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HomeMy WebLinkAboutAgenda Packet City Council - 04/17/2001CITY COUNCIL AGENDA cCity of OI US · Christ1 April 17, 2001 1:45 p.m. Proclamation declaring April 16 - 21, 2001 as "Affordable Housing Week" Proclamation declaring April t5 - 22, 2001 as "Hospital Auxiliaries Volunteer Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 17, 2001 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espa,'lol 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 appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Charley Taylor, South Church of Christ. 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 Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of April 10, 2001. (Attachment # 1) Agenda Regular Council Meeting Apri117,2001 Page 2 BOARDS & COMMITTEE APPOINTMENTS: (NONE) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espa~ol en la reunk~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. PRESENTATIONS: Public comment will not be solicited on Presentation items. Animal and Vector Control Building Project by Architect/Engineer Consultant Bennett, Martin, Solka and Torno (Bond Issue 2000 Project A-2) (Attachment # 2) EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting ora vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April17,2001 Page 3 CONSENT AGENDA Notice to the Public The fo//owing 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 ORDINANCE~ 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 thirteen (13) automated side- loading refuse trucks from the Houston-Galveston Area Council of Governments (HGAC) for the total of $1,951,850.54. The award is based on the Cooperative Purchasing Agreement with HGAC. These automated side-loading refuse trucks will be used by the Solid Waste Services. Financing will be provided through the City's lease/purchase financing agreement through Banc of America. These refuse trucks will be replacements to the fleet. (Attachment # 3) Motion authorizing the acquisition of Parcel 8 located on Wooldridge Road next to the Wooldridge Road Lift Station in connection with the Force Main Repair and Replacement Project (Line B) - Harwick Drive to Wooldridge Road, for the amount of $37,133 from the owners David H. Meck and wife Denise Ann Meck. (Attachment # 4) Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main Project, Phase 1 -O.N. Stevens Plant to Clarkwood. (Attachment # 5) Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes. (Requires 6 votes) (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summarT) Agenda Regular Council Meeting Apri117,2001 Page 4 10. Ordinance abandoning and vacating a 1,964.65-square foot portion of a 10-foot wide utility easement out of Lot 3, Block 1, Navigation Industrial Park Subdivision; requiring the owner, Ray West Warehouses, Inc., to comply with the specified conditions and replat the property within 180 days at the owner's expense. (Attachment # 7) Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2001, required by Senate Bill 1,75th Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $45,529.65. (Attachment # 8) Resolution authorizing the City Manager or his designee to apply to the National League of Cities for Technical Assistance Opportunities for Municipal Leaders, a program that seeks to expand the availability and improve the quality of after-school programs in local communities. (Attachment # 9) PUBLIC HEARINGS: ZONING CASES: Case No. 0301~01, Israel Mora: A change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District on Kelly Subdivision, Block 1, Lot 1, located on the northwest corner of Old Brownsville Road and Saratoga Boulevard extension. (Attachment # 10) Planninq Commission and Staff's Recommendation: Denial of the "B- 4" General Business District, and in lieu thereof, approval of a "B-3" Business District. ORDINANCE Amending the Zoning Ordinance upon application by Israel More by changing the zoning map in reference to Lot 1, Block 1, Kelly Subdivision, from "R-lB" One-family Dwelling District to "B-3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 17, 2001 Page 5 11. 12.a. 12.b. Case No. 0301-02, B. R. Scogin: A change of zoning from an "F-R" Farm-Rural District to a "B-4" General Business District on Gregorio Farias Grant, being a 259.98 acre tract, located on the southeast corner of U.S. Highway 77 and County Road 52 extension. (Attachment # 11) Planninq Commission's and Staff's Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by B.R. Scogin by changing the zoning map in reference to 6.1995 acres out of a 259.98-acre tract out of the Gregorio Farias Grant, from "F-R" Farm- Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. RUNWAY 13 OUTER MARKER SITE: Public Hearing to determine whether portions of City parkland at Overland Meadows Park, Corpus Christi, Texas, should be used for the establishment of Runway 13 Outer Marker by the Federal Aviation Administration within the City parkland area. The public hearing is being held under the provisions of §§ 26.001 and 26.002, Texas Parks and Wildlife Code. Resolution relating to the use of land designated as parkland at Overland Meadows Park for the establishment of the Runway 13 Outer Marker. (Attachment # 12) First Reading Ordinance - Authorizing the City Manager or his designee to execute a lease terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U.S. Department of Transportation, Federal Aviation Administration (FAA) granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 foot utility easement, constituting a portion of Overland Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the leased premises. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Apri117,2001 Page 6 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $100,168 with Russell Veteto Engineering, Inc. for the SidewalkAccessibility Improvements. (Bond Issue 2000 Project C-10) (Requires 6 votes) (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute an agreement with Central Power and Light Company for construction of the Phase 1 Citywide Street Lighting Improvements, in the Padre Isles Subdivision at a cost not to exceed $114,825. (Bond Issue 2000 Project No. 51) (Requires 6 votes) (Attachment # 14) 15. Motion approving the selection of the Financial Advisor, M.E. Allison & Company, Inc.; Senior Managing Underwriter, A.G. Edwards; Co- Managing Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton for the Convention Center Bonds. (Requires 6 votes) (Attachment # 15) M. 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. 16. Executive session pursuant to Texas Government Code Section 551.071 regarding Deloris Wade v. City of Corpus Christi, No. 99- 5569-F, 214th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April17,2001 Page 7 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. 17. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. 18. CITY MANAGER'S REPORT * Possible Reopening of Columbus Ship Exhibit at the Museum of Science and History * Upcoming Items 19. MAYOR'S UPDATE 20. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 12:30 .p.m., April 13 ,2001. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armando Chapa 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. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" vwtu Improve Basic Services: Trash, Brush, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control Improve Basic Services: Quality Water Improve Basic Services: Lighting Stormwater / Drainage K Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue OAirport Improvements Street Assessment ® Golf Course Youth Crime Initiatives Environmental Compliance Development Center 11 Community -Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services ' • Explore additional opportunities .gyp Crime Control District Initiatives • Address budget concerns and the ability to fund the program for the long-term ® Bayfront Development Plan • Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area • Continue coordination / collaboration among entities in the area Improve Basic Services: Park Maintenance • Prepare / repair facilities • Evaluate current facilities for improvement priorities • Identify undeveloped park land for possible sale • Consider outsourcing neighborhood park maintenance to Neighborhood Associations, with assurances of equity • Explore establishment of Adopt -A -Park program Animal Control • Ensure adequate staff and equipment • Establish a "Cooperative Veterinarian" program Economic Development • Participate with local and regional economic development initiatives (not necessarily with funding) Bayfront Convention Center Expansion WN• Modify plans or identify alternative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 Internal Issues Charter Revision • Tax Cap • Term Limits • Utility Transfers • Review previous Charter Commission's recommendations Improve Working Relationships with Other Taxing Entities • Invite to quarterly meetings • "Tax Summit" • Explore opportunities to share in tobacco settlement dollars kLandscaping / Improvement of Entryway from Corpus Christi International Airport • Code enforcement Address Long-term Budgetary Issues EM• Reach agreement on a plan / philosophy • Acquire software, ensure monthly requisitions and timely CAFR M—, Legislative Issues • Museum of Science and History Long -Range Plan Tax Increment Financing District (Packery Channel) Long-range Strategic Water Planning Capacity External Issues Metrocom WillI Crosstown Expressway Spaceport TMedical Campus Long-range (after the Bond Issue) Downtown Development • Median improvement / landscaping • Plan for development of west end of downtown (First United Methodist Church to Memorial Coliseum) Hospitality Industry Development - Central City CC Beach Development Manna Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community -wide Visioning Process 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 10, 2001 2:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison* John Longofia Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Brother William Hitt, Brighton Park Baptist Church, following which the Pledge of Allegiance to the Un/ted States flag was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint and regular meetings of March 27, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal opened discussion on Item 2, canvassing returns from the general election held April 7, 2001. City Secretary Chapa explained that the Council members received the compilation of election results by precinct along with the summary of all the votes for the 91 precincts. He said the Mayor has 91 envelopes containing the judges' voting machine tapes and they can compare those votes with the tally for each precinct. *Council Member Kinnison arrived at 2:13 p.m. Mayor Neal randomly selected the following precincts to canvass: 17, 32, 43, 74, 90, 113, and 101. There were no discrepancies in the votes or comments from the public. Mr. Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 024415 Ordinance canvassing returns and declaring the results of the General Election held on April 7, 2001, in the City of Corpus Christi, for the purpose of electing the Mayor and Council Members, and for the ballot measure to repeal Ordinance No. 024270. Minutes - Regular Council Meeting April 10, 2001 Page 2 An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." (Note: Mr. Chapa also polled the Council for their votes on Item 2. b. and it passed unanimously. However, a short time later Item 2. b. was reconsidered and amended See the minutes below and on page 3.) Responding to Mayor Neal, Mr. Chapa said the polling places in Districts 1 and 3 will be the same for the runoff election as they were for the general election. The Mayor added that even ifa person did not vote in the general election, he or she would still be eligible to vote in the rtmoff election. Mr. Chapa said early voting for the nmoffwill be held on April 16 and 17 at four early voting substations (City Hall, Nueces County Courthouse, Hilltop Community Center, and Greenwood Senior Center) and at two mobile locations on each of the two days of early voting. Mayor Neal called for petitions from the audience. Mr. Mike Baker, 4641 Gayle Circle, questioned the contingency funds that were left over from the completion of the Wesley Seale Dam stabilization project. He also questioned whether the City Manager and staffhave determined how to use the left over bond monies and whether the public will be able to provide their input. He also thanked Council Members Melody Cooper, Arnold Gonzales and Betty Jean Longoria for their excellent service to the community in the past years. Mayor Neal replied that from the time the dam stabilization project was initiated, the Council received a public quarterly status report which, among other issues, discussed the amount of money expended. And on April 3rd the dam was rededicated and them was an article in the local newspaper stating that the project came in under budget and ahead of schedule. The Mayor said they have not yet decided how to spend the excess bond monies, but the Council has expressed a desire to continue to develop long-term water supplies. The Mayor also asked Mr. Angel Escobar, Director of Engineering Services, to meet with Mr. Baker to give him additional information. Referring to Item 2, Council Member John Longoria said that one of the mobile early voting sites (the H-E-B store at 4444 Kostoryz Rd.) in the ordinance under Item 2.b. is not located in District 3 but rather in District 2. He asked if the ordinance could be amended to change that site to the H-E-B store at 5801 Weber Rd. Mr. Chapa replied that a motion to reconsider the ordinance would have to be approved by the Council. Mr. Longoria made a motion to reconsider Item 2.b., seconded by Mr. Scott. Mr. Chapa polled the Council and the motion passed unanimously. Mr. Longoria then made a motion to amend the ordinance to change the mobile voting site from the H-E-B store at 4444 Kostoryz Rd. to the H- E-B store at 5801 Weber Rd.; seconded by Mr. Scott. Mr. Chapa polled the Council and the motion to amend passed unanimously. Mr. Chapa then polled the Council for their votes on Item 2.b. as follows: Minutes - Regular Council Meeting April I0, 2001 Page 3 2.b. ORDINANCE NO. 024416 Ordinance ordering a runoff election to be held on April 21, 2001 in the City of Corpus Christi for the election of Council Member District One and Council Member District Three; designating polling place locations; and enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal continued with petitions from the audience. Mr. Leon Perez, 904 Buford, questioned who would pay for the Packery Channel project, and he criticized the low wages that are paid by local businesses. He welcomed the returning Council members, saying he hopes they do a better job during the next two years. Mr. John Torrey, 7253 Yaupon Dr., owner of Captain Hook Roll-Off Boxes, presented a petition signed by several citizens who are requesting that a City Council workshop session be held at the earliest possible time to discuss the solid waste ordinance of Corpus Christi as it affects the placement of dumpsters on streets. Mr. Torrey said that provision hinders the prompt repair of foundations and plumbing. He added that they attempted to schedule a meeting with a Solid Waste Services representative but were told the city had no interest in holding that meeting. Mr. Wayne Dunbar, 4216 Dillon, said he is president of Town and Country Plumbing. He said his business depends on the services provided by Captain Hook, particularly in being able to remove enormous amounts of dirt from customers' front yards. He questioned the restrictions concerning the placement of dumpsters on streets, which affects his business and many others. Mr. Abel Molina, 4317 Beaver Creek, said he has seen some of the damage that trucks have caused and Mr. Torrey's dumpsters do not cause any problems. Mr. Nicolas Olvera said he owns Olvera Contracting, which does tunneling for other companies. He said Mr. Torrey furnishes the boxes to haul dirt for his customers. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that the current ordinance prohibits dumpsters from being placed in the right-of4way, meaning they must be placed on private property. However, people are saying they do not want the dumpsters located in their front yards or their driveways but on the street. He said one of the proposed changes in the solid waste ordinance is to demonstrate locations where dumpsters cannot be located on private property. Mr. Massey said this is not really a solid waste issue but rather an issue regarding the use of the public right-of-way and traffic safety. City Manager Garcia said there is no question that dumpsters pose a safety hazard but there Minutes - Regular Council Meeting April 10, 2001 Page 4 are ways they can be used effectively. He said there are usually many altemative locations for them, including in driveways. A brief discussion ensued and Mr. Massey said staff will meet with the business representatives about this issue. Mr. Jeff Frahm, 13501 Royal Fifth Court, congratulated the returning Council members and pledged his future support for the three departing members. Referring to the Packery Channel ballot proposition, he said he was impressed with the process and pleased with the outcome. He said the citizens who favored Packery Channel look forward to working with the Council on that project. Mr. Frahm also asked the "watch-dog" organizations to use their efforts to benefit the community versus individual agendas. Mr. Scott said Mr. Frahm received many personal attacks throughout the campaign but did not reciprocate, for which he thanked him. Mr. John Trice, 13706 Tajamar, thanked the Council for their hard work and dedication in formulating the Packery Channel proposal. He urged them to also find a way to revisit the 1/Sth cent sales tax for economic development. Mr. Abel Alonzo, 1701 Thames, expressed appreciation that the November 2000 bond issue and the Packery Channel project were approved by the voters. He said the Council should ensure that all the city's boards are inclusive and diverse, including the Economic Development Corporation. Mr. Gene Guernsey, 14230 San Felipe, said "Corpus Christi Yes" grew from just a few people to over 100 who wanted to motivate positive people to support the Council and the Packery Channel project. He noted that 60% of voters approved the tax increment financing (TIF) district, and he thanked the Council, in particular Dr. Gonzales, for their efforts. He said every week the same people attend the meetings and berate the Council but this time they did not prevail. Mr. Jim Kolter, 13705 Tajamar, acknowledged the Council for their leadership and city staff for their exemplary work. Referring to Mr. Alonzo's comments, Mr. Kolter suggested that the Council consider broadening the participation in the TIF district. He said it is important for citizen groups such as "Corpus Christi Yes" to work with the Council and staff on moving the city forward. Mayor Neal called for consideration of the consent agenda (Items 3-10). No items were withheld for discussion. City Secretary Chapa polled the Council for their votes on the following: 3. M2001-127 Motion approving a supply agreement for approximately 5,000 tons of 50% caustic soda with Formosa Plastics Corporation, USA, Livingston, New Jersey, based on low bid, in accordance with Bid Invitation No. BI-0093-01 for an estimated annual expenditure of $880,000. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Water Department in FY00-01. Minutes - Regular Council Meeting April 10, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2001-128 Motion approving the purchase of a mobile water injection system from Robstown Hardware Company, Robstown, Texas, based on sole source, for a total amount of $24,700. The mobile water injection system will be used by the Solid Waste Department. Funds are available from the Council of Governments Grant No. 00-20-G12. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-129 Motion authorizing the City Manager or his designee to execute a construction contract with Reese Contracting Inc. for a total fee not to exceed $221,450 for the Nueces Acres lift station. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-130 Motion authorizing the City Manager or his designee to issue a Request for Proposal for a natural gas supply contract. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." RESOLUTION NO. 024417 Resolution authorizing the City Manager or his designee to submit a grant application to the Comptroller of Public Accounts, State Energy Conservation Office in the amount of $33,500 for the City of Corpus Christi's Clean Cities Coordinator program. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-131 Motion authorizing the City Manager or his designee to execute a contract in the amount of $33,500 with the State Energy Conservation Office that will fund a Clean Cities Coordinator Program and pay expenses relating to the City's Clean Cities Alternatives Fuels Initiatives. Minutes - Regular Council Meeting April 10, 2001 Page 6 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.c. ORDINANCE NO. 024418 Ordinance appropriating $33,500 from the Comptroller of Public Accounts, State Energy Conservation Office in the No. 1050 Federal/State Grants Fund for the City of Corpus Christi's Clean Cities Coordinator Program. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.a. M2001-132 Motion authorizing the City Manager or his designee to accept a grant in the amount of $50,772 and execute a contract with the Corporation for National Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.b. ORDiNANCE NO. 024419 Ordinance appropriating a $50,772 grant from the Corporation for National Service in the No. 1050 State and Federal Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.a. M2001-133 Motion authorizing the City Manager or his designee to accept a grant in the amount of $154,342 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.b. ORDINANCE NO. 024420 Ordinance appropriating $154,342 in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy, to support the Minutes - Regular Council Meeting April 10, 2001 Page 7 Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.a. M2001-134 Motion authorizing the City Manager or his designee to accept a Hazardous Materials Emergency Preparedness Planning Grant in the amount of $20,928 from the Texas Department of Public Safety Division of Emergency Management to fund: (a) the development of a web-accessible hazardous materials database, (b) the purchase of public education materials, (c) the purchase of"Consequence Analysis Toolset" software, (d) and to hire temporary staff to update Annex D. (Attachment # 10) The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.b. ORDINANCE NO. 024421 Ordinance appropriating $20,928 from the Texas Department of Public Safety Division of Emergency Management in the No. 1050 Federal/State Grants Fund for hazardous materials emergency preparedness planning activities. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 11, contract for intersection approach improvements. ]Mr. Escobar referred to diagrams of the projects, which are scheduled to be under construction by February 2002. He said there is some land acquisition that must occur and additional projects will be brought to the Council in the near future. Council Member Scott urged staff to work with Flour BluffIgD on the Waldron Road project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 11. M2001-135 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $53,101 with Martinez, Guy and Maybik for the intersection approach improvements at the following sites: Airline Road - new right turn lane on southbound Airline Road at South Padre Island Drive Expressway westbound frontage road; South Staples Street - new right mm lane on southbound Staples Street at Everhart Road; and Waldron Road - new right mm lane on northbound Waldron Road at Hustlin' Hornet Drive. Minutes - Regular Council Meeting April 10, 2001 Page 8 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, collection of outstanding court fines. Ms. Barbara Sudhoff, Director of Municipal Court, introduced Juan Pefia, Paul Chapa, and Jay Garrett of the law firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia and Sampson, LLP. Using a computer presentation, Ms. Sudhoff explained that this proposal seeks to establish a private collection contract with the Linebarger law finn. She said several significant improvements have been made over the last few years throughout Municipal Court, but historically courts have faced the dilemma of defendants falling to appear to address their cases. In addition, many people use aliases and incorrect addresses to avoid detection. She said Municipal Court lacks the resources to pursue such scofflaws. Ms. Sudhoff said the use of a collection agency is the next step in the court's efforts to improve its operations. She said they now have reliable case information and can meet a vendor's technical requirements for collection activities. Having achieved that goal, staff developed a request for proposals which included the following vendor requirements: experienced in court collection; competitive rate structure; comprehensive collection process; extensive database for "skip tracing"; and the ability to transfer files via the Internet. Ms. Sudhoff said five vendors responded to the RFP: Allied Credit Companies; American Municipal Services Bureau; Linebarger, Heard, Goggan, Blair, Graham, Pefia and Sampson; Municipal Services Bureau; and State Metropolitan Services Corporation. She described the evaluation process that staff used, including examining the vendors' legal, financial, technological and court operations as well as their written response to the RFP. In addition, staff conducted on-site visits with the vendors' customers and interviewed each vendor. The Municipal Court Director said staffmet with the Council's Municipal Court Committee in March and gave them a narrative summary of each of the vendors and the firm of Linebarger was selected. She said the recommended vendor's commission rate of 23% will be based only on recovery of fines and there are no anticipated start-up costs for the city. The court will refer the following types of defendants: those who have not appeared; those who were granted community service and have not complied; and those who were granted payment arrangements and are delinquent. Ms. Sudhoff then described the collection process that will be followed. Ms. Sudhoff said these private collection efforts ~vill compliment the court's existing enforcement process, which includes warrants and the use of the Marshal Division, in addition to the court's interlocal agreement with the Department of Public Safety to deny the renewal of drivers licenses. In response to Council Member Gonzales, Ms. Sudhoff said they are monitoring the marshal program, which has tremendously improved the court's compliance figures. Council Member Kinnison suggested that staff also look at other ways to improve compliance. Minutes - Regular Council Meeting April 10, 2001 Page 9 Council Member Garrett asked if the court had its full personnel complement for the marshal program. Ms. Sudhoffreplied that the program was originally proposed to have eight staff and this past fiscal year they finally had six staff members. Mr. Garrett also asked about collections from out- of-state defendants. Mr. Paul Chapa of Linebarger said they have the research tools and skip tracing techniques in place to locate and reach those defendants. Mr. Jay Garrett added that Municipal Court currently has an effective process for collecting fines from local defendants and Linebarger feels they will also be able to collect fines from those who live outside the county. Council Member Garrett also asked ifLinebarger had a local office. Mr. Paul Chapa said the Corpus Christi office has 24 employees, including four attorneys, and they already have a contract with the city to collect delinquent taxes and demolition and paving liens. Council Member Cooper, a member of the Municipal Court Committee, said Ms. Sudhoff did a very thorough job and she is pleased with the committee's selection. Mayor Neal called for public comment. Mr. Thomas Gamboi, President of Municipal Services Bureau (MSB), said they specialize in collecting unpaid court fines. He expressed concern about the selection of the recommended vendor. He noted that MSB's proposal was ranked number one by the evaluation committee and that information was conveyed in the Council members' agenda packets. Additionally, MSB is offering the lowest fee and is the only firm offering a guarantee of collections. Mr. Gamboi said MSB has over 300 courts in Texas under contract, and they have been providing this service longer than any other respondent. He said they are the only vendor that has an existing integration to the city's software vendor. Council Member Scott asked Mr. Gamboi if MSB currently has a local office. Mr. Gamboi replied that they do not have a local office but they have a local agreement with Texas Medical Data Systems, which conducts the city's EMS billing, to coordinate local walk-in payments. Council Member John Longoria said due diligence was carried out in the selection process. He said the Municipal Court Committee feels that Linebarger is very capable and will be able to reach the goals that have been set. Mayor Neal asked Ms. Sudhoff if Linebarger was her recommendation, and she replied affirmatively. Council Member Betty Jean Longoria, another member of the committee, told the Linebarger representatives that Ms. Sudhoff follows her budget very closely. City Secretary Chapa polled the Council for their votes as follows: 12. M2001-136 Motion authorizing the City Manager or his designee to execute an agreement with the law firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia and Sampson, L.L.P., to collect outstanding court fines and fees on behalf of the City of Corpus Clu:isti. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal thanked Ms. Sudhoff, Judge Rodolfo Tamez, Municipal Court staffand members Minutes - Regular Council Meeting April 10, 2001 Page 10 of the Municipal Court Committee for their efforts in greatly improving the court's operations and collections. He said he hopes the community understands that they are not going to tolerate people breaking the law and not paying their fines. Mr. Juan Pefia, of Linebarger Heard, said that during the evaluation process he told Mr. Paul Chapa that he could not promote the law firm but rather himself as the manager of the firm's local office. He said Mr. Chapa's commitment transcends any commitment a non-local firm could make. Mayor Neal opened discussion on Item 13, South Texas Electric Project Inc. Mr. Mark McDaniel, Director of Management and Budget, explained that the City of Corpus Christi is examining many aggregation opportunities with respect to the deregulation of electricity. He said the deregulated market will consist of large customers (using over 1,000 kilowatts of peak demand) and smaller customers (including residential and small commercial customers). Mr. McDaniel said staff has been meeting with representatives of several area cities (as described in the agenda packet) and they are considering aggregation as one option. In addition, Mr. Geoffrey Gay, an attorney who specializes in electric industry legalities, will make a presentation on the issue in the near future. Mr. McDaniel said other city staff members involved are Mr. Massey and Mr. Bray. Responding to Mayor Neal, Mr. Bray said the formation of this public subdivision corporation would allow the corporation, on behalf of the member cities, to buy directly from electric generators. He said most of the rest of the aggregation methods have the aggregated groups going through a retail electric provider as an intermediary. Mayor Neal said he thought this proposal was a good idea. He called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 024422 Resolution approving the creation of and the Articles of Incorporation of the South Texas Electric Project Inc. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal said that Item 14, the executive session regarding City of Corpus Christi v. William Riddick et al, No. 95-7104-G, 319th District Court, Nueces County, Texas, was being withdrawn. He then called for the City Manager's report. Mr. Garcia said next week staff will provide another presentation on the Bond 2000 projects Minutes - Regular Council Meeting April I07 2001 Page 11 and on April 24th there will be two Council meetings: at 10 a.m. the sitting Council will canvass the returns from the April 21st runoff election and then there will be a brief reception for the outgoing Council members; and at 2 p.m. the new Council will be sworn in, have a brief reception, and proceed ~vith a regular meeting. Mr. Garcia also discussed plans for the Council retreat. He noted that in 1999 after the then- new Council had been seated, they held a 1 ½-day retreat setting their goals and priorities for the next two years and in 2000 they had a shorter mid-term retreat evaluating those goals. He said they were planning the same format for the 2001 retreat tentatively scheduled for April 27-28, which will again be facilitated by Mr. Scott Elliff. A brief discussion ensued about the date of the retreat. Mr. Garcia noted that a group of stakeholders has been formed to provide input on the convention center and arena projects. Their next meeting will be held May 2nd at 10 a.m. at the convention center and the Council is invited (the meeting will be posted). In addition, the opening of the new exhibit hall at the Museum of Science and History is scheduled for May 18th. Mayor Neal said a criminal complaint has been filed against him by Mr. Jack Gordy. The Mayor said he has hired an attorney to represent him on that issue and he stated that them was no criminal intent of any kind. He then called for Council concerns and reports. Dr. Gonzales said he would be out of town on April 24th because it is his birthday. He said he hopes to be present at next week's Council meeting but in case he is not, he wanted to thank the public for the opportunity to serve during the last four years. He said the Council accomplished many things and he looks forward to continue working in the community to improve it. Mr. Colmenero suggested that the Council view the operations of the law firm hired to collect outstanding court fines. He also requested information about the brush collection cycle and an update on CDBG projects in the area of Watson Street. Mr. Garrett said that on March 2nd a town hall meeting hosted by several Council members was held on Padre Island. He said contrary to what a local publication stated, that meeting was properly posted and he said he resents such accusations. Referring to Mr. Garrett's comment. Mrs. Longoria agreed that City Secretary Chapa is very careful about posting Council meetings. She also asked staff to look into the possibility of resurfacing Lawrence Street from IH-37 to Nueces Bay Boulevard. Mr. Scott said he received a call from a citizen who expressed excitement about progress that has occurred in the city. He commended Ms. Gail Hoffman and Nueces County Commissioner Joe McComb for their efforts on the Packery Channel project. He said the Packery Channel proponents will also keep in mind the concerns raised by the opposition. Mr. Scott also thanked Dr. Gonzales for his work on the Council, saying that he exhibited much enthusiasm. Ms. Cooper asked about the signalization at the intersection of Staples and Lipes. Mr. Garcia Minutes - Regular Council Meeting April 10, 2001 Page 12 said there is a flashing yellow light on Staples and a flashing red light and stop signs on Lipes. Ms. Cooper said people approaching Staples Street on Lipes think it is a four-way stop and she suggested more signage be placed there. Mr. Garcia acknowledged that that is one of the most dangerous intersections in the city and high travel speed is often a problem. Ms. Cooper also congratulated Dr. Gonzales for his years of service to the community. Mr. Kirmison said the parking lot at Barnes and Noble poses severe driving hazards. He also said he has enjoyed the last two years and thanked Dr. Gonzales for his service. Mr. Scott thanked city staff for their work on the Packery Channel project, which withstood significant scrutiny from the community and passed by a margin of 60% in favor and 40% opposed. Mr. Longoria asked about towing service regulations, particularly regarding towing on the beach. Mr. Garcia replied that the city regulates what a towing company can charge for towing on a public street (such as after an accident); however, towing charges are unregulated on private property. He added that after areas of the beach were annexed, the city purchased four-wheel drive vehicles outfitted with winches to pull vehicles out of the sand. Mr. Longoria also thanked Dr. Gonzales for his four years of service. Mayor Neal suggested that the Council retreat be tentatively scheduled for April 30th and May 1 st in the Watergarden Room of the Museum of Science and History. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 4:22 p.m. on April 10, 2001. 2 AGENDA MEMORANDUM DATE: April 12, 2001 SUBJECT: Animal and Vector Control Facility Bond Issue Project No. A2 AGENDAITEM: Presentation on Animal and Vector Control Building by NE Consultant Bennett, Martin, Solka & Torno. (Bond Issue Project A-2) ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 3 Public Health and Safety Improvements. The NE consultant will submit a presentation on the location, site plan and design packages and estimated construction value of the project. RECOMMENDATION: This presentation is for informational purposes only and no action is required. 'Angel R. Escobar, P.E., ' / Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map Attachment (1) Presentation AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Animal and Vector Control Facility Bond Issue Project No. A2 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. January 30, 2001 - Motion authorizing the City Manager, or his designee, to execute an architectural services contract with Bennett, Martin, Solka, & Tomo in the amount of $261,725 for architectural services associated with the Animal and Vector Control Facility. (M2001-033). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Approval of construction contract(s) as required. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: The proposed project replaces the existing Animal Control and Vector Control facilities. The existing facilities are overcrowded; the animal kennels do not drain properly; water pressure is inadequate; electrical, heating and lighting systems need to be upgraded for safety and security; and animal cages are too small for comfort and make cleaning difficult. Both facilities also do not meet many ADA requirements. Much of the Animal Control site is leased which expires December 2002. H:~HOM E'4.Y N DAS~EN'.PUBLIC HEALTH & ,%~F ETY~A-2~PRESEN TATIO N~BAC KGROU N D DOC I EXHIBIT "A" Page 1 of I \ Mproject \ councilexhibits \ exh51 17, dwg N SACKY DRIVE PROJECT LOCA~ON 5552 Ayers HYGEIA CIRCLE SACKY PARK SERVICE CENTER RD. ;IBBS ST.! MUNICPAL ~ SERVICE CENTER ~ ANIMAL AND VECTOR CONTROL FACILITY DR. HOLLY ROAD PROJECT # 5117 EXHT. B.TT "B" ANZMAL AND VECTOR CONTROL FACZL~TY CITY OF CORPUS CHRISTI, TEXAS CZTYCOUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SER~CES PAGE: I of 2 DATE: 04/10/2001 councilexhibits exh5117Bsi~epl, dwg I MUNICIPAL , SERVICE CENTER ~ 7 0 10 -- LEI ~ 2 ~ U') [ u i i i i i i ~U]]]]]T~ D , I .. __p,,, :,,_,,,,,,_,:,, I___ HOLLY ROAD Slte Plan NOT TO SCALE LEGEND 1. ADMINISTRATION 9. CONTNNMENT AREA FOR 2. GUEST AND EMPLOYEE PARKING INSECTICIDE STORAGE TANKS 3. CI~Y VEHICLES 10. VECTOR CONTROL SHOP 4. NIGHT DEPOSITORY 11. LIVESTOCK FOWL PENS 5. ANIMAL UNLOADING 12. LNESTOCK STORAGE 6. KENNELS 13. BULK STORAGE 7. EUTHANASA BUILDING 14. SICK CATS 8. SURVEILLANCE EQUIPMENT STORAGE BUILDING PROJECT No. 5117 ATTACHMENT TO ~XHIBIT "B" ANIII~I. IVECTOR CONTROl. FA¢II. Irg DEPARTMENT OF ENGINEERING SERVICES AT CITY'S SERVICE CENTER PAGE: 2 ol= 2 CITY OF CORPUS CHRISTi, TEXAS DATE: 04/10/2001 Animal and Vector Control Facility Presentation to The Corpus Christi City Council City Project #5117 April 17, 2001 1 BENNET'I' MARTIN SOLKA AND TORNO. INC. ARCHITECTS Service ceme~ROad ~'~°° ~- ~ b 13 0 Animal Kennels Design Package "B " 7 Animal Kennels Design Package "B" Animal and ■ Kennels ❑ Proposed Add Alternate ❑ Office/Support ----------------- BENN ETT MARTIN SOLKA AND TORNO, INC. ARCHITECTS Vector Control Shop Buildin Design Package "C" with Site Work 0 Vector Control Shop Buildin Design Package "C' with Site Work Animal and 10 BENNE"1'"I MARTIN SOLKA AND TORNO, INC. ARCHITECTS Estimated Construction Value Administration Building ............. $ 6749300 Design Package "A" Animal Kennels............ $ Design Package "B" Vector Control Shop Building ...... $ Design Package C with Site Work 740,000 646,000 Total of Bid Packages A, B, & C ... $ 2,060,300 Construction Budget. 0 0 a 0 0 a 0 0 0 * 0 0 0 0 0 0 0 $ 2,060,300 *Project is on schedule and in budget l l BENNETT MARTIN SOLKA AND Animal and TORNO. INC. ARCHI#..CTS 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of thirteen (13) automated side- loading refuse trucks from the Houston-Galveston Area Council of Government (HGAC) for the total of $1,951,850.54. The award is based on the cooperative purchasing agreement with HGAC. These automated side-loading refi~se trucks will be used by the Solid Waste Services. Financing will be provided through the City's lease/purchase financing agreement through Banc of America. These refuse trucks will be replacements to the fleet. Purpose: These automated side-loaders will be used by the Solid Waste Services Department as replacements for the manually operated rear-loaders the department now utilizes. They will be used in the first phase of implementation of a City-wide automated collection system for municipal solid waste. Basis of Award: The trucks will be purchased through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. Price Analysis: No price history available due to no previous purchases of these type of trucks. Funding: These refuse trucks will be funded through the City's lease/purchase financing agreement for a 60-month period. The estimated interest rate is 3.95%. The actual interest rate will be determined after acceptance of the vehicles. The annual payment for all thirteen (13 ) refuse trucks is $430,827.36. The 60 months total, including principal $1,951,851.00 and interest of $202, 285.96 is $2,154,136.96. Michael Barrera, C.P.M. Procurement & General Services Manager Solid Waste Services 530190-1020-12510 -FY00/01 $416,592 BACKGROUND INFORMATION SUBJECT: Fome Main Repair and Replacement (Line B) - Hardwick Rd. to Wooldridge Rd. Project No. 7027 Acquisition of Parcel 8 PRIOR COUNCIL ACTION: November 27, 1997 - Award of a contract for Engineering Services to Goldston Engineering, Inc. in the amount of $268,550 for Stage 1 of the Force Main Repairs and Replacement project. (Motion No. M97-348) 2. April 13, 1999 - Motion authorizing the City Manager to execute Amendment No. 2 in the amount of $63,500 to contract for engineering services with Goldston Engineering providing for Stage 2 Design & Construction of Line B. (Motion No. M99-098) 3. January 30, 2001 - Approval of the acquisition of Parcel 1for $17,673 in connection with the the Force Main Repairs and Replacement project. (Motion No. M2001-037) FUTURE COUNCIL ACTION: 1. Approval of land and easement purchases which exceed $15,000. 2. Approval of required construction contracts. OVERVIEW: Background: A portion of Line B, the force main between Williams Drive and the Wooldridge Road Lift Station collapsed in October 1998. Emergency work resulted in the installation of approximately 1,420 linear feet of a new 30" poly-vinyl chloride (PVC) force main, re-routed from the backyards of residences to the street. Ultrasonic inspections of the pipeline at several other locations indicated the need for replacement this line. City staff has determined that replacement of 3,955 linear feet of this line is necessary and that it be done as soon as possible. Land.Acquisition: Land acquisition for this project involves acquiring a combination of permanent Utility Easements and Temporary Construction Easements along this route. Nine separate parcels have been selected for acquisition. Parcel 8 is being acquired by Warranty Deed in order to expand the existing Wooldridge Road Lift Station site and provide a 50 foot wide buffer zone. New improvements include landscaping, perimeter fencing, and other site enhancements. A map showing the location of the property and an Information Summary of the subject easements are attached as Exhibits B and C, respectively. Staff has negotiated the purchase of this parcel for the appraised value of $37,133. As per the Seller's request, this parcel will be escrowed and closed at Stewart Title Company. H:\HOME\EUSEBIOG\GEN~Agenda Items\ForceMain.meck\Background Info.doc Exhibit A AGENDA MEMORANDUM April 17, 2001 SUBJECT: Fome Main Repair and Replacement (Line B) - Hardwick Rd. to Wooldridge Rd. Project No. 7027 Acquisition of Parcel 8 AGENDA ITEM: Motion authorizing the acquisition of Parcel 8 located on Wooldridge Road next to the Wooldridge Road Lift Station in connection with the Force Main Repair & Replacement Project (Line B) - Hardwick Drive to Wooldridge Road, for the amount of $37,133 from the owners David H. Meck and wife Denise Ann Meck. ISSUE: Three major ductile iron force mains, approximately 19,750 lineal feet, transporting wastewater to the Oso Wastewater Treatment Plant (VVWTP) have experienced breaks and general deterioration from hydrogen sulfide gas. Based on the engineering consultant's report, one of the mains, Line B, needs to be replaced immediately if reliable wastewater service is to be maintained within the service area. This project requires the acquisition of nine parcels for the installation of this new force main. This parcel is required for expansion of the Lift Station site located on Wooldridge Road. REQUIRED COUNCIL ACTION: Contracts for acquisition in excess of $15,000 require City Council approval. RECOMMENDATION: Approval of the motion as presented. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Location Map Information Summary Contract Summary H:\HOME\EUSEBIOG\GEN~Agenda Items\ForceMain.meck~Agenda Memorandum.doc File : \Mproject\councilexhibits\exh7027S.dwq CORPUS CHRISTI DAVID H, MECK 7.89 AC. PROJECT LOCATION LOCATION ~P NOT TO SCALE CITY PROJECT No. Force Main Repairs & Replacement 1999ss Parcel 8 Cl~ OF CORPUS CHRISTI, TEXAS EXHIBIT B CITY COUNCIL EXHIBIT ~ ~P~TOFENGINEERINC ~RI4C~ PAGE: I of I ~,,_. ~: 4-4-2001 ~ INFORMATION SUMMARY Project 7027: FORCE MAIN REPAIR & REPLACEMENT (LINE B) PARCEL 8 Owner: Location: Leg@l: Zoning: Size: Platted: Tax Value (NCAD): Appraiser: Appraised Value: Negotiated Price: David H. Meck and wife, Denise Ann Meck Wooldridge Road adjacent to the Wooldridge Road Lift Station Lot 1, Block 1, Airline Subdivision Unit 4, Corpus Christi, Texas B-l, Neighborhood Business District Parent Tract: Parcel 8 Fee Simple taking: Yes $343,697 or $1.00 per square foot Ralph L. Cook, ASA,SRA $37,250 $37,133 7.89 acres 13,503 square feet (.310 ac.) \\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\ForceMain.meck\lnformation Summary,doc L Exhibit CONTRACT SUMMARY Project 7027: FORCE MAIN REPAIR & REPLACEMENT (LINE B) PARCEL 8 This Contract is entered into by David H. Meck and wife, Denise Ann Meck (SELLER) and the the City of Corpus Christi (BUYER). 1. Legal Description - 13,305 s.f. out of Lot 1, Block 1, Airline Subdivision Unit 4 2. Purchase Price - $37,133 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seller, up to and including 2000. Taxes for 2001 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. Any Real Estate Commissions will be paid by Seller 12. City's contractor may begin construction on the property after all parties have signed this contract. H:\HOME\EUSEBIOG\GEN~Agenda Items\ForceMain.meck\Contract Summary.doc Exhibit D 5 AGENDA MEMORANDUM SUBJECT: Acquisition of Parcels 8 & 9 Southside Water Transmission Main, Phase Clarkwood (Project #6087) April 17, 2001 1, O.N.Stevens Plant to AGENDA ITEM: Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. ISSUE: The Southside Water Transmission Main, Phase 1, O.N. Stevens Plant to Clarkwood Road project calls for the acquisition of Parcels $ & 9 for the construction of a major water transmission main. Negotiations with the owner reached an impasse and condemnation was authorized under Resolution No. 024213 dated September 9, 2000. A condemnation hearing was held on Mamh 22, 2001, which resulted in a Special Commissioner's Award of $7,604. Council action is required to approve the Award amount so that the City can acquire the property. These are the final remaining parcels needed for the project. RECOMMENDATION: Approval of the motion as presented. 'Angel R Escobar P . Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Action Location Map Award of Special Commissioners, Cause No. 00-61686-2' \\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans,Tamez.award~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Acquisition of Parcels 8 & 9. Southside Water Transmission Clarkwood (Project #6087) Main, Phase 1, O.N. Stevens Plant to PRIOR COUNCIL ACTION: See Exhibit "B." FUTURE COUNCIL ACTION: to: 1. 2. 3. For future phases of this project, Council action is required authorize the expenditure of funds from the Water Capital Projects Fund (Commercial Paper) associated with of this project; and authorize the acquisition of any other parcels in projects where acquisition cost exceeds $15,000; and authorize the condemnation of any parcels where negotiations have reached an impasse and approve the resulting Special Commissioners Award. OVERVIEW: Backqround: In June, 1998, Council awarded an engineering contract to Urban Engineering for the Southside Transmission Main Project - Phase 1 (ONSWTP to Clarkwood Road). The Staples Street Pumping Plant was considered to be one of the later phases of the project. However, Iow water pressure has been an ongoing problem for the City's south side throughout the summers of 1997, 1998 and 1999. The feasibility report for proceeding with construction of the Staples Street Pumping Plant concluded that such action would alleviate the Iow-pressure problems during peak demand hours as an interim measure. Therefore, acceleration of the Staples Street Pumping Plant project was proposed to meet customer demands for delivery of adequate water pressure in the south side of Corpus Christi. The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the Stevens Water Plant to a new pumping plant to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2 (essentially east of . Everhart Road). The new transmission main will substantially increase the hydraulic capacity of the delivery system from the Stevens Plant and will be the primary supply source for the Staples Street Pumping Plant. Parcel Information: Parcels 8 & 9 are located within a 54.12 acre tract of land from Share 3 and 4, John Harney Partition in the Calallen area. Parcel 8 is adjacent to Calallen East Elementary School. The combined parcels consist of a 40-foot wide utility easement containing .776 acres and a 70-foot wide temporary construction easement containing of 2.028 acres. The utility easement is located northeast of and adjacent to an existing 40 foot wide City of Corpus Christi waterline easement. The temporary construction easement is located southwest of the existing 40 foot Exhibit A Pa~¢ lof 1 easement. These parcels are being acquired for the construction of a 60" diameter water transmission main from the O.N. Stevens Plant to Clarkwood Road. The land in consideration consists of vacant farmland and is used for cultivation of crops. City staff negotiated on the basis of this current use. The landowner requested compensation based on improved residential land. Staff's offer, based on the appraised value of $ 4,796, was rejected by the landowner. Negotiations with the owner reached an impasse and condemnation was authorized under Resolution No. 024213 dated September 9, 2000. A condemnation hearing was held on March 22, 2001, which resulted in a Special Commissioner's Award of $7,604. Council action is required to approve the Award amount so that the City can acquire the property. These are the final remaining parcels needed for the project. \\ENGINEEKING\DATAI\HOME\EUSEBIOG\GEI'&Agenda Item\SS Water Trans.Tamez.award\Background.doc Exhibit A Paee lof2 PRIOR COUNCIL ACTION 10. 11. 12. 13. 14. 15. 16. 17. September 911997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. I in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to CIarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to CIarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. 023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). · September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to Existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main ~ Stevens Plant to Clarkwood Road project (M2000- 106). Apdl 18, 2000- Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014) Exhibit B Pae¢ 1 of 2 18. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213) 19. September 19,2000 ~ Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332) 20. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 21. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to CIarkwood Road project (M2000-060). H:\HOME\EUSEBIOG\GENW, genda Items\SS Water Trans.Tamez.award\Prior Council Action.doc Exhibit B Pa~e 2 0£2 File : ~Mproject\landaq\8194\exh8194-8-gesmt. dwg , , x ~,~ ,, ,,:,, / ~Tx. ~ , ', ,~',~ . ,,,, . ~ , , .. ~ ~ .~,,,,,, / ~ - ~ '~'1 ~ ~ ~,,,~~ , , ~ ,'~ ~'~ CO. ,' ~',~'~ / ~/~-~ ~ ,,- / ~,, / ,':~,/~,, ~e~ ,, ~ ,/ /~,~ / /~-' ~ ~ · ,,/ ZNSET N.~S. VZCZNZ~ ~P CZTY PROJECT NO. 8194 NOr TO S~L~ EXHZBZT "C" SouthsJde Eatec Tcans~JssJon ~aJn cz~ COUNCZL EX~ZBZT DEPARTMENT OF ~NGINEERING SE~C~ PaPcels 8 and 9 PAGE: I Of 1 CI~ OF CORPUS CHRISTI, TEXAS DA~: 04-05-01 ~ ~ CAUSE NO. 00-61686-2 CITY OF CORPUS CHRISIT, * IN THE COUNTY COURT Condemnor v. AT LAW NO. 2 TAMEZ DEVELOPMENT CORPORATION, Owner * NUECES COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On March 22, 2001, in the City of Corpus Christi, Nueces County Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners by the Judge of County Court at Law No. 2, Nueces County, Texas to assess the damages caused by these proceedings. The Plaintiff, City of Corpus Christi, Texas, a municipal corporation located in Nueces County, Texas, appeared through legal counsel, Joseph Hamey. The Defendants, although duly served, failed to appear/ ~ ~ ~ counsel ap~ed~ appeared through legal . The Commissioners proceeded to hear the evidence and arguments of the parties and made the following findings: I. That on October 11, 2000, the City of Corpus Christi, Texas, Plaintiff, filed its "Original Statement and Petition in Condemnation" with the Clerk of Nueces County, Texas, ~vherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi a permanent right of way easement and a temporary construction easement to the land described in Exhibit A, excluding the oil and gas rights, for the purpose of constructing, maintaining and inspecting a water transmission main Exhibit D Pac~e 1 of 6 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 the Plaintiff, the Judge of the Court did appoint three disinterested freeholders efNueces County, Texas, as Special Commissioners to assess the damages caused by the said taking of said property. III. That the said Special Commissioners did, by written order, designate and appoint the 22nd day of March, 2001, at 9:00 a.m., in the Nueces County Courthouse, County Court No. 2, situated in Nueces County, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time and such being the county seat in which the property is situated. IV. That hereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers of this cause. V. That on the 22nd day of March, 2001, 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 F. Harney, Asst. City Attorney of the City of Corpus Christi, Texas; And the Defendants, although duly served, failed to appear/~n p_.~n/)appeared through their attorney of record, and announced ready for such hearing, and said Special 2 Exhibit D Pacle 2 of 6 Commissioners proceeded to hear evidence as to the damages which will be sustained by the owners by reason of the taking of said land. VI. The land subject to the taking is as follows: A permanent right of way easement and a temporary construction easement in the property described in the attached Exhibit A, exclusive ofoil and gas rights. VII. The Special Commissioners find that the City of Corpus Christi, as Condemnor, offered to pay a total of $4,796.00 to the property owners before these proceedings began. After hearing and consideration of all such evidence, said Special Commissioners find and determine and accordingly assess damages to be paid by the City of Corpus Christi according to the rule of damages set forth in the Texas Property Code, the amount of .~/~ '~oS'~JD ~/X ~t/~ rJ0~/_C, oo~;($. '7~ 0L/~ ) Dollars for said parcel to the owners. VIII. Accrued costs of this proceeding, consisting of filing fees only, are hereby adjudged against Signed this the day of March, 2001. Special Commissioner Special Commissioner Exhibit D 3 Pa~e 3 of 6 Special Commissioner Approved astoform: Joseph F. Hamey Assistant City A~omey Exhibit D 4 Paqe 4 of 6 COUNTY CF NUEC-'- S F_N INEERtNG Job March ~1. 1999 ~ARCEL~ ~ & 9 ~AX(~61~854-6C01 ~;tdnotes for a ,~0.00 fora wiOe easement out of a 54 *,2 acre tract: said 5412. acre tract, ~eing out of Shares 3 one 4...'cnn Homey Partition. a mad of wmcn ts rocor:cO in Volume 6. Fage 2.9. Mae Recoms of Nueces County. Texas and being the same ~reperry 0esc;-,cecl in Oocument No. 1997045825, Cfficial Recor=s of Nueces Ccumy. Texas: said 40.00 foot wide easement ~eincj more futly clescnbed as foll~s: Eeginmng at a :oint on :ne common Ceuncary cf saict 54.12 acre tract and of Let 12. Eloc,k 8. Cailicoa~te Estates dnit 2. a mae of which is recor~e~ :n Volume 47 =ages 37' through 39. MaD Recoms of NueCeS Cc."my. Texas f=r :,",e mcat westeny comer ef this eaaemer.*, from ',,,mc,~ corner t~,e west comer cf saici Let 12 eno comer of ssi(: 54 12 acre tract =care Norm 2§°¢0'47- West. at 22-%2¢ feet bass a founo 5i8 inch ~ron roe. in all a tctat · ..n, of =° ....... ~'~ationai GeoOetic E'-'r~ev monument, stamoe~', 'SCI 200" ~e=-r~ ~cum 4'z'-'6'C6' E~-s~ ~.:.5!.17 Thence scum 2.§'40'47- East. w~th the common _-=,_'n~ary of saic154.12, acre tram eno of saict !_ct 12. same Coins the northwesterly bound:sty of this easement. ~2,%51 feet for the no,hoMy comer of this easement: Thence =-curb 19'37'~ ~' East. with the ncr, neaste.'Iv ~oundarv of this easement· !:assing through said Shares 4 anti 3. a 0is:anco of 670.39 feet to the common =~-unciary o~ saici Share 3 one of Share 2.. saicl Homey ~amtton for the east comer of this easement: Thence ~outn 36'3s'47' '/Vest. with the common =cuncary of sale Shares 2. an0 3. same being the southeas~ ~cuncar! of '.his easement. 48.12. feet for :ne south comer of this easement, from which comer a iron C~ce founO for :,lo south comer of sm0 =-hare -~ --no for :~.e west corner cf ssi0 Share 2 ~,eare =-cum t/Vest..,,.,;=~ solo c=..'.'~.men =ounc~Fy. cf =-hares 2 --nc % '= _-:stance of 1441 .~9 Thence Nc~n ;'..-'~?'~5" ·~Jest. --~ ,,~ ..... ~- _ .... c,=rz ..... is ess ......... °~-C-2.~"' ~,Ncrtn c=cr'"mate = ,34.~ ..... 0 --.[st c==."=:n~:e = t 74.~ ~ 3.475C'~ a~c '=-C-2.~G' ~Ncrtm _ ,- _. ~= :=:, -. ..... ; points for ccorc:nate - , ¢ ..~.8.'- ...... g --~.st cccrcinate = * 2=-'.E7'-.27-90~ were '-'see =- c ".as~s cf besnng. C:armnates s~.own are oaseci c~ Texas S'.2te F!ane Cccrmnate System. South Zone Exhibit D Paqe 5 of 6 146~4.5 AC. OUT OF ORIGINAL 200 AC, M£RRITr TRACT. SAID 146.4-3 AC. TRACT RECORDED IN DOC. NO. 199804.2810, OFF1CL~/- RECOROS OF NUECES cOUNTY. Exhibit D Pane 6 of 6 6 AGENDA MEMORANDUM DATE: April 9, 2001 SUBJECT: RTA Interlocal Agreement for Street Improvement AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an interlocal governmental agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes. ISSUES: Approval of an inter-local agreement is necessary for the RTA to provide the City with funding under their new street improvement program. RECOMMENDATION: Approval of the resolution and ordinance as presented. Ronald F. Massey Assistant City Manager Attachments: Exhibit A - Additional Information ADDITIONAL INFORMATION BACKGROUND: Negotiations between the City and RTA for the CY2001 Interlocal Agreement for the Street Improvement Fund have been on-going. The focus has been to secure additional funding for the City, while addressing the concerns of the RTA Board. During negotiations, Linda Watson (RTA General Manager) notified the City that the RTA Board budgeted $1,502,311 for CY2001. This represents an increase over the CY2000 agreement of $1,472,854. The CY2001 funding consists of $1,002,311 for General Purpose Street Improvements and $500,000 for Special Projects primarily benefitting the RTA. RTA has set aside $500,000 for Special Projects during the past two years. ~,tlile the increase in the contribution is modest, it is significant to note the RTA experienced a 400% increase in fuel costs since 1999. Additionally, the RTA's sales tax and passenger revenues have been fiat during the same time period. Agreements: The format of the current agreement with the Street Improvement Fund began in 1999. The City and RTA operated under a 1985 agreement until 1991. The 1985 agreement provided for the RTA to pay the City an amount for certain transportation-related purposes that was adjusted by the inflation rate each year. During December, 1991, the RTA Board established two funds to benefit all cities in the RTA service area. The 1991 Street Improvement Fund continued the payment for certain transportation-related purposes. The proceeds of the second fund (Transportation Assistance Fund) was used by the City of Corpus Christi to defray the cost of Emergency Medical transportation until 1999. AGREEMENT SUMMARY: The 1985 agreement was not terminated by the current inter-local agreement. The 1985 inter-local agreement remains in full force and effect should the current inter- local agreement not be renewed in the future. The agreement allows both the RTA and City to identify particular projects being funded through the Program well in advance, and enable the RTA to increase the overall amount available for the new Street Improvement Fund as part of its operating budget. The RTA General Manager and City Manager work together each year to develop a final list of projects to be funded by the RTA. RTA allocates a percentage of its sales tax receipts to fund the new Street Improvement Program. Other major points of the agreement are: 1. the RTA and City may enter into other agreements for street improvements or other transportation related projects of mutual interest outside the terms of this inter-local agreement; 2. the RTA may directly pay the City, reimburse the City, or to directly contract for project depending on whichever alternative is deemed most convenient or efficient; 3. the City will report to RTA within ninety (90) days following the end of each year of the agreement a brief report of funds received, fund expended for each project, and the status of any project not completed; 4. the term of the agreement is for one year, and is subject to automatic renewal; and 5. termination of the agreement is subject to notification to the other party ninety (90) days in advance of termination. Exhibit "A" I Page I of 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL GOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY (RTA) FOR THE RTA TO PROVIDE THE CITY MONEY ANNUALLY FOR STREET IMPROVEMENT PURPOSES. WHEREAS, the City Council of the City of Corpus Christi, a Texas home-rule municipal corporation, ("City") pursuant to the authority granted by Chapter 791 Government Code, V.T.C.A., as amended, desires to participate in an intertocal governmental agreement with the Regional Transportation Authority, a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, ("RTA") for the RTA to provide the City money annually for street improvement purposes, the amount to vary annually based on a percentage of RTA's sales tax being allocated to all its participating governmental units. WHEREAS, on December 18, 199I, the Board of Directors of the RTA established two funds, a Street Improvement Fund and a Transportation Assistance Fund, benefiting all cities in the RTA service area designating that the proceeds from the two funds would be utilized by each governmental entity for certain transportation-related purposes; and WHEREAS, the Board of Directors of RTA merged the Transportation Assistance Fund and the Street Improvement Fund into a new street improvement program (the "Street Improvement Program" or the "Program") to facilitate the efficient administration and operation of financial assistance for street improvements to local government cities; and WHEREAS, the RTA and the City acknowledge that a prior street improvement program between the parties exists pursuant to that original 1985 interlocal agreement between the City and the RTA, and the funding provided under that 1985 interlocal agreement is included within this Agreement; however, nothing herein shall have the effect of terminating that 1985 interlocal agreement and in the event of non-renewal of this Agreement said 1985 interlocal agreement shall remain in full force and effect; and WHEREAS, the new Program streamlines and clarifies the street improvement process, allows' }~oth the RTA and the City to identify particular projects being funded through the Program well in advance, and enables the RTA to increase the overall amount available for the new Street Improvement Fund as part of its operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute an interlocal agreement with the Regional Transportation Authority for the RTA to provide the City money LOA\res.039 annually for street improvement purposes as set out in the Agreement. a copy of which is on file with the City Secretary. The projected funding for fiscal year 2001 under this Agreement is $1,502,311. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Samuel L. Neal, Jr., Mayor Legal form approved on ~ [ o ,2001; James R. Bray, Jr., City Attorney. By: Lisa Aguilar~ City Attorney LOA\rcs.039 7 CITY COUNCIL AGENDA MEMORANDUM DATE: March 20, 2001 AGENDA ITEM: Ordinance abandoning and vacating a 1,964.65-square foot portion of a 10-foot wide utility easement out of Lot 3, Block 1, Navigation Industrial Park Subdivision; requiring the owner, Ray West Warehouses, Inc., 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 Ray West Warehouses, inc., Naismith Engineering is requesting the abandoning and vacating of the easement to expand their present facilities. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate 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. -~Z),-'j-/~ngel R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSURE AND BACKGROUND: On behalf of Ray West Warehouses, Inc., Naismith Engineering is requesting the abandonment and vacating of a 1,964.65-square foot portion of a 10-foot wide utility easement out of Lot 3, Block 1, Navigation Industrial Park. The easement to be abandoned and vacated is located in Zone R-lB within the city limits of Corpus Christi. Ray West Warehouses, Inc. owns Lot 3, Block 1, Navigation Industrial Park, which embraces the portion of utility easement proposed for abandonment and vacating. The owner is proposing to expand the existing facilities therefore needing the area currently occupied by the easement proposed to be abandoned and vacated. All public and franchised utilities were contacted. CP&L has an existing overhead power line within the easement and has agreed to relocate it at owner's expense. No other objections were received to the proposed action from any other public and franchised utilities. Staff recommends payment of a fair market value of $1.768 for the abandonment and vacating of the easement. The owner has been advised of and concurs with specified conditions EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 1,964.65 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 3, BLOCK 1, NAVIGATION INDUSTRIAL PARK SUBDIVISION; REQUIRING THE OWNER, RAY WEST WAREHOUSES, 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 1,964.65 square foot portion of a 10 foot wide utility easement out of Lot 3, Block I, Navigation Industrial Park Subdivision as recorded in Volume 46, Pages 118-I 19, Map Records Nueces County, Texas, that the owner, Ray West Warehouses (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 purposss, subject to the provisions below. , ~.~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,964.65 square foot portion of a 10 foot wide utility easement out of Lot 1, Block 3, Navigation Industrial Park, as recorded in Volume 46, Pages 118-119, Map Records 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: Payment of the fair market value is set at $1,768.00 for the total 1,964.65 square foot portion of utility easement right-of-way to be abandoned and vacated. Central Power & Light will relocate existing overhead power lines within the easement at Owner's expense. The Owner must replat the portions of Navigation Industrial Park 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 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 17th day of April, 2001. \\CITYHALL02\USERS\LEG-DIR\SHINDA\JOSEPI-BORD-NavIP.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L' Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney d,? /// ,2001 BY: Joseph H~y / ~'"~(~ ~ Assistant City Attorney \\CITYHALL02\USERS\LEG-DIR\SHINDA\JOSEPI-BORD-NavIP.doc LEOPARD STREET -2 EASEMENT ABANDONMENT NAVIGATION INDUSTRIAL PARK 8 CITY COUNCIL AGENDA MEMORANDUM April 10, 2001 AGENDA ITEM: Motion authorizing the City of Corpus Chfisfi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY 2001, required by Senate Bill 1, 75th Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $45,529.65. ISSUE: Senate Bill I in 1997 comprehensively changed Texas water laws. One aspect of the bill provided for a comprehensive long range planning process through the creation of Regional Water Planning Groups (RWPG). With input from Corpus Christi and other entities from this area, the Texas Water Development Board appointed a RWPG for this area. The taw required that the RWPG appoint a political subdivision as its administrative representative in the planning process. In February 1998, the City and the Nueces River Authority (NRA) executed an agreemem proposing NRA as the administrative representative. The RWPG subsequently approved NRA. The agreemem also anticipated that, pursuant to the statute, an equitable plan would be developed for sharing of costs, which had to be borne locally in order to receive State planning funds. On August 25, 1998, the City Council approved $115,000 for the City's share of local costs for that year (M98-304). Subsequently on August 24, 1999, the Council approved $45,300 in additional funds due to a revision of the formula for participating entities for the period of March 1998 through December 2000 (M99-280). For 2001, the RWPG has approved $60,000 as the interim budget. Allocation was based on the interim budget divided by 568,372, (the total regional population projected by the year 2000). The resulting per capita cost of $. 1056 was then aggregated to political subdivisions on the basis of the projected 2000 population. During the initial planning period, the City agreed to pay on behalf of all the political subdivisions receiving water from the City. Based on the above interim budget and allocation calculation, the City has been allocated $45,529.65 as their portion of the administrative cost for the interim planning period. FUNDING: Funds are budgeted in Water Supply Development organization (530000-4010-30230) of the Water Fund for a total available of $45,529.65. RECOMMENDATION: Staffrecommends that the proposed motion be approved, which will approve the formula and cost allocation adopted by th Regional Wat Planning Group. Water Superintendent Coastal Bend Regional Water Planning Group TWD~ 6300 Ocean Drive, February 5, 200 [ NRC 3100, Corpus Christi, Texas 78412 Phone: 361-825-3193; Fax: 361-82S-3195 Mr. Ed Garana, P.E. Water Superintendent City of Corpus Chtisti P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Allocations for Administrative Expenses Associated with th~ Senate Bill 1 Regional Water Planning Program for the Coastal Bend Region during FY2001 The Coastal Bend Regional Water Planning Cnoup (Coastal Bend RWPG) is responsible for allocating the administrative expenses associated with the interim studies of the Senate Bill 1 Regional Water Planning Prognun. Each political subdivision in the planning region is responsible for their equitable share of these costs. The interim budget for the Coastal Bend RWPG has been approved as $60,000 (for the period of January 1, 2001 through Decemhea' 31, 2001). Allocation was based on the interim budget divided by 568.372. which is the total regional pop,,lafion projected for the year 2000. The re, suiting per capita cost of $0.1056 was then aggregated up to the political subdivisions on the basis of their projected year 2000 population (se~ the attached table). During the initial plarming period, the City of Co~us Christi agreed to pay on b~hmffof all the political subdivisions receiving waler from the Choke Canyon/La.ke Corpus Cluisti/Lake Texans water supply system. Applying that agreement and based on the above interim budget and allocation calcnlatiom the City of Corpus has been allocated $45,529.65 as their portion of the administrative costs for this interim planning period. The remainder of thc administrative costs ate allocated to politic al subdivisions receiving water from sources other than the City of Corpus C~risfi. For those realdents who do not receive water from one of these political subdivisions (i.e., have their own wells or get s~vic~ from a private or public water supply coq~ration), th~ per capita cost is assigned to tim County ia which they reside. The Coastal Bend RWPO has designated the Nueces River Authority as the political subdivision respons~le for administering this planning process. Payment of yo~r cost share may be remitted to the Nueces River Authority at the above address, ff you have any questions, please contact Mx. Sam~s Dedson at the Coastal Bend Division of the Nueces River Authority: 361-825-3193. Thank you for your atmntiou to this matter. Coastal Bend RWP~ Attachment Coastal Bend RWPG: Allocation of Administrative Expenses by Political Subdivision: Beginning January 2001 City/County 2000 Total Cos'd City/County 2000 Population Amount Due Population ;C ARANSAS PASS (P) 1,245 $ 131.47 * GEORGE WEST 2,872 DC ROCKPORT 9,000 $ 950.40 * THREE RIVERS 1,978 · * COUNTY-OTHER 12,055 $ 1,273.01 ** COUNTY-OTHER 5,169 Aransas County 22,300 $ 2,354.88 Uve Oak County 10,019 Total Cost/ Amount Due $ 303.28 $ 208.88 $ 545.85 $ 1,058.01 ,~C BEEVILLE 15,577 $ 1,644.93 * TILDEN 540 $ 57.02 '* COUNTY-OTHER 12,714 $ 1,342.60 ** COUNTY-OTHER 252 $ 26.61 Bee County 28,291 $ 2,987.53 McMu#en County 792 $ 83.64 * FALFURRIAS 6,341 $ 669.61 CC ARANSAS PASS (P) 24 $ 2.53 ** COUNTY-OTHER 2,640 $ 278.78 CC BISHOP 3,772 $ 398.32 Brooks County 6,981 $ 948.39 CC CORPUS CHRISTi 296,339 $ 31,293.40 * NORTH SAN PEDRO 1,064 $ 112.36 * BENAVIDES 1,910 $ 201.70 CC PORT ARANSAS 2,436 $ 257.24 * FREER 4,276 $ 451.55 * ROBSTOWN 13,922 $ 1,470.16 SAN DIEGO (P) 4,475 $ 472.56 "COUNTY-OTHER 15,024 $ 1,586.53 * COUNTY-OTHER 3,849 $ 406.45 Nueces County 332,581 $ 35,120.55 ** Duval County 14,510 $ 1,532.26 CC ARANSAS PASS (P) 8,189 $ 864.76 ~-C ALICE 22,123 $ 2,3..*~.19 CC GREGORY 3,268 $ 345.10 * ORANGE GROVE 1,458 $ 153.96 CC INGLESIDE 8,022 $ 847.12 * PREMONT 3,105 $ 327.89 CC MATHIS 6,440 $ 680.06 * SAN DIEGO (P) 891 $ 94.09 CC ODEM 2,842 $ 300.12 ** COUNTY-OTHER 13,180 $ 1,391.81 CC PORTLAND 14,828 $ 1,565.84 Jim Wells County 40,757 $ 4,303.94 * SINTON 6,183 $ 652.92 CC TAFT 3,754 $ 396.42 * SARITA 208 $ 21.96 CC TAFT SOUTHWEST 2,143 $ 226.30 ** COUNTY-OTHER 277 $ 29.25 '~ COUNTY-OTHER 17,715 $ 1,870.70 Keeedy County 485 $ 51.22 San Pat~cio County 73,384 $ 7,749.35 ;C KINGSVILLE 31,150 $ 3,289.44 TOTAL FOR Population Amount Due ** COUNTY-OTHER 5,122 $ 54088 REGION 568,372 $ 60,000.00 Kleberg County 36,272 $ 3,830.32 Per Caoita Cost: $0.t056 City of Comus Christi: $ 45,529.65 ;C Denotes payment from the City of Corpus Chdsti * Denotes payment from designated city. ** Denotes payment from designated county. Otherentitas: $ 14,470.35 9 CITY COUNCIL AGENDA MEMORANDUM Date: April 13, 2001 AGENDA ITEM: Resolution authorizing the City Manager, orthe City Manager's designee, to apply to the National League of Cities for the Technical Assistance Opportunities for Municipal Leaders, a program that seeks to expand the availability and improve the quality of afterschool programs in local communities. ISSUE: As a key leader in the Youth Opportunities United (YOU) Initiative, the City of orpus Chnst~ was ~nstrumental ~n the deve opment of grant proposa s subm tted to federa agencies to develop expanded learning opportunities for youth in our community. The Corpus Christi community has received more than $4.1 million in federal grants during the past year to establish nine expanded learning centers. These centers offer afterschool, weekend and summer programs at junior high and middle school campuses within three of the five school districts in the City of Corpus Christi. When these federal grant funds are expended, additional funds will be needed to sustain and expand these afterschool services in our community. The National League of Cities MunicipaL~eadership Opportunities grant will provide the technical assistance to the City and its team members to develop ways to sustain and expand the availability and improve the quality of afterschool programs in Corpus Christi. IMPLEMENTATION SCHEDULE: The proposal is due April 20, 2001. RECOMMENDATION: Staff recommends approval of the resolution as presented. W. Thomas Utter Assistant City Manager BACKGROUND INFORMATION The purpose of the Municipal Leadership for Expanded Learning Opportunities is to provide technical assistance to mayors, city council members, and other municipal leaders who are interested in promoting improvements in urban schools or supporting expanded learning opportunities during afterschool hours. The program provides an intensive 30-month technical assistance effort involving a group of 6-8 cities in the nation. The program will highlight and promote ways in which mayors and council members can work in partnership with local school officials and other community partners to achieve these important goals. The National League of Cities Institute for Youth Education and Families will work directly with teams via site visits from each participating city to assist them as they develop and implement city-wide school improvement or afterschool plans. NLC will select 6-8 cities to participate in the program and will announce their selections May 4, 2001. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO APPLY TO THE NATIONAL LEAGUE OF CITIES FOR THE TECHNICAL ASSISTANCE OPPORTUNITIES FOR MUNICIPAL LEADERS, A PROGRAM THAT SEEKS TO EXPAND THE AVAILABILITY AND IMPROVE THE QUALITY OF AFTER-SCHOOL PROGRAMS IN LOCAL COMMUNITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to to apply to the National League of Cities for the Technical Assistance Opportunities for Municipal Leaders, a program that seeks to expand the availability and improve the quality of after-school programs in local communities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 12th day of April, 2001. James R. Bray Jr. City Attorney R. Jay/Reining J First Assistant City Attorney Samuel L. Neal, Jr. Mayor R14014A2.wpd 10 AGENDA MEMORANDUM PUBLIC HEAR1NG - ZONING (City Conncil Action Date: April 17, 2001) Case No. 0301-01, Israel Mora: A change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District on Kelly Subdivision, Block 1, Lot 1, located on the northwest corner of Old Brownsville Road and Saratoga Boulevard extension. Planning Commission and Staff's Recommendation {03/14/01): Denied the "B-4" General Business District, and in lieu thereof, approved a "B-Y' Business District. Requested Council Action: Denial of the "B-4" General Business District, and in lieu thereoL approval of a "B-Y' Business District and adoption of the attached ordinance. Purpose of Request: To operate a used car sales lot. Summary: The applicant has requested a change of zoning from an "R-IB" One-family Dwelling District to a "B-4" General Business District in order to operate a used auto sales lot. The subject property is located in an area that will transition into a more intense zoning classification, especially with its direct access to an arterial, Old Brownsville Road. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property is also in an area that may be subjected to high levels of aircraft noise. According to the adopted Airport Master Plan, the ultimate noise patterns with the addition of the planned second runway would place the subject property and the surrounding area reside the noise contour of 65DNL (page 2). Within this noise contour, residential development is discouraged. Although the requested "B-4" District permits uses that would be considered compatible with the overflights, it also permits residential uses. The "B-Y' District allows uses similar to the requested zoning district and prohibits residential uses. The applicant has been advised that the "B-Y' District is more compatible. Applicant's Position: The applicant concurs with Plmming Coffamssion and Staff's recommendation. Notification: Prior to the date of this memorandum, fbur (4) notices were mailed to the property ox~ners within a 200-foot radius, of which none were returned in favor or in opposition. The applicant/owner of the subject property submitted a notice in favor. The 20% rule is not in effect. Michlel N. Gunning, AICP Director of Planning MG/MS/er Attachments: l) Ultimate Noise Contour Map Page 2 2) Zoning Report Pages 3-10 3) Comments Received Page Ii 4) Planning Commission Minutes Page 12 5) Ordinances Pages 13-16 ULTIMATE NOISE CONTOUR MAP CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing~Oate: Map No.: Applicant: Legal Description/Location: 0301-01 March 14,2001 78-15 (I13C) Israel Mora Kelly Subdivision. Block 1. Lot 1. located on the northwest comer of Old Brownsville Road and Saratoga Boulevard extension. 0.202 acre (8,786 square feet) Same as above. "R-lB" One-family Dwelling District "B-4" General Business District Vacant land. Operate a used car sales lot. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Surrounding area- "R-1 B" One-family Dwelling District Adiacent Land Use: North - Single-family residence. South - Farm land. East - (across Old Brownsville Road) Undeveloped land. West - Horse stables. Not applicable. Zoning Report Case No. 0301-01 (Israel Mora) Page 2 Number of Residential Units Allowed: ~'R-1B" - 1 unit (I dwelling unit per platted lot) "B-4" - 7 units (36.30 dwelling units per acre) Estimated Traffic Generation: Automob']le sa[es -47.91 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 800 square feet of gross floor area = 38 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Old Brownsville Road - arterial Right-of-Way Design Current: a) 120-foot right-of-way with a 40-foot wide rural paved section. Planned: a) 120-foot right-of-way ~vith 2, 37.' ,.,t back-to-back paved sections with a 26-foot wide median. 1996 Traffic Count (24-hour~ weekday, l~,n-directional): a) 8,450 vehicle per day. 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. Zoning Inventory: The subject property, is part of a 52.27-acre tract of land zoned an "R-lB" District that is predominantly used as farmland. However. there are several single-family residences to the east of the subject property. North of the subject property, there are 1,366.02 acres of farmland zoned an "F-R' District. South and west of the subject property, the area is outside of the city limits and is also predominantly used as farmland. Zoning Report Case No. 0301-01 (Israel Mora Page 3 Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a "B4" General Business District in order to operate a used auto sales lot. The subject property is located in an area that will transition imo a more intense zoning classification, especially with its direct access to an arterial, Old B~ownsville Road. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property is also in an area that may be subjected to high levels of aircraft noise. According to the adopted Airport Master Plan, the ultimate noise patterns with the addition of the planned second runway would place the subject property, and the surrounding area inside the noise contour of 65DNL. Within this noise contour, residential development is discouraged. Although the requested "B-4" District permits uses that would be considered compatible with the overflights, it also permits residential uses. The "B-3" District allows uses similar to the requested zoning district and prohibits residential uses. The applicant has been advised that the "B-3" District is more compatible. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District with the prohibition of residential development. The Port/Airport/Violet Area Development Plan's (PAVADP) adopted future land use map recommends the area to develop with industrial uses. The requested "B-4" District is consistent with the Plan's recommended land use except that it permits residential. A "B-3" District would be more compatible with the Comprehensive Plan Elements and the PAVADP's recommended land use. Potential Housing Density: An "R-lB" District permits a density of 7.26 dwelling un/ts per acre or 1 dwelling unit per platted lot which is 1 unit on the subject property. The requested "B4" District permits 36.30 dwelling units per acre or 7 units on the subject property. A "B-3" District does not permit residential uses or boarding and lodging uses. Hei~_ht/Bulk/Setbacks/Etc.: The "R-IB" District requires a front yard setback of 25 feet and a side and rear yard setback of five (5) feet each. Both the "B4" and "B-Y' Districts require a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (I 0) feet along that residential adjacency would be required. Building heights are limited to 35 feet and three (3) stories in the "R-lB" District. There are no building height limitations in the "B-4" and "B-3" Districts. A side and rear yard setback of ten (10) feet will be required on the subject property. Zoning Report Case No. 0301-01 (Israel Moral Page 4 Signage: Signs in the "R-lB" District are limited to one wail sign with an area not to exceed one square foot. Wall signs in the "B-3" and "B-4" Districts are unlimited as to size and number. Freestanding signs within the front yard setback are limited to one sign per street frontage with a sign area not to exceed forty (40) square feet and a height of 25 feet. Signs located behind the front yard setback are unlimited as to size, height, or number. T'~affic: The proposed auto sales use is estimated to generate a~?roximately 38 daily trip ends. With direct access to an arterial, Old Brownsville Road, any adverse impact onto the street system will be minimal. The subject property does not have any direct access to a local residential street and would not adversely impact the adjacent residences. Parking/Screening: An auto sales use is required to provide one parking space for each 400 square feet of gross floor or two (2) off-street parking spaces for the 800 square feet of gross floor area. Compliance with the off-street 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 requLred when a business or industrial use locates adjacent to a residential district. A standard screening fence will be required along the north, south, and west property lines. · Costs to City: The change in zoning will not necessitate any expenditures by the City. Platting: The subject property contains one platted lot and further replatting is not required. However, it should be noted that if the subject property is not currently connected to the existing undersized water line, connection to that water line will not be approved. Access to water will require the applicant to extend a water line to and across the subject property.. Pros: (Ideas in support of the request.) a) The requested "B-4" District is consistent with the adopted Port/Airport/Violet Area Development Plan's recommended land use. b) The subject property has direct access to an arterial, Old Brownsville Road. c) A "B-3" District is more consistent with the PAVADP because it does not permit residential uses. d) Because residential uses are not permitted in the "B-3" District, it is consistent with the recommended land use in the Airport's study of the ultimate noise contours. Cons: (Ideas in support of maintaining the current zoning.) a) None. Zoning Report Case No. 0301-01 (Israel Moral Page 5 Staff Recommendation: Denial of the "B-4" District. and in lieu thereof, approval of a "B-3" Business District. Attachments: Zoning and Ownership Map Ownership List Airport Area Location Map H 5PLN-DIR~ERMA\WORD~ZONRPTS\0301-01 REPORT.DOC F-R SUBJECT OCL OCL - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) /~ Mot 17~02001 - RP ~ Subject property 300 ~'~ O~ners within 200 feet listed on attoched ownership list CASE Z0301-01 ~_~ ~/o.~&') '~/ OWNERSHIP LIST CASE NO. 0301-01 APPLICANT: ISRAEL MORA 332 SOUTHERN ST. 78404 1 Z0301-01 028100900401 MCDONOUGH PATRICK J JR ET RT 3 BOX 147B-4 ROBSTOWN TX 71}380 ASSESSORS MAP 149 UNDIV 4% INT IN 18.60 ACS OUT H L KINNEY TR 9 2 Z0301-01 389000010020 MORA ISMAEL P ET UX 6330 OLD BROWNSVILLE RD CORPUS CHRISTI TX 78417 KELLY SUBD LT 2 BK I 3 Z0301-01 389500090040 MCDONOUGH DAN P O BOX 595 AGUA DULCE TX 78330 KELLY MARGARET LAND UNDIV/4 YNT IN 19.83 ACS OUT TR 9 4 Z0301-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADILE ISLAND DR. CORPUS CHRISTI, TEX_AS 78416 SP Z0301-01 389000010010 MORA ISMAEL & MARIA 6338 OLD BROWNSVILLE RD CORPUS CHRISTI TX 78417 KELLY SUBD LT 1 BK 1 SUPERINTENDENT WEST OSO I.S.D. 5050 ROCKFORD DR. CORPUS CHRISTI, TEXAS 78416 DAVE HAMRICK CORPUS CHRISTI AIRPORT q iii Z r~ COMMENTS RECEiVED FROM NOTICES MAILED Case No. 0301-01 Israel Mora · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) L Notices returned from within the 200-foot notification area: Favor: 2) Israel Mora, 332 Southern St. No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: Israel Mora, 332 Southern St. (Applicant) No written comment. Opposition: None. H:XPLN-DIR~ERM A\WORD\COM M DATA\0301-01 COMMENTS DOC ti Planmng Comrmssion Minutes March 14. 2001 Israel Mora: 0301-01 REQUEST: "R-lB" One-family Dwelling Disu'ict to "B-4" General Business District on Kelly Subdivision, Block 1, Lot 1, and located on the northwest comer of Old Brownsville Road and Saratoga Boulevard extension. Mr. Saldafia presented a computer illustrauon and described the surrounding area. The subject property is part ora 52.27-acre tract of land zoned an "R-lB" District that is predominantly used as farmland. However, there are several single-family residences to the east of the subject property,. North of the subject property, there are 1,366.02 acres of farmland zoned an "F-R" Dismct. South and west of the subject property, the area is outside of the city limits and is also predominantly used as farmland. The applicant has requested a change of zoning fxom an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to operate a used auto sales lot. The subject property is located in an area that will transition into a more intense zoning classification, especially with its direct access to an arterial, Old Brownsville Road. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property is also in an area that may be subjected to high levels of aircraft noise. According to the ultimate noise patterns upon the development of the second runway at the airport, the subject property and the surrounding area will be inside the noise contour of 65DNL. Within this noise contour, residential de~'elopment is discouraged. The requested "B-4" DisUict pernuts uses that would be considered compatible with the overflights. However, the "B-4" District does permit residential uses. Therefore, a district that is similar to the requested zoning district and prohibit residential uses like the "B-3" Business District would be more appropriate. The applicant has been advised of the compatibility of the "B-3" District and does not object to it. The Comprehensive Plan Elements can be supportive of the requested "B-4" District with the prohibition of residential development. The Port/Airport/Violet Area Development Plan's (PAVADP) adopted future land use map recommends the area to develop with industrial uses. The requested "B-4" District is consistent with the Plan's recommended land use except that it permits residential. A "B-3" Distxict would be more compatible with the Comprehensive Plan Elements and the PAV ADP's recommended land use. Therefore denial of the "B-4" District, and in lieu thereof, approval of a "B-3" Business District. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to comrmssioner Sween-McGloin. Mr. Saldafia said that the residence to the north of the subject property is owned by the applicant's relative. He continued that landscaping would be a requirement of the new development. Motion by Mires, seconded by Salazar, to approve Staff's recommendation. Motion passed. PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ISRAEL MORA, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK I, KELLY SUBDIVISION, FROM "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B-3" 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 Israel Mora 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, March 14, 2001, during a meeting of the Planning Commission, and on Tuesday, April 17, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot 1, Block 1, Kelly Subdivision, located on the northwest corner of Old Brownsville Road and the Saratoga Boulevard extension, from "R-1B" One-family Dwelling District to "B-3" 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 Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR\NOEMI\DDCURTIS\MYDOCS~2001\P&ZORD0 I~ONING-ORD\DOYLEC~001~Z030101A'DOC Page 2 of 3 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 17th day of April, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM March 28, 2001 James R. Bray, Jr. City Att,~rney ., ,~ Doyle .D~Curtis Senior Assistant City Attorney H:\LEG~D~R\N~EM~\DDCURTI~MY~2~1\P&~RD~1~Z~N~NG~RD\D~YLE~2~1~z~3~1~1A~D~C APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ISRAEL MORA, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 1, KELLY SUBDIVISION, FROM "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Israel Mora 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, March 14, 2001, during a meeting of the Planning Commission, and on Tuesday, April 17, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot 1, Block 1, Kelly Subdivision, located on the northwest corner of Old Brownsville Road and the Saratoga Boulevard extension, from "R-1B" 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 Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG.DIR\NOEMI~DDCURTIS'~VlYDO C S~00 I\P&ZORD0 I~ZONING.ORD\DOYLEC~001 IZ030101B.DOC Page 2 of 3 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 Counc# (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 17th day of April, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti APPROVED AS TO LEGAL FORM March 29, 2001 James R. Bray, Jr. City A,,~[ney / Doyle D/d/Curtis Senior ~Kssistant City Attorney H:~EG-DIR\NOEMI\DDCURTIS~MYOOCS~200 I\P&ZORD0 I~ZO NING.ORD\DOYLEC~00I~Z030101BDOC /O 11 AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: April 17,2001) Case No. 0301-02, B. R. Scogin: A change of zoning from an "F-R' Farm-Rural District to a "B-4" General Business District on Gregorio Farias Grant, being a 259.98 acre tract, located on the southeast comer of U.S. Highway 77 and County Road 52 extension. Planning Commission and Staff's Recommendation (03/14/01): Approved. Requested Council Action: Approval of the "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: To operate a new-auto sales lot. Summary: The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a "B-4" General Business District in order to develop the subject property with a new-auto sales lot. The subject property contains 6.20 acres of land and has direct access to an expressway and no direct access to a local street. A "B-4" District is the first district that permits an auto sales use. As part of the auto sales use, a paint and body shop would be permitted as an accessory use. The requested "B-4" District would be an extension of the adjacent "B-4" District to the north. The "T-lB" District adjacent to the south contains the entranceway to the manufactured home park which has home sites adjacent to the subject property. A standard screening fence will be installed between the subject property and the manufactured home park. Applicant's Position: The applicant concurs with Planmng Commission and Staffs recommendation. Notification: Prior to the date of this memorandum, seven (7) notices were mailed to the property owners within a 200-foot radius, of ~vhich none were returned in favor or in opposition. The 20% rule is not in effect. Director of Planning MC/MS/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commassion Minutes Page 10 4) Ordinance Pages 11-13 H:~P LN-DIR\ERMA\WO RDXAGEN DM EM\0301-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission HearingOate: Map No.: Applicant: Legal Description/Location: 0301-02 March 14. 2001 55-2 (LgA) B. R. Scogin Being 6.1995 acres out of a 259.98-acre tract out of the Gregorio Farias Grant, located on the southeast comer of U. S. Highway 77 and County, Road 52 extension. 6.1995 acres Same as above. "F-R" Farm-Rural District "B-4" General Business District Undeveloped land. Operate an auto sales lot. Not applicable. - "B-4" General Business District - "T-lB" Manufacture Home Park District - "F-W' Farm-Rural District and outside city limits Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning: North South, East West Adiacent Land Use: - Auto sales lot. - Manufactured home park. - (across U. S. Highway 77) Undeveloped land. North South, East West Zoning Report Case No. 0301-02 (B. R. Scogin) Page 2 Number of Residential Units Allowed: "F-R" - l unit ( 1 dwelling unit per 5 acres) "B-4" - 225 umts (36.30 dwelling units per acre) Estimated Traffic Generation: Antomoblle sales - 47.91 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 10,000 square feet of gross floor area = 479 average weekday vehicle trip ends. Adiaeent Streets/Classification: a) U.S. Highway 77 - expressway Right-of-Way Design Current: a) Variable right-of-way width. 4 traveling lanes with a continuous left-turn lane. Planned: a) Variable right-of-way width, limited access expressway. 1996 Traffic Count {24-hour~ weekdav~ non-directional): a) 25,040 vehicles per day. Zoning History of Property: In December 1995, as part ora larger area, the subject property was annexed into the City and zoned an "F-R" Dislrict based on the predominant agricultural land use and availability of infi'astmcture. Recent Surrounding Zoning Cases: In December 1995, the area west ofU. S. Highway 77 and the subject property was annexed imo the City and zoned an "F-R" District. In October 1997, Lot 1 adjacent to the north of the subject property was granted a change of zoning from an "F-R" District to a "B-4" District for an auto sales use. In March 1998, the adjacent property to the south and east of the subject property was granted a change of zoning from an "F-R" District to a "T-lB" District for a manufactured home park and to a "B-4" District for a retail center. Zoning Report Case No. 0301-02 (B. R. Scogin) Page 3 Zoning Inventory: The subject property is a portion of an area containing 290.95 acres of land zoned an '~F-R" District that is predominantly used as farmland. Adjacent to the north, there are 17.69 acres of land zoned a "B-4" District of which half is developed with an auto sales lot and the remainder is farmland. Fo the south and east of the subject property, the 79.89 acres are zoned a "T-1B" District and partially developed with a manufactured home park. Southwest from the subject property, the area is outside the ciD' limits and is predominantly used as farmland. Planning Staff Analysis: General Characteristics and Back~round: The applicant has requested a change of zoning t¥om an "F-R" Farm-Rural District to a "B4" General Business District in order to develop the subject property, with an auto sales lot. The subject property contains 6.20 acres of land and has direct access to an expressway and no direct access to a local street. A ~;B-4" District is the first district that permits an auto sales use. As part of the auto sales use, a paint and body shop would be permitted as an accessory use. The requested "B-4" District would be an extension of the adjacent "B-4" District to the north. The "T-lB" District adjacent to the south contains the entranceway to the manufactured home park which has home sites adjacent to the subject property. Uses permitted in the "B-4" District may adversely impact the manufactured home park, but the park acts as a transition between the general commercial area along U. S. Highway 77 and the single-family residential area to the east. ConformiW to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District because of its direct access to an expressway, U. S. Highway 77. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Potential Housing Density: An "F-W' District permits one dwelling trait for each five (5) acres or one unit on the subject property.. The "B-4" District permits a density of 36.30 dwelling units per acre or 225 units. The adjacent "T-lB" District to the east permits a density of 12 manufactured home sites per acre. Therefore, the density of the proposed "B--4" District will not adversely impact the area especially with its direct access to an expressway. l-Ieight/gulkJgetbacks/Etc.: The existing ~'F-R" District does not require any front, side. or rear yard building setback, nor does it limit the building height. A "B-4" District requires a front yard setback of twenty (20) feet and no required side or rear setbacks unless adjacent to a residential district where a setback often (10) feet would be required. Since the subject property does not have residential adjacency, there are no required side or rear yard setbacks. Buildings in the "B-4" District do not have any height limitations. Zoning Report Case No. 0301-02 (B. R. Scogin) Page 4 Signage: Signs in the "F-R_" District are limited to one temporary freestanding sign xvith an area not to exceed forty (40) square feet and a height of 35 feet. Wall signs in the "B-4" District are unlimited as to size and number. Freestanding signs within the front yard setback are limited to one sign per street fi'ontage with a sis area not to exceed forty (40) square feet and a height of 25 feet. Signs located behind the front yard setback are unlimited as to size, height, or number. T3affic: The proposed development is estimated to generate approximately 479 daily trip ends, which would not adversely impact U. S. Highway 77. There is direct access from the subject property to U. S. Highway 77 without traversing any low-density residential area. Parking/Screening: An auto sales use is required to provide off-street parking at a rate of one parking space for each 400 square feet of gross floor area. The projected 10,000 square foot building would be required to provide 25 off-street parking spaces. Compliance with the off- street parking regulations ~vill be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. The subject property does not abut a residential district and will not require a screening fence. · Costs to City: The are no anticipated costs to the City. Plattine: The subject property is an unplatted tract of land that will be required to be platted before a building permit will be issued. Pros: (Ideas in support of the request.) a) The requested "B-4" District is consistent with the Northwest Area Development Plan's adopted future land use map. b) The requested "B-4" District is an expansion of the adjacent "B-4" District to the north. c) The subject property has direct access to an expressway without traversing a residential area. Con~: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List Northwest Area Location Map H 2PLN-DIR~ERMA\WORD~ZON RPTS\0301432REPORT.DOC LIMIT B 3JECT PARCEL B-4 OCL T-lB F-R · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) ~j~ Mar 7, 2001 -- RP CASE Z0301-02 ~0 Subject property ~'~ Oeners within 200 feet listed on attached ovmership llst OWNERSHIP LIST CASE NO. 0301-02 APPLICANT: B. R. SCOGIN REPRESENTATIVE: P. O. BOX 911 ROBSTOWN, TEXAS 78380 1 Z0301-02 335100010010 BRIARCROFT LTD 226 S ENTERPRISE, STE 110 P O BOX 12637 CORPUS CHRISTI TX 78405 HERITAGE WEST LT 1 BLK 1 2 Z0301-02 409600010010 LACY FAaMILY LIMITED PARTNERSHIP P O BOX 1109 ROBSTOWN TX 78380 LACY'S BOB BUSINESS PARK LT 1 BLK 1 MURRAY BASS, JR. BASS & WELSH ENG. P. O. BOX 6397 78466 3 Z0301-02 587400010081 NEMEC ANNASTAZIE ROUTE 3 BOX 245 ROBSTOWN TX 78380 NUECES RIVER IRRIGATION PK UNDIV .4830769 INT IN 28.913 ACS OUT LT 8 BLK 1 4 Z0301-02 587400010082 NEMEC FREDERICK JAMES ET P O BOX 23067 CORPUS CHRISTI TX 78403 NUECES RIVER IRRIGATION PK 4.48 ACS OUT OF LT 8 BLK 1 5 Z0301-02 587400010090 STUCHLY ALBERT F 8806 LAKESIDE FOREST DRIV HOUSTON TX 77088 NUECES RIVER IRRIGATION PK 17.354 ACS OUT OF N/2 LT 9 BLK 1 6 Z0301-02 ROW TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 7 Z0301-02 DELUXE PROPERTIES 3200 AGNES ST. CORPUS CHRISTI, TEXAS 78405 Z0301-02 238500600101 DELUXE PROPERTIES 3200 AGNES ST CORPUS CHRISTI TX 78405 G FARIAS GRANT 167.041 ACS OUT LUBY TR 6 ABS 592 Z0301-02 ARTU-RO ALMENDARIZ, SUPT. CALALLEN I.S.D. 4205 WILDCAT DR. CORPUS CHRISTI, TEXAS 78410 Z0301-02 NUECES ELECTRIC COOPERATIVE C/O FRANK WILSON P. O. BOX 1032 ROBSTOWN, TEXAS 78380-1032 Z0301-02 JENNELL RICHTER RECORD STAR P. O. BOX 1192 ROBSTOWN, TEXAS 78380 .£ / · - FAVOR X - OPPOSED COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0301-02 B. R. Scogin (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from o~vners/applicants of subject area: Favor: None. Opposition: None. H:kPLN-D[R\ERMA\WORD COMMDATA\0301-02COMMENTS.DOC Planmng comrmssion Minutes March 14, 2001 B. R. Scogin: REQUEST: 0301-02 "F-R" Farm-Rural District to "B-4" General Business Dislnct on property being 6.1995 acres out of a 259.98-acre tract out of the Gregono Farias Grant, and located on the southeast comer of U.S. Highway 77 and County, Road 52 extension. Mr. Saldafia presented a computer illustration and dcr:ribed the surrounding area. The subject property is a portion of an area containing 290.95 acres of land zoned an "F-R" District that is predommamly used as farmland. Adjacent to the north, there are 17.69 acres of land zoned a "B-4" District of which half is developed with an auto sales lot and the remainder is farm/and. To the south and east of the subject property, the 79.89 acres are zoned a "T-lB" District and partially developed with a manufactured home park. Southwest from the subject property, the area is outside the ciw limits and is predominantly used as farmland. The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a "B-4" General Business District in order to develop the subject property with an auto sales lot. The subject property contains 6.20 acres of land and has direct access to an expressway and no direct access to a local street. A "B-4" District is the fLrst district that perrmts an auto sales use. As part of the auto sales use, a paint and body shop would be pernutted as an accessory use. The requested "B4" District ~vould be an extension of the adjacent "B-4" District to the north. The "T-IB" District adjacent to the south contains the entranceway to the manufactured home park which has home sites adjacent to the subject property.. Uses perrmtted in the "B-4" District may adversely impact the manufactured home park, but the park acts as a transttion between the general commercial area along U. S. Highway 77 and the single- family residential area to the east. The Northwest .&rea Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" Dislrict is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the requested "B-4" District. There were seven (7) notices mailed to proper~y owners within a 200-foot radius of which none were returned in favor or opposition. Public heating xvas opened. Murray Bass, represenmig the applicant, 3054 South Alameda, said that the applicant purchased the land and submitted the plat which has been approved and will develop a new car dealerskip on the property. Public hearing ~vas closed. comrmssioner Sween-McGloin expressed concern with not requiring a screening fence ~vhen adjacent to a "T-lB" District. Mr. Saldafia informed the comrmssion that the "T-lB" District requires a screening fence. comrmssioner Pusley said that he believes the development will be a great addition to the noF. hwest area. Motion by Cheek, seconded by Pusley, to approve Staff's recommendation. Motion passed. APPLICANT'S REQUEST PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY B. R. SCOGIN, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.1995 ACRES OUT OF A 259.98-ACRE TRACT OUT OF THE GREGORIO FARIAS GRANT, FROM "F-R" FARM-RURAL 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 B. R. Scogin 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, March 14, 2001, during a meeting of the Planning Commission, and on Tuesday, April 17, 2001, during a meeting of the City Council, in the Council Chambers, at City Hail, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of 6.1995 acres out of a 259.98-acra tract out of the Gregorio Farias Grant, located on the southeast corner of U. S. Highway 77 and the County Road 52 extension, from "F-R" Farm-Rural District to "B-4" General Business District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG.DIR\NOEMI\DDCU RTIS'WIYDOCS~200 I'~:)&ZORD0 I~ZO NING.ORD\DOYLEC~2001~Z030102A,DOC // Page 2 of 3 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 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 (l) finds and dec/ares 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 17th day of April, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM March 29, 2001 James R. Bray, Jr. City A~e~n_.ey .,/] Doyle D/~urtis Senior Assistant City Attorney H:~EG-DI R\NOEMI\DDCU RTIS~tYDOCS~00 I~P&ZO RD0 I~ZONINGORD~DOYLEC~.001 ~Z030102A.DOC BASS & WELSH ENGINEERING P,O, BOX 6397 June 2, 2000 FIELD NOTE DESCRIPTION Being a tract situated in Nueces County, Texas a portion of that 259.98 acre tract out of the Gregodo Fadas Grant as described in the deed from Kitty Wolfe Gentry Estate to Deluxe Properties filed under Clerk's File No. 905827 of the Official Public Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point in the west line of the 259.98 acre tract being also the east right-of-way line of U.S. Highway 77; whence the northwest comer of the 259.98 acre tract bears N 9° 16' 18" E at a distance of 929.90 feet, said point being the southwest corner of the 9.011 acre tract described in the deed from Deluxe Properties to Bob Lacy Ford recorded under Clerk's File No. 1997029837 of the Official Public Records of Nueces County, Texas, said tract being now described as Lot 1, Block 1, Bob Lacy's Business Park as shown on the map thereof recorded in Volume 60 at Page 16 of the Map Records of Nueces County, Texas for the northwest comer of this tract; THENCE S 80° 44' 03" E along the south line of Lot 1, Block 1, Bob Lacy's Business Park a distance of 450.05 feet to a 5/8 inch iron rod found for the southeast comer of Lot 1, Block I, Rob Lacy's Business Park and the northeast comer of this tract, said point lying in the eastedy west line of that 83.927 acre tract deeded by Deluxe Properties to Ted Anderson recorded under Clerk's File No. 1998027782 of the Official Public Records of Nueces County, Texas; THENCE S 9° 16' 18" W along the easterly west line of the 83.927 acres at 290.73 feet pass a 5/8 inch iron rod found for the most easterly northwest comer of Lot 1, Block 1, Hedtage West as shown on the map thereof recorded under Clerk's File No. 1999028588 of the Map Records of Nueces County, Texas and in all a distance of 600.05 feet to a 5/8 inch iron rod found for an intedor comer of Lot 1, Block 1, Hedtage West and the southeast comer of this tract; THENCE N 80° 43' 42" W along the southerly north line of Lot 1, Block 1, Hedtage West a distance of 450.05 feet to a 5/8 inch iron rod found for the most westedy northwest comer of Lot 1, Block 1, Heritage West and the southwest corner of this tract, said point lying in the east right-of-way line of U.S. Highway 77 and the west line of the 259.98 acre tract; THENCE N 9° 16' 18" E along the east right-of-way line of U.S. Highway 77 and west line of the 259.98 acre tract a distance of 600.00 feet to the POINT OF BEGINNING forming a tract embracing 6.1995 acres. Murl~y Bass, Jr. R.P.L.S. [O0145,m&b] / EXHIBIT A 12 CITY COUNCIL AGENDA MEMORANDUM DATE: April 17, 2001 AGENDA ITEM: A. Resolution: That the City Council of the City of Corpus Christi finds that the portions of Overland Meadows Park, which were previously designated as parkland, are needed for the establishment of the Runway 13 Outer Marker. The City Council specifically finds that there is no feasible and prudent alternative to the use of taking of the land for this purpose, and all reasonable planning efforts have been made to minimize harm to the land, as a park, resulting from the use or taking. B. Ordinance: Authorizing City Manager, or designee, to execute Lease No. DTFA07-01- L00380 terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U. S. Department of Transportation, Federal Aviation Administration, ("FAA") granting the lease ora 0.209 acre tract, a 0.029 acre tract, and a 15 Foot utility easement, constituting a portion of Overland Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the lease premises; providing for publication. ISSUE: The Federal Government has an operation need to lease a total of.0238 acres of City land for the operation and maintenance of a navigational beacon that is essential to the operation of aircraft. REQUIRED COUNCIL ACTION: Council must approve Lease Agreements. RECOMMENDATION: Staff recommends approval of the Lease Agreement as submitted. Dave Hamrick Acting Director of Aviation Additional Support Material Background Information [] Contract Summary [] Ordinance/Resolution [] Map(s) ~ AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION April 17, 2001 BACKGROUND: The Federal Aviation Administration (FAA) has operated the Runway 13 Outer Marker at this site since before the land was donated to the City. Since the City acquired the property on which this facility sits, it has cont:,nuously been under lease to the FAA. This site and related equipment is essential to the Fi, :~,'s ability to provide instrument landing approach services to the users of the airport. This is a "no cost" lease in return for the FAA continuing to provide the required services. EXHIBIT A 1 Page 1 of 1 MEMORANDUM TO: FROM: DATE: RE: Annando Chapa, City Secretary Dave Hamrick, Acting Aviation Director March 14, 2001 Publication of notice of public hearing on proposed taking of protected land. The following notice needs to run in the Caller Times three weeks consecutively on the following . dates: Tuesday, March 27, 2001, Tuesday, April 3, 2001, and Tues0ay, April 10, 2001. The notice should read: "The City Council, City of Corpus Christi, will hold a public heating on Tuesday, April 17, 2001, during the regularly scheduled City Council meeting, which begins at 2:00 p.m., to determine wether portions of City parkland at Overland Meadows Park, Corpus Christi, Texas, should be used for the establishment of the Runway 13 Outer Marker by the Federal Aviation Administration within the City parkland area. The public heating is being held under the provisions of§§ 26.001 and 26.002, Texas Parks & Wildlife Code." For your information, I've attached a copy of the memo that is going to Council members in the March 16, 2001 City Manager's packet. Thanks for your help. Ce: Bryn Meredith, Assistant City Attorney ~69~ RESOLUTION RELATING TO THE USE OF LAND DESIGNATED AS PARKLAND AT OVERLAND MEADOWS PARK FOR THE ESTABLISHMENT OF THE RUNWAY 13 OUTER MARKER. WHEREAS, the City of Corpus Christi acquired 5.18 acres of land for designation and use as parkland, known as Overland Meadows Park; and WHEREAS, the Department of Transportation, Federal Aviation Administration ("FAA") has requested the use of the following portions of Overland Meadows Park: a 0.209 acre tract, a 0.029 acre tract, and a 15 foot utility easement ("Premises"), for the establishment of the Runway 13 Outer Marker, which use constitutes a non-park purpose; and WHEREAS, prior to the use of parkland for non-park purposes, Chapter 26 of the Texas Parks and Wildlife Code, requires the City Council to hold a public hearing to determine that there is no feasible and prudent alternative to using those portions of Overland Meadows Park for the establishment of the Runway 13 Outer Marker; and WHEREAS, reasonable measures will be taken to minimize harm to the Premises within Overland Meadows Park, which is currently designated as parkland, by remediating all hazardous substance contamination resulting from the proposed use of the Premises; and WHEREAS, the required notices have been published in the Corpus Christi Caller-Times on Tuesday, March 27, 2001; Tuesday, April 3,2001; and Tuesday, April 10,2001, and a public hearing was held on April 17, 2001, on the proposed use of the designated City parkland, as required by Chapter 26 of the Texas Parks and Wildlife Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi finds that the portions of Overland Meadows Park, which were previously designated as parkland, are needed for the establishment of the Runway 13 Outer Marker. The City Council specifically finds that there is no feasible and prudent- alternative to the use or taking of the land for this purpose, and all reasonable planning efforts have been made to minimize harm to the land. as a park. resulting from the use or taking. ATTEST: City Secretary, Armando Chapa Brutes00 0 [ 5 Samuel L. Neal, Jr., Mayor THE CITY OF CORPUS CHRISTI AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A LEASE TERMINATING SEPTEMBER 30, 2001, WITH AN OPTION TO RENEW ANNUALLY THROUGH SEPTEMBER 30, 2015 WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("FAA") GRANTING THE LEASE OF A 0.209 ACRE TRACT, A 0.029 ACRE TRACT, AND A 15 FOOT UTILITY EASEMENT, CONSTITUTING A PORTION OF OVERLAND MEADOWS PARK, FOR THE ESTABLISHMENT AND MAINTENANCE OF THE RUNWAY 13 OUTER MARKER, IN CONSIDERATION FOR THE FAA MAINTAINING THE LEASED PREMISES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager. or his designee, is hereby authorized to execute a lease terminating September 30, 2001, with an option to renew' annually through September 30, 2015 with the U.S. Department of Transportation, Federal Aviation Administration ("FAA") granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 foot utility easement, constituting a portion of Overland Meac:ows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the leased premises. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on the 61s' day after City Council approval. 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. Bmord00 131 13 AGENDA MEMORANDUM DATE: April 10, 2001 SUBJECT: Sidewalk Accessibility Improvements Bond Issue Project No. C-10 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell Veteto Engineering, Inc. for Sidewalk Accessibility Improvements. (Bond Issue Project C-10) ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 1 Street Improvements. This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP) FY 2000-2002 for letting in FY 2002. A contract for professional services is required to complete the design phase of this project. The selected street sections include, in order of priority: · Alameda Street from Louisiana Parkway to Doddridge; · Santa Fe Street from Doddridge to Robert Street; · Weber Road from South Staples to South Padre Island Drive; and · Street sections as prioritized in coordination with the Mayor's Committee of People with Disabilities. FUNDING: Funds for this project are available in the FY 2000-2001 Capital Improvement Budget and FY 2000-2002 TIP. RECOMMENDATION: Staff recommends approval of the motion as presented. T-~-z'Angel R. Escobar, P. E., ' Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Contract'Summary Exhibit"C" Project Budget Exhibit"D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Sidewalk Accessibility Improvements Bond Issue Project No, C.'I0 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Future escrow agreement with TxDot. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:'~OME~LYNOAS~G EN'~STREETS~; - 1 O',AGENDA ITEMS~ACKGROUND.DOC EXHIBIT "A" PROJECT DESCRIPTION: This program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP) FY 2000-2002 for letting in FY 2002. The selected street sections include, in order of priority: · Alameda Street from Louisiana Parkway to Doddridge; · Santa Fe Street from Doddridge to Robert Street; · Weber Road from South Staples to South Padre Island Drive; and · Street sections as prioritized in coordination with the Mayor's Committee of People with Disabilities. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:',HO M E~I.YNDAS~GEN~STREETS~C - 10~A G EN DA IT E MS',BAC KGROU NI~.OOC EXHIBIT "A" CONTRACT SUMMARY SIDEWALK ACCESSIBILITY IMPROVEMENTS 1. SCOPE OF PROJECT: Sidewalk Accessibility Improvements (# 6151) Sidewalk Accessibility Improvements (Contract C-10, Project #31) This program of street improvements includes the construction of barrier free ramps, sidewalk and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP) FY 2000-2002 for letting in FY 2002. The selected street sections include, in order of priority: · Alameda Street from Louisiana Parkway to Doddridge; · Santa Fe Street from Doddridge to Robert Street; · Weber Road from South Staples to South Padre Island Drive; and · Street sections as prioritized in coordination with the Mayor's Committee of People with Disabilities. The design scope will be limited to a total construction budget of $1,074,600. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents, as described in EXHIBIT A. In addition, NE will provide monthly status updates (project progress or delays, gantt charts submitted when requested by the City) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. SCHEDULE PROPOSED PROJECT SCHEDULE FOR C-10 - SIDEWALK ACCESSIBILITY EVENT ACTIVITY Upon Notice to Proceed Begin Preliminary Phase 10 days after Notice to Design Conference with City Proceed and TxDOT 28 days after Notice to Design Letter Report Proceed Submittal 30 days after approval of 60% Design Submission Design Letter Report EXHIBIT "B" Page I of 3 36 days after approval of 100% Design Submittal 60% design submittal The intent of the Proposed Project Schedule is to make the 100% design submittal by August 3, 2001 to allow sufficient time for TxDOT to let the project for construction in February 2002. In order for this to occur, NE must receive Notice to Proceed by April 25, 2001; and City/TxDOT reviews for the Design Letter Report, 60% submittal and 100% submittal must not exceed seven (7) calendar days for each review. 4. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-2 above, and for all expenses incurred in performing these services. For services provided in Section I.A. 1-2, NE will submit monthly statements for basic services rendered. The statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a negotiated fee within the allowances as per the table below: FEE FOR BASIC SERVICES Sidewalk Accessibility 1. Preliminary Phase $29,278 2. Design Phase $47,559 Subtotal Basic Services Fees $76,835 ADDITIONAL SERVICES FEE ALLOWANCE 1. Application and plan review fees for Texas Department of Licensing and $685 Regulation 2. Topographic Survey $12,398 3. Special Consultant $5,750 Page 2 of 3 4. Environmental Site TBD Evaluation 5. Bid and Construction $4,500 Phase Services 6. ROW, Encroachments & TBD Land Acquisition Surveys Subtotal Additional Services Fees $23,333 TOTAL AUTHORIZED FEE $100,168 EXHIBIT "B" Page 3 of 3 PRELIMINARY PROJECT BUDGET BOND ISSUE PROJECT C-10 SIDEWALK ACCESSIBILITIY IMPROVEMENTS (Project # 615t) April 10, 2001 FUNDS AVAILABLE: Streets ..................................................................... $400,000.00 Storm Water ............................................................. 44,000.00 Water ...................................................................... 51,000.00 TiP ..........................................................................880,000.00 Total ............................................................................. $1,375,000.00 FUNDS REQUIRED: LOCAL Advance Funding Agreement ............................................. $220,000.00 Consultant (Russell Veteto Engineering) .............................. 100,168.00 Project Contingency (20% Share) ....................................... 55,032.00 Engineering Reimbursements ............................................ 15,000.00 Finance Reimbursements ................................................. 1,800.00 Testing AJlowance ........................................................... 2,500.00 Bond Issuance Costs ....................................................... 4,000.00 Printing, Misc .................................................................. 1,500.00 Total ............................................................................. $400,000.00 FEDERAL UTILITIES $880,000.00 $ 88,000.00 5,500.00 1,500.00 TOTAL $1,188,000.00 100,168.00 55,032.00 20,500.00 3,300.00 2,500.00 4,000.00 1,500.00 $880,000.00 $95,000.00 $1,375,000.00 EXHIBIT C J Page 1 of 1 ada6151.dwg N ALAMEDA ST. DODDRIDGE TO LOUISIANA SANTA FE ST. DODDRIDGE TO ROBERT WEBER ST. STAPLES TO S.P.I.D. CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PROJECT No. 6151 Bond Issue 2000 - Project C-10 Sidewalk Accessibility Improvements AZameda St.- Doddridge to Louisiana Santa Fe - Doddrldge to Robert Weber St.- Staples to S.P.I.D. EXHIBIT "D" CITY COUNCIL EXHIBIT DEPAR~ENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PAGE: I ol= 1 OATE: 04-I 1-2001 14 CITY COUNCIL AGENDA MEMORANDUM DATE: March 26, 2001 SUB3ECT: Padre Isles Street Light Improvements 2000 Bond Fund Project # 51, Phase I AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an agreement with Central Power & Light Company for construction of the Phase 1 Citywide Street Lighting Improvements (2000 Bond Fund Project # 51) in the Padre Isles Subdivision at a cost not to exceed $114,825. ISSUE: The 2000 Bond Program includes $800,000 for the construction of street lighting improvements throughout the city. The intention of this project is to improve street lighting in residential areas per one of the Council's priority issues - - i.e., for improving delivery of basic street light services. The Staff has coordinated the first phase of this project with the Padre Island Property Owners Association for identification of project locations most worthy of intersection and midblock street lighting improvements in the Padre Isles Subdivision. REQUIRED COUNCIL ACTION: Agreements between the City and CP&L for contract lighting improvements having a cost $15,000 or greater must be approved by the City Council. RECOMMENDATION: Approval of the motion as presented. l¢~ F-ZAngel R. Escobar, P.E. Director of Engineering Services Additional Suooort Material Additional Background Information 2. Exhibit 1 - Site Map of Padre Isles Subdivision Proposed Lighting [mprovements 3. Agreement (Padre Isles Street Lighb~g Imprevemen~ Page 1 of 3) AGENDA MEMORANDUM Additional Background Information BACKGROUND Council Priority Zssue: [n 1999, the City Council identified priority issues to address during th(.' following two years and developed action plans for each priority issue. One priority was improving delivery of basic street light services. The action plan consisted of implementing a sustained level of residential street lighting improvements in existing residential areas using such funding sources as the City's annual Street Light operating budget, capital improvement funds, and Crime Control Distri~: funds. Primary improvements have consisted of (a) a systematic conversion of older mercury vapor street lights with higher intensity and more cost-efficient high pressure sodium vapor street lights, (b) servicing citizen requests for additional midblock street lights satisfying City Street Light Policy, servicing Crime Control District requests for street lighting improvements in particular residential subdivisions, and routine installation of new subdivisions street lights satisfying the City's Platting Ordinance for new subdivision lighting. 2000 Bond Program Funds for Steet Liahtina: The approved 2000 Bond Program include.'; $800,000 for street lighting improvements. The Staff's objective for this funding is to service streel: lighting needs in existing residential subdivisions. One of the primary locations identified by our Traffic Engineering Division for this bond program element was the Padre Isles Subdivision. Padre Isles still has a significant number of midblock and intersection locations without street lights due to many of the subdivision areas having been developed, ;~.rior to the City's 1981 annexation, without installation of underground 'secondary' electrical circuitry to service new street lighting. The 2000 Bond Program's $800,000 share for lighting improvements is also being used to fund the City's $500,301 share of lighting improvements for the Crosstown/SH 358 Interchange Project. Following the $114,825 expense for the proposed Padre Isles Lighting improvements, the balance of lighting improvement funds ($184,874) in the 2000 Bond Program, are planned for various other citywide residential locations, principally for conversion of older mercury vapor lighting to high pressure sodium vapor lighting and installation of new street lights at more frequent spacings near public parks, community centers, and schools. Plan preparation is underway for these locations and will be'brought to the City Council for approval later this calendar year. Assistance from Padre Isles Property Owners Association: The locations identified for street lighting improvements in the Padre Isles Subdivision have been selected with the assistance of the Padre Isles Property Owners Association (POA). The Staff sought the POA's assistance to help prioritize locations with the input from Padre Isles residents. Also, the POA's assistance in selection of the new street light locations will help defer some potential criticism by some Padre Tsles residents who havE; historically opposed new street lighting in their subdivision. There have been a number of location,.; in Padre Isles where new street lights installed in previous years resulted in responses from a few nearby residents that they did not wish to have improved lighting near their homes. The City'.'; Residential Street Light Policy requires midblock lighting to be approved by residents immediately adjacent to a new street light. The POA's surveys included contacts with the property owners wherE; new midblock street lights are proposed. (Padre [s/es $1zeet t~htfng Improvement, Page 2 of 3) Prooosed Lic~htinQ Imorovements in Padre Is!ae: The proposed improvements consist of the installation of il0 new slTeet lights at various locations within Padre Isles (see Exhibit 1). Sixty-four (64) of the 110 street lights will be installed at intersections, and the remainder at midblock location.,; satisfying the City's Residential Street Light Policy. Once authorized, the new street lights will be installed within 4-6 months (September-October, 2001). The 110 new street lights will have an annual operating cost of $14,095. This operating cost has been programmed in the FY 2002 Street Light budget request. Future Council Action: The Council will be requested to approve one or more future agreements with AEP / CP&L for selected street lighting improvements funded by the 2000 Bond Program later in calendar year 2000. (Padre Is~es SUeet Lz~h~9 ImprovemenD~, Page 3 of 3) PRGPDSEI) STREET LIGHTS ~ mmm 110 TOTAL _ EXHIBIT 1 SITE MAP I SUBJECT: PADRE ISLES STREET Traffic Engineering Div. LIGHTING IMPROVEMENTS Engineering Services Dept.~' I AGREEMENT Ap~l. 2001 THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the Cib/of Corpus Christi, hereinafter referred to as "City" has requested AEP Central Power & Light Company, hereinafter referred to as "CP&L", to install 110 new street lights at various locations within the Padre Isles development on Padre Island; and WHEREAS, '~P&L is agreeable to performing the street light improvements on a "cost-sharing" basis; NOW, THEREFORE, the parties agree as follows: The City shall reimburse CP&L for all costs, reasonably incurred in the installation of certain street lighting improvements described hereinbelow, in excess of $300 per luminaire. The City's contribution to the continuous street lighting improvements will not exceed $114,825. The street lighting improvements will consist of the following improvements (as is more fully represented on Exhibit ::1.): Area 1 {Phase 1): Install 11 - 100W, 4 - 150W, and 2 - 250W HPS street lights (cobra-head housings) and 16 wood poles, including 2,200-ft of trenching and one 30-ft bore; and Area 2 (Phase 2): Install 30 - 100W, 6 - 150W, and 6 - 250W HPS street lights (cobra-head housings) and 42 wood poles, including 6,100-ft trenching and three 60-ft bores; and Area 3 (Phase 3): Install 16 - 100W HPS street lights (cobra-head housings) and 16 wood poles, including 1,400-ft of tenching; and Area 4 (Phase 4): Install 33 - 100W, i - 150W and 1 - 250W street lights (cobra-head housings), and 3,300-ft of trenching. CP&L will pay the first $300 cost per luminaire related to the new street lighting improvements. The City will pay the "operating" costs of all authorized pedestal lighting improvements without reimbursement of said operating costs. 3. All authorized lighting will remain the property of CP&L. Executed in duplicate, each of which shall be considered an 'original' on this day of April, 2001. CZTY OF CORPUS CHRZS'r'[: By: David R. Garda, City Nanager A I I LST: A~and%~ll~Secreta~ APPROVED AS TO FO~g r __Day of ., 2001 AEP/CENTRAL POWER & L~GHT COMPANY: K~n Griffin, Mhnagef~Yof Community Services James Bray, City Attorney By: Doyle Curtis, Assistant City Attorney CPLPadreIsies. Agr ,~ AGENDA MEMORANDUM April 13, 2001 AGENDA ITEM: A motion approving the selection of the Financial Advisor, M. E. Allison & Co., Inc.; Senior Managing Underwriter, A. G. Edwards; Co-Managing Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton for the Convention Center Bonds. ISSUE: On June 29, 1999, the City Council approved a two pement increase in the City's hotel/motel tax in anticipation of expanding the City's Convention Center. The expansion of the Convention Center will provide a local facility which can attract and accommodate major regional conventions. A financing team is needed to prepare and issue the Convention Center Bonds. FUNDING SOURCE: The financial advisory, underwriting, and bond counsel fees and other expenses will be paid from gross bond proceeds when the bonds are issued. PRIOR COUNCIL ACTION: January 19, 1999 - Resolution supporting as a legislative priority an increase of two pement in the HotelFMotel Tax applicable in the City of Corpus Christi for expansion and maintenance of Convention Center facilities in order to accommodate convention business essential to employment and the economic health of the area's citizens. June 29, 1999 - Ordinance increasing the hotel occupancy tax of the City of Corpus Christi to nine pement for the purpose of improving the City's Convention Center, in accordance with House Bill 1655, 1999 Texas Legislature. February 8, 2000 - Motion awarding a needs assessment contract to PKF Consulting, Inc. for ' the Bayfront Convention Center (and Multi-purpose Arena), and Motion awarding a project management contract to Gilbane Building Company for the Bayfront Convention Center Rehabilitation and Expansion project. January 30, 2001 - Motion awarding an architectural contract to Thompson Ventulett, Stainback and Associates, Inc. for the Bayfront Convention Center (and Multi-purpose Arena projects). Agenda Memorandum April 13, 2001 - Page 2 REQUIRED COUNCIL ACTION: Council approval is required to select the financing team. FUTURE COUNCIL ACTION: Additional Council action will be required to complete the bond sale, including approval of bond ordinances. RECOMMENDATION: I recommend the selection of the above financing team based on their experience with similar financing and their knowledge of the City of Corpus Christ. Council approval is required to proceed with the financing plan. edo ancial Services Attachments: Background Information BACKGROUND INFORMATION On January 19, 1999, the City Council approved Resolution Number 023532 supporting as a Legislative priority an increase of two percent in the hotel/motel tax applicable in the City of Corpus Christ for expansion and maintenance of convention center facilities in order to accommodate convention business essential to employment and the economic health of the area's citizens. On June 29, 1999, the City Council approved Ordinance Number 023684 specifically for the purpose of improving the City's Convention Center, in accordance with House Bill 1655, 1999 Texas Legislature. At the July 13, 1999 council meeting, a Convention Center Ad Hoc Advisory Committee was appointed. The committee met several times, reviewed and finalized the Requests for Proposal for Project Management and Needs Assessment, and selected PFK Consulting, Inc. as the consultant. After final preparation by the consultant, Thompson Ventulett, Stainback and Associates, Inc. was selected as the architect to provide the design. The Consultant is currently engaged in programming and master plan development. In October 2000, the City released Requests for Qualifications for Financial Advisor and Underwriters, respectively in which seven (7) financial advisory firms and fifteen (15) underwriting firms were qualified by staff from the Office of Management and Budget, Airport, and various divisions of Financial Services. The recommended financing team was selected from this pool. The firm of M. E. Allison & Co., Inc. will be represented by Jim and Mark Seal. The firm confirmed that the senior underwriter, A. G. Edwards, and co-manager underwriter, Loop Capital Markets, were well-skilled and experienced in the marketing and sale of Convention Center bonds in the State and nationally. The Bond Counsel was recommended to the financing team by Jimmy Bray, City Attorney. Jeffrey Leuschel of McCall, Parkhurst & Horton will represent the City as bond counsel in this General Obligation Bond sale. No timetable has been established at this time but, after designation of the team, a Preliminary Time Schedule will be developed and presented to the Council.