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CITY
COUNCIL
AGENDA
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Corpus
Chnsti
May 30, 2000
12:00 noon - Joint Meeting of the City Council and Crime Control and Prevention District Board to
discuss the Year 3 (FYOO-Of) Crime Control and Prevention District Budget and status of projects.
'Basement Training Room)
1:45 p.m.
Proclamation declaring May 30, 2000 as "Drive Friendly/Speed Kills Day"
Proclamation declaring June 3 - 10, 2000 as "National Homeowners Week"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 30, 2000
2:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council after the Presentations section. P/ease speak
into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
~i ud. Desea dirfgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that approprfate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Charles Richardson, Calvary First Baptist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Dr. Arnold Gonzales
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
3etty Jean Longoria
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Agenda
Regular Council Meeting
'/lay 30, 2000
Page 2
MINUTES:
Approval of Bond Program Public Hearing of May 22, 2000 and
Regular Meeting of May 23, 2000. (Attachment # 1)
BOARDS & COMMITTEE APPOINTMENTS: (NONE)
PRESENTATIONS: (NONE)
PUBLIC COMMENT FROM THE AUDIENCE ON MAI I ERS 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-espafiol en la reunion de la junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING.
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. If deemed appropriate, the City Council
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.
CITY COUNCIL
PRIORITY ISSUES
(Ref~r to legend at the end of the
agenda summary)
Agenda
,,,Regular Council Meeting
4ay 30,2000
Page 3
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separately unless requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requiring separate
discussion have been acted upon. The remaining items will be adopted by one
vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
Motion approving the purchase of Graphical User Interface (GUI) from
Tiburon, Inc. software for public safety dispatching stations in the
amount of $46,153. The award is based on sole source and will be
used by the Police Department. Funds are provided through the Law
Enforcement Trust Fund. (Attachment # 2)
Motion authorizing the City Manager or his designee to execute a
construction contract with A-Plus Paving and Construction, Inc. for a
total fee not to exceed $74,000 for Minor Storm Drainage
Improvements at the following three locations: (Attachment # 3)
1)
2)
3)
Philip Drive at Queen Drive (north end)
Philip Drive at Queen Drive (south end)
Yorktown Boulevard at Rodd Field Road Intersection
Motion authorizing the City Manager or his designee to execute a
construction contract in the amount of $46,452.50 with EPSCO
International for construction of the Oso Water Treatment Plant West
Walkway Grating and Structural Support Replacement project.
(Attachment # 4)
Motion authorizing the City Manager or his designee to execute an
agreement with the General Land Office of the State of Texas,
granting an easement for use in roadway/bridge and utility
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
..... Regular Council Meeting
May 30, 2000
Page 4
7.a.
construction (Spur 3, Phase 2 Ennis Joslin from Ocean Drive to South
Padre Island Drive, SPID), over the Oso Bay, State Tract C for
consideration of $26,930. (Attachment # 5)
Motion authorizing payment of the Special Commissioners'
condemnation award of $120,000 for the acquisition of Parcel No. 27
located on Ennis Joslin Road between Del Oso and Nile Drive in
connection with the Spur 3, Phase 2 Improvements project.
(Attachment # 6)
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $55,038 from the State of Texas, Criminal Justice
Division for funding available under the Violence Against Women Act
(VAWA) Fund and to execute all related documents. (Attachment
# 7)
Ordinance appropriating $55,038 from the State of Texas, Office of
the Governor, Crimin_al Justice Division in the No. 1050 Federal/State
Grants Fund for funding available under the Violence Against Women
Act (VAWA) Fund; transferring $5,925 from the No. 6010 Law
Enforcement Trust Fund and appropriating it in the No. 1050
Federal/State Grants Fund as grant matching funds. (Attachment
# 7)
Resolution of the City Council of the City of Corpus Christi supporting
and endorsing Holly Park Apartments in its application for Year 2000
Low Income Housing Tax Credits through the Texas Department of
Housing and Community Affairs. (Attachment # 8)
Ordinance abandoning and vacating all the easement rights granted
originally to Houston Natural Gas Corporation and assigned to the
City of Corpus Christi, as successor in interest thereto, to a 246,044-
square foot portion of a blanket easement within Lot 1, Oso Farm
Tracts; recorded in Volume A, Page 49 of the Map Records of Nueces
County, Texas; subject to compliance with the specified conditions
and the owner, SVD Realty, L.P., replatting the property within 180
days at its expense. (Attachment # 9)
Ordinance abandoning and vacating a 3,408-square foot portion of a
1 O-foot wide utility easement out of Lot 6, Block 10, Schanen Estates
Subdivision; and requiring PAW Properties, LTD, owner of said
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
_,.Regular Council Meeting
4ay 30, 2000
Page 5
11.
property to comply with the specified conditions and replat the
property within 180 days at owner's expense. (Attachment # 10)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a twenty year lease agreement with the Veterans
Band of Corpus Christi, Texas for the Buddy Lawrence House located
at Heritage Park (Lots 4, 5 and 6, Block 60, Beach Portion of the City
of Corpus Christi, Texas) to be used for operations of the Veterans
Band of Corpus Chdsti, Texas in consideration of one hundred and
fifty ($150) monthly and interior maintenance of the facility.
(Attachment # 11)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0200-03, Anna K. Moore: A change of zoning from an "A-l"
Apartment House District to an "AB" Professional Office District on
Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located
on the southwest corner of Ayers Street and Ocean Drive.
(Attachment # 12)
Planning Commission's Recommendation: Denial ofthe "AB" District,
and in lieu thereof, approval of a Special Permit for medical and
professional offices subject to a site plan and five (5)conditions.
PIanninc~ Staffs Recommendation: Denial of the "AB" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Anna K. Moore
by changing the zoning map in reference to Lot 7 and portions of Lots
8 and 9, Block 4, Bayfront Terrace from "A-l" Apartment House
District to "A-l" Apartment House District with a Special Permit for
medical and professional offices, subject to a site plan and five (5)
conditions on said property; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
Case No. 0400-03, William R. Janelie: A change of zoning from an
"R-1B" One-family Dwelling District to a "B-4" General Business
District on W~ndsor Park Unit 4, Block 23, Lot 9, located on the
southwest corner of Burney and Lansdown Drives. (Attachment # 13)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
._,Regular Council Meeting
May 30, 2000
Page 6
J4.
Planninq Commission's and Staffs Recommendation: Denial of the
"B-4" District, and in lieu thereof, approval of an "AB" Professional
Office District with a "SP" Special Permit for a dental lab subject to
three (3) conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by William R.
Janelie, by changing the zoning map in reference to Lot 9, Block 23,
Windsor Park Unit 4, from "R-1 B" One-family Dwelling Distdct to "AB"
Professional Office District with a Special Permit for a dental
laboratory subject to three (3) conditions; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
Case No. 0400-01, Marshall ComPany: A change of zoning from an
"F-R" Farm-Rural Distdct and "R-1 B" One-family Dwelling District to
an "1-2" Light Industrial Distdct 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 corner of Interstate Highway 37
and Rehfeld Road. (Tabled 6/16/00 and applicant is requesting
withdrawal) (Attachment # 14)
Planning 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-1" 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 changing "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
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
,~,RegularCouncil Me~ing
May 30,2000
Page 7
storage subject to a site plan and six (6) conditions; amending the
comprehensive plan to account for any deviations from the existing
comprehensive plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
15.
Resolution authorizing the City Manager or his designee to execute
an Interlocal Agreement with Nueces County to implement a
consolidated emergency dispatch center. (Attachment # 15)
16.a.
Motion authorizing the City Manager or his designee to execute a
lease agreement and an option to purchase with Frost National Bank
for 41,289 square feet of the Frost Bank Building located at 2402
Leopard Street and the land on which the building is situated and Lots
la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2. (Attachment# 16)
16.b.
Ordinance appropriating $500,000 from the Frost National Bank lease
purchase agreement in the General Fund No. 1020, amending FY99-
00 budget adopted by Ordinance No. 023702, to increase
appropriations by $500,000 in the No. 1020 Fund; for office space
improvements to the Frost Bank Building. (Attachment # 16)
16.c.
Motion authorizing the City Manager or his designee to execute a
contract with Morgan Spear Associates, Inc. in the amount $41,560
for architectural services associated with the Frost National Bank
Building Lease Purchase Improvements. (Attachment # 16)
17.
Motion authorizing the City Manager or his designee to execute
Amendment No. 9 to the contract with Freese & Nichols, Inc. in the
amount of $344,600 for engineering services for the Wesley Seale
Dam Spillway Stabilization project. (Attachment # 17)
18.
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 # 18)
19.
Motion appreving the application from the Corpus Christi Off-Shore
Racing Association to temporarily close the following street sections
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 30, 2000
Page 8
20.
21 .a.
in conjunction with the East-West Powerboat Shoot-Out and related
activities, June 9 -11, 2000: (Attachment # 19)
1)
2)
3)
4)
5)
Northbound Shoreline Boulevard (inside lane and parking
lane), from the north right-of-way of Interstate 37 to the Barge
Dock entrance, beginning 9:00 a.m., June 6 until 6:00 p.m.,
June 7, and from 6:00 p.m., June 12 until 6:00 p.m., June 13,
2000.
Southbound Shoreline Boulevard (inside lane and parking
lane), from the north right-of-way of Interstate 37 to the south
right-of-way of Hughes Street, beginning 9:00 a.m., June 6
until 6:00 p.m., June 7, and from 6:00 p.m., June 12 until 6:00
p.m., June 13, 2000.
Northbound Shoreline Boulevard (full street closing), between
the north right-of-way of Interstate 37 and the south right-of-
way of Hughes Street, beginning 6:00 p.m. June 7 until 6:00
p.m., June 12, 2000.
Southbound Shoreline Boulevard (full street closing), between
the north righ~of-way of Interstate 37 and the south right-of-
way of Hughes Street, beginning 6:00 p.m., June 7 until 6:00
p.m., June 12, 2000.
Northbound Shoreline Boulevard (parking lane and sidewalk
area) between the north right-of-way of Interstate 37, and
Taylor Street, beginning 1:00 p.m., June 5 until 6:00 p.m., June
13, 2000.
Motion authorizing the City Manager or his designee to release a
request for proposals for the design services associated with the
skate board park. (Attachment # 20)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a one year lease with the Texas State Aquarium
Association (TSAA's) to operate the parking lot in the right-of-way of
Highway 181 (Harbor Bridge) in consideration of TSAA's payment of
the bond fund note of approximately $150,000 annually, maintenance
of the landscaping and parking lot, and if parking revenues exceed
$400,000 annually, payment to City of 50% of the excess revenues.
(Attachment # 21 )
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
_..Regular Council Meeting
Hay 30,2000
Page 9
21 .b.
21 .c.
22.
23.
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with the Texas State Aquarium
Association (TSAA's) to operate the parking lot in the right-of-way of
Highway 181 (Harbor Bridge) in consideration of TSAA's payment of
the bond fund note of approximately $150,000 annually, maintenance
of the landscaping and parking lot, and if parking revenues exceed
$400,000 annually, payment to City of 50% of the excess revenues.
(Attachment # 21 )
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a twenty-year lease with the Texas State
Aquarium Association, in consideration of lessee maintaining the
premises and improvements, operating a public aquarium and related
facilities, and retaining all financing covenants until the related
indebtedness is fully retired (including making payments when
required), for Lots A-l, A-2, B, C, & D, Texas State Aquarium
subdivision and an assignment of certain property of Rincon Channel
owned by the Port of Corpus Christi Authority and leased to the City.
(Attachment # 21 )
Motion authorizing the City Manager or his designee to submit a grant
application for $300,000 to the Department of Housing and Urban
Development, Youthbuild Program to provide economically
disadvantaged youth the opportunity to learn life skills and
employable skill in construction. (Attachment # 22)
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in orderto discuss matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter 551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the executive
session will be publicly announced by the presiding officer.
Executive session pursuant to Texas Government Code Section
551.071 regarding Kelly Lewis v. City of Corpus Chdsti No. 94-1650,
94th District Court, Nueces County, Texas, with possible discussion
and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 30, 2000
Page 10
24.
25,
26.
27,
O.
Executive session pursuant to Texas Government Code Section
551.074 regarding the municipal court judges, with possible
discussion and action related thereto in open session.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff,'
reports of activities of individual Council members and Staff,' constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
CITY MANAGER'S REPORT:
* Upcoming Agendas
* Reminder of Invitations, Scheduled Events
MAYOR'S UPDATE:
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 2:30 D.rn., May 26 ,2000.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summar/)
Armando Chapa /~,,.t,_
City Secretary '
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Agenda
_,,Regular Council Meeting
lay 30,2000
Page 11
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
City Council
Priority Issues
~[Improvement in Delivery of Basic Services -
~,~lmprovement in Delivery of Basic Services -
Trash, Brush & Debris
Street & Road Maintenance
Improvement in Delivery of Basic Services - Park Maintenance
Improvement in Delivery of Basic Services - Animal Control
Improvement in Delivery of Basic Services - Quality Water
Improvement in Delivery of Basic Services - Lighting
Expansion of the Bayfront Plaza Convention Center
Capital Improvements
$
Bond Issue
Successful Implementation of Crime Control District Objectives
Community Oriented Policing
Economic Development Plan
Storm Water Utility/Drainage
Completion of Airport Improvements
Assessment of Street Needs (Planned Street Program)
Northside Plan
Additional Golf Course
Youth Crime Initiatives
Environmental Compliance
~CDBG Funding Assessment
Privatizing Services
Improvement of Citizen Response System
Creation of a "Development Center'
Residential Communities Involved in Park Development
Bayfront Development Plan
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Bond Program Public Heating
May 22, 2000
6:02 p.m.
PRESENT
Mayor Samuel L. Neat Jr.
Mayor Pro Tern Dr. Arnold Gonzales
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
John Longoria*
Mark Scott
ABSENT
Betty Jean Longoria
City Staff:
Deputy City Manager George Noe
Assistant City Secretary MaD' Juarez
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the hearing to order in Room 224 of the Bayfrom Plaza Convention
Center in Corpus Christi. Assistant City Secretary Juarez declared that the necessary quorum of the
Council were present to conduct the hearing. The Mayor announced that City Manager Garcia was
attending the board meeting of the Corpus Christi Independent School District to discuss the refuge
of last resort program.
Deputy City Manager Noe gave a detailed computer presentation of the bond program,
including the property tax proposals, the three 1/8 cent sales tax proposals and the resulting financial
impact of the program.
Mayor Neal opened the hearing for public comment.
Mr. Bill Kopecky commented on several aspects of the G.O. bond package and sales tax
propositions. In response to a question from Mr. Kopecky, Fire ChiefJ.J. Adame said all of the funds
from the sale of the fire training facility land went to build the new fire station. He said the training
facility had outlived its usefulness.
*Council Member John Longoria arrived at 6:20 p.m.
Mr. Kopecky also discussed the multi-purpose arena facility, including its use, possible
location, and parking. He said Memorial Coliseum could be modified to increase its capacity. He
also commented on the economic development sales tax proposal. Council Member Kinnison
pointed out that the Council was awaiting the results of a study on the convention center.
Mrs. Loule Evans asked about the homeport bonds, which Mayor Neat said were issued by
Minutes
Bond Program Public Hearing
May 22, 2000
Page 2
the county in 1985. Mrs. Evans also asked about the use of the proposed arena by Texas A&M
University-Corpus Christi. The Mayor stated that no agreements have been drafted yet on the use of
the arena. Mrs. Evans questioned whether the arena could be used as a hurricane shelter and she said
she has concerns about the arena's location.
Mrs. Dorothy Sparta said everyone wants Corpus Christi to move forward. She asked if staff
had sought federal funds to repair the seawall, and Mayor Neal replied that they had.
Mr. Steve Cervantes said the seawall was paramount to development downtown, and he said
the arena should be able to accommodate different uses. He added that economic development is one
of the most important ways that the city can entice more jobs, which will benefit the community's
children in the future.
Mr. Sam Beecroft said he did not think the seawall should be funded with a sales tax
proposal. He also discussed the importance of economic development, saying that graduates are
leaving Corpus Christi because there are not enough good jobs here. He added that the G.O. bond
package was essential.
Mr. Ted Stevens spoke in favor of the proposed projects, adding that the arena will help
support the convention center.
Mr. Paul Hanna said these projects are an investment in the city's future, similar to the
convention center when it was first constructed. He said the Council needs to provide more detail
on the proposals and inform the public.
Mayor Neat then called for Council comments. Mr. Scott commented on an article describing
counties that have surpassed Nueces County in growth. Mr. Colmenero discussed the competition
among Texas cities, saying it is difficult to attract industry and these proposals represent the future
of the community. The Mayor said they are moving forward on getting the Attorney General's
opinion and the results of the arena/convention center study.
There being no further business to come before the Council, Mayor Neal adjourned the
heating at 6:50 p.m. on May 22, 2000.
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 23, 2000
2:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Dr. Arnold Gonzales
Council Members:
Javier D. Colmenero
Melody Cooper*
Henry Garrett
Rex A. Kinnison
Betty Jean Longofia
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
Assistant City Secretary Mary Juarez
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Kathryn Durme, a 4th grade student at Incarnate Word
Elementary, following which the Pledge of Allegiance to the United States flag was led by Erika
Rendon and Frank Dennis, members of the Incarnate Word Elementary Student Council.
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 May 16, 2000, and the bond program
public hearing of May 17, 2000. A motion was made and passed to approve the minutes as presented.
Mayor Neal said Item 10 on the day' s agenda regarding the FY 9%00 budget was withdrawn.
*Council Member Cooper arrived at the meeting.
Mayor Neal called for petitions from the audience.
Ms. Dorothy Corcoran, 734 Chase Dr., spoke in favor of the Neighbors on Watch program,
saying that it would be a great disservice to the community if that program was discontinued due to
budget constraints. She also asked the Council to not take funds away from police, fire and EMS.
Responding to Council Member Gonzales, City Manager Garcia said he thought the
Neighbors on Watch program was on the Police Department's "cut" list. He said each city
department has proposed several reductions in an attempt to balance the budget. Mayor Neal said
that discussion really had to do with an agenda item and he asked Ms. Coreoran to meet with Deputy
City Manager Noe to discuss it further. Mr. Garcia pointed out that the discussion on the FY 99-00
Minutes - Regular Council Meeting
May 23, 2000
Page 2
budget was pulled from the agenda, and the item dealing with the FY 00-01 budget is scheduled for
next week's meeting, which will be the first time staff presents it to the Council.
Dr. GonT~les asked why they could not discuss that issue further at that time. City Attorney
Bray read from the Attorney General's opinion as follows: "If an inquiry is made during public
comment, a Council member may: 1) make a statement of factual information; 2) recite existing
policy; and/or 3) propose to place the topic on a future agenda. No other response to public comment
should be made." He said that opinion was in response to an inquiry that had been made. Mr. Bray
said it means that Council members can respond in that very limited way if an inquiry is made.
Mr. James Sierman, 417 Scotland, said there are many citizens who are fully supportive of
the City Council. He said many people do not approve of people who criticize the Council.
Ms. Fanhie Hoskins, 4629 Elvira, said she was speaking in support of the Community
Relations and Neighbors on Watch programs. She asked the Council to consider retaining the
Neighbors on Watch program when they start cutting the budget.
Mr. Cezar Galindo, 3141 Gollihar, said he was also speaking in favor of the Neighbors on
Watch Association. He said they understood that Mr. Pete Rivera's and Ms. Karen Starrs' jobs may
be in jeopardy due to possible budget cuts. He noted that the National Night Out event has been held
in Corpus Christi for 16 years and the city has been rated 13th place in competition with several large
cities. Mr. Galindo submitted a petition of citizens' names who were against the elimination of the
Neighbors on Watch program.
Mr. Leon Perez, 904 Buford, discussed the accumulation of discarded tires and he criticized
the Texas Natural Resource Conservation Commission.
Mr. J.E. O'Brien, 4130 Pompano, said that in 1990 the city had an analysis of city operations
referred to as the Mercer Report. He read one finding from that report, which stated that the city
budget process and document were inadequate for management purposes. He said the report
recommended that the city move to a more programmatic-oriented budget, which is analyzed from
a zero-based budget perspective.
Mr. R.J. Herschbach, 4650 Hakel, said he was disturbed that the Council discussed
Parliamentary procedure. He also discussed aspects of the City Charter, saying that the Council was
not abiding by it regarding their voting actions. Mayor Neat replied that Mr. Herschbach' s comments
were not tree, and he explained how the Council was correctly following the Charter.
Mr. R.F. Hasker, 1813 Wallace, said the city's finance director was moved to a new position.
He said Mr. O'Brien should be hired instead. Mayor Neal said the recent action referred to by Mr.
Hasker involved the budget director, not the finance director.
Mr. Jimmie Till, 6034 Lost Creek, said he received excellent service from the employees at
4
Minutes - Regular Council Meeting
May 23, 2000
Page 3
the J.C. Elliott Landfill and he also complimented police officers for maintaining an orderly flow of
traffic following an accident on the highway earlier that day.
Mr. Jack Gordy, 310 Norton, said the city still has not done anything about political signs,
which was a violation of state law. He read a letter sent to the City Manager from the Texas Highway
Department regarding administering the provisions of the Highway Beautification Act. He also
discussed an agreement that the city will control outdoor advertising. Mr. Tom Utter, Assistant City
Manager for Development Services, replied that staff has talked with the Highway Department,
notified owners who have signs located on their property, and notified the candidates themselves.
Mr. Roland Garza, 4645 Ocean Dr., said members of the G.I. Forum were informed that there
may be cuts to the tennis programs at the AI Kruse Tennis Center. He said that center offers
programs to underprivileged youth who catmot afford tennis classes and he distrussed the importance
of offering those services on the westside.
Mayor Neal called for consideration of the consent agenda (Items 2-8). Council members
requested that Items 3 and 8 be withheld for discussion. There were no comments from the audience.
Assistant City Secretary Juarez polled the Council for their votes and the following were passed:
2. M2000-152
Motion authorizing the City Manager or his designee to execute a coustmction contract with
MP Contracting in the amount of $17,465 for the Health Center sidewalk repairs.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
4. M2000-154
Motion authorizing the City Manager or his designee to execute an annual maintenance
agreements with Hewlett-Packard Company in the amount of $40,297.69 for maintenance
on the hardware and operating system of the Hewlett Packard - Unix Servers.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
5. ORDINANCE NO. 024041
Ordinance amending Ordinance No. 023690 passed and appreved on July 13, 1999, by
amending Section 3 to adopt the final assessment roll and assessments to be levied against
the owners of property abutting on Margie Drive, from Leopard to Marline Street for the
Minutes- Regular CouncilMeeting
May23,2000
Page 4
Armaville Area Street Improvements, No. III, Phase 2 project.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
ORDINANCE NO. 024042
Ordinance governing the construction, maintenance and use of gas pipelines within the City
of Corpus Christi; mending Section 55-3 of the City Code of Ordinances; providing for
penalties.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
7.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease for one hundred and twenty
days with Nueces County Conunity Action Agency (NCCAA) for seven real and personal
properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA
operating Head Start programs for eligible citizens of Corpus Christi and maintaining the
properties.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kiunison, B. Longoria. J. Longoria, and Scott voting "Aye."
7.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 1 O-year lease with an option to
renew for 10 years, with Nueces County Community Action Agency for seven real and
personal properties identified on the attached and incorporated Exhibit A, in consideration
of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and
maintaining the properties.
The foregoing ordinance passed on first reading by the following vote: Neat, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 3, airport projects. Responding to Council Member
Scott, City Manager Garcia explained that this item involves three improvement projects at the
airport: apron extension; HVAC (heating and air conditioning) project; and a wastewater lift station
Minutes - Regular Council Meeting
May 23, 2000
Page 5
project. Mr. Kevin Stowers, Assistant Director of Engineering Services, explained that the HVAC
project is an amendment of the terminal construction project, which he explained. Assistant City
Secretary Juarez polled the Council for their votes as follows:
3. M2000-153
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
architectural/engineering services contract with M. Arthur Gensler Jr. and Associates, Inc.
in the mount of $180,700 related to the terminal apron construction, terminal reconslruction,
and lift station relocation projects at Corpus Christi International Airport.
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 8, radio systems. Council Member Colmenero said
this was a very good project and he thought it should have been included on the regular agenda rather
than the consent agenda. Assistant City Secretary Juarez polled the Council for their votes:
8.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an eleven month lease with Texas
A&M University°Corpus Christi for the use of the area located adjacent to the northern most
Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean
Drive right-of-way on Ward Island, in consideration of the installation and operation of two
CODAR radio towers and providing for the maintenance of the premises.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper. Garrett. Gonzales. Kinnison. B. Longoria. J. Longoria. and Scott voting "Aye."
8.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five year lease with Texas A&M
University-Corpus Christi for the use of the area located adjacent to the northern most Hobie
Cat launching ramp on North Beach and the area located on the north side of Ocean Drive
right-of-way on Ward Island, in consideration of the installation and operation of two
CODAR radio towers and providing for the year-round maintenance of the premises.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes ~ Regular Council Meeting
May 23, 2000
Page 6
Mayor Neal opened discussion on Item 9, disannexing an island from the city. Mr. Utter
explained that the Council first considered this issue last week. Following discussions with several
Ingleside on the Bay residents, Mr. Utter said staff was recommending the following to strengthen
the proposed agreement. First, that the bed and breakfast use be limited to a maximum of five
double-occupancy units. Second, that if there is a breach in the agreement, the land use restrictions
would automatically revert to "R-1B" single-family and the zoning, platting, and building code
requirements would be automatically enfomed. Third, that the agreement would be filed for record
in both San Patricio and Nueces counties.
Council Member GonTales asked about mineral rights on the island. City Attomey Bray said
he understood from Mr. John Bell, attorney for Mr. Kenneth Berry, that the minerals for that property
are owned by the State of Texas; therefore, they are not taxable whether or not they are in the city
limits. He said if in fact there were minerals in private ownership, they would be part of the land. He
said the city taxes 100% of the land so if the tax assessor assessed that property as having some
mineral value, then the city's in lieu of tax would apply to that value. However, since the mineral
fights are in public ownership, they are not an issue. Mr. Utter said they conducted research back to
1986 and determined that there have not been any minerals taxed on that island.
Responding to Council Member Garrett, Mr. Utter said Mr. Berry has a small structure on
the island at this time. He added that Mr. Berry does not want to fail under certain city requirements
and he is willing to limit himself by the terms of the agreement to very specific activities on the
island. Mr. Utter said he thought Mr. Berry had obtained a permit for a sewer system from San
Patricio County.
Council Member Colmenero asked why Mr. Berry was seeking the de-annexation. Mr. Bell
replied that the city's codes and regulations do not work for an island that is non-accessible and only
has one structure on it, which he explained. He said the alternative to amending the ordinances
governing such things as platting was the formation of the tourist industrial district with specific
restrictions on the use of the property. Mr. Colmenero said he was concemed about this proposal.
Council Member Kinnison asked how long the property has been in the City of Corpus
Christi. Mr. Utter stated that it came into the city in the mid- 1 960s when the channel was dug and
the city passed a new annexation ordinance which ran along the shore of Corpus Christi Bay. Mr.
Utter then used a map to further describe the island and its location. Responding to other questions,
Mr. Utter said that if the island was de-annexed, Mr. Berry would be able to discharge firearms.
Dr. Gonzales discussed the issue of abiding by the building code and the potential size of a
bed and breakfast facility. Mr. Utter pointed out that in order for Mr. Berry to get inst~rance, he
would have to comply with the CATPOOL. which means he would have to comply with the higher
level of the Southern Standard Building Code, which the city has adopted. Responding to Council
Member John Longoria, Mr. Utter said this proposal is considerably different from the city's
industrial district agreements.
8
Minutes - Regular Council Meeting
May 23, 2000
Page 7
Mayor Neal called for comments from the audience.
Mr. R.J. Herschbach discussed fire protection and a sewer system permit on Berry island. Mr.
Utter said the city's existing industrial districts require that the industry pay to be a member of the
Refinery Terminal Fire Company or an additional 15% to the city. The Berry proposal states that the
city has no obligation to extend any city services, including fire service.
Ms. Carol Regnier, 145 Live Oak at Ingleside on the Bay, asked if a future City Council
could renegotiate an agreement with Mr. Berry. She said once the island is de-annexed, it is not
subject to the city' s zoning regulations. Mr. Utter replied that if the Council approves the agreement,
the property would be limited to "A-2" zoning with the possibility of a bed and breakfast. However,
the property could be re-annexed either due to a breach of the contract or because the contract
expired. In addition, the public hearing process would continue to be followed with the zoning. Mr.
Bray said the contract would be binding on future Councils because the statute provides for it.
Ms. Jay Nelson Masterson, 120 Misty Lane in Aransas Pass, said she used to work for the
Coastal Bend Council of Govemments. She discussed several expansion plans in the area. She added
that any de-annexation sends a very strong message, which she said is not the one the Council wants.
Ms. Cynthia Pearl, a resident of Ingleside on the Bay, asked several questions about the
proposal. Mr. Utter stated that Mr. Berry has not paid service fees but he has paid taxes for two years
for the island. Mr. Bray said the city would have contractual authority if the contract was breached.
Ms. Pearl said no one has been able to explain how this proposal would benefit the city.
Ms. Rhoda Poeuisch, Ingleside on the Bay, said she was speaking in support of the previous
three speakers, saying she did not think the island should be de-annexed because they do not know
how Mr. Berry intends to use the property.
Mr. J.E. O'Brien quoted from the Local Govemment Code regarding refunding property
taxes. Mr. Utter said the proposed agreement states that the owner waives all rights to the refund of
taxes and fees which the owner might otherwise be entitled to receive because of the disannexation.
Assistant City Secretary Juarez polled the Council for their votes as follows:
9.a. M2000-155
Motion to amend Ordinance prior to Second Reading by incorporating additional provisions
in Article I, Article VI and Article IX of the Tourist Industrial District Agreement; placing
limits on development size; establishing a reverter provision; and requiring filing of the
Agreement in both Nueces and San Patricio Counties.
The foregoing motion passed by the following vote: Neat, Cooper, Kinnison, B. Longoria,
J. Longoria, and Scott voting "Aye"; Colmenero, Garrett, and Gonzales voting "No."
9
Minutes - Regular Council Meeting
May 23, 2000
Page 8
9.b. ORDINANCE NO. 024043
Disannexing from the city the island (owned by Kenneth L. Berry and wife, Brenda L. Berry
["Owner"]) located off lngleside 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 23, 2000, with "Owner" Pursuant to §42.044 Texas Local
Govemment Code and to file the Agreement in the official records of Nueces County, Texas.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neat,
Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero, Garrett,
and CopTales voting "No."
Mayor Neal called for a brief recess.
10. WITHDRAWN
Ordinance amcnding Ordinancc No. 023702 which adopted thc FY9%00 Budget, by
increasing appropriations in certain funds, adjusting thc mounts of certain interfund
transfers, and increasing revenue cstinmtcs.
Mayor Neat opened discussion on Item 11, resolution affirming financial policies.
Deputy City Manager Noe said the proposed resolution is very similar to one adopted last
year. However, it did place more emphasis on the need to provide a balanced General Fund budget
in the coming fiscal year. In addition~ there was a major revision to the section on fund balance.
including maintaining the 5% goal but focusing on how the city will accomplish that goal and
mandating the creation of a five-year plan with annual reporting requirements. He said the resolution.
which staff discussed with the city' s bond connsel, was modeled after similar ones in other cities.
Mayor Neal called for comments from the audience, and there were none. Responding to
Council Members Kinnison and Colmenero, Mr. Noe said staff will present a plan to the Council
prior to the adoption of the budget. Assistant City Secretary Juarez polled the Council for their votes:
11. RESOLUTION NO. 024044
Resolution reaffirming the Financial Policies adopted by Resolution No. 023319 and
providing a policy to build the General Fund Balance to an adequate levy in future years.
10
Minutes - Regular Council Meeting
May 23, 2000
Page 9
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neat opened discussion on Item 12, "Orion's Belt" art project. There were no
comments from the audience.
Council Member Cooper reiterated her opposition to the placement of the structure at the
intersection of lH-37 and Shoreline Boulevard and to the structure itself. She said she spoke to a
member of the federal government about infonnation that has not been provided to the General
Services Administration (GSA). Responding to a question from Ms. Cooper, Mr. Tony Cisneros,
Director of Park and Recreation, said the contract states that any mechanical concerns have to be
reviewed by the GSA but that has not yet occurred because the contract has not been signed. Mr.
Cisneros said a representative of the GSA was not able to be present at the meeting, but the GSA
wished to convey their opposition to the location of the artwork.
Responding to additional questions from Ms. Cooper, Mr. Cisneros said the Council
previously approved the concept of the artwork and now they would be proceeding with the
engineering. City Manager Garcia said once the engineering design is completed, it can be reviewed
by city staff and the GSA for structural integrity. Following a brief discussion, Mr. Bray stated that
it has not been represented to the GSA that they would have veto power overthe contract. He added
that the contract states that a professional engineer will approve the structure. Mr. Utter further
described what staff told GSA and GSA's response.
Ms. Cooper then made a motion to table Item 12 until GSA's representative can be present;
the motion was seconded by Dr. Gonzales. Assistant City Secretary Juarez polled the Council and
the motion failed by the following vote: Cooper and Gonzales voting "Aye"; Neat, Colmenero,
Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "No."
In reply to Council Member Garrett, Mr. Bray said the Council could, by ordinance, change
where the monies go that had been designated for the Permanent Art Trust Fund. However, since the
monies are derived from hotel tax revenues, they can only be spent for things that are allowed by the
hotel tax statute.
Council Member Gonzales said he thought the artist should have already had to prove that
the artwork is stmcturally sound. He said he was concerned about whether the artwork can withstand
hurricane winds. Mr. Cisneros said an engineering study will have to be done in order to ensure that
the wind load requirements will be met for the structure. Council Member John Longoria said the
artist has built similar pieces of artwork in other areas of the country and the contract contains
appropriate safeguards.
Council Member Scott asked whether the artwork would be built if the city's engineers found
Minutes - Regular Council Meeting
May 23, 2000
Page 10
it to be structurally unsound; Mr. Cisneros replied that it would not be. Responding to Council
Member Kinnison, Mr. Cisneros said Mr. Perless is a world-class artist with numerous pieces to his
credit. Mr. Garcia briefly described the phases of the project and the payment schedule. Mrs. Juarez
then polled the Council for their votes on Item 12 as follows:
12.a. ORDINANCE NO. 024045
Ordinance appropriating $25,000 in the 6010 Permanent Art Trust Fund and amending
Ordinance No. 023702 which adopted the FY99-00 budget by adding $25,000 to the No.
6010 Permanent Art Trust Fund; transferring $25,000 to and appropriating it in the No. 3280
Park Capital Improvement Fund for installation of artwork and amending Ordinance No.
023703 which adopted the FY99-00 Capital Budget adding $25,000 to the Park Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neai,
Colmenero, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper, Garrett,
and Gonzales voting "No."
12.b. M2000-156
Motion authorizing the City Manager or his designee to execute a contract with artist Robert
Pe~ess in the amount of $200,000 for the complete development and installation of artwork
titled Odon's Belt on the Shoreline Drive median south of the intersection of IH37 and
Shoreline Boulevard.
The foregoing motion passed by the following vote: Neat, Colmenero, Kirmison, B.
Longoria, J. Longoria, and Scott voting "Aye"; Cooper, Garrett, and Gonzales voting "No."
Mayor Neal opened discussion on Item 13, franchise agreement audits. There were no
comments from the audience. Assistant City Secretary Juarez polled the Council for their votes:
13. M2000-157
Motion authorizing the City Manager or his designee to issue request for proposals for audit
of Central Power & Light and Southwestern Bell franchise agreements.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 14, summer progains. There were no comments from
~2
Minutes - Regular Council Meeting
May 23, 2000
Page 11
the audience. Assistant City Secretary Juarez polled the Council for their votes as follows:
14.a. M2000-158
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $20,538 from the FY 1999 Weed and Seed Program
to implement Operation Cool Off at Joe Garza Community Swimming Pool.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
14.b. M2000-159
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $24,257 from the FY 1999 Weed and Seed Program
to implement Operation Cool Off at H.E.B. Community Swimming Pool.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
14.c. M2000-160
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $10,500 from the FY 1999 Weed and Seed Program
to continue a Transportation Program for youth recreation.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
15.
16.
Mayor Neal announced the following executive sessions:
Executive session pursuant to Texas Government Code Section 551.071 regarding Five
Citizens of Corpus Christi v. City of Corpus Christi et al No. 00-275~G, 319th District Court,
Nueces County, Texas, with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Govermnent Code Section 551.071, regarding the
following cases against the City of Corpus Christi et al in the United States District Court for
the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John
Betz No. C-99-133, Amulfo Guerrero Jr. No. C-99-143, Mark Schauer No. C-99-144,
Charles Barrels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-
168, Gilbert Garcia No. C-99-170 with possible discussion and action related thereto in open
session. The Council went into executive session. The Council returned from the session.
Minutes - Regular Council Meeting
May 23, 2000
Page 12
Mayor Neal called for the City Manager's report. Mr. Garcia stated that next week the
Council will have a joint meeting with the board of the Crime Control and Prevention District.
During the Council's meeting next week, they will consider the following issues, among others:
Metrocom, Frost Bank building, skate park RFPs, and three zoning cases.
Mayor Neat called for Council reports.
Mr. Garrett asked about the status of the city's lobbyists. Mr. Garcia said there will be a
thorough discussion during the budget process about the four lobbyists the city retains (one in
Washington and three in Austin). He said staff will recommend that they reduce the number of
lobbyists to one in Washington and one in Austin, along with lobbying efforts by the City Council
and city staff.
Mr. Kinnison requested a time line on the process that will be used in developing the 1/8-cent
tax for economic development. He also requested the same detailed breakdown on each aspect of
the budget that he had requested during last year's budget process. Mayor Neat said all the Council
members should receive a copy of that information.
Dr. Go~y~l es referred to an article in the local newspaper regarding the reassignmeut of Mr.
Joe Montez, the city's budget director, to another position. Dr. Gonzales and Mr. Longoria spoke
in support of Mr. Montez, to which Mr. Garcia responded.
Mayor Neal cautioned the Council that they were delving into personnel issues. Mr. Longoria
replied that they were discussing the budget as posted on the agenda. City Attorney Bray suggested
that if the Council wished to discuss Mr. Montez in particular, it would be the proper subject of a
closed session if it was posted. Dr. Gonzales and Mr. Colmenero said they thought the Council
should challenge the Attomey General's opinion regarding what the Council can and cannot discuss
because they felt it was restricting their discussions.
Mr. Bray said the Attorney General 's opinion changed how the end of the Council meetings
are operated by saying that they should post individual topics that individual Council members want
to talk about. Mr. Bray said that within the Council' s own agenda-setting process, the Council has
indicated that they wanted the reports to be brief discussions designed more to establish future
agenda items rather than having a full-blown debate on different issues. He said it is the Council' s
choice regarding the function of the Council reports at the end of the meetings. Mr. Longoria said
it was obvious that the Council does not like the current system.
Mr. Garrett said he agreed that the Attorney General's opinion should be challenged. He and
Mr. Colmenero also spoke in support of Mr. Montez. Mr. Scott, Mrs. Longoria and Mr. Kiunison
said the Council should not get involved in personnel issues. Responding to a question from Mr.
Kianison, Mr. Bray further explained the Attomey General's opinion regarding Council reports.
14
Minutes - Regular Council Meeting
May 23, 2000
Page t3
Regarding other Council concems, Mrs. Longoria said she had received calls from citizens
about Park Department budget issues. She said the city needs to find ways to work with other
entities, such as the county and school districts, to provide programs. Mr. Cisnems said they recen~y
received a grant for the YOU program, and he added that many of the city' s recreation programs are
funded from outside sources.
Mr. Longoria said he wanted to make sure that all of the employees in the Code Enforcement
Depathnent are being used for those endeavors and not being assigned to other tasks. He announced
a Municipal Court Committee meeting on May 251h and he said a 78415 convention held last
weekend was successful.
Mr. Kinnison said he hoped the Mayor could take the lead with the county regarding the
vehicle license fee that can be used for the school crossing guard program. Mayor Neal said that at
their meeting on May 241h the County Commissioners will be considering a proposed resolution
about the county assuming the operation of the City-County Health Department.
Responding to a question from the Mayor, Mr. Utter discussed weed liens, code enforcement
issues, and demolition concerns. A brief discussion ensued.
Mayor Neal asked Mr. Bray what the penalty would be if the Council went back to their
previous process for Council comments at the end of the meetings. Mr. Bray replied that there is no
penalty for it--someone would have to get an injunction. The Mayor then asked that the previous
process on Council comments be reinstituted.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:40 p.m. on May 23, 2000.
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 24 2000
AGENDA ITEM: Motion approving the purchase of Graphieal User Interface (GUI) software for
public safety dispatching stations ~-om Tiburon, Inc. in the mount of $46,153. The award is based
on Sole Source and will be used by the Police Department. Funds are provided through Law
Enforcement Trust Fund.
ISSUE: Purchase of the software is necessary to continue the mobile data project.
BACKGROUND INFORMATION: On November 30, 1999 City Council approved a contract
amendment to the mobile data contract with Rockwell Collins, Inc. to cover items including the
addition of the GUI sofhvare. GUI software has become a standard for all soil ware over the past few
years, since the beginning of the mobile data project. The software will provide a look and feel to
public safety dispatchers that is compatible with other soft'ware. The sottware is sole source due to
existing equipment and software compatibility.
REQUIRED COUNCIL ACTION: Approval of purchase.
RECOMMENDATION: Staff recommends approval of the purchase.
Chief of Police
17
AGENDA MEMORANDUM
DATE: May 17, 2000
SUBJECT:
Minor Storm Drainage Improvements (Project No. 2099)
Site 1 Philip Ddve at Queen Ddve (north end),
Site 2 Philip Ddve at Queen Drive (south end)
Site 3 Yorktown Boulevard at Rodd Field Road Intersection
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with A-Plus Paving and Construction, Inc. for a total fee not to exceed $74,000 for Minor
Storm Drainage Improvements at the following three locations:
Philip Drive at Queen Drive (north end)
Philip Drive at Queen Drive (south end)
Yorktown Boulevard at Rodd Field Road Intersection
ISSUE: Drainage facilities at the specified sites are inadequate to handle storm water at
times of heavy rainfall. Severe flooding occurs at times of heavy rainfall and presents a
problem to people living in the area. Storm drainage improvements are required to
alleviate severe flooding.
FUNDING: Funds for this project are available in the Storm Water Capital Projects Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
' gel R. Escobar, P. E.,
~f Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
18
BACKGROUNDINFORMATION
SUBJECT:
Minor Storm Drainage Improvements (Project No. 2099)
Site 1 Philip Ddve at Queen Drive (north end)
Site 2 Philip Ddve at Queen Ddve (south end)
Site 3 Yorktown Boulevard at Rodd Field Road Intersection
PRIOR COUNCIL ACTION:
1. July 20. 1999 - Ordinance approving the FY 1999 o 2000 Capital Improvement
Budget (Ordinance No. 023703).
PRIOR ADMINISTRATIVE ACTION:
1. September 10.1999 - Agreement for Architect/Engineer Consultant Services with
Shiner, Moseley & Associates, Inc. in the amount of $10,981.
BACKGROUND INFORMATION: The proposed project is part of an annual program
directed at remedying sites with inadequate drainage facilities throughout the City. Minor
flooding or prolonged standing water occur in the specified sites due to drainage facilities
which are inadequate for conveying storm flows dudng heavy rains.
Numerous sites have been identified by the Storm Water Division, and improvements are
being implemented according to the sevedty of flooding problems. These drainage
problems are generally corrected by increasing the size of curb inlets, installing larger
storm drainage pipes, and replacing rolled-over curb and gutter including pavement repairs
and grading.
PROJECT DESCRIPTION: The project consists of storm drainage improvements. Work
includes, but is not limited to the installation of two (2) curb inlets with extensions,
approximately 360 linear feet of 18-inch reinforced concrete pipe (RCP) and one (1)
concrete box structure, tie-in to an existing manhole, and six (6) safety end treatments; in
accordance with the plans, specifications and contract documents.
BID INFORMATION: The City received proposals from six (6) bidders on May 3, 2000.
The bids ranged as follows:
Site I Philip at Queen (north end)
Site 2 Philip at Queen (south end)
Site 3 Yorktown at Rodd Field
= $28,450.00 to $68,505.00
= $28,550.00 to $55,232.50
= $12,200.00 to $22,820.00
A~Plus Paving and Construction, Inc. of Corpus Christi, Texas is the low bidder on the total
of the Base Bid in the amount of $74,000. The bid submitted by A. Ortiz Construction and
Page 1 of 2
19
Paving of Corpus Chdsti, Texas is rejected because the contractor submitted a bid bond
without specifying the project name and did not execute the disclosure form.
CONTRACT TERMS: The contract specifies that the project will be completed in 45
calendar days, with completion anticipated by the end of July 2000.
FUNDING: Funds for this project are available in the Storm Water Capital Projects Fund.
II ExHiBIT "A" II
Page 2 of 2
20
MINOR STORM DRAINAGE IMPROVEMENTS
Site 1 - Philip Drive at Queen Drive (north end)
Site 2 - Philip Drive at Queen Drive (south end)
Site 3 - Yorktown Boulevard at Rodd Field Road Intersection
PROJECT BUDGET
PROJECT NO. 2099
May 17, 2000
FUNDS AVAILABLE:
Minor Storm Drainage Improvements ........................................................$102,181.00
FUNDS REQUIRED:
Construction (A-Plus Paving and Construction, Inc.) .................................$74,000.00
Contingencies (10%) .................................................................................7,400.00
Consultant (Shiner, Moseley & Associates) ...............................................10,981.00
Administrative Reimbursements ................................................................500.00
Major Projects ............................................................................................1,500.00
Construction Inspection .............................................................................5,300.00
Testing .......................................................................................................1,500.00
Incidental Expenses (Printing, Advertising, etc.) ........................................1,000.00
Total ...........................................................................................................$102,181.00
21
City Project No. 2090 Pa.� 1
for Department of Enpinswing4ity of Corpus Christi, Texas ... y
Time of Completion: 45 Calendar Dap BID TABULATION -u •••,� f
BId Opening Dab: May 2, 2000 Minor Storm Dnlmps Improvements er. r... ` ...
SEE No. 1: Philip Dr. At Down Dr. (North End) e.
SNE No. 2: Philip Dr. Al Queen Dr. )South End)
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File: \Mproject\councilexhibits\exh2099.dwg
W. POINT
PROJECT LOCATION J
PHILIP at QUEEN DR. (NORTH EN[
CORPUS CHRISTI BAY
PROJECT LOCATION
PHILIP at QUEEN DR. (SOUTH END)
N
F,M. 43
2444
PROJECT LOCATION
YORKTOWN BLVD. AT RODD FIELD RD.
INTERSECTION
CZTY PROJECT No. 2099
LOCATZON MAP
NOT TO SCALE
MZNOR STORM DRAZNAGE ZMPROVEMENTS
1. PhiZip Drive and Queen Drive (North end)
2. Philip Drive and Queen Drive (South end)
3. Yorktown Bivd. at Rodd FieZd Roa~3 Znter.
CZTY COUNCZL EXHZBZT
CITY OF CORPUS CHRIST?, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 05-18-2000
EXHZBZT "D"
AGENDA MEMORANDUM
Date: May 15, 2000
SUBJECT: Oso Water Reclamation Plant West Walkway Grating and Structural
Support Replacement (7167)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
contract in the amount of $46,462.50 with EPSCO International for construction of
the Oso Water Reclamation Plant West Walkway Grating and Structural Support
Replacement.
ISSUE: The walkway grating at the west end to the west plant clari~ers are severely
deteriorated and require rehabilitation.
FUNDING: Funds are available in the Wastewater Capital Projects Fund
(Commercial Paper).
RECOMMENDATION: Approval of motion as presented.
I R scobar, P.E. F
Director of Engineering Services Wastewater Superintendent
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Background Information
Project Budget
Location Map
Bid Tab Summary
H:~HOM~GRACEM~GEN%AGENDAS~.Oso7167.mmO.dOc05/18/00 ~1 PM
BACKGROUNDINFORMATION '
SUBJECT: Oso Water Reclamation Plant West Walkway Grating and Structural
Support Replacement (Project No. 7167)
PRIOR ADMINISTRATIVE ACTION:
December 8,1999: Award of engineering contract in the amount of $14,683 to HDR
Engineering, Inc.
BACKGROUND: Dudng field investigations for the preliminary phase of the Oso
Water Reclamation Plant Cladtier Trough Rehabilitation Project, it was noted that the
structural supports for the walkway grating at the west end to the west plant clarifiers
were severely deteriorated. HDR Engineering, Inc. evaluated these conditions as
part of their design report for the Cladtier Troughs Rehabilitation.
PROJECT SUMMARY: The existing structural supports and walkway grating
(approximately 1785 square feet) will be replaced with new fiberglass structures.
Cleaning and patching of existing concrete clarifier walls is also included.
BID INFORMATION: The City received proposals from nine bidders on May 3, 2000.
EPSCO International, Inc. submitted the low bid of $46,462.50. One bid, submitted
by Raines Contractors of Pasadena, Texas, was determined non-responsive due to
omission of a signature.
Because the low bid was considerably less than the HDR's estimate, the bid was
discussed with EPSCO. The major differences between EPSCO and HDR's
estimate were:
1. lower material costs than quoted during the preliminary phase (HDR contacted
serveral suppliers and used a composite of quotes).
2. lower demolition and installation costs (HDR assumed greater difficulty and
associated costs due to working over an active channel).
BID RECOMMENDATION: The City's consultant, HDR Engineering, Inc. has
reviewed EPSCO'S references and their bid and recommends award of the
construction contract to EPSCO.
FUNDING: Funds are available in the Wastewater Capital Project Fund
(Commercial Paper).
Oso7167.BKG/GMCNETTI5/22/2000 8:16 AM
25
EXHIBIT "A" ~
Page 1 of 1
OSO WATER RECLAMATION PLANT WEST WALKWAY
GRATING AND STRUCTURAL SUPPORT REPLACLEMENT
Project No. 7167
May 15, 2000
FUNDS AVAILABLE:
JWastewater Capital Projects Fund No. 4500
$ 72,245.50
FUNDS REQUIRED:
Construction
Contingencies (10%)
Consultant (HDR Engineering, Inc.)
Design Liaison
Construction Inspection
Printing
Advertising
TOTAL
$46,462.50
4,600.00
14,683.00
1,000.00
4,500.00
500.00
500.00
$72,245.50
)1 F_x.imT "s" II
Page 1 of 1
OsO7167,Bud.xIs/GMCNE'I'F/05/26/O0/2:13 PM
26
Rle : \Mproject\counciiexhibits\exh7167. dwg
NUECES BAY
N
PROJECT LOCATZON
OSO WATER RECLAMATZON
PLAjVT
501 NILE DRIVE
CORPUS CHRISTI BAY
F.M. 43
R4 2444
NAS
CZTY PROJECT No. 7167
LOCATZON MAP
NOT TO SCALE
Oso Water Reclamation Plant West Walkway
Gratlng & Structural Support Replacement
CITY OF CORPUS CHRIST7, TET, AS ~7
EXHZBZT "C"
CZTY COUNCZL EXHZBZT
DEPAR7MENT OF ENGINEERING SE~fiCES
PAGE: I of 1
DATE: 05-- 17--2000
N
00
TABUI bN OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CRHISTI, TEXAS
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: Wednesday, May 3, 2000 TIME OF COMPLETION: 90 Calendar Days
ENGINEER'S ESTIMATE: $95,000.00
Oso Water Reclamation Plant West Walkway Grating &
Structural Support Replacement
Project No. 7167
Base Bid Tabulation
EPSCO Intn'I, Inc.
1818 N. Padre Island Dr.
_Corpus Christi TX 78408
H&S Constructors, Inc.
PO Box 9014
Corpus Christi TX 78469
Quality Machine
PO Box 10039
Porgus Chdsti TX 784 0
J.M. Davidson, Inc.
PO Box 4639
Corpus Christi. TX 7846
Mitchell's Unlimited
11 Prairie Ridge
obstown Texas 7Q300
DESCRIPTION
DESCRIPTION
OTY
UNIT
TOTAL ASE BID
TOTAL BASE BID
TOTAL BASE BID
TOTAL BASE BID
TOTAL BASE BID
1
Provide all labor, materials, and
1
LS
$46,462.50
$54,000.00
$67,353.10
$69,668.00
$71,000.00
equipment for the demolition and
installation of the grating and
installation of the grating and
structural supports at the Oso
structural supports at the Oso
Water Reclamation Plant,
Water Reclamation Plant,
com late in place.
complete in place.
Oso Water Reclamalion Plant West Walkway Grating &
Structural Support Replacement
Project No. 7167
Base Bid Tabulation
Bracco Const. Co.
PO Box 7067
C2Wus Christi TX 78405
A. Ortiz Const. & Paving
102 Airport Road
Cori)us Christi, TX 78405
Level Line Constructors
545 N.Upper Brdwy #900
TX 78476
Raines Contractors, Inc.
4222 Pasadena Blvd.
Pasadena Texas 77503
Bid
Item
DESCRIPTION
OTY
I UNIT
TOTAL BASg BID
OTAL BASE BID
_QgWOSArlstl
TOTAL BASE BID
TOTAL BASE BID
1
Provide all labor, materials, and
1
LS
$84,000.00
$89,770.00
$100,676.00
$94,013.24
equipment for the demolition and
installation of the grating and
structural supports at the Oso
Water Reclamation Plant,
com late in place.
Non -Responsive Due to Missing Signature.
Fal
AGENDA MEMORANDUM
DATE: May 24, 2000
SUBJECT:
General Land Office-Miscellaneous Easement---Oso Bay, State Tract C
Roadway/Bridge and Utility Construction as part of
Spur 3, Phase 2--Ennis Joslin Road from Ocean Drive to S.P.I.D.
AGENDA ITEM:: Motion authorizing the City Manager, or his designee, to execute an
Agreement with the General Land Office of the State of Texas, granting an easement for
use in roadway/bridge and utility construction (Spur.3, Phase 2 Ennis Joslin from Ocean
Ddve to South Padre Island Drive (SPID) over the Oso Bay, State Tract C for consideration
of $26,930.
ISSUE.- The readway/bridge and utility improvements included in Spur 3, Phase 2 Ennis
Joslin Road from Ocean Drive to S.P.I.D. extend across a unnamed tributary of the Oso
Bay that requires an easement agreement from the General Land Office of the State of
Texas and payment of compensation for such easement.
FUNDING: Funds are available from the Capital Projects Fund. The Gas Fund will pay
their pro-rata share of the easement from the FY1999-2000 Operating Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
P. E'
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
30
BACKGROUND INFORMATION
SUBJECT:
General Land Office-Miscellaneous Easement---Oso Bay, State Tract C
Roadway and Utility Construction as part of
Spur 3, Phase 2--Ennis Joslin Drive: Ocean Drive to S.P.I.D.
PRIOR COUNCIL ACTION:
November 6, 1992: Resolution expressing the commitment of the City Council to
construct/provide funding for right-of-way acquisitions, utility relocations, and wetland
mitigation for upgrading and reconstruction of Ennis Joslin Road.
November 18,1993: Resolution authorizing the City Manager to execute an agreement with
TxDot relative to improvements to Spur 3, including Ennis Joslin Road.
July 16, 1996: Motion authorizing the City Manager to execute a contract in the amount
of $143,816 with Naismith Engineering, Inc. for engineering services associated with
the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive
improvements.
October 28, 1997: Motion authorizing the City Manager to execute a Participation
Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and or
installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2
improvements, the City's share of which will not exceed $217,000.
June 29, 1999: Motion authorizing the City Manager to execute Amendment No. 3 in
the amount of $19,050 to the contract for engineering services with Naismith
Engineering, Inc. for the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile
Drive improvements.
February 29, 2000: Resolution authorizing the City Manager or his designee to execute
Amendment No.1 to the Advanced Funding Agreement with Texas Department of
Transportation (TxDOT)in the amount of $6,039,661.98 for construction of Spur 3, Phase
2 Improvements Project: Ennis Joslin Road, from Ocean Ddve to South Padre Island Ddve
and Nile Drive from Pharaoh Drive to Ennis Joslin Road and associated utility work.
Various actions related to the acquisition of parcels required for street right-of-way and
utility easements.
EXHIBIT "A" '-
Page 1 of 3
31
PRIOR ADMINISTRATIVE ACTIONS:
December 17, 1997: Amendment No, 1 in the amount of $12,960 to contract for
engineering services with Naismith Engineering, Inc. for services associated with a
change order to the Bay, Inc. contract for Phase 1 improvements and design of a new
dam at the Pharaoh Golf Course.
Mamh 2, 1999: Engineering agreement in the amount of $10,000 with Naismith
Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley G01f Course Water Rights
Permitting - Phase 1/Permit Application.
December 20, 1999: Amendment No. 1 in the amount of $4,800 to the contract with
Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water
Rights Permitting - Phase 2/Permit Application.
May 10, 1999: Amendment No. 2 in the amount of $2,000 to contract for engineering
services with Naismith Engineering, Inc. for services to coordinate GLO easement
acquisition.
January 11, 2000: Amendment No. 4 in the amount of $6,000 to the contract for
engineering services with Naismith Engineering, Inc. for services associated with the
TxDOT Logo and Copyright Information to Plan Sheets,
Various actions related to the acquisition of pamels required for street right-of-way and
utility easements.
FUTURE COUNCIL ACTIONS:
Issuance of certificates of obligation to repay the Combined Utility Systems
to Construction Agreement with Central Power and Light for street lighting.
BACKGROUNDINFORMATION:
Spur 3, Phase 2: Ennis Joslin Road will be reconstructed and widened from Ocean Drive
to South Padre Island Drive in order to improve traffic circulation to the Texas A & M
Campus. The project includes constructing Ennis Joslin Road as a divided roadway with
2 lanes in each direction and a five foot bike lane. Additionally, city utilities will be
adjusted/relocated or improved as required.
The Spur 3 project involves considerable utility construction work to upgrade the utility
systems as well as adjusting and relocating lines to accommodate the road widening. To
EXHIBIT "A"
Page 2 of 3
32
a lesser degree, Nile Drive will also require utility work, pdmadly drainage improvements,
Nile Drive Improvements: Funds to improve Nile Ddve from Ennis Joslin Road to Pharaoh
Drive were approved in the 1986 Bond Program. Because of the roadway's proximity to
the Spur 3 project, Nile Ddve was integrated into TxDOT's plans and specifications for
Spur 3.
The construction of Spur 3, Phase 2 required additional Right-of-Way for the roadway
widening and bddge construction (100 feet) and (15 feet for water, wastewater and gas line
utilities corridor) across an unnamed tributary to the Oso Bay. In accordance with the
terms of the Advanced Funding Agreement, the City is required to acquire the right-of-way
necessary from the respective governmental jurisdictions.
Across submerged Permanent School Fund land, the easement is under jurisdiction of the
General Land Office of the State of Texas. The easement consists of 115 foot wide
easement (100 feet for roadway/bridge and 15 feet wide for utilities) by approximately 545
linear feet in length, a total encumbrance of 61,173 square feet.
EXHIBIT "A"
Page 3 of 3
TERMS OF AGREEMENT:
The terms of the easement consist o~
· Easement is perpetual beginning on May 1, 2000 unless renewed, amended or
terminated.
· In consideration of the granting of this easement, the City. pays $26,930.
· The State and City each shall have reciprocal rights of ingress and egress.
· The City shall be fully liable and responsible for any damage arising or resulting from
any act of omission.
· The City's use of the easement is subject to specific conditions dudng construction.
Assignment of the easement is not allowed.
· The protection of natural and historical resources is required.
34
EXHIBIT B
Page 1 of 1
TRIBUTARY TO
OSO BAY
/
GLO EASENE:NT
3, PHAS~ 2 E}~I~I,S ~IN:
OCEAN DR. TO ~.I~
EXHIBIT
DeDar'cmer~c of E'ng.~neeF.~ng SeFvZces
SCALE: l'-lO0'
Dace: 5/24/00 Page: 1 oF
/
OSO /
/
BAY /
AGENDA MEMORANDUM
SUBJECT:
AGENDAITEM:
Issue:
Funding:
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
DATE: 5-23-00
Acquisition of Parcel No. 27 by Condemnation for the Spur 3, Phase
2 Improvements Project
Motion authorizing payment of the Special Commissioners'
condemnation award of $120,000 for the acquisition of Parcel No. 27
located on Ennis Joslin Road between Del Oso Road and Nile Ddve
in connection with the Spur 3, Phase 2 Improvements project.
The Spur 3, Phase 2 Improvements Project calls for the acquisition
of parcel No. 27 for street improvements, the relocation of utility
lines, and as a buffer for the Oso Wastewater Treatment Plant
(WWTP). A condemnation headng was held on May 18, 2000, and
the Special Commissioners' Award was $120,000. The acquisition
requires Council approval.
Funds for this acquisition are available from the Street Capital
Projects Funds.
Director of Engineering Services
Background Information
Pdor Council Action
Location Map
Information Summary
Special Commissioners' Award
36
Background Information
Su~e~:
Acquisition of Parcel No. 27 by Condemnation
Spur 3, Phase 2 Improvements Project
Pdor Council Action:
Exhibit "B"
Overview:
Background: When Corpus Chdsti State University became part of the Texas
A&M University (TAMU) system, the need to upgrade the access to the campus
because apparent. Through the efforts of a number of government and business
leaders, the route from South Padre Island Ddve (SPID) to the TAMU-CC campus
(Ennis Joslin Road, Alameda Street and Ocean Drive) was designated State Spur 3.
The Texas Dept. of Transportation (TxDOT) was authorized to proceed with the
preparation of plans and specifications for the project. In November, 1993, TxDOT and
the City executed an agreement whereby the City took responsibility for acquisition of
right-of-way (ROW), relocation of conflicting utilities, and mitigation of environmental
concerns. The State was responsible for preparation of the required maps and
descriptions necessary to acquire the ROW, preparation of the plans and specs for
construction, and administering the construction contract. Water, sewer, gas, electrical
and telephone lines have been installed within a portion of the ROW in order to upgrade
utility service to the University in anticipation of future expansion. Construction for
Phase I of the project (Ocean Ddve between the Alameda/Ocean Drive intersection
and TAMU-CC) has been completed.
Parcel: The subject parcel is located on Ennis Joslin Road between Del Oso
Road and Nile Drive. Parcel No. 27 is a fee simple acquisition containing 1.751 acres
of vacant land. This parcel is being acquired for the Spur 3, Phase 2 street
improvements and utility relocations and as a buffer for the Oso WWTP. Staffs offer of
$90,765 was rejected, and negotiations reached an impasse. One November 16, 1999,
Council authorized eminent domain proceedings. A condemnation headrig was held on
May 18, 2000, and the Special Commissioners' award as $120,000.
A map (showing the location of the property), a summary (showing the size of the
property, the appraised value, and the Special Commissioners' award are included as
Exhibits "C", "D" and "E". No title company is involved in this transaction.
{ Exhibit A
37
PRIOR COUNCIL ACTION
1. September. 1992 - A delegation of City, County and Chamber of Commerce officials made a
presentation to the Texas Transportation Commission requesting that the access route to Texas
A&M University - Corpus Christi be designated as a State route.
2. November. 1992 - Resolution No. 021514 supporting upgrade of access to Texas A&M University
- Corpus Chdsti and commitments of the City to right-of-way acquisition, utility relocetions and
environmental mitigation.
3, November. 1993 - Resolution No. 021512 authorizing the City Manager, or his designee, to
execute an agreement with Texas Department of Transpbrtation (TxDOT) relative to the
improvements to State Spur 3 (Ennis Joslin Road, Alameda Street and Ocean Drive).
4. September. 1995 - Resolution No. 022346 authorizing the City Manager, or his designee, to
execute an Advanced Funding Agreement with the State of Texas for work to be constructed by
the State and paid by the City.
5. December 12, 1995 - Resolution No. 022434 authorizing condemnation proceedings by the City
to condemn fee title and to acquire a 20-fcot temporary construction easement for five parcels of
land along Ocean Drive east of its intersection with Alameda Street for the Ocean Drive Spur 3,
Phase 1 Project.
6. September 10. 1996 - Motion No. M96-279 authorizing the acquisition of Parcel No. 1 from the
County Line Properties, Inc.
7. September 24. 1996 - Motion No. M96o295 authorizing the acquisition of Parcel No. 3 from
Second Convenience Stores Properties, Inc.
8. January 19. 1999 - Motion No. M99-010 authorizing the acquisition of Parcel No. 30 from Bonnie
Lee Tatford.
9. May 18, 1999 - Motion No. M99-145 authorizing the acquisition of Parcel Nos. 2 and 2 U.E. from
C. C. Shores II, Ltd.
10. July 27. 1999 - Resolution No. 023701 authorizing condemnation proceedings to acquire parcels
Nos. 18 and 18 U. E. from Seaside Villa Council of Co-Owners, Inc., as Trustee for the unit
owners and their lienholders.
11, Auoust 24. 1999 - Motion No. M99-281 authorizing the acquisition of Parcel No, 4 from Apex Golf
Properties Corp.
12, September 21. 1999 - Resolution No. 023769 authorizing cendemnatlon proceedings to acquire
Parcel No. 29 from John L Johnson and wife, Janet J, Johnson and from the lienholder, Frank
Miller.
13. October 12. 1999 - Resolution No. 023789 authorizing condemnation proceedings to acquire
Parcel No. 34 from Leona Estes.
14. November 9, 1999 - Resolution No. 023826 authorizing condemnation proceedings to acquire
Parcel No, 32 from Curtis W. and Sharron K. Bennett.
15, November 16, 1999 - Resolution No. 023842 authorizing condemnation proceedings to acquire
parcel No. 27 from William McDonald Riddick, et al.
16. November 16. 1999 - Motion No. M99-397 authorizing acquisition of Parcel No. 21 from Sheila
Snyder.
17. December 14, 1999 - Motion No. M99-424 authorizing acquisition of Parcel No. 29 from John L.
Johnson and wife, Janet L. Johnson.
18. January 25. 2000 - Motion No. M2000-026 authorizing acquisition of Parcel No, 32 from Curtis W,
Bennett and wife, Sharon K, Bennett.
19. February 8. 2000 - Motion No. M2000-036 authorizing acquisition of Parcel No, 34 from Leona
Estes.
I Exhibit B 1
38
pARCEL' ~
TRACT
CA YO OF70SO --
VICINITY MAP
NOT TO SCALE'
SPUR
0 CEAN
3 - PHASE II Cit3~ Council E~hibit ~
DR. TO S.P.I.D. Department of Enllneerlni SerTices City
corp.,
PARCEL 27 Date: 08-13-99 ~' --'Christl
City of Corpus Chrlstl. Texas Page: I of I t:~::~
EXHIBIT C
39
INFORMATION SUMMARY
SPUR 3, PHASE 2 IMPROVEMENTS PROJECT
PARCEL NO. 27
Owner:
William McDonald Riddick, Co-Trustee, et al
Location:
Ennis Joslin Road between Nile Ddve and Del Oso Road
Zoning:
R-la, One Family Dwelling Distdct
Size:
Whole Taking (Vacant Land): 1,751 acres
Platted: No
Tax Value:
$95,343 ($0.80/s.f.)
Appraised Value: Amedcan Appraiser, Inc. - Sidney H. Smith, III, M.A.I.
Land ...................................................leave as $90,765
City Offer:
leave as $90,765
Owner's Demand: $175,430
NOTE: The subject property has a continuous slope and required fill dirt if
it is to be developed. The owners state that a minimal amount of fill is required and,
thus, value the lot at $175,430. The original appraisal, made by American Appraiser,
was based on a FEMA map and indicated that a substantial amount of fill dirt was
needed. This cost of fill resulted in discounting the value of the subject property to
$90,765. With the owners' permission, City surveyors performed a topographic survey
of the property. The topographic information indicated that less fill dirt was needed than
previously thought, resulting in an appraisal update to $110,000. City staff negotiated
an administrative settlement in lieu of condemnation of $145,000, which was initially
accepted by the owners. The owners subsequently changed their minds and requested
more compensation.
Condemnation Authorized:
Condemnation Hearing:
Special Commissioners' Award:
Resolution No. 023842 on November 16, 1999.
May 18, 2000
$120,000
I Exhibit D
4o
CAUSE NO. 99-62122-2
CITY OF CORPUS CHRISTI
IN THE COUNTY COURT
William P. Riddick, Individually *
and as Trustee, Cynthia Riddick Marmolejo
and William McDonald Riddick, Co-trustees *
Of the Warren Pretlow Riddick Tejas Trust
And the Patricia Swann Riddick Tejas Trust;*
Warren Pre~ow Riddick and Patricia
Swarm Riddick, Co-trustees of the Cynthia *
Riddick Marmolejo Tejas Trust and the
William McDonald Riddick Tejas Trust *
AT LAW NO. 2
NUECES COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 18~" of May, 2000, in the City of Corpus Christi, Nueces County, Texas, the above
styled proceedings in eminent domain came on to be heard before the undersigned, three
disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners
by the Judge of County Court m Law # 2, Nueces County, Texas to assess the damages caused by
these proceedings, and came the Plaintiff City of Corpus Christi, Texas, a municipal corporation
located in Nueces County, Texas, acting herein by and through the said City, and came also the
Defendants, and all parties having announced ready, the Commissioners proceeded to hear the
evidence and arguments of the parties and made the following findings:
I.
That on December 16, 1999, the City of Corpus Christi, Texas, Plaintiff, filed its "Original
Statement and Petition in Condemnation" with the Clerk of Nueces County, Texas, wherein upon
the facts and for the purposes therein stated~ it sought judgment vesting in the City of Corpus Christi
riddick~condcrnn, i I0
EXHIBIT
fee simple title to certain land for construction of Road and Improvements and other municipal
purposes. said land being situated inside the corporate limits of the City of Corpus Christi, Nueces
County, Texas.
II.
That upon consideration of the said written statement so filed by Plaintiff, the Judge of the
Court, did appoint three disinterested freeholders of Nuecas County, Texas, as Speciai
Commissioners to assess the damages caused by the taking of said property.
III.
That the said Special Commissioners did, by written order, designate and appoint the 18th
day of May, 2000, at 9:00 a.m., in the County Courthouse Count)' Court at Law #2, sinted in
Nueces County, Texas, as the date and place for hearing said statement and parties, said date being
the earliest practicable time and such being the county seat of the county in which the property is
situated.
IV.
That thereafter said Special Commissioners duly qualified as such, each taking the oath
proscribed by law, which oaths are on file with the papers of this cause.
V.
That on the 18,h day of May, 2000, said Special Commissioners did convene and the
following named parties did appear in person or by their attorney:
City of Corpus Christi. by and through Joseph Harney Asst. City Attorney of the City of
Corpus Christi, Texas;
riddick\condemn. I I0 2
42
and the Defendants. although duly served, failed to appear/acid in ~e~rgappeared '
through their attorney of record, and announced ready for such heating, and said Special
Cormnissioners proceeded to hear evidence as to the damages which will be sustained by the owners
by reason of the taking of said land.
VII.
The land subject of the lesser taking is as follows:
Land to be taken in fee simple as described and shown on the attached Exhibit A, exclusive
of the oil and gas rights.
VII.
The Special Commissioners find that the City of Corpus Christi, as Condenmor, offered to
pay $145,000 to the property owners before these proceedings began. fiffter hearing and
consideration of all such evidence, said Special Commissioners did find and determine and _
accordingly assess damages to be paid by the City of Corpus Christi according to the rule of
damages set forth in the Texas Property Code, Sections 21.001-21.065, the amount of ~9~-- ]4.,,,~L~J
be paid to the owners.
VIII.
) Dollars for said parcel, to
The accrued costs of this proceeding are hereby adjudged against
Co~-p.,~ Ct,.-,~,/,'
Signed this the
day of
3
· 2000.
SPECIAL COMMISSIONERS
riddick\condemn. I I0
43
APPROVED AS TO FORM:
Joseph~ey [ ~
Assistant City Attorney
Attorney For Plaintiff
Attorney for Deti~ndants
riddick\condcmn. I lO
44
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 17, 2000
AGENDAITEM:
A. Motion authorizing the City Manager or his designee to accept a gram in the amount of $55,038
from the State of Texas, Criminal Justice Division for funding available under the Violence
Against Wolllen Act (VAWA) Fund and to execute all related documents.
B. Ordinance appropriating $55,038 ~'om the State of Texas, Criminal Justice Division in the No.
1050 Federal/State Grants Fund for timdinE available under the Violence Against Women Act
(VAWA) Fund; transferring $5,925 from the No. 6010 Law Enforcement Trust Fund and
appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds.
ISSUE:. The City has been awarded funding from the State of Texas, Crkninal Justice Division,
under the Violence Against Women Act (VAWA) to implement a project with the primary mission
of reducing and preventing violence against women.
BACKGROUND INFORMATION: The Police Department implemented a Family Violence Unit
September 1, 1999 which utiliTes officers and volumeers to contact every family violence victim when
a written report is made by a field oilier or from a walk-h~ to the unit at the Police Department. Both
officers and volunteers etax~ntly contact the victims; hewever a full-time paid employee is needed to
enable officers to devote more time to investigative activities. The grant provides funds for one
victim case manager to enntaet victirm who oRen fear retaliation end violence when the offender is
released following arrest; contact with an advocate (case manager) can provide information
concerning alternatives, available sendoes, and protective orders to avoid continued violence. The
case manager will serve to establish and encourage a working relationship between social agencies
and the Police Department and provide educational opportunilies to the comnmnity through speaking
engagements, public service announcements, distribution of literature, etc.
The long term goal of the grant is to provide victims of domestic violence and other serious crimes
with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate
ntiliT~tion of avaihhle resources, and assist with immediate and long-term safety needs.
FUNDING: The State provides $55,038 and the City $18,346, a 25% required grant match that may
he in-kind or cash contribution, We are utiliTing the volunteer hours liom other agencies such as
Child Protective Services, Police volunteers, etc. to provide $12,421 toward the match, The Law
Enforcement Trust Fund is providing $5,925 to purchase the computer equipment and furniture
(budgeted $118,723 for computers and minor office equipment). The funding is not on a declining
percentage or ending funding cycle with the State approving funding for the first three years. The
grant period begins June 1, 2000.
REQUIRED COUNCIL ACTION: Approval to accept the grant.
RECOMMENDATION:
Staff recommends acceptance of the grant.
Chief of police
46
GEORGE W. BUSH
GOVE/~IOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
MEMORANDUM
TO:
FROM:
SUBTECT:
AUTHORIZED OFFICIALS, CRIMINAL JU TICE DIVISION (CID)
GRANTS
I am pleased to inform you that Governor George W. Bush has approved your application for award. The enclosed Statement of Grant
Award, Approved Budget Summary, and Grantee Acceptance Notice contains information concerning a grant awarded to your agency
by CJD. The financial officer and the pwjeet director designated in your grant application have been informed of the award by
separate letter.
The original Grantee Acceptance Notice enclosed must be signed by the three designated grantee officials and returned to CJD within
45 days of the award date. The Governor's web-site offers a variety of useful links referencing CJD Year 2001 documents such as __
application kits and forms. The site at httv://www.~overnor.state.tx.us/CJ'D also contains documents needed to properly admlniste
CJD grants and is listed below:
Texas Administrative Code (TAC)
Provides description of crimiial justice grant programs, the funding cycle, and tips for grantees
Useful links to federal and state agency Web home pages
Relevant federal and state initiative sites
Office of Justice Programs (OJP) Financial Guide - applies to all CJD grants, except for Crime Stoppers Assistance Fund,
Safe and Drug-Free Schools and Comm~mifies Fund, and the State Criminal Justice Planning Fund
Uniform Grant Management Standards (UGMS) - administrative guide, applies to all CJD grants
U.S. Department of Education General Administrative Regulations (EDGAR) - applies to Safe and Drag-Free Schools and
Communities grants only
I look forward to working with you to ensure the success of your program. Your dedication in appreciated. Any questions relating to
the admh~istration of ',his grant should be directed to the appropriate staff member iisted below:
Robert Bodisch - Director, Law Enfomement and Texas Narcotics Control Program
> Del Gallardo - Local Law Enforcement Block Grants
>' Dan Glotzer - Criminal Justice (421 Fund)
Glenn Brooks - Director, Justice Programs
> Leticia Pefia Martinez - hvenile Unit
> Nancy Can-ales - Victims Unit
512/463-1806
512/463-4959
512/463-1786
512/463-1944
512/463-1921
512/463-1927
POST OFFICE BOX 12428 AUSTEq, TEXAS 78711 (512) 463-1919 (VOICE)/(512)475-3165 (TDD)
47
Grant Number:
Grant Period:
Years Funded:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
WF-99-15171-01 Grantee: Corpus Chdsti, City of
6/1/00 5/31/01 Title: Viotance Against Women Act
0
WF-Violence Against Women Act (VAWA)
CJD Award: $55,038.00
Grantee Cash Match: $5,925.00
Grantee In Kind Match: $12,421,00
Total Project Cost: $73,384.00
The Govemor's Cdminal Justice Division (CJD) has awarded the above-referenced grant. The approved budget is reflected in the
attached Budget SummaW. This grant is subject to and conditioned upon acceptance of the Govemor's Cdminal Justice Division's rules
in Title I, Part I, Chapter 3, Texas Administrative Cede. Applicable special conditions are dted below. By signing and submitting the
Grantee Acceptance Notice to CjD, the grant officials accept the responsibility for the grant project and certify their agreement to the
conditions of grant funding.
Special Conditions and Requirements:
None.
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
48
AN ORDINANCE
APPROPRIATING $55,038 FROM THE STATE OF TEXAS, OFFICE OF
THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE NO. 1050
FEDERAL/STATE GRANTS FUND FOR FUNDING AVAILABLE UNDER
THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND;
TRANSFERRING $5,925 FROM TIlE NO. 6010 LAW ENFORCEMENT
TRUST FUND AND APPROPRIATING IT IN THE NO. 1050
FEDERAL/STATE GRANTS FUND AS GRANT MATCItING FUNDS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED B'Y THE CITY COUNCIL OF Tile CITY OF CORPUS
CHRISTi, TEXAS:
SECTION !. That $55.038 is appropriated in the No. 1050 Federal/State Grants Fund from
the State of Texas, Office of the Govemor, Criminal Justice Division for funding available under the
Violence Against Women Act (VA~'A) Fund.
SECTION 2. That $5.925 is transferred from the No. 6010 Law Enforcement Trust Fund
and appropriated in the No. 1050 f-ederal/State Grants Fund as grant matching funds.
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:
TIlE CITY OF CORPUS CHRISTI
Armando Cbapa. City Secretary
Samuel ~ Ncal. Jr.. Mayor
LEGAl. FORM APPROVED ]'M~,- c~ ~ 2000; JAMES R BRAY..IR., CITY ATTORNEY
· -~ _a,,~-r_ 7zl~v~
Lisa Aguilar, ~ssistant City Attorney
49
CITY COUNCIL
AGENDA MEMORANDUM
May 25, 2000
AGENDA ITEM: Resolution of the City Council of the City of Corpus Christi
supporting and endorsing the Holly Park Apartments in its application for Year 2000
Low Income Housing Tax Credits through the Texas Department of Housing and
Community Affairs.
ISSUE: Each year, the Texas Department of Housing and Community Affairs issues
requests for applications for low income housing tax credits. Two applications were
submitted from Corpus Christi. In order for the City to go on record as supporting
an application, the city Council must take action.
CONCLUSION AND RECOMMENDATION: Of the two applications submitted, the
Holly Park Apartments contain the largest number of units addressing the needs of
low to moderate income (200 vs. 160 units) In addition, all of the Holly Park
Apartment units are either 2 bedroom or 3 bedroom units (the greatest local need
is for units of 2 and 3 bedroom size). Staff is recommending that the City Council
adopt a resolution supporting and endorsing the Holly Park Apartments Project.
W. Thomas Utter
Assistant City Manager
50
BACKGROUNDINFORMATION
The City of Corpus Christi, through its Community Development Block Grant and
both the Corpus Christi Housing Finance Corporation and the Corpus Christi
Community Improvement Corporation, has long had an extremely aggressive
housing improvement program. Over the years, the program has not only engaged
in housing rehabilitation and single family home buyer assistance, but also in
attempting to increase rental opportunities for persons of low to moderate income.
In 1996, the Corpus Christi Housing Finance Corporation and the Corpus Christi
Community Improvement Corporation established the Corpus Christi Housing
Partnership with the goal of assisting 4,000 units by the end of the Year 2000 (4,000
by 2000). As part of the program, staff has attempted to assist developers of low
income housing tax credit projects who have competed for the credits through the
Texas Department of Housing and Community Affairs application process. Two
projects have already been awarded locally with a current round pending.
In this most recent round, two projects were submitted as follows:
Kimberly Shores Apartments, 6652-6698 blk of S. Staples
Type # NRSF* 50%** 60%***
One bedroom, One bath 36 691 $325 $402
Two bedroom, One bath 24 915 $384 $476
Two bedroom, Two bath 72 924 $384 $476
Three bedroom, Two bath 84 1174 $439 $545
Total: 216 ....
*net rental square feet
**50% of median income
***60% of median income
****Please note that of the 216 units, only 160 are to be set aside for low to moderate income.
Holly Park Apartments, 3210 Holly Road (near the intersection of Holly & Kostoryz)
Type # NRSF* 50%** ,60%***
Two bedroom, Two bath 30
Two bedroom, Two bath 70
Three bedroom, Two bath 72
Three bedroom, Two bath 8__4
Total: 200****
*net rental square feet
**50% of median income
***60% of median income
932 $398
932 $490
1,181 $453
1,181 $559
****Please note that 100% of the 200-unit project is being set aside for low to moderate income.
51
Staff has reviewed both projects and is recommending that Council endorse and
support the Holly Park Apartments. These apartments located near the intersection
of Holly Road and Kostoryz are on property correctly zoned for apartments, are
adjacent to major bus routes and provide a higher number of units for low to
moderate income. The amenities of the two competing applications are
approximately the same. The Holly Park Apartments location is included within the
Airline Holly Kostoryz Neighborhood Preservation and Redevelopment Area which
is a City Council designated development and redevelopmerit area which will provide
the complex's application a higher score.
52
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
SUPPORTING AND ENDORSING HOLLY PARK APARTMENTS IN ITS
APPLICATION FOR YEAR 2000 LOW INCOME HOUSING TAX CREDITS
THROUGH THE TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS.
WHEREAS, each year the Texas Depat unent of Housing and Community Affairs requests
applications for low income housing tax credits;
WHEREAS, the City is deeply concemed about the provision of low income housing in the
city; and
WHEREAS, two applications for low income housing tax credits were submitted to the
Texas Depaxhnent of Housing and Community Affairs from apartments in Corpus Christi; and
WHEREAS, in order for the City to go on record as supporting an application, the Texas
Department of Housing and Community Affairs has requested adoption of a resolution; and
WHEREAS, the City Council has determined that of the two applications submitted that
the Holly Park Apartments contain the largest number of units addressing the needs of low to
moderate income (200 vs. 160 units); and all of the Holly Park Apaxunents units are either 2 or '
bedroom units and the greatest local need is for 2 or 3 bedroom units;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS;
That the City Council of Corpus Christi, Texas hereby supports and endorses the application
of Holly Park Apartments to the Texas Depaxt,nent of Housing and Community Affairs for low
income housing tax credits.
ATTEST:
CITY OF CORPUS CHRISTI
Arrnando Chapa, City Secretary San~uel L. Neal, Jr., Mayor
~ : ~ , '
Legal fo~Zroved May 2~0~R. Bray Jr City Attorney
By: Doyle ~~r Assistant City Attorney
H:kLEG-DIR\VERONICAXDDCUP, TISXMyDOCS~000\ORD2000.100\DDCp, E$00.132
53
CITY COUNCIL
AGENDA MEMORANDUM
DATE: May 17, 2000
AGENDA ITEM: Ordinance relinquishing the easement dghts granted by Houston Natural
Gas Corporation to the City of Corpus Chdsti, as successor in interest thereto, to a
246,044-square foot portion of blanket easement within Lot 1, Oso Farm Tracts; recorded
in Volume A, Page 49, Map Records of Nueces County, Texas; subject to compliance with
the specified conditions and the owner, replatting the property within 180 days at its
expense; and declaring an emergency.
ISSUE: SVD Realty, L.P., has been contracted to sell the tract of land and cannot
conclude the sale with the blanket easement in place. SVD Realty, L.P., must relinquish
said easement within the subject tract of land in order to accommodate the future sale and
development of the property.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Director of Engineering Services
Attachments:
Exhibit A - Additional Background Information
Exhibit B - Site Location Map
h:L,.~gen~ag00~esrnt-cio~osofarm.m
54
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSURE AND BACKGROUND:
George Clower, real estate Broker for SVD Realty, L.P., is requesting that the City of
Corpus Christi relinquish an existing blanket easement on premise as a requisite to selling
the property. SVD Realty, L.P., cannot complete the sale until the blanket easement is
closed. This easement was sold to the City as part of the gas system acquisition. It is
located in Zone AB within the City limits.
On April 30, 1941, W.S. Everhart and wife Rosa W. Everhart gave Houston Natural Gas
Corporation a blanket easement right-of-way for pipeline purposes. The blanket easement
was recorded in Volume 269, Page 260, Deeds of Records of Nueces County, Texas.
Sometime in 1950, Houston Natural Gas Corporation laid a pipeline in the southern portion
of the McArdle Road right-of-way. Houston Natural Gas Corporation then assigned the
blanket easement to the City of Corpus Christi Gas Department. When the City widened
McArdle Road some years back that put the pipeline in the McArdle Road right-of-way.
Therefore, the need for a blanket easement is no longer needed.
All public and franchised utilities were contacted regarding this closure request. None of
the public and private franchised utilities has reported the existence of any utilities in the
blanket easement to be closed. No other utility easements are involved.
Staff recommends payment of the fair market value of $5.126.00 for the 246,044-square
foot area tract limited by the blanket easement. The applicant has been advised of and
concurs with the conditions of this easement closure.
h:~,...~,gen~agO0\esrnt-cfo~osofarm. m
55
S
SITE LOCATION
SCALE: NTS
EASEMENT CLOSURE
BLANKET EASEMENT CLOSURE
OSO FARM TRACT, LOT 1
56
EXHIBIT "A"
AN ORDINANCE
ABANDONING AND VACATING ALL THE EASEMENT RIGHTS
(GRANTED ORIGINALLY TO HOUSTON NATURAL GAS
CORPORATION AND ASSIGNED TO THE CITY OF CORPUS CHRISTI,
AS SUCCESSOR IN INTEREST THERETO) TO A 246,044-SQUARE FOOT
PORTION OF BLANKET EASEMENT WITHIN LOT 1, OSO FARM
TRACTS; RECORDED IN VOLUME A, PAGE 49 OF THE MAP RECORDS
OF NUECES COUNTY, TEXAS; SUBJECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS AND THE OWNER, SVD REALTY, L.P.,
REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE;
AND DECLARING AN EMERGENCY.
WHEREAS, the City, as successor in interest, has been requested to abandon and vacate a
246,044 square foot portion of the easement rights originally granted to Houston Natural Gas
Corporation and assigned to the City of Corpus Christi, as successor in interest thereto, within Lot
1, Oso Farm Tracts, as recorded in Volume A, Page 49, of the map records of Nueces County, Texas.
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said easement rights, subject to the provisions listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City, as successor in interest, abandons and vacates all easement rights
assigned by Houston Natural Gas Corporation to the City of Corpus Christi, as successor in interest
thereto to a 246,044 square foot portion (described in Exhibit A) of a blanket easement, within Lot
1, Oso Farm Tracts, recorded in Volume A, Page 49 of the map records of Nueces County, Texas,
subject to compliance with the specified conditions:
1)
That the Owner, SVD Realty, L.P., pay the fair market value of $5,126.00 for the
246,044-square foot area tract being proposed and limited by the blanket easement.
2)
That the Oxvner, SVD Realty, L.P., must replat its property within 180 days at its
expense: provided however, the City Engineer may extend the time limit for an
additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension.
H :\LI~G-DIR',VERONICA/DDCURTISXMYIX)CSX2000XORD2000 100\DDCORD00.128
57
SECTION 2. That upon written request of the Mayor or five Council members, copy
attache& the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
role as to consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretai'y
Samuel L. Neal, Jr., Mayor
Legal form approved May ;,¢ 2000: James R. Bray Jr., City Attorney.
By: ~
D&D.u~s, Senior Assistant City Attorney
H:\LEG-DIR\VERONICA'DDCURTIS~IYDOCS\2000\ORD2000 100\DDCORD00.123
58
CITY COUNCIL
AGENDA MEMORANDUM
DATE: May22, 2000
AGENDA ITEM: Ordinance closing and abandoning a 3,408-square foot portion of a 10-
foot wide utility easement out of Lot 6, Block 10, Schanen Estates Subdivision; and
requiring PAW Properties, LTD, owners of Lot 6, Block 10, to comply with the specified
conditions and replat the property within 180 days at owner's expense; and declaring an
emergency.
ISSUE: On behalf of PAW Properties, LTD, owners of Lot 6, Urban Engineering is
requesting the easement closure because a previous recorded plat failed to show an
existing building encroachment.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Director of F:n~ineering Sen/ices
Attachments:
Exhibit A - Site Location Map
schanen,rn
60
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSURE AND BACKGROUND:
Lot 6, Block 10, Schanen Estates Unit 1, owned by PAW Properties, LTD, contains
the utility easement proposed for closure along its southem property line. An existing
building encroaches on the utility easement; therefore Urban Engineering, on behalf
of the propery owner, is requesting the easement closure to correct a previous
platted recorded document. The utility easement to be closed is located in Zone B-4
within the city limits of Corpus Christi.
In May, 1995 a plat reflecting Lots 5&6, Block 10, Schanen Estates, was filed for
record showing a ten (10) utility easement along the southern property line. The
easement was granted to the City of Corpus Chdsti, without any indication that a
building existed in the easement. The proposed Closure will correct the record.
All public and franchised utilities were contacted. There were no objections regarding
the proposed easement closure. There are no existing utilities within the easement
being closed.
Staff recommends that payment of the fair market value be waived because Owner
will be dedicating a 15-foot wide utility easement totaling 3,572-square feet to off-set
the 3,408-square foot portion proposed abandonment. The owner has been advised
of and concurs with the conditions of the easement abandonment.
61
SITE LOCATION
SCALE: N.T.S.
HOLLY ROAD
EASEMENT CLOSURE
SCHANEN ESTATES UNIT 1
LoT ~, e>LoCK IO
MAY 21, 2000
URBAN ENGINEERING
62
EXHBIT "A'
JOB NO. 243~4.99.00
AN ORDINANCE
ABANDONING AND VACATING A 3,408-SQUARE FOOT PORTION OF A
10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 6, BLOCK 10,
SCHANEN ESTATES SUBDIVISION; REQUIRING PAW PROPERTIES,
LTD, OWNER OF SAID PROPERTY, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 3,408-square foot portion of a 10-foot wide utility easement out of
Lot 6, Block 10, Schanen Estates Subdivision, as recorded in Volume 57, Page 10, of the Map
Records of Nueces County, Texas, that the Owner, PAW Properties, LTD ("Owner"), wishes to have
abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject
to the provisions listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the 3,408-square foot portion (as shown in the attached Exhibit "A") of
a 10-foot wide utility easement out of Lot 6, Block I0, Schanen Estates Subdivision, as recorded in
Volume 57, Page 10 of the Map Records of Nueces County, Texas, is abandoned and vacated for
public use as a utility easement, subject to Owner's compliance with the following specified
conditions as part of the abandonment and vacation:
1)
City waives payment of the fair market value by Owner for abandoning and vacating
said portion of the lO-foot wide utility easement because the Owner agrees to
dedicate a 15-foot utility easement of equal or greater value as part of the replatting
conditions.
2)
Owner must replat the portion of Schanen Estates Subdivision being abandoned and
vacated within 180 days at Owner's expense; provided however, the City Engineer
may extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the 30th day of May,
2000.
HALEG-DIR\VERONICA\DDCURTIgMYDOCS\2000\ORD2000. 100\DDCORD00, 131
63
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
Legal form approved May 25, 2000: James R. Bray Jr., City Attorney
By: Doyle D. ~enior Assistant City Attomey
H:XLEG-DIR VERON CA',DDCURT S MYD OCS 2000 ORD2000. 100 DDCORD00.131
'1
EASEMENT CLOSURE
SCHANEN ESTATES UNIT I
LOTUS6, BLOCK 10
EXHBIT "A"
MAY 21. 2000
URBAN ENGINEERING
JOB NO. 24384.99.00
-- 65
CITY COUNCIL
AGENDA MEMORANDUM
May 25,2000
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
twenty year lease agreement with the Veterans Band of Corpus Christi, Texas for the
Buddy Lawrence House located at Heritage Park .(Lots 4, 5, and 6, Block 60, Beach
Portion of the City of Corpus Christi, Texas) to be used for operations of the Veterans Band
of Corpus Christi, Texas in consideration of One Hundred and Fifty Dollars ($150) monthly
and interior maintenance of the facility; and providing for publication.
ISSUE: The Hispanic Chamber of Corpus Chdsti was granted a lease for the Buddy
Lawrence House by Council action in June 1998. The Veterans Band of Corpus
Christi, Texas (Veterans Band) was made a part of that lease as a tenant in the
House.
Recently, the Hispanic Chamber of Commerce has found other accommodations.
The Veterans Band has requested that they now be the principal lessee and as
such, staff is bringing forth a lease with the Veterans Band. Any lease of City
property must be approved by the City Council.
CONCLUSION AND RECOMMENDATION: Since the Veterans Band was part of
the original lease of the Buddy Lawrence House through the Hispanic Chamber of
Commerce and now that the Hispanic Chamber of Commerce has found other
accommodations, we are recommending that a new lease agreement be executed
solely with the Veterans Band.
W. Thomas Utter
Assistant City Manager
66
BACKGROUNDINFORMATION
The Buddy Lawrence House is a historic structure that was donated to the City of
Corpus Christi by the Javelina Company for relocation to the Heritage park area.
Funds for the move and the rehabilitation of the structure came from the CDBG
Program under Historic Preservation. The house has been moved to Heritage Park
and the plans and specifications have been completed.
The Hispanic Chamber of Commerce has found other accommodations in the Wells
Fargo building on the Bluff. Since the original lease of the structure in June 1998
was to the Hispanic Chamber of Commerce with the Veterans Band as an additional
tenant, the Veterans Band has now requested that they be placed as the principal
lessee. We have prepared a new lease agreement with the Veterans Band, a copy
of which is attached. The Veterans Band provides music and concerts for a great
many City activities plus it carries the Corpus Christi name to many other cities as
they march in various parades.
A number of years ago, the City Council directed staff to look for opportunities to
provide a location for the Veterans Band in the Heritage Park area. The Buddy
Lawrence House is the fulfillment of that early commitment. We are recommending
a lease with the Veterans Band similar in nature to the leases on the other historic
homes within Heritage Park. A rendering of the house as it will be restored is
attached as Exhibit 2.
67
Exhibit 1
Veterans Band of Corpus Christi, Texas
Lease Agreement for the Buddy Lawrence House
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi, Texas, ("City" is the owner of real property
known as the Buddy Lawrence House, located on Lots 4, 5, and 6, Block 60, Beach
Portion of the City of Corpus Christi, Texas, as recorded in Volume A, pages 2 and 3,
Map Records of Nueces County, Texas, together with all improvements thereon
("Property"); and
WHEREAS, the City of Corpus Christi leased the Buddy Lawrence House to the
Hispanic Chamber of Commerce by Ordinance #023341 on June 16, 1998, and
WHEREAS, that certain lease to the Hispanic Chamber of Commerce specifically
acknowledged that the Veterans Band was also to be a tenant in the structure, and
WHEREAS, the Hispanic Chamber of Commerce has now found other
accommodations and is supportive of the Veterans Band assuming their lease, and
WHEREAS, the Veterans Band of Corpus Christi, Texas, a nonprofit corporation
organized under the laws of the State of Texas, ("Lessee") desires to lease the
Property.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
herein contained, City and Lessee agree as follows:
1. USE
City does hereby lease, let, and demise to Lessee the Property, together with all
improvements located thereon. Lessee shall operate the Facilities and the Property
exclusively for the following purposes, and uses incidental thereto: The operation of the
Veterans Band including offices, rehearsal areas, and a history exhibit and souvenir
sales. Such activities shall be conducted on a regular, continuous basis, and facilities
constructed on the Property shall be operated during regular, reasonable business
hours with the understanding that the City wishes to have as much activity in the area
as possible throughout the week including weekends.
Lessee agrees to operate the Property in a manner consistent with the use plan
presented to City. Any other uses of the Property by Lessee shall be prohibited without
prior written approval of the City Manager or his designee "City Manager". The term
"Facilities" shall collectively include the Property and any improvements thereon or
which may be constructed thereon in the future.
1
68
2. RENT
Lessee will pay monthly rental payments of one hundred and fifty (150) dollars on
or before the fifth day of each month and will pay all utilities used at the ProperW.
3. TERMS AND HOURS OF OPERATIONS
The term of this Lease shall begin the later of sixty (60) days after final council
approval of this Lease or the date of mutual execution of a Termination Agreement
between the City of Corpus Christi and the Corpus Christi Hispanic Chamber of
Commerce canceling a lease for the premises described herein authorized by the City
Council of the City of Corpus Christi, Ordinance number 023341; and continue for
twenty (20) years, subject to the provisions conceming termination as stated herein.
Lessee shall post a sign outside the structure detailing their normal hours.
4. IMPROVEMENTS, CONSTRUCTION AND RESTORATION
City shall restore the Buddy Lawrence House to the plans attached as Exhibit 1
and made a part hereto.
City shall have sole and full responsibility for advertising for bids, supervising
construction and accepting the improvements when completed.
It is understood that City does not assume and will not in any way be responsible
for financial obligations incurred or created by Lessee in connection with the
construction of any new additional improvements. Lessee agrees that it will not
undertake any modifications of the structure without written consent from City. Lessee
agrees to save and hold City harmless from any and all charges, claims or liability of
any nature whatsoever as provided below.
It is agreed and understood that Lessee will be responsible for furnishing and
equipping the Facilities. All personal property furnished by the Lessee or donated by
others in behalf of Lessee will remain the property of Lessee unless specifically donated
to City.
5. SUBLETrING OR ASSIGNMENT
Lessee shall not assign this Lease nor sublet the Property or any part thereof
without the prior wdtten consent of the City. The consent of the City shall not be
unreasonably withheld. This restriction does not include renting all or part of the
Property for a period of less than one (1) week.
6. MAINTENANCE
During the term of this Lease, Lessee will maintain, at its sole expense, the
interior of the Facilities and any other Improvements on the Property, including without
limitation all fixtures connected therewith, and all personal property thereon. The City
will maintain the exterior structure and provide all lawn, vegetation and landscaping
BDM/00/2730.07 2
69
Maintenance. Maintenance shall be of such quality as to maintain the Facilities in a first-
class condition. Lessee shall obtain, at its own expense, all utility services, garbage
collection, janitorial services, and similar services.
7. INDEMNIFICATION
Lessee agrees that it will indemnify the City of Corpus Christi and hold City of
Corpus Chdsti harmless of, from, and against all claims, demands, actions, damages,
losses, costs, liabilities, expenses, and judgments recovered from or asserted against
City of Corpus Christi on account of injury or damage to person or property to the extent
any such damage or injury may be incident to, adse out of, or be caused, either
proximately or remotely, wholly or in part, by an act or omission, negligence or
misconduct on the part of Lessee or any of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees entedng upon the Facilities pursuant to this
Lease or when any such injury or damage is the result, proximate or remote, of the
violation by, Lessee, or any of its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or governmental order of any kind,
or when any such injury or damage may in any other way arise from or out of the use,
operation, or occupancy of the Facilities or the Facilities themselves by Lessee, its
agents, servants, employees, contractors, patrons, guests, licensees, or invitees,
including without limitation, any damages or costs which may occur as a result of the
design of the Improvements to the Facilities, failure of the Improvements to the Facilities
to work as designed, failure of Lessee to maintain the Improvements to the Facilities, or
the failure of the Facilities themselves.
These terms of indemnification shall be effective upon the date of execution of
this agreement and whether such injury or damage may result frc. m the sole negligence,
contributory negligence, or concurrent negligence of Indemnities, but not if such
damage or injury may result from gross negligence or willful misconduct of Indemnities.
Lessee covenants and agrees that, in case the City of Corpus Christi shall be
made a party to any litigation against Lessee or in any litigation commenced by any
party other than Lessee relating to this Agreement and the Improvements to the
Facilities contemplated hereunder, Lessee shall and will pay all costs and expenses,
including reasonable attorneys fees and court costs incurred by or imposed upon the
City of Corpus Christi by virtue of any such litigation.
8. COMPLIANCE WITH LAWS
Lessee agrees that, in the operation of the Facilities and all programs offered by
Lessee at the Facilities, Lessee will promptly comply with and fulfill all laws, ordinances,
regulations ancl codes of federal, state, county, City and other governmental agencies
applicable to the Facilities and all programs offered by Lessee at the Facilities, and that
Lessee will promptly comply with all ordinances or regulations imposed by the City for
the correction, prevention and abatement of nuisances or code violations in or
connected with the Facilities during the term of this Lease, at Lessee s sole expense
and cost.
9. BREACH OF LEASE
BDP, I/O0~?30,07 3
70
No assent, express or implied, by the City to any breach of any of Lessee s
covenants, agreements, conditions or terms hereof shall be deemed or taken to be a
waiver of any succeeding breach of any covenant, agreement, condition or term hereof.
10. RIGHT TO ENTER AND INSPECT
The City Manager reserves the dght to enter the Facilities at any reasonable time
during the term of this Lease for the purpose of inspecting the same in order to
determine whether the terms and conditions of this Lease are being observed and
carried out, including but not limited to, both exterior and interior maintenance.
11. INSURANCE
Lessee shall have in force throughout the term of this Agreement comprehensive
general liability insurance coverage with a personal injury endorsement in the minimum
amount of $1,000,000 as aggregate liability and $100,000 for property damage or
$500,000 per persoNS 1,000,000 per occurrence and $100,000 for property damage.
The comprehensive general liability shall include a Contractual Liability endorsement.
Said insurance policy shall name the City as an additional insured. A certificate to that
effect will be provided to the City Manager at least ten (10) days prior to start of
rehabilitation.
Lessee shall have in force throughout the term of this Agreement fire and
extended coverage insurance in an amount sufficient to cover the replacement cost of
the Facilities. Said insurance policy shall name the City as loss payee using a standard
loss payee clause. A certificate to that effect will be provided to the City Manager at
least ten (10) days prior to start of rehabilitation.
If Lessee constructs any Improvements to the Facilities, then for such period of
construction Lessee shall, at Lessee s sole cost and expense, carry and maintain, or
cause to be carried and maintained, in full force and effect Builder s completed value
risk insurance against "all risks of physical loss," and including collapse and transit
coverage, in the full value of the Improvements.
Lessee shall require its insurance policies to provide that the City Manager of the
City of Corpus Christi shall be given thirty (30) days advance notice by the insurer prior
to cancellation, non-renewal, or material change of the insurance policies mentioned
above. The insurer shall be subject to approval by the City. Failure to maintain such
insurance will be cause for the City to take control of the Facilities and will cancel any
claim that Lessee may have to the use of the Facilities. Lessee shall provide City with
certificates of insurance reflecting all the above coverages, and shall, upon request of
City, promptly provide City with copies of all such insurance policies.
Right to re-evaluation and adjust limits. The City Manager retains the right to re-
evaluate the insurance requirements and adjust the limits upon thirty (30) days written
notice. Insurance limits shall be adjusted no more frequently than once a year.
12. DEFAULTS
BDM/00/2730.07 4
71
Upon thirty days prior written notice to Lessee, the City may, at its option, in
addition to any other remedy or right hereunder or by law, terminate this Lease upon
occurrence of any of the following conditions (Defaults), provided that Lessee has not
cured the Default prior to termination:
A. Failure to operate the Facilities for the purposes set forth in Section 3 except
during the periods necessary for repairs or renovation approved by the City in
wdting or except as otherwise contemplated by this Lease.
B. Failure to maintain Facilities and Improvements thereto, including parking lot and
grounds.
C. Intentional, knowing or fraudulent failure to maintain strict and accurate books of
account, or failure to furnish said books of account to the City Manager and/or
HUD for inspection.
D. Failure to abate any nuisance specified in writing by the City Manager within a
reasonable time specified in writing by the City Manager.
E. Failure to comply with any term of this Lease.
F. Failure to have in effect policies of general liability insurance, workers
compensation insurance, and property insurance as required by this Lease.
G. Abandonment of the Facilities for thirty (30) days.
H. Failure of Lessee to correct any other breach in the performance or observance
of any other covenant or condition of this Lease.
Upon termination of this Lease as herein above provided, or pursuant to statute,
or by summary proceedings or otherwise, the City may enter forthwith and resume
possession either by summary proceedings, or by action at law or in equity or by force
or otherwise, as the City may determine, without being liable in trespass or for any
damages. The foregoing dghts and remedies given to the City are, and shall be deemed
to be, cumulative of any other rights of the City under law, and the exercise of one shall
not be deemed to be an election, and the failure of the City at any time to exercise any
right or remedy shall not be deemed to operate as a waiver of its right to exercise such
right or remedy at any other or future time.
Notwithstanding any other provisions hereof should Lessee breach any section
or provision of this Lease including without limitation the failure to pay taxes,
assessments and other government charges, said breach shall be in accordance with
Section 12 herein. If repayment is required as a remedy, other remedies may be
pursued as deemed necessary if repayment is not made, City shall be entitled to its
reasonable attorneys fees in any court action arising out of this Lease.
13. MODIFICATION
Modifications to this Lease shall not be effective unless signed by a duly
authorized representative of all parties hereto. Modifications which do not change the
essential scope and purpose of the Lease may be approved on behalf of the City by the
City Manager.
BD~,I/00/2730.07 5
72
14. PUBLICATION AND RECORDING
Lessee agrees to pay the costs of newspaper publication of this Lease and
related Ordinance as required by the City Charter and the recording of same in the
Deed Records of Nueces County, Texas,
15. TERMINATION NOTICE
Lessee acknowledges and understands that if it is unable to carry out the terms
of this Lease Agreement, this Lease Agreement is null and void. Lessee agrees to
execute a Termination Agreement setting out the reasons for the termination, the
effective date of termination, and in the case of partial termination, the portion of the
Lease Agreement to be terminated. Either party may terminate this Lease Agreement
as of the last day of any month upon thirty. (30) days pdor written notice containing the
same information as required in the above described Termination Agreement to the
other party. Notice shall be given as set out in Section 16.
16. NOTICES
All notices required or allowed under the Lease must be either:
2.
3.
4.
hand-delivered;
mailed by certified mail;
faxes; or
sent by overnight mail.
If hand-delivered or faxed, the notice will be deemed received on the day
delivered or faxed. If the notice is sent overnight mail, the notice will be deemed
received on the next business day after it was sent. If the notice is mailed by certified
mail, the notice will be deemed received on the third business day after it was mailed.
Notice must be sent as follows:
If to Lessor:
Director of Parks and Recreation
City of Corpus Chdsti
P.O. Box 9277
Corpus Christi, Texas 78469-9277
If to Lessee:
Veterans Band of Corpus Christi, Texas
Ram Chavez, Director
1642 Sandlewood
Corpus Chfisti, Texas 78412
17. LANDLORD/TENANT
It is agreed and understood that the parties intend and do hereby create a
landlord/tenant relationship, and this Lease Agreement must be construed conclusively
in favor of that relationship. Nothing herein will be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and
agreed that no provision contained herein, nor any of the acts of the parties hereto, will
BDM/00/2730.07 6
73
be deemed to create any relationship between the parties herein other than that of
Landlord and Tenant.
18. SIGNAGE
Lessee must not place, paint or otherwise affix any signs at, or on or about the
Property, or any part thereof, without prior wdtten consent of City Manager. City
Manager may at any time require Lessee to remove, paint or repair the signs allowed. If
Lessee does not remove, paint or repair the said signs within thirty (30) days of demand
therefor in writing, City may fulfill its demands and charge the expense of same to
Lessee. Payment for such work must be made within thirty'(30) days of receipt of said
bill. This paragraph does not apply to temporary signs, in conformity with city codes, on
the Property for two weeks or less.
19. TAXES
Lessee shall pay any ad valorem taxes associated with the Facilities which may
be levied during the term of this Lease or any extension hereof. Lessee shall not
voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges,
or other encumbrances against the Facilities. Lessee shall from time to time, duly pay
and discharge or cause to be discharged or to be paid, when the same becomes due,
all taxes, assessments, and other government charges which are lawfully imposed upon
the Facilities and which, if unpaid, may by law, become a lien or encumbrance upon
such Facilities and thereby impair or otherwise adversely affect the holding of such
Facilities for the use set out in this Lease.
20. GENERAL PROVISIONS
A. No Liability. In no event shall the City be liable for any contracts made by or
entered into by Lessee with any other person, firm, corporation, association, or
governmental entity.
B~ Nonassignment. Lessee shall not assign, mortgage, pledge, or transfer this
Agreement or any interest in the Facilities without prior written consent of the
City.
C, Nonexclusive Services. Nothing herein shall be construed as prohibiting Lessee
from entering into contracts with additional parties for the performance of
services similar or identical to those enumerated herein, and nothing heroin shall
BDNI/00/2730.07 74 7
be construed as prohibiting Lessee from receiving compensation therefore from
such additional parties, provided that all other terms of this Lease an fulfilled.
D. Hours of Operation. Facilities shall be operated so as to be open to the general
public during all normal hours of operation.
E. Nondiscrimination. Lessee must not on the grounds of handicap, sex, race, color,
or national origin, discriminate or permit discrimination against any person or
groups of persons in any manner. City hereby reserves the right to take such
action as the United States Government may direct to enforce this covenant.
F. Right to Enter and Inspect. The City reserves the right to enter the Property at
any reasonable time during business hours during this Lease, after reasonable
notice to Lessee, for the purpose of inspecting the same in order to determine
whether the terms of this Lease Agreement an being observed and carried out,
including but not limited to, interior maintenance.
G. Jurisdiction and Validity. If for any reason any section, paragraph, subdivision,
clause phrase, or provision of this Lease shall be held invalid or unconstitutional
by final judgment of court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause phrase, work or provision thereof be
given full force and effect for its purpose. The laws of the State of Texas shall
apply to any dispute arising hereunder. Venue shall lie in Corpus Christi, Nueces
County, Texas, where the Property is located and this Lease was entered into
and shall be performed.
EXECUTED in duplicate originals, this
day of ,2000.
ATTEST:
CITY OF CORUS CHRISTI
Armando Chapa, City Secretary
David R. Garcia, City Manager
Legal form approved ..~r-/~.~; ,2000
James R. Bray, Jr. City Attorney
Bry.,z~ rvl~redith, Assis'~nt City Attorney
BAND
75
ORDINANCE _
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A TWENTY YEAR LEASE AGREEMENT WITH THE
VETERANS BAND OF CORPUS CHRISTI TEXAS FOR THE BUDDY
LAWRENCE HOUSE LOCATED AT HERITAGE PARK (LOTS 4, 5, AND
6, BLOCK 60, BEACH PORTION OF THE CITY OF CORPUS CHRISTI,
TEXAS) TO BE USED FOR OPERATIONS OF THE VETERANS BAND OF
CORPUS CHRISTI TEXAS IN CONSIDERATION OF ONE HUNDRED AND
FIFTY DOLLARS ($150) MONTHLY AND INTERIOR MAINTENANCE OF
THE FACILITY; AND PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or designee, is authorized to execute a twenty year
lease with the Veterans Band of Corpus Christi Texas Ibr the Buddy Lawrence House located at
Heritage Park (Lots 4, 5, and 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to be
used for operations of the Veterans Band of Corpus Cl'ffisti Texas in consideration of One Hundred
and Fifty Dollars ($150) monthly and interior maintenance of the facility. A copy of the lease is on
file with the City Secretary.
SECTION 2. The lease is to begin 60 days after final City Council approval and will end
on the twenty year anniversary thereof.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H :II-EG-DLR\VERONICA\BRYI~BMOF~D. 100,~BMORD00.108
77
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: May 30, 2000)
Case No. 0200-03, Anna IC Moore: A change of zoning from an "A-I" Apartment House District to an
"AB" Professional Off~ce DisUict on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the
southwest comer of Ayers Street and Ocean Drive.
Planning Commission's Recommendation (04/26/00): Denied the "An' District, and in lieu
thereof, approved a Special Permit for medical and professional offices subject to a site plan and five (5)
conditions.
Staffs Recommendation: Denial of the "AB" District.
Requested Council Action: Denial of the "An" District, and in lieu thereof, approval of a Special Permit
for medical and professional offices subject to a site plan and five (5) conditions and adoption of the attached
ordinance.
Purnose of Reauest: To convert the existing single-family residence and apartment into medical offices.
Summary: The applicant has requested a change of zoning from an "A-I" Apartment House District to an "AB"
Professional Office District in order to convert the existing apartment units at the rear of the subject property into
medical offices. The single-family residence fronting Ocean Drive is contemplated to be used as offices. Access to
the parking area of the proposed office would be from the public alley. This subject property is located in the
Southeast Area Development Plan, which discourages conversion of residential uses on Ocean Drive to non-
residential uses. Additionally, it was the objective of prior City Councils to keep the non-residential district from
extending south along Ocean Drive across Ayers Street. In 1977, in response to a rezoning request for a "B-4"
District from Spohn Hospital, City Council reaffirmed their position by rezoning the majority of the hospital tract to
a "B-4" District and retaining an "A-2" Apartment House District along the Ocean Drive frontage. Properties south
of Elizabeth Street along Ocean Drive remain residentially zoned. The intent was to preserve the residential
character of the neighborhood and the Ocean Drive scenic corridor.
There are 82 acres of land zoned an "An' District to the west and northwest of the subject property, which is
developed with a mixture of single-family residences, apartments and some office. Approval of the ~'AB" District
would continue the non-residential zoning along Ocean Drive, which is not consistent with Council's objective. The
approval would also domino down along Ocean Drive. Therefore, approval of the requested "AB" District would
not be appropriate.
The Planning Commission recommended denial of the "An" District, and in lieu thereof, approved a Special Permit
for medical offices subject to a site plan and the following five (5) conditions:
I)
USES: The only uses pertnitted by this Special Permit other than those uses permitted by right in the "A-I"
Apartment House District are medical and professional offices.
2)
BUILDINGS: The existing single-story residential structure facing Ocean Drive must maintain its
residential character and facade. The existing two-story brick building must maintain its residential
character.
3)
SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and
maintained along the south property line, except that the east twenty (20) feet of the fence must not exceed
three (3) feet in height. A distance of not more than five (5) feet may be used to transition the fence from
six (6) feet to three (3) feet.
78
Agenda Memorandum
May 30, 2000
Case No. 0200-O3 (Anna K. Moore)
Page 2
4)
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed downward
and away from the adjacent residentially zoned properties and public rights-of-way to reduce glare.
5)
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Staff recommends denial of the "AB" District.
Aoolicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Prior m the date of this memorandum, twelve (12) notices were mailed to the property owners within
a 200-foot radius, of which three (3) were returned in favor and none were rammed in opposition. The 20% rule is
not in effect. ~
Director of Planning
MG/MS/er
Attachments:
I) Zoning Report Pages 3-11
2) Comments Received Pages I2-13
3) Planning Commission Minutes Pages 14-19
4) Ordinances Pages 20-24
H:\PLN-DIR\ERMA\WORD\AGENDMEM\0200-03AGENDAMEMO.DOC
8O
NOT-E: HOUSE TIE.8 ARE 1',.o FOUNDA.I:ION
, RORNd A. Votl. i Reflected PfoflllJona| Land
BuryeVer. do hm=W ¢MII~ ~al'thll ~ey was maee on
the ground of ~e prope~y s~ hmo~ u~et my
~4~on ana &~lJ~; ~het ~ t$ my kno~a ~a
be~et; thai there are no apparent enoroa~menfs or
81
This property, lies .wi{hin
amen. cling to FIb- tO
within the 100 ~ear Flood Plane;, ....
·
..
) ......
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0200-03
February 16, 2000
J15B
Anna K. Moore
0.45 acre (19,618 square feet
Same as above.
"A- 1" Apartment House District
"AB" Professional Office District
Multiple-family residential.
Convert existing apartment into medical offices.
Bayfrom Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the southwest comer of
Ayers Street and Ocean Drive.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Prohetty:
Purpose of Reouest:
Zoning Change Requested Due
to Notice of Violation: Not applicable.
Adiacent Zoning:
North - "A-2" Apartment House District
South - "A-1" Apartment House District
East - "R-1B" One-family Dwelling District
West - "A-1" Apartment House District and "AB" Professional Office District
Adiacent Land Use:
North - (across Ayers Street) Hospital - Spohn Shoreline Hospital
South - Apartments.
East (across Ocean Drive) Park - Cole Park.
West - Residence guest house and undeveloped land.
82
Zoning Report
Case No. 0200-03 (Anna K. Moore)
Page 2
Number of Residential Units Allowed:
"Aol' - 9 units (21.78 dwelling units per acre)
"AB'- 16 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Medical-Dental office - 34.17 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 2,885 square feet of gross floor area = 99 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Ayers Street - arterial
b) Ocean Drive - arterial
Riaht-of-Wav Design
Current:
a) 60-foot fight-of-way with a 48-foot back-to-back paved section.
b) 100-foot right-of-way with 2, 36-foot back-to-back paved section with a 14-foot median.
Planned:
a) 80-foot right-of-way with a 62-foot back-to-back paved section.
b) Same as above.
1996 Traffic Count (24-hour, weekdav, non-directional):
a) 4,710 vehicles per day.
b) 30.540 vehicles per day.
Zonin~ Historv of Propert,e:
There has been no rezoning activity within the past five (5) years.
Recent Surroundin~ Zoninl~ Cases:
In August 1996, Lots 7 through 11, located on the northwest comer of Elizabeth Street and Ocean
Drive and north of the subject property, were denied a change of zoning to a "B-4" Dislrict, but were
granted an "AB" District with a Special Permit for building with a height of 72 feet. In September
1997, the Special Permit was revised to allow a heliport on top of the building.
83
Zoning Report
Case No. 0200-03 (Anna K. Moore)
Page 3
Zoning Inventory:
The subject property is part of an 8.48-acre tract of land zoned an "A-1" District and predominantly
developed with multiple-family development. There are several single-family residences within this
area as well as several undeveloped lots. The "AB" District to the west consists of a 0.39-acre lot
developed with a guest house. West of the guest house, the "AB" District contains 82.51 acres with
a mixture of office, multiple-family development and single-famil~ residences. An "R-2" District
to the south of the subject property contains 0.60 acre and is developed with multiple-family uses.
North of the subject property are 93.73 acres of land zoned an "A-2" District and 27.87 acres offand
zoned a "B-4" District. Spohn Hospital is located to the north of the subject property (across Ayers
Street). Cole Park is located across Ocean Drive and to the southeast.
Planning Staff Analvsis:
General Characteristics and Backs, round: The applicant has requested a change of zoning
from an "A-I" Apartment House District to an "AB" Professional Office District in order to
convert the existing apartment units at the rear of the subject property into medical offices.
The single-family residence fronting Ocean Drive is contemplated to be used as offices.
Access to the parking area of the proposed office would be from the public alley. This
subject property is located in the Southeast Area Development Plan, which discourages
conversion of residential uses on Ocean Drive to non-residential uses. Additionally, it was
the objective of prior City Councils to keep the non-residential district from extending south
along Ocean Drive across Ayers Street. In 1987, in response to a rezoning request for a
"B-4" District from Spohn Hospital, City Council reaffirmed their position by rezoning the
majority of the hospital tract to a "B-4" District and retaining an "A-2" Apartment House
District along the Ocean Drive frontage. Properties south of Elizabeth Street along Ocean
Drive remain residentially zoned. The intent was to preserve the residential character of the
neighborhood and the Ocean Drive scenic corridor.
There are 82 acres of land zoned an "AB" District to the west and northwest of the subject
property, which is developed with a mixture of single-family residences, apartments and
some office. Approval of the "AB" District would continue the non-residential zoning along
Ocean Drive, which is not consistent with Council's objective. The approval would also
domino down along Ocean Drive. Therefore, approval of the requested "AB" District would
not be appropriate.
Conformity to the Comprehensive Plan and Land Use Comnatibilitv: Overall, the
Comprehensive Plan Elements carmot be supportive of the requested "AB" District. The
Southeast Area Development Plan's adopted future land use map recommends the area to
develop with medium-density multiple-family development. Although the requested "AB"
District permits multiple-family development, it also permits other uses not consistent with
the Plan's adopted future land use map. Policy statement B.6 in the Southeast Area
Development Plan discourages Ocean Drive conversion of residential uses to commercial
uses. Policy statement B. 11 designates Ocean Drive as a scenic corridor.
84
Zoning Report
Case No. 0200-03 (Anna K. Moore)
Page 4
Pros:
a)
Potential Housin~ Density: An "Ao l" District permits a density of 21.78 dwelling units per
acre or 9 units on the subject property. The "AB" District permits a density of 36.30
dwelling units per acre or 16 units on the subject property. The potential increase in density
would add more traffic to Ocean Drive and possibly the alleyway.
Height/Bulk/Setbacks/Etc.: The "A-1" District requires a front yard setback of twenty (20)
feet and a side and rear yard of five (5) feet each for single-family and duplex uses and ten
(10) feet each for the first floor of a multiple-family use plus five (5) feet for each additional
story. An "AB" District requires a front yard setback of twenty (20) feet and a side and rear
yard setback of ten (10) feet each. Both the "A-1" and "AB" District s limit the building
height to 45 feet not to exceed three (3) stories.
Signage: An "A-I" District permits a wall sign with an area of thirty (30) square feet if the
property has a street frontage of less than 100 feet or forty (40) square feet if the property has
a street frontage of more than 100 feet. A freestanding sign may be substituted in lieu of the
wall sign. The "AB" District permits one wall sign not to exceed an area of twenty (20)
square feet. A freestanding sign with a height of fifteen (15) feet may be permitted with
Planning Commission approval in lieu of the wall sign.
Traffic: The subject property has direct access to two (2) arterials, Ayers Street and Ocean
Drive, without having to traverse a residential area. The proposed medical office could
generate approximately 99 daily trip ends as compared to the multiple-family residential,
which could generate approximately 28 daily trip ends. Since the subject property has direct
access to an arterial, the increase in traffic will not adversely impact the adjacent street
system.
Parkin{,/Screenin~: A medical office is required to provide one parking space for each 200
square feet of gross floor area. The proposed conversion to medical offices would require
at least 15 parking spaces. Compliance with the parking regulations will be required before
a certificate of occupancy can be issued. A standard screening fence with a height of not less
than six (6) feet is required when a business of industrial use locates adjacent to a residential
district. A standard screening fence will be required along the south property line.
Costs to City: All of the infrastructure required to serve the needs of the subject property are
in place. There are no costs to the City.
Platting,: The subject property contains a platted lot and further replatting is not required.
(Ideas in support of the request.)
The requested "AB" District would be an expansion of the "AB" District adjacent to the
west.
85
Zoning Report
Case No. 0200-03 (Anna K. Moore)
Page 5
b)
The requested "AB" District would be a buffer between the "B-4" District to the north and
the "R-1B" District to the south.
c)
With direct access to 2 arterials and without having to traverse a residential area, the
requested "AB" District would be a logical location.
Cons: (Ideas in support of maintaining the current zoning.)
Approval of the "AB" District is not consistent with the City's policy of protecting Ocean
Drive as a "scenic" residential corridor.
b) City Council's objective limits the non-residential zoning north of Ayers Street.
Staff Recommendation: Denial.
Planning Commission's Recommendation:
The Planning Commission recommends denial of the "AB" District, and in lieu thereof, approved
a Special Permit for medical offices subject to a site plan and the following five (5) conditions:
1)
USES: The only uses permitted by this Special Permit other than those uses permitted by
fight in the "A-1" Apartment House District are medical and professional offices.
2)
BUILDINGS: The existing single-story residential structure facing Ocean Drive must
maintain its residential character and ~fa~ade. The existing two-story brick building must
maintain its residential character.
3)
SCREENING: A standard screening fence with a height of not less than six (6) feet must
be installed and maintained along the south property line, except that the east twenty (20)
feet of the fence must not exceed three (3) feet in height. A distance of not more than five
(5) feet may be used to transition the fence from six (6) feet to three (3) feet.
4)
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be
directed downward and away from the adjacent residentially zoned properties and public
rights-of-way to reduce glare.
5)
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (I) year of
the date of this ordinance unless the property is being used as outlined in Condition #1 and
in compliance with all other conditions.
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H:\PLN-DIR\ERMA\WORD~ZONRPTS\020003RE.DOC
86
p~C~z NO- Z0200-03 ~
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* ' Propi~rt~ Owner in Favor
- X Property Oxvner Opposed
· . See Comments on Page(s) ~
(See reverse side fo~Tzoningmap legend.)
0 IO0 200
A.- K. MOORE
4 �EL MAR BLVD.
CORPUS CHRISTI, TEXAS 78404
02/01/00 12:33:45
LX LABELS
PROPERTY OWNER REPORT
PAGE
CASE#
TAX ID LEGAL DESCRIPTION
OWNER
ADDRESS 1
ADDRESS 2
CITY
ST ZIP
20200.03
)
0415-0004-0020 BAY PROW TERR LT 2 BK 4
PORTWILL INVESTMENTS INC
ONE SHORELINE PLAZA STE 7
CORPUS CHRISTI
TX 78401
Z
0475-0004-0030 BAY FRONT YEAR LT 3 BK 4
SAME MARTINE
7651 SAN ANGELO DR
CORPUS CHRISTI
TX 78413
3
0475-0004-0040 BAY FRONT TERR LT 4 BK 4
ERWIN WILLIE FLORENCE L
FAVIAN MY WINIMM
1515 OCEAN DR
CORPUS CHRISTI
TX 78401
Li
0475-0004-0050 BAY FRONT TEAR IT 5 BK 4
MOSER MARY GELINEAU
PROPERTIES INC
6832 CHURCHILL
WAY
DALLAS
TX 75230
S
0475-0004-0060 BAY PROW TEAR LT 6 BK 4
SMITH ELPRIEDE GINZEL
1509 OCEAN DR
CORPUS CHRISTI
TX 78404
SUBJECT
SP
0475-0004-0070 BAY PROW
TERR LT 7 AND POR
OF DAVIS J M
C/O LUCILLE D JONES
1216 E BOYNTON
ST
HAMILTON
TX 76531
PPOPERTY
OMIS-dBCf 00 LTS 8 6 9 BK 4
DAVIS J M
C/O LUCILLE D JONES
1316 E BOYN ON
ST
HAMILTON
TX 76531
(.j
0475.0004-8100 BAY FRONT TERR N PT OF LTS
30 SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
�D#Y010 AND 11 BK 4
SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
8#45-O 884-0100 SAY FRONT TERR N ITOFLTS.
10— CHRISTUS-SPORN HEALTH
4YIPPEM-CORP— . -
4QQ-FLZZABCTH
CORPUS CHRISTI
TX 78404
"75.0004.0100 AND 11 BK 4---'----------CNRISTUS
SPORN HEALTH
SYSTEM CORP
600. ELIZABETH.
CORPUS CHRISTI
TX 70404
04750004-0110 BAY FRONT TERR S PT OF ITS
10 SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
—75 nA"0139 AND 11 BE 4
SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
00W
OTS-8884-1130-BAY-PROIT l7:RR-SYI'V}-yy-3g—GNRI6AI6SPDXW-WGi.TH
SYSTEM CORP
600 ELIZABETH
CORPUS CHRISTI
TX 78404
0475.0064.-0110
SYSTEM CORP
600 ELIZABETH
CORPUS CHRISTI
TX 78404
0475-0004-0120 BAY FRONT TERR ITS 12 AND 13
B SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
,#� K 4
SPORN HOSPITAL
600 ELIZABETH
CORPUS CHRISTI
TX 78404
8495 ODA 0120-VAY--FRONT TERR-LTL 2-.AWLI
^ /•Ru.en -EP0NN4CMLOH
SYSTEM CORP
600 ELIZABETH
CORPUS CHRISTI
TX 78404
0475.0004=01201[-9'-----��.��_��---CHR15N6
SPOHN-HBAVPI4
SYSTEM CORP
600 ELIZABETH
CORPUS CHRISTI
TX 78404
-%
0666-0012-0010 BESSAR PARK ELK 12
CITY OF CORPUS CHRISTI
P 0 BOX 9277
3701 AYERS
CORPUS CHRISTI
TX 78469
0666-0084.0�18�#EGSAR-DAAK. n•v
-O#.-COEP715.LNRIGTl--
P 0 BOX 9277
3701 AYERS
CORPUS CHRISTI
TX 78469
O6B6-OO1T=0010�EESM -PARK-ELK •'
QIU.QF CORLU3.19W1{CTF
P 0 BOX 9377
CORPUS CHRISTI
T% 78469
S
2050-0005-0020 DEL MAR LTS 2 AND 3 BE 5
WINNINGER FAVIAN MY
1515 OCEAN OR
CORPUS CHRISTI
TX 78404
8
2050.0005-0040 DEL MAR LT 4 BK 5
HINNINGER FAVIAN MY
1515 OCEAN DR
CORPUS CHRISTI
TX 78404
QUERY REPORT/PLANNING
1
02/01/00 12.33,45 LX LABELS PROPERTY OWNER REPORT
CASE# TAX ID LEGAL DESCRIPTION OWNER ADDRESS 1
20200 03q 2050 0005-0050 DEL MAR LT 5 SK 5 CARTE ELEANOR H P O BOX 331216
'p 3050-0005-0060 DEL MAR LT 6 BE 5 TAYLOR GEORGE KINES P O BOX 6910
5983-0012-0010 OCEAN VIEW ENTIRE BK 12 A AND SPOHN HOSPITAL 600 ELIZABETH
^ JL B EXEMPT SPOHN HOSPITAL 600 ELIZABETH
COUNT 28 1 i_- r. ,:-trw" o z., l(, O: �. TEXAS DEPARTMENT OF TRANSPORTATION
•.. END GP REPORT ••• 1701 S. PADRE ISLAND DR. 78416
0
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
P. 0. DRAWER 110 78403
FRANK D. HANSKINS
OPUS
721 CRESTVIEW 78412
DR. WILLIAM ALLEN
DEL MAR NEIGHBORHOOD ASSN.
3216 REID DR. 78404
QUERY REPORT/PLANNING
ADDRESS 2
PAGE 2
CITY
ST ZIP
CORPUS CHRISTI
T% 78463
CORPUS CHRISTI
TX 78466
CORPUS CHRISTI
TX 78404
CORPUS CHRISTI
TX 78404
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0200-03
Anna K. Moore
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
II.
III.
Notices returned from within the 200-foot notification area:
Favor:
1)
2)
6)
Portwill Investments, Inc., One Shoreline Plaza, Ste. 7
No written comment.
Martine Balme, 7651 San Angelo
No written comment.
Robert E. Butler, Vice-President Property Management
Chrisms Spohn Health System. 600 Elizabeth St.
No written comment.
Andrew M. Harris, Senior Vice-President
Christus Spohn Health System
See attached letter.
ODoosition: None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
ODl~osition: None.
H:\PLN-DIR\ERMA\WORD\COMMDATA\020003CO.DOC
91
~'~CHRISTUS SPOHN
Hospital Shoreline
Ap~ll9,2000
Mr. Miguel Saldana
City Planner
Planning & Zoning Department
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Dear Mr. Saldana:
This letter is to express support for the zoning change from "A- 1"
Apartment House District to "A-B" Professional Office District, located at
1501 Ocean Drive, 511 Ayers Street and 513 Ayers Street.
The request for this zoning change is in response to demands for expansion
of health care to our community.
We pray you look favorably on this request and grant the zoning change. I
will be happy to meet with you to discuss this further if necessary.
Sincerely,
M. Harris, FACILE
Senior Vice President & Administrator
Tel 3~. 881.3000 ·
Planning Commission Minutes
February 16, 2000
Anna IL Moore: 0200-03
"A-I" Apartment House Disn'ict to "AB" Professional Office District on property
described as Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9 located on the
southwest comer of Ayers SWeet and Ocean Drive
Commissioner Underbrink stated that he needed to abstain from participation of the zoning case and left the
room.
Mr. Saidaria presented a slide illustration of the subject property and described the surrounding area. The
area to the north is zoned "A-2" Aparnnant House DisWict and developed with Spolm Shoreline Hospital; the area to
the south is zoned "A-I" Aparnnent House District and developed with aparanents; the area to the east is zoned "R-
IB" One-family Dwelling District and developed with a pa~k - Cole Park; and the area to the west is zoned "A-I"
Aparnnent House District and "AB" Professional Office DisU'ict which is developed with a residence guesthouse
and portions remain undeveloped,
Mr. Saidaria stated that the applicant requested a change of zoning in order to convert the existing
aparnnent units at the rear of the subject property into medical offices. The single-family residence fronting Ocean
Drive will remain as a residential unit and access to the parking area of the proposed office would be from the public
alley. Mr. Saldaria informed the Commission that Engineering Services and Traffic Engineering have advised that
the alley is not designed to accommodate nonresidential traffic.
Mr. Saidaria continued that it is City Council's objective to limit the non-residential district ~om extending
south across Ayers SWeet and continued that Ocean Drive is designated as a "scenic" corridor. The subject pwperty
is located in the Southeast Area Development Plan, which strongly discourages conversion of residential uses on
Ocean Drive to commercial uses. The Southeast Area Development Plan's adopted future land use map
recommends the area to develop with medium-density multiple-family development. Although the requested "AB"
District permits multiple-family development, it also penits other uses not consistent with the Plan's adopted future
land use map. Mr. Saidaria read the Pros and Cons contained in the SiReport (Copy on file) and stated that Staff
recommends denial of the "AB" District.
Commissioner Sween*McGloin opened the public hearing.
Dr. Staven Rush, spouse of the applicant, stated that he was pursuing a private medical practice in Corpus
Christi. Dr. Rush stated that there was "AB" District property to the west adjacent to the subject pwperty. He stated
that the residential structure which fronts on Ocean Drive has not be targeted for canversion and continued that his
intent was to have a private office. The volume of traffic, in Dr. Rush's opinion, was not high. The structure in the
rear, which is the two-story aparunent, would be used to consult with patients and the garage apartment would be
demolished to create an area for a parking lot. Dr. Rush stated that he is a medical surgeon and that there is not a
high volume of traffic associated with his profession. He pointed out that across the alley, there is a parking lot for
Spoim Hospital behind the guesthouse and believes that his proposed plans are comparable to that situation.
In response to Commissioner Mims' question regarding the current residential structure fronting Ocean
Drive, Dr. Rush stated that the residential home would be convened into an adminiswative building which would
contain the billing department of his practice. Dr. Rush continued that patients would not be seen at the residential
facility.
Anna K. Moore, applicant, stated that the parking area would be on the opposite side of the Spohn Hospital
Guesthouse. Ms. Moore stated that the parking for the Spoim Guesthouse extends 175 feet from Ayers SWeet across
Lots 12 and 13 and continued that the parking for the proposed office would be equivalent. Ms. Moore clarified that
the parking for the proposed office would be accessed from the alley. In response to the Commission regarding
access via the alley, Dr. Rush stated that the parking area could be accessed by removing the garage structure on the
subject property.
Dorothy Spann, Sweet Improvements and Zoning Chairman of the Del Mar Subdivision, informed the
Commission that when the Del Mar Association reviewed the Spoim Guesthouse and parking garage and other
Planning CommissionMinutes
February l6,2000
CaseNo. 0200-03 (Anna K. Moore)
Page 2
improvements, there was an appreciation for the Planning Deparnnent seeking to preserve the single-family
atmosphere of the community. After review of the area, it was decided by the Del Mar Association that
commercialization of the Del Mar neighborhood from Ayers Street south be the cutoff for the district. Ms. Sparta
stated that there is a safety concern due to the mount of raffic accessing Ayers Street from Ocean Drive.
Ms. Spann asked the Commission to honor the decision made by the City Council to preserve the Del Mar
neighborhood.
Bill Allen, Presidem of the Del Mar Association, stated that the associntion is opposed to the zoning
change.
Commissioner Sween-McGIoin closed the public hearing.
Commissioner Richter stated that due to the fact that there were not many multi-family districts along
Ocean Drive and the "domino" effect that could occur if rezoning were to occur, she supported Staff's
recommendation. Commissioner Mires concurred and expressed concern with access to the parking lot via an alley.
Commissioner Cheek stated that in his opinion, the subject pmpeny is not a residential sitee, and the use as
proposed by the applicant would be an adequate buffer for the neighborhood. In response to Commissioner Cheek's
question regarding issuance of a Special Permit, Mr. Gunning stated that a Special Permit would not provide the
applicant with adequate signage for his business.
Motion by Berlanga, seconded by Kelly, to reopen the public hearing. Motion passed unanimously with
Underbrink abstaining and Guzm~n and Noyola being absent.
Dr. Rush, 409 Del Mar, reiterated his position to use the residential structure fronting Ocean Drive for his
billing department. He stated that he would not remove the brick aparlment building to the rear. There are two
driveways to the property, one via the alley. Commissioner Sween-McGloin explained Special Permit conditions
and their uses and asked Dr. Rush if he would be in opposition to an issuance of a Special PenniL Dr. Rush
answered in the negative. In response to Commissioner Kelly's question regarding necessary signage, Ms. Moore
stated that a sign with measm'ements of approximately 17" x 11" would be needed.
In response to Commissioner Bertanga's question regarding the current use of the residential home, Ms.
Moore answered that the home is being used as an adminiswative office. Ms. Moore stated that in order to maintain
the residence as a home, in her opinion, walls and fences would need to be erected along Ocean Drive due to the
Waffic noise.
Dorothy Spann, 502 Del Mar, requested that the Commission table the zoning case for two weeks to allow
for further study and give the applicants an opportunity to meet with the Del Mar Association. In response to
Commissioner Sween-McGloin's question regarding a Special Permit, Ms. Spann answered that the Southeast Area
Development Plan was developed using Ayeis Street as a beer. Ms. Spann continued that the Plan was approved
by City Council.
Public hearing was closed.
In response to Commissioner Kelly's question regarding ceasing the development of "AB" Districts
throughout the neighborhood, Mr. Gunning stated that there were parcels of land with "AB" District zoning;
however, after the development of the Southeast Area Development Plan, it was decided that there would be no
further development of the "AB" District south of Ayeis Sixeat. Mr. Gunning stated that the Ocean Drive scenic
corridor needed to be preserved, With regard to the current use of the residential stn~cture on the subject property,
Mr. Gunning stated that it was in violation of the zoning ordinance.
Motion by Cheek, seconded by Richter, to table the zoning case for two weeks. Motion passed
unanimously with Underbrink abstaining and Guzmin and Noyola being absent.
94
Planning Commission Minutes
March 1, 2000
Anna FL Moore: 0200-03
REQUEST:
"A-t" Aparunent House District to "AB" Professional Office District on Bayfront
Terrace, Block 4, Lot 7 and portion of Lots 8 and 9 and located on the southwest comer
of Ayers Street and Ocean Drive
Commissioner Underbrink stated that he needed to abstain from participation on the zoning case and lef~
the room.
Mr. Saidaria stated that the applicant requested that the case be continued for an additional two weeks to the
March 15, 2000 meeting to allow an opportunity for the applicant to meet with the Del Mar Neighborhood
Association. Staff recommends continuance.
Motion by Richter, seconded by Berlanga, to approve Staff's recommendation. Motion passed
unanimously with Underbrink abstaining and Cheek, Mims, and Sween-McGIoin being absent.
95
Planning Commission Minutes
April 26, 2000
Anna K. Moore: 0200-03
REQUEST:
"A-I" Aparlrnent House District to "AB" Professional Office District on Bayfront Terrace, Block
4, Lot 7 and portion of Lots 8 and 9. This property is located on the southwest comer of Ayers
Street and Ocean Drive
Commissioner Underbrink stated that he needed to abst~fm from participation of the zoning case and left the
room.
Mr. Saidaria stated that the zoning case had been continued to allow the property owners and the Del Mar
Homeowners Association an opportunity to discuss alternatives to rezoning the subject property.
Mr. Saidaria presented a slide illustration of the subject property and the surrounding areas. The area to the
north is zoned "A-2" Apartment House District and developed with a hospital; the area to the south is zoned "A-I"
Apartment House District and developed with apartments; the area to the "R-1B" One-family Dwelling District and
developed with a park; and the area to the west of zoned "A-I" Apartment House District and "AB' Professional
Office District and developed with residence guest house and portions rema'm undeveloped land.
Mr. Saidaria stated that the applicant seeks a change of zoning in order to convert the existing apartment
units at the rear of the subject property into medical offices. After a field inspection of the area and alley, Traffic
Engineering has stated that access to the alley from the subject property will be allowed. However, Mr. Saidaria
stated that Staff recommends denial.
The applicant was in agreement with a Special Permit which stated that the conditions are as follows:
1)
Uses: The only uses permitted by this Special Permit other than those uses permitted by right in the "A-I"
Apartment House District are medical and professional office.
2)
3)
Buildings: The existing single-story residential structure facing Ocean Drive must maintain its residential
character and facade. The existing two-stow brick building must maintain its residential character.
Screening: A standard screening fence with a height of not less than six (6) feet must be installed and
maintained along the south property line, except that the east twenty (20) feet of the fence must not exceed
three (3) feet in height. A distance of not more than five (5) feet may be used to transition the fence from
six (6) feet to three (3) feet.
4)
Li~htin.o: All exterior lighting must be directional and shielded. Lighting must be directed downward and
away from the adjacent residentially zoned properties and public rights-of-way to reduce glare.
5)
Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Chairman Gttzm~n opened the public hearing.
Hal George, 800 N. Shoreline, attorney representing the applicant, presented the Commission with site
plans of the subject property proposal. Mr. George stated that the applicants met with members of the Del Mar
Association; however he did not meet with the full association. He continued that he had not received feedback
regarding the zoning change request. He continued that the proposed use would not impact the surrounding area of
the property due to the high intense traffic use at the intemection of Ayers Street and Ocean Drive. Mr. George
stated that he spoke with Traffic Engineering representatives who stated that there were 29,000 vehicles counted at
the intersection. He stated that he believed that the traffic count is too high for a residential area. With regard to the
Special Permit. Mr. George stated that his clients were in favor of the Special Permit.
96
/q
Planning Commission Minutes
April 26, 2000
Case No. 0200-03 (Anna K. Moore)
Page 2
Dorothy Spann, 502 Del Mar, stated that there were several businesses that would soon be established in
the Six Points area and the Del Mar area. Ms. Spann stated that the Del Mar Association was not opposed to
development in the area, but wanted to maintain the continuity of the neighborhood. According to a City Council
direction, the area south of Ayers Street is to be maintained as a residential area. She stated that several million
dollars have been spent to bring the neighborhood to the current status and asked the Commission not to grant the
rezoning request. Ms. Spann also stated that she is not in favor of a Special Permit.
William Allen, 126 Atlantic, stated that there were several office buildings in the neighborhood that are
properly zoned which would allow Mr. Rush, the applicant, adequate office space. Mr. Alien continued that he
wanted to keep the neighborhood as it currently is.
Dr. Rush, 409 Del Mar, stated that he agreed with the Special Permit as an alternative use for rezoning the
subject property. Dr. Rush stated that traffic and parking had been an issue previously and that he made an effort to
meet with the Del Mar Association to discuss issues and concerns. In response to Mr. Allen's comments regarding
other areas to establish an office, Dr. Rush stated that as a resident of Del Mar subdivision, he considered the area a
nicer area to establish an office.
[n response to Chairman Guzmfin's question regarding the facade of the existing structures, Dr. Rush stated
that he did not plan to change the facade of the structures; however, he planned to remove the structure that is
currently a garage,
Public hearing was closed.
Mr. Saidaria suggested that changes be made to the Special Permit conditions regarding Buildings. He
proposed that the second condition read as follows:
2)
Buildings: The existing single-story residential structure facing Ocean Drive must maintain it residential
character, faC:ade, and footprint. The existing two-story brick building must maintain its residential
character, brick facade, and footprint.
At~er allowing Ms. Spann an opportunity to review the proposed Special Permit, she agreed to support the
Special Permit use.
Commissioner Berlanga stated that he believed that granting the Special Permit would create a "domino
effect" in the neighborhood. In response. Mr. Gunning stated that a Special Permit is granted in lieu of granting
rezoning of the property which could create a "domino effect".
Motion by Cheek, seconded by Kelly, to deny the "AB" Professional Office District and in lieu approve a
Special Permit with the following conditions:
l)
Uses: The only uses permitted by this Special Permit other than those uses permitted by right in the "A-I"
Apartment House District are medical and professional office.
2)
Buildin.~s: The existing single-story residential structure facing Ocean Drive must maintain its residential
character, facade. and footprint. The existing two-story brick building must maintain its residential
character, brick fac;ade and footprint.
3)
Screenine;: A standard screening fence with a height of not less than six (6) feet must be installed and
maintained along the south property. line, except that the east twenty (20) feet of the fence must not exceed
three (3) feet in height. A distance of not more than five (5) feet may be used to transition the fence from
six (6) feet to three (3) feet.
4)
Lighting: All exterior lighting must be directional and shielded. Lighting must be directed downward and
away from the adjacent residentially zoned properties and public rights-of-way to reduce glare.
97
Planning Commission Minutes
April 26, 2000
Case No. 0200-03 (Anna K. Moore)
Page 3
5)
Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Motion passed with Cheek, Kelly, Richmr, Sween-McGloin, Noyola, and Gumfin voting "Aye"; Berlanga
and Mims voting "Nay"; and Underbrink abstaining.
98
AN ORDINANCE
PLANNING
COMMISSION 'S
RECOMMENDATION
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANNA
K. MOORE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT
7 AND PORTIONS OF LOTS 8 AND 9, BLOCK 4, BAYFRONT TERRACE,
FROM "A-I" APARTMENT HOUSE DISTRICT TO "A-I" APARTMENT
HOUSE DISTRICT WITH A SPECIAL PERMIT FOR MEDICAL AND
PROFESSIONAL OFFICES, SUBJECT TO A SITE PLAN AND FIVE (5)
CONDITIONS ON SAID PROPERTY; 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 Anna K. Moore 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 26, 2000, during a meeting of the Planning Commission, and on Tuesday, May 30,
2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, dudng which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that the following 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 Chdsti, Texas, is
amended by changing the zoning map in reference to lot 7 and portions of lots 8 and 9,
block 4, Bayfront Terrace, from "A-1" apartment house distdct to "A-'I" apartment house
district with a Special Permit for medical and professional offices, subject to a site plan
and five (5) conditions on said property and said Special Permit is granted for said
property, located on the southwest comer of Ayers Street and Ocean Ddve.
SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject
to a site plan, attached as Exhibit A, and the following five (5) conditions:
1. ALLOWED USES: The only uses permitted by this Special Permit other than
those uses permitted by right in the "A-1" Apartment House Distdct are medical
and professional offices.
H:~,EG-DIR\VERONICA~DDCURTIS~MYDOCS~000'~P&ZORD00~DOYLEC'~,020003A.DOC
99
2
2. BUILDINGS: The existing single-story residential structure facing Ocean
Ddve must maintain its residential character and fa~;ade. The existing two-story
brick building must maintain its residential character.
3. SCREENING: A standard screening fence with a height of not less than six
(6) feet must be installed and maintained along the south property line, except
that the east twenty (20) feet of the fence must not exceed three (3) feet in
height. A distance of not more than five (5) feet may be used to transition the
fence from six (6) feet to three (3) feet. ' -
4. LIGHTING: All exterior lighting must be directional and shielded, Lighting
must be directed downward and away from the adjacent residentially zoned
properties and public rights-of-way to reduce glare.
5. TIME LIMIT: This Special Permit expires one (1) year from the date of this
ordinance unless the property is being used for the purpose outlined in Condition
I and all other conditions have been complied with.
SECTION 3. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Sections land 2
of this ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) 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 30th day of May, 2000.
H:~.EG-DIR~VERONICA~DDCURT1S~/IYDOCS~.000~P&ZORD00~DOyLEC~Z020003A.DOC
100
Z/
/~o/
NOT-E; HOUSE TIE8 ARE TO FOUNDATION
I, Run,-,~ A. Volta, · Re~m~.eted Pro~emmJonm~ Land
Surveyor, ao hem~V oMtl~ ~me ~lm mu~ey warn mm.e on
~e ~und of ~ proe~y m~ hMeon u~er my
~r~on ~ s~ml~; t~mt ~ It my kno~Oe ~d
bauer; that there are no a~perent en~roe~menlm or
101
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
ANNA K. MOORE, BY CHANGING THE ZONING MAP IN REFERENCE
TO LOT 7 AND PORTIONS OF LOTS 8 AND 9, BLOCK 4, BAYFRONT
TERRACE, FROM "A-t" APARTMENT HOUSE DISTRICT TO "AB"
PROFESSIONAL OFFICE 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 Anna K Moore, 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,
April 26, 2000, during a meeting of the Planning Commission, and on Tuesday, May 30,
2000, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is
amended by changing the zoning of Lot 7 and portions of Lots 8 and 9, Block 4,
Bayfront Terrace, located on the southwest comer of Ayers Street and Ocean Drive,
from "A-1" Apartment House District to "AB" Professional Office District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:~J.,EG-DIR~VERONI CA~DDCURTISWIYDOCSt2000~P&7_I(~00~DOyLEC~,020003B. DOC
2
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, 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 30th day of May, 2000.
ATTEST:
THE CITY OF CORPUS CHRIST!
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Chdsti
APPROVED May 22, 2000
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103
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: May 30, 2000)
Case No. 0400-03, William R. Janelie: A change of zoning from an "R-IB" One-family Dwelling
District to a "B-4" General Business District on Windsor Park Unit 4, Block 23, Lot 9, located on the southwest
comer of Bumey and Lansdown Drives.
P!annin~ Commission and Staffs Recommendation (04/26/06): Denied the "B-4" District. and
in Iieu thereof, approved an "AB" Professional Office District with a "SF' Special Permit for a dental lab subject
to three (3) conditions.
Requested Council Action: Denial of the "B-4" District, and in lieu thereof, approval of an "AB"
Professional Office District with a "SP" Special Permit for a dental lab subject to three (3) conditions and
adoption of the attached ordinance.
PurnoseofReqaest: For full service dental laboratory.
Summary: The applicant has requested a change of zoning from a "R-IB' One-family Dwelling District to a
"B-4" General Business District in order to convert an existing single-family residence to a dental lab. Dental
labs produce such items as dentures, deotal bridges, and crowns as requested by a dentist. Dental lab products
are either delivered to dentists, picked-up by the dentist, or shipped by mail. Dental labs do not generate walk-in
traffic. There is an auto dealership parking lot/vehicle staging area to the west and a single-family residence to
the south. Across Burney Drive to the north is an auto sales lot and across Lansdown Drive to the east is a child
care center. The subject property has frontage along Lansdown Drive, a residential street, and Bumey Drive, a
local street. Lansdown Drive serves a residential neighborhood and Bumey Drive serves a commercial area.
The subject property's only vehicular access is to Bumey Drive, which is across from an auto sales lot. The
proposed use will have minimal adverse impact on the adjacent residential uses given its commercial street
access.
The expansion of the "B-4" District on the subject property would be inappropriate because uses such as bars,
nightclubs, auto sales and repair are not compatible with the adjacent residential properties. A non-residential
district that would transition from the intense commercial zoning on the north and the residential district to the south
would be more appropriate. An "AB" District would permit low-intensity office uses. The subject property would
be the furthest extension of the nonresidential zoning due to its access to a commercial street. The adjacent lots to
the south only have access to a residential street.
The Planning Commission and Staff recommend deniaI of the "B-4' District, and in lieu thereof, approval of an
"AB' ProfessionaI Office District with a "SP' Special Permit for a dental lab subject to the following three (3)
conditions:
i)
USES: The only use authorized by this Special Permit other than those uses permitted by right in the "AB"
Professional Office District is a dental laboratory.
2) ACCESS: Vehicular access for the subject property shall be limited to Bumey Drive.
3)
TIME LIMIT: This Special Permit expires one (I) year from the date of this ordinance unless the property,
is being used for the purpose outlined in Condition I and alI other conditions have been complied with.
104
Agenda Memorandum
May 30, 2000
Case No. 0400-03 (William R. Janetle)
Page 2
Annlicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Prior to the date of this memorandum, twelve (12) notices were mailed to the property owners within
a 200-foot radius, of which none were returned in opposition. The 20% rule is not in effect.
Michael N. Gunning, AICP
Director of planning
MG/MS/er
Attachments:
1 ) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinances
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Pages 3-10
Page I1
Page 12
Pages 13-16
105
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearinl~ Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0400-03
April 26, 2000
91-5
William R. Janelle
Windsor Park Unit 4, Block 23, Lot 9, located on the southwest comer of Bumey and Lansdown
Drives.
0.20 acre (8,500 square feet)
Same as above.
"R-1B' One-family Dwelling District
"B-4" General Business District
Single-family dwelling.
Full service dental laboratory.
Not applicable.
Area of Rea nest:
Lot(s) Area:
Current ZoninlE
Request:
Current Use of Prohetty:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoning:
North, West- "B-5" Primary Business District
South, East- "R-1B" One-family Dwelling District
Adjacent Land Use:
North - (across Bumey Drive) Auto sales lot.
South - Single-family residences.
East - (across Lansdown Drive) Child care center.
West - Parking lot and new vehicle staging area.
106
Zoning Report
Case No. 0400-03 (William R. Janelie)
Page 2
Number of Residential Units Allowed:
"R-1B" - 1 unit (1 dwelling unit per platted lot)
"B-4" - 7 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Dental lab - There are no traff~c generation rates provided in the ITE Trip Generation book.
Adiacent Streets/Classification:
a) Burney Drive - local
b) Lansdown Drive - local
Right-of-Wav Design
Current:
a) 50-foot right-of-way with a 26-foot back-to-back paved section.
b) 50-foot right-of-way with a 24-foot back-to-back paved section.
Planned:
a, b) Same as current.
1996 Traffic Count ~24-hour. weekdav, non-directionai]:
a, b) None available.
Zonin~ Historv of Pro.ertv:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
There has been no ~ezoning activity in the area within the past five (5) years.
Zoning Inventorv:
The subject property is on the northern edge of a 124.91-acre area zoned a "R-1B" District and
predominantly developed with single-family residences. Adjacent to the north and west, there is a
34.92-acre tract of land zoned a "B-5" District and developed with auto sales. bank building.
restaurant and other retail uses. Northeast of the subject property is a 21.04-acre tract of land zoned
a "B-4" District and developed with offices. retail sales, restaurant, and auto sales lots. There are
107 ~
Zoning Report
Case No. 0400-03 (William R. Janelie)
Page 3
9.33 acres of land zoned an "AB" Dislrict that are developed with churches and offices. The "R-1B"
District zoned lands to the south and northeast are predominantly developed with single-family
residential.
Plannino Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-1B" One-family Dwelling District to a "B-4" General Business District in order
to convert an existing single-family residence to a dental lab. Dental labs produce such items
as dentures, dental bridges, and crowns as requested by a dentist. Dental lab products are
either delivered to dentists, picked-up by the dentist, or shipped by mail. Dental labs do not
generate walk-in traffic. There is an auto dealership parking lot/vehicle staging area to the
west and a single-family residence to the south. ACross Bumey Drive to the north is an auto
sales lot and across Lansdown Drive to the east is a child care center. The subject property
has frontage along Lansdown Drive, a residential street, and Burhey Drive, a local street.
Lansdown Drive serves a residential neighborhood and Burhey Drive serves a commercial
area. The subject property's only vehicular access is to Bumey Drive, which is across from
an auto sales lot. The proposed use will have minimal adverse impact on the adjacent
residential uses given its commercial street access.
The expansion of the "B4" District on the subject property would be inappropriate because
uses such as bars, nightclubs, auto sales and repair are not compatible with the adjacent
residential properties. A non-residential district that would transition from the intense
commercial zoning on the north and.the residential district to the south would be more
appropriate. An "AB" District would permit low-intensity office uses. The subject prepeny
would be the furthest extension of the nonresidential zoning due to its access to a commercial
street. The adjacent lots to the south only have access to a residential street.
Conformity to the Comprehensive Plan and Land Use Compatibilitv: Overall, the
Comprehensive Plan Elements cannot support a "B-4" District due to its limited access and
proximity to a single-family residential area. The Southeast Area Development Plan's
adopted future land use map recommends the area to develop with medium-density single-
family residential. However, allowing the transition from a high-intensity commercial area
to a low-density residential area for this lot would be appropriate.
Potential Housing, Density: The "R-1B" District permits 7.26 dwelling units per acre, but
only one unit per lot. In a "B-4" District, a density of 36.30 dwelling units are permitted or
7 units on the subject property. An "AB" District also permits 36.30 dwelling units per acre
or 7 units on the subject property.
Height/Bulk/Setbacks/Etc.: A "R-1B" District requires a front yard setback of 25 feet and
a side and rear yard setback of five (5) feet each. The "B-4" District requires a front yard
setback of twenty (20) feet with no required side or rear yard unless adjacent to a residential
district where a setback often (10) feet would be required. An "AB" District also requires
108
Zoning Report
Case No. 0400-03 (William R. Janelle)
Page 4
a from yard setback of twenty (20) feet with a side and rear yard setback often (10) feet
each. The "R-1B" And "AB" Districts allow a building height of three (3) stories with the
"R-1B" District allowing 35 feet and the "AB" District allowing 45 feet. There are no
building height limitations in the "B-4" District.
Si~na~e: Signs in the "R-1B" District are limited to one wall sign not to exceed an area of
one square foot. The "B-4" District pennits unlimited wall and freestanding signs provided
they are located behind the front yard setback. Freestanding signs located in the front yard
setback are limited to one sign per street frontage with a sign area of forty (40) square feet
and a height of 25 feet. An "AB" District permits one wall sign with an area of twenty (20)
square feet. A freestanding sign in lieu of the wall sign may be permitted with Planning
Commission approval of a conditional sign permit.
Traffic: The subject property has frontage along Lansdown Drive, a local street, and has
vehicular access to Bumey Drive, also a local street. Burney Drive serves a commercial area
while Lansdown Drive serves a single-family residential area. A dental laboratory on the
subject property would generate a minimum traffic increase.
ParkinvJScmenin~: A dental lab is required to provide one parking space for each employee
or a minimum of five (5) parking spaces, whichever is greater. Them is sufficient area at the
rear of the subject property to provide five (5) off-street parking spaces. 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 standard screening fence will be
required along the south property line.of the subject property.
Costs to City: All of the infrastructure required to serve the subject property and its proposed
use is in place.
· Plattin~: The subject property is platted and further replatting is not required.
Pros: (Ideas in support of the request. )
a)
The requested "B-4" District would be an expansion of the adjacent "B-4" District to the
northeast and would be adjacent to "B-5" District.
Cons: (Ideas in support ofmaintaining the current zoning.)
a)
The requested "B-4" District is not consistent with the Southeast Area Development Plan's
adopted future land use map.
b)
A transitional zoning district such as an "AB" District would be appropriate when adjacem
to high-intensity commercial districts like a "B-4" or "B-5" Districts.
109 ~
Zoning Report
Case No. 0400-03 (William IL Janelie)
Page 5
c)
The proposed dental lab can be approved under a Special Permit that would provide more
protection to the single-family residential to the south.
Staff Recommendation:
Denial of the "B4" District, and in lieu thereof, approval of an "AB" Professional Office District
with a Special Permit for a dental lab subject to the following conditions:
USES: The only use authorized by this Special Permit other than those uses permitted by
fight in the "AB" Professional Office District, is a dental laboratory.
2. ACCESS: Vehicular access for the subject property shall be limited to Burney Drive.
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:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H:\PLN-D1R\ERMA\WORDXZONRPTS\040003REP.DOC
110
7
15
18
28
27
Apt 18, 2000- RP
100 300
CASE Z0400-03
111
X Property O~vner Opposed
See Comments on Page(s)
Subject property
Owners within 200 feet listed
on atteched ownership llst
g
(1)
(2)
(3)
(4)
(5)
(6)
PROPERTY OWNERSHIP LIST
CASE NO. 0400-03
Applicant:
William R. Janelie
2802 S. Staples St.
Corpus Christi, Texas 78404
6354-0001-0010
Wayne Strand Pontiac
c/o Love Chrysler Plymouth
4333 S. Staples St.
Corpus Christi, 'IX 78411
Parkdale Autotown, Block I,
Lot 1, Block 3, Lot I
6354-0003-0020
Creveling Motor Company
4313 S. Staples St.
Corpus Chfisti, TX 78411
Parkdale Autotown, Block 3,
Lot 2
9767-0023-0050
Elton B. Evans
11011 Sageriver Dr.
Houston, TX 77089
Windsor Park 4, Block 23,
Lot 5
9767-0023-0060
Louis A. Skrobarczyk, Jr.
9502 Goldcrest Circle
Corpus Christi, TX 78418
Windsor Park 4, Block 23,
Lot 6
9767-0023-0070
Susie V. Reyna
452 l Lansdown Dr.
Corpus Christi, TX 78411
Windsor Park 4, Block 23,
Lot 7
9767-0023-0080
L. Aguilar
4517 Lansdown Dr.
Corpus Christi, TX 78411
Windsor Park 4, Block 23,
Lot 8
(sP)
9767-0023-0090
Richard E. Trudeau
214 Poenisch
Corpus Christi, TX 78412
Windsor Park 4, Block 23,
Lot 9
(s)
9767-0023-0010
Carl R. Misfeldt
1317 Rimrock Dr.
Escondido, CA 92027
Windsor Park 4, Block 23,
Lot 10A
(9)
(1o)
9767-0023 -0105
Edward S. Hicks
3026 S. Padre Island Dr.
Corpus Christi. TX 78415
Windsor Park 4, Block 23,
Lot 10B, 10C, 10D
9767-0024-0010
Faith Temple
4425 S. Staples St.
Corpus Christi, TX 78412
Windsor Park 4, Block 24,
Lot IA
(ll)
9767-0024-0030
Assembly of God Church
4425 S. Staples
Corpus Christi, TX 78412
Windsor Park 4, Block 24,
Lots 2--4, 19-21
(12)
9767-0026-0010
Lo~nzo Garza
5001Bevly
Corpus Christi, TX 78411
Windsor Park 4, Block 26.
Lotl
H:\pln-irXerma\word\040003own.doc
Leroy San Miguel
Maintenance Department
Corpus Christi I.S.D.
P. O. Drawer 110
Corpus Chfisti, TX 78403
112
113
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0400-03
William R. Janelie
· Favor
~ Opposed
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
g)
Ovposition:
Carl R. Misfeldt, 1317 Rim rock Dr.
"The good of the area."
None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Oooosition: None.
III.
Responses received from owners/applicants of subject area:
Favor:
· Richard and Patricia L. Trudeau, 214 Poenisch (owners)
No written comment.
ODvosition: None.
H:\PLN-DIR\ERMA\WORD\COMMDATA\040003COM.DOC
114
Planning Commission Minutes
April 26, 2000
William R. Janelie: 0400-03
REQUEST:
"R-1B" One-family Dwelling District to "B-4" General Business District on Windsor Park Unit 4,
Block 23, Lot 9 and located on the southwest comer of Bumey and Lansdown Drives
Mr. Saidaria presented a slide illustration of the subject property and the surrounding areas. The area to the
north and west is zoned "B-5" Primary Business District and developed with an aura sales lot and parking lot and
new vehicle staging area: the area to the south and east is zoned "R.-IB" One-family Dwelling District and
developed with single-family residences and a child care center.
Mr. Saidaria stated that the applicant is requesting a change of zoning to convert an existing single-family
residence to a dental lab. Dental labs produce such items as dentures, dental bridges, and crowns as requested by a
dentist. Dental lab products are either delivered to dentists, picked-up by the dentist, or shipped by mail. Dental
labs do not generate walk-in traffic.
Mr. Saidaria stated that the subject property has ~'ontage along Lansdown Drive, a residential street, and
Burney Drive, a local street. Lansdown Drive serves a residential neighborhood and Bumey Drive serves a
commercial area. Even though the subject property has frontage along Lansdown Drive, its only vehicular access is
to Bumey Drive, which is across from an auto sales lot. The proposed use will have minimal adveme impact on the
adjacent residential uses given its commercial street access. The expansion of the "B-4" District on the subject
property would be inappropriate because uses such as bars, nightclubs, auto sales and repair are not compatible with
the adjacent residential properties. A non-residential district that would transition from the intense commemial
zoning on the north and the residential district to the south would be more appropriate. An "AB" District would
permit low-intensity office uses. The subject property would be furthest extension of the nonresidential zoning due
to its access to a commercial street. The adjacent lots to the south only have access to a residential street.
Mr. Saidaria stated that Staff recommends denial of the "B-4" District, and in lieu thereof, approval of an
"AB" Professional Office District with a Special Permit for a dental lab subject to the following conditions:
1)
Uses: The only use authorized by this Special Permit other than those uses permitted by right in the "AB"
Professional Office District, is a dental laboratory.
2) Access: Vehicular Access for the subject property shall be limited to Bumey Drive.
3)
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.
In response to Commissioner Underbrings question regarding necessity for "B-4" District zoning, Mr.
Saidaria stated that a dental lab uses chemicals which requires the requirement ofa "B-4" District.
Chairman Guzm~.n opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Mires, seconded by Berlanga, to deny the request for "B-4" District, and in lieu thereof, approve
an "AB' Professional Office District with a Special Permit for a dental lab subject to the foliowing conditions:
I)
Uses: The only use authorized by this Special Permit other than those uses permired by right in the "AB"
Professional Office District, is a dental laboratory.
2) Access: Vehicular Access for the subject property shall be limited to Bumey Drive.
3)
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.
Motion passed unanimously.
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
WILLIAM R. JANELLE, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 9, BLOCK 23, WINDSOR PARK UNIT 4, FROM
"R-1B" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT WITH A SPECIAL PERMIT FOR A DENTAL
LABORATORY SUBJECT TO THREE (3) 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 William R. Janelie, 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,
April 26, 2000, during a meeting of the Planning Commission, and on Tuesday, May 30,
2000, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Chdsti, dudng which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is
amended by changing the zoning of Lot 9, Block 23, Windsor Park Unit 4, located on
the southwest comer of Bumey and Lansdown Drives, from "R-1 B" One-family Dwelling
District" to "AB" Professional Office District.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a dental laboratory on Lot 9, Block 23,
Windsor Park Unit 4, (zoned "AB" Professional Office District by Section I of this
Ordinance).
SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject
to the following three (3) conditions:
1. ALLOWED USES: The only use authorized by this Special Permit, other than
the uses permitted by right in the "AB" Professional Office District, is a dental
laboratory.
2. ACCESS: Vehicular access for the subject property shall be limited to Bumey
Ddve.
H:\LEG-DIR\VERONICAXDDCURTIS\MYDOCSX2000\P&ZOR~DOYLEC~Z040003ADOC
/3
2
3. 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 4. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Sections 1
through 3, inclusive, of this ordinance.
SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 6. 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 7. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) 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 30t" day of May, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L, Neal, Jr.
Mayor, The City of Corpus Chdsti
APPROVED May 22, 2000
· Doyle D.~, Senior Assistant City Attorney
H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCS~.000\P&ZORD00\DOYLEC%Z040003A.DOC
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
WILLIAM R. JANELLE, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 9, BLOCK 23, WINDSOR PARK UNIT 4, FROM
"R-1B" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR .PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of William R. Janelie, for amendment to
the zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
Apdl 26, 2900, dudng a meeting of the Planning Commission, and on Tuesday, May 30,
2000, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Chdsti, 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 Lot 9, Block 23, Windsor Park Unit 4, located on
the southwest comer of Burney and Lansdown Drives, from "R-1 B" One-family Dwelling
District to "B-4" General Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
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.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:~,EG-DIR~VERONICA~DOCURTIS~/IYDOCS~2000~o&ZO~JpB0~DOyLEC~,040003B.DOC
2
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon wdtten 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 30th day of May, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Chdsti
APPROVED May 22, 2000
~..mes ~, City
Doyle ~ Senior Assistant City Attorney
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119
City of Corpus Christi
TO:
FROM:
SUBJECT:
Tabled Zoning: Case 0400-01 (Marshall Company) "R-1B" and "F-R" to "I-2'
The applicant has requested that his rezoning application be withdrawn from further consideration.
The applicant requested an "I-2" Light Indusn'ial District of 4.46 acres at the northwest comer of Rehfeld Road and
Interstate Highway 37 frontage road for contractor's office, 8,000 square foot warehouse and outside storage of
equipment. The "I-2" District is required for the warehouse use and outside storage.
On May 16, 2000, the City Council tabled action on this zoning case to May 30, 2000 at the request of
Councilperson Betty Jean Longoria. The purpose of tabling the action was to allow time to meet with the applicant
and neighborhood residents. The 20% role is in effect and will require seven (7) votes to approve.
On May 24, 2000, Councilmember Longoria and Planning Staff met with the neighborhood residents to discuss the
proposed change of zoning. After a lengthy discussion of the options, the neighborhood residents stated that they
did not want any type of industrial use or nonresidential zoning adjacent to their residential subdivision.
H:\PLN-DIR\ERMA\WORD\0400-01MEMO.DOC
120
MARSHALL COMPANY
GENERAL CONTRACTORI - ~ONBTRUC:TION MANAG!~MENT
May 225, 2000
Dear Michack
Because of public opposition, Marshall Company respectfully reqtmsts to withdraw Case fi0400-
01 from public hearing. If there are any refunds or rebates of f~es, pieaM mail than to
following adcltcss:
Marshall Company
PO Box 4995
Corpus Christi. Texas 78469
Please contact mg if you have any questions, and we appreciate your work on this matter.
s ere
Marshall Company
1~ha~d Dodson
Vic~-hesideat
VIA fax: 880-3590
121
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (city Council Action Date: May 16, 2000)
Case No. 0400-01, Marshall Company: A change of zoning fi-om 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 12, located on the northwest comer of
Interstate Highway 37 and Rehfeld Road.
Plannina Commission and StafFs Recommendation (04/12/00): Denied the "I-2" Diswict, 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.
Reouested Council Action: 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 "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-IB" 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 "1-2"
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-IB" 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 property's freeway frontage, a "B-I" Neighborhood Business
District with a Special Peait 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-I" 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 following five (5) conditions:
122
Agenda Memorandum
May 16, 2000
Case No. 0400-0l (Marshall Company)
Page 2
1)
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.
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 (I) year from the date of this ordinance unless the property
is being used for the purpose outlined in Condition I and all other conditions have been complied with.
Minoritv Opinion: One Commissioner added a minority opinion that this property should not be viewed as
industrial because of its freeway 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 contractur's yard.
ADDlicant's Position: The applicant concurs with Planning Commission and Staff's 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 returned in favor and three (3) were returned 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:
I) Zoning Repo~ Pages 3-12
2) Comments Received Pages 13-14
3) Planning CommissionMinutes Pages 15-17
4) Ordinances Pages 18-24
It:\PLN-DIR\ERMA\WORDXAGENDMEM\0400-01AGENDAMEMO.DOC
123
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Le!~al Description/Location:
0400-01
April 12, 2000
45-16; 46-13
Marshall Company
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:
Lotf s) Area:
Current Zoninff:
Request:
Current Use of Pronertv:
Puroose of Recluest:
4.46 acres
Same as above.
"F-R" Farm-Rural District and "R-1B" One-
family Dwelling District
"I-2" Light Industrial District
Single-family residence.
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 Zoniw,:
North, East - "R-1B" One-family Dwelling District
South - (across I. H. 37) "B-4" General Business District
West - "F-R" Farm-Rural District
124
Zoning Report
Case No. 0400-01 (Masshall 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 permanem housing or lodging is not permitted except for a caretaker' s
quarters.
"AB" - 107 units (36.30 dwelling units per acre)
"B-1" - 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.
Adjacent Streets/Classification:
a)
b)
Rehfeld Road - local
Interstate Highway 37 -expressway
Right-of-Way Design
Current:
a)
b)
42-foot fight-of-way with an 18-foot rural paved section.
Variable fight-of-way and pavement width.
Planned:
a)
b)
50-foot right-of-way with a 28-foot back-to-back paved section.
Same as current.
1996 Traffic Count {24-hour, weekdav, non-directional):
a)
b)
None available.
52,510 vehicles per day
125 4
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 Zoning Cases:
There has been no rezoning activity in the area within the past five (5) years.
Zonin~ Inventorv:
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
pan of a 641.78-acre tract of land zoned a "R-1B" District which is predominanfiy 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.
Plannin~ 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 eontractor'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 track 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 property's freeway frontage, a
126
Zoning Report
Case No. 0400-01 (Marshall Company)
Page 4
"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 coramemial
establishments and the amount of signs permitted on the property. The "B-I" 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.
Conformity to the Comorehensive Plan and Land Use Compatibility: 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 Housing Density: 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 camtaker'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 fleeway,
the increase in density from the "AB" and "B-I" Districts would not adversely impact the
residential properly to the north.
Height/Bulk/Setbacks/Etc.: An "F-R" District does have any required setbacks or building
height limitations. The "AB", "B-I" and "I-2" Districts require a front yard setback of
twenty (20) feet. Side and rear yard setbacks in the "AB" Dislrict 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.
Signa~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 twenty (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 twenty
(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
127 ~_~
Zoning Report
Case No. 0400-01 (Marshall Company)
Page 5
fleestanding 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 dally trip ends) as if the property were developed with single-family residences (312
dally trip ends with 31 residences). However, the traffic associated with the conaaetor's use
consists of large trucks and trailers that are heavier than the automobile. These heavier
vehicles would adversely impact Rehfeld Road, a local ~treet. 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
rights-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 propert.,/has direct access to a freeway frontage road without traversing a
residential area.
Cons:
a)
(Ideas in support of maintaining the current zoning.)
With residential adjacency, the uses permitted in the "I-2" 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.
128
7
Zoning Report
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 fleeway.
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 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.
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 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 1 and all other
conditions have been complied with.
Attachments:
Site Plan
Zoning and Ownership Map
Ownership List
Northwest Area Location Map
H:\PLN-DIR\ERMA\WORD~ZONRPTS\04000IREp. DOC
129 g
130
I!
R--1 B
FARIAS C, GRANT
F--R R-
FALLINS RI~
See Comments on Page(s)
Mot 31, 2000 - RP
CASE Z0400-O1
17~"/"/~ Subject property
~ Owners within 200 feet listed on cttcched ownership list
131
/e
PROPERTY OWNER LABELS
CASE NO. 0400-01
Applicant:
Marshall Company
C/o Richard Dodson
P. O. Box 4995 78469
(1)
(sP)
2370-0000-0700
Dennis W. Schirmer
13118 Shelton Blvd.
Corpus Christi, TX 78410
Fallins Riverside 0.23 ac out
of Tr 7; 0.537 ac out of Tr 11;
Bk 11, Lt 1, less por to ROW
2370-0000-0850
Lew Larson
4505 Rehfald Rd.
Corpus Christi, TX 78410
Fallins Riverside 1.494 acs
out of S Pt of Tr 8 & N Pt of
Tr 12; Riverside Park Annex.
Bk I, Lt I
(2)
2370-000%0010
Hoyte Genu'y
P. O. Box 4228
Corpus Christi, TX 78408
Fallins Riverside 12.07 acs
out of Tr 7
0)
2385-0024-0010
Alfred P. Barry
cdo Alfred P. Ban'y, Jr.
9117 Oak Downs
San Antonio. TX 78230
G. Farias Grant 13 acs out of
Tr 24
(4)
3 015-0000-0 105
High-Tide Parmership, Ltd.
P. O. Box 601295
Dallas, Texas 75360
Griffin W. tL Bluebonnet 0.83
acre out ofLt 11
(5) 7353-0002-0100
E. P. Dykes et ux
P. O. Box 10563
Corpus Christi, TX 78410
Riverside Park, Bk2, Lt 10
H:~PLN-DIR~RMA\WORD~400011ab.doc
(6)
(7)
(s)
(9)
el0)
(11)
(12)
7353-0002-0110
Larry D. Thieme
4602 Crystal Lane
Corpus Christi, TX 78410
Riverside Park, Bk 2, Lts 11
& 12
3015-0000-0065
Bruce Lowman
4422 Hackberry Lane
Corpus Christi, TX 78410
GrifFin W. R. Bluebonnet, S
45' of Lt 6, all Lt 7 &
N18.4' of Lt 8, less pot
ROW; 0.302 ac out ofLt 8
7353.0003-0010
Dorothea Brumme
4501 Crystal Lane
Corpus Christi, TX 78410
Riverside Park, Bk 3, Lt 1
7353-0003-0020
Gary Wayne Stokley
4505 Crystal Lane
Corpus Chfisti, 'IX 78410
Riverside Park, Bk 3, Lt 2
&3
7353-0003-0040
Ottie Zieger
4513 Crystal Lane
Corpus Christi, TX 78410
Riverside 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
Riverside Park, Bk 3, Lt 6
(13)
(14)
(15)
7353-0003-0070
John Oimler
4525 Crystal Lane
Corpus Chfisti, TX 78410
RiveBide Park, Bk 3, Lt 7
7353.0003-0080
Raymond P. Malish
4601 Crystal Lane
Corpus Chrisli, TX 787410
RiveBide Park, Bk 3, Lts 8 &9
Texas DeparunentofTranspormfion
1701S. Padre lslandDrive
Corpus Christi, TX 78416
IH. 37 ROW
Armro Ahnendarlz, Superintendent
Calallnn I.S.D.
4205 Wildcat Dr.
Corpus Christi, TX 78410
Jennell Richter
Kecord Star
P.O. Box 1192 _
Robstown, TX 78380
132
133 Z~-.
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0400-0 1
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.
Opposition:
3) Alfred P. Batty, 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.
14) 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:
· Lew Larson, 4505 Rehfeld Road
No written comment.
Oooosition: None.
134
Comments
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\ERMAXWORD\COMMDATAX040001COM.DOC
135
Planning Commission Minutes
April 12, 2000
Marshall Company: 0400-01
REQUEST:
"F-R" Farm-Rural District and "R-IB" One-family Dwelling District to "I-2' Light
Industrial District on Riverside Park Annex, Block 1, Lot I and Fallins Riverside, south
portion of Tract 8 and north portion of Tract 12, located on the northwest comer 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, contractor's office and vacant [and;
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 m allow the existing residence m 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 m
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 Staffs
opinion that the subject pwperty 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 contracmr'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 us a buffer between the fleeway 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-l"
Neighborhood Business District with a Special Permit for the warehouse and outside storage would be apprepnate.
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" 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-l" 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 "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 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 permitted by right in
the "B-l" 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.
Screenin,~: 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 betbre a certificate of
occupancy is issued.
136
Planning CommissionMinutes
Apfill2.2000
Case No. 0400-01 (Marshal Company)
Page 2
LandscaOina: 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 ~x°ty (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.
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 Guzm~in opened the public hearing.
Chfis 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
property 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 fight-
of-way.
With regard to the site plan, Commissioner Richter questioned whether the proposed entrance via lntemtate
Highway 37 had been apprnved 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 fi'om the proposed use. He stated that portions of his property are higher
and that a six-foot fence would not screen the yard fi'om his view. He continued that he did not agree with
developing the area for industrial uses due to the fact that ronoff 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.
137 //~
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 resu'icted access be a condition of the Special Permit. Mr. Saidaria 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 m the storage yard to Interstate Highway 37 and allowing Oleanders to be used along the
Interstate Highway 37 right-of-way. Motion passed with Berlanga, Mires, Richter, Sween-McGloin, and Guzm~n
voting "Aye"; Cheek, Kelly, and Noyola 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.
138
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-tB" ONE-FAMILY DWELLING
DISTRICT TO "B-l" 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 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, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, dudng which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 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 comer of Interstate Highway 37 and Rehfeld Road, from "R-1 B" One-family
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Dwelling District 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 Chdsti, 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:
1. ALLOWED USES: The only uses authorized by this Special Permit 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 2713, 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 2713, five (5) gallon
oleander shrubs shall be installed every ten (I0) 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 I
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,
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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 (f) 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 16t" day of May, 2000.
A'i"fEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
Cit7 S~creta~
Samuel L. Neai, Jr.
Mayor, The Cit7 of Corpus Ch.,-isti
APPROVED May 10, 2000:
James . . '
By: /~~City~
Doyle .C .~Curtis, Senior Assistant City Attorney
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Reing ~hst por~lon of Lot No, Twelve (12) (~)
Nine (9) and the 8curb (S) portion of Lot Eight (8}, Fallln's
Riverside Subdivision, Ks shown by the oCrici=i
subdivision, Or record in Volume 4, P~ge 60, M~p Records o£ Nueces
County0 Texas, to which re/erects is hereby mn~e; ssid trsct being
m~re ;~rticulzrly described by metes gad bounds ss follows: to-wit:
BEGINNIHG ~t ~s iroe pi9 where the Esst (E) boundary tins of
Lot Twelve (~2), Fallln's Riverside ~ubdivisicn inter~ects the
North (N) right o~ way line of Highway ~o. Nine (9) for the
Southeast (SE) corner of the ~r~ct herein described;
TREHCE North (~) Thirty'Seven (3~) d~rees sn~ two ~nd five tee~h~
(2.5) minutes East along the E~.s~ (EO boucder~ tins of LoC~l~'elve
(12) and Eight (8) of Fsllin's Riverside Subdivision, El2ht
Rusdre~ twenty seven end one tenths (827.1) £eet to an iron pin 'for
the ~orcheast (RE) corner of this tract:
Thence N~rth (N) Fifty two (~2) degrees ~nd Fifty Seven and Five
Tenths (57.8) minutes West (W) Frye tlundrsd and ~ixcees ~ed EiZht
Tenths (5~6.8) feet to an iron pin set in an old fence '.lno £or
the Nortbwes~ (NW) corner of C~ls tract;
Thence South (~) Thirty Seven (37) dsKrees and Two and Five
Tenths (2,5] minutes West (W) alonK the aforeme~Lioned old £ence
line s distnnce e£ Eight Hundred ~nd Fifty Nine (859) ~eec co
an iron piCa'set in the North (N) riSh~ O[ way line el ~tzte
Ilighway Number Nine (9) for the Southwest (SW) corner of this
tract;
Thence Sou~h (S) Fifty Six degrees ~nd thirty and rive ~enth~
(20.5) minutes East (E) along the North (N) right of way line
the eCoromontioced Highway Humher ffine (9) a distance of Five
Ruedred Seveetees and Eight Tenths (517.8) feet ~u the piece or
beginning and ~e Southeast (SE) corner of this tract; contsinin~
Ten ceres (10) DE lend, more or lees; ~A~ AND EXCEPT there/ram
the three (3) acre tract of lacd DIS ot the Rortbe~s~erl~ sod o[_.
the a~o~e '~s~ibed t~ct~x~r'ef LO~ S conveyed :o J. B.' ~sune
b~ deed dated Ma~ 12~']R22,"~o~ded in Volume 525,
Deed ~ecords oZ Nueces COunty, Texac; and further ~b~c 0.527 of
an acre oC lend cosyeyed off of the Southwesterly end o£ the above
deacribed trice out o£ Lot 12 to the State o£ Texas by deed dnCed
December 15, 1953, recorded in Volume 621~ paZe ~, Deed Records
of Nemees COent~, Texans; and £urther that
4.RIe notes o£ l~ad, more or less, oct of tba~ p~rCien of I/Jr 12
· north of State Rie~my 9 and n pert or the sou~h portion
Lot 8, Fellin's Riverside Rubdivision as shown by the o£ficizl
er plat of said subdivision of record ~n Voiume 4, Page
the M~p Records of Nueces County, Texas, end being the sumo
Masmcy by deed dosed January 22, 1928, recQrded In Volume 79~,
Pnge 423-425 of the Deed Records or Nuscns County, Teen, conveyed
to the State of Teens by condemnorion praceeeing #294, X(srcb II, 1966.
Oso-||alr (l/2) or ~ll minerals ~nd mineral righC~
Utnnr~l Deed fromE. J. D~vid to Julia T. D~vid dated August
~D29 ~ecordcd in volume 7, ~age 310, Oil & Gas Records of
Rlgh~ :~r ~cy Enscment Gruet dated Octshut 28, 1937 from Ale~ Flee2
to Lhc CIty of Corpus Chrt~Ct, recorded in Volume 235, pace COG,
DEED ~ECO~D~
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" UGHT 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, dudng a meeting of the Planning Commission, and on Tuesday, May 16,
2000, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Chdsti, 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 I. 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 "1-2" 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 by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
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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 Christi.
SECTION 7. That upon wdtten 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 16m day of May, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secz~m.-/
Samuel L. Neal, Jr.
Mayor, The City of Corpus Ch_.-isti
APPROVED May 10, 2000:
· Do~rtis, Senior Assistant City Attorney
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CITY COUNCIL
AGENDA MEMORANDUM
Date: May 25 2000
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an interlocal
agreement with Nueces County to implement a consolidated emergency dispatch center.
ISSUE: Consolidation ofCity and County dispatch facilities will provide a more cost effective
and efficient method for dispatching emergency services to its citizens. An interlocal agreement is
required to implement the consolidation.
FUNDinG: The County agrees to pay for the costs of modification of the existing center, not to
exceed $70,000.
REQUIRED COUNCIL ACTION: Approval of the inte~ocal agreement.
RECOMMENDATION: Staff recommends executing the interlocal agreement.
P. Alvarez, Jr. c..__
Chief of Police
ADDITIONAL SUPPORT MATERIAL
Background Information x
Contract Summary x
Interlocal Agreement x
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AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Consolidation of Public Safety Communications Centers has long been the plan for both governments.
The City and County both operate separate emergency dispatch centers with overlapping jurisdictions
complete with 9-1-1 answering points and radio dispatching. These centers have duplicate
administrative structures and support requirements. The City, County, and RTA are co-owners and
users of a regional 800 MHz radio system; the County uses the Police Department's computer
systems and software for their emergency communications operations and records management. The
agencies have purchased compatible 9-1 - 1 equipment.
Both agencies agree they will consolidate their communications dispatch centers to handle all law
enforcement, fire and EMS communications and emergency calls and dispatch all public safety
services currently dispatched for the two entities, with the potential for further consolidation of efforts
to include other cities within Nueces County. The goal of consolidation shall be to provide a regional
center staffed by trained professionals to operate the PSAP. This center shall be designed to be cost
effective, provide efficient provision of emergency services for the citizens served and shall plan for
expansion to accommodate additional PSAP's.
A City Engineering study has provided us with a plan for orderly migration to the recommended
consolidated communications center. The modifications to the existing center entail replacement and
reiocation of an existing air conditioning unit, removal of the snack bar, and one administrative office
to provide space for the new employees. The County will absorb the costs of the modification
estimated at $70,000 by City Engineering.
The City and County will share and cross train dispatch personnel, with County personnel offered
City employment subject to meeting existing City qualifications and performance standards. Nine
positions will be transitioned from the County with the County reimbursing the City the cost of
personnel at current City rates for those County employees hired by the City.
The modifications to the 9-1-1 center will displace two employees and the snack bar, with the
remaining space still not adequate for both the 9-1-1 center and Computer Support. Future plans for
expansion include relocation of the Special Services and Organized Crime Control divisions to the
space vacated by the Fire Department after their proposed move to the Frost Bank building. Funding
for the expansion and relocation will be included in the FY 00/01 Police Department Operating
Budget.
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AGENDA MEMORANDUM
CONTRACT SUMMARY
The City will administer the center under an adopted set of operating procedures and budget to be
developed by the Systems Operations Committee, as established by this agreement, and approved by
the MetroCom Board (comprised of the Nueces County Judge of the Commissioners Court and the
Mayor of Corpus Christi). The Committee is comprised of the following voting members:
a. Nueces County Sheriff, or his representative
b. Member named by the Nueces County Commissioners Court
c. Chief of Police, Corpus Christi, or his representative
d. Fire Chief, Corpus Christi, or his representative
e. Representative of the City of Corpus Ch~sti
f. Representative of the Regional Transportation Authority
g. A non City/County representative elected by other MetroCom public safety dispatch
system users.
The Committee will recommend a set of operating procedures, a minimum set of standards for
operations and minimum staffing, and an operating budget to the MetroCom Board. They will also
provide for long term planning for the operations and design of the center. The agreement will be
for one year and is subject to automatic renewal unless terminated. Either party may terminate the
agreement with 90 days advance written notice.
Consolidation will occur in the following phases:
1. Phase 1: Co-Location: The two centers shall move into a single physical location
allowing for modification of the existing City 911 center to accommodate County
operations, movement of phone and trunk lines, setup of dispatch consoles and other
equipment. The County agrees to fund the modification costs not to exceed $70,000.
This phase will be completed within 90 to 120 days of City Council approval.
2. Phase 2: Consolidation: Formal interfacing of the centers to include adjustments of
personnel and compensation policies. The City and County will share and cross train
dispatch personnel, with County personnel offered City employment subject to meeting
existing City qualifications and performance standards. The County will reimburse the
City the cost of personnel at current City rates for those County employees hired by the
City. Nine positions will be transitioned from the County. This phase shall be
accomplished within one year from the end of Phase 1.
3. Phase 3: MetroCom: The long term establishment of a joint center, suitable for regional
dispatch operations, in a neutral location to be determined by both agencies. This phase
is targeted for completion by December 31, 2003. The City and County will cefund this
center.
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INTERLOCAL COOPERATION AGREEMENT
(Consolidated Emergency Dispatch Center; MetroCom)
This Interlocal Cooperation Agreement is made by and between the City of Corpus
Christi, Texas (the "City"), a municipal corporation, and the County of Nueces (the
"County"), a political subdivision of the State of Texas pursuant Chapter 791 of the Texas
Government Code.
WHEREAS, the City and the County have developed and jointly own an 800-mHz
tmnked radio communications system (the "System") which provides for public safety radio
communications within the jurisdictions of the two entities; and
WHEREAS, in 1993 the County commissioned a communications study, the results
of which were known as "Mel~oCom", and that study called for the development of a single
consolidated public safety answering point CPSAP'') for all 911-emergency calls and
dispatch functions within the areas served by the City and the County, with the potential for
further consolidation of efforts to include other cities within Nueces County;
NOW, THEREFORE, BE IT AGREED BY TFfE CITY OF CORPUS CHRISTI,
TEXAS AND THE COUNTY OF NUECES:
Development of Consolidated Dispatch System. The County and the City agree to
consolidate their public safety dispatch centers into a single public safety answering
point, known as MetroCom, for the areas served by the County and the City. The
new PSAP will handle all law enforcement, fire and EMS communications and
emergency calls and dispatch all public safety services currently dispatched for the
two entities.
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Goals The goals of this consolidation shall be to provide a regional center staffed by
trained professionals to operate Public Safety Answering Points (PSAP). This center.
shall be designed to be cost effective, provide efficient provision of emergency
services for the citizens served and shall plan for expansion to accommodate
additional PSAPs.
Implementation Plan. The implementation plan forthe consolidation of the dispatch
centers is to follow three distinct phases of operations.
Phase I. Co-Location This phase shall relate to the movement of the centers
into a single physical location. This phase will allow the modification of the
existing City 9-1-1 center to accommodate County operations, the movement
of necessary phone lines, movement of the County 9-1-1 trunk lines, the setup
of radio/consoles, and all other hardware/software modifications necessary to
accomplish the goals of this agreement. Nueces County dispatching operations
shall move into the facilities currently used by the Corpus Christi Police
Depa,hxtent immediately following the modification of the existing facility to
accommodate County operations. This phase of the agreement provides for
the transfer of County 9-1-I trunk lines to the CCPD center and the
elimination of the Nueces County PSAP as a full time stand alone operation.
The completion and acceptance of the facilities and the movement of County
Staff into the facility shall end Phase I. The County shall fund the costs of
modification not to exceed a total of $ 70,000.00. This phase shall be
commenced on the last date of execution of this agreement.
Phase II Consolidation This phase relates to the formal interfacing of the
centers, including adjustments ofpersounel and compensation policies. Both
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organizations shall immediately share and cross train dispatch personnel to
accomplish the needs of the entire center. Existing County staff shall be
offered employment, subject to meeting existing City qualifications and-
performance standards. The County shall reimburse the City the cost of
personnel expense, including overtime, at the joint center at rates consistent
with current City pay practices for those County employees hired by the City,
and for those positions filled by the City to fill a county dispatch vacancy.
Nine current positions of the County in dispatch functions shall be transitioned
to the City as required for Phase II of the consolidation. The parties will make
arrangements for a transition period involving loaned employees, if necessary.
The parties acknowledge that some positions in the two dispatch centers may
be eliminated due to the consolidation. This phase shall be accomplished in
within one year from the end of Phase I of this project. At the end of this
phase all employees of the joint PSAP shall be employees of the City.
Phase III MetroCom This phase relates to the long term establishment of a
joint center, suitable for regional dispatch operations, in a neutral location to
be determined by the paxlies. This center may include facilities for emergency
dispatch operations, training, and emergency management needs. This phase
should be targeted for completion by December 31, 2003.
Study The parties have, by previous agreement, hired the services of a consultant to
provide technical recommendations for the proposed consolidation. Nothing heroin
should preclude the revision of details of the phased activities herein described based
on recommendations from Trott Communications under a consulting services
agreement with the City, the County, and the Regional Transportation Authority
(RTA).
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Functions of the Center The MetroCom center shall provide all emergency and non-
emergency communications dispatch services to the City of Corpus Christi, Nueces
County, and other authorized emergency service proriders. Such communication.
services shall include, but not be limited to
a. 9-1-1 emergency and non-emergency call taking,
b. dispatch of responding units,
c. coordination of responding units,
d. tracking of in-services units,
e. dispatch and tracking services for civil and criminal process service units,
f. dispatch and tracking of jail transportation units,
g. information services for field units,
h. admirdstmtive messaging,
i. CMD dispatch and Community Alert functions,
j. serve as a point of local emergency service contact for State and Federal
resoumes,
k. and such other dispatch services as are approved by operating procedures
(SOP).
County Retained Functions The Sheriff shall retain full function and responsibility
for all warrant functions.
Administration and Governance of the Center. The MetroCom center shall be
administered by the City of Corpus Christi under the terms of an adopted set of
Standard Operating Procedures (SOP) and budget. These SOPs are to be developed
by the System Operations Committee, as established by this inte~ocal agreement, and
shall be approved by the MetroCom Board to be binding.
a. There is hereby created a System Operations Committee. If the Committee so
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chooses, it may select a Chairman from its voting members by a simple majority vote of all
of its voting members. The System Operations Committee shall be comprised of the
following voting members:
i. The ShefiffofNueces County, or his representative
ii. A member named by the Nueces County Commissions' Court
iii. The Chief of Police of the City of Corpus Christi, or his representative
iv. The Fire Chief of the City of Corpus Christi, or his representative
v. An additional representative of the City of Corpus Christi
vi. A representative of the Regional Transportation Authority
vii. A non-City/County Representative who shall be elected by other
MetroCom public safety dispatch system users.
b. The Systems Operations Committee shall
i. Recommend a Standard set of Operating Procedures (SOP) to the
MetroCom Board.
ii. Recommend a minimum set of standards for operations, and minimum
staffing, to the MetroCom Board.
iii. Recommend an operating budget to the MetroCom Board.
iv. Periodically evaluate the Communications Director, and report such
evaluation to the MetroCom Board.
v. Provide for long term planning for the operations and design of the
center including recommendations relating to the expansion of the
center to include the functions of other PSAP's.
c. The MetroCom Board is hereby created. This Board shall be comprised of the
County Judge of Nueces County Commissioners' Court and the Mayor of the City of
Corpus Christi. This Board shall:
i. Consider for adoption Standard Operating Procedures (SOP) as
recommended by the Systems Operations Committee
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ii.
iii.
iv.
V.
Select the person to serve as Communications Director, responsible for
the operation of the MetroCom Center
Set the operating budget for the center
Set the cost allocations method for the center
Approve the expansion of the center to include other public safety
entities.
Funding The City and County agree W jointly fund the operations of the center. The
MetroCom Board shall approve all budgets and allocation formula.
a. During Phase I the County shall pay all costs of modification of the center, not
to exceed $ 70,000.00
b. During Phase lI the County shall reimburse the City the salaries of County
employees hired by the city, as defined in Section 3.b of this agreement.
c. During Phase IlI the City and County shall co-fund the center. Until the
MetroCom Board shall establish a cost allocation formula, the City and the
County shall share operational costs on a call processed pro rata basis.
d. Nothing herein shall preclude the addition of other PSAPs to the center, nor
shall this preclude the allocations of cost to other administrations,
jurisdictions, and program participants.
In connection with implementing the consolidation, the parties agree as follows:
e. The initial location of the dispatch center will be at the Corpus Christi Police
Department. The City will undertake the necessary expansion of the dispatch
area to accommodate the consolidated operations. The parties further agree
to examine the future development of a consolidated dispatch center at a
separate neutral location.
f. Upon execution of this agreement the County shall immediately join the City
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and the RTA in the existing MDT/AVL Project.
The City and the County shall take the necessary steps to obtain all regulatory
approvals necessary for relocation of the County's 911 emergency access -
phone lines to the new dispatch center.
10.
11.
Approval by Governing Bodies. Each party represents that this Agreement has been
duly passed and approved by the governing body of the party as required for
inte~ocal cooperation contracts pursuant to the Texas Interlocal Cooperation Act.
Term and Renewal. This Agreement shall be for an initial term of one year as
required under the Texas Interlocal Cooperation Act. This Agreement is subject to
automatic renewal unless terminated as provided herein. This Agreement may be
terminated at any time by either party with or without cause upon ninety (90) days'
advance written notice. Any such notice of termination shall be given to each other
party to this Agreement in accordance with the notice provisions provided below.
12.
Payments. Any payment made by the County or the City for any of the services
provided pursuant to this Agreement shall be made out of current revenues available
to such paying party as required by the Texas Interlocal Cooperation Act.
13.
Severability. If any portion of this Agreement, or the application thereof to any
person or circumstance, shall ever be held to be invalid or unconstitutional by any
court of comPetent jurisdiction, the remainder of this Agreement shall not be affected
thereby and shall continue to be enforceable in accordance with its terms.
14.
Notices. Notices under this Agreement shall be addressed to the parties as indicated
below, unless changed by written notice to such effect, and shall be effected when
delivered or when deposited in the U.S. mail, postage prepaid, certified, return receipt
LOAX2900~metroc2.wpd
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requested.
CITY:
City Manager
Corpus Christi, Texas
P.O. Box 9277
Corpus Christi, Texas 78469
COUNTY:
County Judge
Nueces County Courthouse
901 Leopard Street, Room 301
Corpus Christi, Texas 78401
15.
Performance. This Agreement shall be performed in Nueces County, Texas, and
shall be interpreted according to the laws of the State of Texas.
16.
Entire Agreement. This Agreement represents the entire agreement between the
parties and may not be modified by any oral agreements or understandings. Any
amendments must be made in writing and signed by all parties.
17.
Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to this Agreement and their respective successors and permitted assigns. This
Agreement may not be assigned by any party without the written consent of all of the
other parties.
EXECUTED to be effective as of the last execution date set forth below:
EXECUTED by the County of Nueces on the
LOA~2900Nmetroa.wpd
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day of 2000.
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ATYEST:
COUNTY OF NUECES
By:
Emest Briones, County Clerk
By:
Richard M. Borchard, County Judge
EXECUTED by the City of Corpus Christi, Texas on the
2000.
day of
CITY OF CORPUS CHRISTI, TEXAS
By'
David R. Garcia, City Manager
APPROVED AS TO FORM:
James R. Bray, Jr., - City Attomey
Laura Garza Jimenez
By:
Assistant City Attomey
Nueces County Attomey
LOA',2900~metroc2.wpd
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9
157
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN INTERLOCAL AGREEMENT WITH NUECES COUNTY TO
IMPLEMENT A CONSOLIDATED EMERGENCY DISPATCH CENTER
WHEREAS, the City and Nueces County both operate separate emergency dispatch centers
with overlapping jurisdictions; and
WHEREAS, the City and the County desire to consolidate these two centers to provide more
efficient operations and a higher level of service to the public and public safety personnel;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager or his designee is hereby authorized to execute an
Interlocal Agreement with Nueces County to implement a Consolidated Emergency Dispatch Center.
A copy of the interlocal Agreement is on file in the office of the City Secretary.
Attest:
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED THIS THE 2bq~'DAY OF %
James R. Bray, City Attorney
By: .,,-~rT~ ~
Lisa guilar, A City Attorney
,2000
LOA\res.009
158
AGENDA MEMORANDUM
DATE: May 24, 2000
SUBJECT: Frost National Bank Building Lease
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a lease
agreement and an Option to Pumhase with Frost National Bank for 41,289 square
feet of the Frost Bank Building located at 2402 Leopard Street and the land on
which the building is situated and Lots la, 2,3, 4 and 5, Block 1, Nelson Addition
No. 2.
Ordinance appropriating $500,000 from the Frost National Bank lease purchase
agreement in the General Fund No. 1020, amending FY99-00 budget adopted by
Ordinance No. 023702, to increase appropriations by $500,000 in the No. 1020
Fund for office space improvements to the Frost Bank Building; and declaring an
emergency.
Motion authorizing the City Manager, or his designee, to execute a contract with
Morgan Spear Associates, Inc. in the amount of $41,560.00 for architectural
services associated with the Frost National Bank Building Lease Purchase
Improvements.
ISSUE: Additional space is needed to accommodate the current and short-term space
needs of the Police, Fire, and various City Hall Departments.
FUNDING: No lease purchase payments are required for two years. Funding for space
remodeling and other space improvements will be provided by the "Build Out Allowance"
funded by Frost National Bank.
RECOMMENDATION: Approval of the motions and ordinance as presented.
' R)Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B,
Exhibit C,
Exhibit D.
Background
Summary of Architectural Contract
Location Map
Cancellation Fee Schedule
H:\HOME\KEVINS\GEN~FROSTBLD\^AGENDA.M
160
BACKGROUND INFORMATION
SUBJECT: Additional Office Space Needs
FUTURE COUNCIL ACTION:
1. Award of equipment purchases associated with lease space improvements.
2. Award of construction contract for lease space improvements.
3. Exercise of lease purchase option.
BACKGROUND: Morgan Spear Associates, inc. was administratively contracted to analyze the
space needs of City Hall and its related facilities. The report stated the City could not meet its
current or future office space needs through departmental relocations and reassignments. The
study verified:
1. the existence of overcrowding;
2. inadequate office space to accommodate existing uses; and
3. no possibility of reallocating existing office space to address current or future needs.
ALTERNATIVES: City staff sent out a Request for Proposals (RFP) to gather information
concerning the availability of office space for lease with square footage of approximately 43,100.
Seven proposals were received. Six of the proposals were for lease office space in existing
buildings. One respondent proposed to build to suit, whereby the developer would purchase the
City-owned block west of City Hall and construct a building to City specifications. Three options
were analyzed:
Lease Existing Office Space: Frost National Bank offered the best proposal in terms of lease
price, location and physical characteristics of the facility. The Frost Bank building, located at
2402 Leopard Street, has approximately 50,880 s.f. of office space. Staff estimated the total
annual rent and operating costs for the Frost Bank building for five years at $4.86/s.f. per year.
Annual estimates for the other five proposals for five years are as follows:
Building & Address
Nueces County Hospital, 4628 Weber
RTA Building, 1812 S. Alameda
Oil Industries Buildings & HEB Building,
Upper N. Broadway
Nations Bank Building, 500 N. Water
Park Green Atrium, ~'!.-!.~, Corona
Estimated Rent and O&M Costs
$7.80/SF
$7.83/SF
$9.00/SF and $10.63/SF
$10.30/SF
$10.92/SF escalating to $12/SF in year 5
2. Lease "Build To Suit" New 44.000 S.F. Building: This proposal, offered by Joe Adame and
Associates, Inc., calls for the City to sell the block west of City Hall to the developer for
$225,000 ($2.50/s.f.). The developer would construct a building to City specifications and
lease the building to the City for $1.00/s.f. per year for the first 10 years, and $1.11/s.f. per year
for years 11 through 20. Staff analyzed this option and estimated the total annual rent and
operating costs at $1 7.05/s.f. for the first 10 years and $1 8.37/s.f. for the second ten years.
H:\HOME\SHIRLEY'~GEN~agendas~!FROST SANK BUILDING LEASE - Background lnformatjon.doc
161
exhibitA~ ~1
Page 1 of 3
3. Build A New City-Owned 44,000 S.F. BuildinG: This option provides for the City to build a new
office building on the City-owned block west of City Hall. The total annual financial and
operating costs for twenty years are estimated at $9.95/s.f.
An analysis of the three options indicates that leasing the Frost Bank Building is the best option in
terms of annual rent/building costs and operating costs per square foot to meet the City's current
space needs.
The City entered negotiations with Frost National Bank to develop a lease agreement that best
meets the needs of the City. '
Lease Agreement: The agreement provides for a 21-year lease of 41,289 rentable square feet
contained in the Frost Bank Building located at 2402 Leopard Street with payments deferred
until the first day of the 25th month. Frost will grant the City a "Tenant Improvement Allowance"
in an amount not to exceed $500,000 for construction of tenant Improvements. Since Frost will
continue to occupy the Old Frost Trust Department portion of the building (11,301 S.F.), sewer
and stormwater costs will be profeted based on the floor space occupied. Each party will be
responsible for their own electrical, water and telephone bills. The City will reimburse Frost their
pro rate share of ad valorera taxes (78.51%) on the building and 100% of the assessed land
taxes.
The deferred monthly lease payments beginning in the 25th month will be $1,961.96 for the
fourlh floor. The second and third floors will be occupied two months after the fourth floor is
occupied. The lease rate will, therefore, increase to $6,577.45 in the 27t" month of occupancy.
The lease rate increases to $11,664.14 per month for years 4 through 10 when all four floors will
be occupied. The monthly lease rate for year 11 through 21 will be $12,627.55.
The lease provides for a "Cancellation Option". The City has the dght during each lease year to
terminate the lease effective as of July 31 of such lease year upon not less than 60 days pdor
wdtten notice to Frost. The consideration for this option is a "Cancellation Fee" as shown on
Exhibit "D."
Frost also grants the City an Option To Purchase for an "Option Consideration" of $1,000. The
City may exercise the Option to Purchase upon payment of a $1,000 "Option Exercise Fee"
dudng the 9t", 14t", 19t" and 22"~ years. The purchase pdce is $1,644,357 dudng the 9~ year;,
$1,081,874 dudng the 14b year, $424,986 during the 19th year and $0 for the two month option
period (6/1/2021 through noon, 7/31/2021) immediately after expiration of the lease.
If the City exercises the purchase option, Frost can continue occupancy for an initial five year
lease period at the rental rate then in effect on the commencement date of the lease less that
portion of the rental rate that represents unamortized deferred rent. Frost will have two (2) five-
year renewal options at market rental rate to be negotiated between the City and Frost at the
time of renewal.
Architectural Contract: The contract with Morgan Spear Associates, Inc. provides for design,
bid, and construction phase services, The amount of the contract is $41,560 due to a pdor work
credit of $8,940 for services completed as part of the space needs assessment services. A
contract summary is attached. (See Exhibit B.)
H:~-IOME~SHELBY\GEN~AG99-00~vllSC~FROST BANK LEASE, bII~2doc
Exhibit A
Page 2 of 3
Lease Space Utilization: The City will initially occupy the fourth floor with the Emergency
Management and Emergency Operations Center. The third floor will house Fire Department
Administration, Emergency Medical Administration, and Fire Training personnel. The second
floor will house Fire Prevention and the Local Emergency Planning Committee. It is anticipated
that Emergency Management and Emergency Operations will take occupancy in late July of
2000. The second and third floors will be occupied by eady October 2000.
H:V-IOME~SHELBY~GEN~AG99-00VVIISC~FROST BANK LEASE.bkg.doc
163
Exhibit A~
Page 3 of 3
Contract Summary
Frost Bank Buildinq Lease Space Improvements - Lease space improvements of three floors of the tower of
the existing Frost Bank Building, located at the 2402 Leopard Street, Corpus Christi, Texas 78408.
A. Evaluate preliminary studies for the second floor and develop improvements of the space to be occupied
by Fire Prevention and LEPC (Local Emergency Planning Committee).
B. Evaluate preliminary studies for the third floor and develop improvements of the space to be occupied by
Fire Department Adminisbation, EMS, and Training.
C. Evaluate preliminary studies for the fourth floor and develop improvements of the space to be occupied
by Emergency Management and E.O.C. (Emergency Operating Center).
D. Develop bid documents including plans and specifications to for Lease Space Improvements to the
second, third and fourth floors of approximately 17,791 square foot area.
E. Evaluate and develop furnishings for the fourth floor Emergency Management and EO.C. lease space,
including design, specification of furnishings and equipment, installation, and bid documents for separate
bidding by City;
F. Assist City in the coordination of the relocation of antennas from existing City Hall, installation of National
Weather Service satellite, satellite phone, fire protection system to E.O.C. lease space, fiber optics from
City Hall.
Assist City in the selection of special electronics/audio equipment to be located in the E.O.C. lease
space, includin9 design, specification of furnishings and equipment, installation and bid documents for
separate bidding by City;
H. Develop project program, development and design for a generator for back-up power of the existing
25,000 and 50,000 square foot area of the Frost Bank Building, including design, specification of
furnishings and equipment, installation, and bid documents for separate bidding by City;
Consultant's services will be programming, schematic design, design development, contract documents,
bidding, construction services, post construction services as described hereafter.
BASIC SERVICES
Design Phase Services
The Consultant shall:
a. Review existing layouts of floors 2, 3, and 4 and meet with Building Committee;
b. Prepare preliminary design scheme and provide a preliminary cost;
c. Review of the preliminary design, preliminary budget, and construction plan with Building
Committee prior to beginning detailed design.
a. Hold necessary conferences with the City staff to coordinate additional planning to confirm
project scope and include a pre-design meeting, a 60% construction document review (plans
only), and a 90% construction document review;
b. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the
60% (plans only), 90% and 100% complete plans.
c. Employ and coordinate the activities of sub-consultants. Sub-Consultants (engineer(s)) shaft
practice engineering in the disciplines for which they will be engaged in the design of this project,
(Le. civil, landscaping, sb'uctural, mechanical, electrical, plumbing, and acoustical);
Submit copies of all schematic design studies and analysis for review and approval;
Inform City representative of apparent discrepancies in the City base data;
Preliminary review of project budget as it relates to alternative schematic designs and
construction;
Prepare construction drawings, (plans and specifications) in City format;
Furnish 100% complete plans, and one (1) specifications manual to the City Engineer for review
and approval purposes including necessary requirements to satisfy ragulations of the Texas
Department of Licensing and Regulation for handicap accessibility review.
Deliver to the City Engineer final reproducible plans, specifications, contract and bid documents
in City format;
Prepare and deliver to the City Engineer final cost estimate from 100% documents;
Recommend any alternate bid items that may be needed to assure the lowest responsible bid is
within budget;
Provide programming and space planning coordination services with anticipated furnishings and
equipment.
H:\HOME\KEVINS\GEN\FROSTBLD~aesum.ex'.,dOc
164
Exhibit B
Page 1 of 2
Bid Phase Services
The Consultant shall:
a. Attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents;
b. Prepare for the City Engineer any addenda necessary to inform contractore of other
revisions to the bid documents identified pdor to bidding.
c. Assist City in securing bids, attend the public bid opening, analyze bids, and make a written
recommendation conceming award of the contract;
d. In the event the lowest responsible bidder, s bid exceeds the Consultant, s design phase
estimate, the Consultant will, at his/her expense, confer with City staff and make such
revisions to the bid documents as the City staff deems necessary to re-advertise that
particular portion of the Project for bids.
Construction Phase Services
The Consultant shall:
a. Attend and assist with a pre-construction;
b. Review and check for approval, materials and other submittals;
d. Prepare a celor and material board;
d. Provide interpretations and clarifications of the plans and specifications;
e. Prepare, review and evaluate any change order including a recommendation to accept or
reject;
f. Consult, advise, and confer with representatives of the City and other governmental
authodfies as needed;
g. Make necessary visits to the site of the project and determine, in general, if the work is being
done in accordance with the contract documents and in accordance with the quantities of
work represented in current contractor requests for payment;
h. Prepare on City format, review and approve monthly payment requests and time statements
by the contractor;
i. Travel in Corpus Chdsti, and its environs, as necessary for accomplishment of services
under this contract;
j. Conduct a preliminary inspection and prepare a punch list of items for correction, repair or
installation by the contractor to be delivered to the City and contractor prior to final
inspection:
k. Conduct a final inspection with City personnel and contractor which shall include a
familiarization walk-through with City personnel (if applicable) of control systems, emergency
procedures, and maintenance procedures;
I. Review and forward all operation manuals, maintenance manuals, technical information,
approved submittals sheets, parts lists, manufacturer maintenance guaranties and
warranties and/or other guaranties or warranties;
m. Provide for engineering inspections dudng the progress of the project to ensure execution
and delivery to the City Engineer a WPI-II Windstorm;
n. On behalf of the City Engineer, work in cooperation with the Texas Department of Licensing
and Regulation on the inspection phase of the project for compliance with Article 9102 -
Texas Statutes, Elimination of Architectural Barriers Program;
o. Review the Contractors field set of construction drawings and specifications. On the basis of
"redline" drawings and marked-up specifications provided by Contractor, and based upon
known deviations, change orders, mark-ups, and changes reported by the City project
inspector, the Consultant shall prepare .as*built. record drawings and specifications ofthe
project as;
p. Assist the City Engineer in completion of the final Certificate of Occupancy if required by the
Building Official.
III. FEES AUTHORIZED
The City will pay the Consultant a fixed fee not to exceed:
Fee Prior Work Credit Total
1. Design Phase Services $37,875.00 $8,940.00 $28,935.00
2. Bid Phase Services $ 2,525.00 0 $ 2,525.00
3. Construction Phase Services $10,100.00 0 $10,100.00
Totals $50,500.00 $8,940.00 $41,560.00
Thus, the total fee to the Consultant sharl not exceed $41.560,00~
Page 2 of 2
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LOCATION MAP
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VICINITY MAP
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HIGHWAY 37
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EXHIBIT "C"
Frost Bank Building Property
2402 Leopard Street
CiTY OF CORPUS CHRISTI, TEXAS 166
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING 5ER~CES
PAGE: I Of I
OARS: O~-~-OO --""
EXHIBIT "D"
TO THE LEASE AGREEMENT BETWEEN
THE FROST NATIONAL BANK
AND
THE CITY OF CORPUS CHRISTI
CANCELLATION FEES
LEASE YEAR
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
PAYMENT
989,861
1,197,535
1,188,493
1,159,204
1,128,834
1,097,335
1,064,656
1,030,744
995,542
841 661
800 763
758 307
714 223
668 434
469 329
419 885
368 483
315 027
259 420
50,024
167
Page 1 of 1
AN ORDINANCE
APPROPRIATING $500,000 FROM T!tE FROST NATIONAL BANK LEASE
PURCHASE AGREEMENT IN THE GENERAL FUND NO. 1020,
AMENDING FY 99.-00 BUDGET ADOPTED BY ORDINANCE NO. 023702, TO
INCREASE APPROPRIATIONS BY $500,000 IN THE NO. 1020 FUND FOR
OFFICE SPACE IMPROVEMENTS TO THE FROST BANK BUILDING;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION I. That $500,000 is appropriated from the Frost National Bank Lease Purchase
Agreement in the General Fund No. 1020.
SECTION 2. That Ordinance No. 023702. which adopted b) FY 99-00 budget. is amended
by increasing appropriations by $500,000 in the No. 1020 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 APPRO ED 5 ' '2- ~L 2000- JAMES R. BRAY, JR., CITY ATTORNEY
: I,~ ~["~ity Attorney
168
AGENDA MEMORANDUM
DATE: May 22, 2000
SUBJECT: Wesley Seale Dam Spillway Stabilization Project
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to the
contract with Freese & Nichols, Inc. in the amount of $344,600 for engineering services for
the Wesley Seale Dam Spillway Stabilization Project.
ISSUES: Engineering design is required to rehabilitate the South Spillway Chute/Basin and
other miscellaneous maintenance, information, control, and video security systems.
r otlons as pres
~"~"uardo Gara~a, P.E. 'A cobar, P.E.
Water Superintendent Acting Director - Engineering Services
Attachments:
Exhibit A * Additional Information
Exhibit B - Location Map
Exhibit C - Prior Council & Administrative Actions
Exhibit D - Contract Summary
170
ADDITIONAL INFORMATION
SUBJECT: Wesley Seale Dam Spillway Stabilization Project
SUMMARY: The project is proceeding ahead of schedule and is within budget. Dudng the
quarterly report to Council, Dr. Waters reported the geotechnical investigation and
inspection of the spillway chute would occur once the area was de-watered as scheduled.
The geotechnical results indicate a change order will be required to completely ensure the
stability of the spillway chute.
BACKGROUND: Geotechnical investigation of the spillway chute was programmed in the
Freese and Nichols' contract to be undertaken once the south spillway was de-watered.
The investigation could not be undertaken without de-watering which required completion
of the temporary outlet canal, and contractor action to increase the stability of the south
spillway.
FINDINGS: The results of the discharge chute geotechnical investigation have been
reviewed by Freese & Nichols and the City's Independent Board of Consultants (John
Focht, P.E. and Eric Kollgaard, P.E.). The results and proposed corrective actions were
presented to the City's independent Board of Consultants on Tuesday, May 16.
The investigation revealed uplift hydraulic pressure exists under the outlet chute. Minor
voids (up to 6-in.) were also observed under the chute. A series of minor cracks in the
chute floor were found. The cracks are stable, and appear to have been caused by a 1979
grouting repair. These cracks could ultimately expose reinforcing steel to corrosion.
CORRECTIVE ACTIONS: The corrective actions that were proposed include grouting of
voids, installation of a sedes of relief wells, shallow (~30') anchors, and a concrete oveday.
The relief wells will reduce the uplift pressure, and when combined with shallow anchors
ensure that the outlet chute is fully stabilized. The concrete overlay will protect the
reinforcing steel from corrosion. The overlay will also correct a deficiency in the hydraulic
flow of the spillway that creates a second source of uplift pressure
The Board concurred with the corrective actions proposed, but also recommended:
1. the installation of three additional relief wells in a "deep" sand formation (~30-ft.);
and
2. the use of a chemical grout to create a seal between a new steel sheet pile cut-off
wall and existing sheet piling.
H:\HOME~KEVINS\GEN\WATER\SEALE\CONSTRUCV"AEAMD9,BKG
EXHIBIT"A"
Page I of 2
171
The corrective actions require an amendment of the engineering contract to provide the
required design services. Additionally, the proposed amendment includes design services
to address additional maintenance, information, control, and video security systems at
Wesley Seale Dam (See Contract Summary - Exhibit D). The project is well advanced, and
all geotechnical issues have been now been explored. The proposed amendment will
allow all of the corrective actions recommended by Freese & Nichols and the Board of
Consultants to be completed.
PRIOR COUNCIL & ADMINISTRATIVE ACTIONS: (See E~hibit C)
FUTURE COUNCIL ACTIONS: Based on final review, the Council will be requested on
June 13 to consider authorization of a change order award to the contractor (ASI-RCC) to
complete the necessary repairs.
FINANCIAL IMPACT: The cost of the necessary actions cannot be determined until the
design services are completed. Estimates by the Engineer based on discussions with the
contractor indicate the change order will be well within the change order limit, and the
preliminary project budget presented to Council.
FUNDING: Funds are available from the Water Capital Improvement Fund.
RECOMMENDATION: Approval of the motion as presented.
H:\HOME\KEVINS\GEN\WATER\SEALE\CONSTRUC\^AEAMD9.BKG
EXHIBIT"A" J
Page 2 of 2
172
Z
LA FRUTA
BRIDGE
CZTY PROJECT 8202-8203
WESLEY SEALE DAM
SP2'LLWAY REHAB,TL,rTATION
CITY OF CORPUS CHRIST'I, TEXAS
LOCAT. Z'ON MAP
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17q
EXHZBZT "B"
CITY COUNCZL EXHZBZT ~
DEPARTMENT OF ENGINEERING SER~CES
PAGE: I of 1
DATE: 05-25-200~] ~
PRIOR COUNCIL & ADMINISTRATIVE ACTIONS
COUNCIL ACTIONS:
February 24, 1998 - Motion to authorize a contract with Freese Nichols in the amount of
$1,614,000 for engineering services to design the required repairs (M98-043).
June 23, 1998 - Motion to authorize Amendment No. 1 with Freese Nichols in the amount
of $400,000 for additional engineering services for Wesley Seale Dam (M98-223).
June 8, 1999 - Motion to authorize Amendment No. 6 with Freese Nichols in the amount
of $1,386,000 for construction phase services for Wesley Seale Dam (M99-172).
June 8, 1999 -Motion to authorize the award of a construction contract in the amount
$16,402,850 to ASI-RCC, Inc. for the Spillway Rehabilitation project at Wesley Seale Dam
(M99-171 ).
ADMINISTRATIVE ACTIONS:
Several administrative amendments to the contract with Freese and Nichols were issued.
The administrative amendments were no cost amendments issued for documentation
purposes. The amendments authorized and the Engineer to proceed with a modified
project scope. It was discovered during the design that it was not necessary to complete
certain tasks based on investigations and test results. However, other investigations and
design services were identified as necessary to the project. The tasks and services
deleted and added are indicated on the summary of fees of the Contract Summary (See
Exhibit D).
The administrative amendments included:
a. Amendment No. 2 - Modification of Sco
b. Amendment
c. Amendment
d. Amendment
e. Amendment
f. Amendment
No. 3 - Modification of Sco
No. 4 - Modification of Sco
No. 5 - Modification of Sco
No. 7 - Modification of Sco
No. 8 - Modification of Sco
3e - No change
9e - No change
~e - No change
}e - No change
~e - No change
~e - No change
in fee - (10/28/98);
~n fee - (11/19/98);
~n fee - (12/11/98);
~n fee - (2/8/99);
~n fee - (10/19/99); and
In fee - (01/28/00).
Administrative Change Orders issued were:
1. March 6, 2000 - Change Order No. I in the amount of $11,295 for additional chain
link gates and instrumentation protective covers.
2. May 1, 2000 - Change Order No. 2 in the amount of $1,351.35 for surge
suppression, new gate hoist motors, French drain system, additional sheet piling
and deletion of unnecessary jet grouting, relief wells, horizontal drilling.
3. May 18, 2000 - Change Order No. 3 Modification of Scope - No change in cost - for
geotechnical exploration holes, low flow chute slab/sand drains & test anchors and
deletion of portion of pumped release allowance.
174
H:\HOME~KEVINS\GEN~WATER\SEALE\CONSTRUC\^AEAMD9. EXC
I EXHIBIT "C" I
Page 1 of 1
CONTRACT SUMMARY
AMENDMENTNUMBER9
ADDITIONAL SERVICES
South Spillway Chute/Basin Rehabilitation - Provide design and constructions change-order
plans,(as distinguished for contract document for bidding purposes) technical specifications and
engineering opinions of probable construction cost for the following rehabilitation and stabilization
construction in the South Spillway Chute/Basin of Wesley Seale Dam. These engineering services
tasks are as follows:
a. Geotechnicol Field Investioation ProGram for the South SPillway Chute Foundation - Provide
the geotechnical planning and resident geologist for monitoring this investigation which will
involve the installation of approximately 20 each 4-inch diameter 30-foot deep core holes,
sampled continuously to explore the interface of the clay and sand zones beneath the chute,
to determine if piping voids are present. The geotechnical field work will be monitored by a
full time field geotechnical quality assurance (QA) person provided by Freese and Nichols.
b. Field Groutinc) Program - Voids in the foundation of the spillway chute found in Task 1 above,
witl be ~lled by a grauting and monitodng program designed by the Engineer for construction
by the contractor. Resident monitoring by a geologists familiar with grouting procedures will
be provided by Freese and Nichols.
Anchor System for Chute and Basin - An anchor tie-down system shall be designed to
counter balance uplift pressures and dynamic forces acting on the spillway chute slab and
basin. The anchors shall be of the passive steel-bar type. Construction monitoring will be
provided by a full time geotechnical QA person provided by Freese and Nichols.
Relief Wells for Uplift Control - An uplift pressure relief-well and vent system for the spillway
chute slab and stilling basin slab shall be designed for construction by ASI-RCC, the prime
contractor,. Construction monitoring will be provided by a full time geotechnical QA person
provided by Freese and Nichols.
Deep Sand Drains - Sand drains venting hydrostatic pressures in the deeper sand zone
beneath the south spillway chute shall be designed for construction by ASI-RCC, as the
prime contractor. The design shall include at least three drains and outlet works located
along the south side of the existing spillway chute and stilling basin and is to isolate the
deeper sand layer form the near surface layer. Construction will be monitored by a full time
geotechnical QA person provided by Freese and Nichols.
New Concrete Oveday Slab for Chute Slab - Design a new reinforced concrete slab that will
overlay of the south spillway chute slab. The overlay slab is required to protect the
reinforcing steel in the existing distressed chute.
Hydraulic Evaluation of Chute Modifications - Perform hydraulic calculations to vedty that
overlay modifications made to the spillway chute slab will not adversely effect the stilling
basin performance. This evaluation will be performed in concert with Task 5 above, to assist
in detailing the chute slab overlay.
Rehabilitation of Stillina Basin Floor and Rio Rap Downstream - Provide a design for
rehabilitation of concrete cracking and erosion in the south spillway chute stilling basin and
rip rap erosion control measures downstream of the concrete basin. Both concrete and rip
rap rehabilitation will be provide for in the design. The construction work is to he by the prime
contractor.
RiD RaP Erosion Protection RePairs in River Bed Downstream of South Basin - Provide a
design for repairing the rip rap providing erosion protection of the river bed immediately
downstream of the south spillway low flow stilling basin. The design is provide for
replacement of missing rip rap and the regrading of the rip rap protection. The design is to
support a change order for construction by the prime contractor,
Drainaae Trench Rehabilitation - Provide a design for repairing and restoring the drain
system located across the south spillway chute at approximately elevation 31 msl. This drain
is to be designed to relief uplift pressures in the shallow sand and immediately beneath the
chute. The design is to suppor~ a change order for construction by the prime contractor.
Construction will be monitored by a full time geotechnical QA person provided by Freese and
Nichols.
Exhibit D
Page 1 of 5
H:\HOME~KEVINS\GEN\WATER\SEALE\CONSTRUC\^AEAMDip:F:SXD
35.
36,
Miscellaneous Maintenance Improvements - Provide engineering assessments, design and
construction plans, technical specffications, and engineering opinions of probable construction cost,
as appropriate, for the development of a construction change-order to construct or perform the
following tasks:
a. Assessment of Dam Improvements - In consultation with the City Staff prepare an
assessment of additional maintenance and safety related improvements applicable to Wesley
Seale Dam. The items identified will be pdodtized and conceptual cost estimates prepared.
Cost savings related to these improvements will be identified.
b. Safety Ladders - New OSHA approved caged ladders will be designed that extend from the
top of the intake structure located at the right abutment of the south spillway to the bunget
valve within the intake tower (three levels) and from the pedestrian bridge to the deflector
beam level below gate 27 of the south spillway and from the deflector beam to the top of the
new spillway ballast at the same location. New ground fault protected lighting is to be
designed for the bunger valve chamber.
Maintenance Cart Storaoe Area - Modifications to the existing pedestrian bridge at its
junction with the intake tower of the south spillway are to be designed to provide for a
turnaround and storage area for the gate maintenance vehicles.
Maintenance Boat Ramp - A new 36-feet wide reinforced concrete maintenance boat ramp
is to be designed for locating at the right abutment of the south spillway. Nationwide 404
permitting assistance to be provided for the maintenance boat ramp.
North Embankment SeeDaoe Control System - A surface drainage and control system for the
north embankment seepage is to be designed and costed at a conceptual level.
Extension of Dam Access-wav to Rioht Abutment - A conceptual design and cost estimate
is to be provided for extending the existing pedestrian bddge across the south spillway gates
around the upstream side of the concrate intake structure at the right abutment of the south
spillway. The purpose of this structure is to provide reduce response times to the north
spillway gates which are manually operated. A final design will be developed for this access-
way in sufficient detail to be constructed by a change-order to the ASI-RCC contract if
directed by the City. The final design effort, if selected to be implemented by the City, will be
performed for an addition fee of $14,500.
Irrigation System for North Embankment - Design is to be provided for an irrigation system
for the downstream slope of the north embankment of Wesley Seale Dam. The system will
pump water from the lake at the north end of the north spillway and will have appropriately
sized ground storage tanks pumps and piping located at or along the north embankment of
the dam.
Raise Embankment Crest to El. 106 msl. - Provide design plans and specifications to restore
the north, center and south embankment crests to elevation 106 msl. The embankments
have settled since constructed from one to two feet. The restoration of the original
embankment height will improve the capability of the spillways to pass a greater percentage
of the probable maximum flood thus increasing the flood safety of the dam.
Weir Gaoe for the South Spillway Hearth Basin - Provide design plans and specifications for
a water level gage located an appropriate distance upstream of the concrete hearth weir in
the south spillway hearth. This gage is to be remotely read by the City maintenance
personnel.
C=
Information and Control System - The Engineer will provide final design and construction - phase
services for the routing of the dam's information and control (I & C) system from the existing control
building on the south spillway to the new administration building and for an assessment of the water
system's I & C system as follows:
a. Prepare detailed designs, layouts, drawings, and technical specifications for the current dam
stabilization contractor to route the I & C system by buried conduits.
b. Prepare graphic screen layouts and specifications for a contractor provided systems
integration subcontractor to relocate the crest gate control system operator station and to
integrate the crest gate control information into the spillway monitoring and control system
graphics display software.
Exhibit D
176 Page 2 of 5
H:\HOME\KEVINS\GEN\WATER\SEALE'.CONSTRUC\^AEAMD9.EXD
40.
Prepare an opinion of probable construction cost for the improvements to be constructed
Prepare an assessment of the City's existing and proposed Water Department I & C systems
for compatibility with the I & C system at the dam.
Prepare an "Issued for Review" report of the findings and recommendations for the
integration of the Cities' Water Department and Dam Monitoring I & C systems.
Prepare a preliminary opinion of probable cost to integrate the Water Department's I & C
systems. Identify potential cost savings associated with the I & C system improvements.
Conduct two (2) bdefing meetings with the City to discuss the progress and the findings of
the designs and assessments.
Video Security System - The Engineer will prepare a preliminary design of a video security
surveillance system at the dam, including the embankments, spillways, administration building, and
shop buildings.
Section IV, FEE, is amended by the revision of the Summary of Fees (Table 1 ) attached as Exhibit A.
EXHIBIT A
Table1 Summary of Fees:
Task I Description ~ Fee
PHASEI
ORIGINAL CONTRACT
Basic Services
A.1 Preliminary Phase Previously Completed
A.2 Design Phase $1,196,000
A.3 Bid Phase $35,000
Basic Service $1,231,000
Additional Services
B.1
B.2
B.3
B.4
B.5
B.6
b.7
B.8
Hydraulic Spillway Model
Geotechnical Investigation Plan
Instrumentation Reports
Alignment Surveys
Precision Monument Survey
Spillway Gate Operation Study
Slope Stability Analysis for Embankments
Basis of Design Report
AMENDMENT NO. 1
B.9
B.10
Additional Service
Original Contract (2/24/98 - M98-043)
Anchor Test Program North Spillway
Relief Well Test Program Both Spillways
$130,000
$30,000
$16 000
$13 000
$84 000
$10 000
$50 000
$50 000
$383 000
$1,614,000
$150,000
$70,000
Exhibit D
Page 3of5
H:\HOME~,KEVINS\GEN\WATER\SEALE\CONSTRUC\^AEAMD91E~
B.11 Data Reduction and Plotting Wesley Seale Dam
B.12 Roller Compacted Concrete Test Mix Design
B.13 North Spillway Transition Beam Investigation
Amendment No 1 (6/23/98 - M98-223) Additional Services
AMENDMENT NO. 2
B. 14 Survey of Outflow Channel
B.15 Deletion of Task II. B.13 (North Spillway Transition Beam)
B.16 Additional Service Contingency
Amendment No. 2 {10/28198) Additional Services
AMENDMENT NO, 3
B,16 Additional Service Contingency (fee reduction to $50,300)
B.17 Remote Instrumentation Monitoring and Needs Assessment
Amendment No. 3 {11/19/98) Additional Services
AMENDMENT NO. 4
B.16 Additional Service Contingency (fee reduction to $28,300)
B. 18 Third Order Layout Survey / Additional Drawings
Amendment No. 4 (12/11198) Additional Services
AMENDMENT NO. 5
B.16 Additional Service Contingency (fee reduction to $840)
B.19 Preliminary Hoist Design - South Spillway Gates
B.20 Preliminary Electrical and Control Systems Design
B.21 Final Design of Hoists, Electrical and Control Systems
Amendment No. 5 (2/8199) Additional Services
Amendment No. 6
Basic Services
A.4 I Construction Phase
Additional Services
B.22
PhaselBasicServicesSubtotal
PhaselAdditionalServicesSubtotal
PHASEI-TOTALFEE
PHASEII
I Resident Project Representation
$10,000
$70,000
$100,000
$400,000
$7,700
($100,000)
$92,300
$0
($42,000)
$42,000
$0
($22,000)
$22,0OO
$0
($27,460)
$25,110
$2,350
to be negotiated
$0
$1,231,000
$783,000
$2,014,000
470,500
$722,800
Exhibit D
178 Page 4 of 5
H:\HOME~KEVINS\GEN%WATER%SEALE~CONSTRUC\^AEz~MD9,EXD
B.23
B.24
B.25
B.26
B.27
B.28
B.29
B.30
B.31
Instrumentation Readings
Construction Status and Instrumentation Reports
Precision Survey Analyses and Reviews
Coord. Meetings with City and Board of Consultants
Instrumentation Monitoring and Maintenance Plan
Instrumentation Data Reduction and Plotting
Spillway Chute Boring Logs and Evaluations
South Spillway Crest Gate Actuator Motor Test Program
Remote Instrumentation Programming Support
Additional Service Subtotal
Amendment No. 6 Subtotal
AMENDMENTNO. 7
S. 28
B.32
Instrumentation Data Reduction and Plotting
Assistant Resident Project Representation
Amendment No. 7 Subtotal
AMENDMENT NO. 8
B.28 Instrumentation Data Reduction and Plotting
B.33 Lift Off Tests of North Spillway Anchors
Amendment No. 8 Subtotal
AMENDMENT NO. 9
B.22 Resident Project Representation (decrease by 26 weeks)
B.34 South Spillway Chute/Basin Rehabilitation
B.35 Misc. Maintenance/Safety Improvements
B.36 Information and Control System
B.37 Video Security System
Amendment No. 9 Subtotal
Phase II Basic Services Subtotal
Phase II Additional Services Subtotal
PHASE II - TOTAL FEE
TOTAL AUTHORIZED FEE - PHASE I & II
$104,000
$46,900
$42,500
$136,400
$51,000
$110,800
$26,300
$78,500
$66,800
$1,386,000
$1,856,500
($26,520)
$26,520
$0
($2,280)
$2,280
$0
$(140,400)
$230,000
$131,000
$84,000
$40,000
$344,600
$470,500
$1,730,600
$2,201,100
$4,215,100
H:\HOME\KEVINS\GEN\WATER\SEALE\CONSTRUC\^AEAMD~.E~D
Exhibit D
Page 5 of 5
CITY COUNCIL
AGENDA MEMORANDUM
MAY 26, 2000
AGENDA ITEM:
Amending Ordinance No. 23702 which adopted the FY99-00 budget by increasing the
appropriations in certain funds, adjusting the amounts of certain interfund transfers, and
decreasing revenue estimates and declaring an emergency
ISSUE:
A smaller than project~ beginning balance in the General Fund combined with a projected
shortfall in FY 00 will require action to ensure an adequate ending balance.
BACKGROUND:
During discussion of this issue at the May 16 Council meeting, the City's outside auditing
firm raised questions about the proposed changes in administrative charges as wall as the
proposed allocation of the contribution to the Economic Development Corporation. Since
that time, the staff has worked with KPHG, the firm which prepares the City's
admini~tf,~tive cost recovery plan and the outside auditors to review the recommendations
for mid-year adjustment including the increases in administrative charges. As a result of
that discussion, the staff and the auditors have reached agreement on those issues. The
agreement has been incorpora~.ed into the attached ordinance.
FINANC/AL ZNPACT: The actions proposed increase adminisbative cost reimbursements
to the General Fund in FY 00 totaling $778,969, increase revenues by $720,830 and reduce
expenditures by $ 709,433 for a total impact of $ 2,209,232.
RECOMMENDAT[ON: Approval of the Ordinance as submitted and approval of the
revenue and expenditure actions as recommended by the City F4anager.
~ager
180
ADDITIONAL
BACKGROUND INFORMATION
On April 25, staff informed City Council of a shortfall in the FY 00 General Fund Budget and
recommended a number of actions to improve the fund's position in anticipation of continued
financial difficulties projected for FY 01. At that time, Council asked that the item be removed from
the agenda and that this issue be placed on the Council Retreat agenda for an extensive briefing and
Council discussion. On May 2, at the retreat, staff briefed Council on the General Fund results for
the last two years, discussed alternatives for mid-year action, and presented a revised Five Year
Forecast in light of this additional information. At the conclusion of that discussion, Council asked
that the recommended actions be review with the City's outside auditing firm, Collier Johnson and
Woods, and financial advisor, M.E. Allison, with those firms to report to Council. On May 16, the
two outside firms presented their comments to City Council. Staff was asked to address the concerns
raised by the firms relative to the Administrative Cost increases and the allocation of the Economic
Development Corporation costs.
Over the last two weeks, staff has worked with the auditors and KPMG, the consultant on
administrative costs, in an effort to reach agreement on the issues raised. As a result a number of
changes have been agreed to:
Administrative Costs: The three areas of concern were charges for Legal sen, ices and the inclusion
of the Collection Department and additional phone charges in the Administrative Cost plan. A_Pter
review, we agree that the Collection costs shotrid not be included and that the phone charges should
also be deleted. After extensive review of work data, the auditors have agreed to an allocation of
30 percent of the costs of the Legal Departments costs as compared to the recommended allocation
of 34 percent. These changes in the administrative cost reimbursement will result in an increase in
revenue to the General Fund of $778,969 as compared to the original increase of $ I,055,625.
Economic Development Corporation Allocation: The auditors expressed concern about the proposed
allocation of the contribution to the EDC on an equal split among the General, Water, Wastewater,
and Gas budgets. In lieu of this allocation, the auditors recommend that the cost be divided on a
percentage basis using General Fund Property Tax and Sales Tax revenues and Utility Fund operating
revenues. Using this formula, the General Fund share would be $168,753 and the utility funds would
share the balance of $206,247. Under the auditors formula, the General Fund share increases by
$75,003.
181
Table I shows the recommended revenue and expenditure changes. Table 2 shows the final
administrative charges.
Revenues
Table 1
Recommended Revenue & Expenditure Actions
1 Implementation Of a revised Street Recovery Fee -
Assessed to Utilities
2 Increase Fire Hydrant Maintenance Rate
Total Revenue Impact
Expenditures
3 Cost for General Fund Contdbution for Economic
Development will be distributed with the Utilities, based on
~ di.~trihHtinn mpfhncl _Rr~rnved hy thF, C'.ily'g AHcJitnr~
4 Reduction of charges for senices from the Self Insurance
Fund due to lower than budgeted claims costs.
5 Eliminate the summer Middle School recreational program.
Dudng the previous summer. this program served 267
youths. At this time, there are other existing recreational
and program altematives within the community.
Total Expenditure Impact
Amount
$667,400
$ 53,430
$ 720,830
(206,247)
( $ 475,330)
($ 27,856)
($ 709,433)
Total Fund Balance Impact:
$1,430,263
Table 2
Amount In Adopted
Budget
Final Amount In Adjustmen
Full Cost Plan t
Visitors Facility Fund
Gas Fund
X~rastewater Fund
Water Fund
Airport Fund
Ambulance Fund
Golf Centers Fund
Marina Fund
365,646
760,701
768,208
1,305,758
204,193
303,486
76,972
52,121
3,837,085
348,892 (16,754)
932,945 172,244
945,481 177,273
1,761,139 455,381
204,686 493
280,679 (22,807)
91,363 14,391
50,869 (1,252)
4,616,054 778,969
182
ORDINANCE
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.
WHEREAS, the current fiscal year revenue shortfall, greater than projected budgeted
expenses, and a lower than projected beginning fund 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 I. That $1,960,040 is appropriated from unreserved fund balances as follows:
No. 1020 General Fund $487.742 and Combined Utility System Fund $1,472,298.
SECTION 2. That Ordinance No. 023702, which adopted the FY 99-00 budget, is mended
by adjusting the mounts of certain interfund transfers according to the tables in E,,chibit A of this
ordinance, which is incorporated by reference and made part of this ordinance.
SECTION 3. Ttmt Ordinance No. 023702, which adopted the FY 99-00 budget, is mended
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 role that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the__ day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary,
LEGAL FORM APPROVED
~L~a~guila~~
By:
Assistant City Attorney
Samuel L. Neal, Jr., Mayor
2000: JAMES R. BRAY, JR., CITY ATTORNEY
183
Corpus Christi. Texas
Day of ,2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring
suspension of the Charter role 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 Longoria
Mark Scott
LOA\ord2.or2.146
184
EXHIBIT A
AMENDMENT TO INTERFUND TRANSFERS
2.
3.
4.
5.
6.
7.
8.
TRANSFERS IN:
No. 1020 GENERAL FUND
Increase in Administrative Service Charges- Golf Centers Fund
Increase in Administrative Service Charges- Gas Division
Increase in Administrative Service Charges- Wastewater Division
Increase in Administrative Service Charges- Water Division
Increase in Administrative Service Charges- Airport Fund
Decrease in Administrative Service Charges- Ambulance Fund
Decrease in Administrative Service Charges- Visitors Facility Fund
Decrease in Administrative Service Charges- Marina Fund
TOTAL TRANSFERS IN
TRANSFERS OUT:
No. 4690 GOLF CENTERS FUND:
Increase in Transfer to General Fund
UTILITY SYSTEM FUND:
1. Increase in Transfer to General Fund - Gas Division
2. Increase in Transfer to General fund - Wastewater Division
3. Increase in Transfer to General Fund - Water Division
No. 4610 AIRFORT FUND:
Increase in Transfer to General Fund
No. 4680 AMBULANCE FUND:
Decrease in Transfer to General Fund
No 4710 VISITOR FACILITY FUND:
Decrease in Transfer to General Fund
No. 4700 MARINA FUND:
Decrease in Trarmfer to General Fund
TOTAL TRANSFERS OUT
$ 14,391
172,244
177,273
455,381
493
(22,807)
(16,754)
(1.252)
$ 778,969
$ 14,391
$172,244
177,273
455.381
804,898
493
(22,807)
(16,754)
$778,969
fm/cxa~b
185
EXHIBIT B
REVENUE ESTIMATE INCREASES
2.
3.
4.
5.
6.
7.
NO. 1020 GENERAL FUND
Increase in Fire Hydrant Maintenance revenue
Implementation of Street Recovery Fee revenue
Increase in Administrative Service Charges - Gas Division
Increase in Administrative Service Charges - Wastewater Division
Increase in Administrative Sen, ice Charges - Water Division
Increase in Administrative Service Charges - Airport Fund
Increase in Administrative Service Charges - Golf Centers Fund
TOTAL INCREASE IN REVENUE ESTIMATES
$ 53,430
667,400
172,244
177,273
455,381
493
14.391
$1,540,612
fm/exa@b
186
CITY COUNCIL
AGENDA MEMORANDUM
DATE: May 18, 2000
AGENDA ITEM: Motion approving the application from the Corpus Christi Offshore Racing Association
to temporarily close the following street sections in conjunction with the East-West Powerboat Shoot-Out
and related activities, June 9 - 11,2000:
1. Northbound Shoreline Boulevard (inside lane and parking lane), from the north right-of-way
of Interstate 37 to the Barge Dock entrance, beginning 9:00 am, June 6 until 6:00 pro, June 7,
and from 6:00 pm, June 12 until 6:00 pro, June 13, 2000;
2. Southbound Shoreline Boulevard (inside lane and parking lane,), from the north right-of-way
of Interstate 37 to the south right-of-way of Hughes Street, beginning 9:00 am. June 6 until 6:00
pro, June 7, and from 6:00 pm, June 12 until 6:00 pm, June 13, 2000;
3. Northbound Shoreline Boulevard (full street closing), between the north right-of-way of
Interstate 37 and the south right-of-way of Hughes Street, beginning 6:00 p.m., June 7 until 6:00
p.m., June 12, 2000;
4. Southbound Shoreline Boulevard (full street closing), between the north right-of-way of
Interstate 37 and the south right-of-way of Hughes Street, beginning 6:00 pm, June 7 until 6:00
p.m., June 12, 2000;
5. Northbound Shoreline Boulevard (parking lane and sidewalk area) between this north right-
of-way of Interstate 37 and Taylor Street, beginning 1:00 pm, June 5 until 6:00 p.m., June 13,
2000.
ISSUES:
1. The Corpus Christi Offshore Racing Association in conjunction with E. M. Marketing are sponsoring
the 2000 East-West Powerboat Shoot-Out. This event necessitates the temporary closing of sections
of Shoreline Boulevard, some abutting sidewalk area, and use of the median areas and Barge Dock as
depicted in Attachment 1.
2. The applicable special event street closing ordinance specifies that there be no admittance fee to
public events requiring street closings. Integral to the applicant's plan for this event is a gate fee of $5.
Children under 16 will be admitted free when accompanied by an adult.
PRIOR COUNCIL ACTION:
1. Approved street closings for 1998 East-West Powerboat Shootout (M98-138, 4/28/98).
2. Approved street closings for 1999 East-West Powerboat Shootout (M99-182, 6/15/99).
REQUIRED COUNCIL ACTION:
1. Permits for public event street closings affecting major streets must be appreved by the City
Council.
RECOMMENDATION: Approval of the proposed street closings.
Tony Cisneros
Director of Park & Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information
Attachment I - Site Plan
Attachment 2 - Offshore Racing Association Use Agreement
(East-West Powerboat Shoot Out, Page I of 3)
188
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Historical:
The East-West Powerboat Shoot-Out was held in Corpus Chdsti for 3 years, 1991-1993. E. M
Marketing and a Houston based powerboat club sponsored the race. The event did not return to Corpus
Chdsti after 1993 for several reasons, most notably: 1) the T-Head location did not provide adequate
physical space and traffic was congested: 2) additional sponsor dollars were necessary and; 3) there was
not a local power boat club.
Interest for this event in Corpus Christi regained renewed interest in 1998 on the part of the Greater
Corpus Chdsti Business Alliance which considered this event to have potential for significant economical
and recreational benefit to the local community and visitors alike. The Alliance and E. M. Marketing, a
Houston based powerboat club, collaborated to form the Corpus Chdsti Offshore Racing Association to
bdng the Shoot-Out back to Corpus Chdsti. Subsequently. the East-West Powerboat Shoot-Out was
held in Corpus Chdsti in June, 1998. The Convention and Toudst Bureau supports the continuation of
this event on an annual basis.
Impact on Access to the Bayfront Arts and SCience Park Facilities:
Closing of Shoreline Boulevard typically hinders access to the Bayfront Arts & Science Park, particularly
for Convention Center activities. Proposed street closings are coordinated with the Convention Center
management. Diractional signage is provided as part of the traffic control plan to direct access to the
Convention Center by way of Interstate 37 and Chaparral Street, and full street closings on Shoreline
Boulevard are being executed as close as possible to the beginning of the event.
In discussion of this event with the management of the Convention Center, the management advised
that there are vadous conventions occurring dunng the proposed street closures and that there is a need
to maintain access to the Convention Center via Hughes Street. Therefore, access to the Convention
Center via Hughes Street well be accomplished by way of Water Street as depicted on Attachment 1.
Compliance with Public Event Street Closing ReQuirements:
The applicant has agreed to comply with requirements of the City's ordinance governing public event
street closings, This includes (a) responsibility for site traffic control barricading, (b) reimbursing the City
the greater of either 4% of gross receipts derived from the event or all costs incurred by the City in
support of the event, (c) site security and (d) obtaining 100% approval of all property owners abutting the
requested street closings. With regard to the ordinance specification that admittance of the public to the
special event to be flee, the agreement negotiated between the City's Park & Recreation Department
and the event organizer allows the event organizer to charge an admission fee (See discussion next
page).
Traffic Control:
Traffic near the event site will be controlled with application of a detailed traffic control plan devised by
the Traffic Engineering Office and Police Department. In last year's event, there were no major traffic
congestion problems observed or reported. Pdmary access to and from the Convention Center and other
activities in the Bayfront Arts & Science Park will be provided via Chaparral Street and Mesquite Street.
In addition, access to the Convention Center will be provided via Water-Hughes Streets - northbound
Shoreline Boulevard as illustrated on Attachment 1.
(East-West Powerboat Shoot Out, Page 2 of 3)
189
Use Aqreement and Admission Fee:
The East-West Powerboat Shoot-Out 2000, is covered under a one-year use agreement(Attachment 2)
between the City and the Corpus Christi Offshore Racing Association approved by the Park & Recreation
Department on May11, 2000. Under the terms ofthis agreement, the Corpus Christi Offshore Racing
Association is permitted non-exclusive and exclusive use of Shoreline Boulevard, sidewalks, medians
and seawall along Shoreline Boulevard, as well as the barge dock as shown on Attachment 1. Also,
under the use agreement, the Corpus Christi Offshore Racing Association is allowed to charge an
admission fee. This year the event organizer plans an admission fee of $5.00/person. Children under
sixteen years of age will be admitted flee when accompanied by an adult. Proceeds from this year's
event will be used to cover expenses incurred and start-up of a repeat event in Corpus Christi in the year
2001.
Estimated Attendance:
Last year, the East-West Powerboat Shoot-Out generated an estimated attendance of over 10,000
persons. The event organizere anticipate an attendance of approximately 15,000 persons for the
proposed 2000 event.
Event Safety:
A concern surfaced from the 1999 East-West Powerboat Shoot-Out event regarding potential hazards
to the public associated with the proximity of re-fueling of the powerboats dudng the event. The Fire
Marshall has been made aware of this concern and will arrive at a solution with the event organizer prior
to the event.
190
(East-West Powerboat Shoot Out, Page 3 of 3)
STREET USE AREA
PARKING LANE AND SIDEWALK USE AREA
MEDIAN AND BARGE DOCK USE AREA
ACCESS ROUTES TO CONVENTION CENTER
~CITY COUNCIL EXHIBIT
SUBJECT: · EAST-WEST POWER BOAT SHOOT-OUT"
STREET CLOSURE - 2000 191
ATTACHMENT 1
Traffic Engineering Div.
Engineering Services Dept.
ATTACHMENT 2
CORPUS CHRISTI OFFSHORE RACING ASSOCIATION
USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL PERSONS BY THESE PRESENTS:
This Use Agreement is hereby entered into between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City."), and the Corpus Christi Offshore Racing Association, ("Association")
acting through its duly designated agent. in consideration of the covenants contained herein.
1. Definitions.
City - means the Ci.ty of Corpus Christi, a Texas home-rule municipal corporation.
Association - means the Corpus Chris~ Offshore Racing Association, a member of the
American Powerboat Association.
Association's Agent - means a duly authorized representative of the Corpus Christi
Offshore Racing Association.
Premises - means the site for the East West Powerboat Shootout, more fully described in
the attached and incorporated Exhibit A, B and C.
Event - means the annual boat racing Event related to and sponsored by the Coxpus
Christi Off-shore Racing Association.
City Manager - means the City Manager or his designee.
Park Director - means the City' ~,Direcwr of Park and Recreation or his designee.
City Traffic Engineer - means the City's Traffic Engineer or his designce.
Police Chief- means the City' s Police Chief or his designee.
Risk Manager - means the City 's DLrector of Risk Management or his designce.
City Attorney - means the City's City Attorney or his cresignee.
Term - means the dates the user agreement will be in operation.
Security Officers - means any off-duty Police Officer, Deputy Sheriff Officer (or
licensed Security Guard if permitted under the terms herein).
Term. This Use Agreement is for a term of 9 days, June 5-13, 2000. The Association will be
entitled to non-exclusive use (for purposes of set-up and takedown) of the Premises June 5-7 at 6
p.m. and June 12 fi'om 6 p.m. through June 13, 2000 and for exclusive use beginning at 6 prn,
June 7. 2000 through 6 p.m. June 12, 2000.
Premises. City grants to the Association use of the following described City property to
conduct the annual East West Powerboat Shoolout:
BDM~00x2710.02
192
Exhibit A. Shoreline Premises Map - Northbound and Southbound
Shoreline Boulevard from the north right-or:way of IH-37 to the
north right-of-way of Hughes Street, and Shoreline (a) the area
from the top curb of the Seawall steps to the west right-ot:-way of
Southbound Shoreline Boulevard, (b) median and crossover areas
with the above limits. (c) the Barge Dock, (d) the parking lanes of
each of Power. Palo Alto, Fitzgerald, and Resaca Streets between
Water Street and Shoreline Boulevard. and (e) the Seawall and
walkway from the Barge Dock to Taylor Street, said area being
more fully described in Exhibit A.
Exhibit B - Marina and Vendor Site Map, will define areas within
Cole Park and South Cole Park at Oleander Point, along the
Seawall, the Marina and the Barge Dock that are to be used during
the Event. Association must pay Manna $00.01 per square tbot per
day, for all Marina areas used, (excluding vendor areas) as well as
rental for in-water boat storage of patrol, medical and media boats.
In addition, vendors along the Seawall must follow the Marina's
vendor policies. Association must provide access to launch ramps
for public and commercial use. Ramps are shown in Exhibit B.
Premises.
Exhibit C shows the fenced in portion of the Event
Premise Revisions. Use of additional City-owned areas not included in the Premises as
described in Exhibit A, B and C requires prior written approval from the Park Director. No
concession stands, rides or other appahatus connected with the Event may use the graased or
shrubbed areas within the Premises without prior written permission from the Park Director.
If Exhibit A, B and C are revised, a new Exhibit A, B a.nd C will be filed with the Padc
Director and City Secretary and shall supersede the existing Exhibit A, B and C. Any new
Exhibit A, B and C becomes effective upon their approval by the Park Director and filing with
the City Secretary.
Association must not interfere with the Federal Courthouse Project and any newly landscaped
areas must be protected during the event.
Event Layout Diagram. The Association's Agent must provide the Park Director with a
diagram explaining the final Event layout for all related activities at least two weeks prior to the
Event. Layout of the Event is subject to the approval of the Park Director.
Special Event Fee. The Association must pay City a one-time Special Event Permit fee of $30
as per City ordinance.
BDIVlX00~7 10.02
193
10.
Payment of City Costs. In consideration for the use of the Premises the Association will pay
the City. within 60 days after the Event ends. the actual costs incurred for services rendered,
including all City services provided by departments other than Park &: Recreation and Police.
The Park Director will invoice the Association for such costs within twenty (30) calendar days
after the Event; the invoice will provide an itemized breakdown of the City charges for services
rendered. Upon receipt of written request from the Association's Agent, the Park Director will
t~a'nish reasonable supporting documentation of the charges ,within ten (I0) calendar days. If
there is a hurricane or other storm event that reduces attendance at the Event by more tha~ 50%
t~rom the prior year's attendance levels. the City Manager is delegated the authority to adjust the
billing of City's Direct Costs.
Direct
tO~
1.
Costs. City's Direct Costs in assisting with th~ Event may include but are not limit~l
Damages to City. property as a result of the Event that are not repaired by the Association.
.-hay repairs the City. is tbrced to make will be billed to the Association at the cost of
repair.
Costs of labor contracted for clean up, or additional clean up required by the Director of
relevant City Deparunents, at applicable City rates. The Association will be given the
opportunity to hire and work its own clean-up crew during and after the Event.
Costs of police officers provided for security, crowd control, traffic control and off-sit~
traffic control, at applicable city rates. The Association will pay 100% of City costs for
Event services and 75% of police overtime which includes, but is not limited to, costs for
crowd and traffic control at the comer of Shoreline and Coopers Alley.
Costs for additional directional signage, barricades, and cones or other supplemental
traffic control devices provided by the City.
Costs for any other services requested by the Association's Agent and provided by City.
City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes.
The Association will pay City's Direct Costs as billed, if any. within 30 days after City tenden
invoice to the Association.
Planning Meeting. Prior to the Event the Park Director, Street Director, Police Chief, and
City Traffic Engineer will meet with the Association represenlatives to agree on City Services to
be provided and discuss the costs of the City Services for the Event. The Association's Agent
may request additional meetings.
Deposit The Association must pay a deposit of $500 at least one month in advance of the
Event. If paid by a check, it must be a cashier's or certified check and must be made payable to
the City of Corpus Christi. The deposit will be used to reimburse the City for any costs or direct
costs incurred for trash pick up or removal of any structures or repairs to City property. If no
costs are incurred and Direct Costs are paid, the deposit will be returned to the Association
within 30 days after the Event.
B DMX00X2,7 10.02
194
11.
i2.
13.
Emergency Contact Numbers; Notice. Emergency contact numbers must be provided,
City. Marina and Park Staff one week in advance of the Event. Association must notify, by
phone, the Park Director immediately of any Event changes due to uncontrollable circumstances.
Notice may be given by fax. hand delivery, or certified mail. postage prepaid. and is deemed
received on the day faxed or hand delivered or on the third day after deposit if sent certified mail.
Notice must be sent as follows:
If to Ci~:
If to Association:
Director of Park and Recreation
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
FAX (361) 880-3864
Ms. Elaine Motl
E.M. Marketing
4838 Holly Road, Suite 206
Corpus Christi, TX 78411
(361) 985-1555
FAX (361) 985-1559
Public Notices. Association at its own expense must provide Marina Superintendent
Public Notices. detailing the Event's scheduled activities, at least three weeks prior to the Event
to allow for distribution to the public, Marina tenants and commemial entities. All postal
expenses incurred by the City Marina will be billed to the Association as per Section 7.
Temporary Street Closures. Association must make application to and receive permissior
from the City for the temporary closure to traffic of northbound Shoreline Boulevard North of lI-~
37 in accordance with City ordinances. A portion of the east leg of Shoreline Boulevard will be
open for continuous northbound traffic flow into the Convention Center and Art Museum up
until the first day of the Event. Except as set out in the temporary closure ordinance, the
Association must not obstruct or interfere with traffic on Shoreline Boulevard, either northbound
or southbound at any time. Upon confirmation of street closures by the City Council, the
Association may block off (except to local traffic) the sectiqns of Hughes, Resaca, Fitzgerald,
Palo Alto and Power streets between Shoreline Boulevard and North Water Street for the
purpose of placing support services and equipment associated with the Event, in accordance with
a site use plan approved by the City Traffic Engineer and Park Director,
The Association must provide the City Traffic Engineer and the Park Director its sire plan for the
Event, application for the requested street closure, and proof of all affected property owner's
approval of the proposed temporary. street closure not later than April 30, 2000. All sweet
closures are subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be
amended, and require the City Council to confLrm such closures. The decision to confirm the
closure of the sweets is within the sole discretion of the City Council acting upon the application
at the time the application is submined.
BDMX00x2710.02
195
14.
I6.
18.
19.
Parking. The Association will provide parking and signage tbr people with disabilities in
close proximity to the Event entrance and its related activities as defined on the Premises map
(Exhibit A). In addition. the Association will provide 5 parking passes, if passes are needed, for
City personnel scheduled to work dunng the actual Event. Pre-Event publicity must include
parking restrictions and options.
Barricades, Traffic Signs. The Association must provide for the installation and maintenance
of all required barricades. ttaffic signs. signs to limit public viewing areas. and other tra~c
control devices for the safe control of vehicular and pedestrian traffic at and external to the
Premises as set forth in the traffic control plan approved by the City's Traffic Engineer for this
Event. The City Traffic Engineer may require the Association to provide temporary dire~tiona]
signage to the nearby attractions/facilities affected by any street closures and traffic circulation
azotmd the Event. The Association must pay the cost of all additional signage.
The Association must provide at their expense. as per Section 7. certain barricades and Security
Officers in sufficient number. as determined by the City's Chief of Police, to provide for internal
security for the Event. including setup and takedon time and along the Breakwall in the
Marina. Association mast also provide Security Officers (City Police Officers only) for tra~c
control at Shoreline and Cooper's Alley. In addition, after hour security must be provided in the
crane and patrol boat dock areas by Association. The City's Chief of Police may require
additional security.
Signage and Advertising. On Premises signage and advertising proposed for the Event must
receive the Park Director's prior written approval. The Association's Agent may request
inflatable advertising for only those events that receive national television exposure; all sur..h
signs must be pre-approved by the Park Director prior to being installed.
Rest Rooms, Drinking Water and First Aid. The Association must provide drinking water
for the public. The Association must also provide adequate portable resn-ooms in both the
viewing area and the Marina. including restrooms for people with special needs, as determined
by the Park Director. A first aid station must be provided .at both the viewing area and the
Manna. All these items must be provided throughout the duration of the Event.
Insurance. The Association must secure and maintain at the Association's expense during the
term of the Use Agreement, a Commercial Gtneral Liability insurance policy with the limits and
requirements shown on the attached and incorporated Exhibit D. The Certificate of Iusurance
must be sent to City's Risk Manager and must provide thirty (30) days written notice of
cancellation, intent to not renew or material change of any coverage required herein. Association
will provide copies of all insurance policies to the City Attorney upon the City Manager's
written request.
Indemnit7. To the extent allowed by Texas Law, the Association, its officers,
members, partners, employees, agents, and licencees ("Indemnitors") hereby fully
indemnify, save and hold harmless the City of Corpus Christi, its officers,
B DM~00LT.710.02
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196
20.
21.
employees, agents, licensees, and invitees Clndemnitees") against any and.
liability, damage, loss, claims, demands and actions of any nature whatsoever o,,
account of personal injuries (including, without limitation on the foregoing,
worker's compensation and death claims), or property loss or damage of any kind
whatsoever, which arise out of or are in any manner connected with, or caused by,
or are claimed to arise out of or be in any manner connected with, or caused by,
either proximately or remotely, wholly or in part, an act or omission, negligence or
misconduct by Indemnitors or Indemnitees or any of Indemnitor's agents, servants,
employees, contractors, patrons, guests, licensees, or invitees entering upon the
Premises (as described in Section 3 of this User Agreement), including but not
limited to, those portions of Shoreline and the Marina that are closed and the
adjacent portions of the road median and the seawall to participate in, hold, attend,
or observe in the Powerboat Races and associated activities with the expressed or
implied invitation or permission of Association, including but not limited to
exposure to the hazards commonly associated with large crowds, street closures,
third party food preparation and distribution, high speed boat racing, and excessive
heat; or when any said injury or damage is the result, proximate or remote, of the
violation by Indemnitees, Association, or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees of any law, ordinance, or
govemmental order of any kind, or when said injury or damage may in any other_
way arise from or out of the improvements located on the Premises herein or out ~
the use or occupancy of the improvement to the Premises or the Premises itself by
Indemnitees, Association, its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees. ,
The terms of indemnification are effective whether said injury or damage may
result from the sole negligence, contributory negligence, or concurrent negligence
of Indemnitees or any of them. Association must at its own expense, investigate
all those claims and demands, attend to their settlement, or other disposition,
defend all actions based thereon with counsel satisfactory to Lndemnitees and pay
all charges of attorneys and all other costs and expenses of any kind tiom any of
said liability, damage, loss, claims, demands, or actions.
Safety Hazards. The Association. upon written notice of identified safety hazards by Police
Chief, Fire Chief. Park Director or Risk Manager, must correct the safety haTnrd within six hours
or, if different, the time flame included in the written notice of safety haTard.
Damages to City Property. Park Director will provide the Association's Agent with a list of
damages to City property located on the Premises within 2 days after the close of the Event. The
BDM~O0~2710.02
197
9_2.
23.
24.
Association must restore all items on that list, to the satisfaction of the City's Director of
Engineenng, within 3 days of receipt of the list. If the Association falls to restore all items on
the list. Park Director may do so and invoice the Association for Direct Costs, as set out in
Section 7 above.
The Association or its agent must fill and compact all holes in grassy areas made by the
Association or any entity or person participating in the Event. Park Director must approve the
use and type of fill material. Any subsidence within the Premises must be additionally filled by
the Association or Association's Agent. .
Pavement, Curbs, Sidewalks, Seawall. Any work which creates holes or other changes to the
pavement, curbs, sidewalks, or seawall requires the prior written approval of the Park Director or
the City's Director of Engineering Services before the work is performed; provided however,
that no such approval will be given if the work will require subsequent repairs by the City.
No parking of any vehicles will be allowed on the Seawail unless expressly authorized by t~e
Park Direcwr.
Permits. The Association must, and must require that all vendors, obtain and comply with all
appropriate permits including, but not limited to, the following: (1) the City-County Health
Department for each booth selling food; (2) Building Inspections, a Temporary Promotional
Event Permit with a Certificate of Occupancy; (3) Traffic Engineering, a Sixeel Closure permit,
(4) Park & Recreation Department, a Special Event Alcohol Permit; (5) the City Collection
Department, a Solicitation Permit; and (6) a Regatta and/or Marina Event Permit, as mandated by
33 U.S.C. '100.
Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insursnce in the
amounts set out in Exhibit D. Said Certificate of Insurance must be fumished to the tlj~lr
Manager at least two weeks prior to the starting date of the Event. The Association must also
obtain permission from the Coast Guard for use of the waterways. The Association's Agent will
notify, the Park Director of any special conditions imposed by .any permitting agency.
Cleanup; Storm Water Inlet Screens. The Association must require all food and beverage
vendors to clean a designated zone adjacent to their respective booths at regularly scheduled
intervals. The Association may designate the zone, but it will not be less than 10-feet by 20-feet
in the immediate area around each food and beverage booth The clean up will be hourly and
immediately after closing the Event each day. All trash cleaned up must be property deposited in
a trash bag provided by the Association and taken to a location designated by the Association.
The Association may hire and work its own clean-up crew during and after the Event. If the
Park Director determines that additionai clean-up is necessary, he will give the Association's
Agent 2 hours notice to increase services and if the work remains unsatisfactory, Park Director
may authoriz~ the use of City workers.
B DIvB00~.710,02
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198
25.
26.
27.
28.
29.
The Association must install screens, appmved by the Stormwater-Utility Division, acro~
storm water inlets along Shoreline and within any closed slreets within the Premises. Drain~
must not be blocked. The Association must remove the screens within the non-exclusive use
period after the close of the Event.
Construction. The construction work for displays, stages, electrical, etc. within the Premises
or adjacent closed streets, must be conducted in accordance with City building codes and
restrictions. Construction that causes damage will only be authorized if the Association provides
the Park Direcwr prior written assurance that the Association will remedy said damage in
accordance with Section 19 above and Park Director appwves the consu-uction in writing.
Temporary Bufidings. The Association must receive prior written appwval from the Park
Director to place any temporary buildings on the grounds of the Premises. Othenvise, all
temporary buildings moved onto the Premises for the Event mus~ be placed and remain on
trailers to promote expeditious removal.
Electrical & Water Services. Elecu-ical and water service is not provided on the Premises. A
Temporary Promotional Event Permit from the City Building Inspection Division is required in
order to install electrical service for the Event. Further, a Certificate of Occupancy, which
involves inspections, must be completed by the pwper inspecwr to have all temporary services,
such as food, electrical, plumbing, tents, and slructures inspected. It is the responsibility of the
Association to call each inspector for an appointment to inspect and solicit appwval for each
temporary service before the Event begins. Park Director will provide access to water fi'om Park_
water facilities.
Permissible Vendor Location Markings. No paint or semi-permanent markings will be
permitted which obliterate or deface any pavement markings, sweet curb markings or signs
heretofore existing for the guidance of'motor vehicles or pedestrians. Chalk or tape markings
may
be used to pre-mark locations on the sidewalk or street. Painted markings will only be permitted
in grassy ames. :
Disnute Resolution. City and the Association agree that any disputes which may arise
between them concerning this Use Agreement, such as determining the mount of dnrn~l.~e tO
City pwperty occurring us a result of the Event, must be submitted for deterwlnafion and
resolution, first to the Park Director, and thereafter by right of appeal to the City Manager. The
decision of the City Manager may be appealed to the City Council by giving written notice of
appeal to the City Secretary within 10 days after the written decision of the City Manager has
been sent to the Association. In the event of an appeal, the decision of the City Council will be
final. This Use
Agreement in no way waives the Association's tights to seek other legal remedies during the
appeals pwcess.
B Dlv~00',2710.02
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30.
31.
32.
33.
34.
.5.
36.
37.
Fire Lanes. The Association must, at all times during the Event and the non-exclusive use
period, maintain fire and emergency lanes upon the Premises as may be designated by City's Fire
Chief. The fire lanes must be kept clear of all obstructions.
Assignment. The Association may not assign or wansfer this Use Agreement nor sublease the
whole or any part of the Premises or make any alteration therein without the prior written
consent of the City Manager.
Breach, Termination. Any breach by the Association of any covenant or condition contained
in this Use Agreement, entitles City m terminate this Use Agreement without notice or demand
of any kin& notwithstanding any license issued by City, and no forbearance by City of any prior
breach by the Association is a waiver by or estoppel against City. In case of any termination
City is entitled to retain any sums of money previously paid by the Association and said
inuze to the benefit of City as set-off against any debt or liability of the Association w City.
Right of Association to Use Public Streets. The Association acknowledges that the conn-ol
and use of public streets is declared to be inalienable by the City and except for the use privilege
granted herein, this Use Agreement does not confer any right, rifle, or interest in the public
property described herein.
Not Partnership or Joint Venture. This Use Agreement may not be construed or deemed by
the parties hereto as a partnership, joint venture, or any other relationship which requires the City
to co-spousor or incur any liability, expense, or responsibility for the conduct of the Event or
associated activities. Payments received fi'om the Association by the City are compensation for
pwvision of
City services as described herein and for the right of the Association to use public pwparty for
the limited purpose described herein.
\
City. Services Subject to Appropriation. The Association recognizes that the services
provided by the City pursuant to the Use Agreement are subject to the City's anmml b-tiger
approval and appropriation. The continuaxion of any conwaa .after the close of any fiscal year of
the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget
approval. The City does not represent that the expenditures required by the City for the
provision of services required by this Use Agreement will be adopted by future City Councils,
said de~:~fination being within the sole discretion of the City Council at the time of adoptiun of
each fiscal year budget.
Compliance with Laws. The Association must comply with all applicable federal, state, and
local laws and regulations includin~ without limitation compliance with Americans with
Disabilities Act requirements, all at the Association's sole expense and cost.
Non-discrimination. The Association warrants that they are and will continue to be an Equal
Opportunity Employer and hereby covenants that no employee, participant or invitee will be
discriminated against because of race, creed, sex, handicap, color, or national origin.
BDM~00~2710.02
20O
38.
Fence. The Association may provide a temporary six-foot (6') chain link fence, with gate~ _.r
access, as shown on Exhibit C, attached and incorporated herein. The fence will help improve
security, crowd control, liner control, and keep bicycles, skateboards, animals, and personnl
coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in
accordance with the Association's needs upon Park Director's concurrence. If Exhibit C is
revised, a new Exhibit C will be filed with the City Secretary and supersede the existing Exhibit
C. Any new Exhibit C becomes effective upon its filing with the City Secretary.
39.
Adm/ssion Fee. The Association may charge an admission fee. Special events connected with
the East West Power Boat Shootout may charge another fee to help defray the cost of
entertainment. All fees must be approved in writing by the Park Director prior to their
implementation.
40.
Security. The Association must provide tmiformed Security Officers during the Event, and
after the Event closes each night until it opens the next day. The Association will assign the
Security Officers dudes. If the Police Chief allows a security. guard service to provide set-m~,
the term "Security Officer" will include a licensed security guard as well as a sworn
officer.
If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off-
site cwwd and traffic control including cwss walks and intersections within one-half mile of the
Event
site, as needed. The costs of such services will be included in the Direct Costs as per ~r
above. The Police Officers will be assigned duty stations by the Police Chief, or designif,.
41.
Volunteers, Association must require all volunteers to sign and maintain on file an agcid~t
waiver form. This Form will be approved by the City Attorney.
42.
Entirety Clause. This Use Agreemere and the incorporated and attaghed exhibits constitute
the entize ag-eement between the City and the Association for the use granted. All other Us=
Agreements, promises, and representations, unless contained in this Use Agreement, are
expressly r~voked, as the parties intend to provide for a complete understanding wjthln the
provisions of this Use Agreement and its exhibits, of the terms, conditions, promi~, and
covenants relating to the Association's operations and the Premises to b~ used in the operalions.
The anenforeeability, invalidity, or illegality of any provision of this Use Agreement do~ not
render the other provisions unenforeeable, invalid, or illegal.
Executed in duplicate originals on this, the __
City of Corpus Christi
BDM~00Q710.02
201
Marco A. Cjsuero$, Director
2000; James tL Bray, Jr., City Attorney
Corpus Christi Offshore Racing Association
for the East West Powerboat Shootout
By: ~--L'~Z~
Name: Elaine Motl
Tide: ~ro, ?['C~C
BDM~0Ox2.710.02
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202
STREET USE ~,REA ~
PARKING LANE AND SIDEWALK USE AREA
MEDIAN AND BARGE DOCK USE AREA~
J
~ EAST/WEST POWERBOAT
._--'.~.
EXHIBIT
RACE
STREL=T USE AREA
MEDIAN AND BARGE DOCI( USE AREA
j'
\
~COUNCIL / COMMITTEE EXHIBIT EXHIBIT,,q--SITE PLAN
___.,. ~ SUBJECT: · EAST-WEST POWER p~)AT SHOOT-OUT' Traffic Engmeenng Div.
· ---.-- Engin;-'5:~ng Services Dept.
EAST/WEST POWERBOAT
F" aril Re"satim Veparts a . d"
CRANE
AGENDA MEMORANDUM
DATE: May 26, 2000
SUBJECT: Skate Beard Park - Request for Proposals (RFP)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to release a Request for Proposals
for design services associated with a Skate Board Park.
ISSUES: The City Council has discussed the need for a Skate Park in Corpus Chdsti.
Council instructed the City Manager to develop a Request for Proposals for the project.
RECOMMENDATION: Staff will proceed on this item as directed by Council.
Director- Engineering Services
Attachments:
Exhibit A: - Additional Information
Exhibit B: - Draft RFP
206
ADDITIONAL INFORMATION
Background: Several individuals and groups have requested the City develop a skate
park over the last several years. Funding has not been identified or designated for this
project. A draft Request for Proposal was provided to Council in the City Manager's
background packet May 5, 2000. A copy of the draft RFP is attached. See Exhibit B.
As a first step in generating pdvate funding support, the draft RFP is ready for issuance if
the Council desires.
Funding: No City funds have been designate or identified forthe project. Discussion has
indicated that there is an intention to conduct fund raising by one or more members of the
Council and other groups.
Exhibit A
Page 1 of 1
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EXHIBIT B
DRAFT RFP
208
REQUEST FOR LETTER OF INTEREST/
STATEMENT OF PROPOSAL AND QUALIFICATIONS
RFQ #2000-XX: SKATEBOARD PARK - CITY OF CORPUS CHRISTI. TEXAS
I. INTRODUCTION
The City of Corpus Chdsti (City) is requesting Letters of Interest/Statement of Proposal and
Qualifications (Statements) from consultant/consultant teams (Consultant) interested in providing
services required for the design of a proposed skateboard park to be owned, operated, and
maintained by the City.
Several tasks are required for the project. The major tasks are:
Public Outreach/Participation.
The project emerged through the efforts of citizens seeking the development of a public
skateboard facility. The continued involvement and participation of citizens and the
potential creation of an ad-hoc advisory committee is likely throughout the design process.
Identification of potential users and space need requirements.
Evaluation of alternative sites and consultation with interested citizens.
Development and review of conceptual plan based on recommended site and available
project funding with interested users, officials, and committees.
Development of Plans, Specifications, Bid, and Contract Documents.
The consultant will be responsible for the development of plans and specifications suitable
for design review at a 60% and 90% complete stage. The plans and specifications will be
submitted with updated construction cost estimates based upon unit price list of materials
and quantities. Plans, specifications, bid, and contract documents will conform to the
standards of the City of Corpus Chdsti which will be supplied to the consultant. Plans,
specifications, bid, and contract documents submitted to the City must conform to Texas
statutes and regulations. Final plans, specifications, bid and contract documents must be
signed and sealed by an architect, engineer, or landscape architect (as applicable) licensed
· or registered with the State of Texas.
The preliminary schedule for selection of the consultant should be completed by XXXXXXXX,
Due to the vadety of expertise required, the consultants may elect to team with other firms or sub-
consultants.
The selected Consultant Team must have the demonstrated ability to work with City staff,
community organizations, elected officials, and the general public. This project has the direct
interest of the City Council.
RFQ ¢~2000-XX
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1. STATEMENT OF QUALIFICATIONS GENERAL PROVISIONS
Please submit Statement as follows:
Consultants must submit eight (8) copies of its Statement in the reauired format.
Statements must be actually received in the City Secretary's Office, 1st Floor,
City Hall, 1201 Leopard Street, Corpus Christi, Texas, 78401, by 2:00 p.m.,
Friday, December 17, 1999. No Statement will be accepted after this date and
time.
No matter which method of delivery a Consultant chooses (United States mail,
courier, hand delivery, or other), it is the Consultant's responsibility to ensure that
the Statement is actually received and time stamped in the City Secretary's Office,
1st Floor, City Hall by the deadline specified.
Consultants should submit Statement in a sealed envelope marked:
"SKATEBOARD PARK - CITY OF CORPUS CHRISTI, TEXAS". It should also note
the RFQ number "2000-XX." Proposals submitted will become the City's property
and will not be returned.
The Statement will include a Letter of Interest that provides the following
information:
Identify the Consultant as the lead design professional and any proposed
sub-consultants which will be included on the Project team (identification of
the individual members of the design team is encouraged, but is not
mandatory). Identify the names, titles, telephone, and facsimile numbers of
individuals who are available to be contacted by the City concerning the
Statement and for additional information;
Identify the names, titles, telephone, and facsimile numbers of individuals
who are available to be contacted by the City concerning the Statement and
for additional information;
Acknowledge that the completed Disclosure of Interests form (see Exhibit
B - Disclosure of Interests) has been included in the Statement and, by
number, that all addenda to the RFQ have been received;
Certification that the mandatory requirements (see Exhibit C - Mandatory
Requirements) of each project will be met;
The Letter of Interest must be signed by an individual, identified by name and title,
who is authorized to bind the Consultant to a contract;
C. The City reserves the right to:
waive any defect, irregularity, or informality in RFQ procedures or in any
response to the RFQ;
RFQ ~r2000-xx
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2. reject any or all submittals;
3. cancel any portion or the entire RFQ at any time;
4. re-issue the RFQ; and
5. extend the proposal submission deadline.
D,
The City will conduct a NON-MANDATORY Pre-Statement meeting for Consultant
representatives at the Bayfront Convention Center, Room XXX, Corpus Chdsti,
Texas, at XX:XX X.m., on XXXXXXXXX, XXXXXXXX XX, 20XX. The purpose of
the meeting is to review the RFQ and answer any questions. Attendance at the
meeting is optional.
E. Questions concerning this RFQ will be in writing only and addressed to:
XXXXXX)O(XXXX
XXXXXXXXXXXXXXXXX - Engineering Services
City of Corpus Christi
P. Q. Box 9277
Corpus Christi, TX 78469
Written questions may be submitted by facsimile to (361) 880-3501. Questions
must be received no later than 12:00 p.m. (Noon) on Friday. XXXXXXXX XX.
Xxxx.
Notwithstanding this deadline, questions must be submitted with sufficient time
allowed for a reply to reach each Consultant before the Statement submission
deadline. Any information given to one Consultant will be furnished to all
Consultants who have indicated an interest as an addendure to this RFQ if the City
determines, in its sole discretion, that such information is necessary for Consultants
to submit the Statement or that the lack of such information would be unfairly
prejudicial to uninformed Consultants.
In accordance with Section 252.049 of the Texas Local Government Code,
Consultants Statements will be opened in a manner that avoids disclosure of the
contents to competing offerors and keeps the Statement secret during negotiations.
All Statements are open for public inspection after the contract is awarded, but
trade secrets and confidential information are not open for public inspection. It is
specifically provided, however, that each Consultant will identify any
information contained in its Statement which it asserts is either a trade secret
or confidential information. This material will be identified conspicuously by
marking each page containing this information. In the event such material is
not conspicuously identified, then by submitting its Statements, a Consultant
agrees that such material will be considered public information.
EVALUATION AND SELECTION CRITERIA
RFQ #2000-XX
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The following procedure wilt be utilized for the selection of the consulting firm:
Step I Responsiveness to the RFQ, including the thoroughness, clarity and brevity of the
Statement. The City will verify that the Consultant has complied with the provisions
specified in this RFQ; has completed the Statement in the required format (see Exhibit
D - Response Format), and has submitted the mandatory requirements information.
Step 2 From those remaining after the first stage, the City will appoint a committee to evaluate
each firm's Statement. Under the direction of a chairperson, this committee will select
firms for each project based on qualifications and capabilities. This second step will
involve evaluating the Statements according to the following cdteda which are listed
here with percentages of total score for each:
60 %A.
Qualifications and Experience. Evaluations will be based on the information
provided about the Consultant (see Exhibit E - Company Profile Questionnaire) and
the team's experience dudng the last five years performing work addressing and
related to the project scope. (i.e., site analysis, site evaluation, prior design of
skateboard or related parks, etc.). The Consultant will not only be evaluated on
information in the Statement that identifies similar projects for which it has been
responsible, but also the qualifications of its individual staff members who have
worked on those projects and who will also be working on this project.
Sub-Consultants. If the Consultant intends to use sub-consultants to assist in the
work, information will be provided in the Statement that outlines responsibilities of
each firm and their credentials within each activity area. For each sub-consultants,
similar work performed as well as the qualifications of those individual staff
members who have performed that work and who will also be working with the
Consultant will be taken into consideration.
References. Each Statement will provide the City with Consultant and sub-
consultants references which the City may contact to discuss performance on other
similar work. These references should specify: project name; description ofwork;
contract value of work performed; name, address, and telephone number of project
owner/representative who oversaw project performance; and dates (month/year)
contract was issued and anticipated and actual completion dates.
40% B.
Capabilities. Consultant and sub-consultants capacity to perform the work on
schedule in relation to their overall workload. Each Statement will be ranked on the
availability, number, and job descdptions of individuals who will work on a project.
The statement should address the Consultant's capability, or intention to have the
capability, to provide the documents, specifications and other deriverabies in
WordPerfect 6.1 or Word 97 and drawings in AutoCAD R-14. The consultant should
also identify the probable operating system, database, media format, computer
systems and other characteristics necessary to utilize the electronic models that will
be produced and delivered to the City as part of the project.
100% TOTAL
RFQ #2000-XX
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Local Participation. The local participation requirement (City Policy F-13) has been
waived. The percent of local participation will not be a factor in the evaluation process.
However, in those cases where different Consultants are deemed to be "equally"
qualified, based on an evaluation of criteria A - C, the Consultant possessing the
greatest amount of local participation will be chosen. Should a tie remain, the Director
of Engineering Services may require additional information, or a proposal, that
addresses the Consultant's approach to a specific project and/or may require oral
presentations and interviews.
Step 3 The City will attempt to negotiate a contract for services with the most highly qualified
provider as determined dudng steps 1 and 2.
The City intends to sign engineering services contract with the Consultant deemed to
be the most highly qualified provider of the required services, based on demonstrated
competence and qualifications. The City will negotiate a contract for services at a fair
and reasonable pdce. Consultant fee information is not desired at this time and should
not be submitted with the Letter of InterestJStatement of Qualifications.
The Assistant City Manager for Public Works and Utilities will report to the City Manager
on the selection process, identity the selected two or three applicants and request
authorization to negotiate a contract with the Consultant deemed by the selection
committee to be the most highly qualified prorider of the required services. Once the
Department of Engineering Services is authorized to negotiate a contract, and if those
negotiations are successfully concluded and the contract is signed by the Consultant,
it will be submitted to the City Manager with a recommendation to award the contract.
If the City Manager approves this recommendation, the contract will then be submitted
to the City Council for consideration. The City will not be bound under any contract until
the City Council authorizes the City Manager or his designee to sign the contract and
that individual actually signs the contract.
A RFQ schedule is attached (see Exhibit E - RFQ Schedule).
Angel R. Escobar, P.E.
Director of Engineering Services
xc: Marco A. Cisneros, Director of Park and Recreation
Exhibits:
A.
B.
C.
D.
E.
Disclosure of Interests Form
Mandatory Requirements
Response Format
Company Profile Questionnaire
RFQ Schedule
RFQ frz000-xx
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all pemons or firms seeking to do business with the City to
provide the following information, Every question must be answered, If the question is not applicable, answer with "NA",
FIRM NAME: .................................................................................
STREET: .................................... CITY: ...................... ZIP: ............
FIRM is: 1. Corporation ® 2. Partnership ® 3. Sole Owner ® 4. Association e
5. Other ® .......................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
I. State the names of each "employee" of the City of Corpus Chdsti having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name T~e
State the names of each "board member of the City of Corpus Chdsti having an "ownership intersst" constituting 3% or
more of the ownership in the above named "firm".
Name Board, Commission or Committee
State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm".
Name Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: .....................................
(Type or Print)
Title: .................................
Signature of Certifying Person: .......................... Date: ................................
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DEFINITIONS
"Board Member". A member of any board, commission or committee appointed by the City Count:
the City of Corpus Christi, Texas.
"Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time
basis, but not as an independent contractor.
"Firm". Any entity operated for economic gain, whether professional, industrial or commercial and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, parmership, corporation, joint stock
company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as
non-profit organizations.
"Official". The Mayor, members of the City Cotmcil, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,
Texas.
"Ownership Interest". Legal or equitable interest, whether actually or constmctively held, in a firm,
including when such interest is held through an agent, trust, estate or holding entity. "Constmctively held"
refers to holding or control established through voting trusts, proxies or special terms of venture or
parmership agreements.
f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi
for the purpose of professional consultation and recommendation.
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EXHIBIT B
REQUEST FOR LF I, ESR OF INTEREST AND
STATEMENT OF QUALIFICATIONS (RFQ) #2000-XX
MANDATORY CONTRACT PROVISIONS
Standards and Codes
The consultant/consultant team (Consultant's) work will be performed in accordance with
the most current applicable codes and standards.
Safety Requirements
If Consultant or its subcontractors are observed engaging in any unsafe activities or
unsanitary practices which may be detrimental to City facilities or the general public, the
individual will be immediately removed from the worksite. Depending on the nature and
severity of the offense, the individual may be allowed to return to work after receiving
safety training satisfactory to the City.
Insurance Requirements
The Consultant will not begin work under the contract until it has obtained all required
insurance and provided the City with the related certificates and endorsements. For the
duration of the project, the Consultant will provide the insurance listed below and document
required coverages with certificates of insurance:
1. commercial liability including the following coverages:
a. broad form property damage;
b. premises-operations;
c. explosion, collapse, and underground hazard;
d. product/completed operations hazard; and
e. independent contractors.
A letter accompanying the certificate of insurance and signed by an authorized
representative of the insurer will state that the commercial liability insurance includes
the 5 coverages. Minimum coverage amounts will be:
Bodily Injury and Consequent Death $ 500,000 Per Person
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Page 1 of 3
Bodily Injury and Consequent Death $1,000,000 Per Occurrence
Property Damage $1,000,000 Per Occurrence
2. Automobile liability coverage for all owned, non-owned, or rented vehicles. Minimum
coverage amounts will be:
Bodily Injury and Consequent Death
Bodily Injury and Consequent Death
Property Damage
$ 500,000 Per Person
$1,000,000 Per Occurrence
$ 500,000 Per Occurrence
3. Employer's liability insurance with a minimum coverage limit of $100,000 per person.
4. Excess liability insurance coverage (for commemial, automobile, and employers liability
insurance with a minimum coverage limit of $1,000,000.
5. Workers' Compensation Insurance
The Consultant will provide workers' compensation insurance for all its employees who
will perform any project work. This coverage will be provided through a company
authorized to do business in Texas or through self-insurance obtained in accordance
with Texas law.
Coverage will be documented in a certificate of insurance or, if the Consultant provides
self-insurance, then it will provide to the City a copy of its certificate of authority to self-
insure its workers' compensation coverage liability. The Consultant will also provide a
letter stating that the certificate of authority remains in effect and is not the subject of any
revocation proceeding pending before the Texas Workers' Compensation Commission.
Except for workers' compensation insurance, for each insurance coverage required under
the contract, the Consultant will obtain an endorsement to the applicable insurance policy,
signed by an authorized representative of the insurer, stating that in the event of
cancellation or material change that reduces or restricts the insurance afforded, the insurer
agrees to mail 30-days pdor wdtten notice of cancellation or material change to the City at:
City of Corpus Chdsti
Department of Engineering Services
Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469-9277
For workers' compensation insurance, 10 days notice of cancellation or material change
will be sufficient.
The Consultant will also provide an additional insured endorsement for each insurance
policy except workers' compensation insurance. Each will name the City as additional
Exhibit B
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217
insured.
Use of Subcontractors
The Consultant may use subcontractors to complete work under this contract. No
subcontractor may provide services unless the City consents. Consent will not be withheld
unreasonably.
The Consultant will be responsible for completing all contract work even if a subcontractor
has assumed responsibility to complete certain work. Also, the Consultant will be
responsible for the acts and omissions of any subcontractors.
Furthermore, the Consultant agrees that any subcontractor for this project will include the
same mandatory insurance requirements in favor of the City as are specified in the City's
contract with the Consultant. This is particularly emphasized for workers' compensation
insurance coverage. Subcontractor certificates of insurance and endorsements will be
collected by the Consultant and available for City review upon request.
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EXHIBIT C
RFQ 2000-XX: REQUEST FOR LETTER OF INTEREST/
STATEMENT OF QUALIFICATIONS
Response Format
Consultants/consultant teams (Consultant)interested in performing the services for the this
project are required to submit four (4) copies of the Statement of Qualifications (Statement)
in response to the RFQ #2000-XX in the following format, utilizing numbered tabs for each
of the sections.
Table of Contents
Letter of Interest from Authorized Consultant Representative
Identify the Consultant as the lead design professional and any proposed sub-consultants
which will be included on the Project "team" (identification of the individual members of the
design team is encouraged, but is not mandatory). Identify the names, titles, telephone,
and telecopy numbers of individuals who are available to be contacted by the City
concerning the Statement and for additional information.
The Letter will certify that the requirements to fulfill the project scope and tasks will be
completed. The Letter must be signed by an individual, identified by name and title, who
is authorized to bind the Consultant to a contract.
Section 1. Qualifications and Experience
Provide general information about the Consultant to include completing the Company
Profile Questionnaire (see Exhibit E). List Consultant's experiences during the last five
years performing work similar to that required for this project. Each Statement should
provide the City with Consultant and sub-consultant references which the City may contact
to discuss performance on other similar work. These references should specify:
1. project name;
· 2. description of work and how this prior experience relates to this Project;
3. total contract value of work performed;
4. name, address, and telephone number of project owner/representative who
oversaw project performance; and
5. dates (month/year) contract was issued and actually completed.
Section 2. Capabilities.
Provide Consultant and sub-consultant capacity to perform the work on schedule in relation
to overall workload. Provide information about Consultant's team, including the
engineering and technical staff who will be working on each activity in a organizational
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219
chart format. Designate primary contact for City staff. For each individual who will work
on the projects, the Statement should describe the following:
1. Name of Individual
2. availability,
3. job description/area of responsibility (project engineer, consultant, etc.), and
4. detailed resume.
Identify all participants as local or non-local and provide pementage of participation in each
project.
Section 3. Approach to Projects
Provide the following information:
Title: RFQ #2000-XX Skateboard Park - City of Corpus Chdsti, Texas.
Approach: Synopsis of the Consultanrs depth of knowledge of Projecrs scope and
special requirements including proposed approach to the Project work plan(s);
communication plan(s), including method and frequency of including City staff input;
progress meetings to address project concerns; construction administration
procedures; electronic media/AutoCAD Rev. 14; and other related issues.
Section 4. Mandatory Requirements
All mandatory requirements identified in the RFQ will be submitted in this section including:
1. completed Disclosure of Interests form,
2. Pre-statement Conference attendees,
3. code, safety and insurance requirements, and
4. by number, the receipt of all addenda to the RFQ.
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EXHIBIT C
Page 2 of 2
EXHIBIT D
REQUEST FOR LETTER OF INTEREST/
STATEMENT OF QUALIFICATIONS (RFQ) #2000-XX
COMPANY PROFILE QUESTIONNAIRE
Company Profile
Business Name or Firm:
Home Office Business Address:
City: State:
Telephone: (__) Fax: (__)
Person to Contact:
State and Year Established
Type of Business Organization:
__ Individual/Sole Proprietorship
__ Partnership
__ Corporation
Business Certifications:
__ Small Business
__ Other:
Former Firm Name(s), if any, and Year(s) Established:
Present Branch Offices:
Address
__ Joint Venture
__ Other (Attach Explanation)
Zip:
__ Historically Underutilized Business (HUB)
Phone: Contact:
II. Personnel
A. List the Principals of the ~rm and give a personal History Statement for each as follows:
Name
Date of Birth
Years of Experience:
As Principal in this firm: __years
As Principal in another firm: __years
As other than Principal: __years
(Repeat for each Principal)
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EXHIBIT D
Page 1 of 5
B. List the Associates of the firm and give a Personal History Statement for each as follows:
Name
Date of Birth
Years of Experience:
As Associate in this firm: ,_years
As Associate in another firm: ,_years
As other than Associate: ,J/ears
(Repeat for each Associate)
C, Identify other key personnel of the firm. List names and indicate specialities as appropriate:
Architects:
Landscape Architects:
Civil Engineers:
Structural Engineers:
Sanitary Engineers:
Mechanical Engineers:
Electrical Engineers:
Planners:
Other Key Personnel:
D. Indicate the scope of services provided in-house without the use of Outside Associates or
Consultants:
__ Architectural Design
__ Interior Design
__ Civil Engineering
__ Structural Engineering
__ Sanitary Engineer
__ Mechanical Engineering
__ Electrical Engineering
__ Planning
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EXHIBIT D
Page 2 of 5
E. Give size and distribution of staff (give number of staff members in each discipline):
1. Principals and Key Personnel by Discipline:
LOCATION: ARCHITECTS: ENGINEERS: OTHERS
Home Office
Branch Office:
TOTAL:
Totals
2. Other Personnel by Discipline:
LOCATION: 1 2
Home Office
Branch Office:
3 4 5 6 7 8 9 10 11 12
Totals
Key to Disciplines:
1. Architects
2. Mechanical Engineers
3. Electrical Engineers
4. Civil Engineers
5. Other Professional Engineers
6. Draftsmen
7. Specification Writers
8, Estimators
9. Inspectors
10. Surveyors
11. Others
12, Total
F, Number of personnel in
Maximum Number:
Normal Strength:
your organization during the past five (5) years:
Year:
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II EXHIBIT D
Page 3 of 5
III. Sub-consultants
List outside associates and consultants usually engaged by your firm (give name of firm, address,
telephone and contact person).
Architects:
Civil Engineers:
Structural Engineers:
Traffic Engineers:
Lighting Consultants:
Mechanical Engineers:
Electrical Engineers:
Estimators:
Planners:
Acoustic Consultant:
Other Consultants:
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IV.
Specialization
Indicate the types of pmjects in which your firm specializes. Number the types which apply in order of
preference, with 1 being the highest degree of specialization. Use each number only once. Any
specialities not sufficiently identified in this list should be added and numbered accordingly in the
space below.
__ Acoustics/Sound Suppression
__ Airfield Facilities
__ Air Conditioner/RefrigerationNentilation
__ Bridges
__ Chemical Facilities
__ Communications
__ Earth Fill Dam Work
__ Electronic Facilities
__ Highways
__ Interiors
__ Industrial Buildings
__ Infiltration/inflow Analysis
irrigation/Drainage
Laboratory Facilities
Manuals
Master Planning/Site Development
Parks and Recreation
Power/Heating Plants
Public Buildings
Security Systems
Public Conveniences
Surveys/Reports
Utilities/WaterANastewater
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EXHIBIT D
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EXHIBIT E
RFQ #2000-XX: SKATEBOARD PARK
CITY OF CORPUS CHRISTI, TEXAS
SCHEDULE
Request for Letters of Interest/Statements of Proposals & Qualifications (RFQ)
Wednesday
Wednesday
Fdday
Friday
Friday
Tuesday
XXX. XX, 20XX
XXX. XX, 209XX
XXX. XX, 20XX
XXX. XX, 209XX
XXX. XX, 209XX
Issue Request for Letters of Interest/Statements of
Qualifications
Pre-Statement Conference
Last Day for Questions
Letters of Interest and Statements of Qualifications
Due
Notify City Manager of Results of the Ranking and
Request Authorization to Negotiate
Request Council to Award Consulting Contract
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CITY COUNCIL
AGENDA MEMORANDUM
May 26,2000
AGENDA ITEM:
A) Authorizing the City Manager or his designee to execute a one year lease with the Texas
State Aquarium Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181
(Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately
$150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues
exceed $400,000 annually, payment to City of 50% of the excess revenues; providing for
publication; and
B) Authorizing the City Manager or his designee to execute a five year lease with the Texas State
Aquarium Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181
(Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately
$150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues
exceed $400,000 annually, payment to City of 50% of the excess revenues
C) Authorizing the City Manager, or his designee, to execute a twenty year lease with the Texas
State Aquarium Association ("LESSEE"), in consideration of Lessee maintaining the premises and
improvements, operating a public aquarium and related facilities, and retaining all financing
covenants until the related indebtedness is fully retired, (including making payments when
required), for Lots A-l, A-2, B, C, & D, Texas State Aquarium subdivision and an assignment of
certain property on Rincon Channel owned by the Port of Corpus Christi Authority and leased to
the City; and providing for publication.
ISSUE: Authorization of leases by the City of Corpus Christi must be done by City Council action.
The parking lease and the lease for operation of the Aquarium both fall under Council approval
authority.
CONCLUSION AND RECOMMENDATION: The Texas State Aquadum is one of the largest single
toudst draws to the City of Corpus Christi and plays a large role in the quality of life in the area. The
TSAA has done an exemplary job of operating the Aquarium and since 1993 all of the parking and
associated landscaping maintenance within the immediate area at no cost to the City. Staff is
recommending approval.
W. Thomas Utter
Assistant City Manager
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BACKGROUNDINFORMATION
The two agreements contained under this agenda item are the Aquarium operating lease
which is the basic agreement under which the City and the Texas State Aquarium (TSA)
have set up the operation of the Aquarium. The TSA is responsible for operating the
Aquarium and all of the expenses of that operation including debt service on $4.4 million
of CO's that were used for additional Aquarium projects and refinancing an Aquarium loan.
The TSA has done an exemplary job of operating the Aquarium and has raised significant
dollars for additional expansions. The second agreement is a parking facility agreement
which was entered into in 1993, and it is now up for renewal. Under that agreement, the
parking maintenance on a portion of Corpus Christi Beach and the parking lot under the
bridge is specifically operated by the TSA which receives the revenues. The TSA makes
all of the debt service payments on all of those improvements and also performs all of the
landscape maintenance at no expense to the City. In addition, under this new proposed
agreement, the Aquarium pays for 100% of the parking meter maintenance.
Parkinq Facility Aclreement:
In 1989 the City issued $1.5 million of Certificates of Obligation to construct a large on-
grade parking facility under the Harbor Bridge for non-exclusive parking for the Texas State
Aquarium and other activities on the south end of Corpus Christi Beach. Under an
agreement with the TSA, the City and TSA jointly amortized the Certificates of Obligation
at the rate of $75,000 annually, with the City further being responsible for maintaining the
parking lot and associated landscaping.
In 1993 the Council approved a new 5-year management agreement with TSA. The major
elements of that agreement are as follows:
(1) TSA will install a ticketing system, charge $2 per space per day, and operate the
existing parking facility under Harbor Bridge (Parking Facility).
(2) City will install parking meters along various streets near the Aquarium, TSA will
service the meters and issue citations for parking violations.
(3) All Parking Facility revenue, up to $400,000 annually, will remain with TSA; any
amounts in excess of $400,000 will be split 50/50 between City and TSA. TSA will
build a capital improvement replacement fund with all its funds in excess of
$350,000 annually.
(4) TSA will construct additional parking in the Parking Facility when it is needed.
(5) TSA will maintain landscaping along east Surfside Blvd and Pearl Street adjacent
to the Aquarium and Parking Facility, and maintain the park facility at the south end
of Corpus Christi Beach.
(6) TSA will make both its $75,000 and City's $75,000 annual payments on the
Certificates of Obligation.
(7) City will install signage and No Parking Zones to assist traffic movement in the area.
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The City's $75,000 annual payment obligation and approximately $50,000 annually in cost
avoidance realized by TSA taking on maintenance of the Parking Facility and associated
landscaping maintenance and park maintenance was used to partially fund the
replacement of the Lawrence Street T-Head piers,
The only difference in this agreement and the original agreement is that the TSA now will
pay 100% of the annual parking meter maintenance which runs from $2,000 to $5,000
annually.
Aquarium Operating Lease:
TSA asked the City to issue $4.4 million of combination tax and revenue Certificates of
Obligation to perform capital improvement projects at the Aquarium and refinance a high
interest loan carried by a local bank. The City Council approved that request and
subsequently issued the Certificates of obligation. This required the City to purchase
additional land and other assets of TSA. In order to include the newly acquired land and
other assets in the Lease, the Lease needed to be amended. Since the original lease was
adopted prior to construction of the Aquarium facility, certain of the terms needed to be
revised. A summary of the Lease is attached. TSA has been fully amortizing the debt
without the need for tax revenue contribution by the City.
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One-Year Parking Lease Summary
1. Term. I year.
2. Consideration. Payment of all debt service on the $1.5 Million of certificates of
obligation issued to construct the parking lot. Plus 50% of all parking revenue in excess
of $400,000 collected annually. This includes revenue from the parking lot and form
the parking metes in the immediate vicinity of the Aquarium, as shown on Exhibit B.
Further TSA will maintain all landscaping in the immediate vicinity of the Aquarium, as
shown on Exhibit C.
3. Development of Lots B & C. TSA will construct parking lots B & C at its expense,
when it is determined that such lots are necessary.
4. Operations. TSA will operate parking lot A., including paying for maintenance of the
parking lot, and will collect money from and issue parking citations for violations at
meters in the immediate vicinity of the Aquarium, as shown on Exhibit B. City will
maintain the parking meters and be reimbursed for any expenses by TSA.
5. Utilities. TSA will pay for all utilities associated with operating parking lot A and
maintaining the landscaping.
6. Insurance. TSA will maintain $1,000,000 of commercial general liability, and
comprehensive auto liability insurance.
7. Taxes. TSA will pay all taxes its use of the property may cause to be assessed against
the property.
8. Parking Fees. The maximum fee for parking in Lot A is $10 per day. TSA may charge
less. City has set parking meter fees for the parking area shown on Exhibit B.
9. Nondiscrimination. TSA must not discriminate.
10.Assignability. TSA cannot assign this Lease without the prior written consent of the
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Five-Year Parking Lease Summary
1. Term. 5 years.
2. Consideration. Payment of all debt service on the $1.5 Million of certificates of
obligation issued to construct the parking lot. Plus 50% of all parking revenue in excess
of $400,000 collected annually. This includes revenue from the parking lot and form
the parking metes in the immediate vicinity of the Aquarium, as shown on Exhibit B.
Further TSA will maintain all landscaping in the immediate vicinity of the Aquarium, as
shown on Exhibit C.
3. Development of Lots B & C. TSA will construct parking lots B & C at its expense,
when it is determined that such lots are necessary.
4. Operations. TSA will operate parking lot A, including paying for maintenance of the
parking lot, and will collect money from and issue parking citations for violations at
meters in the immediate vicinity of the Aquarium, as shown on Exhibit B. City will
maintain the parking meters and be reimbursed for any expenses by TSA.
5. Utilities. TSA will pay for all utilities associated with operating parking lot A and
maintaining the landscaping.
6. Insurance. TSA will maintain $1,000,000 of commercial general liability, and
comprehensive auto liability insurance.
7. Taxes. TSA will pay all taxes its use of the property may cause to be assessed against
the property.
8. Parking Fees. The maximum fee for parking in Lot A is $10 per day. TSA may charge
less. City has set parking meter fees for the parking area shown on Exhibit B.
9. Nondiscrimination. TSA must not discriminate.
10.Assignability. TSA cannot assign this Lease without the prior written consent of the
City,
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A ONE YEAR LEASE WITH THE TEXAS STATE AQUARIUM
ASSOCIATION ("TSAA") TO OPERATE THE PARKING LOT IN THE
RIGHT-OF-WAY OF HIGHWAY 181 (HARBOR BRIDGE) IN
CONSIDERATION OF TSAA'S PAYMENT OF THE BOND FUND NOTE
OF APPROXIMATELY $150,000 ANNUALLY, MAINTENANCE OF THE
LANDSCAPING AND PARKING LOT, AND IF PARKING REVENUES
EXCEED $400,000 ANNUALLY, PAYMENT TO CITY OF 50% OF THE
EXCESS REVENUES; PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the City Manager or his desginee is hereby authorized to execute
a one yeal' lease with the Texas State Aquarium Association ("TSAA') to operate the parking lot
in the fight-of-way of Highway 181 (Harbor Bridge), in consideration of TSAA's payment of the
bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking
lot, and if parking revenues exceed $400,000 annually, payment to the City of 50% of the excess
revenues. A copy of the lease is on file with the City Secretary.
SECTION 2. Publication will be made in the official publication of the City of '
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DIR\VERONICA\LISA\ORDI~ORDI .0117
233
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESI(;NEE TO EXECUTE
A FIVE YEAR LEASE WITH THE TEXAS STATE AQUARIUM
ASSOCIATION ("TSAA") TO OPERATE THE PAI~,KING LOT IN THE
RIGHT-OF-WAY OF HIGHWAY 181 (HARBOR BRIDGE) IN
CONSIDERATION OF TSAA'S PAYMENT OF THE BOND FUND NOTE
OF APPROXIMATELY $150,000 ANNUALLY, MAINTENANCE OF THE
LANDSCAPING AND PARKING LOT, AND IF PAP, KING REVENUES
EXCEED $400,000 ANNUALLY, PAYMENT TO CITY OF 50% OF THE
EXCESS REVENUES; AND PROVIDING FOR PUBI,ICATION
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION I. That the City Manager or his designcc is hereby authorized to execute
a five year lease with the Texas State Aquarium Association C"F%AA") to operate the parking lot
in the right-of-way of Highway 181 (Harbor Bridge), in consideration of TSAA's payment of the
bond fund note of approximately $150.000 annually. maintenance of the landscaping and parking
lot, and if parking revenues exceed $400,000 annually, paymcn', Io the City of 50% of the excess
revenues. A copy of the lease is on file with the City Secreta~'.
SECTION 2. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A TWENTY YEAR LEASE WITH THE TEXAS STATE
AQUARIUM ASSOCIATION ("LESSEE"), IN CONSIDERATION OF
LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS,
OPERATING A PUBLIC AQUARIUM AND RELATED FACILITIES, AND
RETAINING ALL FINANCING COVENANTS UNTIL THE RELATED
INDEBTEDNESS IS FULLY RETIRED (INCLUDING MAKING PAYMENTS
WHEN REQUIRED), FOR LOTS A-l, A-2, B, C, & D, TEXAS STATE
AQUARIUM SUBDIVISION AND AN ASSIGNMENT OF CERTAIN
PROPERTY ON RINCON CHANNEL OWNED BY THE PORT OF CORPUS
CHRISTI AUTHORITY AND LEASED TO THE CITY; AND PROVIDING
FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDA1NED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or designee, is authorized to execute a twenty year
lease with the Texas State Aquarium Association ("Lessee") for Lots A-l, A-2, B, C, & D, Texas
State Aquarium Subdivision and an assignment of certain property on Kincon Channel owned by
the Port of Corpus Christi Authority and leased to the City, in consideration of Lessee maintaining
the Premises and Improvements, operating a public aquarium and related facilities, and retaining all
financing covenants until the related indebtedness is fully retired (including making payments when
required). A copy of the lease is on file with the City Secretary.
SECTION 2. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:XLEG-DIR/VERON ICA\LISA\ORD2/ORD2.155
235
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 30, 2000
AGENDA ITEM: Motion authorizing the City Manager to submit a grant for $300,000 to the
Department of Housing and Urban Development, Youthbuild Program to provide economically
disadvantaged youth the opportunity to learn life-skills, and employable skills in construction.
ISSUE: Corpus Chdsti has a high dropout rate and needs to expand the supply of affordable
housing for low-income persons. The City also has a short supply of skilled construction trade
workers which is instrumental in expanding new home construction. This program will address
these issues by providing an educational and training componentfordisadvantaged young adults
who are either at-risk or high school dropouts.
BACKGROUND: The purpose of YouthBuild Program is to provide education and employment
skills through opportunities for meaningful work to 20 individuals who are economically
disadvantaged or high school dropouts and are between the ages of 16-24. Within 18 months,
students will receive on-site housing construction work experience and off-site academic classes,
job skills training, leadership development and supportive service. A major component of the
academic classes will include instruction in preparing for attainment of a GED.
Under the supervision of the YouthBuild Executive Director, students will build five homes to be
purchased by low-income families. By building homes for low-income individuals, the program is
addressing the need for affordable permanent housing in Corpus Chdsti for low-income persons.
First-year grant recipients are limited to enrolling up to 20 students in the program. Grant
applications for sustaining the program in upcoming years allows for additional student
participation. First-year grant recipients are also limited to apply for funding up to $300,000.
YouthBuild grants to sustain the program in subsequent years are available up to $700,000.
Community partners include: Turning Point Counseling Services, Coastal Bend Workforce
Development Board, Minority Business Development Center, Del Mar College, C.C.I.S.D.,
Workforce Network, Minority Business Opportunity Committee, Associated General Contractors,
Frost Bank and Wells Fargo Bank.
REQUIRED COUNCIL ACTION: The application requires approval from the governing body of
the applicant.
RECOMMENDATION: Staff recommends the City Council approves the submission of the
YouthBuild Grant and authorize City Manager or his designee to sign as the authorized
representative for the City of Corpus Christi.
W. Thomas Utter
Assistant City Manager, Development Services
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