, the increase in density from the "AB" and "B-I" Districts would not adversely impact the residential property to the north. Height/Bulk/Setbacks/Etc.: An "F-R" District does have any required setbacks or building height limitations. The "AB", "B-1'~ and "I-2" Districts require a front yard setback of twenty (20) feet. Side and rear yard setbacks in the "AB" District are required to be ten (10) feet each. There are no side or rear yard setback requirements in the "B-I" or "I-2" District unless adjacent to a residential district where a setback often (10) feet would be required. Both the "AB" and "B-i" District limit the building height to three (3) stories, but the "AB' District permits 45 feet and the "B-1' District permits 35 feet. The "I-2" District does not limit the building height. Si.~na~e: The "F-R" District does not permit any signs unless to advertise products grown on the property. An "AB' District permits one wall sign not to exceed twenty (20) square feet. A freestanding may be permitted after Planning Commission approval, in lieu of the wall sign, and limited to t~venty (20) square feet and fifteen (15) feet in height. Both the "B-I" and "I-2" Districts permit unlimited wall signs. A "B-I" District permits one freestanding sign per premise with an area of forty (40) square feet and a height of t~venty (20) feet. Freestanding signs in the "I-2" District are unlimited as to size, height, or number provided they are located behind the front yard setback. The "I-2" District also permits one 60 ~ Zoning Report Case No. 0400-01 (Marshall Company) Page 5 freestanding sign per street frontage limited to an area of forty (40) square feet and a height of 25 feet. Off-premise signs (billboards) are also permitted in the "I-2" District. Traffic: The proposed contractor's office and storage use will not generate as much traffic (231 daily trip ends) as if the property were developed with single-family residences (312 daily trip ends with 31 residences). However, the traffic associated with the contractor's use consists of large tracks and trailers that are heavier than the automobile. These heavier vehicles would adversely impact Rehfeld Road, a local street. Therefore, these heavy vehicles should be limited to access from the freeway's frontage road. Parking/Screening: An office use is required to provide one parking space for each 250 square feet of gross floor area The contractor's office will contain 3,923 square feet of floor area that will require a minimum of sixteen (16) off-street parking spaces. There is sufficient property to accommodate the required parking. The warehouse and outside storage will not require additional parking. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A screening fence will be required along the north and west property lines of the subject property. The outside storage will require screening from the adjacent properties and public fights-of-way. Costs to City: The rezoning of the subject property will not require any maintenance by the City. Unless the City improves Rehfeld Road to its planned pavement width, them no anticipated costs to the City. Platting: The north 2.96-acre tract of the subject property is a platted lot and further replatting is not required. The south 1.5-acre tract of land is not platted and will be required to plat before a building permit can be issued. Pros: (Ideas in support of the request.) a) The subject property has direct access to a freeway frontage road without traversing a residential area. Cons: (Ideas in support of maintaining the current zoning.) a) With residential adjacency, the uses permitted in the "I-T' District would adversely impact the residential area. b) Traffic associated with a contractor's storage yard would adversely impact Rehfeld Road, a local street. c) An "AB' District on the north tract of the subject property. would provide a buffer between the freeway on the south and the residential to the north. 61 Zoning Repor~ Case No. 0400-01 (Marshall Company) Page 6 d) A "B-I" District on the south tract of the subject property with a Special Permit for the warehouse and outside storage would not impact the residential area would allow access to the freeway. Staff Recommendation: Denial of the "I-2" District, and in lieu thereof, approval of an "AB" Professional Office District on the north 2.96 acres and a "B-I" Neighborhood Business District on the south 1.499 acres with a Special Permit for a contractor's warehouse and outside storage subject to a site plan and the following conditions: USES: The only uses authorized by this Special Permit other than the uses permitted by right in the "B-I" Neighborhood Business District, are a warehouse and outside storage yard. These uses shall be associated with the contractor' s office on the adjacent lot to the north. FLOOR AREA: The floor area of the proposed warehouse shall not exceed 8,000 square feet and the outside storage is limited to 28,000 square feet. SCREENING: A standard screening fence with a height of not less than six (6) feet must be located along the north and west property lines. The outside storage yard shall also be screened from adjacent public rights-of-way with a fence of not less than six (6) feet. The yard's screening fence may consist of a chain-link fence with slats. The fences must be installed before a certificate of occupancy is issued. LANDSCAPING: Landscaping in compliance with Article 27B. Landscape Regulations, shall be provided between the outside storage yard and the Interstate Highway 37 fight-of- way. In addition to the requirements of Article 27B, a tree with a height of not less than six (6) feet shall be installed every fifty (50) feet on-center along the frontage of the outside storage yard. , TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Attachments: Site Plan Zoning and Ownership Map Ownership List Northwest Area Location Map H:\PLN-DI RXERJVlA\WORD~ONRPTS\040001REP.DOC 62 g ~ R--1B~ ~ sm-rr~' BLUEBONNET F-R FAR~S G. GRANT / / / / / / FALLINS Ivhar 31, 2000 - RP CASE Z0400-01 See Comments on Page(s) r /,,~ -/4t Subject property Ownere within 2~ feet listed on ottoehed ~ers. i~ list /~ PROPERTY OWNER LABELS CASE NO. 0400-01 Applicant: Marshall Company C/o Richard Dodson P. O. Box 4995 78469 (1) (sP) (2) (3) 2370-0000-0700 Dennis W. Schirmer 13 118 Shelton Blvd. Corpus Chfisti, TX 78410 Fallins RiveBide 0.23 ac out of Tr 7; 0.537 ac out of Tr 11; Bk 1 I, Lt 1, less por to ROW 2370-0000-0850 Lew Larson 4505 Rehfeld Rd. Corpus Christ-i, TX 78410 Fallins RiveBide 1.494 acs out of S Pt of Tr 8 & N Pt of Tr 12; RiveBide Pank Annex, Bk 1, Lt I 2370-0007-0010 Hoyte Genuy P. O. Box 4228 Corpus Christi, TX 78408 Fallins RiveBide 12.07 acs out of Tr 7 2385-0024-0010 Alfred P. Barn/ c/o Alfred P. Ban'y, Jr. 9117 Oak Downs San Antonio, TX 78230 G. Farias GranL 13 acs out of Tr 24 (4) 3015 -0000-0105 High-Tide Parmership, Ltd. P. O. Box 601295 Dallas, Texas 75360 Griffin W. R. Bluebonnet 0.83 acre out ofLt l 1 (5) 7353-0002-0100 E. P. Dykes et ux P. O. Box 10563 Corpus Christi, 'IX 78410 Riverside Park, Bk2, Lt 10 H:\pLN-DIR~ERMA\WORD\040OO 1 lab.doc (6) (7) (8) (9) (lo) (11) (12) 7353 -0o02-0110 Larry D. Thieme 4602 Crystal Lane Corpus Chdsti, TX 78410 RiveBide Park, Bk 2, Lts 11 &12 3015-0000-0065 Bruce Lowman 4422 Hackberry Lane Corpus Christi, TX 78410 Griffin W. FL Bluebonnet, S 45' of Lt 6, all Lt 7 & N18.4' of Lt 8, less pot ROW; 0.302 ac out of Lt 8 7353-0003-0010 Dorothea Brumme 4501 Crystal Lane Corpus Chris~ TX 78410 Riverside Park, Bk 3, Lt I 7353.0003-0020 Gary Wayne Stokley 4505 Crystal Lane Corpus Christi, 'IX 78410 Riverside Park, Bk 3, Lt 2 &3 7353-0003-0040 Ottie Zieger 4513 Crystal Lane Corpus Christi. TX 78410 RiveBide Park, Bk 3, Lt 4 7353-0003-0050 Van L. Blacklock 4517 Crystal Lane Corpus Christi, TX 78410 Riverside Park, Bk 3, Lt 5 7353-0003-0060 Rodolfo Alaniz 4521 Crystal Lane Corpus Christi. TX 78410 RiveBide Park, Bk 3, Lt 6 (13) (14) (15) 7353-0003-0o70 John Gimlet 4525 Crystal Lane Corpus Christi, TX 78410 Riverside Park, Bk 3, Lt 7 7353-0003-0080 Raymond P. Malish 4601 Crystal Lane Corpus Christi, 'IX 787410 Riverside Park, Bk 3, Lts 8 &9 Texas Department of Transportation 1701 S. Padre Island Drive Corpus Christi, TX 78416 IH. 37 ROW Arturo Almendariz, Sup~,iu~endent Calallen I.S.D. 4205 Wildcat Dr. Corpus Christi, TX 78410 Jennell Richter Record Star P. O. Box 1192 _ Robston, TX 78380 65 Z 66 /Z COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0400-01 Marshall Company · Favor ~( Opposed (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 2) II. III. Hoyte Gentry, 12235 Up River Road No written comment. 6) Larry D. Thieme, 4602 Crystal Lane No written comment. Ol~oosition: 3) Alfred P. Ban'y, Jr., 12401 Up River Road "I bought my property because it was in a residential area. Changing the zoning of adjacent property to other than "F-R" or "R-1B" would negatively impact my quality of life and the value of my property." 10) Ottie Zieger, 4513 Crystal Lane No written comment. I4) Raymond P. Malish, 4601 Crystal Lane Signed petition. Responses received from outside the 200-foot notification area: Favor: None. Ooposition: None. Responses received from owners/applicants of subject area: Favor: · kew Larson. 4505 Rehfeld Road No written comment. Ool~osition: None. B7 Case No. 0400-01 (Marshall Company) Page 2 IV. Petitions received. Favor: None. Opposed: One (1) petition was received with 15 signatures. H:\pLN-DIR\ERMA\WORD\COMMDATA\040001COM.DOC 6s t¥ Planning Commission Minutes April 12. 2000 Marshall Company: 0400-01 REQUEST: "F-R" Farm-Rural District and "R-1B" One-family Dwelling District to "I-2' Light Industrial District on Riverside Park Annex, Block 1, Lot 1 and Fallins Riverside. south portion of Tract 8 and north portion of Tract 12, located on the northwest coroer of Interstate Highway 37 and Rehfeld Road. Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. The areas to the north and east are zoned "R-1B" One-family Dwelling District and developed with residences and horse stables; the are to the south is zoned "B-4" General Business District and developed with a contmctor's office and vacant land; and the area to the west is zoned "F-R" Farm-Rural District and remains undeveloped. Mr. Saidaria stated that the applicant is seeking a change of zoning to allow the existing residence to be used as a construction office and to allow the construction of an 8.000 square foot warehouse and 28,000 square foot equipment yard. The applicant wishes to place the warehouse building behind the existing residence and the open storage between the warehouse and Interstate Highway 37. As the subject property is currently developed, access to the subject property is from Rehfeld Road, a local street which is improved to rural standards which means that the road could not handle the traffic typically associated with a contractor's yard. An "I-2" District would allow heavy vehicles on Rehfeld Road along with other uses that are not appropriate with residential adjacency. It is Staff's opinion that the subject property will not develop with single-family residence due to its proximity to a major freeway. Since the applicant proposes to convert the existing residence into a contractor's office, an "AB" Professional Office District would accommodate the office. It would not accommodate the applicant's proposed warehouse. However. the "AB" District would act as a buffer between the freeway and the sIngle-family residences to the north. The proposed warehouse and outside storage could be located on the south 1.50-acre of the subject property. An "I-2" District would also not be appropriate on this tract. With frontage along a freeway, a "B-I" Neighborhood Business District with a Special Permit for the warehouse and outside storage would be appropriate. A Special Permit would limit the warehouse to 8,000 square feet and the outside storage to 28,000 square feet and require screenIng for the outside storage. The subject property is within the Northwest Area Development Plan which recommends the area to develop with low-density residential uses. The requested "I-2" DisClet is not consistent with the adopted plan. Some deviation from the Plan's recommendation would be supported due to its frontage along a freeway. An "AB" District on the north tract would provide protection to the residences to the north and a "B-I" District on the south tract would be appropriate for property with direct access to a freeway. Mr. Saidaria read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends denial of the "1-2" District. and in lieu thereof, approval of an "AB" Professional Office District on the north 2.96 acres and a "B-I" Neighborhood Business District with a Special Permit for a contracmr's warehouse and outside storage subject to a site plan and the following conditions on the south 1.499 acres: Uses: The only uses authorized by this Special Permit other than the uses penn irted by right in the "B-I' Neighborhood Business District, are a warehouse and outside storage yard. These uses shall be associated with the contractor's office on the adjacent lot to the north. Floor Area: Tile iioor area oF the proposed ~ardlou~c Mlall uut e,xcc¢d 8,GO0 square feet and the outside storage is limited to 28,000 square feet. Screenin.~: A standard screening fence with a height of not less than six (6) feet must be located along the north and west propert):' lines. The outside storage yard shall also be screened from adjacent public rights-of-way with a fence of not less than six (6) feet. The yard's screening fence may consist of a chain-link fence with slats. The fences must be installed be/bre a certificate of occupancy is issued. 69 PIanning Commission Minutes April 12. 2000 Case No. 0400-01 (Marshall Company) Page 2 Landscaping: Landscaping in compliance with Article 27B. Landscape Regulations shall be provided between the outside storage and the Interstate Highway 37 right-of-way. In addition to the requirements of Article 27B. a tree with a height of not less than six (6) feet shall be installed every fifty (50) feet on-center along the frontage of the outside storage yard. Time Limit: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. Mr. Saidaria stated that there were two (2) residences within a 200-foot radius of the subject property in favor of the rezoning request, three (3) in opposition. and that a petition had been submitted listing 15 names of residences in opposition to rezoning request. Chairman Guzman opened the public hearing. Chris Anderson, 4638 Crystal/4635 Rehfeld, referenced the slide illustration presented by Mr. Saidaria and stated that there was not adequate drainage for the area. He continued that there was poor access for the subject properly and that the traffic would traverse via Rehfeld. Mr. Anderson stated that he was concerned with the children who live along Rehfeld Drive and requested that access to the subject property be restricted to Interstate Highway 37. When asked whether he was in opposition to the Special Permit. Mr. Anderson answered that he was opposed to all aspects ofrezoning for the subject property. Richard Dodson. applicant, stated that the proposed use for the subject property was to serve as a "laydown yard" which stores backhoes, job site trailers, and building materials. With regard to the traffic flow into the subject property, Mr. Dodson stated that there would be approximately two to three material deliveries per week, five employees arriving and departing the office on a daily basis. He stated that he believed there would be approximately eight to ten trips per day including visitors. Mr. Dodson distributed site plans for the proposed use on the subject property. He continued that he proposed to place Oleander bushes along the Interstate Highway 37 right- of-way. With regard to the site plan, Commissioner Richter questioned whether the proposed entrance via Interstate Highway 37 had been approved by TXDOT to which Mr. Dodson replied in the negative. Mr. Dodson stated that a rezoning request had to be approved prior to presentation of the site plan to TXDOT. Alfred Berry, 12401 Up River Road. owner of the 13-acre tract to the west of the subject property, stated that he did not support the rezoning request. He objected to property values decreasing, the increase in traffic and the increase in noise that would generate from the proposed use. He stated that portions of his property. are higher and that a six-foot fence would not screen the yard from his view. He continued that he did not agree with developing the area for industrial uses due to the fact that runoff could contaminate the water and/or groundwater. He stated that he was also opposed to the issuance of a Special Permit. Lou Larson. owner of the subject property, stated that he believes after living near Interstate Highway 37 is noisy and continued that he had been a resident on the subject property for 25 years. Mr. Larson stated that he did not believe that developing the property with an "F-R" Farm-Rural use as currently allowed would be desirable for the neighborhood. Mr. Larson stated that he was in favor of the rezoning request. Bill Ward. 318 Chenowick, stated that as a real estate agent he believed the proposed use for the subject property would be beneficial for the neighbors. Public hearing was closed. Commissioner Kelly expressed concern with portions of Interstate Highway 37 becoming an industrial zone and stated that tourists' view of the entrance to Corpus Christi is outlined with industrial uses. 7O Planning Commission Minutes April 12. 2000 Case No. 0400-01 (Marshall Company) Page 3 Commissioner Mims stated that she preferred that access be restricted to Interstate Highway 37 and requested that restricted access be a condition of the Special Permit. Mr. Salda~a agreed and placed a sixth condition for the Special Permit. Commissioner Cheek stated, for the record, that the information distributed by the applicant was for an appraisal performed in previous years and that he was not aware that the information would be used for the zoning Motion by Mims, seconded by Sween-McGloin, to approve Staffs recommendation and include a sixth condition restricting access to the storage yard to Interstate Highway 37 and allowing Oleanders to be used along the Interstate Highway 37 right-of-way. Motion passed with Bertanga, Mires, Richter, Sween-McGloin, and Guzman voting "Aye"; Cheek, Kelly, and Noyota voting "Nay" and Underbrink being absent. Minority Opinion as stated by Commissioner Kelly: The general consensus in the northwest part of Corpus Christi is that City Hall views this area as an industrial area. The area surrounding the subject property has been residential. In consideration of the residents of the area, Commissioner Kelly opposed the rezoning request due to the opposition received and a petition submitted by residents of the neighborhood. 71 AN ORDINANCE PLANNING COMMISSION AND STAFF'S RECOMMENDATION AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE MARSHALL COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 2.96 ACRES, CONSISTING OF LOT 1, BLOCK 1, RIVERSIDE PARK ANNEX, ("2.96 ACRES") AND APPROXIMATELY 1.499 ACRES OUT OF SOUTH PORTION TRACT 8 AND NORTH PORTION TRACT 12, FALLINS RIVERSIDE, ("1.499 ACRES") BY CHANGING "2.96 ACRES"FROM "F-R" FARM-RURAL DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT AND BY CHANGING "1.499 ACRES"FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR A CONTRACTOR'S WAREHOUSE AND OUTSIDE STORAGE SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; 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 Marshall Company for amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, -- Apdl 12, 2000, dudng a meeting of the Planning Commission, and on Tuesday, May 16 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 approximately 2.96 acres, consisting of Lot 1, Block 1, Riverside Park Annex, located on the west side of Rehfeld Road, approximately 60 feet north of Interstate Highway 37, from "F-R" Farm-Rural Distdct to "AB" Professional Office District. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of approximately 1.499 acres, consisting of the south portion of Tract 8 and the north portion of Tract 12, Fallins Riverside, located on the northwest corner of Interstate Highway 37 and Rehfeld Road, from "R-1 B" One-family \\C~-~HAL~2\USERS\LEG~D~R\VER~N~CA~DDCURT~S``MYD~CS~2~P&Z~RD~\D~YLEC.~Z~4~1A~D~C 2 Dwelling Distdct to "B-1" Neighborhood Business District. Metes and bounds description is attached as Exhibit A. SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended and a Special Permit is granted for a contractor's warehouse and outside storage on approximately 1.499 acres, consisting of the south portion of Tract 8 and the north portion of Tract 12, Fallins Riverside, located on the northwest comer of Interstate Highway 37 and Rehfeld Road, (zoned "B-1" Neighborhood Business Distdct by Section 2 of this Ordinance). Metes and bounds description is attached as Exhibit A. SECTION 4. That the Special Permit granted in Section 3 of this Ordinance is subject to a site plan, attached as Exhibit B, and the following six (6) conditions: I. ALLOWED USES: The only uses authorized by this Special Pen-nit other than the uses permitted by fight in the "B-I" Neighborhood Business District, are a warehouse and outside storage yard. These uses shall be associated with the contractor's office on the adjacent lot to the north. 2. FLOOR AREA: The floor area of the proposed warehouse shall not exceed 8,000 square feet and the outside storage is limited to 28,000 square feet. 3. SCREENING: A standard screening fence with a height of not less than six (6) feet must be located along the north and west property lines. The outside storage yard shall also be screened from adjacent public fights-of-way with a fence of not less than six (6) feet. The yard's screening fence may consist of a chain-link fence with slats. The fences must be installed before a certificate of occupancy is issued. 4. LANDSCAPING: Landscaping in compliance with Article 27B, Landscape Regulations, shall be provided between the outside storage yard and the Interstate Highway 37 fight-of-way. In addition to the requirements of Article 27B, tire (5) gallon oleander shrubs shall be installed every ten (10) feet on-center along the south and east fence line of the outside storage yard. 5. ACCESS: Vehicular access to the warehouse and outside storage yard shall be limited to the Interstate Highway 37 frontage road. Vehicular access from or to the adjacent lot to the north is prohibited. 6. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 5. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Sections 1 through 4, inclusive, of this ordinance. SECTION 6. 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, \\C~TYHALL~2\USERS\LEG~D~R~VER~N~CA\DDCURT~SMVIYD~CS~-~\P&Z~RD~\D~YLEC~4~1A~D~C 73 /q 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 the foregoing amendments to the Zoning Ordinance represent 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 all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 9. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 10. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of May, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City S~cretar~ Samuel L. Neal, Jr. Mayor, The City of Corpus Chrisd APPROVED May 10, 2000: Doyle .E~./Curtis, Senior Assistant City Attorney \\C~TYHALL~2XUSERS\LEG~D~R\VER~N~CA\DDCURT~S`~MYD~CSt.2~\P&Z~RD~\D~YLEC~-~4~1A~D~C 74 Being thst portion of Lot No. Twelve (12) (N) Ql llighwuy No. Nine (9) and the South (S) per;Joe of Lot Eight (8}, F:llin's Riverside Subdivision, ~s shown by the Q([icial m~lm Qr ptSt Of ~id cUbdivisiOn, of record in Volume 4. Pnge 60. M~p Records el Nueces County, Texas. to whieim reference is heruhy made; Said ~ract being more p~r:lcul~rly described by metes and bounds as ~Qllows; ~o-wzt: BEGINNING at an iron hie where the East (E) baundary line o~ Lot T~elve (12)0 Fallin*s Riverssde Subdivision ~n~srsec~s ths North (N) right of way line oZ Rlghway No. Nine (9) for ~e Southeast (SE) corner ol the tract hercan described; T~ENCE North (t{) Thirty'Seven ~37) d~grees an~ t~o ~nd five tenths (2.5) mtuu:ee East along the East (gO boundary Line o~ Lot ff~-elve (12) s~d Eight (8) of F~ilic's Riverside Subdivision. Eight Hundred teenay seven and one tenths (827.1) leer :o an iron pin 'for the Northeast (l~) corner of this ~enee North (N) Fifty ~wo (52) degrees ~nd Fifty Seven and Five Tenths (57.5) minutes West (W} Five flucared zna ~lxCeen ~ud ~lgh~ Tenths (516.8) f.t to an iron pin se~ in an old ~ence ~ ino fur ~he Northwest (NW) corner of :his ~r~c~; Thence S,~u~b (S) Thirty Seven (37} degrees and Two and Five Tenths (2.5) minutes Wes~ (W) ~long ~he aloremeu~ioned old ~euce line a distance eL Eight Hundred and Fifty Nine (859) ~ee~ Co an iron piU"set in the North (N) rig~ ol way line ol 1llghway Number Nine (9) for the Southwest (SW) corner of trac:; ~unce SBuLh (3) Fifty ~ix degrees ~na Lhtr~y and five (30.5) minu~es gas: (E) along the Nort~ (N) right of way line of ~he afor~entioned Highway Nu~er Nine (9) a dimEonce of Five Hundred ~even~een and Elgh~ Tenths (517.8) fu~ to the pluce of beginning ~ud th'e Southeas~ (SE} corner of ~hts ~ract; containing Ten ~cres (10) ~ land, ~re or less; 8A~ A~ ~ therelmm tho three (3) ~rs :uc~ of lind oil o~ the Northwesterly mud of_. tbi a~e ~l~$1bed trZc~of ~t 8 conveyed ~o J. B." b~ deed dat~ ~ 12,']953,'r~ded in VoI~e 525, p~e 130. Deed Eecords of Nueces ~uu~y, Texu; and further ~ha~ 0.527 of an acre o~ l~nd conve~ed off oZ the Southwesterly end of the abave demcribad trzc~ out ol ~t 12 ~o ~he State ol Texas by dee~ da~ed Dec~ber 15, 1953, recorded In Volume 621~ page l, Deed Records oZ SueaGe ~un~y, Texu; and further 4.219 ~cres ol l~nd, ~re or le~, out of tha~ Nr:lon ul ~ 12 ~t 8, Fallin's ~verside Subdivision as shown by the official ~r plat of said subdivision of re~rd in Voice 4, Pa~e GO of the Map Records oi Nueces Couut~, Texas, and being the p~perty conveyed to Frz~ Br~lgu ~nd Herris Brgsl&u Co Lucjlle Mmey by deed dated Janua~ 22, 1958, remrded In Volme 799, Page d23-425 of the Deed Records of Nueces County, Texu. conveyed to the 8~2to o~ Texu bt condmnocton pruceeoinC ~394, Hatch II, 1~6. Subject to ~nt und nil restrictive covenants of record affcctjn~ Lhu ~bovu de~tribod property: ~nd Oeu-II~lr (i/g) o1' ~Ii mineral~ ~nd mlnur~l rights ~s seC out in MInernl Deed from E. J. D~vid to Juliu T. D~vld d~ed August 27; 1929 recorded in Volume 7, p~Ke 310, 0tl & GEe Records of Nuouos Coun~y, Texas; ~nd Rlgh~ .r Wuy Easement Grunt d~tud Oct~hcr ~R, 1937 From Ales Fint~ tel the CILy of Corpus Christ:i. ruc{~r~ud Jn Volume 235. ~:~c GOG. Deed Records of Nucce~ Couety, Texus DEED RECi)fiOq 76 APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE MARSHALL COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 2.96 ACRES, CONSISTING OF LOT '1, BLOCK 1, RIVERSIDE PARK ANNEX, AND APPROXIMATELY 1.499 ACRES OUT OF SOUTH PORTION TRACT 8 AND NORTH PORTION TRACT 12, FALLINS RIVERSIDE, FROM "F-R" FARM-RURAL DISTRICT AND "R-1B" ONE-FAMILY DWELLING DISTRICT, RESPECTIVELY, TO "1-2" LIGHT INDUSTRIAL 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 Marshall Company 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, April 12, 2000, during a meeting of the Planning Commission, and on Tuesday, May 16, 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 Chdsti 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 approximately 2.96 acres, consisting of Lot 1, Block 1, Riverside Park Annex, and approximately 1.499 acres, consisting of the south portion of Tract 8 and the north portion of Tract 12, Fallins Riverside, located on the northwest comer of Interstate Highway 37 and Rehfeld Road, from "F-R" Farm-Rural District and "R-1 B" One-family Dwelling District, respectively, to "T-2" Light Industrial 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 Dy ,.~ectlon 1 of tn~s ordinance. SECTION 3. 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. \~C~TYHALL~2\USERS.d-EG~D~R\VER~N~CA~DDCUR~RS~V~YD~CS~2~`~&Z~RD~D~YLEC~Z~4~1 B.DOC 77 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. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of May, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED May 10, 2000: \xC~TYHALL~2\USERS~EG~D~R\VER~N~CA\D~CURT~S~/~YD~CSx2~xP&Z~RD~D~YLEC\Z~4~1 B.DOC 78 CITY COUNCIL AGENDA MEMORANDUM May 12, 2000 AGENDA ITEM: Disannexing from the City the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"])located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said Distdct and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager, or designee, to execute a Tourist Industrial District Agreement, effective as of May 16, 2000, with "Owner", pursuant to § 42.044 Texas Local Government Code and to file the Agreement in the Official Records Of Nueces County, Texas; and providing for severance; and declaring an emergency. ISSUE: A request has been received from Kenneth L. Berry and wife, Brenda L. Berry, to disannex a small island off Ingleside Point and to place the land within a Tourist Industrial District. Disannexation and the creation of a Tourist Industrial District require Council action. CONCLUSION AND RECOMMENDATION: We believe that the disannexation and Tourist Industrial District Agreement resolve the issue of services to the Island while at the same time protecting the City's revenue stream requires compliance with the Corps of Engineers permit and specifically not allowing any development of any greater intensity than tourist development. We recommend disannexation and the establishment of the Tourist Industrial District. W. Thomas Utter Assistant City Manager 79 BACKGROUNDINFORMATION City staff has received a request from Kenneth L. Berry and wife, Brenda L. Berry to disannex their property consisting of a small island off Ingleside point and to place the property in a Tourist Industrial District (see Exhibit 1 ). Composition of the area is somewhat complex in that the core of the Island was originally part of the San Patricio County mainland. When the La Quinta Channel was dug, that portion was separated from the mainland. However, it remains in San Patricio County. There has also been accretion to the Island which falls in Nueces County. Since the City limit line runs along the north shore of the Bay, the entire Island is located within the City. The Island is made up of approximately 231.793 acres. There is a small gas compression facility located on the Island and Mr. & Mrs. Berry have also placed a residential structure on the Island. The Island is unique in terms of location, configuration, and private ownership. There are no City services to the Island. In our discussions with Mr. & Mrs. Berry, they have requested that the City disannex their property and place the property in a Tourist Industrial District. The terms of the Tourist Industrial District which we are proposing are substantially different from the standard Industrial District Agreement which the City has utilized for industries along the ship channel. The proposed agreement is much shorter, but imposes substantially higher standards: Use of the property shall be limited to tourist industry purposes, and no other industrial use (other than the gas compressor facility already located on the Island) shall be permitted. The owner shall pay to the City in lieu of property taxes an amount equal to one hundred percent (100%) of the ad valorem taxes which would otherwise · be payable to the City for the land and improvements if the property were located inside the city limits. · No City services of any type would be provided for the property. · The term of the Agreement shall be limited to ten years, although the Municipal Annexation Act allows up to fifteen years. · in the event the agreement is terminated for cause by the City or is not extended, the Owner agrees to annexation by the City of Corpus Christi. 80 In addition, Mr. & Mrs. Berry have a U.S. Corps of Engineers Permit (#21500) which allows a bulkheading of the property to prevent additional erosion. We have proposed in the Industrial District Agreement to make any breach of that Corps of Engineers permit a breach under the Industrial District Agreement (see attached agreement and maps). corpus Christi' La "" TOURIST INDUSTRIAL DISTRICT AGREEMENT NO. '1 THE STATE OF TEXAS § COUNTY OFNUECES § CITY OF CORPUS CHRISTI § This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called "CITY", and KENNETH L. BERRY AND WIFE, BRENDA L. BERRY, Landowner and Improvements Owner, and hereinafter collectively called "OWNER". WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its environs and which will attract the location of new and expansion of existing industdes therein, and said policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, OWNER is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Chdsti, which land shall upon execution of this agreement by the City be known as "Corpus Christi Tourist Industrial Distdct No. l ," and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which OWNER has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local Government Code, City desires to designate tourist industrial districts under appropriate circumstances; and WHEREAS, OWNER requested City to disannex said land and designate said land as a tourist industrial district and enter into this agreement with OWNER; and WHEREAS, City desires to encourage the updating, expansion and growth of tourist industries and for that purpose desires to enter into this Agreement with OWNER. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and pursuant to the authority granted under Section 42.044, Texas Local Government Code, City and OWNER hereby agree as follows: H:tEG-DIR\VERONICA\DDCURTIS~IYDOCS~2000\IndustDIGBetryls2.wpd 83 (A) In consideration of City agreeing to disannex said land at the request of OWNER and designate said land described in Exhibit "A" as a tourist industrial district, OWNER waives all dghts to refund of taxes and fees which OWNER might otherwise be entitled to receive because of disannexation. (B) City hereby designates said land described in Exhibit "A" and any accretion thereto as a tourist industrial district. City and OWNER covenants and agrees that the use of said land shall be strictly limited to uses: (1) allowable under the City's Zoning Ordinance in an A-2 District or for a bed and breakfast use and (2) primarily intended to serve tourists. OWNER'S compliance with the terms and conditions of that permit from the U.S. Army Corps of Engineers attached as Exhibit "B" shall not be a violation of this Agreement; however, any breach of the terms and conditions of said permit shall be a breach of this Agreement. Further, the existing use of a small portion of said land for a natural gas compressor station by oil and gas operators in Corpus Christi Bay shall not constitute a violation of this Agreement. The City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as a tourist industrial district and shall continue to retain that status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said lanL. shall be immune from annexation. The agreements by OWNER in this Article I and in any other Articles of this Agreement which relate to said land or the use of said land shall be covenants running with said land for so long as this Agreement or any extension thereof remains in force. (C) During the term hereof City shall have no obligation to extend to said land any City services. (D) Further, City and OWNER agree that during the term hereof, City shall not require with respect to said land compliance with its rules or regulations (a) governing zoning and platting of said land or any additions thereto outside the City limits and in an industrial district; provided, however, OWNER further agrees that it will in no way divide said land or additions thereto without complying with State law and City ordinances governing subdivision of land, including the provisions of Article X of this Agreement; (b) prescribing any building, electrical, plumbing or inspection code or codes; or (c) prescribing any rules governing the method of operations of OWNER's business, except as to those regulations relating to the delivery of utility services and waste disposal through City owned facilities. H:M,EG-DIR\VERONICA~DDCURTISMVIYDOCS~2000~InduStDK~BerrylS2.wpd 84 II. The term of this Agreement shall be from the date of passage of the ordinance authorizing this agreement and continuing until December 31, 2010, unless extended for additional period or periods of time upon mutual consent of OWNER and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional pedod or pedods of time on or before January 31 of the year before the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of the annexation shall be no earlier than midnight of December 31 of said final year of the term. As part of the consideration for this agreement, said annexation shall be treated as if OWNER had requested City to annex said land and OWNER hereby waives all of the following: (1) all procedural rights with respect to annexation; (2) all rights to request City services; and (3) all rights to request disannexation. III. (A) Each year during the term hereof, OWNER shall pay to City: (1) An amount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorera taxes based upon the market value of said land which would otherwise be payable to City by OWNER if said land were situated within the city limits of City. (2) An amount in lieu of taxes on improvements, including personal property, located on said land equal to one hundred percent (100%) of the amount of ad valorera taxes which would otherwise be payable to City by · OWNER if said improvements and personal property were situated on land within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) of the Texas Tax Code. (B) On or before March 31 of each year during the term of this Agreement, OWNER shall provide to City's Collection Section a written statement of its opinion of the market value sworn to by OWNER. H:~EG-DIR\VERONICA~)DCURTIS~4YDOCS~2000~IndustDIGBern/Is2.wPd 85 IV OWNER agrees to pay to City on or before January 31 of the year following each year during the term hereof all payments in lieu of taxes provided for hereunder without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in the ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. V In the event OWNER elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude that protest and OWNER shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City. Notwithstanding any protest by OWNER, OWNER agrees to pay to City an initial in lieu of tax payment, on or before the date therefor hereinabove provided, of at least the amount of the payment in lieu of taxes on said land and improvements which would be _ due by OWNER to City hereunder on the basis of renditions filed by OWNER with City' Collection Section for that year or on the basis of the assessment thereof for the last preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter OWNER shall make to City any additional payment due based on said final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of OWNER's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by OWNER, then within thirty (30) days thereafter City shall make to OWNER any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI (A) In the event OWNER fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the OWNER, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City as would be recoverable in a suit to recover H:~EG-DIR\VERONICA~DDCURTISW/IYDOCS~000~IndUStDK~BenylS2.wpd 86 5 delinquent ad valorem taxes. If the City elects to terminate this Agreement, then the City shall have the right to annex said land and said annexation shall be treated as if OWNER had requested City to annex said land and OWNER hereby waives all of the following: (1) all procedural rights with respect to annexation; (2) all rights to request City services; and (3) all rights to request disannexation. (B) City shall be entitled to a tax lien on said land and improvements, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorera taxes. (C) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of said land in violation of this Agreement, OWNER shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enfoming any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If OWNER elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, OWNER shall continue to make the annual payments required by this Agreement. (D) In addition, if OWNER breaches any provision of this agreement, City shall have the right, in its sole and absolute discretion, to obtain an injunction from a court of competent jurisdiction enforcing specific performance of that provision by OWNER. VII OWNER agrees to provide to City at OWNER's expense, a survey plat and field note description of said land. VIII (A) If any attempt to annex any of said land owned by OWNER is made by another municipality, or if the incorporation of any new municipality should be attempted so as to include within its limits said land, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of OWNER, and shall take any other legal action as may be necessary or advisable under the circumstances. The cost of said legal action shall be bome equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. H:M,EG-DIR\VERONICA~DDCURTIS~IYDOCS~2000~Industnk'~Ben-/Is2.wpd 87 (B) In the event City and OWNER are unsuccessful in obtaining a temporan/ injunction enjoining the attempted annexation or incorporation, OWNER shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. Said option shall be exercised within thirty (30) days after the application for the temporan/injunction is denied. in the event OWNER elects to continue the in lieu of taxes payments, the City shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporan/injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: (1) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all those payments and accrued interest thereon shall be refunded to OWNER; or (2) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all those payments and accrued interest thereon shall be retained for use by City. IX This Agreement shall inure to the benefit of and be binding upon City and OWNER, and upon OWNER's successors and assigns, affiliates and subsidiaries, and shall remain in force whether OWNER sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. X Whenever the OWNER properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" , OWNER shall furnish to the City's Collection Section a revised Exhibit "A" , which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred. Thereafter, the buyer shall be responsible for these payments. In the event the OWNER improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" , OWNER shall remain solely responsible for any payments in H:~EG-DIR~VERONICA~DDCURTIS~VlYDOCS~2000~IndustDK\Ben-/IS2,wpd 88 -"-- 7 lieu of taxes applicable to the property, including improvements thereon, as if no plat, subdivision or conveyance had occurred. XI In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional services contracts, the OWNER shall use reasonable efforts to procure same from businesses located within Nueces and San Patricio Counties unless same are not reasonably and competitively available within said area. The OWNER shall make reasonable efforts to determine local availability and competitiveness but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XII In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of said word, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City hereunder. This Agreement may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this 16th day of May, 2000. OWNER KENNETH L. BERRY~ ~_~ /~ BREN6A L. BERRY H:~EG-DIR\VERONICA\DDCURTIS~YDOCS~2000~IndustDK~Berryls2,wpd 89 A'FI'EST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary By: David R. Garcia, City Manager APPROVED AS TO LEGAL FORM May 11, 2000: OWNER ACKNOVVLEDGMENT THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ?~"//~//r~) , 2000, by Kenneth L. Berry and Brenda L. Berry, husband and wife. [Seal] ~ NOTARY PUBLIC CITY OF CORPUS CHRISTI ACKNOVVLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2000, by David R. Garcia, City Manager of the City of Corpus Chdsti, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Pdnted Name: My Commission expires: H:~EG-DIR\VERONICA~DDCURTIS~VIYDOCS~000~IndustDK~BerniIS2,Wpd 90 AN ORDINANCE DISANNEXING FROM THE CITY THE ISLAND (OWNED BY KENNETH L. BERRY AND WIFE, BRENDA L. BERRY ["OWNER"]) LOCATED OFF |NGLESIDE POINT AND COMPRISING A PART OF JOHN G. HATCH SURVEY IN SAN PATRICIO COUNTY AND ADJUSTING THE CITY BOUNDARIES, CONDITIONED UPON FORMATION OF A TOURIST INDUSTRIAL DISTRICT AND INCLUSION OF SAID ISLAND IN SAID DISTRICT AND EXECUTION OF TOURIST INDUSTRIAL DISTRICT AGREEMENT; CREATING A TOURIST INDUSTRIAL DISTRICT COVERING SAID ISLAND; AUTHORIZING THE CITY MANAGER, OR D~SIGNEE, TO EXECUTE A TOURIST INDUSTRIAL DISTRICT AGREEMENT, EFFECTIVE AS OF MAY 16, 2000, WITH "OWNER", PURSUANT TO § 42.044 TEXAS LOCAL GOVERNMENT CODE AND TO FiLE THE AGREEMENT IN THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS; AND PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, a public hearing was held on Tuesday, May 16, 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 person were allowed to appear and be heard; and WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Ch~sti and its citizens. SECTION 1. That the Island, as described in the attached Exhibits "A-l", "A-2" & "B"., owned by Kenneth L. Berry and Wife, Brenda L. Berry ["Owner"],and located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patdcio County is hereby disannexed from the City of Corpus Christi, conditioned upon formation of a tourist industrial district and inclusion of said island in said distdct and execution of tourist industria~ district agreement. SECTION 2. That the boundaries of the City of Corpus Christi, Texas are adjusted to exclude only that property comprising said island as described in said Exhibits "A-1 ", "A- 2" & "B'. SECTION 3. That pursuant to § 42.044 TEXAS LOCAL GOVERNMENT CODE the Corpus Christ Tourist Industrial District No.l covering the area described in said Exhibits "A-I", 'A-2" & "B" is hereby created SECTION 4. That the City Manager, or his designee, is authorized to execute a Tourist I~dustrial District Agreement with KENNETH L. BERRY AND WIFE, BRENDA L. BERRY, as Landowner and Improvements Owner ("OWNER"), pursuant to § 42.044 TEXAS LOCAL GOVERNMENT CODE, restricting the use of the property to purposes related to the tourist industry, with this Tourist Industrial District Agreement to become effective on May 16, 2000, and to file the Agreement in the Official Records of Nueces H :~EG-EilRtVERONICA~DDCU RTIS~/IYDOCS~2000\ORD2000.100~E)DCORD00.126 91 County, Texas. A copy of said agreement is attached as Exhibit "C". SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that 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 unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 6. That upon wdtten request of the Mayor or~ve Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 16th day of May , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L, Neal, Jr., Mayor LEGAL FORM APPROVED May 10 , 2000; JAMES R. BRAY, JR., CITY ATTORNEY Doyle , Senior Assistant City Attorney H:%LEG-DIR\VERONICA\DDCURTIS~v1YDOCS~2000%ORD2000,10O\DDCORD00-126 92 Corpus Chdsti, Texas Day of ,2000 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoda Mark Scott H:~EG-DIR\VERONICA~)DCURTIS~MYDOCS~000\ORD2000,100~:)DCORD00.126 EXHIBIT "A-I" A part of the John G. I-Iamh Survey , 116.607 acres San Patricio Coumy, Texas S N[�I.w Mnr [•NY•`L Mnrr 1 Ir..l. I 'I.•'n COR' .NR7ST1 BAY NUCCES COUNTY •II.R at., Q. RW[OlY[N1LAlI0 i0G L 300 .CO O![KF Mpfpy43 Rr Lrut [[LU uY[ 1' • hI r[fl rOWt=a»Ayyq Ll1 i[aft � Ia'vYr •• [ J A � um aa[ tp CORPUS CHRISTI BAY i6i uwii"'� Ln NUECES COUNTY tom•. tYWrWr Wt 1 wo MIT». • .Ay '• (4 zml w �t uWx � yW w �•I'•" n..» W141w. !11[ • rwIR4 [NN[lu[ W411 i:a[tiiii::niRw iw t+«rr larro 4 w- •., W w•.nr rr. mr. L [n .tuna .IRyRt. M!f/VRs w L.R r. R.pvR L W W M . [«y NI.IO�ntW4tY[a .. �MW rWw a Ia Mr•W LM. o. ouWa. N SURVEY OF A PORTION w rNC JOHN G. PATENT NO. 306 VOC IB•S URVEY L NABSTRACT NO. 373 SAN PATRICIO COUNTY, TEXAS. IRI<r:L'f:4W ��ii RIJ• Il II�:L:i:2'Jft�i:S'i I R: Ai L:L'L'/W" N UZ . ` lilt♦' Y.EIi'tAl Lila ICc•�marltr urs w Lctrt�u't.Lun'ra FXNTRTT A-1 `A:1, - J0116 •nai�� mL~ n0. 41547_/~0 EXHIBIT "A-2" Survey of Existing Shoreline, Ingleside Point "Claimed ,Area" Nuec~s Cdunty, Texas 6 96 wu or�cf xaa.cs. � ttiv. xfLl v T tIM I V �.L.a rCnD i�zsv fpr x�.�!.a G:iL'� 4Rf IV�:A:L�1D 11l'a IIVW lrr� V!:� v IV TO[A'�?Ti \� �1Fv L i w��W CARPUS CHRISTI DAY NUECES CUNTY IM v u Wx t 1 Iwn Mryr+. • \Z W V-n�i•.vwOwn � b... W.n4 4 f fK{IWG pp41K K.a4 iYp LW Wq)r •1 )/�P li: IIMA an[ r . w Hn III CORPU4 CHRISTI BAY NUECES COUNTY 1 Y'wy[ [f![xY4 4M[l4[ I f ` INGEESIDE COVE.I Ifll [IKNG %IpVIM _v+[Y'L'.[_P.C•f//,/. PNIt fr Iw[ low v {D C[Iral o {ul PwTA1CAIIY [ WC& [ L -Y•• n w DDrrr y -.r fr, Illr, eN""w i�x• ••INS v I� //y1�r MIrrPW w x..../r. •\pv MNVI 4\4 ; Vlr.•f�; W IL \W w � `M\Y1 I1M• x.:N W\yy Ip. n • .W\N• \\ SURVEY Or • \a^ {s pve nxi " • p�I A PORTION Of THE I rally ' t Irvv v JOHN G. HATCH SURVEY Ar-' PATENT NO. VOLUME 10, ABSTRACT N6 777 PA SAN PATRILIO COUNTY, TEXAS. AII,H F,XHTRTT A-2 1 IC t:I j. ra�� 7fia I V �.L.a rCnD i�zsv x�.�!.a G:iL'� 4Rf IV�:A:L�1D 11l'a IIVW lrr� V!:� IV TO[A'�?Ti :r 1 11� EXHIBIT "B" Legal D~s¢fiptions of Bounch~ri~s of Individtml Components of "Claimed Area" 7 RLE N0. 4547,. 0 --- HAAS SURVEYING Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 Telephone (512) 776-7007 Cellular (512) 960-7870 January 28, 1997 97-106 FIELDNOTE DESCRIPTION of a portion of the John G. Hatch Survey, Patent No. 506, Volume 10, Abstract No. 373, San Patricio County, Texas, known as Ingleside Point; BEGINNING at a 5/8 inch iron md set at the intersection of the existing shoreline at the westerly end of this tract with the original northerly shoreline depicted by map recorded in Volume 5, Page 36, Map Records of said County, (X = 2,405,723.42: Y = 790,594.09); THENCE, along said original shoreline, SOUTH 85 degrees-16 minutes EAST, 294.41 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, SOUTH 88 degrees~16 minutes EAST, 509.50 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 84 degrees-29 seconds EAST, 502.31 feet; THENCE, along said original shoreline, SOUTH 66 degrees-23 minutes EAST, 469.00 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, SOUTH 59 degrees-31 minutes EAST, at 312.00 feet pass a 518 inch iron md set on the top of a man-made levee, in all 589.69 feet; THENCE, along said odginal shoreline, SOUTH 69 degrees-42 minutes EAST, THENCE, along said original shoreline, SOUTH 79 degrees-06 minutes EAST, 433.19 feet; lC~(RTI~IT B 1 OF 19 ~LEN0. 454T50 THENCE, along said original shoreline, SOUTH 86 degrees-16 minutes EAST, at 772.00 feet pass a 5/8 inch iron md set on the top of a man-made levee, in all 1035.20 feet to a 5/8 inch iron rod set on the existing shoreline near the northwesterly comer of that 48.33 acre tract described in Deed recorded in Volume 177, Page 307, Deed Records of said County; THENCE, along said existing shoreline, SOUTH 31 degrees-40 minutes-08 seconds EAST, 122.65 feet; THENCE, along said existing shoreline, SOUTH 41 degrees-20 minutes-04 seconds EAST, 361.14 feet to the westerly boundary of said 48.33 acre tract; THENCE, along said westerly boundary, SOUTH 23 degrees-43 minutes-54 seconds EAST, 1170.55 feet to the existing shoreline; THENCE, along said existing shoreline, SOUTH 29 degrees-12 minutes-11 seconds WEST, 286.30 feet; THENCE, along said existing shoreline, SOUTH 40 degrees-19 minutes-25 seconds WEST, 170.80 feet; THENCE, along said existing shoreline, SOUTH 54 degrees-30 minutes-04 seconds WEST, 145.64 feet; THENCE, along said existing shoreline, SOUTH 67 degrees-45 minutes-17 seconds WEST, 33.32 feet to the odginal southerly shoreline; THENCE, along said odginal shoreline, NORTH 61 degrees-28 minutes WEST, at 360.80 feet pass a 5/8 inch iron rod set for line, at 870.44 feet pass a 5/8 inch iron rod set for line, in all 1100.44 bet to a 5/8 inch iron rod set; THENCE, along said odginal shoreline, NORTH 62 degrees-55 minutes WEST, 1615.50 feet to a 5/8 inch iron rod set; THENCE, along said odginal shoreline, NORTH 60 degrees-13 minutes WEST, 284.61 feet; THENCE, along said odginal shoreline, NORTH 60 degrees-50 minutes WEST, 401.81 feet; THENCE, along said odginal shoreline, NORTH 65 degrees-54 minutes WEST, at 136.69 feet pass a 518 inch iron rod set on top of a man-made levee, in all 334.69 feet to a 518 inch iron rod set; ~F19 THENCE, along said original shoreline, NORTH 59 degrees-57 minutes WEST, 473.31 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 58 degrees-01 minutes WEST, 314.25 feet to the existing shoreline; THENCE, along said existing shoreline, NORTH 21 degrees-05 minutes-55 seconds WEST 64.33 feet; THENCE, along said existing shoreline, NORTH 33 degrees-36 minutes-59 seconds WEST 189.47 feet; THENCE, along said existing shoreline, NORTH 40 degrees-37 minutes-03 seconds WEST 162.95 feet; THENCE along said existing shoreline, NORTH 40 degrees-10 minutes-43 seconds WEST 173.09 feet; THENCE along said existing shoreline, NORTH 85 degrees-34 minutes-05 seconds WEST 63.58 feet; THENCE, along said existing shoreline, NORTH 47 degrees-08 minutes-25 seconds WEST 131.21 feet to the POINT OF BEGINNING. CONTAINING 116.607 acres, more or less. NOTE: See attached Survey Drawing and Surveyors Report. This description is part of a survey drawing and surveyors report of the same date and IS NOT complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. CAUTION: PORTIONS OF THIS PROPERTY HAVE BEEN FILLED WITH DREDGE DISPOSAL SOME AREAS, ESPECIALLY NEAR THE WESTERLY PORTION OF THE LEVEED AREA ARE DANGEROUS AND A i i ,-MPTING TO WALK THERE COULD BE FATAL CONSULT AN EXPERIENCED DREDGING CONTRACTOR BEFORE WALKING INSIDE THE LEVEED PORTION OF THIS PROPERTY. Michael Haas, L.S.LS./R.P.LS. HAAS SURVEYING No. 4547 0 Michael Haas, RPLS, LSLS Route 1, Box 876 ' 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Telephone (512) 776-7007 Cellular (512) 960-7870 Job No. 97-106 TRACT A FIELDNOTE DESCRIPTON of a portion of the John G. Hatch Survey, Abstract No. 373, San Patricio County, Texas (now submerged) known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records of said County; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline at the westerly end of said Ingleside Point with the original shoreline depicted by said recorded map (X=2,405,723.42: Y--790,594.09); THENCE, along said existing shoreline the following: SOUTH 47 degrees-08 minutes-25 seconds EAST, 131.21 feet, SOUTH 85 degrees-34 minutes-05 seconds EAST, 63.58 feet, SOUTH 40 degrees-10 minutes-43 seconds EAST, 173.09 feet, SOUTH 40 degrees-37 minutes-03 seconds EAST, 162.95 feet, SOUTH 33 degrees-36 minutes-59 seconds EAST, 189.47 feet and SOUTH 21 degrees-05 minutes-55 seconds EAST, 64.33 feet to the original shoreline, also being the shoreline described by Patent from the State of Texas to Nueces County Navigation District No. 1 (now the Port of Corpus Chrlsti Authority) recorded in Volume 455, Page 586, Deed Records, Nueces Gounty; EXHmlT B 4 OF 19 No. z154"750 THENCE. along said original shoreline and patent line, NORTH 58 degrees-01 minutes WEST, 568.36 feet and NORTH 48 degrees-23 minutes WEST, 439.69 feet to the most westerly comer; THENCE, along said common line, SOUTH 85 degrees-16 minutes EAST, 306.70 feet to the POINT OF BEGINNING. CONTAINING 2.956 acres, more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and beadngs are based on the Texas State Plane Coordinate System, South Zone. M~s, L.S.LS./R.P.LS. ~i~tl:IIBIT B 5OF 19 HAAS SURVEYING RLENO. 454750 Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 Telephone (512) 776-7007 Cellular (512) 960-7870 TRACT B FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation Disctrict No. 1 (now the Port Authority of Corpus Chdsti) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patdcio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patdcio County; BEGINNING at a 5/8 inch iron md set at the intersection of the existing shoreline at the westedy end of said Ingleside Point with the odginal shoreline depicted by said recorded map (X=2,405,723.42: Y=790,594.09); THENCE, along said existing shoreline the following; NORTH 23 degrees-11 minutes-39 seconds WEST 215.61 feet; NORTH 3 degrees-09 minutes-02 seconds WEST 136.73 feet; NORTH 16 degrees-06 minutes-06 seconds EAST 87.61 feet; NORTH 45 degrees-35 minutes-26 seconds EAST 81.10 feet; NORTH 66 degrees-32 minutes-13 seconds EAST 80.19 feet; NORTH 50 degrees-36 minutes-59 seconds EAST 107.17 feet; NORTH 59 degrees-52 minutes-29 seconds EAST 153.50 feet; SOUTH 88 degrees-26 minutes-34 seconds EAST 80.19 feet; I~fl{IBIT B 60F 19' RLE IVO. SOUTH 04 degrees-37 minutes-04 seconds WEST 27.91 feet; NORTH 71 degrees-53 minutes-23 seconds WEST 49.12 feet; SOUTH 69 degrees-10 minutes-25 seconds WEST 94.07 feet; SOUTH 21 degrees~54 minutes-39 seconds WEST 82.23 feet; SOUTH 54 degrees-45 minutes-29 seconds WEST 58.30 feet; SOUTH 45 degrees-29 minutes-34 seconds EAST 62.48 feet; SOUTH 79 degrees--49 minutes-45 seconds EAST 106.83 feet; SOUTH 64 degrees-32 minutes-00 seconds EAST 120.93 feet; SOUTH 36 degrees-10 minutes-42 seconds EAST 77.93 feet; SOUTH 81 degrees-33 minutes-58 seconds WEST 56.48 feet; NORTH 60 degrees-59 minutes-42 seconds WEST 77.59 feet; NORTH 45 degrees-49 minutes-24 seconds WEST 59.00 feet; NORTH 84 degrees-40 minutes-22 seconds WEST 73.38 feet; SOUTH 56 degrees-57 minutes-52 seconds WEST 64.72 feet; SOUTH 36 degrees-50 minutes-16 seconds EAST 62.24 feet; SOUTH 69 degrees-07 minutes-06 seconds EAST 67.06 feet; NORTH 34 degrees-57 minutes-28 seconds EAST 27.44 feet; SOUTH 59 degrees-53 minutes-26 seconds EAST 118,25 feet; SOUTH 48 degrees-51 minutes-50 seconds EAST 195,96 feet; SOUTH 54 degrees-08 minutes-3g seconds EAST 217.62 feet; and SOUTH 73 degrees-14 minutes-17 seconds EAST 109.90 feet odginal shoreline and patent line; L54750 to the EXI~IT B 7 OF 19 No. 454750 THENCE, along said common line, NORTH 88 degrees-16 minutes WEST, 509.50 feet and NORTH 85 degrees-16 minutes WEST, 294.41 feet to the POINT OF BEGINNING. CONTAINING: 5.839 acres more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. M'chael Haas',~.S'.LS./R.P,LS. 8~[I~IBITB OF 19 HAAS S U RVEY! N G 4t547: o Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 Telephone (512) 776-7007 Cellular (512) 960-7870 TRACT D FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation District No. 1 (now the Port Authority of Corpus Christi) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patrlcio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patricio County; BEGINNING at the intersection of a northerly bondan/of said Hatch Survey with the existing shoreline (X=2,407,223.69: Y=790,516.27) THENCE, along said existing shoreline the following: NORTH 28 degrees-29 minutes-48 seconds EAST 98.91 feet, NORTH 79 degrees-32 minutes-17 seconds EAST 940.78 feet, SOUTH 86 degrees-41 minutes-10 seconds EAST 146.99 feet NORTH 82 degrees-13 minutes-51 seconds EAST 121.21 feet SOUTH 73 degrees-40 minutes-45 seconds EAST 261.65 feet SOUTH 65 degrees-41 minutes-33 seconds EAST 415.13 feet, SOUTH 58 degrees-57 minutes-52 seconds EAST 102.40 feet SOUTH 41 degrees-47 minutes-20 seconds EAST 316.89 feet SOUTH 54 degrees-34 minutes-14 seconds EAST 391.16 feet 9 OF 19 and SOUTH 31 degrees-40 minutes-00 seconds EAST 246.21 feet to the original shoreline and patent line; THENCE, along said common line NORTH 86 degrees-16 minutes WEST 1,035.20 feet, NORTH 79 degrees-06 minutes WEST 433.19 feet, NORTH 69 degrees-42 minutes WEST 444.44 feet, NORTH 59 degrees-31 minutes WEST 589.69 feet and NORTH 66 degrees-23 minutes WEST 253.32 feet to the POINT OF BEGINNING. CONTAINING 31.701 acres more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. Michael Haas, LS.LSJR.P.LS. E~ql'R~T B HAAS SURVEYING 454750 Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 Telephone (512) 7764007 Cellular (512) 960-7870 February 4, 1997 Job No. 97-106 TRACT E FIELDNOTE DESCRIPTION of a portion (now submerged) of the John G. Hatch Survey, Abstract No. 373, San Patdcio County, Texas, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline with the original shoreline as shown on said Map (X=2,409,839.18 Y=789,812.12); THENCE, along said odginal shoreline SOUTH 86 degrees-16 minutes EAST, 148.33 feet to the northwesterly comer Of a 48.33 acre easement described as "First Tract" in that deed recorded in Volume 177, Page 307, Deed Records; THENCE, along the westerly boundary of said easement, SOUTH 23 degrees-43 minutes-54 seconds EAST, 397.33 feet to the existing shoreline; THENCE , along said existing shoreline, NORTH 41 degrees-20 minutes-04 seconds WEST 361.14 feet and NORTH 31 degrees-40 minutes 08 seconds WEST, 122.65 feet to the POINT OF BEGINNING. CONTAINING 0.690 acres more or less. NOTE: This descripton is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. Michael Haas, L.S.LSJR. P.LS. ~o9 EXHIBIT B 11 (~F 10 HAAS SURVEYING R No. 454750 Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 Telephone (512) 776-7007 Cellular (512) 960-7870 TRACT F FIELDNOTE DESCRIPTION of a portion of the John G, Hatch Survey, Abstract No. 373, San Patdcio County, Texas, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, situated within that 48,33 acre easement described as "First Tract" in that deed recorded in Volume 177, Page 307, Deed Records; BEGINNING at the northerly intersection of the westedy boundary of said easement with the existing shoreline (X=2,410,142.09: Y=789,436.59); THENCE. along said existing shoreline SOUTH 41 degrees-20 minutes-04 "' seconds EAST, 503.53 feet, SOUTH 25 degrees-10 minutes-48 seconds EAST, 570.26 feet, SOUTH 46 degrees-48 minutes-21 seconds WEST, 67.83 feet, SOUTH 21 degrees-21 minutes-35 seconds WEST, 118.88 feet, and souTH 29 degrees-12 minutes-10 seconds WEST, 23.24 feet to the westerly boundary of said easement; THENCE, along said weste~y boundan/, NORTH 23 degrees-43 minutes-54 seconds WEST~ 1,170.55 feet to the POINT OF BEGINNING. CONTAINING 3.116 acres, more or less. ~rnlT B NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, '1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. Michael Haas, L.S.L. SJR. P.L.S. HAAS SURVEYING 454750 Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 Telephone (512) 776-7007 Cellular (512) 960-7870 TRACT G FIELDNOTE DESCRIPTION of a portion of the John G. Hatch Survey, Abstract No. 373, San Patricio County, Texas. (now submerged) known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records; BEGINNING at the intersection of the original southerly shoreline shown on said map with he westerly boundary of that 48.33 acre easement described as "First Tract" in that deed recorded in Volume 177, Page 307, Deed Records, also being on the odginal patent line to the NUeces County Navigation Distdct No. I A (now the Port of Corpus Chdsti Authority) (X=2,410,929.35: Y= 787,576.82); THENCE, along said original shoreline and patent line NORTH 65 degrees-39 minutes WEST, 206.59 feet, NORTH 67 degrees-38 minutes WEST, 500.00 feet, and NORTH 61 degrees-28 minutes WEST 74.20 feet to the existing shoreline; THENCE, along said existing shoreline NORTH 67 degrees-45 minutes-17 seconds EAST, 33.32 feet, NORTH 54 degrees-30 minutes-04 seconds EAST, 145.64 feet, NORTH 40 degrees-19 minutes-25 seconds EAST, 170.80 feet, and NORTH 29 degrees-12 minutes-11 seconds WEST. 286.30 feet to the westerly boundan/of said easement; THENCE, along said westerly boundan/, :SOUTH 23 degrees-43 rninutes-54 seconds EAST, 849.24 feet to the POINT OF BEGINNING. " CONTAINING 4.871 acres, more or less. RLE N0. 454750 NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. 15 OF 19 RLE NO. 454'750 HAAS SURVEYING Michael Haas, RPLS, LSLS Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 Telephone (512) 776-7007 Cellular (512) 960-7870 TRACT H FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation District No. I (now the Port Authority of Corpus Chdsti) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patdcio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patdcio County; BEGINNING at the intersection of the southerly original shoreline depicted by said recorded map with the existing shoreline (X=2,406,228.79: Y=790,026.19); THENCE, along said original shoreline and the shoreline described by Patent from the State of Texas to Nueces County Navigation District No. 1 (now the Port of Corpus Chdsti Authority) recorded in Volume 455, Page 586, Deed Records, Nueces County, SOUTH 58 degrees-01 minutes EAST 314.25 feet SOUTH 59 degrees-57 minutes EAST 473.31 feet, SOUTH 65 degrees-54 minutes EAST 334.69 feet SOUTH 60 degrees-50 minutes EAST 401.81 feet, SOUTH 60 degrees-13 minutes EAST 284.61 feet, SOUTH 62 derees-55 minutes EAST 1,615.50 feet and SOUTH 61 degrees-28 minutes-00 seconds EAST 1,100.44 feet to the existing shoreline, EqT'C~mff B 16 OF 19 - RLE NO. 454750 THENCE, along said existing shoreline SOUTH 67 degrees-45 minutes-17 seconds WEST, 290.23 feet, SOUTH 76 degrees-11 minutes-32 seconds WEST. 309.28 feet, SOUTH 89 degrees-56 minutes-51 seconds WEST 259.86 feet, NORTH 86 degrees-56 minutes-38 seconds WEST 231.26 feet, NORTH 81 degrees-35 minutes-19 seconds WEST 261.78 feet, NORTH 74 degees-16 minutes-17 seconds WEST. 388.37 feet, NORTH 45 degrees-06 minutes-29 seconds WEST 54.03 feet, NORTH 67 degrees-22 minutes-17 seconds WEST 207.38 feet, NORTH 64 degrees-58 minutes-33 seconds WEST 185.96 feet, NORTH 72 degrees-41 minutes-53 seconds WEST 164.00 feet, NORTH 64 degrees-14 minutes-33 seconds WEST 211.83 feet, NORTH 52 degrees-22 minutes-36 seconds WEST 230.24 feet, NORTH 45 degrees-02 minutes-41 seconds WEST 367.67 feet, NORTH 47 degrees-29 minutes-53 seconds WEST 306.34 feet, NORTH 33 degrees-52 minutes-34 seconds WEST 186.17 feet, NORTH 44 degrees-30 minutes-36 seconds WEST 466.89 feet, NORTH 29 degrees-45 minutes-56 seconds WEST, 84.15 feet, NORTH 22 degrees-48 minutes-02 seconds WEST, 95.82 feet, NORTH 35 NORTH 35 NORTH 35 NORTH 30 degrees-35 minutes-37 seconds WEST, 172.42 feet, degrees-30 minutes-01 seconds WEST, 127.11 feet, degrees-15 minutes-14 seconds WEST, 137.62 feet, degrees-41 minutes-47 seconds WEST, 173.88 feet, 17 OF 19 454750 and NORTH 21 degrees-05 minutes-55 seconds WEST, 72.15 feet to the POINT OF BEGINNING. CONTAINING: 60.013 acres more or less. NOTE:This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and beadngs are based on the Texas State Plane Coordinate System, South Zone. Michael Haas, L.S.L.S.IR.P.L,S. 18 OF City Council Agenda Memorandum Date: May 12, 2000 AGENDA ITEM: AMENDING ORDINANCE NO. 023702 WHICH ADOPTED THE FY 99-00 BUDGET, BY INCREASING APPROPRIATIONS IN CERTAIN FUNDS, ADJUSTING THE AMOUNTS OF CERTAIN INTERFUND TRANSFERS, AND INCREASING REVENUE ESTIMATES; AND DECLARING AN EMERGENCY. ISSUE: Current fiscal year revenue shortfall, greater than projected budgeted expenditures, and a lower than projected beginning fund balance will require the implementation of various revenue and expenditure actions. RECOMMENDATION: Approval of Ordinance as submitted and approval of revenue and expenditure actions as recommended by City Manager K. Noe Attachment: Additional Background Information 117 Agenda Memorandum Additional Background Information BACKGROUND: The analysis and projections of current fiscal year revenues and expenditures have been completed. The results of the analysis show that General Fund revenues will be $ 761,053 less than budgeted. The analysis also shows General Fund expenditures will be greater than the projected budget by $ 1,197, 175. These two factors taken together with a smaller than projected beginning balance, place the General Fund in a criticel position which requires additional immediate action. Based on preliminary data available dudng the January 25, 2000 General Fund Budget Update and Forecast, I informed you of the development of an Intedm Strategic Budget Reduction Plan; this plan was implemented effective February 1, 2000. The plan has had a positive budget impact, and has maintained deparlrnental expenditures at or below budgeted levels. A significant amount of unbudgeted, retirement drag-up costs have offset the majority of the budget gains. Below is a summary of the current year drag-up costs: Firefighters: $ 2,208,949 Police: $ 546,818 Civilian: $ 321,400 Total $ 3,077,167 AJthough we have experienced some revenue gains, including a significant gain of $1,055,625 in the Administrative Cost Recovery Fees, large losses in five major revenues have impacted our revenue position. The major revenue shortfalls are as follows: Ad Valorem Taxes: Sales Tax: Electrical Franchise: Landfill Disposal: Municipal Court Fines: ($ 360,212) ($ 292,270) ($ 395,241 ) ($ 353,830) ($ 629,373) Total ($ 2,030,926) To improve the General Fund financial position for the current fiscal year, we have implemented a three-point strategy: 1. The selective hiring ~'eeze was revised to an absolute freeze on all positions; The budget staff will work to identify mid-year reductions or budgetary changes that can be implemented. These may include reduction or deferral of budgeted expenses as well as special budget amendments which might be considered to provide added resources to build the General Fund balance; Once item two has been completed, the highest pdorify is to review the proposed budget reductions that have been submitted by departments. The intent of such a review would be to identify those that might be implemented during the current year to achieve savings in FY 00. Based on the initial results of items two and three of the three-point strategy, staff recommends several revenue and expenditure actions. 118 Recommended Revenue & Expenditure Actions Revenues Implementation Of a revised Street Recovery Fee - Assessed to Utilities Increase Fire Hydrant Maintenance Rate Total Revenue Impact Amount $ 667,400 $ 53,430 $ 720,830 3 4 5 Expenditures General Fund Contribution for Economic Development should be shared equally with the Utilities Utilize existing funds available within the Self Insurance Fund for repayment of loan obligations, and reduce budgeted General Fund transfers Eliminate the summer Middle School recreational program. During the previous summer, this program served 267 youths. At this time, there are other existing recreational and program alternatives within the community. Total Expenditure Impact Total Fund Balance Impact ($ 281,250) ( $ 475,330) ($ 27,856) ($ 784,436) $1,505,266 In addition to the recommended revenue and expenditure actions, several cost reduction opportunities have been identified which will realize savings of $ 203,426 in the current fiscal year. The proposed ordinance includes the net impact of the recommended revenue and expenditure actions, as well as the net impact of the Administrative Cost Recovery fees in the final Full Cost Recovery Plan prepared by KPMG, Below is a summary of the adjustments for the final Full Cost Plan: Amount In Adopted Budget Final Amount In Full Adjustment Cost Plan Visitors Facility Fund 365,646 348,892 (16,754) Gas Fund 760,701 992,734 232,033 Wastewater Fund 768,208 1,016,856 248,648 Water Fund 1,305,758 1,906,631 600,873 Airport Fund 204, 193 204,686 493 Ambulance Fund 303,486 280,679 (22,807) Golf Centers Fund 76,972 91,363 14,391 Marina Fund 52, 121 50,869 (1,252) 3,837,085 4,892,710 1,055,625 119 Based on the dollar amounts, the proposed ordinance includes only the adjustments necessary for the Water, Wastewater, and Gas Funds. The additional proposed appropriation increases within the Utilit,/ Funds reflect the amounts for the revised Street Recovery Fee. The proposed appropriation increase in the General Fund is the net result of various departmental budget reductions, the impact of the retirement drag-up costs, and the recommended expenditure actions. 120 ORDINANCE AMENDING ORDINANCE NO. 023702, WHICH ADOPTED TIlE FY 99-00 BUDGET, BY INCREASING APPROPRIATIONS IN CERTAIN FUNDS, ADJUSTING TIlE AMOUNTS OF CERTAIN INTERFUND TRANSFERS, AND INCREASING REVENUE ESTIMATES; AND DECLARING AN EMERGENCY. WI-IEREAS, the current fiscal year revenue shortfall, greater than projected budgeted expenses, and a lower than projected beginning ftmd balance will require implementation of various revenue and expenditure actions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,161,693 is appropriated from unreserved fund balances as follows: No. 1020 General Fund $412,739 and Combined Utility System Fund $1,748,954. SECTION 2. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by adjusting the amounts of certain interfund wansfers according to the tables in Exhibit A of this ordinance, which is incorporated by reference and made part of this ordinance. SECTION 3. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by increasing the revenue estimates in the No. 1020 General Fund as shown in the table in Exhibit B of this ordinance, which is incorporated by reference and made part of this ordinance. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measttre this the __ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ,2000; JAMES R. BRAY, JR., CITY ATTORNEY 121 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Winter Maintenatr_~ & Landscaping, Inc, Corpus Christi, Texas for improved right-of-way mowing in accordance with Bid Invitation No. BI-0087-00, based on low bid and only bid, for an estimated annual expenditure of $154,845. The t~tai of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the appr~'a2 of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 99-00 and requested for FY 00-01. BACKGROUND: Purpose; The Storm Water Deparaaent is msponsibie for mowing and rnaintalnl-E over 2500 acres of drainage ROW, which includes approximately 100 miles of major drainage ditch slopes and approximately 800 miles of minor roadside ditch banks. In addition to maiwainln~o drainage ROW, the Storm Water Department is responsible for mowing approximately 34 acres along improved TXDOT ROW in accordance with the 1983 Mtmicipal Maintenance Agreement between the City and Texas Department of Transportation (TXDOT). ROW maintenance is the responsibility of the ndjac. ent property owner, except where special contracts note otherwise. However, not all property owre~ accept this responsibility. Over time, the City has assumed additional respons~ilities for mowing of various areas along improved ROW. Maintenance of these highly visible areas, along with increased public den~-a for an aesthetically pleasing and clean connnm~, have resulted in priorities which have led over time to the diversion of a significant portion of work effort away from oily park and recreational facilities. Unlike the 'fine-cut' mowing done by Park and Recreation's crews, the Storm Water Department' s mowing is 'rough cut' with a limited amount of trim work. The Storm Water Depaaaent ~,'urrently does not have the proper equipment or manpower ~ to adequately perform this new responsib'fiity. In lieu of purchasing additional equipment and adding manpower to the stall; arid as part of the confinuin~ effort to re-engineer, staff has developed specifications and received bids to contract out the wnlntenance of improved ROW areas. The proposed mowing contnct is for approximately 83 total acres of impwved ROW, located throughout the City. For bidding purposes, the area was divided into six groups. The contract requires groups one through five ~o be mowed 21 times during the year, once every 15 days (2 weeks) daring seven peak season months (March - September) and once every 21 days {3 weeks) during the remaining months of October through February. The sixth Group- Ocean Drive, from Craig to Alameda, requires 52 cycles of mowing or approximately mowing once every week. The conlntct specifications include mowing, trk, uning, edging, litter pick-up, clearing of sidewalks and, for the first time, a new service ofherbicide application to curb and gutter expansion joints and along street asphalt and gutter seams which parallel the ROW areas being mowed. 123 Previous Contract: The City has not placed this service under annual contract before. The Park & Recreation Departmere has historically maintained the areas with in-house crews and equipment and/or have contracted out selected areas on an as needed basis. Bid Invitations Issued: Thirty Bids Received: Two Award Basis: Low Bid, Groups 4 and 5 Only bid, Groups 1-3, 6 Prior to bid closing, thirteen of the thirty prospective bidders were contacted and asked whether they would be submitting a bid. With the exception of the two participating bidden, responses received varied firore no longer in the landscaping business to curreatly overwhelmed with work. The remaining businesses could not be reached or did not return the call. Winter Mainteaanee & Landscaping, Inc. will dedicate five, three man crews to this contract. They have the manpower and equipragnt readily ava~nble to commence servicing this contract. They currently have a contract with the City for mowing water production facilities located throughout the City and also have landscaping contracts with various apartment complexes. Storm Water 5300004010-32010 (*) $28,580 C~) Director, Materials Management Estimated expenditure for the remaining of FY99-2000. Four Cycles for groups 1-5, eight cycles for group 6. Excess monies budgeted for professional services contracts are avaihble to fund this year's e~penditun. Funding for FY 00-01 pending City Council approval of depad,,,ental recorauiended budget. 124 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION B1~087-00 IMPROVED ROW STRIP MOWING ITEM DESCRIFHON 1.0 Group 1 -sixtee~slrips, 4.621 acres 2.0 Gro~p2-~tkenstrips, 10.747ae~s 3.0 Group 3 - eighteen slfips, 18.04 acres 4.0 Group4-s~stfips, 9.385 acres 5.0 Group 5, TXDOT Strips - twenty strips, 33.86 acres 6.0 Group 6 - Ocean drive raextiara, Craig St toAlameda, 6acres Wimer';Maintma/~& UNIT QTY UNIT PRICE EXT PRICE 21 Cycles $375 $7,875 21 Cycles 870 18,270 21 Cycles 1.435 30,135 21 Cycles 755 15,855 21 Cycles 2,750 57,750 Jack & Jill Trades Corpus Christi, Tx UNIT EXT PRICE PRICE $2,595 $54,495 N/B 52 Cycles 480 24,960 1,295 67,340 $1~4,84~ 125