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HomeMy WebLinkAboutAgenda Packet City Council - 09/11/2001CITY COUNCIL AGENDA C y of Corpus �.E Christi September 11, 2001 12:00 p.m. - Joint Meeting of the City Council and the Convention and Visitors Bureau to present the final audit of a seven-month period ending July 2000, report on the marketing program, and discuss activities planned for the FY2001-2002. (Basement Training Room, City Hall) 1:45 p.m. Proclamation declaring September 10 - 14, 2001 as "Try Transit Week" Proclamation declaring September 11, 2001 as "9-1-1 Emergency Number Day" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 11, 2001 1:00 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 at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state yourname and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl6s es limitado, habr8 un intdrprete inglds-espariol en todas las juntas del Concilio para ayudarte. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend E.F. Bennett. 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 Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott E. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Approval of Joint and Regular Meetings of August 28, 2001. (Attachment # 1) Agenda Regular Council Meeting September 11, 2001 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Corpus Christi Downtown Management District * Nueces County Community Action Agency * Sister City Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion authorizing the City Manager or his designee to execute an Advance Funding Agreement with the State of Texas, acting through its Texas Transportation Commission, setting forth responsibilities for the construction, operation and maintenance of new continuous roadway illumination for the John F. Kennedy Causeway Elevation Project between O'Connell Street on the mainland and a point approximately 2,650 -feet east of Aquarius Drive on Padre Island, and authorizing the deposit of $48,348.05 with the Texas Department of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 11, 2001 Page 3 Transportation as the City's share of construction costs. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a geotechnical investigation and study in the amount of $39,880 with Furgo South, Inc., forthe Multipurpose Arena and Convention Center Expansion/Rehabilitation Project. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute Change Order No. 19 in the amount of $514,974.42 with Fulton Construction/Coastcon, Inc. A Joint Venture for the Corpus Christi International Airport Terminal Construction Project. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,861,920.40 with Haas - Anderson Construction, Inc. of Corpus Christi, Texas for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with Thyssen Stearns, Inc. of Fort Worth, Texas in the amount of $2,357,072 for the Corpus Christi International Airport Passenger Loading Bridges and Apron Lighting Project. (Attachment # 7) 8. Resolution authorizing the City Manager or his designee to execute a Mutual Aid Fire Fighting agreement between Naval Air Station Corpus Christi and Corpus Christi International Airport. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a contract with MMC Enterprise Risk Consulting, Inc. in the estimated amount of $52,550 to perform an Actuarial Study on the Self - Insurance Fund. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation in the amount of $280,517.31 for the renovation and development of the following existing parks: Labonte Park, Oak Park, Surfside Park, West Guth Park (Bond Issue Project No. 136). (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 11, 2001 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.a. Motion to accept the Child and Adult Care Food Program (CACFP), a grant from the Texas Department of Human Services in the amount of $276,382, to provide after school snacks to youth enrolled in after school enrichment programs for FY2001-2002. (Attachment # 11) 11.b. Ordinance appropriating a $276,382 grantfrom the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund to provide an after school supplement (snack) for youth enrolled in Corpus Christi Independent School District after school activity programs during the school year. (Attachment # 11) 11.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreementwith Corpus Christi Independent School District for the after school snack - Child and Adult Care Food Program. (Attachment # 11) 12.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $71,390 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System, which is located at Corpus Christi Public Library, for the state fiscal year 2001- 2002. (Attachment # 12) 12.b. Ordinance appropriating $71,390 from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System. (Attachment # 12) 13. Ordinance abandoning and vacating a 116.40 square foot portion of a ten (10) foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision; requiring the owner, Manuel Flores, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 13) 14. Second Reading Ordinance- Amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the Water Conservation Contingency Measures; providing for penalties. (First Reading - 8/28/01) (Attachment # 14) Agenda Regular Council Meeting September 11, 2001 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Voluntary Citizen Water Conservation Efforts - Elizabeth Walker (No Attachment) 16. Quarterly Update on City's Health Insurance Programs and a Summary of Risk Management Programs (Attachment # 16) 17. Economic Development Corporation (Annual Report) (No Attachment) 18. Broadway Wastewater Treatment Plant Diversion Project (Attachment # 18) J. PUBLIC HEARINGS: 19. Case No. 0701-01, Alma Gloria Zuniaa: A change of zoning from an "R-1 B" One -family Dwelling Districtto a" 13-1" Neighborhood Business District on Mathis Estates, Lot 1, located on the northwest corner of Gollihar Road and Laura Place. (Attachment # 19) Planning Commission's Recommendation: Denial of the "B-1" District and in lieu thereof, approval of a Special Permit for a beauty shop subject to a site plan and seven (7) conditions. Planning Staffs Recommendation: Denial. ORDINANCE Ordinance amending the Zoning Ordinance upon application by Alma Gloria Zuniga by changing the Zoning Map in reference to Lot 1, Mathis Estates (currently zoned "R-1 B" One -Family Dwelling District) by granting a Special Permit for a Beauty Shop subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 20. Case No. 0801-01, A -A -A Storage Rodd Field• A change a zoning from "B-1" Neighborhood Business District with a Special Permit to a "134" General Business District on Lakeview Acres, Block 2, being 0.919 acre of Lot 14, located on the west side of Rodd Field Road, approximately 600 feet north of Holly Road. (Attachment # 20) Agenda Regular Council Meeting September 11, 2001 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staffs Recommendation: Approval of the "134" General Business District. ORDINANCE Ordinance amending the Zoning Ordinance upon application byA-A-A Storage Rodd Field by changing the Zoning Map in reference to 0.919 acre of Lot 14, Block 2, Lakeview Acres, from "B-1" Neighorhood Business District with a Special Permit to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 21. Case No. 0801-02, Irme's Skin Care Clinic: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Sunnyside Strip, Lot 10 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. (Attachment # 21) Planning Commission's Recommendation: Approval of the "B-1" Neighborhood Business District. Planning Staffs Recommendation: Denial. ORDINANCE Ordinance amending the Zoning Ordinance upon application by Irme's Skin Care Clinic by changing the Zoning Map in reference to Lot 10 and northeast half of Lot 11, Sunnyside Strip, from "AB" Professional Office District to "B-1" Neighborhood Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. Ordinance amending the Zoning Ordinance upon application by Alfonso G. Benavides by changing the Zoning Map in reference to the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, from "R-113" One -family Dwelling District to "AB" Professional Office District with a Special Permit for a bakery subject to two (2) conditions; amending the Comprehensive Plan to account for any deviations from the Agenda Regular Council Meeting September 11, 2001 Page 7 existing Comprehensive Plan. (Public Hearing conducted on 8-11-01) (Attachment #22) 23.a. Motion to amend prior to Second Reading of Ordinance B by substituting the revised ordinance. (Attachment # 23) 23.b. Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 3, Definitions; Article 4A, "F -R" Farm -Rural District Regulations; Article 46, "RE" Residential Estate District Regulations; Article 4C, "RA" One -family Dwelling District Regulations; Article 5, "R - 1X One -family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District Regulations; Article 8A, "AAX Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT Apartment -Tourist District Regulations; Article 11, "AB" Professional Office District Regulations; Article 12A, "BAA Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 22, Parking Regulations; and Article 29, the Board of Adjustment. (Public Hearing conducted on 8-21-01) (Attachment #23) 24.a. Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for the Tax Year 2001 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (Attachment # 24) 24.b. Motion approving the 2001 Tax Levy of $51,722,865 based upon the adopted tax rate of $.6441745 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. (Attachment # 24) 25. Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation; and the execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall project. (Attachment # 25) 26. Motion authorizing staff to issue a Request for Proposal to obtain an aritist to work with the Engineering Firm on development of a streetscape design for the Seawall Project. (Attachment # 26) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I 00..ME Agenda Regular Council Meeting September 11, 2001 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27. First Reading Ordinance - Ordinance waiving the sixty-day waiting period and publication of legal notice; naming the park facility at the Agnes/Laredo Underpass at the Crosstown Expressway on State Highway 286 as the Westside Business Association Founders Plaza. (Attachment # 27) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. 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 qua su ingl6s as limitado, habr8 un intesrprete ingltss-espahol an la reunibn de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. 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 order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 28. Executive Session pursuant to Texas Government Code Section 551.086 (Deliberation Regarding Economic Development Negotiations) to discuss and deliberate commercial or financial information from a business prospect, Singapore Technologies, that the City Council seeks to have locate in or near the City and to Agenda Regular Council Meeting September 11, 2001 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) deliberate the offer of financial or other incentives in connection therewith, with possible discussion and action 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 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. 29. CITY MANAGER'S REPORT Report on Water Reservoir System Upcoming Items 30. MAYOR'S UPDATE 31. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 1:45 p.m., September 7 , 2001. '1 " 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. 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES WCONTINUING PPdORITY ISSUES Airport / Seawall / Convention Center / Arena • Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements • Update status on Senior Centers. • Provide communication on completion of these projects (e.g. "Report to the Community"). • Continue community involvement on issues such as Leopard Street improvements. Privatization / Re-Eneineerin¢ • Clearly define "privatization" and "re-engineering." • Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. • Establish process to identify what services can and cannot be privatized. • Continue focus on park maintenance. Finance • Maintain the 5 -year forecast model. • Review the August 1 budget adoption deadline. Crime Control and Prevention • Continue implementation of the Community Policing initiative. Establish date for Crime Control and Prevention District election. • Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care • Address concerns related to employee compensation and benefits, including health insurance. • Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax • Establish election date. Storm Water Utility * Reconsider implementation plan for a Storm Water Utility. Packer)' Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. Internet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. CDBG · Continue active role. Frost Bank Building · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. Redistricting · Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Council Action Items · Staff completes action requests in a timely manner. City / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient dctivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan ~-. Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) -- **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND THE ARTS AND CULTURAL COMMISSION August 28, 2001 - 12:10 p.m. Mayor Samuel L. Neal Jr.* Mayor Pro Tem Rex A. Kinnison Brent Chesney* Javier Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott City Staff Present 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 ARTS AND CULTURAL COMMISSION Dr. Linda Avila, Chairperson Chuck Anastos George Balli Deborah Fullerton Dennis Kemmerer Leticia Mondragon Elizabeth Reese Sheila Rogers Colin Sykes Van Phan Villa ABSENT Ricardo Sanchez (ACC) Tom Schmid (ACC) Mayor Pro Tem Kinnison called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that a quorum was present to conduct the meeting and Mr. Kinnison noted that there was a quorum of the Arts and Cultural Commission. Dr. Avila said the commission meets once a month to discuss aesthetic and artistic issues and they requested the joint meeting with the Council to discuss, in particular, how the pementage for art ordinance affects the bond projects that were recently approved. She said the members studied the ordinance and recommended that some of the smaller projects not receive the percentage funding so that they could focus instead on the larger projects, including the seawall, the convention center and the arena. *Mayor Neal and Council Member Chesney arrived at approximately 12:15 p.m. Dr. Avila discussed the importance of public art and its role in Corpus Christi. She noted that many people travel to larger cities to experience art but not everyone has the opportunity to do so, particularly children. In addition, providing artistic offerings in Corpus Christi increases the city's ability to attract tourists. With regard to the percentage for public art for the seawall project, Dr. Avila said the commission recommended that the funds (approximately $20,000 to $40,000) be used to hire a consultant to assist with planning a possible seascape design. Minutes - Joint Meeting August 28, 2001 Page 2 Regarding the arena and convention center, Dr. Avila said the commission would like the architectural finn designing those projects and a Development Committee of the ACC to each recommend a list of three to five artists, from which one artist will be selected upon the consensus of both groups. The Development Committee will then recommend that artist to the whole ACC, which in turn will make a recommendation to the City Council. Mayor Neal said he had been delayed in another meeting and he asked the commission members to introduce themselves, which they did. Responding to Council Member Kelly, Mr. Noe said the arena budget includes a line item for art of 11/4% of the $28 million construction cost, which comes to about $400,000. The seawall project includes $1.5 million for streetscaping and enhancements. Mr. Garcia said that amount will need to be used for excavating and replacing the sidewalk in front of the seawall. Mr. Noe noted that 1 ¼% of the $1.5 million amounts to about $20,000. Mr. Noe said that based on the estimated construction costs of the convention center, the allocation for art will be about $250,000. In reply to additional Council questions, Mr. Bray said the allocation applies against a city construction project which is defined in the ordinance as a "building, parking facility, park, arterial street, sidewalk, or any portion thereof." Council Member Longoria discussed the concept of an art master plan and described successful plans in other cities. Additional discussion ensued about that issue. Mayor Neal commented that he had served as a member of the Municipal Arts Committee and he believes Corpus Christi does have a commitment to public art but the problem is how to fund institutional projects. Returning to the discussion about the percentage for art allocations, Mr. Noe pointed out that all the expenditures have to be spent on the project itself, which he explained. Mr. Garcia said there are many ways to utilize those funds in order to create an artistic impression throughout a facility. For example, the theme of the Spanish missions is highlighted throughout the San Antonio Convention Center through repeated patterns in the carpeting and in other ways. Mr. Longoria made a motion to direct staff to bring back for the Council's consideration a request for proposals for the percentage for public art for the seawall project for planning and design between $20,000 and $40,000. The motion was seconded by Mr. Chesney. Mayor Neal called for a voice vote and the motion passed unanimously. Cotmcil Member Scott referred to the percentage for public art for the arena and convention center projects and he questioned how the funds can be used. Mr. Bray said the ordinance states that "the works of art shall be permanent (and) may be integral to the architecture...." Mr. Kemmerer said the commission members were looking at a stand-alone piece of sculpture. Mr. Kinnison said staff has pointed out that the budget for the convention center is very limited. Minutes - Joint Meeting August 28, 2001 Page 3 Dr. Avila said the members of the ACC's Development Committee are formulating their concept about the kind of art they would like to see in the convention center and arena; however, she pointed out that an artist has not yet been selected and considered by the full commission. Council Member Colmenero said an RFP takes time and the ground breaking for the arena project will be occurring in the near future. Mr. Chesney made a motion to endorse the commission's recommendation regarding the process for the percentage for public art for the arena and convention center projects as follows: A. Architectural finn to recommend three to five artists B. Development Committee of Arts and Cultural Commission to recommend three to five artists C. Development Committee and architectural firm reach consensus on artist D. Development Committee brings consensual recommendation to Arts and Cultural Commission E. Arts and Cultural Commission brings recommendtion to City Council Mr. Colmenero seconded Mr. Chesney's motion. Mayor Neal called for a voice vote and the motion passed (Kelly abstaining). There being no other business, Mayor Neal adjourned the joint meeting at 1:10 p.m. on August 28, 2001. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 28, 2001 1:27 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott* Ci_ty Staff.' City Manager David R. Gamia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Alston Kirk, Trinity Lutheran Church, and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 Council meetings of August 21, 2001. A motion was made and passed to approve the minutes as presented. *Council Member Scott arrived at 1:29 p.m. Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointment was made: Port of Comus Christi Authority Mike Carrell Mayor Neal called for consideration of the consent agenda (Items 3-21). Council members requested that Items 5 and 12 be discussed. Thers were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2001-321 Motion approving a supply agreement with the following companies for the following amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid Invitation No. JGPG 01-1, for an estimated annual expenditure of $50,460.56, based on low Minutes - Regular Council Meeting August 28, 2001 Page 2 bid. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee. The large lamps used by the City include: incandescent- 13,354; florescent- 10,702; high intensity-895; quartz- 695; stage, studio & projector lamps-306; and ballast-399. Funds have been budgeted by the using departments for FY 2001-2002. Mid-Coast Electric American Light Warren Electric Corous Christi. Texas Comus Christi. Texas Corous Christi. Texas Group 1, 2, 3, & 6 Group 4 Group 5 $43,104.74 $3,420.42 $3,935.40 Grand Total: $50,460.56 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. M2001-322 Motion approving the purchase of twenty-two computers from Microtek Sales, Inc., Corpus Christi, Texas to be used by the Central Library in accordance with the State of Texas Cooperative Purchasing Program for a total of $39,490. Funds are available through the Telecommunication Infrastructure Fund (TIF) grant. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. M2001-324 Motion approving the purchase of services for laboratory analyses for assessment of technically based local limits for priority pollutants, for the six wastewater treatment plants in accordance with Bid Invitation No. BI-0185-01, with Analysys Inc., Corpus Christi, Texas, based on low bid for a total amount of $34,890. These analyses are required by the Texas Natural Resource Conservation Commission (TNRCC) to determine the pollutants in the wastewater. Funds have been budgeted by the Wastewater Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. M2001-325 Motion approving the purchase of one 26' Van fi.om Lynch Diversified Vehicles (LDV, Inc.), Burlington, WI, for the total amount of $190,912. The award is in accordance with the Federal Supply Schedule of the United States General Services Administration (GSA). The van will be used by the Police Department. Funds are available in the Law Enforcement Minutes - Regular Council Meeting August 28, 2001 Page 3 Block Grant and Crime Control District monies in FY2001-2002. This item will be a new addition for the department. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 8. M2001-326 Motion authorizing the City Manager or his designee to execute a contract in the amount of $58,328.52 for purchase of services from the State of Texas, Department of Information Resoumes, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) and COMPAQ equipment being maintained by COMPAQ through its computer services contract with the State of Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, and Noyola voting "Aye"; Longoria and Scott absent. 9.a. M2001-327 Motion authorizing the City Manager or his designee to accept a grant in the amount of $753,411 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the South Texas Library System located at Corpus Christi Public Library for the State Fiscal Year 2001-2002. The tbregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 9.b. ORDINANCE NO. 024557 Ordinance appropriating $753,411 from the Texas State Library and Archives Commission to operate the South Texas Library System, administered by the Corpus Christi Public Library, in the No. 1050 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.a. M2001-328 Motion authorizing the City Manager or his designee to accept a grant in the amount of $129,087 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting August 28, 2001 Page 4 Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.b. ORDINANCE NO. 024553 Ordinance appropriating $129,087 from the Texas State Library and Archives Commission for operating the Interlibrary Loan Center by the South Texas Library System, administered by the Corpus Christi Public Library, in the No. 1050 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ll.a. M2001-329 Motion authorizing the City Manager or his designee to accept a grant in the amount of $2,500 from the National Endowment for the Humanities. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 11.b. _ORDINANCE NO. 024554 Ordinance appropriating $2,500 from the National Endowment for the Humanities in the No. 1050 Federal/State Grants Fund to assess preservation needs of local history collections. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye' Longoria and Scott absent. 13. M2001-331 Motion authorizing the City Manager or his designee to execute a construction contract with Malek Inc. for a total fee not to exceed $43,900 for the City Hall cooling towers repairs 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14. M2001-332 Motion authorizing the City Manager or his designee to execute a construction contract with Weathertrol Inc. for a total fee not to exceed $103,000 for the Water Department chiller replacement - Ayers Service Center. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and ' ' ' Noyola voting Aye Longorla and Scott absent. Minutes - Regular Council Meeting August 28, 2001 Page 5 15. M2001-333 Motion authorizing the City Manager or his designee to execute a ten year agreement with Texas State Aquarium to maintain 36 acres of Tract D, Brooklyn Addition, Corpus Christi, Texas and all improvements to the property, including the boardwalks, kiosks, and overlooks; and maintain the Corpus Christi Beach Park Wetlands (North Beach Park Unit 1, Lot 1) and all improvements including the overlooks, boardwalks and kiosks; and use these improvements and property for educational programming, research and ecotourism. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16. RESOLUTION NO. 024555 Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Master Agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 17. ORDINANCE NO, 024~56 Ordinance abandoning and vacating 4,400-square foot portion of a 10-foot wide, utility easement out of Lot 21, Block 17, Padre Island No. 1; requiring the owner, Sonrisa Partners, Inc. to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 18. ORDINANCE NO. 024557 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Island Foundation Inc. for the right to install and maintain three underground 1.5 inch diameter high-density polyethylene conduits containing fiber optic and communication cables extending approximately 82.5-feet across the Encantada Drive Street right-of-way (ROW), and connecting the Island Foundation facilities on either side of said right-of-way; establishing a fee of $497.50. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 28, 2001 Page 6 19.a. M2001-334 Motion authorizing the City Manager or his designee to accept a grant in the amount of $44,846 from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) for funding available under the investigative Satellite Initiative of the Internet Crimes Against Children (ICAC) Task Force Program, and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 19.b. ORD1NANCENO. 024558 20. 21. Ordinance appropriating $44,846 from the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention in the No. 1050 Federal/State Grants Fund for law enforcement equipment and training to develop or enhance forensic, investigation or prevention resources to respond to online sexual exploitation of children offenses. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ORDINANCE NO. 024559 Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating Section 29-51, Municipal Court Collection Fee, to create new collection fee for defendants with delinquent Municipal Court payment orders in an amount of 30% of each delinquent payment order; and providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ORDINANCE NO. 024560 Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules, Sections 53-250-53-258, Section 53-250-Schedule I, One-way Streets and Alleys, Subsection (a-l) School Areas, by establishing a one-way traffic pattern north on Palmira Drive in the direction from Almeria Avenue to Encantada Avenue during the school hours of Seashore Learning Center Charter School; providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 28, 2001 Page 7 Mayor Neal opened discussion on Item 5, mowing services. Responding to Council Member Kelly, Mr. Mike Barrera, Procurement Manager, explained that the city has other mowing contracts in place but this contract is for areas that had been the responsibility of Park and Recreation. He said this contract will provide for a higher level of service. Mr. Tony Cisneros, Director of Park and Recreation, added that the contract will free up city crows so they can mow the parks on a more regular basis, which he explained. Mr. Kelly also asked about the mowing of the medians on Leopard Street and Mr. Barrem said they are included in this contract. Council Member Scott asked if the Park and Recreation Advisory Committee had reviewed this proposal. Mr. Cisneros said they reviewed it some time ago. He also discussed work that will be performed on the medians on Park Road 22 and in the parks on Padre Island. He said the intent is to match or exceed the city's current maintenance levels, especially on the island. Council Member Colmenero requested a list of the mowing frequency and areas included in this contract as well as areas that are mowed by city staff. City Secretary Chapa polled the Council for their votes: Motion approving a supply agreement with the following companies for the following amounts for mowing of rights-of-ways and parks, in accordance the Bid Invitation No. BI- 0166-01, based on low bid for an estimated annual expenditure of $230,711.80. The terms of the contracts will be twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Storm Water Department and Parks and Recreation Department in FY2001-2002. Ram's Services Com_us Christi, TX Groups 1-6 $162,825 Sierra Services Sinton. TX Group 7 $67,886.80 Grand Total: $230,711.80 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal opened discussion on Item 12, Bayfest 2001. Council Member Kinnison asked about the reimbursement percentage for police overtime costs, to which Mr. Cisneros responded. However, later in the meeting City Manager Garcia said that this year Bayfest will be responsible for 100% of city costs for event services, including police overtime. (Last year the organization paid 100% of city costs and 75% of police overtime.) City Secretary Chapa polled the Council as follows: 12. M2001-330 Motion approving the application from Bayfest Inc. to temporarily close the following street Minutes - Regular Council Meeting August 28, 2001 Page 8 sections for the Bayfest 2001 festival September 21-23,2001: a) Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of the old Belden Street median crossover (exclusive of median crossover at Power Street) to Hughes Street, beginning at 9:00 a.m., Wednesday, September 12, 2001 through 5:00 p.m., Friday, September 21, 2001 and from 6:00 a.m., Monday, September 24, 2001 through 5:00 p.m., Wednesday, September 26, 2001. b) Southbound Shoreline Boulevard (full closure), from the south right-of-way of Hughes Street to the north right-of-way of Power Street, beginning at 9:00 a.m., Wednesday, September 12 through 5:00 p.m., Wednesday, September 26, 2001. c) Nordabound Shoreline Boulevard, (full closure), between westbound Interstate 37 and the north right-of-way of Hughes Street, from 5:00 p.m., Friday, September 21 through 6:00 a.m. Monday, September 24, 2001. d) Southbound Shoreline Boulevard (full closure), between the north right-of-way of Power Street to westbound IH 37, beginning at 5:00 p.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. e) North Water Street (full closure), between Fitzgerald Street and Hughes Street from 8:00 a.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. f) Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to through traffic) each between Water Street and Shoreline Boulevard, from 8:00 a.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. g) Power Street (full closure) between 5:00 p.m., Friday, September21 through 6:00 a.m. Monday, September 24, 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Council Member Longoria asked how the city knows what the police overtime costs will be. Mr. Garcia said the city budgets that based on the prior year's experience. Mr. Longoria requested additional information. Council Member Garrett asked staff to also include the amount of money that Bayfest spends for off-duty police officers to provide security services on the grounds. Mr. Garcia said city staff does not have direct access to that information but they can request it from Bayfest officials. Mayor Neal recessed the Council meeting to read the day's proclamations. Upon reconvening, Mayor Neal referred to Item 23, recognition of continued accreditation status by the American Association of Museums. City Manager Garcia said this recognition is a tribute to Mr. Rick Stryker, Director of the museum, his staff and the support provided by the Friends of the Museum. Mr. Stryker said all those people work very hard to maintain the museum's quality. He introduced Mr. Delbert Hooper, Chairman of the Museum Auxiliary, and Ms. Gwen Henzi, Chairperson of the Museum Advisory Committee. On behalf of the Council, Mayor Neal thanked all those involved and he commented on the museum's new addition. Minutes - Regular Council Meeting August 28, 2001 Page 9 Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing to consider the proposed ad valorem tax revenue increase. Mr. Mike Harty, Controller, explained that the FY 2001-02 city budget includes a proposed tax rate of $0.6441745 per $100 valuation, which exceeds the effective tax rate by 103%; consequently, state law requires that the Council hold a public hearing on the proposed rate. Mayor Neal called for public comment on Item 22 and there was none. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero and passed. The Mayor stated that the City Council is scheduled to vote on the tax rate at the meeting to be held on September 11, 2001, beginning at 2 p.m. in City Hall. Mayor Neal referred to the presentations on the day's agenda. City Manager Garcia said staff was withdrawing Items 24 and 25 regarding the quarterly report for Bond Issue 2000 and the fourth quarter report on the city's Risk Management program. The Mayor opened discussion on Item 26, a presentation on the reservoir operating plan and standby groundwater supply. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, used a computer presentation to first discuss the Mary Rhodes Pipeline, which runs 101 miles from Lake Texana to the Stevens Water Treatment Plant in Corpus Christi. The pipeline was completed on time (in two years) and under budget at a cost of $127 million. He said the pipeline initially had the capacity to pump 77,000 acre-feet per year and with the addition of more pumps it will have a future capacity of 112,000 af/yr. Mr. Massey said the project was expedited through the participation of other agencies: Port of Corpus Christi Authority, Nueces River Authority (NRA), and Lavaca-Navidad River Authority (LNKA). He noted that bond sales of $135 million were authorized and $127,165,000 in bonds were actually sold (a difference of $7,835,000). Mr. Massey discussed the impact of the Lake Texana water supply on the firm yield of the reservoir system, which consists of both Lake Corpus Christi and Choke Canyon. The firm yield in 1997 without the Lake Texana water was 168,600 affyr and in 1999 with the inclusion of that water the firm yield was 209,700 affyr, an increase of 41,100 af/yr (24.4%). However, since there has not been any rain in the watershed, the reservoirs are not delivering at the 168,600 afiyr rate. The Assistant City Manager also compared the Lake Texana water with desalination. In 1996 the City Council at that time was determining which long-term water supply options to pursue, including a pipeline and desalination. At that time, the Council considered the information gathered by the City of Tampa, Florida, which decided in May 1996 to construct a desalination plant. In October 1996 the Corpus Christi City Council decided to proceed with the Lake Texana pipeline. Mr. Massey pointed out that Tampa Bay's desalination plant, which may not be completed until December 2002, will provide 28,000 affyr of water, while Corpus Christi has a contract with LNRA for a minimum of 41,800 atYyr of water; to date the pipeline has delivered 88,000 acre-feet of water to the treatment plant. He said if the Council had chosen the desalination option in 1996, the plant Minutes - Regular Council Meeting August 28, 2001 Page 10 would not yet be operational and no additional water would have been generated, resulting in a combined reservoir level of 20% today. Responding to Council Member Garrett, Mr. Massey said there are about 325,000 gallons of water in one acre-foot. Mr. Ed Garafia, Water Superintendent, said that in the last several weeks, water customers have consumed about 90 million gallons per day (MGD), of which approximately 42 MGD or 50% of the daily amount is being provided by the Mary. Rhodes Pipeline. In reply to Council Member Noyola, Mr. Massey said the city currently has a contract with LNRA for 4,500 additional acre-feet of water when it is available, which will add another 5% to the total amount being taken at this time. In addition, LNRA will seek approval from the Texas Natural Resource Conservation Commission (TNRCC) and the Texas Water Development Board (TWDB) to make an additional 7,500 acre-feet of interruptible water available to Corpus Christi. Mr. Massey also pointed out that since the city is drawing on Lake Texana water, the drain on the reservoirs is much slower than it would be without that additional water supply. Council Member Kelly asked about the impact of the Lake Texana water on the firm yield of the reservoir system. Mr. Massey explained that the firm yield is an estimate of how many acre- feet of water could be obtained from the reservoir system until it was pumped dry (assuming the drought of record). He said that while the firm yield is increased to 209,700 af/yr with the Texana water, this region actually only uses about 130,000 af/yr. He added that the Lake Texana watershed is much mom productive than Corpus Christi's watershed and the Garwood water would come from a third watershed. Council Member Colmenero asked what other steps can be taken to reduce consumption in the coming months. Mr. Massey said the lawn watering restrictions are still in effect and he noted that the growing season will be coming to an end, which will reduce demand to about 60 MGD as opposed to 90 MGD at this time. Mr. Garafia discussed the Lake Corpus Christi-Choke Canyon Reservoir operating plan. He explained that the Nueces River basin is supplied by the Nueces, Frio and Atascosa rivers and consists of Lake Corpus Christi, which is impounded by Wesley Seale Dam (completed in 1958) and Choke Canyon Dam (completed in 1982 and filled for the first time in 1987). He said the reservoir system's current operating policy states in part that in order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation 74 feet before water is released from Choke Canyon reservoir. He noted that there is a 2,000 acre-foot per month constant flow of water from Choke Canyon down the Frio River to Nueces River. Mr. Garafia also discussed the operation and locations of the Alice, Mathis and Beeville pipelines. He said that currently Lake Corpus Christi is at 80.6 feet and Choke Canyon is at 196.0 feet. The next presentation was regarding the standby groundwater supply system, also known as the supplemental well program. Mr. Garafia said they consist of the following: four wells located near the city of Campbellton in Atascosa County which were installed in 1951 during a critical Minutes - Regular Council Meeting August 28, 2001 Page 11 drought; four wells owned by the city at Lake Corpus Christi; eight wells on property leased by the city which were acquired during the 1980s drought; and 11 pieces of property leased by the city with no wells which were also acquired during that drought. Mr. Garafia said that extensive repairs are required in order to reactivate the four Campbellton wells. He noted that since the water from those wells can be as hot as 148°F, the TNRCC requires that it be cooled before it is discharged into the Atascosa River. In addition, due to channel losses, very little of the well water will reach its intended destination and a permit for exporting water will be required. He also discussed the four city-owned wells and the eight city- leased wells, half of which are not operational or require extensive repairs. He said those wells discharge into the Nueces River or its tributaries with resulting evaporation and channel losses and the water quality is fair due to the presence of chlorides. Mr. Gamfia said the city pays over $50,000 in annual lease costs in addition to operation and maintenance costs. He said many of the leases are nearing the end of the next to last five-year option period. Mr. Garafia said that other opportunities for standby water sources include utilizing the Mary Rhodes Pipeline, which has the capacity to transport additional water, such as the additional interruptible water from Lake Texana. In addition, there are no evaporative losses and the groundwater quality is better along the pipeline route. He said at the next Council meeting staff intends to present the standby groundwater supply evaluation report prepared by HDR Engineering. Mr. Scott asked if the city is currently in the drought of record, and Mr. Garafia replied affirmatively. Mr. Kelly Payne of HDR Engineering said the previous drought of record occurred in the 1960s and lasted 42 months. He said the last time the reservoirs were full was in 1993 and he noted that rebounding can occur very quickly in this water system, often through the presence of a hurricane or tropical storm. Mr. James Dodson, Deputy Executive Director of the Nueces River Authority, said the TWDB has compared the current drought with previous ones. They concluded that not only has this last eight-year period been drier but there have also been many more days of temperatures above 100°F. Consequently, he said, no one knows when this drought will end. Responding to Mr. Colmenero and Mr. Kelly, Mr. Garafia further discussed the operation of the wells and water costs (which was discussed in more detail in the following presentation). Mr. Garafia pointed out that the city's aquifer is not sustainable indefinitely and the well system could probably only deliver about 15 MGD. In addition, the city's water treatment plant cannot remove chlorides. He said staff will have to come back with an engineering evaluation to answer the questions raised by Mr. Kelly. Mayor Neal said the city does not have reliable data with regard to the operation of the wells since they have never been utilized (except for testing). Mr. Massey reiterated that HDR Engineering has completed its study about the well system but this presentation was only meant to summarize the status of the wells; additional information will be provided later. Mr. Garcia said that another option is to find a good source of groundwater, lease the land, and mine the water. Minutes - Regular Council Meeting August 28, 2001 Page 12 In response to Council Member Kinnison, Mr. Dodson briefly discussed the Trans-Texas Water Study and studies conducted in response to Senate Bill 1 regarding various water supplies. Mr. Noyola asked additional questions about the operation of the wells, to which Mr. Garafia replied. Mayor Neal opened discussion on Item 30 regarding the Garwood pipeline (water from the Colorado River). Using a computer presentation, Mr. Garafia explained that in 1990 the Nueces River Basin water planning study was conducted of the Nueces and Lower Nueces River Basin. Results showed a significantly lower firm yield, mostly due to the flesh water inflow operating order. The following year a regional water planning study looked at the availability of additional water supplies in the Lavaca and Colorado basins. In September 1992 the City of Corpus Christi entered into an option agreement for the purchase of up to 35,000 af/yr from the Garwood Irrigation Company, which was approved by the TNRCC in 1998. Mr. Garafia said the TNRCC amendment to the certificate of adjudication authorizes the city to divert 35,000 af/yr from the Colorado River for irrigation, municipal and industrial purposes at a rate not to exceed 150 cfs and it subordinates the 35,000 af/yr to the remaining portion of the original Garwood water rights with a priority date of November 2, 1900. Mayor Neal asked what the city paid for the Garwood water. Mr. Dodson replied that it was a one-time purchase cost of $450 per acre foot, which is about $14.5 million for senior rights to the Garwood water in perpetuity. Mr. Garafia said them are two options for delivering the Garwood water to the Mary Rhodes (Texana) Pipeline: peak diversion rate, which pumps the water directly from the Colorado River to the pipeline; and a uniform annual rate using an off-channel storage reservoir near the diversion site. He said the first option would require a surface water intake and pump station near Bay City; a 41- mile transmission pipeline from the Colorado River to the terminal storage tank at the Texana pipeline intake pumping station; junction piping and appurtenances to tie the Garwood pipeline to the Texana pipeline; and reconfigure the Texana pipeline intake and intermediate pumping stations. The estimated cost for this option is $253 per acre-foot. Mr. Garafia said the uniform delivery rate option would require a surface water intake and pump station near Bay City; a transmission pipeline from the Colorado River to an off-channel storage site with a surface water intake and pump station; a 36-mile transmission pipeline from the off-channel site to a terminal storage tank at the Texana pipeline intake pumping station; and junction piping and appurtenances to tie the Garwood pipeline to the Texana pipeline. The cost would be about $259 per acre-foot. He said staff is recommending developing a request for proposals (RFP) for professional services for a routing plan and acquisition of the necessary right-of-way, as well as exploring the benefits of parmering with other entities, similar to the Texana pipeline. Council Member Chesney asked what would happen to the use of the Garwood water while the city determines the best way to bring it to this area. Mr. Garcia said staff would be hesitant to recommend a long-term usage of that water by anyone else because Corpus Christi needs it, and it would be difficult to find someone who could buy it for a one-time use. Mr. Dodson said this Minutes - Regular Council Meeting August 28, 2001 Page 13 drought has caught everyone by surprise with its severity and the long-term planning studies are having to be readjusted as a result. He said he believes it is even more necessary now to hold onto the Ganvood water rights, particularly in the short-term. Mr. Dodson said he believes this is the best option to pursue at this point. Responding to Mr. Garrett, Mr. Garafia said that depending on the financing of a project involving the Garwood water, the new total raw water cost could be 92 cents to 95 cents per 1,000 gallons. He added that those figures fluctuate monthly depending on the draw of water. Mr. Colmenero asked who could use the Garwood water if the city does not exemise its right to it. Mr. Dodson said that right now "junior" diverters are allowed to access water during shortages but if the city exemises its senior rights, those users would not be able to take the water. Mr. Payne of HDR discussed the use of both the Texana and Garwood water supplies. He said the Texana water would probably be taken first because it is on a "take-or-pay" basis while the Garwood water is not (the city owns it now). He said the addition of those two water supplies would result in the city's reservoir system being fuller most of the time, which provides for more opportunity to use the reservoirs and to "bank" the water for periods of drought and higher demand. Mr. Garcia noted that the city's senior right to the Garwood water still applies even when the Colorado River is low. Mr. Kinnison questioned why the Mary Rhodes Pipeline cost $127 million for 101 miles while the Garwood pipeline is estimated to cost $85 million for 35 to 40 miles. Mr. Payne explained that much of the cost will be for the facility that will be needed to take the water out of the Colorado River and to make it flood-proof. He said then have been some discussions with the Lower Colorado River Authority (LCRA), which may have some facilities available. Mr. Dodson said the remaining 133,000 acre-feet of water rights owned by Garwood were purchased by the LCRA and they also subsequently purchased the last remaining privately held water fights in the Colorado basin. Mr. Kinnison asked what the city's situation would be today if it had access to the Garwood water. Mr. Payne showed a graphic illustrating that scenario, saying that the reservoir level would probably be at 40% instead of 30% as it is today. He added that over 40% a certain amount of water would be passed through to the bays and estuaries if the flow came into the reservoir system. Mr. Payne said planners are confident that the Rincon Bayou project will demonstrate the importance of the placement of water to benefit the delicate estuafine system, which may affect the water release program in the future. Mr. Garafia and Mr. Massey further explained that issue. Mr. Noyola said citizens do not want any more water mswictions and some feel that the Mary Rhodes Pipeline did not deliver the relief that was promised. He questioned why the city does not just pursue the desalination option since the Gulf of Mexico has a bountiful amount of water. Mr. Massey replied that if the city had pursued desalination five years ago, it would have resulted in only about 28,000 af/yr of water as opposed to the 42,000 affyr being provided by Lake Texana; however, the desalinated water would have cost significantly more. Mayor Neal said the Council needed to postpone the rest of this discussion in order to go into executive session, pursuant to Texas Government Code Section 551.074, to interview candidates for I'T Minutes - Regular Council Meeting August 28, 2001 Page 14 and deliberate the appointment of a Municipal Court Judge with possible action related thereto in open session (Item 41). (Note: the erecutive session under Item 42 regarding City of Corpus Christi v. Nancy Helen Graham, et al, No. 01-025-C, County Court At Law. San Patricio County, Texas and regarding land acquisition in connection with the Rincon Bayou Project, was withdrawn.) The Council went into executive session. The Council returned from executive session. Mr. Longoria made a motion, which was seconded by Mr. Scott, to adopt the following ordinance: 41.a. ORDINANCE NO. 024570 Ordinance amending Ordinance No. 8127 as amended, Section 510, Executive Pay Plan, by adding Municipal Court Judge, Division D. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mr. Longofia then made the following motion, seconded by Mr. Garrett: 41.b. M2001-344 Motion appointing Deanie King as Judge of the Municipal Court of Corpus Christi, Texas, Division D and setting her salary at $54,105 to a term coterminous with that of the City Council. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola. and Scott voting "Aye." Mayor Neal called for petitions from the audience. Ms. Mary Lou Huffman, 402 Old Robstown Road, addressed the problem of the tick infestation at the city's Animal Control facility. She suggested that the city promote adoption and quick retrieval of those animals. Dr. Michael Mintz, 141 Kush Lane, presented a proposal to improve Airheart Point. He said he and Mr. George Hahn own the property on the north border of the easement and Mr. Mike McKinnon owns the property to the south. He said he has met with city staff about the property owners' proposal to develop a scenic overlook with picnic tables and staff suggested he elicit the Council's support. Mayor Neal asked Dr. Mintz to meet with Planning Department staff so that his proposal may be formally presented to the Council as an agenda item with ample time for discussion. Mr. Joe Cole, 4613 Kirkwood, said there are individuals and subcontractors who will not qualify for the required permits to dump debris at the landfill, which will result in them taking the Minutes - Regular Council Meeting August 28, 2001 Page 15 debris either to E1 Centro Landfill in Robstown or leaving it on the curb for the city to pick up. He said he was told that without a permit, people will not be able to use the city's Elliott Landfill after September 14th and other people are not even aware of the new requirements. Mayor Neal said the Council has had much discussion about this issue during its public meetings and they responded to Mr. Cole's concerns about worker's compensation. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, discussed Senate Bill 382, known as the "two in/two out" rule. He said that law will go into effect on September 1, 2001 and the Texas Fire Protection Conmaission will meet in Austin on September 7, 2001. Their advisory council will draft rules to implement the law, which has to be followed by all local fire departments in Texas and is supported by the union. He said Corpus Christi has been providing minimum staffing (three firefighters) on its fire trucks and ladder trucks and he expressed concern about how the law will be followed. He said House Bill 1096 regarding fire districts needs to be passed to provide for more staffing on the city's fire trucks. Mayor Neal returned to the discussion about Item 30 regarding the Garwood pipeline. Responding to Council Member Scott, Mr. Payne said the peak diversion option consists of 41 miles of 64-inch pipe with no off-channel storage as opposed to the uniform delivery option, which includes five miles of 64-inch pipe running to a storage facility and 35 miles of 48-inch pipe connecting to the Texana pipeline. He added that the reservoir would have a small surface area, which reduces the amount of evaporation. Mr. Garafia said the Garwood pipeline project would not have to be as fast-tracked as the Mary Rhodes Pipeline. Mr. Scott asked about Green Lake, and Mr. Dodson said he did not think it would be suitable for municipal purposes. Council Member Chesney said he needed to leave the meeting to visit his father in the hospital and he had some questions about the cost of the Garwood water versus desalination (even though staff had not yet given their presentation). Mr. Dodson said it was mainly a matter of timing because it will take longer to build a desalination plant than the Garwood pipeline. He said the desalination technology has been proven in certain applications but the procurement, permitting and financing processes are time-consuming. Mr. Garcia added that staff is suggesting that the city have a diversified portfolio of water sources: reservoirs, Mary Rhodes and Garwood pipelines, and a pilot desalination facility (possibly followed by additional facilities). Mayor Neal opened discussion on Item 31 regarding desalination facilities. Mr. Dodson used a computer presentation to discuss several aspects of that issue. He noted that desalination has been studied as a possible water source since 1914 and many times thereafter. In the Trans-Texas Study of 1995 the cost was estimated to be $5 to $6 per 1,000 gallons (kgal) while the bid for the Tampa Bay facility came in at $2.08/kgal. Mr. Dodson discussed desalination technologies, such as electrodialysis reversal, distillation (thermal) processes, reverse osmosis, and experimental processes. He described how the Tampa Bay proposal was developed, including procurement and financing, site and facility characteristics, and [[ r Minutes - Regular Council Meeting August 28, 2001 Page 16 costs (including capital costs of $98 million to $129 million). With a capacity of 25 million gallons per day, the Tampa Bay plant is the nation's largest proposed seawater desalination plant. He noted that all the bids were based on the reverse osmosis treatment process. He said the Tampa Bay proposal is still going through the permitting process and officials do not know exactly when construction will begin, although they maintain that it will be completed by December 2002. In the meantime, Tampa Bay Water is moving ahead with a second 25-MGD seawater desalination facility in their master water plan. Mr. Dodson said the primary site that planners wished to evaluate in the Corpus Christi area is the Barney Davis Power Station on the Laguna Madre next to Flour Bluffbecause it offers co- location benefits. He discussed the following three options: Case I - 25 MGD, $0.06/kWhr of power, and 29-mile delivery for a total project cost of $219.8 million; Case II - 25 MGD, $0.04/kWhr of power and 5-mile delivery for a total cost of $179 million; and Case III - combined brackish water and seawater desalination of 25 MGD, $0.06/kWhr of power and 5-mile delivery for $123.9 million. Following additional study and discussion, Mr. Dodson said it was apparent that there is a demand for additional capacity to serve the Padre/Mustang Island area. Currently there is only one water distribution main serving that area and a second pipeline is needed across the Laguna Madre from Flour Bluff. Since that project will be very difficult to permit and mitigate--thereby increasing the cost-an alternative is to construct a 1 MGD to 3 MGD brackish groundwater desalination plant on North Padre Island. He said the advantages of building such a facility include: proven technology with well- defined costs; fewer permitting issues and avoidance of the environmental issues associated with a pipeline crossing the Laguna Madre; draws on unused groundwater resources; adds new capacity to the overall system; provides a cost-effective solution; and generates information for the design and permitting ora larger-scale facility using a combination of groundwater and seawater. Implementation issues that need to be addressed include disposal of the concentrate reject and permitting of the outfall and pipeline; blending desalted seawater with other water sources in the distribution system; power costs; a contract to design, build and operate the facility; groundwater acquisition costs; and aquifer yields. Mr. Massey then discussed a possible time line for a pilot project and said staff is recommending developing an RFP for professional services to prepare a siting plan/feasibility analysis for a desalination facility and to explore the benefits of parmering with other entities. Council Member Garrett asked about the length of the discharge pipe. Mr. Garcia said the length would depend upon the salinity of the discharge material. Mr. Dodson said if brackish groundwater is used for the desalination process, they believe that it will be able to be discharged directly into the Laguna Madre because the salinity would be less than the ambient receiving waters. Council Member Kinnison asked about the supply of brackish groundwater. Mr. Dodson said that previously not much effort was made to identify such sources because the goal has been to find water that is directly potable. However, state water planners are recognizing the need to determine Minutes - Regular Council Meeting August 28, 2001 Page 17 locations of brackish groundwater. Mr. Dodson said a small (4 MGD) desalination plant on Padre Island would require about 5 MGD to feed it, for which there is abundant water. A larger-scale groundwater project would require additional investigation to ensure a sufficient supply of water. Responding to another question from Mr. Kinnison, Mr. Garcia said the city's capital improvement program includes millions of dollars for the southside transmission main, which is intended to resolve the problem of Iow water pressure and increased demand on Padre and Mustang islands. However, that project is also one of the most environmentally challenging ones because it involves trenching the entire depth of the Laguna Madre and under the Intracoastal Canal. He said the option of building a small desalination plant on the island appears to be worth exploring because it offers many benefits and could serve as a model for a larger desalination facility. Mr. Dodson said a 4 MGD brackish groundwater facility would probably have capital costs of about $8 million, which is much less than a seawater desalination plant would have. In addition, the operation and maintenance costs would be much lower. Mayor Neal asked how much water is being used by customers on the island currently. Mr. Garafia said it is about 2 MGD and staff anticipates that that will increase to about 5 MGD once PackeD' Channel is developed. With regard to state entities, Assistant City Manager Tom Utter said staffhas had preliminary discussions about this issue with representatives of the Texas Water Development Board. He said in the last session there was legislation which allows desalination to fall under the same grant and loan program that regular water projects do. Mr. Dodson said it is clear that the state would like to see more seawater and other types of desalination facilities be developed to relieve some of the pressure for increased surface water supplies. He said the U.S. Bureau of Reclamation has some appropriations available for research but brackish groundwater is a fairly proven technology. Additional discussion ensued. In response to Council Member Longoria, Mr. Garafia explained how Port Aransas receives its water. Mr. Dodson confirmed that there is not much history of operating large-scale desalination plants but there are hundreds of small-scale brackish groundwater desalt plants currently operating in Florida. Mr. Longoria said since the city already owns the Garwood water, it would make sense to build a pipeline to bring it here to use. Mr. Gamia said staff is recommending proceeding with both the Garwood water and desalination options so as to provide more concrete answers on costs and time lines. Council Member Kelly asked if the proposed RFP will provide information about the sustainability of fresh groundwater or whether it will only address brackish groundwater. Mr. Massey said staff will do more research on what information is available on the quality of water from other aquifers. Council Member Colmenero asked if staffwill come back with funding options, and Mr. Massey said staff was asking the Council for permission to issue an RFP and prepare an engineering services contract that will be brought back to Council with the funding source identified at that time. City Secretary Chapa read the following proposed motions. Mayor Neal asked for public comment on Items 30 and 31 and there was none. The Mayor said the Council received letters fi'om Minutes - Regular Council Meeting August 28, 2001 Page 18 the Corpus Christi Chamber of Commerce and the Port Industries of Corpus Christi in support of long-term water solutions. Mr. Chapa polled the Council for their votes as follows: 3O. M2001-337 Motion directing staff to develop by the first Council meeting in December 2001 a request for proposals for professional services to identit~ a route for the pipeline to convey the city's Garwood water to Corpus Christi, to negotiate a contract for professional services to acquire necessary property interests within the pipeline route, and to explore possible benefits of partnering with other entities to complete the project as compared with the benefits of proceeding independently. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 31. ~ Motion directing staffto develop by the first Council meeting in December 2001 a request for proposals for professional services to prepare the preliminary design for a water desalination facility utilizing brackish groundwater with a capacity of approximately 3-5 million gallons of water per day located on and serving Padre/Mustang Island, and to explore possible benefits ofparmering with other entities to complete the project as compared with the benefits of proceeding independently. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Mayor Neal noted that item 27 was postponed by staff. 27. T PP..Q..$.! P_O.N_ _~_ Mayor Neal opened discussion on Item 28, 2001 annexation program. Mr. Utter said this proposed annexation is the result of the last annexation in 1999. The proposed annexation consists of six areas containing approximately 16,067 acres (of which about 13,000 is water) and a total of 275 permanent residents. Using maps, Mr. Utter then described the location and characteristics of the six areas: Areas "A" and "B"-Wood River development, 51 acres; Area "C"-Tmcts 1 and 2, Padre Island, two tracts of approximately 1,251 acres straddling the Nueces/Kleberg county line; Area "D"-water area west of Port Aransas, 919 acres; Area "E"-Gulf of Mexico water area east of Aransas Pass with 13,128 Minutes - Regular Council Meeting August 28, 2001 Page 19 water acres; and Area "F"-tracts 3a, 3b, 4 and 5, the remaining portion of Mustang Island, which is north of Mustang Island State Park comprised of four contiguous tracts of land with about 718 acres (tracts 1 and 2 were annexed in 1999). Mr. Utter then discussed the proposed annexation calendar as follows: October 10, 2001- Planning Commission public hearing; October 16th-first City Council public hearing during the regular meeting; October 22nd, 6 p.m.-second City Council public hearing at Port Royal on Mustang Island; November 20th-first reading of the annexation ordinance; December 1 Itt-second reading of the annexation ordinance and final action on proposed zoning (regular meeting); and December 31, 2001-effective date of the annexation. Mr. Utter said staff has already met with some residents of Padre and Mustang islands regarding their concerns. He noted that after this annexation round, the process will become more complicated. Mr. Garcia said once the hearing dates are set and the notices go out, no other properties can be added to the annexation program, although properties can be deleted. Mr. Garcia and Mr. Utter replied to Council members' questions. Mayor Neal called for public comment. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said if the new fire station on Padre Island becomes a multipurpose facility, staff should ensure that there is adequate parking. He asked when construction is scheduled to begin. Mr. Garcia said staff is working to identify the site; following that they can move quickly on the construction because it will be a modular building. Mr. Torres said he hopes that four firefighters will be budgeted for that fire track. Mr. Carl Batalich, an island resident, said he and other residents are looking forward to the new fire station there as well as sound development. Mrs. Betty Jean Longoria, 9534 Wilkins, asked why Suburban Acres was not included in this proposed annexation. She also expressed concern about the annexation of additional properties in Wood River. She said the main road there is a county road. Council Member Kelly said a traffic light is needed at River Hills to divert some of the traffic further east. Mr. Utter said Suburban Acres has water service but it does not have sewer service and he said it will require a lot of infrastructure costs, similar to other areas. Mayor Neal said the city has one more year under the current annexation roles before the law changes on December 31, 2002. Mr. Garcia said there are areas similar to Suburban Acres which are basically colonias and which need a tremendous amount of public investment. He said he and Council Member Noyola met with residents of Rose Acres to discuss their needs and he suggested that staff spend the next year investigating such areas. City Secretary Chapa polled the Council for their votes as follows: 28. Motion approving an annexation calendar and authorizing staff to prepare service plans and schedule Planning Commission and City Council public hearings to consider six areas of land/water for inclusion in the 2001 Annexation Program. Minutes - Regular Council Meeting August 28, 2001 Page 20 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 29, stormwater master plan. City Manager Garcia said that large sections of the community are severely affected by inadequate drainage and staff would like to prepare a comprehensive plan which will be brought back to the Council in the future. Ms. Valerie Gray, Stormwater Superintendent, said that during the Council's retreat in May 2001, one of the issues identified was to evaluate the need for a stormwater drainage utility. She said the action plan developed by staff is as follows: reappoint the Stormwater Management Advisory Committee (which was done on July 24, 2001); review the current stormwater system (August and September 2001); assess current stotmwater funding (March 2002); review funding alternatives (May 2002); and recommend a stormwater implementation plan (June 2002). Ms. Gray said in order to proceed with the second step, city staffis requesting the approval of an engineering contract for the development of a stormwater master plan. She said the funds for that project are available in the FY 2000-01 stormwater capital improvement program. Upon approval of the contract, staff will continue with steps 2-5 of the proposed action plan. Mr. Angel Escobar, Director of Engineering Services, explained that the Stormwater Management Advisory Committee (SMAC) met on August 16, 2001 and unanimously recommended approval of the contract. He said there are several reasons why a comprehensive stormwater master plan needs to be developed, primarily because the existing master plans are outdated, contain inconsistent design parameters, have not kept up with the changing regulatory environment, and do not include all areas of the city. Mr. Escobar then discussed the project participants, saying that the challenge is to bahmce the need for adequate drainage with the cost for providing it. Mr. Escobar said there are two phases of the project. The first phase is the development of the stormwater criteria and design manual, which will provide the following: a city-wide level of protection policy, consistent stormwater criteria and design procedures, and compliance with federal and state regulations related to stormwater quality standards. The second phase is the development of the stormwater master plan, which will include a detailed topographic map set with digital topographic data, existing and proposed basin characteristics, stormwater drainage system capacity, and hydraulic analysis in selected areas. Mr. Escobar also discussed aerial mapping accuracy, geographic limits of the master plan, and a preliminary project time line. Responding to Mayor Neal and Council Member Kinnison, Ms. Gray further discussed the time line and the need to educate the members of the SMAC. She said in June 2002 staff will bring back a recommendation for an implementation plan. The Mayor and Mr. Kinnison said they thought the time table needed to be sped up to proceed more quickly on the project. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes - Regular Council Meeting August 28, 2001 Page 21 29.b. M2001-336 Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $1,048,480 with Goldston Engineering Inc. for the stormwater master plan project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 32, water conservation regulations. Council Member Kelly referred to Sec. 55-152 of the proposed ordinance (page 286 of the agenda packet) regarding automatic water conservation measures. He asked whether a plumbing leak in a home will result in a citizen violating the ordinance. First Assistant City Attorney Reining said that provision was included elsewhere in the plan but it was moved forward so people will begin addressing the issue. He said generally city staff members warn people about a violation and give them an opportunity to correct the problem before any citations are issued. Mr. Kelly said there is the potential of a $500 per day penalty in those cases, which will only exacerbate an already difficult and expensive situation for the property owner. City Manager Gamia noted that there are many mandatory requirements in the water conservation plan but the city did not actually assign personnel to enforce those provisions until the combined reservoir level fell below 30% and a major public relations campaign was launched. Mr. Kelly said plumbing leaks are not the same as violating the time-of-day restrictions for lawn watering. Mr. Garcia replied that in many cases the city is the entity that points out to a customer that he has a water leak (which results in a higher than usual water bill). Responding to another question from Mr. Kelly, Mr. Reining said that only a handful of citations have been issued for plumbing leaks; most people correct the situation as soon as they are made aware of it. Mr. Massey said this provision comes into play when the reservoirs fall below 50% and the city wants to alert people to the need for water conservation. Mr. Kelly said he objects to the idea of criminalizing an event that was not a result of voluntary conduct. He said it is an unfortunate situation that occurs to many citizens and there are economic incentives (a lowered water bill and repaired foundation) to seeing that it is corrected. Mr. Reining said the offense comes into play once a person realizes he has a plumbing leak but does not take steps to repair it. Mayor Neal asked if the language in the ordinance needed to be amended to address Mr. Kelly's concerns about criminal intent. Mr. Reining said the proposed amendment to Sec. 55-155 states that "any person that intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this Article shall be deemed guilty of a misdemeanor..." Mr. Reining said code enforcement violations occur frequently and city staff tries to work with citizens to help them abide by the regulations. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes - Regular Council Meeting August 28, 2001 Page 22 32. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the water conservation contingency measures; providing for penalties. The foregoing ordinance passed on first reading as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly voting "No"; Longoria absent. Mayor Neal opened discussion on Item 33, Water Resources Advisory Committee. There were no comments from the audience. Assistant City Secretary Juarez polled the Council as follows: 33. ORDINANCE NO. 02426! Ordinance amending the Code of Ordinances, City of Co,pus Christi, Chapter 2, Administration, to replace the Water Conservation Advisory Committee with the Water Resources Advisory Committee. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 34, renewal community. Council Member Kelly said he had a conflict of interest with Items 34, 35 and 36 and would be abstaining from discussing or voting on those items. Mr. Utter described the characteristics of the census tracts being proposed for the renewal community application (Tracts 1,3, 4, 10 and 11). He said while such a designation does not result in the receipt of funds it does provide for a variety of tax credits. He said the five census tracts are within the state enterprise zone and the city has received letters of support from a number of groups. He described why those tracts were selected, including their levels of poverty and unemployment. Responding to Council questions, Mr. Utter said HUD requires that a city use 1990 census figures. He said census tract 3 includes the convention center area. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows: 34. RESOLUTION NO. 024562 Resolution authorizing the City Manager or his designee to submit an application to the U. S. Department of Housing and Urban Development (HUD) for the designation of Census Tracts 1,3, 4, 10 and 11 as a "Renewal Community" in order to foster investment and Minutes - Regular Council Meeting August 28, 2001 Page 23 economic development within the Census Tracts. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. Mayor Neal opened discussion on Item 35, a grant for the land acquisition for the arena. Mr. Utter commended Sen. Kay Bailey Hutchison for her efforts in helping the city receive this grant. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes: 35.a. RESOLUTION NO. 02456) Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing and Urban Development (HUD) for an Economic Development Initiative (EDI)-Special Project in the amount of $498,900 for acquisition of land to expand the Bayfront Arts and Science Park. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. 35.b. M2001-339 Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement an Economic Development Initiative (EDI)-Special Project for the acquisition of land to expand the Bayfront Arts and Science Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. 35.c. ORDINANCE NO. 024564 Ordinance appropriating $498,900 subject to approval by the U.S. Department of Housing and Urban Development in the No. 1050 Federal/State Grants Fund for the FY 2001 Economic Development Initiative-Special Project for acquisition of land to expand the Bayfront Arts and Science Park. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. Mayor Neal opened discussion on Item 36, arena land acquisition. City Secretary Chapa said both Council Members Kelly and Scott would be abstaining on this item. There were no comments Minutes - Regular Council Meeting August 28, 2001 Page 24 from the audience. City Secretary Chapa polled the Council for their votes as follows: 36. M2001-340 Motion authorizing the City Manager or his designee to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition located south of the Corpus Christi Convention Center fi-om TRT Development Company, for a purchase price of $3,319,084 including closing costs, for the development of the new Multi- Purpose Arena Facility and Convention Center Expansion and Rehabilitation Project, upon receipt of funding. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, and Noyola voting "Aye"; Kelly and Scott abstaining; Longoria absent. Mayor Neal opened discussion on Item 37, South Texas Military Facilities Task Force. The Mayor noted that the Council was given the source of funding for the resolution. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 37. RESOLUTION NO. 024565 Resolution pledging active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 38, zoning text amendments. He pointed out that the provisions for bed and breakfasts will not be discussed until September 11, 2001. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38.a. M2001-341 Motion to amend prior to second reading to adopt Zoning Ordinance Text Amendments by dividing the ordinance into two ordinances as follows: (1) Ordinance "A" adopting the Zoning text amendments on second reading which are unrelated to "Bed and Breakfast." This ordinance is hereby amended by substituting the words "one-ton" for "two-ton" in the definition of commercial vehicle contained in Article 3. Definitions, Section 3-1.29 Garage, Private. (2) Ordinance "B" adopting the Zoning text amendments which pertain only to "Bed and Breakfast." Minutes - Regular Council Meeting August 28, 2001 Page 25 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 38.b. ORDINANCE NO. 024566 Ordinance amending the Zoning Ordinance by revising Article 3, Definitions; "R-2" Multiple Dwelling District Regulations; Article 8, "A-l" Apartment House District Regulations; Article 8A, "A-iA" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apa,Unent-Tomist District Regulations; Article 1 I, "AB" Professional Office District Regulations; Article 12A, "B-lA" Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 15, "B-3" Business District Regulations; Article 16, "B-4" General Business District Regulations; and Article 22, Parking Regulations. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 38.c. Motion to table second reading of Ordinance "B" to the City Council meeting of September 1 I, 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 38.d. ORDINANCE NO. 024567 Ordinance amending the Zoning Ordinance by revising Article 3 by adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and structures used to house animals, birds, and poultry at animal shelters, kennels, and commercial establishments that raise animals, poultry, and birds within an "I-2" Light Industrial District and "I-3" Heavy Industrial District to be set back at least 100 feet from any required yard lines if abutting or adjoining a residential district. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 38.e. ORDINANCE NO. 024568 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, regarding commemial permits, fees, and spacing requirements, and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Minutes - Regular Council Meeting August 28, 2001 Page 26 Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 38.f. ORDINANCE NO. 024569 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and Food Establishments, regarding required separation between food establishments and kennels and other businesses used to house animals, and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 39, surplus land from the Corpus Christi State School. Mr. Utter said this is a proposed agreement to purchase approximately 95 acres for not more than $450,000. He said the land is being reappraised and if it comes in higher than $450,000 the city does not have to purchase it. He thanked the members of the General Land Office and the Texas Department of MHMR. Mayor Neal called for comments from the audience. Ms. DeeLynn Torres, 617 Lansdown, presented the Council with information about the Top Soccer, Express Soccer, and Soccer Start programs, which are non-profit groups. She said the property being considered at the State School would benefit those programs and she said they have additional funding to promote that facility. Responding to Council Member Colmenero, Mr. Utter said the two cycles of CDBG funds are being used to acquire the property. City Secretary Chapa polled the Council for their votes: 39. M2001-343 Motion approving an agreement between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94.881 acres more or less out ora 197.17 acre tract being Tract G, as shown on CliffMaus Tracts C, D, E, F, and G of a subdivision of 248.566 acre tract out of portions of the L.M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of the Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife grant. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Minutes - Regular Council Meeting August 28, 2001 Page 27 Mayor Neal recessed the Council meeting for the meeting of the Corpus Christi Industrial Development Corporation. Upon reconvening, Mayor Neal called for the City Manager's report. Mr. Garcia reviewed the items that are scheduled for the September 11, 2001 meeting, including a joint meeting with the Corpus Christi Convention and Visitors Bureau. Mayor Neal asked for an update on the tick infestation at the Animal Control facility. Mr. Garcia said this is a seasonal problem which is worsened by the very inadequate conditions there and the fact that many of the stray dogs brought in are covered with fleas and ticks. He said the ultimate solution is for a new facility to be constructed, which was approved by the voters last November. Mr. Jeff Beynon, Animal Control Supervisor, further described the specific problems with ticks encountered at the Animal Control facility. He thanked the Coastal Bend Pest Control Association for their assistance in dealing with that problem and citizens for donating tick-repellent collars. The Mayor noted that the bond mttng agencies gave the city excellent ratings for its sales tax revenue bonds and he referred to a letter from Mr. Richard Leonard regarding the hazardous waste disposal site. He also said there was a letter to the editor from Mr. Donovan regarding parking vehicles on private property. City Attorney Bray said there are size limits for trucks in residential neighborhoods and Mr. Garcia said a parked vehicle cannot obstruct a sidewalk; other than that, there are no ordinances regarding that issue. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 9:00 p.m. on August 28, 2001. T 'I"' CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT (DMD) - Up to one vacancy with term to 8-03 representing one of the following categories: 1) a resident of the district; 2) an owner of property in the district, 3) an owner of stock of a corporate owner of property in the district, 4) an owner ora beneficial interest in a trust that owns a property in the district or 5) an agent, employee or tenant of one of the above. (Recommendations made by the Board of Directors for confirmation by Council) COMPOSITION The board is composed of at least nine but not more than nineteen directors, serving four- year staggered terms. A director must be one of the following: 1) a resident of the district, 2) an owner of property in the district, 3) an owner of stock, whether beneficial or otherwise, ora corporate owner of property in the district, 4) an owner of a beneficial interest in a trust that owns property in the district, or 5) an agent, employee or tenant of one of the above. Succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Wayne Lundquist (A/E/T), Chairman 08-04 Mark Adame (AlE/T), Vice-Chairman 08-04 Dottie Clower (A/E/T), Treasurer 06-02 George Placke (A/E/T) 06-02 Willard Hammonds, Sr. 08-04 Ted Stephens (PO) 06-02 Gordon E. Landreth (PO) 12-02 Ted Puckett (A/E/T) 08-05 Manuel Ugues (ME/T) 11-01 Richard King, III (AYE/T) 06-02 Diane DeCou (PO) 08-02 Leon Loeb (PO) 08-05 Charles W. Thomasson (PO) 08-02 Buz Maxwell (PO) 06-04 Erik Ward (A/E/T) 07-04 Raymond Gignac (PO) 08-05 Wes Hoskins (PO) 08-04 Jennifer Quick (PO) 08-04 8-22-00 8-22-00 6-9-98 10-12-99 8-21-01 11-09-99 12-16-94 5-11-99 8-21-01 6-25-96 6-09-98 8-21-01 8-22-00 8-22-00 R PO SO A/E/T - Resident of District Owner of Property within the District Owner of Stock or Corporate owner of Property within the District Agent, Employee or Tenant of one of the above NOTE: On July 19, 2001, the DMD Board of Directors nominated four (4) downtown property owners for appointment by City Council The DMD informed Council about three of the nominees - Raymond Gignac, Ted Puckett and Leon Loeb - who were consequently appointed by City Council on August 21, 2001. The fourth nominee, Dan Richter (PO), had not accepted the nomination until now. Hence, the DMD Board of 09-11-01.WPD, page I Directors is nominating Mr. Richter for appointment at this time. INDMDUALS EXPRESSING INTEREST Dan Richter CEO, Baytek International, Inc. - software design, networking company. B.S. in Electrical Engineering. (Property Owner) (9-07-0D 09-11-01.WPD, page 2 NUECES COUNTY COMMUNITY ACTION AGENCY - Three (3) vacancies with one-year terms to 10-02. (City's appointees must be public officials. Traditionally, council members have been appointed and if unable to attend meetings, they designate staff or others as representatives.) Up to 27 members, three (3) of whom may be appointed by the City Council and submitted through the County Judge to the Community Action Agency at its annual meeting in September for confirmation. Number of members of public officials established annually by the County. REPRESENTED BY Mayor Loyd Neal Council Member Javier Colmenero Council Member John Longoria Rev. William Pullam Laura A. Aguifiaga Ramiro Gamboa 09-11-01.WPD, page 3 c. SISTER CITY COMMITTEE - Eight (8) vacancies with three-year terms to 9-04. It shall consist of a Steering Committee of 21 members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The officers of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice-chairman shall be elected by majority vote of the sister city committee annually. ORIGINAL APPTD. DATE * Sue Dulaney, Chairperson 9-01 9-8-98 Yalee Shih, Vice-Chairperson 9-02 10-21-97 ** Johnnie Marie Norman 9-01 9-28-99 Mufid A. Abudiab 9-02 10-10-00 Blanca Becerra 9-02 9-28-99 Lucy Reta 9-02 9-10-96 * Gary Hansen 9-01 9-10-96 Drue Combs 9-02 12-14-99 ** * Rachel Gonzalez 9-01 1-23-96 * Marvin Davis 9-01 6-13-00 Ann Jaime 9-02 6-13-00 * Rose Gunji 9-01 9-09-97 **** Elizabeth Iglesias 9-01 12-12-95 * Raquel Madrigal 9-01 6-13-00 Melody Cooper 9-02 5-08-01 Judy Benkendorfer 9-03 10-10-00 Danielle Pearrell 9-03 7-11-00 JoAnn Canales 9-03 10-31-00 Jesfis Rosales 9-03 10-10-00 John Wright 9-03 10-10-00 Frances Powell 9-03 5-08-01 * Seeking reappointment ** Resigned *** Not seeking reappointment **** Has met the six-year service limitation and is ineligible for reappointment 09-11-01.WPD, page 4 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Sue Dulaney, Chairperson 11 11 100% Gary Hansen 11 10 91% Marvin Davis 10 7 70% Rose Gunji 11 10 91% Raquel Madrigal 10 7 70% OTHER INDIVIDUALS EXPRESSING INTEREST Albert Allen Retired Assistant Fire Chief. Owner of Cissi's Flower Shop. Seeking opportunity to leam about different cultures. (9-16-99) Edna Balboa Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (6-19-0D Regis Barber President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (3-23-00) Wayne Bennett President, Corpus Christi Convention and Visitors Bureau. B.B.A. from Washburn University. Community activities include member of Downtown Rotary Club and Leadership Corpus Christi Alumni, Class XXX. Served as the Membership Chair of the International Association of CVBs and past President of Kansas Travel Association. (8-31-01) Randy Farrar Home Builder. B.B.A. in Accounting, Texas A&M University. Activities include: First Vice President of Builders Association, member of Building Code Task Fome, and 2000 Chairman of Parade of Homes. (2-16-00) Robert Vaughan Self-employed. B.S. in Computer Science. Received recognition from Mayor Mary Rhodes. Believes city should be more familiar with different cultures. (9-14-99) 09-11-01 .WPD, page 5 Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (1-23-01) 09-11-01.WPD, page 6 3 AGENDA MEMORANDUM DATE: September 3, 2001 SUBJECT: Roadway Illumination for John F. Kennedy Causeway Elevation Project AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an advance funding agreement with the State of Texas~ acting through its Texas Transportation Commission, setting forth responsibilities for the construction, operation and maintenance of new continuous roadway illumination for the John F. Kennedy (JFK) Causeway Elevation Project between O'Connell Street on the mainland and a point approximately 2,650-feet east of Aquarius Drive on Padre Island, and authorizing the deposit of $48,348.05 with the Texas Department of Transportation as the City's share of construction costs. ISSUE: In November 2001, the Texas Department of Transportation will conduct its bid-letting for the elevation of the JFK Causeway between the mainland in Flour Bluff and Padre Island (see EXHIBIT 1). Consistent with the construction of controlled-access State highway facilities within urbanized areas, continuous roadway illumination is installed as part of the State's improvements, and the City and State share in this expense. Any roadway illumination installed on non-controlled access State highway facilities within urbanized areas is at the discretion of the City and, if chosen, is the 100-% cost responsibility for construction, operation and maintenance. REQUIRED COUNCIL ACTION: other governmental agencies. Council action is required for approval of agreements with RECOMMENDATION: Staff recommends approval of the motion as presented. i-~"'~P'~Anget R. Escobar. P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Additional Background Information Exhibit 1 - Site Map Exhibit 2 - Site Map Exhibit 3 - Advance Funding Agreement AgMemJFKCausewaylllum 901 Roadway Illumination for John F Kennedy Causeway Elevation Project Page I of 3) AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Prior City Council Action 1. Jul,/ 13, 1999 - Resolution approved by Council authorizing the City Manager to execute and submit an application to the State Infrastructure Bank (SIB) for a loan in the amount of $4,000,000 to finance the City's share of the JFK Causeway Elevation Project, and further authorizing the City Manager to negotiate financial terms of the SIB loan. 2. January 18, 2000 - Resolution approved by Council approving the terms from the SIB for $4,000,000 to fund the City's share of the JFK Causeway Elevation Project, and authorizing the City Manager to execute the necessary documents. 3. January 18, 2000 - Resolution approved by Council accepting Texas Transportation Commission Minute Order Number 107987, dated 10-28-1999, providing for the elevation of the JFK Causeway and providing for the contribution from the City of $4,000,000 toward construction of the project. Interchange Improvements The long-awaited JFK Causeway Elevation Project will have its bid-letting in November 2001. As part of this project, TxDOT and City Staff have agreed that continuous roadway illumination is needed for improved driver safety per the following limits: (a) Continuous roadway illumination along the portion of the roadway being elevated and improved - - i.e., between the mainland and a point 1,700-feet east of Aquarius Drive on Park Road 22 (So. Padre Island Drive). This is the initially planned limits of the JFK Causeway Elevation Project. (b) City Staff requested the State to extend the continuous roadway illumination for this project along an additional 950-ft section of Park Road 22 beyond the limits of the State's Project (i.e., to the point 2,650-feet east of Aquarius Drive). This extended 950-ft section is a curvilinear roadway section with a significant horizontal curve. As this portion of illumination is at the City's request and because this section of Park Road 22 is outside the Causeway Elevation Project limits and along the non- controlled access portion of Park Road 22, the construction cost of the roadway illumination, including its operation and maintenance, is the City's 100-% responsibility (see EXHIBIT 2). TxDOT and City Payment and Work Responsibilities Contained in Agreement (EXHIBIT 3) 1. State will be responsible for the construction of the continuous roadway illumination on Park Road 22 from O'Connell Drive to a point 1,700-feet east of Aquarius Drive 2. State will prepare plans and specifications, advertise bids, let construction contract and supervise construction 3. State will bear 100-% of costs for construction of conduit and ground boxes for future fiberoptic communications cable 4. The City's 50-% cost share for construction of the illumination system from O'Connell Drive on the mainland to 1,700-feet east of Aquarius Drive on Padre Island, estimated at a cost of $ 400,000, will be covered by the $4,000,000 amount the City has contributed toward the construction of the JFK Causeway Elevation. Roadway Ilurnination for John F Kennedy Causeway Elevation Proiect Page 2 of 3) (TxDOT and City Payment and Work Responsibilities Contained in Agreement, continued) The City will reimburse the State for 50-% of the cost for maintenance of the illumination system along the controlled access portion of the JFK Elevation Project. The controlled access portion will be from O'Connell Drive to the west end of the Gulf Intracoastal Waterway Relief Bridge (east of the existing Causeway Bridge) The State will reimburse the City for 50-% of the City's cost for electrical operation of the illumination system described in Item 5 above All construction cost for the continuous illumination system on the non-controlled access portion of the project - - i.e., from the Relief Bridge east of the Causeway Bridge to a point 2,650-feet east of Aquarius Drive - - will be the City's 100% cost responsibility. Further the City will be responsible for 100-% of the cost for operation and maintenance for this portion of the illumination. Illumination Improvements and Cost Impact This illumination project will result in the new installation of 117 street lights along the full length of the project. Of these, nine (9) will be the City's 100-% cost responsibility for construction. The City's annual cost for the roadway illumination operation and maintenance expenses for the controlled access (50-% cost share) and non-controlled access (100% cost share) highway sections will be approximately $ 7,500 per year. FUNDING The City's funding share for construction of the illumination improvements will come from the No. 3530 Street Reserve Appropriations. The City's operation and maintenance expenses for the illumination system, which will not be operative until FY 2003-2004 will come from the City's annual Street Light Operation Budget. Roadway Illumination for John F Kennedy Causeway Elevation Proiect Page 3 of 3) EXHIBIT 1 SUBJECT: ROADWAY ILLUMINATION FOR JOHN F. KENNEDY CAUSEWAY ELEVATION PROJECT Lyif=1dAF.0 Traffic Engineering Div. Engineering Services Dept. \\ 1 \tO LIMITS OF CITY'S 100'/o CONSTRUCTION oCOST RESPONSIBILITY ($48,348.05) 0 ti9� I I O2 LIMITS OF CITY'S 100% OPERATION & S I I MAINTENANCE RESPONSIBILITY II / II II 0 IIDRGIWW ELIEF BRIDGE— JFK CAU�EWAY Puckery Channel Park Il 2 I � a I � 0 Q Goo w I P z w c I o 0 0 a I I SFS v II SITE MAP 4tEXHIBIT 2 SUBJECT: ROADWAY ILLUMINATION FOR JOHN F. KENNEDY CAUSEWAY ELEVATION PROJECT Traffic Engineering De Engineering Services Dept. County Nueces CSJ .0617-02-046 Project Number HP 317 ( D Location PR 22 EXHIBIT 3 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State. and the City of Corpus Christi. Texas~ acting by and through the mayor, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code Chapter 201 and Transportation Code Chapter 221 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 107987 authorizes the State to undertake and complete a highway improvement generally described as the construction of Continuous Highway Liqhtin~l and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as the construction of Continuous Highway Lighting located on PR 22~ from O'Connel Street on the mainland to approximately 1700 ft east of Aquarius Drive on Padre Island, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Page 1 of 4 ataproformal.l 2/9/97 County Nueces CSJ 0617-02-046 prOJect Number HP 317 ( 1 ) Location PR 22 Article 2. Project Funding and Work Responsibilities The State will authorize thc performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State. Attachment A. Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Termination This agreement may be terminated in the following manner: · by mutual written agreement and consent of both parties · by either party upon the failure of the other party to fulfill the obligations set forth herein · by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site. the Outside Entity shall perrmt the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary fight-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees dunng the performance of the work on the Project. Page 2 of 4 County Nueces CSJ 0617-02-046 Project Number HP 317 (1) Location PR 22 Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is deterrmned that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Page 3 of 4 a fapro~otma 1. [ 2/9/97 County Nueces CSJ 0617-02-046 Project Number HP 317 (1) Location PR 22 Article 12. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation comrmssion for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Cormmssion. By. Date District Engineer THE OUTSIDE ENTITY Name of the Outside Entity By Date Typed or Printed Name and Title For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 P. O. Box 9907 Corpus Christi. Texas 78469 afaproforma 1. [ 2/9/97 Page 4 of 4 County Nueces CSJ 0617-02-046 Project Number HP 317 Location SPR 22 Attachment A Payment Provision and Work Responsibilities TxDOT AND THE CITY OF CORPUS CHRISTI RESPONSIBILITIES The State shall be responsible for the construction of the Continuous Highway Lighting on PR 22, from O'Conneil Street on the mainland to East of Aquarius on Padre Island. The State will prepare the plans and specifications, advertise for bids, let the Construction Contract. and will supervise construction as required by the plans and specification. The cost for preliminary engineering will be borne by the State. The State shall bear all costs for construction of the Conduit and Ground Boxes for future fiber. o All cost of construction (including construction engineering for the illumination system including, but not limited to, such items as conduits, ground boxes, conductors, electrical services, underpass lighting, and conventional lighting) shall be borne one-half by the City and one-half by the State from O'Connell Street on the mainland to 1700 ft East of Aquarius Street on Padre Island. Ail constructions(including construction engineering for the Illumination system including, but not limited to, such as conduits, ground boxes. conductors, electrical services, and conventional lighting) shall be borne 100 % by the City from approximately 1700 East to Aquarius East for approximately 950 feet. The Cities portion (escrow funding) for the 50-50 portion of the construction costs are included in SIB loan that was approved for the City. The City will be responsible for ( 100 %) of the maintenance and operational costs of the portion of the Illumination System that is to be constructed from the Relief Bridges East of the GIWW to the East end of the project limits. 5. The State agrees to maintain the operation and preservation of the illumination system. The City agrees to reimburse the State for fifty percent (50%) of all costs for maintenance of the illumination system being constructed on this project from the O'Connell Street on the mainland to the West end of the Relief Bridges East of the GIWW, subject to existing maintenance contracts. 7. The City agrees to furnish the electrical energy required for the illumination system. o The State agrees to reimburse the City for fifty percent (50%) of the electrical energy cost for operation of the illumination system from the Western Project limits at O'Conneli Street on the mainland to the West End of the Relief Bridges East of the GIWW. alaprotorma I 12~9/97 County Nueces CSJ 0617-02-046 Project Number HP 317 (1) Location PR22 II. DESCRIPTION OF COST The City's cost (100 % City Cost) for its portion of the work will be based on actual cost estimated to be Forty eight Thousand Three Hundred forty eight and 05/100 Dollars ($48,348.05), including indirect costs. The City's share of the 50-50 costs for the construction of the Continuous Highway Lighting will be covered by the $4,000,000.00 amount the City is contributing toward the construction funding of the project IlL THE SCHEDULE OF PAYMENTS One payment in the amount of Forty eight Thousand Three Hundred forty eight and 05/100 Dollars ($48,348.05) will be paid to the State for the portion of the project that is to be 100 % financed by the City at least forty five (45) days in advance of bid opening the construction contract for the work. The $4,000,000.00 amount that the City is contributing toward the construction of the project is to be paid by the State Infrastructure Bank loan which the City obtained for the project. IV. ACTUAL COST AGREEMENT The City will be responsible for paying any agreed upon costs of the project in excess of Forty eight Thousand Three Hundred forty eight and 05/100 Dollars ($48,348.05) within forty five (45) days of notification by the State of the last overrun. If the project costs less than Forty eight Thousand Three Hundred forty eight and 05/100 Dollars ($48,348.05), a refund will be made by the State to the City after all work is complete. afaproforma I. 12/9/97 Project Area ~ct Area Project Location Map Figure 1.1 - 1 NUECES County District CONA:'US CHRISTI TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page I of 2 In NUECES COUNTY (the "county") on PARK ROAD 22 ("JFK Causeway"), from O'Connel Street on the mainland to Aquarius Drive on Padre Island, a distance of approximately 4.2 miles, a project to elevate and widen the roadway to four lanes is currently being proposed to the City of Corpus Christi (the "city") and the county. The total estimated construction cost for the project is $45,000,000. Section 1602 (Project 317) of the Transportation Equity Act of the _1 Century (TEA-21) specified that $2,813,000 (includes 20 percent state match) would be used for the upgrade of the JFK Causeway. Section 1602 (Project 1813) of TEA-2I specified that $133,863,000 in flexible funding may be used on various High Priority Highway and Bridge projects. Of this amount, a total of $16,500,000 (includes 20 percent state match) is being requested for this project. The Metropolitan Planning Organization (MPO) will allocate S4.000.000 in Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation Program funds, as approved by Texas Transportation Commission (the "commission") Minute Order 107737, dated January 29, 1999. The MPO will also allocate S9,687.000 in supplemental STP Metropolitan Mobility/Rehabilitation Program funds, as approved by commission Minute Order 107892, dated July 29, 1999. Commission Minute Order 107950. dated September 30, 1999, authorized $4,000,000 of the construction cost for the project in Priority i. Category 13B, Hurricane Evacuation Routes of the 2000 Unified Transportation Program (UTP). The city and the count.,,' have offered to provide a minimum of S4,000,000 each toward the construction of the project for a total of $8.000,000. In order to fund the remaining $19.313,000 required to complete the project, it is now necessary to authorize $2,813,000 (includes 20 percent state match) from TEA-2 i, Section 1602, (Project 317) and $16,500,000 (includes 20 percent state match) from TEA-21, Section 1602 (Project 1813). IT IS TI-[EREFORE ORDERED by the commission that the executive director is directed to tender the following proposal to the city and the county: Provided the city and the county ,.till: 1. Contribute a minimum of S4,000.000 each toward the construction of the project, for a total of 58.000,000. F NUECES County District CORPUS CHRISTI TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 2 of 2 The department will: Provide a total amount not to exceed $2,813~000 (includes 20 percent state match) in Category 15, Congressional High Priority Projects. specified in TEA-21, Section 1602 (Project 317). Provide a total amount not to exceed $16,500.000 (includes 20 percent state match) in Category 15, Discretionary Congressional High Priority Projects, specified in TEA-21, Section 1602 (Project 1813). IT IS FURTHER ORDERED by the commission that upon acceptance of the provisions of this Order by the city and the county, the executive director is hereby authorized to enter into any necessary agreements and to proceed in the most feasible and economical manner with project development of the JFK Causeway at a total estimated construction cost to the department of $19,313,000, to be funded in Priority 1, Category 15, Confessional High Priority Projects of the 2000 UTP. IT IS UNDERSTOOD that the department's commitment is limited to a total of $19,313,000, which cannot be exceeded without further commission approval. This Order shall become operative upon acceptance by the city and the county, and if not accepted within 90 days of the date hereof, the actions contained in this order shall not be implemented. ';ubmitted and reviewed by: Recommended by: )trector, Transportation Planning nd Programming Division Executive Director 107987 OCT 28 99 Minute Date Number Passed 1600 ROADWAY I LLUMI NATION (100% CITY) NO PROSECT LENGTH ••. 002 RDWY ILL ASSEM (TY AL 50T-12)(.4 KW)S EA 9.000 2,200.000 ['A'I'L n'//21/01 'TIME 14:54.06 PAGE 4 MI S' -DCS' 9602 LF 1,540.000 4.500 6,930.00 1622 0618 0532 CONDUIT (PVC)(SCHD 40)(2 ")(BORE) LF 460.000 15.000 6,900.00 ESTIMATED 0620 0503 PRICE 8) BARE LF [.INE ITEM DESC S . 1630 UNIT QUANTITY 8) INSULATED PER UNIT AMOUNT NO. NO. CODE N0, ALT DESCRIPTION END FOR RDWY ILL ASM (T'Y A)(30114 DR SH) LF 54.000 105.000 5,670.00 1440 0678 0506 PAV SURF PREP FOR MRKS (24") LF 2,224.000 $ .250 $ 556.00 60.00 1450 0678 0507 PAV SURF PREP FOR MRKS (ARROW) CONTINGENCIES EA 6.000 10.000 60.00 1460 0678 0508 $ 48,348.05 PAV SURF PREP FOR MRKS (WORD) 1690 EA 6.000 NET LENGTH .734 10.000 871,120.00 1470 3146 0789 014 HOT MIX (TY C)(SURF)(PG 76-22)(1. OR S) TON 21,778.000 40.000 3146 0790 014 HOT MIX (TY III (BASE)(PG 76 22)(L OR S) TON 51,279.000 38.000 1,948,602.00 GIRDER PRESTRESSED "I" BEAM 1480 1490 4526 0507 INTERLOCKING ARTICULATING BLOCKS SF 82,284.000 3.250 NEW 267,423.00 1500 5010 0501 CONSTRUCT EXIT (TY 1) SY 1,526.000 STA 37350 9.000 13,734.00 7,019.60 1510 5010 0503 CONSTRUCT EXIT (REMOV)(TY 1) SY 1.526.000 CY 4.600 202.200 $ 5.000 I1,20 5019 6502 0400 0501 LANDOCAPE PAVERS SF 19,123.000 3.900 144,779-70 80.00 1530 5145 0501 SANDBAGS FOR EROSION CONTROL EA 16.000 5.000 38,835.00 1540 5249 0501 TEMP SEDMT CONT FENCE LF 17,260.000 2.250 126,861.00 1550 5249 0502 TEMP SEDMT CONT FENCE (REMOVE L REPLAC) LF 51,780.000 2.450 1560 5249 0503 TEMP SEDMT CONT FENCE (REMOV) LF 17,260.000 -600 10,356.00 224,000.00 1563 5585 0501 REACT 350 (70 MPH) (30' 8"1 EA 8.000 28,000.000 10,800.00 1565 5585 0502 REACT 350 (REMOVE & RESET) EA 4.000 2,700.000 3,500.00 1567 5585 0503 REACT 350 (REMOVE) EA 4.000 875.000 105,000.00 1569 5585 0504 REACT 350 (55 MPH) (21' 8") EA 5.000 21,000.000 1570 5743 0502 GEOGRID REINFORCEMENT ('I'YI'E 1) SY 106,460.000 2.250 419,535.00 1,290.00 1572 6015 0501 REMOV OVHD SIGNS EA 3.000 430.000 100.00 1574 6016 0501 REMOV OVHD SIGN LIGHT FIXTURES EA 1.000 100.000 641,000.00 1550 0000 ••. WATER FILLED DAM LF 6,410.000 100.000 SUBTOTAL $ 29,615,881.82 ENGINEERING AND CONCINGENCIES 3,376,210.53 TOTAL ROADWAY $ 32,992,092.35 1600 ROADWAY I LLUMI NATION (100% CITY) NO PROSECT LENGTH ••. 002 RDWY ILL ASSEM (TY AL 50T-12)(.4 KW)S EA 9.000 2,200.000 19,800.00 1615 1618 0610 0618 0511 CONDUIT (PVC)(SCHD 40)(2 ") LF 1,540.000 4.500 6,930.00 1622 0618 0532 CONDUIT (PVC)(SCHD 40)(2 ")(BORE) LF 460.000 15.000 6,900.00 1626 0620 0503 ELEC CONDUCTOR (NO. 8) BARE LF 2,010.000 .700 1,407.00 1630 0620 0509 ELEC CONDUCTOR (N0. 8) INSULATED LF 4,020.000 .670 2,693.40 1642 0656 0535 END FOR RDWY ILL ASM (T'Y A)(30114 DR SH) LF 54.000 105.000 5,670.00 SUBTOTAL $ 43,400.40 ENGINEERING AND CONTINGENCIES 4,947.65 TOTAL ROADWAY ILLUMINATION(1004 CITY) $ 48,348.05 1690 BRI DGES(5) NET LENGTH .734 MILES 1700 WEST BRIDGE RDWY CLR WID = 81.3 NBI = 161780061702121 LEN = 2B50.0 BRIDGE TYPE: GIRDER PRESTRESSED "I" BEAM WID 84.3 BRIDGE WORK: NEW ON SYSTEM RMVL BRKDACK .0 171D STA 345.00 TO STA 37350 CY 202.200 $ 5.000 $ 1,011.00 1720 0400 0501 STRUCT EXCAV AGENDA MEMORANDUM DATE: September 5, 2001 SUBJECT: Convention Center/Multi-Purpose Arena - Project No. 4235/4236 Geotechnical Investigation and Study AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $3g,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project. ISSUE: A geotechnical investigation and study is necessary for the design of the Multipurpose Arena and Convention Center Expansion/Rehabilitation project. The investigation and study can best be accomplished through the award of a contract to an independent materials engineering laboratory. FUNDING: Funding is available from the No. 1030 Hotel Occupancy Tax Fund and the No. 1130 Arena Facilities Fund. RECOMMENDATION: Approval of the motion as presented. Harold K. Peterson Director of Convention Facilities i¢~ F_/t, ngel R. Escobar, P. E. -- Director of Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summary Exhibit C - Location Map ADDITIONAL INFORMATION SUBJECT: Convention Center Expansion and Rehabilitation - Project No. 4235 Multi-purpose Arena - Project No. 4236 BACKGROUND: House Bill 1655, requested by the City of Corpus Christi, was signed in '1999 by Governor Bush. It authorized a two percent (2%) increase in the City of Corpus Christi's Hotel/Motel Tax for expansion/renovation and maintenance of the Convention Center. The City Council adopted the new, higher Hotel/Motel Tax Rate by ordinance to provide the required revenue for this project. The increase has been actively supported by the local business community, including the local hotel/motel industry. The City of Corpus Christi held an election on Tuesday, November 7, 2000 to consider a number of ballot propositions to fund major capital improvements. Among the approved projects was the new multi-purpose arena with is being funded through an additional 1/8 cent sales tax. PRIOR COUNCIL ACTION: Both projects have involved a series of complex actions. Significant actions by Council include: une_~ 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). ~b.[2C~-~Q - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfrent Convention Center Expansion and Rehabilitation project (M2000-039). November 14 2000 - Ordinance canvassing returns 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 (Ord. No. 024269). Janua 23 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). ~2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). JanuS2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) ~ - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. I EXHIBIT "A" I Page 1 of 2 H:\HOM E~KEVINS\GEN\CONVCTR\EXPANSIO\^GEOTECH,BKG February 13. 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20.2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24. 2001 - Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). PRIOR ADMINISTRATIVE ACTIONS: July 31. 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. FUTURE COUNCIL ACTIONS: 1. Award of materials testing, inspection and construction laboratory services. 2. Award of construction management phase services for the Arena and Convention Center projects. 3. Award of construction contract(s) for the Convention Center Expansion and Rehabilitation and Multi-Purpose Arena projects. 4. Award of management contract for Arena. CONTRACT SUMMARY: The contract provides for: 4. 5. 6. exploration and evaluation of subsurface soil conditions at the site; development of geotechnical engineering recommendations to guide the design and construction of foundations; field exploration; laboratory testing; engineering analyses and reports; and periodic meetings and consultations throughout the design phase of the project. The fee is not to exceed $39,880 for the Multipurpose Arena and Convention Center. The fee is pro-rated between the Arena ($27,880) and Convention Center ($12,000) based on the conceptual design. A contract summary is attached. See Exhibit B. H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\^GEOTECH BKG EXHIBIT "A" J Page 2 of 2 CONTRACT SUMMARY Field Exploration: · Arena - Drill six (6) borings to a depth of 100 ft. and four (4) borings to a depth of 80 ff. Convention Center - Drill three (3) borings to a depth of 80 f. · Collect geotechnical soil samples in soil borings at 2-ft. intervals to a depth of 10 ft. and at 5-ft. intervals thereafter; · estimate the undrained shear strength of cohsive soil samples using penetremeter and/or Trovane; · estimate the realtaive density of granular soils in the field using the Standard Penetration Test; · estimate groundwater levels using open boreholes before backfilling; · install two (2) piezometers at selected soil boring locations to better determine in- situ groundwater conditions; · backfill all soil borings with cuttings; and · transport samples to laboratory for testing. Laboratory Testing: · soil classification tests including (but not limited to) natural moisture contents, liquid and plastic limits, and grain-size analyses; and · strength tests including unconsolidated-undrained triaxial compression tests and unconfined compression tests. Engineering Analyses and Reporting: Develop written report consisting of: · review of historical information for the site including geotechnical investigations; · discussion of field exploration and laboratory testing; · site description, generalized soil conditions, and measured depth to water; · site plan showing boring locations; · computer generated boring logs; · graphical cross section of the subsurface profile across the site; · deep foundation recommendations; lateral earth pressures on below grade structures along with backfill requirements; · recommendations for at-grade pavements, including general flexible and ridgid pavement sections; · pavement subgrade preparation and stabilization guidelines; · site preparation recommendations; · recommendations for foundation installation including temporary excavation (side slope) and soil type classification for OSHA trenching and shoring design; and · fill material recommendations including requirements for structural fill, the suitability of the existing soils at the site for reuse as fill, and compaction requirements. Design Meetings and Consultations: Attend design and provide consultations on the foundation design and foundation related issues throughout the design process. Exhibit B Page 1 of 2 Work Schedule: Start Field Work after NTP 4 to 6 days Field Work 6 working days Laboratory Investigation 12 to 15 working days Final Report Within 15 working days Total 37 to 42 working days Data and results will be provided to the design team on an interim basis as available to permit design to continue. Fee: The authorized fee is not to exceed $39,880 to be paid for actual services performed. Exhibit B Page 2 of 2 F~le : =ouncilexhibits ~ SHiP CHANNEL HARBOR BRIDGE N SUBJECT CORPUS CHRISTI BAY CITY PROJECT No. 4235/4236 CONVENTION CENTER/ MUL TI-PURPOSE ARENA CIT~ OF CORPUS CHRISTI, TEXAS VICINITY IVIAP CITY COUNCIL EXHIBIT DEPAI~ENT OF ENGINEERING SER~CES PAGE: I ol= 1 DATE: 09-05-2001 5 AGENDA MEMORANDUM September 11, 2001 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 19 in the amount of $514,974.42 with Fulton Construction/Coastcon, Inc. A Joint Venture for the Corpus Christi International Airport Terminal Construction project. ISSUE: A number of items were deleted from the plans to ensure the construction contract bids would be within budget. The construction contract price is Iow enough to permit implementation of several deleted items which can best be accommodated as a change order. The change order will result in: 1. a fully programmable public address system; 2. two additional escalators; 3. additional laminates to reduce maintenance costs; and 4. decorative tile to enhance the interior appearance. FUNDING: Funds for this project are available Passenger Facility Charges, FAA Grants and the Aviation Water Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Aviation Superintendent Angel R. Escobar, P.E. Director of Engineering Services Additional Sunnort Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Project Budget Exhibit D: Location Map Page 1 of 1 H:\HOME\KEVINS\GEN~AIR\NEWTERM\^CO19.M BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The original design scope included a number of enhancements that would increase public convenience and Terminal appearance while lower maintenance costs. Cost estimates developed during the design process indicated that there was risk that the building would cost more than funding permitted. A number of items were deleted or had lower cost materials substituted to ensure bids would be within budget. The bids received for the Terminal Building were very favorable and less than estimated. The proposed change order provides for an: · Upgrade of the public address system to a fully programmable system which allows the system to be customized to meet future airport communications and expansion requirements; · Two additional escalators to allow up and down service to airline ticket lobby and the bag claim/rental car areas; · Installation of additional laminates on walls to improve the appearance of areas subject to heavy public usage and to lower maintenance costs; · Installation of decorative tile above the aidine ticket offices and baggage claim to enhance the interior Terminal appearance. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the change order and recommended its approval. H:\HOME\KEVINS\GEN~AIR\NEWTERM\^co19.bkg.doc Page 1 of 1 PRIOR COUNCIL ACTIONS August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 201 1999 - Adoption of FY99-00 Capitat Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminat Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi international Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (rewsion of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). EXHIBIT B Page 1 of 3 H:\HO M E\KEV~N S\GEN~.IR\N EWTERMV'co19exh b.doc 15. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 -Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. 7. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. H:\HOME\KEVINS\GE N~AIR\NEWTERMV'co19exhb.doc EXHIBIT B Page 2 of 3 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fu~ton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. Auqust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. H:\HOME\KEViNS\GEN~AIR\NEWTERM\^co19exhb.doc Page 3 of 3 Project No. 1071 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AIRPORT SEPTEMBER 2001 FUNDS AVAILABLE (1): Preliminary Budget (2/ FAA AIP Grant 28 ......................................................................................................... 3,215,524 Revenue Bond 2000 ....................................................................................................... 11,033,000 Passenger Facility Charges ............................................................................................ 4,171,311 Airport CIP Funds .......................................................................................................... 500,000 Airport Capital Reserves (ineligibles) ........................................................................... 140,000 800,000 Wastewater Capital Fund (Commercial Paper) ............................................................ TOTAL .......................................................................................................................... $19,859,835 FUNDS REOUIRED (3~: Total Construction Cost ................................................................................................. 16,472,000.00 Contingency (9.9% of Original Construction Contract) ................................................ Change Orders No. 1 - 19 .............................................................................................. Wastewater Lift Station & Mains .................................................................................. Architectural/Engineering Design (Gensler) (3) ........................................................... Windstorm Peer Review ................................................................................................ Construction Inspection (AGCM) .................................................................................. Testing (QA) (included in A/E Amendment No. 3) ....................................................... Engineering Liaison and In-house Services (4) ............................................................. Finance Reimbursements (4) ......................................................................................... Printing, Advertising, FedEx, etc ................................................................................... 1,550,742.97 993,510.63 711,300.00 449,840.00 1,000.00 211,400.00 0.00 65,000.00 28,000.00 20,000.00 $19,859,835 $0 DIFFERENCE (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate. (3) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in addition to Terminal. Amount shown is for the fee chargeable to these funds. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction Project. (4) Ineligible for PFC Funding. H:\HOME\KEVINS\GEN~AIR\NEWTERM\^chgorder 19budget,doc [ Exhibit C ] Page 1 of 1 File : \Mproject~councilexhlbits\exh1071oCO19. dwg  ~ San Patricio County NOT TO SCALE  PARKING  ~NDING ~ ~NDING APRON APRON PROJECT LOCATION NOT TO SCALE CZTY PROJECT No. 1071 EXHiBiT "D" CORPUS CHR~ST~ ~NTERNAT~ONAL A~RPORT C~ COUNCIL EXHiBiT ~ TERMINAL CONSTRUCTION PROG~ 2000 O~P~gNT OF ~C~N~N~ S~C~ C~GE ORDER NO. 19 F~ AlP 3-48-0051-28-00 PAGE: I Of 1 CI~ OF CORPUS CHRIS~, TE~S DA~: 09-04-2001 ~ r AGENDA MEMORANDUM DATE: September 11, 2001 SUBJECT: Corpus Christi International Airport - Terminal Apron Improvements Phase 2 (Project No. 1072) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $1,861,920.40 with Haas-Anderson Construction Inc. of Corpus Christi, Texas, for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project. ISSUES: 1. One of the partners of the apparent Iow bidder owned a firm that was debarred by the National Maritime Commission. The debarment by the Maritime Commission did not specifically name W. B. Construction or the partner as being disbarred. Review indicates the debarment could extend to all firms owned by the partner, which would prevent the use of federal funds. W. B. Construction has agreed to withdraw their bid provided the City returns their bid bond. The contract with W. B. Construction was not executed by the City, which requires award to Haas Anderson to construct the improvements. 2. Modification and improvements to the apron are necessary to accommodate the new Terminal Building to meet NFPA code requirements, and to allow for efficient aircraft operations in accordance with FAA regulations. FUNDING: Funds are available from Airport Capital Reserves, Airport Passenger Facility Charge Funds, and F.A.A. Grant Funds. RECOMMENDATION: Approval of the Ordinance and Motion as presented. Dave Hamrick Acting Aviation Director 'Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Project Budget Location Map Bid Tab Summary H:\HOM E\KEVINS\GEN~AIRV~,PRO N2000\PHAS E2-1072\PH2-AWDPH2 H-A.M.DOC ADDITIONAL BACKGROUND INFORMATION SUBJECT: Corpus Christi International Airport- Terminal Apron Improvements Phase 2 (Project No. 1072) BACKGROUND: The New Terminal Building extends onto the Apron from the footprint of the old Terminal Building. The New Terminal is designed to minimize walking distances, and increase the efficiency of Terminal operations. The Phase 2 Apron Improvements will allow the operation of the new terminal to meet NFPA, other code, and drainage requirements, while ensuring safe and efficient aimraft movement. The Phase 2 Apron Improvements include: · new aircraft parking and maneuvering areas; · connection of the existing apron to the new terminal foundation; pavement of demolished terminal foundation areas; and · operation areas to accommodate airline/airport equipment and emergency vehicles The Phase 2 Terminal Apron improvements will allow the commissioning the new Terminal. The Apron Terminal Improvements Project was bid last year. The project could not be awarded as a single project due to funding constraints. The project was redesigned to permit award in two phases. PRIOR COUNCIL ACTION: July 11,2001 · Ordinance appropriating $303,579 in the No. 4621 Passenger Facility Charge Funds for the Airport Terminal Apron Improvements Projects (Ordinance No. 024490). Motion authorizing the City Manager or designee to execute a construction contract in the amount of $1,523,532.50 with W. B. Construction Ltd. for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project (M2001-249). Motion authorizing the City Manager or designee to execute a construction testing and inspection services contract in an amount not to exceed $1 $,485 with Professional Services Incorporated (PSI) for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project (M2001-249). PROJECT DESCRIPTION: Phase 2 consists of the construction of apron improvements to support the construction of a new terminal facility. The project is scheduled for completion within 365 calendar days, but the notice to proceed may be issued as late as November 2001 to coordinate work with the Terminal Construction contract. The coordination schedule requires the project to be divided into eight (8) phases. The project will include: · apron within 50' of the concourse; · apron for parking and push back of aircraft in the two northernmost parking positions; and EXHIBIT A J Page 1 of 2 fill in of the east and west concourses to the backside of the Aidine Ticketing Offices and new baggage claim area BIDS: Phase 2 was bid as a base bid. Three (3) bids were received and opened April 25, 2001. The total base bids ranged between $1,523,532.50 and $2,111,662.80. W.B. Construction Ltd. of Beaumont, Texas submitted the Iow bid. The Iow bid contained unit/quantity extension errors that were corrected on the bid tabulation. See Exhibit D. One of the partners of the apparent Iow bidder owned a firm that was debarred by the National Maritime Commission. The debarment by the Maritime Commission did not specifically name W. B. Construction or the partner as being disbarred. Review indicates the debarment could extend to all firms owned by the partner, which would prevent the use of federal funds. W. B. Construction has agreed to withdraw their bid provided the City returns their bid bond. The next Iow bidder (Haas-Anderson) has agreed to accept a contract award at the unit bid prices totaling $1,861,920.50 as bid April 25, 2001. FUNDING: The Aviation Department received FAA approval for an amendment to the Passenger Facility Charge (PFC) Application Number 2. The PFC amendment achieves the following items: · Revise the project's scope of work and anticipated project financing to reflect the Council-approved Terminal Construction Program, 5-year CIP, and its corresponding finance plan · Increase or decrease project PFC funding to reflect actual expenditures in order to close the projects An Airline Consultation Meeting was held at the Aviation Department's administrative offices on May 4, 2001 as required under Section 158.37 of the Federal Aviation Regulation (FAR) Part 158 - Passenger Facility Charges. No negative comments were received from the Airlines within their 30-days comment period. Southwest Airlines and Continental Airlines were supportive of the PFC Amendment and CCIA's Terminal Construction Program. The PFC 2 Amendment No. 1 was formally submitted to the FAA on June 7, 2001. The FAA approved the amendment request on June 25, 2001. FUTURE COUNCIL ACTIONS: · Appropriation of PFC funds to reimburse prior expenditures for multiple projects. · None are anticipated for the project. Council will be requested to award any required change orders. BOARD COMMITTEE REVIEW: The motion to award the construction contract was reviewed and recommended by the Airport Board during their September meeting. L EXHIBIT A J Page 2 of 2 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL APRON IMPROVEMENTS - PHASE 2 CORPUS CHRISTI INTERaNATIONAL AIRPORT September 2001 Project No. 1072 Funds Available (1) 2000-01 Capital Improvement Program Terminal Apron Improvements - Phase 2 ..................................................................... $2,140,823.00 Total Funds ................................................................................................................... $2,140,823.00 FUNDS AVAILABLE: Preliminary Budget ¢2) FAA AIP Grant 3-48-0051-32-01 .................................................................................. $1,926,740.70 Passenger Facility Charges ............................................................................................ $214,082.30 TOTAL .......................................................................................................................... $2,140,823.00 FUNDS REOUIRED: Total Construction Cost ................................................................................................ $1,861,920.40 Contingency (10.0% of Construction) (3) ..................................................................... $183,980.00 Construction Inspection ................................................................................................. $40,320.00 Engineer (Gensler/Tumer Collie & Braden) (4) ............................................................ $0 Project Manager (DMJM Aviation) (4) ......................................................................... $0 Testing (Quality Assurance) .......................................................................................... $18,485.00 Engineering Liaison and In-house Services ................................................................... $8,470.00 Finance Reimbursements ............................................................................................... $25,400.00 Printing, Advertising, FedEx, etc ................................................................................... $2,247.50 TOTAL .......................................................................................................................... $2,140,822.90 DIFFERENCE $0.10 (1) Project matching share to ,NIP Grant identified in PFC and Airport Capital Reserve funds (2) Preliminary budget based on actual bids received (3) Includes engineer's estimate for Apron Lighting work included in Passenger Loading Bridges project (4) Contract executed and funds encumbered under Terminal Apron - Phase I budget Terminal Apron Improvements - Phase II Corpus Christi International Airport Page 1 of 1 File : \M~roject\councilexhibits~exh1072ph2.dwg CORPUS CHRIS~, ~ ~ ~ LOCATZON ~ NOT TO SCALE ~ PARKING I ~NDINa ~ ~NDIN¢  APRON APRON PROJECT LOCATION NOT TO SOALE CZTY PR~ECT No. 1072 - Phase 2 EXHZBZT "C" CORPUS CHRZSTZ ZNTERNATZONAL AZRPORT cz~ COUNCZL EXHZBZT TERMZNAL CONSTRUCTZON PROG~ 2000 O[P~Nr o~ [N~N[[~N~ S[R.C[S F~ AlP 3-48-0051-28-00 PAGE: I of 1 CI~ OF CORPUS CHRIS~, ~S DA~: 09-04-2001 TABULATION Or BIDS Page 1 of 3 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, angel R.Eacobar, P.B., Director of Engineering Services DATt, Wednesday, April 25, 7001 TIME OF COMPLETION, 365 Calendar Days ENGINEER'S ESTIMATE, $1,981,500 W.B. Construction Ltd. Haas -Anderson Construction Inc. Bay Ltd. CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL APRON IMPROVEMENTS - PHASE 2 P.O. Box 20517 P.O. Box 7692 P.O. Box 9908 PROJECT NO. 1072 Beaumont, TX 77720-0517 Corpus Christi, TX 78467 Corpus Christi, TX 78469 DESCRIPTION gT7t. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 P-101-2.1 Mobilization complete 1 LS 55,000.00 55,000.00 170,000.00 170,000.00 105,580.00 105,580.00 in place per lump sum 2 P-101-2.2 Sequence Phase 1 30 Days 200.00 6,000.00 200.00 6,000.00 500.00 15,000.00 through 3 barricades (Type 1) complete in place per day 3 P-151-4.1 Clearing and grubbing 1 LS 13,000.00 13,000.00 50,000.00 50,000.00 7,050.00 7,050.00 per lump sum 4 P-152-4.1 Unclassified 4,085 CY 5.00 20,425.00 10.00 40,650.00 15.00 61,275.00 excavation per cubic yard 5 P-153-4.1 Removal of airfield 6,682 SY 15.00 100,230.00 16.00 106,912.00 22.50 150,345.00 pavement (concrete) including base courses complete per square yard 6 P-153-4.2 Removal of 3,176 SY 7.00 22,232.00 6.50 20,644.00 10.00 31,760.00 miscellaneous bituminous pavements including base courses complete per square yard 7 P-153-4.3 Removal of concrete 1,423 SY 3.00 -4,269.00 6.50 9,249.50 11.00 15,653.00 sidewalks including base courses, complete per square yard B P-155-8.2 Eight (8) inch lime 24,276 SY 2.00 48,552.00 3.50 84,966.00 3.50 84,966.00 stabilized subgrade, complete in place per square yard 9 P-155-8.2 Lime, complete in 524 TON 100.00 52,400.00 85.00 44,540.00 86.00 45,064.00 place per ton TARDLATION OF BIDS Page 2 of 3 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY. Angel R.eecobar, P.R., Director of Engineering Services DATes Wednesday, April 25, 2001 TINE OF COMPLETION3 365 Calendar Days ENGINEERS ESTIMATE, $1,901,500 CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL APRON IMPROVEMENTS - PHASE 2 PROJECT NO. 1072 W.B. Construction Ltd. P.O. Box 20517 Beaumont, TX 77720-0517 Haas -Anderson Construction Inc. P.O. Box 7692 Corpus Christi, TX 78467 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 10 P-209-5.1 Crushed aggregate base 17,308 SY 5.50 95,194.00 9.00 155,772.00 9.00 155,772.00 course, 6 -inch depth, complete in place per square yard 11 P-209-5.2 Crushed aggregate base 6,969 SY 12.00 83,628.00 15.00 104,535.00 17.00 118,473.00 course, 10 -inch depth, complete in place per square yard 12 P-401-8.1 Four (4) inch asphalt 1,516 TON 46.00 69,736.00 50.00 75,800.00 62.00 93,992.00 surface course, complete in place per ton 13 P-501-8.1 Fifteen (15) inch 13,652 SY 55.00 750,860.00 55.70 760,416.40 70.00 955,640.00 Portland cement concrete pavement, complete in place per square yard 14 P-501-8.2 Nine (9) inch Portland 3,656 SY 45.00 164,520.00 46.00 168,176.00 60.00 219,360.00 cement concrete pavement, complete in place per square yard 15 P-602-5.1 Bituminous prime coat, 12,138 GAL 1.50 18,207.00 1.75 21,241.50 1.90 23,062.20 complete in place per gallon 16 P-620-5.1 Runway and taxiway 5,424 SF 1.50 8,136.00 1.50 8,136.00 1.40 7,593.60 painting, complete in place per square foot 17 P-620-5.2 Black outline marking 1,680 SF 1.50 2,520.00 .50 840.00 1.40 2,352.00 complete in place per square foot 18 D-701-5.1 Eight (8) inch PVC 213 LF 9.50 2,023.50 34.00 7,242.00 15.00 3,195.00 pipe, complete place per linear foot TABULATION OF BIDS Page 3 of 3 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Iingel R.Escobar, P.B., Director of Engineering Services ENGINEER'S ESTIMATE, $1,981,500 nATB, Wednesday, April 15, 2001 TIME OF COMPLETION, 365 Calendar Days CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL APRON IMPROVEMENTS - PHASE 2 PROJECT NO. 1072 W.B. Construction Ltd. P.O. Box 20517 Beaumont, TX 77720-0517 Haas -Anderson Construction Inc. P.O. Boz 7692 Corpus Christi, TX 76467 Bay Ltd. P.O. Box 9906 Corpus Christi, TX 78469 DESCRIPTION QT1[. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 19 D-751-5.1 Drainage inlet, 1 EA 2,500.00 2,500.00 2,700.00 2,700.00 1,000.00 1,000.00 20 complete in place per each D-751-5.2 Hurricane tie -down in 6 EA 500.00 3,000.00 2,700.00 16,200.00 1,900.00 11,400.00 existing pavement, complete in 21 place per each D-751-5.3 Hurricane tie -down in 4 EA 150.00 600.00 675.00 2,700.00 720.00 2,880.00 proposed pavement, complete in 22 place per each 0-1000.1 Ozone day, complete per 5 EA 100.00 500.00 1,000.00 5,000.00 50.00 250.00 each TOTAL BASE BID,E •$1,513,531.50 $1,861,910.40 $1,111,662.80 -Error in extension, Item R7 -totals shown have been corrected. AGENDA MEMORANDUM DATE: September 11,2001 SUBJECT: Corpus Christi International Airport- Passenger Loading Bridges and Apron Lighting Project (1078) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $2,357,072.00 with Thyssen Stearns, Inc. of Fort Worth, Texas for the Corpus Christi Intemational Airport Passenger Loading Bridges and Apron Lighting Project (1078). ISSUE: New aircraft loading bridges ara required for the new Terminal Building to move passengers between the second level holdrooms and the aircraft. Apron lighting is necessary to support aircraft operations at night. FUNDING: Funding will be provided by the General Airport Revenue Bonds (GARBs), FAA Grant, and Passenger Facility Charges. RECOMMENDATION: Approval of the Motion as presented. Dave Hamrick Acting Aviation Director 'Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. ' Exhibit C. Exhibit D. Background Project Budget Location Map Bid Tab Summary H:\HOME\KEVINS\GEN~AIR\NEWTERM\LOADINGBRIDGES\BRIDGES.M.DOC ADDITIONAL BACKGROUND INFORMATION SUBJECT: Corpus Christi International Airport- Passenger Loading Bridges and Apron Lighting (Project No. 1078) BACKGROUND: The New Terminal Building is located on the footprint of the old Terminal, with an extension out onto the Apron. This design will minimize walking distances for passengers, and increase the efficiency of Terminal operations. Passenger loading will be accomplished through passenger loading bridges from the second floor level onto aircraft. The configuration of the New Terminal Building and Apron projects requires the relocation of Apron Lighting to support night aircraft operations. PROJECT DESCRIPTION: The project consists of providing passenger loading bridges (5) and apron lighting in conjunction with the new terminal construction. The passenger loading bridges will be manufactured and installed to move passengers from the second level holdrooms to the aircraft. Existing apron lighting will be refurbished and relocated, and a new apron light installed, to support night aircraft operations. The work includes demolition, concrete foundations, electrical lighting and wiring, and fabrication and installation of the passenger loading bridges. Bids: The project was bid as a base bid with three additive alternates. Two (2) bids were received and opened June 27, 2001. A passenger loading bridge is a highly specialized item fabricated only by three (3) U. S. companies. The total base bid with alternates were $2,357,072.00 and $2,413,909.00. See Exhibit D. Thyssen Stearns, Inc. of Fort Worth, Texas submitted the apparent Iow bid, which contained an irregularity on the bid proposal form. Thyssen Stearns proposal form added the base bid to each additive alternate when filling in the amount of each additive alternate. Thyssen Stearns submitted a letter confirming the irregularity and the amount bid for each additive alternate. It is recommended that the Council waive the irregularity, and accept the Thyssen Stearns bid pursuant Section A-4 of the Special Provisions and B-2-13 of the General Provisions as being in the best interest of the City. Additionally, additive alternate #2 was shown as $0 as it was included in the original base bid as cumulative total. FUNDING: Funding for the project is available from General Airport Revenue Bonds (GARBs), FAA Grant, and Passenger Facility Charges. FUTURE COUNCIL ACTIONS: None are anticipated for the project. Council will be requested to award any required change orders. BOARD COMMITTEE REVIEW: The motion to award the construction contract was reviewed and recommended by the Airport Board on July 25, 2001. EXHIBIT A Page 1 of 1 Project No. 1078 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS PASSENGER LOADING BRIDGES AND APRON LIGHTING CORPUS CHRISTI INTER/NATIONAL AIRPORT August 2001 2000-01 Capital Improvement Program Passenger Loading Bridges & Apron Lighting (Terminal Building Construction) ....... Funds Available (1) $2,546,833 Total Funds ................................................................................................................... $2,546,833 FUNDS AVAILABLE: GARB Series 2000A ...................................................................................................... FAA AlP Grant 3-48-0051-32-01 .................................................................................. Passenger Facility Charges (PFCs) ................................................................................ TOTAL .......................................................................................................................... Preliminary 2,319,729 204,393 22,711 $2,546,833 FUNDS REOUIRED: Total Construction Cost ................................................................................................. Contingency (5% of Construction) ................................................................................ Construction Inspection (3) ............................................................................................ Engineer (Gensler/URS Greiner) (4) ............................................................................. Project Manager (DMJM Aviation) (3) ......................................................................... Testing (QA) .................................................................................................................. Engineering Liaison and In-house Services ................................................................... Finance Reimbursements ............................................................................................... Printing, Advertising, FedEx, etc ................................................................................... TOTAL .......................................................................................................................... DIFFERENCE (1) Matching shares of AIP Grant identified in Passenger Facility Charges (2) Preliminary budget based on actual bids received (3) Contract executed and funds encumbered under Terminal Project (4) Contract executed and funds encumbered $2,357,072 117,860 0 20,000 0 5,000 10,650 31,950 4,300 $2,546,833 $0 Passenger Loading Bridges and Apron Lighting Corpus Christi International Air~ort EXHIBIT Page 1 of 1 N San Patricio County CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION l/lAP NOT TO SCALE Cc'SAR CHAVEZ BLVD. HWY 44, AGNES RD. AIRPORT ENTRANCE -- PUBLIC PARKING AIRPORT TERMINAL -- COMMERCIAL APRON -- TAX/WAYS -- RUNWAYS CITY PROJECT No. 1078 SITE LAYOUT NOT TO SCALE PASSENGER LOADING BRIDGES and APRON LIGHTING PROJECT Cl'r~' OF' CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT /~.~_~ DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 09-04.-2001 ~ TABULATION Of BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: "gel R.Escobar, P.H., Director of Engineering Services DATE: Wednesday, June 27, 2001 TIME OF COMPLETION: 365 Calendar Days ENGINEER'S ESTIMATE: $2,253,000 CCIA Passenger Loading Bridges and Thyssen Stearns Inc. FMC Airport Systems - Apron Lighting Jetway Project No. 1078 3201 N.Sylvania Ave. #1008 1805 West 2550 South Fort Worth, TX 76111 Ogden, UT 64401 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE To furnish all labor and 0.00 0.00 materials, tools, and necessary equipment, and to perform the work required for the project, at the locations set out by the plans and specs and in strict accordance with the contract documents. TOTAL LUMP SUN BID. $2,315,671.00 $2,353,094.00 0.00 0.00 ADDITIVE ALTERNATE IM.I: •$27,697.00 $16,133.00 0.00 0.00 ADDITIVE ALTERNATE NO 2: •$0.00 $36,866.00 0.00 0.00 ADDITIVE ALTERNATE NO.3: '$13,704.00 $7,816.00 0.00 0.00 TOTAL BASE BID t ADD. ALT. 1. $2,357,072.00 $2,413,909.00 2. 6 3 -Original Bid Proposal lista additive alternate prices as cumuiative totais, inaiviauai amounts as per ciariticacuw: letter from Contractor dated 6/29/01. Cm CD CD s ,Cr 0 ;v 8 I r CITY COUNCIL AGENDA MEMORANDUM September 11,2001 AGENDA ITEM: 1. Recommend Resolution authorizing the City Manager, or designee, to execute a Mutual Aid and Fire Fighting agreement between Navel Air Station Corpus Christi and Corpus Christi International Airport, Corpus Christi, Texas. ISSUE: Corpus Christi International Airport (CClA) and the Navel Air Station (NAS), Corpus Christi, utilize the same or similar type offire fighting equipment and trucks. These vehicles are especially designed for aircraft rescue and fire fighting (ARFF) operations and are different than what is used by the Corpus Christi Fire Department (CCFD). CCiA and NAS have developed a Mutual Aid and Firefighting Assistance Agreement that would benefit CCIA during large-scale aircraft emergencies and during times when vehicles are inoperative. FUNDING: This agreement is at no cost to CCIA. RECOMMENDATION: On June 10, 2001 the Airport Board recommended approval of the Resolution as presented. Dave Hamrick Acting Director of Aviation ADDITIONAL SUPPORT MATERIAL Copy of the proposed agreement MUTUAL AID FIRE FIGHTING ASSISTANCE AGREEMENT NAVAL AIR STATION CORPUS CHRISTI & CORPUS CHRISTI INTERNATIONAL AIRPORT THIS AGREEMENT, made and entered into by and between the City of Corpus Christi International Airport and the Commanding Officer, Naval Air Station, Corpus Christi, Texas. WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fire and provision of emergency medical services within its own area, and WHEREAS, the parties hereto desire to augment the fire protection/emergency medical services available in their respective areas, and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire/medical emergency is deemed feasible, and WHEREAS, it is the policy of the Navy Department and the Corpus Christi International Airport to conclude such agreements, and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this agreement to render assistance to one another per these terms; THEREFORE BE IT AGREED THAT: 1. The rendering of assistance under the terms of this agreement shall be accomplished in accordance with detailed plans and procedures of operation drawn and agreed to by the technical heads of the Fire Departments involved. 2. Whenever it is deemed advisable by the senior officer of a fire department belonging to a part), to this agreement, or by the senior officer of such fire department actually present at a fire or emergency medical incident, to request fire fighting/emergency medical assistance under the terms of this agreement, he/she is authorized to do so, and the senior officer on duty of the fire department r~ceiving the request shall forthwith take the following action: a. Immediately determine if the requested apparatus and personnel are available to respond to the call. b. Per the terms &this agreement, forthwith dispatch such apparatus and p~rsonnel as in the judgment of the senior officer receiving the call should be sent, with instruction as to their mission. 3. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance shall immediately inform the requesting service if assistance cannot be rendered. 4. The parties hereto waive all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the pertbrmance of this agreement. 5. All services performed tinder this agreement shall be rendered without reimbursement of either party or parties, except that the Corpus Christi International Airport shall be entitled to seek reimbursement pursuant to action 11 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2210) and Federal regulations issued thereunder (Title 44 of the Code of Federal Regulations 151) for all or any part of direct expenses and losses (additional fire fighting cost over and above normal operating costs) incurred in fighting fire on property under the jurisdiction of the United States. 6. The senior officer of the fire department of the requesting service shall assume full charge of the operations. However, under procedures agreed to by the technical heads of the fire departments involved, a senior officer of the department furnishing the assistance may assume responsibility for the coordination of the overall operation. 7. The various officers and personnet of the department of the parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security, requirements and, as feasible, to jointly conduct pre-fire planning inspections, drills and training. 8. This agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party with sixty (60) days notice of said cancellation. IN WITNESS WHEREOF, the parties hereto have executed this agreement at Naval Air Station, Corpus Christi, Texas on the day and year first below written. Executed in presence of: David R. Garcia N~/Fire Chief R. L. MARCANTONIO Captain, USN, Commanding Officer Naval Air Station, Corpus Christi, Texas Date RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MUTUAL AID FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN NAVAL AIR STATION CORPUS CHRISTI AND CORPUS CHRISTI INTERNATIONAL AIRPORT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Mutual Aid Fire Fighting Assistance Agreement between Naval Air Station Corpus Christi and Corpus Christi International Airport, Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ day of ~gf ~-/~ James R. Bray, Jr. City Atto~eyd ~'o}{n U. Burke, ~-r. ~sistant City Attorney Samuel L. Neal, Jr. Mayor ,2001. 9 AGENDA MEMORANDUM AGENDAITEM: September 11, 2001 Motion authorizing the City Manager or his designee to execute a contract with MMC Enterprise Risk Consulting, Inc. in the estimated amount of $52,550 to perform an actuarial study on the Self- Insurance Fund. ISSUE: The City has historically utilized the services of an actuary to review the health insurance program and a second actuary to review the workers' compensation and general/auto liability programs. This year, these services were consolidated into one Request for Proposal. City Staff reviewed the two proposals received and determined that the finn to provide the most advantageous actuary review is MMC Enterprise Risk. City staff is recommending MMC Enterprise Risk to perform the City's actuarial review. REQUIRED COUNCIL ACTION: Approval of a motion authorizing the City Manager or his designee to execute a contract with MMC Enterprise Risk Consulting, Inc. in the estimated amount of $52,550 to perform an actuarial study on the Self-insurance Fund. RECOMMENDATION: Approval of the motion. ~Dorge G. Cruz-Aedo irector of Financial Services Attachments Background Information Contract Summary Exhibit 1 - Estimated Projected Cost Exhibit 2 - Estimated Out-of-pocket Costs BACKGROUND INFORMATION The City began using a health insurance actuary after our external auditors recommended that the City establish actuarial based health rates. The City informally solicited request for this service and selected an actuary from Houston. The City has also used an actuarial services firm for worker compensation and general/auto liability programs. These two contracts have been managed separately by Risk Management. In order to consolidate these multiple contracts for actuarial services and improve the administration and the scope of services of the actuary, the City combined these Risk Management programs into one actuarial RFP on July 20, 2001. A notice asking interested parties to request information was published in the Corpus Christi Caller- Times on July 21 and July 28, 2001. RFP's were mailed to 11 firms (one local) with responses due on August 10, 2001. Two out-of-town responses were received. The proposals were evaluated by a group of City staff members and determined to be valid proposals and worthy of further negotiation. Those negotiations have resulted in the agreement that is being recommended for approval. Staffis recommending MMC Enterprise Risk because this proposal is most advantageous to the City. The study will consist of determining the City's coverage liability per coverage, establishing appropriate reserve levels, conducting cash-flow analysis, projecting future losses and presenting the findings. The optional services of analyzing retention levels and analysis of twenty claims and lawsuits will also be included. Contract Summary Contractor: MMC Enterprise Risk Consulting Inc. Services to be provided: Actuarial services of the City's Self-lnsured Health Progran~ and the City's Self-Insurance activities within the Liability and Employee Benefits Fund including, but not limited to, Workers' Compensation Liability, General Liability, Property Liability, Automobile Liability, Employment Liability, and Law Enforcement Liability. Scope of Services: Consultant must perform the services in accordance with Consultant's proposal and the City's Request of Liability Claims Review Update Letter. The parties agree performance of the work will commence upon authorization to proceed by the City Contract Administrator, who is the Director of Financial Services, Jorge Cruz-Aedo. Fees and Expenses: The total price for services performed will not exceed $49,950 and estimated out of pocket expenses not to exceed $2,600 for an estimated total of $52,550 contract price as itemized in Exhibit 1 & 2. Termination: The City may, at any time, with or without cause, terminate this Contract immediately upon written notice to the Consultant. EXHIBIT 1 MMC ENTERPRISE RISK 8.0 - Estimated Project Costs Mr. Jorge Cruz-Aedo - City of Co~us Christi August 9. 2001- Page 14 The actuarial and clams studies described in this proposal will be completed within a total budget of $49,950 according to the schedule of hourly rams below: Proposed Rate for Corpus Christi Hourly Rate Hours Total Ted Zubulake $400 8 $3200 Scott Lefkowitz $350 10 $3,500 Jennifer Tomquist $275 25 $6,875 Michael Kuntz $150 60 $9,000 Total Actuarial Study $19,375 Vince Allen $250 60 $15,000 Total Claims Study $15,000 Kurt Giesa $375 Van Jones $375 Tammy Tomczyk $200 Total Health Insurance Study 15 $5,625 2 $ 750 30 $6,000 $12,375 Total Project Cost S49~so Our regular hourly rates cover all of our costs, including direct expenses such aa computer costs, as well as salaries and overhead. Out of pocket expenses (e.g., uavet) are reimbursed separately, on a dollar for dollar basis. The estimated coats above assume that data ~lUested will be delivered in good order. Should -data be delivered that is incorrect, or incomplete thc cost of additional work performed by I~,C to identify and/or correct thc situation will bc charged at the reduced hourly rates listed above. Should thc Risk Management Division request additional services, those needs will be accommodated at the hourly rotes listed above. EXHIBIT 2 MMC ENTERPRISE RISK MMC Enterprise Risk Consulting, Inc. Two World Tra~e CIMM - ~h Floor Facsimile Date & Time: Attention: Company: Fax: 08/20/2001 1:09 PM Norma Lopez Corpus Chdsti, Texas (361) 880. 3697 From: Ted Zubulake Telephone: (212) 345 - 7442 Fax: (212) 345 - 3968 Total Pages: I Nol'ma: You had asked for an estimate of our out-of-pocket costs related to our proposal dated August 9, 2001. The only out-of-pocket expenses we expect to incur are those associated with the claim audit and review, which we expect will be approximately $1,050: Round trip air travel from Phoenix to Corpus Christi $450.00 Four nights stay at Holiday Inn $40000 Miscellaneous expenses (tax/s, food, etc.) $200.00 We do not anticipate the need to present our findings in person, but should you want us to do so, our out-of-pocket costs (excluding time charges) ~vould be approximately $1,550: Round ~p air travel from Phoenix to Corpus Christi $450.00 Round trip air travel from New York to Corpus Christi $1,000.00 Miscellaneous expenses $100.00 Please let me know if you need additional information. Ted Zubulake [ 10 ...... AGENDA MEMORANDUM DATE: August 31,2001 SUBJECT: Renovation and Development of Existing Parks Labonte Park Oak Park Surfside Park West Guth Park (Bond Issue Project No. B6) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Camrett Corporation in the amount of $280,517.31 for the Renovation and Development of the following Existing Parks: Labonte Park Oak Park Surfside Park West Guth Park (Bond Issue Project No. B6). ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 2 Park and Recreation and Museum Improvements. A consultant contract has been executed with Bright + Dykemas Architects, Inc. to complete the design phase, bid phase, and construction phase. ^ construction contract is required to complete the construction phase; and requires City Council approval. FUNDING: Funds for this project are available in the FY 2000-2001 Park and Recreation Capital Improvements Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Marco A. Cisneros, Director of Parks and Recreation ~gF-'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit "D" Location Map H:~HOME~VELMAR~GE N~PAR K&REC'G214\CO N STRU CTIO NAG EN DA~AG EN DAM EMO AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Renovation and Developmem of Existing Parks Labonte Park Oak Park Surfside Park West Guth Park (Bond Issue Project No. B6) PRIOR COUNCIL ACTION: 1. August 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget (Ordinance No. 024162). 2. November 14, 2000 - Ordinance canvassing returns 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). 3. January 30, 2001 - Motion authorizing the City Manager, or his designee, to execute an architectural services contract in the amount of $50,010 with Bright + Dykemas Architects, Inc. for the Renovation and Development of the following Existing Parks: · Labonte Park · Oak Park · Surfside Park · West Guth Park (Motion No. 2001-030). 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. 4. 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 amhitectural and engineering firms. 5. June 28, 2001 - Amendment No. 1 to Architectural Services Contract with Bright + Dykemas Architects, Inc. in the amount of $5,600, for a total re-stated fee not to exceed $55,610. H:\HOM~VELMARIGE~PARK&REC~214~ONSTRUCTIONAGENDA~GENOABACKGROUND EXHIBIT "A" Page 1 of 3 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. Proposition No. 2 Parks and Recreation and Museum Improvements includes improvements to renovate and develop existing parks city-wide. This project proposes to provide for improved ADA compliance, safety enhancements and replacement of deteriorated park equipment. In most instances this will include playgrounds, picnic units, walkways, and lighting for the parks. PROJECT DESCRIPTION: The project improvements consist of the following: 1. Labonte Park · Mobilization/demobilization · Site preparation and demolition of existing equipment · Picnic table, bar-b-que pit, detached trash with foundation Parking lot improvements · Concrete trail improvements · Covered shelter with foundation · Parking lot striping · Concrete masonry retaining wall and foundation · Precast concrete sign, flag poles, flags, and foundation · Electrical and landscaping improvements Oak Park · Mobilization/demobilization · Site preparation and demolition of existing equipment · Picnic table, bar-b-que pit, detached trash with foundation · Concrete trail improvements · Parking lot stdping · Play structure with mulch and curb · Handicap improvements Surfside Park · Mobilization/demobilization · Site preparation and demolition of existing equipment · Parking lot improvements H :',HOME~VE LMAR~G EN\PARK&REC'G214~CONSTRUCTIO NAGEN DA'~,G E N DABACKG RO U N D EXHIBIT "A"1 Page2of3 II · Concrete trail improvements · Parking lot striping · Play structure with mulch and curb 4. West Guth Park Mobilization/demobilization Site preparation and demolition of existing equipment Picnic table, bar-b-que pit, detached trash with foundation Concrete trail improvements Parking lot striping Play structure with mulch and curb Demolition of existing pedestrian bridge, foundation and concrete walks New pedestrian bridge and foundation BID INFORMATION: The project consists of a Base Bid and six (6) Additive Alternates. The City received proposals from eight (8) bidders on August 22, 2001. See Exhibit "C". The bids ranged from $280,517.31 to $399,410. The bid proposal submitted by MCC Construction is considered non-responsive because they did not correctly identify the project name on their bid bond. The Engineer's estimated construction cost for the project is $341,734.65. The City's consultant, Bright + Dykemas Architects, Inc., and City staff recommend that based on Iow bid and past satisfactory experience, the Base Bid be awarded in the amount of $280,517.31 to Camrett Corporation of Corpus Christi, Texas for the renovation and development of existing parks at Labonte Park, Oak Park, Surfside Park, and West Guth Park. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by the end of April, 2002. FUNDING: Funds for this project are available in the FY 2000-01 Park & Recreation Capital Improvement Budget. H:\H OM E~VE LMA R\G EI~PAR K& REC~3214\C ONSTRU CTIO NAG EN DA"AG E N DABAC KGROUN D EXHIBIT "A" Page 3 of 3 PROJECT BUDGET RENOVATION/DEVELOPMENT Of EXISTING PARKS LABONTE PARK (Project No. 3214) OAK PARK (Project No. 3215) SURFSIDE PARK (Project No. 3216) WEST GUTH PARK (Project No. 3217) August 31, 2001 FUNDS AVAILABLE: Parks and Recreation: Labonte Park ................................................................................. $100,000.00 Oak Park ....................................................................................... 100,000.00 Surfside Park ................................................................................. 100,000.00 West Guth Park .............................................................................. 200,000.00 Total ............................................................................................. $500,000.00 FUNDS REQUIRED: Construction (Camrett Corporation): Labonte Park ............................................................... $88,862.14 Oak Park ..................................................................... 46,748.48 Sun<side Park ............................................................... 48,205.05 West Guth Park ............................................................ 96,701.64 Construction Subtotal ........................................................................ $280,517.31 Contingencies (10%) ........................................................................ 28,051.73 Consultant (Bright + Dykemas Architects, Inc.) ....................................... 55,610.00 Bond Issuance Expense (1%) ............................................................ 5,000.00 Administrative Reimbursements (1%) ................................................... 5,000.00 Art in Public Places (1 1/4%) ............................................................... 4,690.00 Engineering Reimbursements ............................................................... 13,800.00 Testing .......................................................................................... 7,500.00 Printing, Advertising, etc ...................................................................... 1,500.00 Total ............................................................................................. $401,669.04 3214\BUDGET-CONSTR EXHIBIT "B" Page 1 of 1 Tabourer! by: Angel R- Escobar, P. E:.. Dlrenor of E'llmo "ll Service N Hi Rill Park, Oak Pant SurBide prof, Nest Guth Park umplcic In place per Loop Sum ac Teparatinn/Dcon. filling Equiplrxnl omplem m place per Lump Sum ,core Table, BBQ fill Ixmched lash /Pumldnlinn ...spiel 1n pl:a:c p.r k.arh ':n Ung I ul Inlpmvcmm�t. 'nnlplam ur place pr Syuare Pard 'oncetc Trial Imprmemenls -mnplele m place per S,p m , S'md 'osced Sbelmr u/l oundamm mnpkle in place per Each 'zding 1 in Slnping 'omplcm in plau par concur Fool 'umpicte in place per Lump Sum ire PrepandiuNUcmn ISailing Equipment ,mmletc in Place per Lump Sum is Tahlc, ltOO I'll. IXlachcd fn:h ,0 innWmiun mnplcm in place per Each .norm Ted Inrprmemenu omplcle in place per Square Ymrd 'arGng 1 act Striping ample, in place per Linemr part 'lay Structure Type A'n/Mulch and Culls :omplele In place per Each landicap lmpro'colcnti -onipletc In place pr Lump Sum UI S f 2262 S 86.24 f 3,49000 S 1.50 f }29g00 f 7960.00 S 1.1251111 $111416211• $11,29744• I10.47000• $592.50• S 61,]82.11 S 729400 f 7,960,00 516.875110• E 2ooll f 32011 S 4,1100011 f 0611 S 4.80000 S 3,000 00 $ 17, in) S 9.2118110 f 4, 192 I 12.0010 IN) $ 23700 Pmgc I of 8 I ebulation of Bids I 17.976611 S 4]6447 f 1632558 S 489.80 S 211311 $ 2481 S 3.49525 S 2.13 f 2.367.75 $ 6.201 25 S 2,167 75 S9, 1195111• 51,2511.11• S 1048575 841 35• S 68000,46 E 2,367 71 S 6,201 25 f 355 16 25 Leparlmcnt of Engineering - City of Corpus Christi, Team $1217'18711• S16,79'144' f 17401100 $959.85• S 85,477,67 S 100000 E 18,30) 00 f 29928 55 f 57.189.00 S 4,80000 I 3,00000 f 25.500 IN) f 68595.34 $ 858.17 S 8,785 93 S 26,M0 W I 7776 $ 1.50 $ 1'19900 S 80000 $7,620.48• Na f 10,199.00 f 800.00 S 32,00 S 2.00 S 13,9110.00 S 5,560.00 S 3,13600 S 8000 $ 13,900.00 S 5,560.00 I:ngincers' laimae. $341,734 65 Time of Co-PlI11--: 1811/Cdendar Days S 24.81 $ 2.13 S 16,912.50 $ 563.75 f S S2,43138• S8520• 16912.50 563.75 S S E S 64.28 243 15.000 00 7,50000 S6.211944- S9720- $ 15,00000 f 7.5w W Souther. Cr nfncfivg, Inc. Elite Covstructiov Co. ;mmreft Carpwdiop S. -C. Corporatism n.71771 Zmmermau Cowlructio. 1836 Holly, 8108 521 81cBdde SII] Pressler •MB 2115, 3636 Alameda P.O. corpus Christi Ta 78417 for mfhrisli. Ta ]8711 "or mChristi Ta 78111 Cor wfhdsli Ta 78167 Amouvl 11n�t P�i«n61i Amoum� Unit Pro, Amount Inil price Amount llnlf Price Amoral Unit Price f 1,122.17 f 5,867.00 f 5,663.00 S 1,000 00 f 1,000 .00 S 7,63500 I 7.63500 f 4,800110 I 4,800.00 f 1,12247 L52J 22 I 2,52422 S 1073 75 S 107.71 S 2520 011 S 2_.520 In $ 93102 011 $ gIN12 (111 S 296111111 S 297111111 S I 191345 f 25,39530 S 2.36775 f 37.148.511 S 1928.57 526.99998• $ 1, 170 UU f16.J80.00• f 170000 f 278011 q1 f 2262 S 86.24 f 3,49000 S 1.50 f }29g00 f 7960.00 S 1.1251111 $111416211• $11,29744• I10.47000• $592.50• S 61,]82.11 S 729400 f 7,960,00 516.875110• E 2ooll f 32011 S 4,1100011 f 0611 S 4.80000 S 3,000 00 $ 17, in) S 9.2118110 f 4, 192 I 12.0010 IN) $ 23700 I f $ S $ S S 1976 3637 544186 1.24 858.17 8,78593 1,73606 I 17.976611 S 4]6447 f 1632558 S 489.80 S 211311 $ 2481 S 3.49525 S 2.13 f 2.367.75 $ 6.201 25 S 2,167 75 S9, 1195111• 51,2511.11• S 1048575 841 35• S 68000,46 E 2,367 71 S 6,201 25 f 355 16 25 E S S f S S S .1111.1 128.24 580000 243 1,000.00 18,300 W 1 429 57 $1217'18711• S16,79'144' f 17401100 $959.85• S 85,477,67 S 100000 E 18,30) 00 f 29928 55 f 57.189.00 S 4,80000 I 3,00000 f 25.500 IN) f 68595.34 $ 858.17 S 8,785 93 S 26,M0 W I 7776 $ 1.50 $ 1'19900 S 80000 $7,620.48• Na f 10,199.00 f 800.00 S 32,00 S 2.00 S 13,9110.00 S 5,560.00 S 3,13600 S 8000 $ 13,900.00 S 5,560.00 f f f S 37.78 1199 16.749.78 3,911 75 $ 3,70244 $ 3991 S 16,749.38 S 3,91175 S 24.81 $ 2.13 S 16,912.50 $ 563.75 f S S2,43138• S8520• 16912.50 563.75 S S E S 64.28 243 15.000 00 7,50000 S6.211944- S9720- $ 15,00000 f 7.5w W Page 2 or 8 ad I Udt IS Unit Price f 5,99400 Antonio! f 5.8%00 Fruit Price f 420.0 Ami S 4.20000 Fruit Price S 858.17 Amouat S 858.13 Unit Prim 5 7.946.25 Amount T 7.946.25 Unit Price S 1000.00 Amount f 1000.00 Item Dtaeri Ifou C -I Mobilivtil-mrbilontion C'or ldc in Place per Loop Sum 9,027 1X1 5 2,10000 S 2,100 .0 S 2290.55 S 2290.55 I 5,86700 S 5.863 00 S L'0000 S 420000 (' -2 %'Irpeparul ion/ftemn I..'Iing 1..quipmem ILS S 902]1X1 f Complde In place pa. Lump Sum 8 S 14,02011 I 1193 f 22,66524 S 243.0 $13,161 40- I 43 0,1 I 2..0 72 66 85Y f 2191 111.675 .88' S 310 C-3 Parking Lut lmprorcmmb ' Complde in place per Square Sud 32O f 2,848 00 1 3637 f 3,23693 f 2481 1211)8 O• T 12921 511499.69• 69 SY S 85.57 f],612.17• S C-4 Concrete Trial lmprovcoenls C'omplace per Square Pard pleain T 099 S 49500 1 2.13 f1 oM15nd I 247 $ I,. 11 Oil - SW LF f L 50 f75' 0 O S 0.50 I 2500 C'-5 Parking l or Suiping' C'omplele in place per Linear Foot912.50 S 13,900 00 I 13.900011 S 16,9619) f 16,96193 f 16, $ 16912.50 f 157X10.00 S 15,00000 C'-6 flay SlrULWlc l ype W wlMulch and Curb I FA f 10,2861p $ 10,28600 l'omplde in place per Each f 37726.0 5 46 507.79 5 43,55524 5 61,665,41 Subtotal S 49,205.05 f SJNXI(a) S 500(11X1 T $5813 $ $5A 11 1 2XIR.75 f 2X18.7.5 S 17X9) IXI I I'DOO 00 IIS S 1,616110 f 4,60601 I)-1 MIIFIII/YIIInYfk'IInIFIII/Ylnnl Complcic in place per Lump Sum f 1,500.0 I 1,50000 5 1]22.86 1 1,722.86 5 ).946.25 S 3.976.25 S 6,000.0 f 6,011. On D-2 Site PreparatioWDerm• Existing Equipment IIS f 9,281.00 f 9,28100 C'on.plde in Place per Lump Sum734 f 1,700.0 f 77,40000 f I, 74 T 38,164.28 f 2,767.75 5 52.090.50 I 1928.57 5 4242854 U-3 Picnic 'I ahle, 11110 Fill, Winched Trash 2211,0 $ 1,333 00 529,3260' W]correlation (binplde in Place per Each 3200 S 3,5847X) S 36 37 54,07344• I 238'1 52,68 68' f 95.89 I(1, h 112 SV S 072 1106118.64• f U -J ('I ante trail lmpmvcmcros l'on.pletc in place per Square Vold 1 3500(1 T 1199 I 79500 I 217 $1,0651X)• S 271 5 111511 SIXI LF f 1.543 f750 O' $ 050 D-5 s Parking Lot loping C'umpinle in place per linear Foal96193 13.900 OF f 17.9110. 00 S 16, f 16,96193 S 16.912.50 $ 1691250 S 15,00000 $ 150N 00 D-6 Fla, Slmeture Type'A- wlMulch and Curb 1 FA I 10.261430 T 143,28].0 1 Compine in place per Each f 401gO 5 4.011110 On $ 2042.52 S 2092.52 S 6.]65.0 f F.76500 S 12000 I 12000 l)-7 ItemoCxisOng Pcdasolan Ridge. Foundation I L5 $ ),011.0 f 7.000.00 and c..ncmm .,,IL, ( au'lel in place rya Loop Sum 28.8{1011 S 2.56X1 far I 25001/011 5 36!)1488 $ 76914.88 S 33,825.00 S 31,821 1) S 24,000 (10 S 111 II -8 New Fedusluan ll.idge and Fnmul:ahm I IS f 29 943 S 1'mpldcin plan per Lump Sum u 5 %.(•3400 S 101,2fll.% 5 130,0A.6fl S 112781.22 Submbl 5 %,70L64 $ 2.500 m1 S 2501) (w) $ 13202 S 13202 $ 1.353 OU f I'M DO $ SW 0r f 50.1X1 1:-1 Mo6ihea0oi✓Ihmuhih/arion IIS We We CmnplcIc in place per Lump Sum f ]2743.0 $ 1,43000 $ 10000 I 12,967 OF S 1296].00 I 2.4811.50 S 240.143 I 1000 S U 0 Or li-2 Sue Pmplaalow1temo 1!xisling Equipment I IS Complcic in place per Lump Sum S ],0500 S 19,111X10 f 1900.0(1 f 14281 92 S 14181 92 $ 8X0) 75 t S.BOl IS f 3.200 S 3.2(10.00 F-3 ('..once Mmo i, Retaining 19.11 I IS and Foundation Complete in place Per Lump Sum 19.700 00 f 19.]0.0 f 18,707 23 S 18.71172) f 10378.75 f 143.0875 S 212064311 S 2],211611 1-J FrccaslC'oncree Sign. I lagpulcs. Flags. and I I f 76110.00 T Ionnda0on C....plca in Placc per Lump Sun. S 100000 1 200000 S 147598 1 147598 f 3382.51) 1 3,382.511 S 37X111.61 f 001) 00 I I'S S 2,00000 P.5 :1"lical Can.Plcle in piece per Lulllp SinnU4m00 1 Four (11) f J.'N1Ili $ L'XI IK I 6!610 Sn I I.!NII)tn I i1d1111N1 S P4. 9Ln Imldx.gnng IIS I J.?IXI IMI f illlllllp �Z�Z 4 1'umple.c in place Pa Lump Sum SuMotal S 24,080.0 S 77200.011 f 51.X8.20 5 11359.1X1 S 39-406.00 inn 5 2811.517.3I 5 2ARJ25.IN1 S 72,0725.79 S 324,114116 8 375,15 .J4 143151. N1SF: NlIIA-F I Page 3 of 8 m aeon uoa difive Allermattl- Part A (Laboaam Park) W f 130000 f 1,3000 f 56169 $ 567.69 f 135300 S 4.6808 f 46808 d. Alt Sim Prc amtionlOctmr Fxi9in C i nem p _ g 4u M IIS f 1.226 26045.25 S 2.000.011 f 22. 01, { Compmlein place per Lump Sum couched S 1,2868 $14,1468 S L7W8 S 19.700W S 174927 T 19,24197 $ 2,767.75 f d. Alt Picnic Table, BOQer LicTrash 11 EA I vl/Foundation C'omplem in place per Each S 20000,00 $ 19,809.66 I 27,398.25 S 26,680.81 Subtotal s 15372.8 ditive Alternate 2- Pari U(West Guth Parkl2,818.75 4,64600 S 1,500.00 $ 1$h0110 f IJ?02 f Il?U2 $ $ 5,000 00 f 5.000 09 d. Alt Sim PrepamiaNUerno Existing Equipment IIS I 4,646.0 S I Cmnpmm in place per Lump Sum 57,780.21• S 33.00 $ 2.871.8 T 76.77 S 3,164.19 f 23.89 52,07843' S 108 S 870000 i. All Camilla Improvements 87 SY f 84.87 f 42.fi1950 f ?01X100 f 760 1 0 Compine In place per Square Yard $23.5801X1• f L7W.00 S 311,600.00 S 174?6fi f 71.367.88 5 2.367]5 J. AII. picnic'I able. Illy) Pit, IkuclwW Trash 18 AS 1,310.0 I u/Foundation Compine in place per Each S 34,971.8 $ 34,664.09 S 47,516.68 S 49,18.00 Subtotal S 35,68.21 Olive Alternate 3 - Pori ( ISurhide Pl rkl S 28000 $ I3202 f Ili 02 f 2.93 L50 f ?971.50 S 4188S -Illi ILS T 11791.0 S 11791.110 d All Sit. Prcpmmun , Complete to place per Lump So -2452 $ 168011 I 81 T 1,267 44 f 67.65 S 1.62360 S 1011110 T 2,41)(100 1iA $ IW 00 $ 248011 f 32,04) d All. 1'ancrcm Mull Slaps T 27.986.68 S 23.28 f)S,bllb tl• E 43 of f h5.8 4 24 1 nplem in place pat Each Cm 1 1202 $18,402 .62• f 0 00 S ) 19,88 $18.28• O Alt Asphalt Paving 15315Y 2. U 52.343 N. S 243 f 2,673 1 I Complcicin place per Square Yard 1.50 I 1,6508 T 040 f 44000 f 099 S . 10898 T d Alt Ill Lot SOipmg 118 LF $ S -34,243.62 S 23,111.8 $ 30,475.11 S 42339.78 S ]5,16].24 0 complcm in place per Linear Fool sabmlal d{livt Alternate 4 - Part 9I W ast Gwb Park) 12.865011 f IAWW f 1,411UD0 f 132 02 f 112112 f 2,81875 f 2.81875 S JOINtW S U1J 11 d. Alt Siic Yrcparmion t'ompkic in place pet p Sum ILS f 12,865.8 5 f LIRR INI f 3637 $ 1.309.72 f 23 R9 $86018• S Io2110 $ Main On 12 36 SV f 40.16 51445.76• S 33011 J. AII. t'uncmm trail bnprovcnsalm eonmlrm in place par Square Yard 0.40.1X1 f 16.]49)8 $ 16.749.38 f 16912.50 f 16,912 50 S 15.000 .8 T 15,00(100 13 I'Ia5 5uudsce TYpe "A' w/Mulch and Curb I EA S 10,288 8 I IU.28B 011 I 13.900 .8 f d. Alt 14 t'omplt in place per Each 24399.76 S 16,488.00 S 18.190.72 S 20391.29 S 21,68 .8 Submul 5 (ditive Alternate 5 - Part A Il.abonie Park) T 12.8658 $ 2,80.00 f 2011000 f 3,755 97 S ),7559] 700 $ 665 T 3.000 00 f 300. 1 Id. All. Sim Prepvuion 10 C'nmplem in place per lump Sum 115 f 12.86500 S 86800 $ 660 S4W20• f 16.26 $1.008 12- T 10110 64 621.E $ 2332 $1445.84' S 1400 Id. All. 6"Ilcadcr Lull I I complcm in place per Linear Foot S 198 S 38,3808 f1980• S 39.9968 S 17.53 S 27,]3060 S 43.04 f 86.940811 2020SY $ 14.84 $29,976.80• Id. Alt Asphalt Paving f 41,240.011 S 14,161.17 S 15,10772 S 90,5611.80 12 Complete in place per Square Yard 1uMobl S 14.28].64 Q 1-., 4 or 9 Item Dettri Qunti lldl Reit Price Amoeet Ildt Prite Amoeel Amwm Reit Price Amoral Unit P,7—TA mouot Additive Allervem 6 - hrt A (l�boem PerOl Add All Sim PrcParaliaNDemn liaisling E9uipment IIS 1 4000.00 f 4.000 W T 2.000.00 S 2.000.00 r$2 1 132.02 f 1,127.50 f 1.12].50 1 3,000.00AU Complcic in place pm Lump SumAdd. Alt. Covemd Sin pl.cer ffuunllmiunf 10,29400 5113,124.00• 1 4,000.00 1 44000.00 T 59,80046 5 3,49635 S 78447.75 f 6,WU.WIs S 66,000.00A-14 Complete in place per EtchSubmttl 5 117,124.00 5 4&000.00559,997.1d• 5 39,575.25 6, 1111:41. BASE BID +ADD. AIT. 14 5 551,749.9 5 470,143.00 S 535,619.75 S 541,9I6dJ + 'G I '-" H Page 5 of 8 Mineola a.oar5. 5. u., u,.. Boc 181079 0oa0MxdaPurtm of Linton, Park, P.O. Draxer E P.O. Boa 8353 Kiva, M1rk Oar Oak Pk Sarfulde Park Wert Gmb PurY Cornet Chdti ,.'Ih 79469 (' D (81111 78468 Cort, ('Wall 1 C'ompjet e in per Lump Sum S 1400.00 f 3400 U0 I 8,475 00 f 84]5 OU place I L5 S 5.561W f 556100 2 Site PreparatiodDcmn Existing Equipment Complete in place per lump Sum $ 30,19842 S 2,015.00 I 2821000 f 1852.79 $2593906• g Picnic l able, l3DQ ph, lkiached trash 14 LA S 2,15703 ./Pnunda0un (lanpkle in place q'r Exch IA110 4 828000 1 47L4700S 21.62000 I 16 1111 S7,4111.4 11 4 Parking l m lmpm,,nauals 460 SY I C mnpleie in Place per Square Yard 4,19450 S J5 W f 4,58500 $ 6I (I) 58000.1 IJI SY S 31.50 $ A Cnmem U.1 I.qu.I.cnis 'o ('anplde is place par Sgnxrr l"ard S 16.524(A) S 6.1 Do(K) 1 18.708)1X1 S 2.71167 58,13501' 6 t'u'ne] Shchcr xlluundnliun Pd• S 5,5118 oil C'unlplele in place per S:rrh 275 S 108625 S I.BO $ 71100 $ 131 $51745• 39t LE $ 7 Parking Ln1 Sniping ('onlplcic in place per IAnr r Funi S 79,226.00 S 62,198.09 S 73,671.17 Subldal $ 8,678011 f 8678011 S 2,40() (a) f 240000 S 2,487 IRI $ 248700 Mninoaml allknwbillammn I IS C'mnpinc in place per Lump Sum 8,50700 S 8.50700 T ]000.00 f 7,000.00 S 7.160.00 S 7,160.00 2 Sim PmparariWm.. Existing Equipment ILS T (ilnapl,W in Place 111 --P Sum S 2,156.11) S ]2.14150 S 2,1115 110 S ]0.22500 S 1,852 74 $27.791 . to - 3 1'iauc fable, nDQ l'h. Iklached Trail IS FA w Pomldaliul ( oulpicicin place per Exeb 3150 S 308700 S 3500 S 3,411) (H) S 5511 $5400.78- 4 ('oncmtc Jr..] lmpruvemcros 9A SY $ Conrp,,in P1., per Square S'arJ S 220X1 S 1300 S 5211oil I 130 $ 52191 A Park g ul Sniping 1111p $ 5.51) Cmnplcic in place per Linear SWI f 21.64071 f 27.640.71 f 20]001x1 S 211.7(111011 S IL46111111 S 144M10 00 -6 I' la) Sinuous I y,; W x/Mulch and Curb Ib :A C'umpiele in place Per Eaeq f 2.500 00 $ 2.50000 f 2.200.00 5 2.200.00 $ 3.250.00 S 3,2 50 1 -7 Ilandicap Impmvcmm8s IIS ('ompkW in Place Per LUMP Sumf 82,974.21 S 66,475.00 $ 56.A00M Subtotal S 5,304.00 $ 5,304.00 $ 2400.00 S 240000 $ 4,243 W S 4,24300 '.1 Mnblhallow3emnbd®tion I IS Cumpkle in place per Lump Sum42500 4,384.00 S 1,)8400 S 2.000011 f 2.0011 UO S 5 S 5A25 00 'g site PrepmulimuLaman Existing Equipment IIS f C'umplen, in place per Lump Sum 16110 f 12.024.00 S 3700 S 400 2201 S 15.65 $104 '8 .7 Parking lm lmpn.cnmms 66 SY S ( unplem in place per Square Sard S 2.800.50 f 35.00 S 7,11500 f 61.62 S5,494 .18 y (ummm Trial ja,u ,emams 89 SY f 3150 L upli;Wmplace per Syuue land 117500 f 1411 f 7181194) $ 1.30 f fi5n111 ' .5 hukinp tin Sniping 61x111` S 2.]5 f (-m..ploe ill pla,c pet Llln'ar 1'11111 S 21,6111.71 1 21.64071 S 20,700.00 $ 20.7011110 $ IJ 46U Oil S 1446000 .6 1'Ia) Snulan, I)p,''A"xlAlukb and Curb IIIA mcoinpkle in place p<r S:xb 5 53.531.21 f 50.959.00 I 40,716.78 Q an Submlal TOTAL BASE BIB S 398,887.82 5 399,410.0 5 279dua.av Pagr 6 of 8 Dari lbs Mobilitytim✓IJen,bilvalion trod IIS Unit Unit Price S 7,402.0 Animating f 7,402.0 Jail Price f 2.40.0 Amou, T -24M 00 1 Price f 3,46(.0 f 2,186.0 Autumnal(YI Ile, ('omplcm m place per Lump Sum f 587500 S S.B7S0 f )0000 S 30110.0 1 4,46000 4,460 M f D-2 Sim Preparal moJUcim) Fximing Equtpmenl I L5 ('ontpine in place per Lump Sum T 2,156.25 5 47,177.50 1 3.0150 f 44,33000 f 1,95300I 10.7 IN Picnic little. 11107 Pit. Uemched bash 22 IFA w/Eoundalion C mlplem m place per Each f 11 50 f 75280 f 75.0 f 3,92110 f 67.43 7, I 04- D4 l'oncrcm I rail Improvuncnls 112 SY Cnmpine m place per Syuare Yard S 1,775.0 S 140 T 7 00 I 110 S 650M) SW LF S 2.75 D -s Parking Lot sniping ('omplcm in place per Linear Fool460.0 S 22640.71 S 27,640.71 $ 20,700 S 20,7110.0 f 1446000 S 14, IM Play Structure l ype'A'o/Aiulch and Curb IFA Cnmplcm to place per Each f 8,5m) MI S R.SW.O I 9,6IXI MI f 9,6M1 M1 S 2511000 S 2_0. U-7 Iknm listing Pedotuan 11 1,191, lvundminn Is and concrete xalks Caoplele to place Nr Lump Su, 29.02692 1 29,026 2.92 f 3W0W $ 27,61A DO f 29,7I401 f 24.714 . D-8 Nca Pedant, Dfidge and Foundation ILS S t'ontplen, in plan per Lump Sum S I10.785.13 1 111.650.0 f 97,"7.N Subtotal IIS f ],9890 S 7,99900 f 2.4W 00 1 2,4M).W I 524.(X) I 52400 I:-1 Mnhittamiun/Ikmo6tliration ('omp0.0c in place par Loop Su, f 4.1230 1 4,12700 f 330.0 $ 220.0 $ 119100 S 129100 1:-2 Sim PreparatioNBcmo F'xisting E9uipr,m IIS Coutpine m place per Lump Sum f 10,980.0S 33,00000f 77.000.0 f 59060 1 5,9045,00 1-3 Conc7cm Masonry retaining Wall ILS I 10,9800 and Foundation Complete in place per Lump Sum f 20,51910 I 4100.0 T 41,1X10.00 f 9,5641X1 1 9.564.0 114 Nee., Concrete Sign. I lagpoles. Haiti. and I IS S 20,509.10 Inundation ('mnpine 01 place per Lump Sum f 10.57500 I 10,575 f 9JmU1111 f '),111101X1 f 3210011 S 2,216 ) ISS blcnfid I L5 ,UO (bmplele in place per I.ump Sum 7,]50.0 T J,73,750005 3.5111100 f )301500 f 2.500.0 S 2.5w 00 1:-6 in landscapg I LS S (lnnrlcm in place per Lump Sum 5 57,926.10 $ 9L10.00 T22 5ublrlal TOTAL BASE BIB S 398,887.82 5 399,410.0 5 279dua.av Pagr 6 of 8 I�1 Page 7 a( 8 Quml1 Ualt Slnit Price AromaticUSIt Prlee Ampept u.,Price Amount Item Deacri toe Addible Alternate I - Pan A (Laboele Pahl f 7.11300 f 3500.00 f S,3WW S B(150U S 80. Add. All. enc Prcparalurn/Ikmo Gxislmg E4uipmenl ILS f ].11100 A.g Conlpl.'In place perlump Sum 23,712.48 S 2, OI S.W f 22,165.00 S 1832.]7 $20.38003Add All, ('inti, Table, BBQ Pit, (kindred Trash I I ISA $2.135 68' f A-9 w/Foundmion Complete an place per Each 5 30,325.48 S 27,665.00 S 21,185.03 subtotal AJdilire Altenulr 2 -11r1 11INim 4ulb ParEl (W $ 2,2WW f 2,2001111 S [,975 00 S 19]..IM? IIS S 7E]400 $ 7,479 Add. All. Sim PrepmmimJl%rm' I:xisling I qulpmenl U-9 Complete in place per Lump Sum3997 E 2,740.30 f 73 00 S 3,043 00 $ $5,217 .39' Add Alt llaCrete ],.It lnlpmvemcros 8] SY $ 31.30 U 10 Cmnplcle in place per Square Pard 78,813 1 2 .00 f 76,2]000 $ 1.83300 f 33,334. Add. All. Picnic Table, BBQ Pit, Iklachcd Trash 181173 S 2,136.39 f .02 ,015 U -I] w/Plmndmi0n enrplcmin place per Each T 49,0X.52 f 41,515.00s 4054639 Spbmbl Addilire Allemmle 3 - Pa11 C (541fride Park) 8,623.00 f 10.200 0 S 10.2000 S 0,000.00 S B. ILS f 8,62500 f .00 . Add. AllSit. Prepared. C ] Complele in place per Lamp Sum f WOO S 120ON S 250o S 6W.0U 24 FA S B30 W f 20,400.00 Add AII. Concrete Meet Stops C.8 Complew in place Per Each S 24739600 f to f 13.710.00 S 121% SI8,46 1371 SY $ 1600 Add AU. Asphall Paving n t',mgJcic in place p e, GPnre Yard S 1,65111X1 S 1.311 X1 S 7]1111 C Hill LP S 2S $ 1.11231X1 S 1.311 nl Add All ilwkn,g I.ul Sulpg C-10 ['umplele in place per 1.1-1-1 Fpa1 1 56,416.00 T 38.160.00 S 28.497,36 Subtotal Wd111rr, Alternate - Pan is(Ntm(nno l'Ivb) S ].19700 S 7,12100 f 9501X1 S 4fl1 n0 f 1551100 S I550 UO Add Alt, site lYCPNmloe 1 IS U-12 C m pine In Place pct lump Kum JL511 $ 1,17400 S IS INI T 1.2611 1X1 S '1'145 T359R. 11 Add All l'nnacle buil ln".K.Ums . JM1 SY $ U -I3 Complete in place per Square Yard f 27,640.71 f 20,700.00 f 20,700.00 .UU f 14,46000 0 f 14 E6IX1 AddAllPlay Structure Typc-A-w/Mulch and Curb . . 11!73 f 2].640.]1 U-14 Complete in place per Falb1 75,967.71 f 32.910.011 T 19,608.20 xublwp W didre Alternate 5 - Part A pAb mil Park, 8.568.00 S M.56800S 13,000.00 f 1311111100 f 92110.00 f 9,2011 1X1 Aril AIL Sim Prcpmalitm 1 IS T ,.111 1'nlnPi"cl11-]7311lN'r 1. p 11111Splp71,1111 S 11311 S I!IS 11X1 T I(' IN) S 'NR INI T 1 1,6121X1 .,61 AII 4'1k adcr('nlb hr IP CnnlpLinear I I lcic in place ryr Linear1-calnar ml 1 In (NI S 72121100 f IU1000f 211 2 0 0110 t 11.07 522,361711• Ad AllAsphall Pasmg . . 202 0 SY 12 Cnmpldc in place ler Square YarJS S 42.841.00 T 34,192.00 73,173.40 Subtotal Page 7 a( 8 Ileah Deacri tloa ntl Amount Unit Ma Aeartnl Unit Price Aeonnl Addiliw Allerule 6- Pan A U-sbonle Park) Add. Alt. Sim PrcpmalioNDene Exi9ing Equipment I f ],2]000 f 95000 f 950.00 f 2,02500 S 2,025011A-13 CompleenLumpSumAdd. AN. Covncd Sheller wIFoundam.II 71S$ f 60,58].23 f 6,10000 S h],10000 S ?]11.82 f29,8J002'AAA Complcic in place per EachSu01ota1f 67A57.23 f 60.050.00 f 71,655.02 101 At, BASF, BID • ADD. ALT. I -6 Frnamrtes • ('u,.led Minh •• IUd ruled rmn-r slnmsivc. Lib name li�tcd tm Bid Need nut correct. �'l S 681,959.76 S 622,102.00 S 453,965.29 IYRe X of e \ Mpro ject \ councilexhibits \ exh$214.dwq N N PROJECT LOCATION VICINITY MAP EXHIBIT "D" CIP PROJECT No. 3214 NOr 7'0 SCALE \ Mpro ject \ councilexhibits \ exh3215.dwq ~ N N / c°U~v~e~/ PROJECT SITE Westgate Park VICINITY MAP CIP PROJECT No. 3215 NOT TO SCALE RENOVATION AND DEVELOPMENT OF EXISTING PARKS (Oak Park) CITY OF CORPUS CHRISTI, TEXAS EXHIBIT CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERIflCES PAGE: 2 of= 4 DATE: 08/24/2001 \ Mpro ject ~ councilexhibits \ exh$216, dwq SURFSIDE PARK N PROJECT SITE VICINITY MAP EXHIBIT 'D' CIP PROJECT No. 3216 NOT TO SCALE \ Mpro ject \ councilexhiblts \ exh3217, dwq H~' 44 WEST GUTH PARK Cou~! z AGNES N PROJECT SITE N VZCZNZTY MAP CIP PROJECT No. 3217 NOT TO SCALE RENOVATION AND DEVELOPMENT OF EXISTING PARKS (Wes1: Guth Pack) CI~ OF CORPUS CHRISTI, TEXAS EXHIBIT "D' CITY COUNCIL EXHIBIT /"~ DEPAR17r4ENT OF ENGINEERING S£RVICES PAGE: 4 of 4 DATE: 08/24/2001 ~: 11 ! CITY COUNCIL AGENDA MEMORANDUM August 21, 2001 AGENDA ITEM: A. Motion to accept the Child and Adult Care Food Program (CACFP), a grant from the Texas Department of Human Services in the amount of $276,38Z, to provide after school snacks to youth · enrolled in after school enrichment programs for FY 2001-2002. Ordinance appropriating a grant in the amount of $276,382 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No. 1050 Federal/State Grants Funds providing for after school supplements (snack) for youth enrolled in approved after school enrichment programs for FY 2001-2002. Resolution authorizing the City Manager, or his designee, to execute an interlocal Governmental Agreement with Corpus Christi Independent School District to provide after school supplements (snacks) for youth enrolled in approved after school enrichment programs for FY 2001-2001. ISSUE: In order to provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites and Recreation Centers, the City Council must A) appropriate $276,382 in grant funds from the U.S. Department of Agriculture and Texas Department of Human Services for a youth nutrition program, B) approve an agreement with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds. REQUIRED COUNCIL ACTION: Action is required to appropriate grant funds and authorize the City Manager, or his designee, to execute all related contracts and documents for the FY01-02 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. RECOMMENDATION: Staff recommends that the City Council appropriate the Child and Adult Care Food Program grant with U.S. Department of Agriculture and Texas Department of Human Services and approve the Interlocal Governmental Agreement with Corpus Christi Independent School District (CClSD). PRIOR COUNCIL ACTION: The City Council has for eight (8) years approved a youth nutrition grant related to the Summer Recreation Programs, however this is a new opportunity for after school supplement (snacks) for approved sites that have an educational and/or enrichment component. FUNDING: Texas Department of Human Services grant funds. ADDITIONAL SUPPORT MATERIAL Background information Contract Summary Ordinance/Resolution Map(s) Marco A. Cisneros, Director Park and Recreation Department AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The U.S. Department of Agriculture (USDA) through the Texas Department of Human Service (TDHS) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment b) include educational and/or enrichment activities as part of the programming c) site must be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals The Park and Recreation Department has 28 Latchkey sites and 6 Recreation Centers that qualify. (Agenda Item A). Sites to be served are: T.C. Ayers Recreation Center, Joe Garza Recreation Center, Lindale Recreation Center, Oso Recreation Center, Oak Park Recreation Center, Ben Garza Gym, Casa Linda Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Central Park Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista Elementary , Crocket Elementary, Garcia Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Woodlawn Elementary, Windsor Park Elementary, West Oso Elementary, Flour Bluff Intermediate, Flour Bluff Primary and Flour Bluff Early Childhood Center. There are 5 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are Dawson Elementary, Mireles Elementary, Jones Elementary, Barnes Elementary and Club Estates Elementary. However, to maintain the consistency and quality of the Latchkey program, these sites will be provided an afternoon snack. Cost of the snacks to these sites will be paid by program reimbursements minus any operating costs. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.45 per snack for the school year beginning August 13, 2001-May 23, 2001. CClSD will also maintain and provide menu preparation records. The snack consists of fruit/vegetable, milk/juice and dessert. It is estimated that approximately 2,755 youth per day will be served after school snacks. At each site, city staff will verify daily snack counts and distribute snacks to youth. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized, but an ordinance is necessary to appropriate the grant of $276,382 in order to implement the program. CCISD has approved the food service agreement. AN ORDINANCE APPROPRIATING A $276,382 GRANT FROM THE TEXAS DEPART- MENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND TO PROVIDE AN AFTER SCHOOL SUPPLEMENT (SNACK) FOR YOUTH ENROLLED IN CORPUS CHRISTI INDEPEN- DENT SCHOOL DISTRICT AFTER SCHOOL ACTIVITY PROGRAMS DURING THE SCHOOL YEAR; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A $276,382 grant from the Texas Department of Human Services is appro- priated in the No. i050 Federal/State Grants Fund to provide an after school supplement (snack) for youth enrolled in approved Corpus Christi Independent School District after school activity programs during the school year. SECTION 2. Upon written request of the Mayor or five Council members, copy at- tached, the City Council (1) finds and declares an emergency due to the need for immediate ac- tion 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 on the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary. Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on this the /...~--~ JAMES R~J~RAY, JR., CITY ATTORNEY Elizabet2~R. Hundley, Assi~ant City Attor~ day of ,2001. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK o CHILD AND ADULT CARE FOOD PROGRAM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Coop- eration Agreement with Corpus Christi Independent School District for the After School Snack- Child and Adult Care Food Program. INTRODUCED AND PASSED by the Ci~, Council of the City of Corpus Christi, Texas, on the day of August, 2001. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the /f~'~day of JAMES R. BRAY JR., CITY ATTORNEY By: . El' abeth~. Hundley, fi. ssist~{nt ~ity Atto~J~ %,X-~,2001. 12 AGENDA MEMORANDUM Date: September 11, 2001 SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state fiscal year 2001-2002 AGENDA ITEMS: Motion authorizing the City Manager or his designee to accept a grant in the amount of $71,390 and to execute a contract and all related documems with the Texas State Library and Archives Commission for the cominued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System, which is located at Corpus Christi Public Library, for the state fiscal year 2001-2002. Ordinance appropriating $71,390 fi.om the Texas State L~rary and Archives Commission in the no. 1050 Federal/State grants fund for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System, which is located at the Corpus Christi Public Library. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource Cemer for South Texas Library System since 1971-72 and continues to be so designated in state fiscal year 2001-2002. Each regional library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staffin using and maintaining information resource technology. South Texas Library System (STLS) provides supplememary services to its fifty-two member libraries in a twenty-six county area of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fffiy-two member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel funds for one full time staffmember and associated costs for Telecommunications equipment, professional services, travel and supplies. The City will be reimbursed $4,356 for administering this grant; this indirect cost recovery is calculated at 13.87% of salaries. No funding will be required or requested fi.om the City. The grant period is for September 1, 2001 through August 31, 2002. AGENDA MEMORANDUM (Cont.) Technical Assistance Negotiated Grant 2001-2002 REQUIRED COUNCIL ACTION: Contracts in excess of $15,000 and appropriatio~ ,~f funds require City Council Approval. RECOMMENDATION: Staffrecommends acceptance of grant and appropriation of funds. Herb Canales Director of Librades TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL ASSISTANCE NEGOTIATED GRANT Grant # 476-02014 I. CONTRACTING PARTIES Il. Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus Christi, Corpus Christi Public Library 805 Comanche Street Corpus Christi, Texas 78401-2715 TERM OF GRANT IlL September I, 2001, to August 31, 2002 GRANTOR CERTIFICATION The grantor certifies that (I) the services specified below are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $ 71,390 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2001 Carryover TSLAC's accounting coding: Index Code 34762, Object Code 7611 Page 1 of 7 Fiscal Year 2002 City of Corpus Christi Technical Assistance Negotiated Grant Budget: Personnel $31,409 Fringe Benefits 10,785 Travel 18,000 Equipment/Property 2,000 Supplies 2,300 Contractual 1,400 Other 1,140 Total Direct Costs $67,034 Indirect Costs 4,356 Total $71,390 V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that equals zero ($0). Written prior approval is to be requested on the Prior Approval Request form and shall be requested when nearing the 10% limit or the end of the grant term. This provision does not allow the grant to be exceeded. All prior approvals must be requested by August 1, 2002. Approvals received after this date will be considered on a case-by-case basis. The Grantor must give written prior approval for any of the following programmatic changes to the application (Technical Assistance Negotiated Grants for State Fiscal Year 2002). 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 2. Changing the scope or objectives (regardless of whether there is an associated budget revision). A change in scope is a substantive difference in the approach or method used to reach program objectives. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be requested by August I, 2002. Approvals received after this date will be considered on a case-by-case basis. The Grantor hereby gives approval for the items specified under the cost categories outlined below. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Prior Approval Request. All prior approvals must be requested by August 1, 2002. Approvals received after this date will be considered on a case-by-ease basis. Page 2 of 7 Fiscal Year 2002City of Corpus Christi Technical Assistance Negotiated Grant COST CATEGORIES l. Preaward Costs None Insurance (if not required by the grant) None Rearrangements and Alterations of Facilities None 4. Equipment/Property None Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. Each piece of equipment/property is an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that exceeds the capitalization amount established by Grantee's governing entity. Grantee must fumish a statement to Grantor certifying the goveming entity's capitalization level with the Prior Approval Request Form. Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the capital expenditure, which means the cost of the equipment/property including the cost to put it in place. Capital expenditure for equipment/property means the net invoice price of the equipment/property, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED The Grantee will comply during the period of this contract and provide services outlined within the grant application (Technical Assistance Negotiated Grants for SFY 2002) as approved by the Grantor. VII. TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2002. B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applicable during the term of this grant. The Grantee will comply with the following t~vo parts of the Governor's Office of Budget and Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at http.'//www, governor, state, tx. us/the_office/gts_tracs/Grants/guidelines.htrn. Page 3 of 7 Fiscal Year 2002 City of Corpus Christi Technical Assistance Negotiated Grant 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) For grants funded with state funds, the grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will comply with the Office of Management and Budget (OMB) Cimular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www. whitehouse.gov/OMB/circulars. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). The Grantee will send the grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. The Grantee may not obligate grant funds after August 31, 2002. By October 31, 2002, all obligations must be liquidated. Final requests for advance must be received by Grantor on or before September 15, 2002. All unexpended funds must be returned to the Grantor along with the final report due November 15, 2002. Final request for reimbursement must be received no later than November 15, 2002. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in box 12 of the quarterly Financial Status Report. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services and the Texas State Library and Archives Commission whenever possible and practical. Publicity includes but is not limited to press releases, media events, public events, displays in the library, announcements on the library's website, and materials distributed through the grant project. The Grantee certifies by this contract that it will comply with the Assurances - Non- Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B. 14. Page 4 of 7 Fiscal Year 2002City of Corpus Christi Technical Assistance Negotiated Grant The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. The Grantee will provide the grantor with one (1) set of any public relations materials produced under this grant. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. The Grantee will reconcile the equipment/property records with a physical inventory of the equipment/property every two years. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCRJTV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or it they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2002 for all equipment/property purchased during that grant year. This list must balance with the equipment/property purchased with prior approval amounts. The Grantee agrees to submit the Uniform Statistical Reporting Form for Technical Assistance Negotiated Grants and Explanation of Variance according to the following schedule: September 1, 2001 - November 30, 2001 December 1, 2001 ~ February 28, 2002 March 1, 2002 - May 31, 2002 June 1, 2002 - August 31, 2002 Due Date December 6, 2001 March 6, 2002 June 6, 2002 September 6, 2002 The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according to the following schedule: Page 5 of 7 Fiscal Year 2002City of Corpus Christi Technical Assistance Negotiated Grant September 1, 2001 - November 30, 2001 December 1, 2001 - February 28, 2002 March 1, 2002 - May 31, 2002 June 1, 2002 - August 31, 2002 Due Date December 28, 2001 March 29, 2002 June 28, 2002 September 27, 2002 A final Financial Status Report is due by November 15, 2002 The Grantee will submit the Workshop Reporting Form to the Grantor for the period of September 1, 2001, to August 31, 2002, on or before September 27, 2002. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 15~ of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request. VIII. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval requests should be directed to this grant's Project Manager: Kathleen Walls Grants Coordinator Phone: 512-463-5532 Fax: 512-463-8800 E-mail: k~dlf~l~lig~gx,~ Questions or concerns about regulatory or financial issues should be directed to: Manager of Accounting and Grants Department Phone: 512-463-6626 E-mail: ~ Page 6 of 7 Fiscal Year 2002 City of Corpus Christi Technical Assistance Negotiated Grant IX. A. Fax all reports to: Grants Accountant Phone: 512-463-5472 Fax: 512-463-3560 E-mail: mary.lu~tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the punpose of the payment and the grant number to: Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 APPLICABLE AND GOVERNING LAW This grant shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. X. SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, Corpus Christi Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Typerwritten or Printed Name Title Date Manager of Accounting and Grants Date Page 7 of 7 Fiscal Year 2002 City of Corpus Christi Technical Assistance Negotiated Grant ORDINANCE APPROPRIATING $71,390 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE CONTINUED OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $71,390 is appropriated from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System which is located at the Corpus Christi Public Library, in the Federal/State Grants Fund No. 1050. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal? Jr., Mayor APPROVED ~~ ~" ,2001 James R. Bray,' J~J City Attorney By: Lisa Aguilar ~) Assistant City Attorney H:\LEG-DIR' LISA ,ORDY ORD3 423 13 T 3" CITY COUNCIL AGENDA MEMORANDUM DATE: September 6, 2001 AGENDA ITEM: Ordinance abandoning and vacating a 116.40-square foot portion of a 10-foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision; requiring the owner, Mr. Manuel Flores, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Mr. Manuel Flores is requesting the easement closure to rectify the encroachment of a portion of his house into an existing 10-foot utility easement. 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. /~.~Angel R. ', P.E. ~ Director of Engineering Services Attachments: Exhibit A - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSURE AND BACKGROUND: Mr. Manuel Flores is requesting the abandonment and vacation of a 116.40-square foot portion of a 10-foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision. The utility easement abandonment is necessary because his house encroaches approximately one foot into the easement. Sale of his residence is pending, but cannot be finalized with the encroachment. All public and franchised utilities were notified and have responded regarding the proposed action. Southwestern Bell appears to be the only utility company which utililizes the easement, but they have indicated that the proposed closure will not affect their utility. There are no other existing utilities within the easement being abandoned and vacated. Staff recommends payment of the fair market value of $116.40 for the abandonment and vacation of the total 116.40-square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. h:\...\gen\ag0 l\esmt-clo\houston.m 05/~1/2001 16:46 ~'&Z 361. 9949329 IU~IC~ ~004 ~ 53, Bloc~ 6, Highland oaks Unit 2, V. 't9, P. 1~0-161, (MF~IC), Corpus CJ~risti, Nueces COunty, Texas. Voss Engineering, Inc. ENGINEEP~NG &. LAND SURVEYING AN ORDINANCE ABANDONING AND VACATING A 116.40 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 53, BLOCK 6, HIGHLANDS OAKS SUBDIVISION; REQUIRING OWNER, MR. MANUEL FLORES, 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 116.40 square foot portion of a I0 foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision, as recorded in Volume 49, Pages 160-161, Map Records Nueces County, Texas, that the owner, Mr. Manuel Flores, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 116.40 square foot portion of a 10 foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision as recorded in Volume 49, Pages 160-161, 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: That the Owner will pay fair market value of $116.40 for vacating and abandonment of this 116.40-square foot portion of the 10 foot utility easement. The Owner must replat his property 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 ;vritten 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 1 lth day of September. 2001. H:\LEG-DIR\Lisa\ORD3\ORD- PI-No I.doc 14 ORDINANCE STATUS AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the Water Conservation Contingency Measures; providing for penalties; providing for severance; and providing for publication. FIRST READING: August 28, 2001 Passed: 7-1 (Opposing Vote - Bill Kelly and Absent - John Longoria) FINAL READING: September 11, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM August24,2001 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the water conservation contingency measures; providing for penalties; providing for severance; and providing for publication. ISSUE: In accordance with the Texas Natural Resource Conservation Commission Agreed Order of April 2001 the City amended its water conservation ordinance to include automatic conservation measures at 50%, 40%, and 30% of reservoir capacity. The Agreed Order provided increased flexibility in implementing other measures. This ordinance would further amend the conservation ordinance to better meet current drought conditions as follows: (1) Simplify the process of implementing automatic water conservation measures as identified in the TNRCC Agreed Order of April 2001, and refine notice requirements. (2) Eliminate specific conditions triggering actions; instead the City Manager can implement any or all of a variety of measures based on current conditions. (3) Direct the City Manager to prepare an implementation plan, which will be provided to City Council before any measures are implemented. (4) Add restrictions on watering foundations and recreational water use. (5) Clarify penalty provisions, and add sanctions that a person who fails to respond to a citation or summons issued under the water conservation article may have their water service discontinued. RECOMMENDATION: Approval of the ordinance as submitted. Eduardo Garafia, P. E. Water Superintendent AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING ARTICLE XlI, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO REORGANIZE AND EXPAND THE WATER CONSERVATION CONTINGENCY MEASURES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-152 of the Code of Ordinances is revised to read as follows: Sec. 55-152. Automatic water conservation measures. (a) VVhen combined storage in the Choke Canyon/Lake Corpus Christi Reservoir System ("Reservoir System Storage") falls below 50% of Reservoir System Storage capacity: (1) The City Manager shall issue a public notice informing water users of the Corpus Christi water supply region of voluntary conservation measures that are requested immediately and required drought management measures that must be taken if the amount of water in the reservoirs falls to under 40% of Reservoir System Storage capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir System Storage capacity. (2) No person may: A. Allow water to run off yards or plants into qutters or streets. B. Permit or maintain defective plumbinq in a home, business establishment or any location where water is used on the premises. Defective plumbinq includes out-of-repair water closets, under.qround leaks, defective or leakinq faucets and taps. C. Allow water to flow constantly throuqh a tap, hydrant, valve, or otherwise by any user of water connected to the City system. (b) To the extent of the City's legal authority, the City Manager shall require the City's wholesale customers to issue public notice advising their water customers of voluntary conservation measures that are requested immediately and required drought management measures that must be taken if the amount of water in the reservoirs falls to under 40% of the Reservoir System Storage capacity and when the amount of water in the reservoirs falls to under 30% of the Reservoir System Storage capacity. R13745A8.wpd 2 storage in the Choke Canyon/Lake Corpus Christi Reservoir System ("Reservoir System Storage") falls below 40% of Reservoir System Storaqe capacity, the City Manager shall is~c~e-publish a public notice in a daily newspaper of general circulation in Nueces County when the City Manaqer determines that the amount of water in storage has fallen below 40% of Reservoir System Storage capacity. From the date of publication of the notice until the date the notice is rescinded by the City Manager, no person may use water for irrigation of vegetation between the hours or 10:00 a.m. and 6:00 p.m. (d) It shall be a defense to prosecution of a violation under subsection(c) of this section that the use of water was for one of the following purposes and the City Manager had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: a. A hand held hose equipped with a positive shutoff nozzle. b. A sprinkler system. c. A drip irrigation system equipped with an automatic shutoff device. d. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. e. A root feeder equipped with an automatic shutoff device. f. A hand held bucket or watering can. (2) Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit was obtained from the City Manager and a sign was posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (4) The water was used for irrigation of vegetation on a large parcel of land or unique botanical institution, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this subsection. R13745A8.wpd 3 When combined storaqe in the Choke Canyon/Lake Corpus Christi Reservoir System ("Reservoir System Storaqe") falls below 30% of Reservoir System Storaqe capacity, the City Manager shall publish notice in a daily newspaper of general circulation in Nueces County when the City Manaqer determines that the amount of water in reservoirs has fallen below 30% Reservoir System storage capacity and publish a lawn watering plan that allows customers to water lawns no more often than every five days, while maintaining the prohibition on using water for irrigation between 10:00 a.m. to 6:00 p.m. (f) From the date of publication of the notice and plan, until the date the notice and plan are rescinded by the City Manager, no person may use water for irrigation of a lawn, except on a day lawn water is authorized under the lawn watering plan. (g) It shall be a defense to prosecution of a violation under subsection (0 of this section that the use of water was for one of the following purposes and the City Manager had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns within thirty (30) days of planting. (2) Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used, other than dudng the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance of golf course greens and tee boxes. (4) The water was used for irrigation on a large parcel of land or unique botanical institution, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this subsection. (h) This section shall only be effective at any time the City is entitled, under to Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, to (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet R13745A8.wpd 4 when Reservoir System Storage falls below 40% of capacity, and .(2) suspend targeted inflows below 30% of capacity. (i) Copies of the notices published by the City Manaqer under this section shall be filed with the City Secretary. The City Secretary shall send a copy of the notice to each member of the City Council and a certified copy of the notice to the judges of the Municipal Court. (j) Courts shall take judicial notice of the notices published by the City Manaqer under this section, and the notices may be read into evidence without pleadinq or proof. SECTION 2. Section 55-153 of the Code of Ordinances is revised to read as follows: Sec. 55-153. Water conservation measures. (a) The As~+,~'am'~::ity Manager for Pub',~c Works ~nd Ut~,l~,t~,as shall ~evelop guidelines, based upon the recommendations of the Water Superintendent and Assistant City Manager for Public Works and Utilities, which shall set forth the criteria for determining when a-particular water conservation stage-is-to-measures should be implemented and terminated based on water available in the City's reservoir system, other available water resources, the needs of customers, human life and health concerns, the effect water conservation measures on the jobs of residents of the area, and the effect on the Ionq term viability of local businesses and industries. (1) The guidelines shall be updated when, in the opinion of the A~+s~mt-City "'-'""- '"'--' ..... ' ":':':-- the conditions of the water system have Manager f~r . .,,.,,... ,,,,,,o o, ,,, ,~,,,,,,~o, changed so as to necessitate such update. (2) The guidelines shall be published and filed in the office of the City Secretary. (b) The City Manaqer, in the exercise of the City Manaqer's discretion may implement any or all of the water conservation measures the City Manaqer deems necessary at any particular time. (1) The City Manaqer shall notify the members of the City Council before implementing any measures under this section. (2) The City Manaqer shall publish notice in a daily newspaper of qeneral circulation in Nueces County when each water conservation measure takes effect. (3) Copies of the notices published by the City Manaqer under this section shall be filed with the City Secretary. The City Secretary shall send a copy of the notice to each member of the City Council and a certified copy of the notice to the judges of the Municipal Court. R13745A8,wpd 5 (c) The use or withdrawal of water from the water supply system of the city for the following purposes or uses is hereby regulated during any period of water shortage commencing with the promulgation and implementation of water conservation guidelines by the A~Jt'~m-City Manager for '~' '~- ............. -~ ' ":':': ..... : ...... ' I ~'~'~'l~*~ ¥'~%-~ll~O ~;~''l~ ~.~'1.1"1.1~;~;~ CII"*~ I'''~':'~'''~,,t&tiOn ofth~ U,~,,~,..mO '~y .,,~ ..,,y Mana.36r and continuing until such water conservation measures are no longer deemed necessary by the City Manager in accordance with the guidelines. (d) The followinq water conservation measures may be included in the implementation gu delines developed by the City Manaqer and implemented by the City Manaqer. {] ~,-/~,~,,/ll Ill'~./l~'''~''l,{;ll.l~,/'' I./y I-III;; ~11%,! I¥1{]ll{;l~J;,, ~-,~.J~'~'lTl~r~-~ Request customers of the water system of the City of Corpus Christi through the news media announcements and utility bill inserts to voluntarily conserve and limit their use of water and sha~-notiN them that they must comply with the foik~df~-implemented restrictions on the use of water for irrigation of vegetation. Place AJ{-rnunicipal operations am-pi'a~i-on mandatory conservation. (3) Prohibit the use of water for irrigation of lawns or lawns and other veqetation between the hours of 10:00 a.m. and 6:00 D.m. (4) b. Restrict the use of water W~ef-for irrigation of lawns or lawns and other vegetation may b~ ,~o~,, ,~,,,y ,~ ..... ,, ,~oy ~,, ,~oyo ,,f ~o,.h ~;'~k, other than between the hours of 10:00 a.m. and 6:00 p.m., to specific dates or frequencies based on street numbers, as may be designated by the city manager. ¢. a. However, any person may raise as a defense to prosecution for violation of this section the fact that the use of water for the following purposes had been specifically authorized by the City Manager, if the City Manager had actually authorized the use of water for that purpose on the date of the violation: 1. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment and maintenance of flower gardens, vegetable gardens, fruit gardens, trees, and shrubs, or plants in containers, and applied using: i. A hand held hose equipped with a positive shutoff nozzle. ii. A drip irrigation system equipped with an automatic shutoff device. R13745A8.wpd R13745A8.wpd 6 iii. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. iv. A root feeder equipped with an automatic shutoff device. v. A hand held bucket or watering can. 2. The water was used at any hour for irrigation, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: i. A hand held hose equipped with a positive shutoff nozzle. ii. A sprinkler system. iii. A drip irrigation system equipped with an automatic shutoff device. iv. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. v. A root feeder equipped with an automatic shutoff device. vi. A hand held bucket or watering can. 3. The water was used, other than during the hours between 10:00 am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of planting. Water used for this purpose may be applied by any means. 4. Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, may be used at any hour, if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. 5. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance, of golf course greens and tee boxes. 6. The water was used at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. 7 7. The water was used for irrigation of vegetation on a large parcel of land or unique botanical institutions, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this section. ¢~-b. In the event the premises have no number, application shall be made to the city building official for the assignment of a number to such premises and such premises shall thereafter bear the number so assigned. Such day or days may be changed by further directive of the city manager. In the event any premises do not have a number at the time of the occurrence of any violation under this article, the premises shall be in the category of premises with street numbers ending in zero. No person or customer shall cause or permit water to run or waste in any gutter or otherwise. R13745A8.wpd 8 R13745A8,wpd 9 (5) Restrict the use of water for waterinq foundations durinq specific hours, specific dates, or specific frequencies based on street numbers, as may be desiqnated by the city manaqer. 2. (6) Prohibit the T-he-washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment-i~, except that individuals and filling stations may wash cars or boats if they use a bucket, pail, or other receptacles not larger than of 5 gallon capacity; however, an individual or filling station, before or after such washing, shall be permitted to rinse the car or boat off with a hose using only a reasonable amount of water in so doing. Commercial or automatic car wash establishment shall use minimum practical water settings. 3. (7) Prohibit the :R'~e-washing of building exteriors and interiors, trailers, trailer houses and railroad cars with potable water-is-prohibited, except by a professional power washing contractor or that in the interest of public health the Director of Public Health may permit limited use of the water as the case may be, including allowing the use of water for the removal of graffiti. 4. (8) Restrict the use of water for recreational uses, such as playinq in sprinklers, except durinq times when the use of water for irriqatinq lawns is permitted, operatinq water toys such as "slip & slides", or operatinq sprayers on ~,~o, o,,,~o. ,,,~ ~r,~,;~ ,,,=,,,, ....... ~ ~' ~,~,,~ ~,~, ...... u ,,, ~ ,,~,,,~, 5. (9) Restrict the :Fhe-use of fire hydrants for any purpose other than firefighting is~; except that the City Manager may permit the use of metered fire hydrant water by the City or by commercial operators using jet rodding equipment to clear and clean sanitary and storm sewers. 6. (10) Prohibit the ~%--use of potable water in ornamental fountains or in artificial waterfalls is prohibited where the water is not reused or recirculated in any manner. 7. (11) Prohibit the :Rte-use of potable water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced area, or building or structure, except by a professional power washing contractor, i~ R13745AS.wpd 10 8. (12) Prohibit the :f-he-use of potable water for dust controHs-pfohibited. 9. (13) Prohibit the :Fhe-use of potable water by a golf course to irrigate any portion of its grounds4s-pfohYek~, except those areas designated as tees and greens may be watered between ~.ne hours of 6 a.m. and 10 a.m. on Mondays, Wednesdays, Fridays, and Sundays. (14) Prohibit the use of water to serve a customer in a restaurant, unless requested by the customer. 1. (15) Prohibit new New-service connections to the City's water system ~-r~ ¢mYnibited-where some other source independent of the City's water system is existing and in use at the time this element of Condition Ill is implemented. (16) Reserved. 2. (17) Impose A-mandatory limit ot normal water use by customers without use penalty, in amounts as determined by the City Manager in accordance with guidelines established by the City Council. R13745A8.wpd 11 3. a. In connection with the enforcement of this subdivision, subsection-~,, the City Manaqer shall request the City Council shatkestablish a maximum limit beyond which water service will be terminated. b. Concurrently with the implementation of this conservation measure, th~. City Manaqer shall request the appointment of an Allocation and Review Committee by City Council, for the purpose of reviewing water conservation policies and establishing exemptions. 5. (18) Prohibit the :Fhe-use of potable water (water obtained from the City's water utility) for scenic and recreational ponds and lakes-ie-prohibi~. 6. (19) Prohibit the The-use of potable water to put new agricultural land into p rod u ctio n-is-prohibi'~. 1. (20~ Deny N~ applications for new, additional, further expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any , ' ~ except as approved by the Allocation and Review Committee. 2. (21) Establish AH-allocations of water use to industrial and commercial customers in amounts, as-es'cabtished-after consultation with the Allocation and Review Committee. 3. (22) Establish the :Fhe-maximum monthly use for a residential customer be es~abtisbed-with revised rate schedules and penalties approved by the City Council, based on recommendations by the Allocation and Review Committee. 4. (e) The City Council and City Manager shall take fl~e-any additional actions deemed necessary to meet the conditions resulting from the emergency. R13745A8.wpd 12 (t-) Any use of water in violation of this Section or any measure implemented by the City Manaqer under this Section is deemed a waste of water. (g) No person may use water in violation of this Section or any measure implemented by the City Manager under this Section. (h) Proof that a particular premises has a water meter connection registered in the name of the defendant named in the complaint, shall constitute in evidence a prima facie presumption that the person in whose name the water connection was reqistered was the person who permitted or caused the act of waste charqed to occur on the premises. (i) Courts shall take judicial notice of the notices published by the City Manaqer under this section, and the notices may be read into evidence without pleadinq or proof. SECTION 3. Sections 55-i 55 of the Code of Ordinances is amended by revising subsection (a) and adding subsection (I) to read as follows: Sec. 55-155. Violations, penalties, and enforcement. (a) Any person .violatiflg-that intentionally, knowinqly, recklessly, or with criminal neqliqence violates any provision of this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall, upon conviction, b6 pun=,sh~, by ~ fi,~e ~s ..... :-~--' '- ~'--"-- ~ ~ -' "-'- "--~- guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) per violation per dav. (I) If any person fails to respond to a citation or summons issued for a violation of this Article within the time allowed, upon receipt of notice from the Director or a judqe of the Municipal Courts, the Water Superintendent is authorized to discontinue water service to the premises where such violation occurs. SECTION 4. Sections 55-155.1, 55-156, and 55-157 of the Code of Ordinances are redesignated as Sections 55-157, 55-158, and 55-159, respectively. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-155 of the City Code of Ordinances, as adopted by Section 2 of this ordinance. R13745A8,wpd 13 SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R13745A8.wpd 15 NO ATTACHMENT FOR THIS ITEM 16 I MEMORANDUM September 11, 2001 AGENDA ITEM: Presentation on the City s R'sk Management Program CITY STAFF PRESENTER(S): Name Jorge G. Cruz-Aedo Title Director of Financial Services Dept/Division Financial Services ISSUE: Quarterly update on City's Health Insurance Program, as well as a summary of Risk Management's other programs. BACKGROUND: Since the last quarterly report in May, the City's health program has continued to improve. However, we are still vulnerable to one or two large claims eroding the positive financial position. In an effort to strengthen the program, several program changes were made this last fiscal year. They included: 1) An expansion of the pre-certification process to include out-patient, psychiatric, chemical dependency, and emergency room within 48 hours of admittance admissions; speech and physical therapy; durable medical equipment in excess of $500; and MRI's and CT scans; 2) Discharge planning; 3) Diabetic Care Training; and 4) An agreement with Consultec, current manager for the pharmacy network, to match the lower bid received from Walgreen Drag Stores. Additionally, for fiscal year 2001-2002, a 3% premium increase was implemented for Citicare and Citicare Q-Plus participants, as well as an increase in the emergency room co-pay from $35 to $50. Currently, however, negotiations are underway for Citicare-Fire and Public Safety Citicare. Risk Ma.nagemen.t s other programs (general/auto bablhty, workers compensation, and safety programs) have seen an ~ncrease ~n costs this past fiscal year. Risk Management is identifying areas which can be currently dealt with in order to address the increasing costs. STAFF RECOMMENDATION: As of July 31, 2001, it appears that the City's health insurance program is slowly strengthening. These findings are unaudited and preliminary; however, it looks as though the overall program will end positively. In reviewing the individual programs, action has been taken for Citicare and Citicare A-Plus in that a 3% premium increase was implemented August 1, 2001. Additionally, the emergency room co-pay was increased from $35 to $50. However, for the Citicare-Fire and Public Safety Citicare, negotiations are currently under way. In reviewing the other Risk Management programs, workers' compensation costs, as well as general/auto liability claims continue to increase. Risk Management is developing a more rigorous safety program for City employees in order to help identify problem areas and ways to improve them. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. ~J~'~Jorge G. Cmz-Aedo Director of Financial Services City of Corpus Christi, Texas Quarterly Health Insurance Update September 11, 2001 TOTAL CASH FLOWS FOR ALL PLANS August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions • Health Care Costs • Net Income $1497529951 ( 14,031,729) $ 721,222 CITICARE CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNAUDITED Contributions Health Care Costs $1054999285 (9,5735408) • Net Income $ 9251877 CITICARE Q -PLUS CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions • Health Care Costs • Net Loss $59,750 (61.,724J ($1,974) CITICARE FIRE CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNAUDITED Contributions Health Care Costs $1,762,769 ( 1,598,070) • Net Income $ 1649699 PUBLIC SAFETY CITICARE (POLICE) CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions • Health Care Costs • Net Loss % of Revenue $2,431,146 (217981528), ($3679382) 15.1% CITY'S ACTIONS TO DATE • Citicare and Citicare Q -Plus - As of August 1, 2001, a 3% premium increase was implemented, as well as an increase in the emergency room co -pay from $35 to $50 per visit. • Citicare Fire - Plan design changes and/or premium increases are currently being negotiated. • Public Safety Citicare - Plan design changes and/or premium increases are currently being negotiated. CITY'S FUTURE ACTIONS • Staff is currently reviewing all existing policies for health and benefits to align the contracts with the end of City's fiscal year (July 31 st). • Staff is also looking to add improved dental and vision programs for City employees. • Additionally, staff is considering the issuance of a Request for Proposal for pre -certifications/ utilization review. OTHER RISK MANAGEMENT PROGRAMS • Workers' Compensation Administration • General/Auto Liability Administration • Purchased Insurance • Safety Programs WORKERS' COMPENSATION • F. A. Richard and Associates - Third -party Claims Administrator • Barron Risk Management Services, Inc. - Medical Cost Containment Administrator WORKERS' COMPENSATION CASH FLOW August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions • Claims Paid $3,336,173 3,207,914 • Difference $128,259 * Estimated liability for Workers' Compensation Claims $154589100 WORKERS' COMPENSATION STATISTICS Paid Claims August 1999 -July 2000 August 2000 -July 2001 % Increase $ 2,9005454 $ 3,207,914 10.6% GENERAL/AUTO LIABILITY • The City of Corpus Christi is self-insured. • Two City claims adjusters process all claims. GENERAL/AUTO LIABILITY CASH FLOW August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions $ 2,800,000 • Liabilities Paid 1,5 86,982 (Includes litigation settlements) • Difference $ 192131018 * Estimated liability for General/Auto Claims - $ 3,451,074 PURCHASED INSURANCE Costs through July 31, 2001 PRELIMINARY - UNAUDITED • Excess Workers' Compensation Liability $105,700 • Excess Gas Liability $ 715786 • Property Insurance $4831437 • Flood Insurance $ 259749 • Boiler Insurance $ 540 • Employee Dishonesty Bonds $ 3,028 • Airport Liability $ 38351 SAFETY PROGRAMS • Defensive Driving • Safety Shoes/Prescription Safety • Remedial Driver Training Glasses • First Aid/CPR • Accident Investigation/ Loss Prevention • Back Injury Prevention • Participation in New Employee • Slip/Trip/Fall Prevention Orientation • City-wide Ergonomics . Chemical Inventory/ Material Safety Review Data Sheets • Workplace Violence . City Drivers' Authorization Prevention Cards/Motor Vehicle Records ~[~' NO ATTACHMENT FOR THIS ITEM 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 6, 200t AGENDA ITEM: Broadway Wastewater Treatment Plant Diversion Presentation CITY STAFF PRESENTER(S): Name Title 1. 'Angel R. Escobar Director 2. Foster Crowell Superintendent 3. Dept/Division Engineering Services Wastewater OUTSIDE PRESENTER(S): Name 1. Bhaskar Patel Title/Position Project Manager Organization ISSUE: This is a presentation in response to Council request for more information on diversion alternatives. BACKGROUND: On March 18, 1997, the City Council approved the Oso- Greenwood Services Area Wastewater Facilities Implementation Plan and adopted Alternative #2 which recommended the diversion of Broadway Plant flows to the Greenwood Plant. This plan was to provide sufficient and cost effective treatment facilities through the year 2025. In response to Council directive, Engineering Services issued a Request for Proposals, and hired Govind and Associates as the consultant to conduct the Broadway diversion studies. In June of 1999, Govind and Associates submitted an Engineering Report that provided five scenarios for diversion to Greenwood. In order to ensure the most cost-effective solution to the City's future Wastewater Treatment needs Council has requested a review of alternatives to diversion. REQUIRED COUNCIL ACTION: Directive to proceed with actions related to Council-preferred option. Additional Background Exhibits (1) (Department Head Signature) 111lIlll11. X11 — 11mom Y S _ F May 15, 2001 • Council Presentation on Diversion Status Council instructed staff to bring back options to diversion alis Ouilsixa uo juL>Id pa.IanoO nnau V JOWISuoD :t# uoildo loijlsiQ Iviiisnpul auj uigl!m luuld m3u lotuisuoD : �# uoildo TUBIJ uosltlV 01 juUId KUMPVo.Ig Wo.Ij a. OAICI :Z# uoildo JUBId poomu33JD 01 JUBIJ XUMPUOJff uUo.Ij VanlQ : I# uoildo suoijdp uoisaaniQd,I,�AtUS rp,�".jr )P,00d#1 ivert from Broadway to Greenwood ADVANTAGES: • Consolidation of the plants • One less discharge permit • Less operational/maintenance staff • Built on City owned property (90 ac) • Possible future reuse of effluent Optio'n' #1 vertfrom Broadway to Greenwood DISADVANTAGES: • Stringent discharge permit -20/20 to Inner Harbor vs. 10/15/3 to Oso Creek • Additional pumping cost for lift stations and pipeline • Additional land costs for intermediate lift station and force main easement • Public disruption during construction of force main ptionk ivertYfrom Broadway to Allison Plant ADVANTAGES: • Consolidation of the plants • One less discharge permit • Less operational/maintenance staff • Built on City owned property (75+ ac) • Possible future reuse of effluent for revitalization of the Nueces Delta 6 u. ption' #2: iertfrom Broadway to Allison Plant DISADVANTAGES: • Stringent discharge permit -20/20 to Inner Harbor vs. 10/15/3 to Nueces Estuary • NIMBY (Not in my backyard) Issue • Additional pumping cost for lift stations and pipeline • Additional land cost for intermediate lift station and force main easement • Public disruption during construction of force main y C fiC #k t Within the Industrial , ' istrict ADVANTAGES: • Utilizes existing discharge outfall • Maintain existing permit parameters • Located in Industrial Zoned area • Possible reuse of effluent for Industrial applications and/or Bayfront irrigation • State of the art facility which potentially utilizes less staff DISADVANTAGES: W on' #3 he Industrial District • Land cost for new plant and additional easement for gravity pipeline & force main • Re -piping force main to new plant • Possible environmental remediation of either proposed site Wv 1 ' Covered , Plant , Existing Site ADVANTAGES: • Maintain existing permit parameters • Lower long-term cost due to less stringent permit parameters • City -owned property • Possible reuse of effluent for Industrial applications and/or Bayfront irrigation • State of the art facility which potentially utilizes less staff )Ptfion '"40 ewCovered Plant on Existing Site DISADVANTAGES: • Will not comply with 1997 Council -Approved Oso -Greenwood Implementation Plan to vacate site • Facility is not consistent with proposed land use for this area • Additional cost incurred to cover plant • Additional easement for gravity pipeline to be purchased • Additional cost of improving the aesthetics - architectural & landscaping 12 st" omparisons OPTION #1 OPTION #2 OPTION #3 OPTION #4 Divertfrom Divert from Broadway New Plant within the New Covered Plant Broadway to to Allison Industrial District on Existing Site Greenwood Lift station at Broadway Plant $ 2,670,000 $ 2,820,000 $ 2,800,000 $ 2,740,000 Intermediate Lift Station & Force Main 10,260,000 13,210,000 580,000 210,000 Broadway Demolition and Cleanuo 1,500,000 1,500,000 1,500,000 1,200,000 Land Purchase N/A 450,000 2,000,000 N/A Environmental Remediation N/A N/A 1,200,000 N/A Construction of 8.0 MGD Activated Sludge Plant 28,200,000 28,200,000 25,900,000 27,100,000 New 36" Gravity Line along Salt Flats N/A 965,000 965,000 965,000 Contingencies/ Design/Inspection, 14,670,000 16,220,000 12,020,000 11,080,000 etc. TOTAL $ 579300,000 $ 6393659000 $ 46,965,000 $ 43,295,000 r r s.13 .r a. commendation: tion #3 or Option #4 p p • Build New Wastewater Treatment Plant At either industrial site, or At the existing location AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: September 11,2001) Case No. 0701-01~ Alma Gloria Zuniga: A change of zoning from an "R-lB" One-family Dwelling District to a "B-1' Neighborhood Business District on Mathis Estates, Lot 1, located on the northwest comer of Gothhar Road and Laura Place. Planning Commission's Recommendation (08/01/01}: Denied the "B-I" District, and in lieu thereof, approved a Special Permit for a beauty shop subject to a site plan and seven (7) conditions. Staff's Recommendation: Denied. Requested Council Action: Denial of the "B-I' Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a beauty shop subject to a site plan and seven (7) conditions and adoption of the attached ordinance. Purpose of Request: For a beauty salon in conjunction with the single-family residence. Summar3,: The applicant requested a "B-I" Neighborhood Business District in order to operate a 2-chair beauty salon within the single-family residence. The applicant plans to use the 2,600 square foot structure primarily as her residence and the converted garage area as the beauty salon. In 1977, a Special Permit was granted to the subject propert3~ for the operation of a shell and plant shop. The Special Permit expired in 1994. Since 1977, conunercial development expansion east of Kostoryz towards the residential neighborhood makes the rezoning on the subject property less desirable. A "B-I" District or Special Permit also reestablishes the presence ora nonresidential use within the neighborhood and sets up the adjacent large single-family zoned to the north for rezoning. This subject property is located approximately 300 feet from the commercial area to the west. This property has evolved back to its residential character compatible with the existing residential neighborhood. The Planning Commission recommended the denial of the "B-I" District, and in lieu thereof, approved a Special Permit for a beauty shop subject to a site pain and the following seven (7) conditions: i) ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-lB" One-family Dwelling District is a beauty shop that is limited to no more than two (2) hairstyling chairs. 2) FLOOR AREA: The floor area dedicated to the beauty shop shall not exceed 350 square feet. ~) PARKING: There shall be no less than five (5) off-street parking spaces provided on the property of which two (2) spaces are for the existing residence and three (3) spaces are for the beauty shop. 4) HOURS OF OPERATION: The operation of the beauty shop shall be limited to the hours between 9:00 a.m. and 7:00 p.m. 5) SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property line of the property. The screening fence must be installed within six (6) months from the passage of this ordinance. 6) LIGHTING: Lighting of the parking lot and exterior lighting related to the beauty shop shall not be permitted. Agenda Memorandum Case No. 0701-01 (Alma Gloria Zuniga) Page 2 7) TIME LIMIT: This Special Permit shall be deemed to have expired within one year fi.om the date of this ordinance unless the property is being used as outlined in condition #1 and a Certificate of Occupancy has been obtained and the property is in compliance with all other conditions. Applicant's Position: The applicant concurs with Planning Commission's recommendation. The Planning Commission voted 7 to 1 in favor ora Special Permit. Notification: Prior to the date of this memorandum, twenty-seven (7) notices were mailed to the property owners within a 200-foot radius, of which three (3) were returned in favor and ten (10) were returned in opposition. One (1) petition in favor was submitted with 9 signatures. One petition in opposition was submitted with 13 signatures. The 20% rule is not in effect. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 3-10 2) Comments Received Pages 11-14 3) Planning Commission Minutes Pages 15-17 4) Ordinances Pages 18-23 H:hOLN.DiR\ERMA\WORD\AGENDMEM\0701-01AGEN DAMEMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0701-01 July 18,2001 80-14 (I15B/D) Alma Gloha Zuniga Mathis Estates, Lot 1, located on the northwest comer of Gollihar Road and Laura Place. Area of Request: Lot(s} Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: .396 acres 17,242.5 square feet "R-lB" One-family Dwelling District "B-I" Neighborhood Business District Single-family residence. Beauty salon in conjunction with the single- family residence. Not applicable. Adiacent Zoning: North, East, West - "R-lB" One-family Dwelling District South - ",M3" Professional Office District Adiacent Land Use: North, East, West - Single-family residences. South - Vacant neighborhood community center. Zoning Report Case No. 0701-01 (Alma Gloria Zuniga) Page 2 Number of Residential Units Allowed: "R-lB" - 2 units (7.26 dwelling units per acre) "B-I" - 14 units (36.30 dwelling units per acre) Estimated Traffic Generation: Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 2 dwelling units = 20 average weekday vehicle trip ends. Beauty salon - 21.30 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 2,600 square feet = 55 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Gollihar - arterial Right-of-Way Design Current: a) 80-foot fight-of-xvay with a 60-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour, weekdav~ non-directional): a) 35,760 vehicles per day (Kostoryz and Gollihar intersection) Zoning History of Property: In October 1977, an "R-lB" One-family Dwelling District with a "SP" Special Permit was granted for a shell and plant shop in conjunction with the single-family residence. Recent Surrounding Zoning Cases: In April 1998, the southeast corner of Kosto~'z and Gollihar was granted a change of zoning from an "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District to "B-4" General Business District on Lot 1 and "B-l' on Lot 2 and 19 for video rental business and parking area. Zoning Report Case No. 0701-01 (Alma Gloria Zuniga) Page 3 Zoning Inventory: The subject property is part ora 22.80 acre area north of Gollihar Road, zoned an "R-lB" District that is developed with single-family residential. Further to the west of the subject property is a mixture of business districts ranging from "B-1" to "B-4" and developed with fast food services, a plumbing parts and sales establishment, a supermarket, and a shopping center. South of the subject property and across Gollihar is a 3.14-acre tzact of land zoned "AB" Professional Office District with a vacant structure that once served as a community center. The remaining 14.20 acres of property south of the subject property and across Gollihar is zoned an "R-lB" District and developed with single-family residences. Planning Staff Analysis: General Characteristics and Back~round: The applicant requested a "B-I" Neighborhood Business District in order to develop a beauty salon within the single-family residence. The applicant plans to use the 2.600 square foot structure primarily as her residence and the converted garage area as the beauty salon. In 1977, a Special Permit was granted to the subject property for the operation of a shell and plant shop. The Special Permit expired in 1994. Since 1977, commercial development expansion east of Kostopyz towards the residential neighborhood makes the rezoning on the subject property less desirable. A "B-I" or Special Permit also reestablishes the presence of a nonresidential use within the neighborhood and sets up the adjacent large single-family zoned to the north for rezoning. This subject property is located approximately 300 feet from the commercial area to the west. This property has evolved back to its residential character compatible with the existing residential neighborhood. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements are not supportive of the requested "B-I" District. The Southeast Area Development Plan's future land use map recommends the area to develop with low-density residential development. The requested "B-I" District is inconsistent with the Plan's adopted future land use map. Potential Housinq Density: The "R- lB" District permits a density of 7.26 dwelling units per acre or 2 units on the subject property. The "B-I" District permits a density of 36.30 dwelling units per acre or 14 units on the subject property. Height/Bulk/Setbacks/Etc.: The "R-IB" District requires a front yard setback of 25 feet and side and rear yard setback of five (5) feet each. Building heights are limited to 35 feet, not to exceed three (3) stories in the "R-lB" District. The "B-I" District requires a front yard setback of 20 feet and does not require a side or rear yard setback unless adjacent to a residential district where a setback of 10 feet each would be required. The "B-I" District is limited to a building height of three (3) stories or 35 feet. Zoning Report Case No. 0701-01 (Alma Gloria Zuniga) Page 4 · Simaage: Signs in the "R-IB" District are limited to one (1) wall sign ~vith an area not to exceed one (1) square foot. The "B-I" District permits unlimited xvall signs and one (1) freestanding si~n per premise with a sign area not to exceed 40 square feet and a height of 20 feet. Traffic: The subject property has direct access to an arterial. Gollihar Road, which is can~ing approximately 35,760 vehicles per day at the Kostors. z and Gollihar intersection. The proposed use would add approximately 55 more vehicles. ParkinWScreening: A dwelling unit is required to provide 1.5 off-street parking spaces for each one (1) bedroom unit and two (2) off-street parking spaces for each unit containing two 92) bedrooms or more. A personal service use is required to provide at least one (1) off- street parking space for each 200 square feet of gross floor area. The existing 2,600 square foot gross floor area structure would require a minimum of thirteen (13) parking spaces. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A screening fence is required along the north, east, and west property lines of the subject property and is a condition for obtaining a Certificate of Occupancy. Currently, a metal fence is located along the north, east, and west property lines. Costs to City: The entire infrastructure required to service the subject property is available and no costs to the City are anticipated. Platting: The subject property contains one (1) platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) The subject property, has direct access to an arterial, Gollihar Road. Cons: (Ideas in support o f maintaining the current zoning.) a) Approving a "B-I" District sets a precedent of a neighborhood business zoning being an acceptable classification along this portion of Gollihar Road. · b) The existing "R-lB" District is compatible with the surrounding residential uses. c) The re uested "B-l" District is inconsistent with the Southeast Area Development Plan's q future land use map. APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALMA GLORIA ZUNIGA, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, MATHIS ESTATES, FROM "R-lB" ONE- FAMILY DWELLING DISTRICTTO"B-I"NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Alma Gloria Zuniga for amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2001, and August 1, 2001, during a meeting of the Planning Commission, and on Tuesday, September 11, 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, Mathis Estates, located on the northwest corner of Gollihar Road and Laura Place, from "R-1B" One-family Dwelling Distdct to "B-l" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 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\DoyleDCurtis~YDOCS~OOI\P&ZORDOI~-oning.ord\DOYLEC~OOI~ZO7OIOIB'd°c CO/J.".I.DKIVE Z9 L~3T LAUg. A EXItlBIT A L. aT' Page 3 of 4 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of September, 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 29 August, 2001 James R. Bray, Jr. City orney By: Doyle ~'Curtis SeniorVAssistant City Attorney H:%EG-DIR~DOYLEDCU RTIS~IY DOCS~00 I~P&ZORD0 I~-ONING.ORD~DOYLEC~-001~Z07010 IA'DOc Page 2 of 4 4. HOURS OF OPERATION: The operation of the beauty shop shall be limited to the hours between 9:00 a.m. and 7:00 p.m. 5. SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property line of the property. The screening fence must be installed within six (6) months from the passage of this ordinance. 6. LIGHTING: Lighting of the parking lot and exterior lighting related to the beauty shop shall not be permitted. 7. TIME LIMIT: This Special Permit is shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and a Certificate of Occupancy has been obtained and the property is in compliance with all other conditions. SECTION 3, That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~EG-DIR~DOYLEDCURTIS~MYDOCS~2001~°&ZORD0 I~ZONING.ORD~DOYLEC~2001 ~Z07010 lA.DOC AN ORDINANCE PLANNING COMMISSION'S RECOMMENDATION AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALMA GLORIA ZUNIGA, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, MATHIS ESTATES, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A BEAUTY SHOP SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Alma Gloria Zuniga 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, July 18, 2001, and August 1,2001, during a meeting of the Planning Commission, and on Tuesday, September 11,2001, 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 granting a Special Permit for a beauty shop on Lot 1, Mathis Estates (currently zoned "R-lB" One-family Dwelling District), located on the northwest corner of Gollihar Road and Laura Place. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan, attached as Exhibit A, and the following seven (7) conditions: 1. ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-lB" One-family Dwelling District is a beauty shop that is limited to no more than two (2) hairstyling chairs. 2. FLOOR AREA: The floor area dedicated to the beauty shop shall not exceed 350 square feet. 3. PARKING: There shall be no less than five (5) off-street parking spaces provided on the property of which two (2) spaces are for the existing residence and three (3) spaces are for the beauty shop. H:~EG.DIR~DOYLEDCURTISWIYDOCS~001~-°&ZORD0 I~ZONING'ORD~DOYLEC~2001~'n7010 lA'DOC Planning Commission Minutes August 1, 2001 Alma Gloria Zuniga: 0701-01 REQUEST: "R-lB" One-family Dwelling District to "B-I' Neighborhood Business District on Mathis Estates, Lot I and located on the northwest corner of Gollihar Road and Laura Place. Mr. Saldafia said that the zoning case was continued from the July 18, 2001 Planning Commission meeting to allow the applicant an opportunity to meet with staff and discuss language for a Special Permit. ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-lB" One-family Dwelling District is a beauty shop that is limited to no more than two (2) hairstyling chairs. 2. FLOOR AREA: The floor area dedicated to the beauty shop shall not exceed 350 square feet. 3. PARKING: There shall be no less than five (5) off-street parking spaces provided on the property of which two (2) spaces are for the existing residence and three (3) spaces are for the beauty shop. 4. HOURS OF OPERATION: The operation of the beauty shop shall be limited to the hours between 9:00 a.m. and 7:00 p.m. SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property line of the property. The screening fence must be installed within six (6) months fi.om the passage of this ordinance. 6. LIGHTING: Lighting of the parking lot and exterior lighting related to the beauty shop shall not be permitted. TIME LIMIT: This Special Permit is shall be deemed to have expired within one year from the date of this ordinance unless the properW is being used as outlined in condition #1 and a Certificate of Occupancy has been obtained and the property is in compliance with all other conditions. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Saldafla responded to Commission's concerns regarding parking and the ability of the patrons to exit the property without backing into traffic on Gollihar Road. He said that there is approximately a 20-foot separation between the back of the home and the existing fence to accommodate the five (5) parking spaces required. He continued that there is adequate room for vehicles to ingress and egress the properW. Mr. Saldafla added that Staff was recommending denial of the rezoning request. In response to Commission's question regarding the petition in opposition to the rezoning request, Mr. Saldafia said that he spoke with the gentleman who initiated the petition in opposition and informed him of the Special Permit. Mr. Saldafia said that the gentleman was not opposed to a Special Permit; however, he was speaking on his behalf only and not representing the neighborhood. Commissioner Pusley referred to the petition presented .opposing commercial use and expressed concern with the Commission ignoring neighborhood opinion by considering a Special Permit for a commercial use. Motion by Mims. seconded by Sween-McGIoin. to approve a Special Permit subject to a site plan and seven (7) conditions. Motion passed with Pusley voting "Nay" and Smith being absent. ?laninng comrmssion Minutes July 18, 2001 Case No. 0701-01 (Alma Gloria Zuniga) Page 2 In response to conmUssioner Sween-McGIoin's question, Mr. Saldafia said that there was a Special perrmt on the property previously, but Ms. Zuniga was not the owner at that time. comrmssioner Zamora asked about parking requirements. Mr. Saldafia answered that there is a parking requirement, but he did not have the specific number of spaces that would be requi~ed. The parking area would require ingress and egress onto Gollhhar Road. After discussion regarding language for a Special perrmt, the comrmssion asked Staff to meet with the applicant to discuss language for a Special Permit. Motion by Mires, seconded by Salazar, to continue the zomng case to August 1, 2001. Motion passed unanimously. Planning comrmssion Minutes July 18, 2001 Alma Gloria Zuniga: 0701-01 REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District to Mathis Estates, Lot 1, located on the northwest comer of Gollihar Road and Laura Place. Mr. Saldafia presented a computer slide illustration of the subject proper~y and the surrounding area. He said that the subject property is part of a 22.80 acre area north of Gollihar Road, zoned an "R-lB" District that is developed with single-family residential. Further to the ~vest of the subject property is a mixture of business districts ranging from "B-I" to "B-4" and developed with fast food services, a plumbing parts and sales establishment, a supermarket, and a shopping center. South of the subject property and across Gollihar Road is a 3.14-acre tract of land zoned "AB" Professional Office Dismct with a vacant structure that once served as a community center. The remaining 14.20 acres of property south of the subject property and across Gollihar Road is zoned an "R-lB" District and developed with single-family residences. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District in order to develop a beauty salon within the snigle-family residence. The applicant plans to use the 2,600 square foot structure primarily as her residence and the converted garage area as the beauty salon. In 1977, a special permit was granted to the subject property for the operahon of a shell and plant shop, along with the proprietors living on the site. At that time, commemial development had not occurred to the extent as it has today at the intersection of Kostoryz Road and Gollihar Road. Traffic volume was lower and turning movements were of lesser concern. The shell and plant establishment operated for approxUnately 15 years. Overall, commercial development over the past 7 years has been contained within 600 feet of the Kostoryz Road and Gollihar Road intersection. It has been approximately 7 years since the special permit on this property was valid. This property has evolved back to its residential character that is compatible to the existing residential neighborhood. Mr. Saldafia provided history on the property. In April 1998, the southeast comer of Kostoryz Road and Gollihar Road was granted a change of zoning from an "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District to "B-4" General Business District on Lot I and "B-I" on Lot 2 and 19 for video rental business and parking area. The Southeast Area Development Plan's future land use map recommends the area to develop with low-density residential development. The requested "B-I" District is inconsistent with the Plan's adopted furore land use map. Mr. Saldafia continued that the existing "R-lB" District is compatible with the surrounding residential uses. Therefore Staff recommends denial of the rezoning request. There were 27 notices mailed to property owners within a 200-foot radius of which none were returned in favor and l0 were received in opposition. There were also two (2) petitions received with nine 19) signatures in favor and one (1) petition with 13 signatures in opposition. Public hearing was opened. Bianca Apusen, 3545 Austin, represented the applicant. Ms. Apusen said that the applicant was not requesting a "B-I" District, but would prefer a Special Permit allowing her to operate a beauty shop. She continued that there have been other Special Permits issued in the area. Alma Zuniga, 3322 Gollihar, reiterated Ms. Apusen's statements regarding her request for a Special perlmt to be able to operate her beauty shop from her home. Public hearing was closed. comrmssioner Salazar referred to the traffic count presented in the Zoning Report on Gollihar Road. He said that Gollthar Road has more than 35,000 cars and is slowly developing into a business area. comrmssioner Salazar added that he would support a Special perrmt. We, the undersigned, do not want the property at 3322 Gollihar to be rezoned for JUL I ~ 2~11 commercial purposes. _ ~. 5;~ .~-~ ~ c~ .;.;y 0F CO,~,~U$ CHR 1~) - Nam~ ' I Address Comments Received Case No. 0701-01 (Alma Gloria Zumga) Page 2 II. III. 25) 26) 27) 28) Sylvia Gutierrez, 4438 Laura Place Signed petition. Luis Robles, 4432 Laura Place Signed petition. Melanie Rodriguez, 4426 Laura Place Signed petition. Christopher Lopez, 4420 Laura Place No written comment. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. Petitions: Favor: One (1) petition was received with nine (9) signatures. See attached. Opposition: One (1) petition was received with 13 signatures. See attached. H:LPLN.DIR~,ERMA\WORD\COM M DATA\0701-01 COMM ENTS.DOC COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0701-01 Alma Gloria Zuniga · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) k Notices returned from within the 200-foot notification area: Favor: 13) Lazaro Bocanegra, 4437 Randall Signed petition. 14) Enrique Lopez, 4433 Randall Signed petition. 17) Rosemary Ramirez. 4421 Randall Signed petition. Opposition: 2) Delia Lozano, 3315 Gollihar Road Signed petition. 16) Lee Edwards, 4425 Randall Signed petition. Norma E. Solis, 4438 Randall Signed petition. 20) Jorge Gonzalez, 4430 Randall Signed petition. 21) llonka Russo, 4426 Randall "This is a residential area and xve want our neighborhood to remain quiet without adding transient traffic (higher burglary rate, more litter, xvorsening traffic conditions.) 24) Cindy Ferdim 4417 Laura Place Signed petition. Ownerstup List Case No. 0701-01 (Alma Gloria Zumga) Page 2 2I Z0701-01 710500020040 JLMENEZ ILONT~A 4426 RANDALL DR CORPUS CHRISTI TX 78411 IL~\-DALL PL LT 4 BK 2 24 Z0701-01 710500020350 FERDIN ROY CASTILLO ET UX C5 _~THIA S 4417 LAURA PL CORPUS CHRiSTI TX 78411 R.&NDALL PL LT 35 BK 2 27 Z0701-01 710500030030 ESCOBAR FELLX JR AND MELANI RODRiGUEZ 4426 LAURA PLACE CORPUS CHRISTI TX 78411 I:L~NDALL PL LT 3 BK 3 SP Z0701-01 490800000010 Z'L.~IGA JESUS M AND ALMA G ZU'NIGA WFE 3322 GOLLIHAR ROAD CORPUS CHRISTI TX 78415 MATHIS EST LT 1 22 Z0701-01 710500020050 HOGAN KATHRYN G ET VIR ROLAND R HOGAN 330 WILSHIRE CORPUS CHRISTI TX 78411 RANDALL PL LT 5 BK 2 25 Z0701-01 710500030010 GUTIERREZ JOSE A 4438 LAURA PL CORPUS CHRISTI TX 78411 RANDALL PL LT 1 BK 3 28 Z0701-01 710500030040 LOPEZ CHRISTOPHER R 4420 LAURA PLACE CORPUS CHRISTI TX 78411 RANDALL PL LT 4 BK 3 Z0701-01 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. P. O. BOX 110 CORPUS CHRISTI, TEXAS 78403 23 Z0701-01 710500020060 ANDERSON CLIFFORD CHRIS 4638 CRYSTAL LANE CORPUS CHRISTI TX 78410 KANDALL PL LT 6 BK 2 26 Z0701-01 710500030020 ROBLES LUIS JR ET UX 4432 LAURA CORPUS CHRISTI TX 78411 RANDALL PL LT 2 BK 3 29 Z0701-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 OWNERSHIP LIST CASE NO. 0701-01 Applicant: Alma Gloria Zuniga 3322 Gollihar Road 78415 1 Z0701-01 149200070010 TE.xL&S CONFERENCE ASSOC OF SEVENTH DAY ADVENTISTS C/O KARL H DOERNER P. O. BOX 800 ALVARADO, TX 76009 CENTRAL PK LTS 1 THRU 3 BK 7 3 Z0701-01 167000000040 STEWART NOBLE E ET UX 3318 MAHAN DR CORPUS CHRISTI TX 78415 COGGIN LT 4 6 Z0701-01 397000010030 VI. ERA MICHAEL A ETUX 4433 KIRKWOOD DR CORPUS CHRISTI TX 78415 KII>,_KWOOD LT 3 BK 1 9 Z0701-01 470000010100 COBURaN ELDON H ET UX MARl 142 CARIBBEAN CORPUS CHRISTI TX 78418 MAHAN PLACE LT 10 BK 1 12 Z0701-01 490800000040 GOMEZ RICHARD 4645 COVENTRY CORPUS CHRISTI TX 78411 MATHIS EST LT 4 15 Z0701 '01 710500010030 MARTINEZ GRACIELA 4429 RANDALL CORPUS CHRISTI TX 78411 RANDALL PL LT 3 BK 1 18 Z0701-01 710500020010 RE'x ."qA NORMA E 4438 RANDALL DRIVE CORPUS CHRISTI TX 7841 RANDALL PL LT 1 BK 2 Representative: Berrie Villarreal 3141 Morgan 78405 2 Z0701-01 167000000010 LOZANO MIGUEL T ET UX DEL 3315 GOLLIHAR CORPUS CHRISTI TX 78415 COGGIN LTi 1 Z0701-01 167000000020 TEXAS CONFERENCE ASSOC OF SEVENTH DAY ADVENTISTS C/O KARL H DOERNER P. O. BOX 800 ALVARADO, TX 76009 COGGIN LTS 2 3 & 5 4 Z0701-01 397000010010 GAP, ZA MARGARITA E 4441 KIRKWOOD CORPUS CHRISTI TX 78411 KIRKWOOD LT 1 BK 1 5 Z0701-01 397000010020 TALMAGE MARIA T 4437 KIRKWOOD CORPUS CHRISTI TX 78411 KIRKWOOD LT 2 BK 1 7 Z0701-01 397000010040 CASANOVA PR/MITIVO AND MARGARET CASANOVA 4426 KIRKWOOD DR/VE CORPUS CHRISTI TX 78411 KIRKWOOD LT 4 BK 1 8 Z0701-0! 397000010050 SALAZAR EDUARDO ETUX GABR 4425 KIRKWOOD DRIVE CORPUS CHRISTI TX 78411 KIP,.KWOOD LT 5 BK 1 10 Z0701-01 490800000020 R/CE ROBERT LEE 4429 LAURA PL CORPUS CHRISTI TX 78411 MATHIS EST LT 2 11 Z0701-01 490800000030 ZAPATA HUGO ETUX MARIA 4425 LAURA PLACE CORPUS CHRISTI TX 78411 MATHIS EST LT 3 13 Z0701-01 710500010010 BOCANEGRA LAZARO G 4437 RANDALL DRIVE CORPUS CHRISTI TX 78411 RANDALL PL LT 1 BK 1 14 Z0701-01 710500010020 LOPEZ ENRIQUE L 4433 RANDALL DR CORPUS CHRISTI TX 78411 RakNDALL PL LT 2 BK I 16 Z0701-01 710500010040 EDWARDS BOBBIE A L ET ULX JESSIE 4425 RANDAL DR CORPUS CHRISTI TX 78411 RANDALL PL LT 4 BK 1 17 Z0701-01 710500010050 RAMIREZ THOMAS H SR 4421 RANDALL DR CORPUS CHRISTI TX 78411 RANDALL PL LT 5 BK I 19 Z0701-01 710500020020 GILLEY DENNIS E AND ANA LAURA GILLEY 4434 RANDALL DR CORPUS CHRISTI TX 78411 RANDALL PL LT 2 BK 2 20 Z0701-01 710500020030 GONZALEZ JORGE III/YOLAND GONZALEZ JORGE IV/SHERI M 4430 RANDALL CORPUS CHRISTI TX 78411 RANDALL PL LT 3 BK 2 q B-4 H. E. B. L R-IB/SP /94-05 Aug 25. 2001 100 CASE Z0701-Ol ~0 X See Comments on Page(s) Subject property Owners within 200 feet listed on attached o~mership list Property Owner Opposed //-/~t Zoning Report Case No. 0701-01 (Alma Gloria Zuniga) Page 5 Staff Recommendation: Denial. Planning Commission's Recommendation: Denial of the "B-I" Neighborhood Business District, and in lieu thereof, approval of a Special Permit subject to a site plan and the following seven (7) conditions: 1) ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-1B" One-family Dwelling District is a beauty shop that is limited to no more than two (2) hairstyling chairs. 2) FLOOR AREA: The floor area dedicated to the beauty shop shall not exceed 350 square feet. 3) PARKING: There shall be no less than five (5) off-street parking spaces provided on the properly of which two (2) spaces are for the existing residence and three (3) spaces are for the beauty shop. 4) HOURS OF OPERATION: The operation of the beauty shop shall be limited to the hours between 9:00 a.m. and 7:00 p.m. 5) SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property line of the property. The screening fence must be installed xvithin six (6) months from the passage of this ordinance. 6) LIGHTING: Lighting of the parking lot and exterior lighting related to the beauty shop shall not be permitted. 7) TIME LIMIT: This Special Permit shall be deemed to have expired xvithin one year from the date of this ordinance unless the property is being used as outlined in condition #1 and a Certificate of Occupancy has been obtained and the property is in compliance with all other conditions. Attachments: Zoning and Ownership Map Ownership List H:\PLN-DIR\ERMA\WORD~ZONRPTS',070 I-0 ICCREPORT.DOC 7 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 (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of September, 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 August 29, 2001 James R. Bray, Jr. /Doyl~'D./~is Senior A'~sistant City Attorney H:~LEG~DIR\DoyleDCurtis\MYDOCS~.OOI\P&ZORDOI~Zoning.ord~DOYLEC~2OOI~Z070101 B.doc z~ 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 11, 2001) Case No. 0801-0L A-A-A Storage Rodd Field: A change of zoning from a "B-i" Neighborhood Business District to a "B-4" General Business District on kakeview Acres, Block 2, being 0.919 acre of Lot 14, located on the west side of Rodd Field Road, approximately 600 feet north of Holly Road. Planning Commission and Staff's Recommendation (08/01/01): Approved. Requested Council Action: Approval of' the "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: Rezoning property for sale at highest and best use. Summary: The applicant has requested a change of zoning from a "B-i" Neighborhood Business District to a "B-4" General Business District in order to market the property, for its highest and best use. The subject properly is abutting a "B-4" District on the south and east and has direct access to an arterial, Rodd Field Road. On the north side of the subject property, there is an existing mini-storage facility and its proposed expansion abuts the subject property on the west. North of the mini-storage facility, there is an existing apartment complex that abuts vacant land to the noah. West of the mini-storage expansion, the area is zoned an "R-iB" One-family Dwelling District and developed ;vith single-family residential. Expanding the "B-4" District onto the subject property will not impact these residential areas since the existing mini-storage facility is a low-impactive use located bet;veen the subject property and the residences. Applicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of this memorandum, six (6) notices were mailed to the property o;vners within a 200-foot radius, of which none were returned in favor and one (1) was returned in opposition. The 20% rule is not in effect. ~'ch~ ~n~ Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Comrmssion Minutes Page 10 4) Ordinance Pages 11-13 H:h°LN-DIR\ERMA\WORDXAGENDM EM\0801.Oi AGENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0801-01 August 1,2001 101-8(G17A) A-A-A Storage Rodd Field Lakeview Acres, Block 2, being 0.919 acre of Lot 14, located on the west side of Rodd Field Road, approximately 600 feet north of Holly Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Propertv: Purpose of Request: 0.919 acre (40,040 square feet) Same as above. "B-I" Neighborhood Business Disthct with a "SP" Special Permit "B-4" General Business District Undeveloped land. Rezoning property for sale at highest and best Not applicable. Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North, West - "B-I" Neighborhood Business District ~vith a "SP" Special Permit South - "B-4" General Business District East - "A-2" Apartment House District and "B-4" General Business District Adiacent Land Use: North - Mini-storage facility. South, West - Undeveloped land. East - (across Rodd Field Road) Undeveloped land. Zoning Report Case No. 0801-01(A-A-A Storage Rodd Field) Page 2 Number of Residential Units Allowed: "B-l" - 33 units (36.30 dwelling units per acre) "B-4" - 33 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 8,115 square feet of gross floor area (average floor area per ITE Manual) = 330 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Rodd Field Road arterial. Right-of-Way Design Current: a) 120-foot right-of-way with a 66-foot back-to-back paved section. Planned: a) Same as ctm-ent 1996 Traffic Count (24-hour~ weekdav~ non-directional): a) 16,730 vehicles per day. Zoning History of Property: In August 1999, as part of the larger lot, the subject property xvas denied a change of zoning fi.om a "B-I' District to a "B-4" District and in lieu thereof xvas granted a Special Permit for a mini- storage facility. Recent Surrounding Zonin~ Cases: In August 1999, the adjacent property to the north and west was denied a change of zoning fi.om a "B-I' Dismct to a "B-4" District and in lieu thereof was ganted a Special Permit for a mini-storage facility. Zoning Report Case No. 0801-01 (A-A-A Storage Rodd Field) Page 3 Zoning Inventory: The subject property is part of a tract of land zoned a "B-I" District containing 29.85 acres. This district extends north toward South Padre Island Drive and is predominantly undeveloped. There is a tract of land zoned a "B-I" District and developed in conjunction with the adjacent "A-I" District. The development consists of an apartment complex. Another "A-I" District tract located northeast of the subject property contains 12.5 acres and is developed xvith townhomes. An "A-2" District to the east of the subject property contains 6.89 acres and remains undeveloped. The "B-4" District to the southeast contains 47.58 acres and is predominantly undeveloped. The developed portion of this "B-4" District occurs closer to Saratoga Boulevard. Adjacent to the xvest, is an area zoned an "R-lB" District and predominantly developed with single-family residential. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "B-I" Neighborhood Business District to a "B-4" General Business District in order to market the property for its highest and best use. The subject property is abutting a "B-4" District on the south and east and has direct access to an arterial, Rodd Field Road. On the north side of the subject property, there is an existing mini-storage facility and its proposed expansion abuts the subject property on the west. North of the mini-storage facility, there is an existing apartment complex that abuts vacant land to the north. West of the mini- storage expansion, the area is zoned an "R-1B" One-family Dwelling District and developed with single-family residential. Expanding the "B-4" District onto the subject property will not impact these residential areas since the existing mini-storage facility is a low-impacfive use located between the subject property and the residences. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District because the subject property has direct access to an arterial without traversing a residential area. The Southside Ares Development Plan's future land use map recommends the area to develop with neighborhood commercial uses. The requested "B-4" District may not be consistent with the Plan's recommended land use, but is consistent with other policies of the Southside Area Development Plan. Potential Housin~ Density: Both the "B- 1" and "B-4" Districts permit a residential density of 36.30 dwelling units per acre or 33 units on the subject property. Approval of the change of zoning will not affect the permitted residential density. Height/Bulk/Setbacks/Etc.: Both "B-I" and "B-4" Districts required a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district where a setback often (10) feet would be required. A setback often (10) feet will be required from the subject property's north, south and west property lines. Building height in the "B-I" District is limited to 35 feet not to exceed three (3) stories. There are no height limitations in the "B-4" District. Zoning Report Case No. 0801-01 (A-A-A Storage Rodd Field) Page 4 Pros: a) b) c) COILS: a) Signage: The "B-I" and "B-4" Districts permit unlimited wall signs. Freestanding signs in the "B-I" District are limited to one sign with a maximum sign area of forty (40) square feet and a maximum height of twenty (20) feet. In the "B-4" District, freestanding signs located behind the front yard setback are unlimited as to size. height, or number. Freestanding signs within the front yard setback are limited to one sign per street frontage with a maximum sign area of forty (40) square feet and a maximum height of 25 feet. TraffiC: The subject property has direct access to an arterial. Rodd Field Road, that is currently carrying approximately 16,730 vehicles per day. Development of the subject property with a retail establishment would not by itself adversely impact the street system. Parking/Screening: Retail establishments are required to provide one off-street parking space for every 200 square feet of gross floor area. Proof of compliance with the parking will be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates next to a residential district. A screening fence will not be required for the subject property. Costs to City: The infrastructure required to service the subject property is in place and further costs to the City are not anticipated. Platting: The subject property is a portion of a platted and will be required to be platted if it is sold to a separate entity. (Ideas in support of the request.) The requested "B-4" District would be an expansion of the adjacent "B-4" District to the south and east. The subject property has direct access to an arterial without traversing a residential area, which is consistent with the Comprehensive Plan Elements. Existing development would buffer the residential development from the commercial development. (Ideas in support of maintaining the current zoning.) The existing "B-I" District is more consistent xvith the Southside .-M'ea Development Plan's adopted future land use map Zoning Report Case No. 0801-01 (A-A-A Storage Rodd Field) Page 5 Staff Recommendation: Attachments: Approval. Zoning and Ownership Map Ownership List H :\PLN-DIR~ ERMA\WORD~ZONRPTSX0801431CCREPORT.DOC 8--A 9A--4 10--A 9--9 A-I 9A--3 9A--2 IEW ACRES LAKEVIEW PARK R-lB SUBdECT PARCEL A-2 B-4 F-R B-4 13-4 X See Comments on Page(s) - Property Owner in Favor - Property Owner Opposed ,Jul 23. 2001 -RP 100 20~ CASE Z0801-01 3O Subject property [~'--l~._~O~ners within 200 ~~c-~feet listed on arrayed 7rship-~list Applicant: A-A-A Storage Rodd Field 1951 Rodd Field 78412 OWNERSHIP LIST CASE NO. 0801-01 Repres:~.~. rove: John Muhich 4203 Spinnaker Austin, Texas 73731-5130 1 Z0801-01 247600180255 LAKEVIEW ASSOCIATES C/O JACK SOLKA 6262 WEBER STE 310 CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FRM GDN TRACT 3.898 ACS OUT OF S/2 LT 25 SEC 18 2 Z0801-01 247600280320 HUNT ENTERPRISES LTD 5350 S STAPLES g403 CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT W 14.017 ACS OUT OF LT 32 SEC 28 3 Z0801-01 415000020130 CORPUS CHRISTI PRTY MGT I % KATHY L KAHN 5531 COUNTY RD 219 SMILEY TX 78159 LAKEVIEW ACRES LT 13 BLK 2 4 Z0801-01 415000020140 RODD FIELD BUSINESS TRUST 4203 SPINNAKER COVE AUSTIN TX 78731 LAKEVIEW ACRES LT 14 BLK 2 5 Z0801-01 415000021300 COUNTY JUDGE NUECES COUNTY COURTHOUSE 901 LEOPARD ST., ROOM 303 CORPUS CHRISTI TX 78401 LAKEVIEW ACRES 5.118 ACS PARK 6 Z0801-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0801-01 415000020140 RODD FIELD BUSINESS TRUST 4203 SPINNAKER COVE AUSTIN TX 78731 LAKEVIEW ACRES LT 14 BLK 2 Z0801-01 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 Z0801-01 LUPITA BESTE BRIGHTON VILLAGE ZONING COORDINATOR P. O. BOX 81531 CORPUS CHRISTI, TEXAS 78468 Z0801-01 TERRY WHITE BRIGHTON VILLAGE NEIGHBORHOOD ASSN. 2514 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78415 Z0801-01 ROGER KOEPKE WOOLDRIDGE CREEK NEIGHBORHOOD ASSN., INC. 5906 GOLDEN CANYON CORPUS CHRISTI, TEXAS 78414 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-01 A-A-A Storage Rodd Field FAVOR OPPOSED (Note: The listed numbers correspond to the attached map.) II. Notices returned from within the 200-foot notification area: Favor: None. Opposition: 1) Lakeview Associates by Jack Solka, General Partner, 6262 Weber, Ste. 310 No written comment. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN- DIR\ERMA\WORD\COMM DATAX0801-01 COMMENTS.DOC q Planning Commission Minutes August l. 2001 A-A-A Storage Rodd Field: 0801-01 REQUEST: "B-I" Neighborhood Business District with a Special Permit to "B-4" General Business District on Lakeview Acres, Block 2. being 0.919 acre of Lot 14 and located on the west side of Rodd Field Road. approximately 600 feet north of Holly Road Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The subject property, is part of a tract of land zoned a "B-I" District containing 29.85 acres. This district extends north toward South Padre Island Drive and is predominantly undeveloped. There is a tract of land zoned a "B-I" District and developed in conjunction with the adjacent "A-I" District. The development consists of an apartment complex. Another "A-I' District tract located northeast of the subject property contains 12.5 acres and is developed with townhomes. An "A-2" District to the east of the subject property contains 6.89 acres and remains undeveloped. The "B-4" District to the southeast contains 47.58 acres and is predominantly undeveloped. The developed portion of this "B-4" District occurs closer to Saratoga Boulevard. Adjacent to the west, is an area zoned an "R-lB" District and predominantly developed with single-family residential. The applicant has requested a change of zoning from a "B-I' Neighborhood Business District to a "B-4" General Business District in order to market the property for a better use. The subject property is abutting a "B-4" District on the south and east and has direct access to an arterial. Rodd Field Road. On the north side of the subject property, there is an existing mini-storage facility and its proposed expansion abuts the subject property on the west. North of the mini-storage facility, there is an existing apartment complex that abuts vacant land to the north. West of the mini-storage expansion, the area is zoned an "R-IB" One-family Dwelling District and developed with single- family residential. Expanding the "B-4" District onto the subject property will not impact these residential areas since the existine mini-storage facility is a Iow-impact use located between the subject property and the residences. It is Staff's opine'on that the -B-4" District should not encroach any fi~rther north unless the area has direct access to South Padre Island Drive or is in that corridor that the Southside Area Development Plan recommends to develop with general commercial uses. Staffrecommends approval of the rezoning requests. Mr. Saldafia said there were six (6) notices mailed to property owners within a 200-foot radius, of which none were received in favor and one (1) was received in opposition. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGIoim Mr. Saldafia said that the same owner as the mini-storage business owns the subject property. He added that the mini-storage is in compliance with the Special Permit issued in June 1999. Mr. Saldafia responded to Commissioner Amsler by saying that the applicant proposes to sell the property. Commissioner Amsler said that changing the zoning is not viable without knowing what will be developed on the property. Mr. Saldafla said that Staff considers the worst case scenario when considering rezoning requests. The worst case scenario for the subject property would be a bar. Commissioner Richter asked Staff not to consider limiting "B-4" Districts along Rodd Field Road, which is a major arterial. Mr. Saldafia said that staffwas considering limiting "B-4" District on property abutting residential. Vice Chairman Mims requested Staff to include in the City Council Report that the Commission supports "B-4" District when it is along a major arterial. Motion by Sween-McGIoin. seconded by Salazar, to approve the rezoning request. Motion passed with Smith being absent. APPLICANT'S REQUEST AN ORDINANCE PLANNING COMMISSION AND STAFF'S RECOMMENDATION AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A-A-A STORAGE RODD FIELD, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.919 ACRE OF LOT 14,BLOCK 2, LAKEVlEW ACRES, FROM "B-I" NEIGHBORHOOD BUSINESS DISTRICT WITH A "SP" SPECIAL PERMIT 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 A-A-A Storage Rodd Field for amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 1, 2001, dudng a meeting of the Planning Commission, and on Tuesday, September 11,2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ali 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 0.919 acre of Lot 14, Block 2, Lakeview Acres, located on the west side of Rodd Field Road approximately 600 feet north of Holly Road, from "B-1" Neighborhood Business District with a "SP" Special Permit to "B-4" General Business District. Metes and bounds description 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:~LEC--DIR~DOYLEDCURTIS~MYDOCS~Q0 I~P&ZORD0 I~ZONING.ORD~OOYLEC~.001~Z08010 lA. 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 (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 11t~ day of September, 2001. All'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti APPROVED AS TO LEGAL FORM AUGUST 29, 2001 James R. Bray, Jr. City~'~rney--~ /7 /'i/ - ~Doyle Dt~urtis ~ - Senior A%sistant City Attorney H:~.EG-DIR~DOYLEDCURTIS~/IYDOCS~2001~P&ZORD0 I~ZONING.ORD~DOYLEC~.001~Z08010 lA.DOC /2, BAll & WI;t-IH £NC,:NI~IRINO Auou~ 29, 2001 FIELD NOTE DESCR]PT :ON Being a Iraot rdtuaild in C43q3u~ Chrigd, Nueces C.~. Texas a ;~]on of Lot 14. BlOCk 2. ~ Ac~e, shown on the ~ thereof mc~xded in Volume 46 at Pa~e ' :. of Ihe MaI~ R___~cc~ls_ of Nueces Cmmty, Texal, al~ ~ mo~e pallicularty described by ~ eno bo~c~8 as fotlow~: Begtf~ll~ at the soutfmloM comer ot Lot 14 for the southmost .'~mer of ~ ti-ecL THENCE N 61 ® 0O' 00' W ak3~g the 14:mU/1we~ tifll ot Lot 14 El d;"~anc~ Ot :~1.00 ~'eet lo & DOIOt for t~ ~ THENCE N 28' 57' 30" E across a pe~liofl of L~t 14 a distance .. 182.00 fe~t to e polnl fGr ttm norlt~ coma~ ~ tN8 tract; THENCE S 61' 00' O~ E a distance o/220.00 fe~ to a p~ot in ~h,*, soulhea~ Frae of LOt 14 ~ ~ ~ ~ of MIs tract, said I:x:~im lying in ~ m~rlllv, Aes~ n~,T,,-of.-way line o; ~o~1 Flatd ~; THENCE S 28' 57' 30' W along the Io~heast I;~ of LOt 14 an _- florlJu~m~t f~ht-of-way line of Rodd Roael a ~nce of 182.00 feet Io the POINT OF BEGINNING fo~ming a tra~ efllbrac~rlg 40,040 ~ (0.919 acres). [gg10o-2.MlB] EXHIBIT A 21 - T r AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 11, 2001) Case No. 0801-02, Irme's Skin Care Clinic: A change of zoning fi.om an "AB" Professional Office District to a "B-I' Neighborhood Business District on Sunnyside Strip, Lot 10 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. Planning Commission's Recommendation (08/01/01): Approved. Staff's Recommendation: Denied. Requested Council Action: Approval of the "B-I" Neighborhood Business District and adoption of the attached ordinance. Purpose of Request: To allow retail sales of skin care products and jewelry and increased signage. Summary: The applicant requested a change of zoning from an "AB" Professional Office District to a "B-l" Neighborhood Business District in order to include the retail sales of skin care products and jewelry and increased signage. The "AB" District does not permit the storage of merchandise or retail sales and allows only one (1) 20 square foot wall sign. The subject property is located among a series of lots zoned an "AB" District and developed with permitted uses, i.e., dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, and Jacquelyn Drive, a local residential street, and backs up to an established residential area. Approval ofa "B-I" District on the subject property would set a precedent for rezoning similarly located "AB" District properties within the same block. Future rezoning of multiple properties to "B-I" District could disrupt the nonobtrusive nature of existing businesses. In August 1995, a lot located north of the subject property, approximately 450 feet north of Harry Street, was granted a change of zoning fi.om an "R-lB" One-family Dwelling District to a "B-i" District. In August 2000, a "B-lA" District on the adjacent lot to the north was approved. In 1999, approximately 200 feet north of Harry Street, three (3) lots were denied a change of zoning to a "B-I" District but were granted an "AB" District with a Special Permit for a consignment store. The area between Harry Street and South Alameda has been transitioning from residential to nonresidential uses. The area between Harry Street and Jacquelyn Drive has remained constant for the past fil~een (15) years. "B-i" District permitted uses would also increase the traffic that could impact the existing school and community center across Everhart Road to the west. The applicant believes the business would not be able to survive without additional signage and retail sales. The applicant has considered the option of a Special Permit for retail sales but they will continue to be restricted by the "AB" District sign regulations. Each business may have one (1) square foot identification wall sign in addition to a 20 square foot wall sign for the premise. The subject property has an existing 20 square foot wall sign for one of the other tenants. Therefore, the applicant is not allowed to have another wall sign that exceeds one square foot. An "AB" Conditional Sign Permit, if approved by the Commission, would permit a 20 square foot freestanding sign in lieu of a wall sign that all tenants could potentially use. Applicant's Position: The applicant concurs with Planning Commission's recommendation. The Planning Commission vote in favor of the ~B-I" District was unanimous. Notification: Prior to the date of this memorandum, twenty-four (24) notices were mailed to the property owners within a 200-foot radius, of which three (3) were returned in favor and three were returned in opposition. The subject property owner also submitted a notice in favor. The 20% rule is in effect requiring seven (7) votes to approve the rezoning. Michael N. Gunning, AICP Director of Planning Agenda Memorandum Case No. 0801-02 (Irme's Skin Care Clinic) Page 2 MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planmng commassion Minutes 4) Ordinance Pages Pages Pages Pages 3-11 12-16 17-18 19-20 H:~PLN-DIR\ERMA\WORD~AGENDMEM\0801-02AGENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location 0801-02 August 1, 2001 91-5 (I16C) Irme's Skin Care Clinic Sunnyside Strip, Lot 10 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquetyn Drive. 0.389 acre (16,942 square feet) Same as above. "AB" Professional Office District "B-I" Neighborhood Business District Office and skin care business. To expand and to allow retail sales of skin care products and j ewel_ry. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Not applicable. Zoning Change Requested Due to Notice of Violation: · Adjacent Zoning: North, South - "AB" Professional Office District East, West- "R-lB" One-family Dwelling District Adiaeent Land Use: North, South - Dental offices. East - Single-family residences. West - (across Everhart Road) Private school and center. Zoning Report Case No. 0801-02 (Irme's Skin Care Climc) Page 2 Number of Residential Units Allowed: "AB" 14 units (36.30 dwelling units per acre) "B-I" - 14 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 3,049 square feet of gross floor area = 124 average ~veekday vehicle trip ends. Adiacent Streets/Classification: a) Everhart Road - arterial. Right-of-Way Design Current: a) 80-foot fight-of-way with a 48-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekdav~ non-directional): a) 20,380 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In January 1998, Lot B-4, South Staples Center, located on the east side of Everhart Road, on the north side of South Staples Street and south of the subject property, was denied a change of zoning to an "I-2" District, and in lieu thereof, was granted a Special Permit for a resistor plant. In September 1998, Lot 1, Block 32, Pope Place 5, located on the northwest comer of Harry Street and Everhart Road, northwest from the subject property, the Planning Commission denied a change of zoning from an "R-lB" District to an "R-2" District. In November 1998, the applicant withdrew the request. Zoning Report Case No. 0801-02 (Irme's Skin Care Clinic l Page 3 Zoning Inventory: The subject property is par~ of a 7.27-acre tract o f land zoned an "AB" District that is developed with a mixture of offices and beauty shops. To the east, there are 2,496 acres ofland zoned an "R-lB" District and developed with single-family residences. West of the subject property, there is a 3.08- acre tract of land that is zoned an "R-lB" District and developed with a private school and community center. South of the subject property, there are 89 acres of land zoned a "B-4" District that are developed with mixture of restaurants, offices, retail stores, and a manufacturing facility with a Special Permit. There are three (3) tracts of land that are zoned a "B-I" District of which one tract contains 0.39 acre and developed with lift station, another tract contains 0.48 acre and is part ora retail establishment, and the third tract contains 1.17 acres and is developed with an auto repair facility and a driving school. Planning Staff Analysis: General Characteristics and Backm'ound: The applicant requested a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District in order to include the retail sales of skin care products and jewelry and increased signage. The "AB" District does not permit the storage of merchandise or retail sales and allows only one (1) 20 square foot wall sign. The subject property is located among a series of lots zoned an "AB" District and developed with permitted uses, i.e., dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, and Jacquelyn Drive, a local residential street, and backs up to an established residential area. Approval ora "B~I" on the subject property would set a precedent for rezoning similarly located "AB" properties within the same block. Future rezoning of multiple properties to "B-1" could disrupt the nonobtrusive nature of existing businesses. In August 1995, a lot located north of the subject property, approximately 450 feet north of Harry Street, was granted a change of zoning from an "R-lB" One-family Dwelling District to a "B-I" District. In August 2000, a "B-lA" District on the adjacent lot to the north was approved. In 1999, approximately 200 feet north of Harry Street, three (3) lots were denied a change of zoning to a "B-I" District but were granted an "AB" District with a Special Permit for a consignment store. The area between Harry Street and South Alameda has been transitioning from residential to nonresidential uses. The area between Harry Street and Jacquelyn Drive has remained constant for the past fifteen (15) years. "B-1" District permitted uses would also increase the traffic that could impact the existing school and community center across Everhart Road to the west. The applicant believes the business would not be able to survive without additional signage and retail sales. The applicant has considered the option ora Special Permit for retail sales but they will continue to be restricted by the "B-I" District sign regulations. Each business may have one (I) square foot identification wall sign in addition to a 20 square foot wall sign for the premise. The subject property has an existing 20 square toot xvall sign for one of the other tenants. Therefore, the applicant is not allowed to have another wall sign that exceeds one square Zoning Report Case No. 0801-02 (Irme's Skin Care Clinic) Page 4 foot. An "AB" Conditional Sign Permit, if approved by the Commission, would permit a 20 square foot freestanding sign in lieu of a wall sign that all tenants could potentially use. · Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I' District due to its direct access to an arterial without traversing a residential area. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office uses. The requested "B-I" District not consistent with the Plan's recommended land use. Potential Housing Density: Both the "AB" and "B-I" District permit a residential density of 36.30 dwelling units per acre or 14 units on the subject property. Approval of the "B-I" District will not affect the residential density of the area. Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-I" Districts require a front yard setback of twenty (20) feet and a side and rear yard often (10) feet each in the "AB" District and no side or rear yard in the "B-I" District unless adjacent to a residential district. If adjacent to a residential district, a setback often (10) feet is required along that residential adjacency. Buildings in the "AB" and "B-I" Districts are limited to a height of three (3) stories with the "AB" District allowing 45 feet and the "B-I" District allowing 35 feet. Signage: Signs in the "AB" District are limited to one wall sign with an area not to exceed twenty (20) square feet and each business may have a one square foot identification wall sign. However, with Planning Commission approval, one freestanding sign with a height of fifteen (15) feet and an area of twenty (20) square feet in lieu of the wall sign may be permitted. The "B-I" District permits unlimited ~vall signs and one freestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: Approval of the requested "B-I" District xvill allow retail establishments as well as fast-food restaurants that xvill increase the amount of traffic in the area. However, the subject property does have direct access to an arterial that is designed to carry large volumes of traffic. The potential increase in traffic may not impact the street system, but it will affect the adjacent uses, especially the private school and community center across Everhart Road to the west. Parking/Screening: A retail establishment is required to provide off-street parking at a rate of one parking space for each 200 square feet of gross floor area. The 3,049 square foot building will be required to provide at least sixteen (16) off-street parking spaces. Compliance with the parking regulations will be enforced during the permitting phase of the project. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A standard screening fence will be required along the east property line. Zoning Report Case No. 0801-02 (Irme's Skin Care Climc) Page 5 Pros: a) b) COBS: a) b) c) Staff Recommendation: Attachments: Costs to Cit~: All of the infrastructure require to service the subject property, is in place and no costs to the City are anticipated. Platting: The subject property contains a platted lot and a portion of a lot and further replatting is not required. (Ideas in support of the request.) The subject property has direct access to an arterial without traversing a residential area. The area between S. Staples Street and S. Alameda Street has been trans:t~oning to retail uses. (Ideas in support of maintaining the current zoning.) The existing "AB" District is more consistent with the Southeast Area Development Plan's adopted future land use map. The enclave where the subject property is situated has remained constant as professional office uses. Approval of a "B-1" District will domino onto the adjacent tracts. Denied. Zoning and Ownership Map Ownership List H:\P LN -D IRXERMA\WO RD~ZON RPTS',080 [ 432CC R E PORT.DOC 2 B-4 R-IB/SP 4 EVERHART EVERHART TERRACE 10 8 ,ISLEY D 1 12 PLAZA Aug g, 2001 -- RP 0 100 ;00 CASE Z0801-02 I .R.C. B-4/SP/9 -02 SOUTH STAPLES CENTER B--4,  - Property Owner in Favor E Property Owner Opposed See Comments on Page(s) /,g--lO Subject property Owners within 200 feet listed on attechad o~nershib list OWNERSHIP LIST Case No. 0801-02 Applicant: Irme's Skin Care Clinic c/o Irma Ornelas 745 Everhart Road, Ste. B 78411 1 Z0801-02 160300010010 PEREZ JOSE G ET UX ROSALINDA O 738 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 1 BK I 2 Z0801-02 160300010020 GARCIA JUAN MANUEL ET UX 734 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 2 BK 1 4 Z0801-02 160300010040 SERRATO JOSE ET UX 726 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE L4 BK1 5 Z0801-02 160300010050 MARTiN COY D 722 SAM STREET CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 5 BK 1 7 Z0801-02 160300010070 SHROYER FRED ALVIN 714 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 7 BK I 8 Z0801-02 160300010080 GONZALEZ MANUEL EDUARDO E LAURA 710 SAM CORPUS CHRISTI TX 78412 CLAREMONT PL L 8 B 1 BK 1 10 Z0801-02 160300020010 LEAL JACOB AND MICHELLE DENISE GONZALES 729 SAM STREET CORPUS CHRISTI TX 78412 CLAREMONT PLACE LTI BK 2 11 Z0801-02 160300020020 KNESEK FRANK 725 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 2 BK 2 13 Z0801-02 160300020040 R. AMIREZ HILARIO F 717 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 4 BK 2 14 Z0801-02 160300020050 HARTLEY CAROL L 713 SAM ST CORPUS CHRiSTI TX 78412 CLAREMONT PLACE LT 5 BK 2 16 Z0801-02 628000010030 CITY OF CORPUS CHRISTI PAISLEY TRACT LT B-2 BLK 17 Z0801-02 628000010040 STAPLES SERGI LP 1800 BERING SUITE 495 HOUSTON TX 77057 PAISLEY TRACT LTD BK I 3 Z0801-02 160300010030 ROSAS JESUS E ET UX 730 SAM CORPUS CHRISTI TX 78412 CLAREMONT PL LT 3 BK 1 6 Z0801-02 160300010060 JIMENEZ ANDREA 3905 LA TONIA CT BAKERSFIELD CA 93313 CLAREMONT PLACE LT 6 BK I 9 Z0801-02 160300010090 WO HOSSON 7861 ETIENNE CORPUS CHRISTI TX 78414 CLAREMONT PLACE LT 9 BK 1 12 Z0801-02 160300020030 HOHM ROBT P 721 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 3 BK 2 15 Z0801-02 160300020060 HUFFSTUTLER CHARLES R 709 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 6 BK 2 18 Z0801-02 628000010050 JEWISH COMMUNITY COUNCIL 750 EVER_HART RD CORPUS CHRISTI TEXAS PAISLEY TRACT LT E BK I q Ownerslup List Case No. 0801-02 (Irme% SkmCareClimc) Page 2 19 Z0801-02 789700000010 ANTHONY DONALD R DR 737 EVERHART CORPUS CHRISTI TX 78411 737 EVERHART CONDOMINIUMS UNIT 1 8: 20.8% INTEREST IN GEN. COMMON ELEMENTS, OUT OF SUNNYSIDE STRIP LT 7A, 8A & 9 22 Z0801-02 856200000130 CAREY RALPH H 29 HEW1T DR CORPUS CHRISTI TX 78404 SUNNYSIDE STRIP LT 13 24C Z0801-02 789600000060 CATALYST 700 EVERHART TERRACE, STE CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT F-1 & 3.0224 PERCENrr INT IN GCE STE l 24C Z0801-02 789600000047 JOHNSON ALICE KING ESTILL 4022 LOWMAN STREET CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT D-2 & 3.9528 PERCENT INT IN GCE STE 2 24C Z0801-02 789600000075 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT G-2 & 5.1292 PERCENT INT IN GCE 24C Z0801-02 789600000090 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT J-I & 5.3633 PERCENT INT IN GCE 2O Z0801-02 856200000060 MC NEIL MICHAEL TR CRISTEN L&MICHELLE M CARE 525 DODDRIDGE CORPUS CHRISTI TX 78411 SUNNYSIDE STRIP LT 6A 22 Z080D02 856200000140 CAREY RALPH H 29 HEWIT DR CORPUS CHRISTI TX 78404 SUNNYSIDE STRIP LT 14A 24C Z0801-02 789600000040 JOHNSON ALICE KING ESTILL 4022 LOWMAN STREET CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVER_HART TERRACE UNIT D-1 & 4.901 PERCENT INT 1N GCE 24C Z0801-02 789600000025 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT B-2 & 4.4477 PERCENT INT iN GCE 24C Z0801-02 789600000080 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT H-1 & 9.3932 PERCENT 1NT IN GCE 24C Z0801-02 789600000095 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 7841l SEVEN HUNDRED EVERHART TERRACE UNIT J-2 & 3.5558 PERCENT INT iN GCE 21 Z0801-02 856200000120 BOSS FAMILY PARTNERSHI? L 13722 THREE FATHOMS BANK CORPUS CHRISTI TX 78418 SUNNYSIDE STRIP SW/2 OF LT 11 & ALL LT 12 23 Z0801-02 856200000145 GARZA DIONICIO JR ETUX ESPERANZA GARZA 817 EVERHART CORPUS CHRISTI TX 78411 SUNNYSIDE STRIP LTS 14-B & 15 24C Z0801-02 789600000045 JOHNSON ALICE KING ESTILL 4022 LOWMAN STREET CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERItART TERRACE UNIT D-2 & 2.2046 PERCENT INT IN GCE STE 1 24C Z0801-02 789600000070 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT G-1 & 4.4654 PERCENT INT IN GCE 24C Z0801-02 789600000085 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT H-2 & 9.3932 PERCENT INT IN GCE 24C Z0801-02 789600000055 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTI 4601 CORONA CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT E-2 & 3.7217 PERCENT INT IN GCE /O ' ! r Ownersh~pList Case No. 0801-02 (Irme's Skin CareClinicl Page 3 24C Z0801-02 789600000065 COBB R_A. LPH AND WAYNE A LU'NDQUIST JR 700 EVERI-I~RT TERRACE CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT F-i & 3.5498 PERCENT INT IN GCE, SUITE 2 24C Z0801-02 789600000020 TIMM JOHN T 700 EVERHART STE B-11 CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT B-I & 5.1855 PERCENT 1NT IN GCE 24C Z0801-02 789600000050 DEWAR ALEC TRUST #2 ET AL C/O MTRUST CORP N.A. PO BOX 900 CORPUS CHRISTI TX 78403 SEVEN HUNDRED EVERHART TER1L*CE UNIT E-1 & 1.4430 PERCENT INT IN GCE STE 1 SP Z0801-O2 856200000100 WHITT RICHARD P O BOX 6068 CORPUS CHRISTI TX 78466 SUNNYSIDE STRIP LT I0 & NE/2 OF LT 11 24C Z0801-02 789600000010 BOY SCOUTS OF AMERICA, GULF COAST COUNCIL P O BOX 6850 CORPUS CHRISTI TX 78466 SEVEN HUNDRED EVERHART TERRACE UNIT A-I & 11.4970 PERCENT INT IN GCE 24C Z0801-02 789600000030 WEST JOSEPHINE L!aMITED 31 LAKESHORE CORPUS CHRISTI TX 78413 SEVEN HUNDRED EVER/-IART TERRACE 62 PERCENT UNDIV INT IN UNIT C-1 & 5.3781 PERCENT INT IN GCE 24C Z0801-02 789600000053 DEWAR ALEC TRUST #2 ET AL C\O MTRUST N.A. PO BOX 900 CORPUS CHRISTI TX 78403 SEVEN HUNDRED EVERHART TERRACE UNIT E-1 & 1.9023 PERCENT INT IN GCE STE 2 Z0801-02 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 24C Z0801-02 789600000015 BOY SCOUTS OF AMERICA, GULF COAST COUNCIL P O BOX 6850 CORPUS CHRISTI TX 78466 SEVEN HUNDRED EVERHART TERRACE UNIT A-2 & I 1.4970 PERCENT INT IN GCE 24C Z0801-02 789600000035 FERRELL THOMAS E 720 EVERHART CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERI-IART TERRACE 38 PERCENT UNDIV INT IN UNIT C-1 & 5.3781 PERCENT 1NT 1N GCE 25 Z0801-02 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 I1 · - FAVOR X - OPPOSED COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-02 Irme's Skin Care Clinic (Note: The listed numbers co~espond to the attached map.) Notices returned from within the 200-foot notification area: II. III. Favor: 21) 24C) 24C) Art Boss, D.D.S. (Boss Family Partnership), 801 Everhart No written comment. Ralph Cobb, 700 Everhart, Ste. F-I 1 No written comment. Thomas E. Fen-ell, Fen-ell/Brown & Associates, Inc., 720 Everhart, Ste. C-11 No written comment. Opposition: 11) Mrs. Frank Knesek, 725 Sam See attached letter. 18) Corpus Christi Jexvish Community Council, 750 Everhart See attached letter. 19) Gary N. Blum, D.D.S., 737 Everhart Road See attached letter. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Richard Whitt, P. O. Box 6068, (Subject Property Owner) No written comment. Opposition: None. H:h° LN - D IR\E RM A\WORD\COM M DATA\0801-02COMM ENTS.DOC lt., ,~- 3 0 2001 CORPUS CHRISTI JEWISH COMMUNITY COUNCIL 750 EVERHART RD. CORPUS CHRISTI, TX 78411 (361) 855-6239 FAX 853-9040 EXECUTIVE DIRECTOR Barry A. Abels AFFIUATED WITH Combined Jewish Appear of Corpus Christi United Way of the Coastal Bend Jewisl3 Community Centers Association July 24, 2001 City Planning Commission P.O. Box 9277 Corpus Chr/sti, Texas 78469-9277 Dear Commissioners; I am writing to your with concern regarding the Zoning Application, Case #0801-02 Irme's Skincare Clinic at 745 Everhart. In all due respect to her, we oppose the zomng change. The Jewish Community Council has been located at this location since 1953. For years this has been know as a professional area nestling in the midst of a residential area. We feel if this area is rezoned as a Retail Business it may produce much more retail activity than is beneficial to the area. An already busy street may suffer from further increases in traffic and accidents due to more frequent entry and exits from business. Please consider our concerns regarding this issue before rezoning this area. Executive Director JUL 3 0 2001 PLA;&;!~4G AND DEVELOPMENT Gary N. Blum, D.D.S., M.S. 737 Everhart Road Corpus Christi, Texas 78411-1995 361.992.7641 July 30, 2001 City Planning Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Sirs: As representative of the 737 Everhart Road Condominium Association, I strongly support denial of the request to rezone the location of Irme's Skincare Clinic (745 Everhart Road) from AB (professional offices) to B-1 (neighborhood business). This area is professional office in character with a day school facility across the street at the Jewish Community Center (750 Everhart Road). Allowing a "Neighborhood Business" location in the area of "Professional Offices" is reminiscent of what in the past was called "spot zoning". We fought that in the past for the same reasons that we object to it today. Changing the zoning for one building location among professionat office space would disturb the character of the area. to the detriment of the existing offices. Many of the offices have patients or clients who are elderly and have a difficult enough time as it is combating the traffic on Everhart Road. A "Neighborhood Business" zone would increase the traffic pattern on an already difficult street. The increase traffic flow would also tend to decrease the safety for the parents and children who attend the J.C.C. Preschool, during after school activities and during the J.C.C. Summer Camp program. A beauty shop can very easily carry out its normal business activities under the designation of "Professional Offices". No chanqe in zoninq is necessary, warranted nor desirable. Yc cooperation in this matter is appreciated. 9rely, ~ry N Blum, D.D.S., MS. Manager, 737 Everhart Road Condominium Association RECEIVED AU8 0 2 2001 el'fy OF CORVUS CHRISTI PLANNING AND DEVELOPMENT Planning Commission Minutes August 1. 2001 Irme's Skin Care Clinic: 0801-02 REQUEST: "AB" Professional Office Development to "B-I" Neighborhood Business District on Sunnyside Strip, Lot l0 and northeast half of Lot ll and located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive Mr. Saldafia presented a slide illustration of the subject property and surrounding area. The subject property is part of a 7.27-acre tract of Iand zoned an "AB" District that is developed with a mixture of offices and beauty shops. To the east, there are 2,496 acres of land zoned an "R-lB" District and developed with single-family residences. West of the subject property,, there is a 3.08-acre tract of land that is zoned an "R-lB" District and developed with a private school and community center. South of the subject property, there are 89 acres of land zoned a "B-4" District that are developed with mixture of restaurants, offices, retail stores, and a manufacturing facility with a Special Permit. There are three (3) tracts of land that are zoned a "B-I" District of which one tract contains 0.39 acre and developed with lif~ station, another tract contains 0.48 acre and is part of a retail establishment, and the third tract contains 1.17 acres and is developed with an auto repair facility and a driving school. The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District in order to expand the existing skin care facility to include the retail sales of skin care products and jewelry. The "AB" District does not permit the storage of merchandise in the building or on the premise. Therefore, retail sales in an "AB" District is not permitted. The subject property is in an area that is zoned an "AB" District and developed with uses permitted in this zoning district, such as dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, without traversing a residential area. However, it does back-up to an established residential area. North of the subject property, approximately 450 feet north of Harry Street, in August 1995, one lot was granted a change of zoning fi.om an . "R-lB" One-family Dwelling District to a "B-I" District and in August 2000, a "B-lA" District on the adjacent lot to the north was approved. However, approximately 200 feet north of Harry Street, in November 1999, three (3) lots were denied a change of zoning to a "B-I" District but were granted an "AB" District with a Special Permit for a consignment store. The area north of Harry Street has been going through a transition fi.om residential to non- residential uses. The area south of Harry Street has remained constant for the past fifteen (15) years. Approval of a "B-I' District would disrupt the quiet, non-obtrusive nature of the existing businesses in this area. A "B-I' District permiixed uses would increase the traffic that could impact the existing school and conununity center across Everhart Road to the west. However, if the business is not able to have retail sales, it will not be able to survive in this area. The applicant has considered the option of a Special Permit for retail sales. The drawback on the Special Permit is that the applicant wilI continue to be restricted by the "AB" District sign regulations. In the "AB" District. the property may contain only one wall sign with an area not to exceed twenty (20) square feet and each business may have a one square foot identification wall sign. The applicant's neighbor, on the same lot. currently has an existing wall sign. Therefore. the applicant is not allowed to have another wall sign that exceeds one square foot. There were 24 notices mailed to property owners within a 200-foot radius of which three (3) were returned in favor and two (2) were returned in opposition. Staffrecommends denial of the rezoning request. Chairman Berlanga opened the public hearing. Irma Ornelas, applicant. 745 Everhart Suite B, gave a brief history of her business and locations. Ms. Ornelas said she applied for rezoning to be able to sell her skin care products and also because she needed more signage. She added that Mr. Richard Whitt, who owns the property, has given her an opportunity to expand her business to 1,700 square feet. Ms. Ome}as distributed photos and presented a computerized slide illustration of her property and the surrounding area. She said that due to her lack of signage, her customers not been able to locate her salon and have been going to a nearby salon for their skin care services. t? Planning Commission Minutes August 1, 2001 Case No. 0801-02 (lrme's Skin Care Clinic) Page 2 Commissioner Salazar suggested that the subject property be given a Special Permit for retail sales and that the applicant could then apply for a Conditional Sign Permit that would allow a 20 square foot sign in lieu ora wall sign. He said that he would also support a "B-I' District. Chairman Berlanga said that the neighborhood is transitioning and that it will eventually evolve into a "B-I" District neighborhood. Commissioner Zamora concurred. Mr. Martin Coy, 722 Sam, asked what type of business would be operating on the subject property. Richard Whitt, 717 Everhart, owner of the subject property, said that Everhart Road traffic is increasing. He compared the subject property with the businesses to the north by saying that the subject property is not a home that has been transformed into a business. He requested consideration of the "B-I" District. Public hearing was closed. Commissioner Sween-McGloin said that the "AB" District needed to be amended to allow for sale of products and signage that will be able to be seen. She continued that she believes that the "AB" District is appropriate for the subject property and that the "B-I" District is not an appropriate buffer for the abutting neighborhood. Commissioner Pusley concurred with Commissioner Sween-McGloin and added that uses allowed in a "B-I" District would not be appropriate for the abutting neighborhood. He said that the "AB" District allows small businesses to be in high traffic areas. After a lengthy discussion reearding whether the applicant would consider a "B41A" Neighborhood Business District, Mr. Whin said that th~"B-IA" District would not be supported. He said that cost of the masonry fence was an issue. He also expressed concern with the possibility that the surrounding properties would not be required to erect a masonry fence and that his property would not be consistent with the area. Mr. Whitt said that he preferred the "B-I" District. Commissioner Richter said that the "B-1A" District would be successful if the entire block were rezoned. Motion by Salazar, seconded by Zamora, to approve a "B-I" Neighborhood Business District. Motion passed with Amsler, Bertanga, Mims. Salazar, and Zamora voting "Aye"; Pusley, Richter, and Sween-McGloin voting "Nay"; and Smith being absent. APPLICANT'S REQUEST PLANNING COMMISSION'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY IRME'S SKIN CARE CLINIC, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 10 AND NORTHEAST HALF OF LOT 11, SUNNYSIDE STRIP, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Irme's Skin Care Clinic 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, August 1,2001, during a meeting of the Planning Commission, and on Tuesday, September 11, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that 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 10 and northeast half of Lot 11, Sunnyside Strip, located on the east side of Everhart Road approximately 225 feet north of Jacquelyn Drive, from "AB" Professional Office District to "B-1" Neighborhood Business District. SECTION 2, That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to3 the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~LEG*DIR\DOYLEDCURTISWIYDOCS~2001\P&ZORD0 I~ZONING.ORD\DOYLEC~001~Z080102A.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 (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 11th day of September, 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 August 29, 200'1 James R. Bray, Jr. Doyle D('./~urtis Senior Assistant City Attorney H~LEG-D~R\D~YLED~URT~v1YD~CS~1\P&Z~RD~1~Z~N~NG~RD\D~YLEC~1~Z~8~1~2A~D~C 22 City of Corpus Christi September 6, 2001 TO: THRU: FROM: SUBJECT: Honorable Mayor and City Council Members George C. Noe, Deputy City Manager Michael N. Gunning, Director ofelannln~ ,//~4~ Tabled Zonin~ Case No. 0701-03 (Alfonso G. Benavides) On August 21, 2001, the City Council reviewed the above referenced zoning case for a change of zoning fi.om an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District. The subject property is located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle. After hearing testimony from the applicant, the Council tabled the zoning request to allow time for the Planning Staff and the applicant to meet to discuss an "AB" Professional Office District with a Special Permit for a bakery. A proposed Special Permit to allow the bakery and rezoning to an "AB" District to permit a 20 square foot wall sign was drafted (Ordinance attached) and discussed with the applicant. The applicant indicated that the "B-I" Disthct is prefelTed over the "AB" District with a Special Permit in that a "B-I" District permits the bakery use as well as a free standing sign not to exceed 40 square feet. The Planning Commission recommended on an 8-1 vote, the approval of the "B-I" District. If the City Council does not support the "B-I" District, the applicant would be willing to accept an "AB" Disu-ict with the Special Permit H:\PLN-DIRhERMA\WORD~AG ENDMEM\07014)3CCM EMO DOC AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 21, 2001) Case No. 0701-03~ Alfonso G. Benavides: A change of znning from an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle. Planning Commlasion's Recommendation (07/18/01): Approved. Staff's Recommendation: Denied. Requested Council Action: Approval of the "B-I" Neighborhood Business Dis~ct and adoption of the attached ordinance. Purpose of Request: For a specialty bakery. Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business DisU'ict in order to open and operate a cake specialty bakery within the existing residence. The applicant also plans to provide a few seating places for waLk-in customers. The subject property is located in an area that is zoned for and predominantly developed with single-family residences. Access to the subject property is from Leopard Street, an arterial, with no direct access to a local residential street. There is a median in front of the subject property with median openings approximately 220 feet to the west and 650 feet to the east. With no median opening, traffic access from Leopard Street is limited. A "B-I" District would not be appropriate in the middle of a residential area, especially with the permitted uses of restaurants and 24-hour convenience stores. A "B-I" Distxict with this type of access would be more appropriate if the area were not developed with single-family residences. Adjacent to the east of the subject property, there is a vacant lot. If "B-I" Dis~-ict were approved, it would set a precedent for reznning of adjacent vacant lots. A Special Permit could be considered but the consequences would be the same as previously stated. Therefore, Staff cannot recommend the "B-I" District nor a Special Permit for a bakery shop. Applicant's Position: The applicant concurs with Planning comrmssion's recommendation. Notification: Prior to the date of this memorandum, fourteen (14) notices were mailed to the property owners within a 200-foot radius, of which three (3) were returned in favor and one (1) in opposition. One (1) notice in opposition was also received from outside the notification area. The 20% rule is not in effect. unning, AICP Director of Plaaning MG/MS/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Pages 10-11 4) Ordinance Pages 12-13 H:~PLN.DIR\ERM A\WORD~AGEN DM EM\0701-03 AGEN DAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0701-03 July 18,2001 56-12 (LllC) Alfonso G. Benavides Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the south side of Leopard street, approximately 220 feet east of Roundtree Circle. 0.702 acre (30,599 square feet) Same as above. "R- 1B" One-family Dwelling District "B-1" Neighborhood Business District Single-family residence. Specialty bakery - cakes. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Surrounding area - "R-lB" One-family Dwelling District Adjacent Land Use: North - (across Leopard Street) Single-family residences. South, West - Single-family residences. East - Undeveloped land. Zoning Report Case No. 0701-03 (Alfonso G. Benavides) Page 2 Number of Residential Units Allowed: "R-lB" - 5 units (7.26 dwelling units per acre) "B-I" - 25 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail - 21.30 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,650 square feet of gross floor area = 35 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Leopard Street - arterial Right-of-Way Design Current: a) 120-foot right-of-way with 2, 37-foot wide pavement area with a 26-foot wide median. Planned: a) Same as above, except with curb, gutter and sidewalks along the sides. 1996 Traffic Count (24-hour~ weekdav~ non-directional): a) 15,530 vehicles per day (at Turkey Creek crossing) Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: The has been no rezoning activity in the area within the past five (5) years. Zonin Inventory: The subject property is part of an area containing 1,436 acres, zoned an "R-lB" DisU-ict and predominantly developed with single-family residences. Northeast of the subject property, there are 144 acres of land zoned a "B-4" District and developed with retail and restaurant uses. NoFthwest of the subject property, there are two (2) tracts of land zoned an "AB" District containing 2 acres and developed with an office and a child care center. Zoning Report Case No. 0701-03 (Alfonso G. Benavides) Page 3 Planning Staff Analysis: General Characteristics and Background. The applicant has requested a change of zoning from an "R-1B" One-family Dwelling District to a "B-I" Neighborhood Business District in order to open and operate a cake specialty bakery within the existing residence. The applicant also plans to provide a few seating places for walk-in customers. The subject property is located in an area that is zoned for and predominantly developed with single-family residences. Access to the subject property is from Leopard Street, an arterial, with no direct access to a local residential street. There is a median in front of the subject property with median openings approximately 220 feet to the west and 650 feet to the east. With no median opening, traffic access from Leopard Street is limited. A "B-1" District would not be appropriate in the middle of a residential area, especially with the permitted uses of restaurants and 24-hour convenience stores. A "B-I" District with this type of access would be more appropriate if the area were not developed with single-family residences. Adjacent to the east of the subject property, there is a vacant lot. If "B-I" District were approved, it would set a precedent for rezoning of adjacent vacant lots. A Special Permit could be considered but the consequences would be the same as previously stated. Therefore, Staff cannot recommend the "B-i" District nor a Special Pemfit for a bakery shop. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-1" District because of the subject property's direct access to an arterial without traversing through a residential neighborhood. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. The requested "B-i" District is not consistent with the Plan's recommended land use. Potential Housing Density: The "R-IB" District permits a density of 7.26 dwelling units per acre or five (5) units on the subject property. A "B-i" District permits a density of 36.30 dwelling units per acre or 25 units on the subject property. The increase in density will not adversely impact the adjacent street system, but it will impact the adjacent single-family uses. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. A "B-I" District requires a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district where a setback often (10) feet each would be required. If the rezoning is approved, the subject property would be required to maintain a setback often (10) feet from its south, east and west property lines. Both the "R-lB" and "B-I" Districts limit the building height to 35 feet not to exceed three (3) stories. Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed one square foot. Approval of a Special Permit cannot allow an increase in sign area. The Zoning Report Case No. 0701-03 (Alfonso G. Benavides) Page 4 "B-1' District permits unlimited wall signs and one freestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: The subject property has direct access to an arterial, Leopard Street, that is carrying over 15,000 vehicles per day. The amount of traffic generated by the proposed bakery will have minimal impact on the street system. Parking/Screening: A bakery use is treated the same as a restaurant which is to require one off-street parking space for each 100 square feet of gross floor area. The existing structure of 1,650 square feet would require seventeen (17) off-street parking spaces. If a Special Permit is approved, the SP could reduce or increase the required number of parking spaces. A standard screening fence with a height of not less than six (6) feet would be required when a business or industrial use locates adjacent to a residential district. The subject property will be required to contain a standard screening fence along it south, east and west property lines. Costs to City: All of the infrastructure required to serve the subject property is in place and no additional costs to the City are anticipated. Platting: The subject property is a portion of a larger lot and will be required to replat before any building permits will be issued. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial without traversing residential area. b) The area across Leopard Street is planned to develop with commercial uses. Cons: (Ideas in support of maintaining the current zoning.) a) The subject property is recommended by the Northwest Area Development Plan to develop with Iow-density use and retain its "R-lB" District designation. b) The subject property in the middle of a developed single-family area. c) Approval of the rezoning would domino onto the vacant lot adjacent to the east. Staff Recommendation: Denial. Attachments: Zoning and Ownership Map Ownership List Northwest Area Location Map H 5PLN.DIR\ERMA\WORD~ZON RPTS\0701-03REPORT.DOC R IB SUBJEC' 5 9 12 13 2O 11 1 0--9 PRINCESS DRIVE: ROLLING · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) Jul 11, 2001 -- HK ~ Subject property 0 C 200 )0 ! ~ ~ mmm~ ~ Owners within 200 feet listed on ott(]ched ownership list CASE Z0701-03 -~ _,~ /~) 7 Applicant: Alfonso G. Benavidez 147 Wellwood, 78410 l Z0701-03 747000000150 MAIDEN GALLEY G ET UX 9975 LEOPARD CORPUS CI-[RISTI TX 78410 ROLLING ACRES LT 15 & .85 AC OUT OF W/2 LT 16 OWNERSHIP LIST CASE NO. 0701-03 2 Z0701-03 747000000160 L L HARRIS WHLSE GROCERY P O BOX 4725 CORPUS CHRISTI TX 78469 ROLLING ACRES .85 AC OUT OF E/2 LT 16 3 Z0701-03 747000000170 AHRENS JOSEPH PATRICK 9981 ROUNDTREE CORPUS CHRISTI TX 78410 ROLLING ACRES LT 17A 4 Z0701-03 747000000175 MCCAIN DAVID EUGENE ET U'X ROBERTA GAIL 9985 ROUNDTREE CIRCLE CORPUS CHRISTI TX 78410 ROLLING ACRES LT 17B 5 Z0701-03 747000000180 DOWNING W R 702 W PRINCESS CORPUS CHRISTI TX 78410 ROLLING ACRES LT 18 CEXC E .27 AC) .913 AC 6 Z0701-03 747000000195 TORRE JOSE H ETUX MARIA M TORRE 718 PRINCESS CORPUS CHRISTI TX 78410 ROLLING ACRES LT 19A 7 Z0701-03 747000000200 ISENSEE GRADY 746 PRINCESS CORPUS CHRISTI TX 78410 ROLLING ACRES .97 AC OUT OF LT 20 8 Z0701-03 747000000205 JAMES HERMAN K ET UX 740 PRINCESS CORPUS CHRISTI TX 78410 ROLLING ACRES LT 20B 9 Z0701-03 747000000210 GAP, I, KEVIN AND ETHEL ANN GARE 830 PRINCESS DR CORPUS CHRISTI TX 78410 ROLLING ACRES 1.215 AC OUT OF LT 21 10 Z0701-03 747000000215 ALLEN ESTHER T 838 PRINCESS CORPUS CHRISTI TX 78410 ROLLING ACRES 1.266 ACS OUT OF LT 2I 11 Z0701-03 747100050020 ALLEN A A ET UX 9902 LEOPARD CORPUS CHRISTI TX 78410 ROLLING ACRES 2 LTS 1 & 2 BK 5 LESS POR TO ROW 12 Z0701-03 747100050030 BASALDUA FRANK ET UX IRMA 9906 LEOPARD CORPUS CHRISTI TX 78410 ROLLING ACRES 2 LT 3 BK 5 LESS POR TO ROW 13 Z0701-03 747100050040 DOLEZAL GEORGE 9918 LEOPARD CORPUS CHRISTI TX 78410 ROLLING ACRES 2 LTS 4 & 5 BK 5 LESS POR TO ROW 14 Z0701-03 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0701-03 747000000160 L L HARRIS WHLSE GROCERY P O BOX 4725 CORPUS CHRISTI TX 78469 ROLLING ACRES .85 AC OUT OF E/2 LT 16 Z0701-03 SUPERINTENDENT TULOSO-MIDWAY I.S.D. 9760 LA BRANCH CORPUS CHRISTI, TEXAS 78410 Z0701-03 JENNELL RICHTER RECORD STAR P. O. BOX 1192 ROBSTOWN, TEXAS 78380 '7 0 Q N COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0701-03 Alfonso G. Benavides · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 2) 6) 11) Il. III. L. L. Harris, Jr., P. O. Box 4725 No written comment. Jose H. Torte, 718 Princess No written comment. Essie Allen, 9902 Leopard St. No written comment. Opposition: 12) George J. Dolezal, 9918 Leopard St. "There are only several homes remaining in the area. We would like it to stay as is. Businesses like these are only going to trash the little neighborhood. We do not want this potential business from a home to become a bakery business. We have enough of them in the vicinity." Responses received from outside the 200-foot notification area: Favor: None. Opposition: · Rormie and Janet Mclntyre, 10001 Leopard St. No written comment. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN.DIR~ERMA\WORD\COMMDATA\0701-03COMMENTS.DOC Planning commission Minutes (Unapproved) July 18, 2001 Alfonso G. Benavides: 0701-03 REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on property described as Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the south side of Leopard slreet, approximately 220 feet east of Roundtree Circle. Mr. Saldafia presented a computerized slide illustration of the subject property is part of an area containing 1,436 acres, zoned an "R-lB" District and predominantly developed w/th single-family residences. Northeast of the subject property, there are 144 acres of land zoned a "B-4" District and developed with retail and restaurant uses. Noxthwest of the subject prope~t, there axe two (2) tracts of land zoned an "AB" DisUict containing 2 acres and developed with an office and a child care center. The applicant has requested a change of zoinng from an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District m order to operate a cake specialty bakery. It is not the intent of the applicant to sell donuts or other similar items for on-site or off-site consumption. The applicant would like to have a few seating places should someone like to come in and indulge m a slice of cake with a beverage (non-alcoholic). The subject property is located in an area that is zoned for and predominantly developed with single-family residences. Access to the subject property is from Leopard Street, an arterial, with no direct access to a local residential street. Leopard Stxeet has currently undergone an maProvement that included the construction of a median. There is a median in front of the subject property with a median opening approXamately 220 feet to the west and 650 feet to the east. With no direct access from the Leopard Street westbound traffic, the traffic accessing the subject property would be intended for the business instead of drive-by traffic. A "B-1" District would not be appropriate in the middle of a residential area, especially with the permitted uses of restaurants and 24-hour convenience stores. Staffis of the opimon that a "B-l" Disthct with this type of access would be appropriate if the area were not developed with single-family residences. Adjacent to the east of the subject property, there is a vacant lot. If the requested zoning were approved, the "B-I" District would domino onto the vacant lot. A Special Permit could be considered but the consequences would be the same as previously stated. Therefore, Staff cannot recommend the "B-l" District nor a Special perrmt for a bakery shop. Mr. Saldafia explained that if the planning Commission is inclined to recommend a Special Permit, the conditions could include limiting the use to a specialty bakery, no sale of food other than the baked goods made on-site, limit the hours of operation, require that the structure maintain it residential character, prohibit off-street parking in the front twenty (20) feet, limit the number of access points to one, prohibit the location of the dumpster from being placed in front of the existing building and within fifty (50) feet of any lot line. Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District because of the subject property's direct access to an arterial without traversing through a residential neighborhood. The Northwest Aroa Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. The requested "B-I' Distxict is not consistent with the Plan's recommended land use. Therefore, Staff's recou~lxandation is for demal of the rezoning request. There were 14 notices mailed to property owners within a 200-foot radius of which three (3) were received in favor and one (1) was received in opposition. There was also a letter from outside the 200-foot radius in opposition to the rezonmg request. Public hearing was opened. Alfonso Benavides, 147 Redwood, distxibuted photos of the subject property and adjacent properties. Mr. Benavides said that he would be agreeable to a Special permxt that would allow operation a bakery selling cakes. He said he visited with neighbors within a 200-foot radius to/nform them of his plans for a bakery and collected 32 signatures from residents m the area in favor of his proposal. He highlighted and responded to each section in the zoning report. He said that he agreed with almost every section except for signage and expressed concern with only being allowed to have a I x 1 sign. Mr. Benavides said that a bakery would not be able to survive on Leopard Street with a 1 x 1 sign that has to be on the building. planning Co,,,mission Minutes (Unapprovcd) July 18, 2001 Case No. 0701-03 (Alfonso G. Benavides) Page 2 Mr. Benavides said that he has purchased the property and that the home's exterior will not be altered. He added that he preferred that the structure remain consistent with the surrounding area. Rosario Benavides, 9961 Leopard, reiterated Mr. Benavides statements and added that she wanted a business that could be operated from her home, so she could spend more time with the children. Commissioner Cheek asked whether the Mr. Benavides searched for property in other areas that were already commercially zoned that would allow him to open a bakery. Mr. Benavides responded that the other propexfies he found were too expensive. He said that he purchased the subject property for his residence and then decided to operate the bakery from his home. Commissioner Pusley said that he did not agree with a "B-I" District in the middle of a neighborhood. He added that he knew several of 32 the people who signed Mr. Benavides' petition and that many of them did not live in the area. Mr. Gnnning said that there would be a domino effect if the subject property were rezoned to a "B-I" District. It is critical when property in the rmddle of a residential neighborhood is rezoned for commercial uses. Mr. Gunning informed the comrmssion that if the subject property received a Special perrmt, the property would only be allowed to have a 1 x 1 sign. He added that there are other issues that would be associated with the home being used as a bakery. These issues would need to be discussed with the Building Division. Public hearing was closed. commmsion expressed concern with the Northwest Area Development Plan illnstratmg commercial on the noxth side Leopard Street and residential on the south side. A lengthy discussion ensued regarding signage, traffic on Leopard Street, and requirements allowed with a Special permtt. Motion by Mires, seconded by Zamora, to approve a "B- 1" District. Motion passed with Pusley voting "Nay". /! Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALFONSO G. BENAVlDES, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NORTHWESTERLY 107 FEET OF TRACT 16, ROLLING ACRES NO. 1, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT WITH A (~P_E..C_I.A_.L-..P_ERM. I.T._.F_OR A BAKERY SUBJECT TO TINO (2) UNUI/IUN~; 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 Alfonso G. Benavides 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, July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, and continued to and resumed and held on September 11, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that 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 the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle, from "R-1 B" One-family Dwelling District to "AB" Professional Office District. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a bakery on the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, (zoned "AB" Professional Office Distdct by Section 1 of this Ordinance). SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the following two (2) conditions: 1. ALLOWED USES: The only use authorized by this Special Permit, other than the uses permitted by right in the "AB" Professional Office District, is a bakery. ~.EGAL~AV~ALEG- DIR~DOYLEDCURTIS~MYDOCS~2001\P&ZORD01~ONING.ORD~DOYLEC~20Oi~Z070103B.DOC Page 2 of 3 2. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION $. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any Other ordinances adopted on this date, remain in full force and effect. SECTION 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8..That publication shall be made in the official publication of the City of Corpus Chdsti as reqUired by the City Charter of the City of Corpus Christi. SECTION 9. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of September, 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 September 06, 2001 James R..Bray, Jr. City At..t~ney '/7 ,,3' _ Doyle D.(~rtis Senior A~sistant City Att0mey \~.EGAL~LAVV~LEC~ DIR\DOYLEDCURTIS~MYDOCS~2001\P&ZORDO I~.ONING.ORD~DOYLEC~2001~.070103B.DOC APPLICANT'S REQUEST PLANNING COMMISSION 'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALFONSO G. BENAVlDES, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NORTHWESTERLY 107 FEET OF TRACT 16, ROLLING ACRES NO. 1, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Alfonso G. Benavides, 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, July 18, 2001, dudng a meeting of the Planning Commission, and on Tuesday, August 21, 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 the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle, from "R-1B" One-Family Dwelling District To "B-I" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \\LEGAL\LAW,LEG- DIR\DOYLEDCURTISWIYDOCS~2001\P&ZORD01~.ONiNG.ORD\DOYLEC~001~070103A.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 (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings se that this ordinance is passed upon first reading as an emergency measure on this 21st day of August, 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 August 10, 2001 James R. Bray, City ~ey // Doyle [~.~uhis Senio~-A'ssistant City Attorney \\LEGAL~LAW~LEG- DIR\DOYLEDCURTIS\MYDOCS~.00 I\P&ZORD01~ZONING.ORD\DOYLEC~.001~Z070103A,DOC 23 AGENDA MEMORANDUM September 6, 2001 AGENDA ITEM: A) Motion to amend prior to second reading of Ordinance B by substituting the revised ordinance. B) Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 3, Definitions; Article 4A, "F-R" Farm-Rural District Regulations; Article 4B, "RE" Residential Estate District Regulations; Article 4C, "RA" One-family Dwelling District Regulations; Articles 5, "R-lA" One-family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District Regulations; Article 8A, "A-IA" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apartment-Tourist District Regulations; Article 11, "AB" Professional Office District Regulations; Article 12A, "B-lA" Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 22, Off-Street Parking Regulations; and by adding a new Article 25A, Specific Use Permit (SLIP); providing for severance; and providing for publication. REQUIRED COUNCIL ACTION: In order to establish Bed and Breakfast (B&B) Homes and Bed and Breakfast (B&B) Inns, Council must approve the attached substitute ordinance on second reading. PREVIOUS COUNCIL ACTION: On August 28, 2001, City Council approved on second reading all proposed zoning text amendments not related to B&B uses and by motion tabled action on the B&B amendments to their September 1 I, 2001 meeting. BACKGROUND: Basically B&B uses are unregulated in the city and are permitted as a matter of right under current zoning laws provided they do not exceed more than four (4) boarders. No Certificate of Occupancy is required for opening a B&B use in any district permitting single-family residency. For clarification purposes, the original B&B ordinance presented on August 21, 2001 grouped B&B uses into two categories: · B&B Homes - Permitted in residential neighborhoods ("FR" Farm-Rural through "A-lA" Apartment House Districts); · B&B hms - Permitted in high-density residential and commercial areas ("A-2" Apartment House through "BD" Beach Design Districts). Although there were multiple concerns about B&B Homes locating in residential neighborhoods, no issues were raised with B&B Inns since they would be restricted to zoning districts designed to accommodate higher intensity uses. CITY COUNCIL AGENDA MEMORANDUM SEPTEMBERI1,2001 PAGE 2 B&B Homes Meetings were held with B&B owners and neighborhood residents and association members, primarily from the Del Mar area, on August 23 and August 30, 2001. The key issues discussed with recommended changes to the original ordinance were as follows: ISSUE ORDINANCE AS ORIGINALLY PROPOSED RECOMMENDATION 1. Entity required to 1. Zoning Board of 1. Planning approve. Adjustment Commission/Council 2. Required public hearing. 2. Zoning Board of Adjustment 3. 200 feet 2. Planning Commission/Council 3. Notice to property owners - distance. 4. Separation distance between B&Bs. 5. Off-street parking. 6. Number of rooms and boarders. 7. Location ofdumpster and service areas. 8. Ancillary uses, i.e., Special events, receptions, valet parking. 9. Proof of payment of hotel/motel taxes. 10. Owner-occupied. 11. Certificate of Occupancy 12. Definition of Family 3. 500 feet: applicant pays additional notice cost. 4. 300 feet 4. 1,000 feet 5. 1 space per rental room. 5. 6. 5 rooms/10 boarders 6. 7. Per site plan approved by ZBA 8. Allowed subject to ZBA approval. Sanle 4 rooms/double occupancy 7. Per site plan approved by Planning Commission/ Council as SUP 8. Not allowed. 9. Required. 9. Required. 10. Required. 11. Required. 12. Allows 4 boarders. 10. Required. 11. Required. 12. Allows 4 boarders but excludes B&Bs. CITY COU~'CIL AGENDA MEMORANDUM SEPTEM~ERII.2001 PAGE 3 Neighborhood representatives also discussed requirements for reapproval of a B&B Home upon transfer of ownership and enforcement of deed restrictions and covenants. With respect to transferability of ownership, Staff is of the opinion that the ordinance as recommended under the Specific Use Permit (SUP) process provides more than adequate protection to surrounding residences. Regarding deed restrictions and covenants, these are considered private matters between property owners and enforceable only by private property owners. Although there was not a complete consensus among attendees on all issues, the majority of the issues raised were addressed with the various changes being incorporated into the recommended ordinance. ARTICLE 25A SPECIFIC USE PERMIT (SUP) In order to provide a mechanism for Planning Commission review and recommendation and final approval by City Council of future B&B Homes in residential neighborhoods, a Specific Use Permit (SLIP) process, designated as Article 25A, is proposed as a means for the city to address placement of unusual or extraordinary uses via a public heating and notification process. An SUP will require findings by the Planning Commission and Council that the proposed use is compatible and compliments the surrounding uses and community facilities; promotes the welfare of the area and adjacent properties; protects public health, safety, and general welfare; and conforms in all other respects to zoning regulations and standards. Under Section 25A -3 of the attached ordinance, the B&B Home was added as the first use to be contained in this new article. The performance standards for a B&B Home proposed in the original ordinance have now been incorporated in the SUP ordinance. Additionally, all SUPs will be required to comply with the public notice and heating requirements in the same manner as an application for rezoning. In the future the SUP process should allow the city to add other uses such as bars, taverns, night clubs, outside amusement and entertaimnent facilities, half-way houses, rehab centers, and homeless shelters. For uses listed under Article 25A, the SUP would be required in addition to the required base zoning for uses delineated in the ordinance. Attachments Ordinance Michael N. Gunning, AICP f Director of Planning~ H:~PLN-D IR\SHARED\WORD~ZONING~B ED AND BKEAKFAST~CC091101.DOC Page 1 of 10 AN ORDINANCE (SUBSTITUTE FOR ORDINANCE "B", PERTAINING TO BED & BREAKFAST: SUBSTITUTES SPECIFIC USE PERMIT (SUP) GRANTED BY CITY COUNCIL FOR SPECIAL USE EXCEPTION GRANTED BY BOARD OF ADJUSTMENT ) AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3, DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 5, "R-lA" ONE-FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 6B, "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS; ARTICLE 8A, "A-IA" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10, "AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE 12A, "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND BY ADDING A NEW ARTICLE 25A, SPECIFIC USE PERMIT (SUP); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, and continued to and resumed and held on Tuesday, September 11,2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ali interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 3, Definitions, to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future; words in singular number include the plural number; and words in the plural number include the singular. The word Ubuilding" includes the word "structure". The word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other, certain terms and words are hereby defined as follows: \~.EGAL~,-AVW.EG-DIR'~DoyleDCurUsWIYDOCS~01 ~P&ZORD01 ~.oning.ord\DOYLEC~001 ~DC Bed& 8Amnd7SUPOrdB.doc Page 2 of 10 "3-1.06.1 Bed and breakfast (B&B) home. A private, owner-occupied residence that offer,~ sleepinq accommodations to todqers. Sleepinq accommodations shall ""* ........................................ oplo. be limited to four (4~ bedrooms with no m0r~ than two (23 occuoants Der bedrQ0m, not includinq the owner-occupied rooms. Owner- occupied rooms include rooms occupied by people related to the owner. For the purpose of this definition, a Iodqer means a person who rents a room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen and dininq facilities may be included tn provide meals to quest only; however, no food preparation shall be permitted in ,quest bedrooms. A Bed and breakfast home is not a Sinale-Familv Dwellinq. "3-1.06.2 Bed and breakfast (B&B) inn. A facility that offers sleepin.q accommodations Iodqers. Sleepin,q accommodations shall not exceed twelve (12) bedrooms and not more than 24 people. The owner and/or operator thct may live on the premises. For the purpose of this definition, a Iod.qer means a person who rents a room in a B&B inn establishment for fewer than thirty (30} consecutive days. Kitchen and dininq facilities may be included tn provide meals to .quest only; however, no food preparation shall be permitted in quest bedrooms. This term excludes any bed and breakfast home. "3-1.20 Dwelling, Single-Family. A dwelling designed and arranged exclusively for the use and occupancy of one family. A Bed and breakfast home is not a Sinq e-Family Dwellinq "3-1.24 Family. A person or persons, occupying a dwelling, living together and maintaining a common household, cf ;vhic~ore-than4eur-may-be- which may include up to four boarders or roomers if each has a rental contract to occupy the dwellinq for at least thirty (30) consecutive days. This definition does not include Iodqers in a Bed and breakfast home SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4A, "F-R" Farm- Rural District Regulations, Section 4A-2 Use Regulations. to read as follows: "ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS "Section 4A-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. \~EGAL~-AVW. EG-DIR~DoyleDCu~tis~IYDOCS~:001~P&ZOR D0 l~Zoning.ord~DOYLEC~2001 ~DC Bed& BAmndTSU POrdB.doc Page 3 of 10 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section 4B-2 Use Regulations. to read as follows: "ARTICLE 4B. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS "Section 4B-2 Use Regulations. A building o~: premises shall be used only for the following purposes: u(12) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A, SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4C, "RA" One Family Dwelling District Regulations, Section 4C-2 Use Regulations. to read as follows: "ARTICLE 4C. "RA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 4C-2 Use Regulations. A building or premiseS shall be used only for the following purposes: "(12) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 5, "R-lA" One Family Dwelling District Regulations, Section 5-2 Use Regulations. to read as follows: "ARTICLE 5. "R-lA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 6B, "R-TH" Townhouse Dwelling District Regulations, Section 6B-2 Use Regulations. to read as follows: &~LE GA L~.AVV~J.E G-DIR ~Doyle D Cur t is'~IYDOC $ ~,001 'do&ZORD01 ~Zoning.ord\DOYLE C~2001 ~)C Bed& BAmnd7SUPOrdB.d~ "ARTICLE 6B. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS Page 4 of 10 "Section 6B-2 Use Regulations. A building or premises shall be used only for the following purposes: "(10) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 8A, "A-lA" Apartment House District Regulations, Section 8A-2 Use Regulations. to read as folloWs: "ARTICLE 8A. "A-1A'' APARTMENT HOUSE DISTRICT REGULATIONS "Section 8A-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15) Bed and breakfast {B&B) home if approved as a Specific Use Permit (SUP) undor Article 25A. SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 9, "A-2" Apartment House District Regulations, Section 9-2 Use Regulations. to read as follows: "ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS "Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: "(12) Bed and breakfast (B&B) inn. SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10-2 Use Regulations. to read as follows: "ARTICLE 10. "AT" APARTMENT-TOURIST DISTRICT REGULATIONS ~LEGALtJ-AVWLEG'DIR~DoyleDCurti~MYDOCS~001 ~P&ZORD01 ~Zoning.ord~DOYLEC~001 ~DCned&BAmnd7SUPOrdB.do¢ ¥ Page 5 of 10 "Section 10-2 Use Regulations. A building or premises shall be used only for the following purposes: "f 9~ Bed and breakfast (B&B) inn. SECTION. 10. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 11, "AB" Professional Office District Regulations, Section 11-2 Use Regulations. to read as follows: "ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS "Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: "(17) Bed and breakfast (B&B) inn. SECTION 11. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 12A, "B-lA" Neighborhood Business Distdct Regulations, Section 12A-2 Use Regulations, to read as follows: "ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section 1ZA-2 Use Regulations. A building or premises shall be used only for the following or similar purposes: "(15) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. "(16) Bed and breakfast (B&B) inn. SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 14A, "BD" Corpus Christi Beach Design District, Section 14A-2 Use Regulations, to read as follows: '"ARTICLE 14A. "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT ~EGA LU_AW~.EG-DIR~DoyleDCurtls~MYDOCS%~0OI~P&ZOR D0 l~Zonmg.ord\DOYLEC~,001 ~DCBed&BAmnd7SU POrdB.do~ Page 6 of 10 "Section 14A-2 Use Regulations. A building or premise shall be used for the following or similar purposes: "(36) Bed and breakfast (B&B) home if approved as a Specific Use Permit (SUP) under Article 25A. "(37) Bed and breakfast (B&B) inn. SECTION 13. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 22, Parking Regulations, by adding the Bed and breakfast (B&B) home or inn uses to the chart, to read as follows: "ARTICLE 22. OFF-STREET PARKING REGULATIONS "Section 22-1 Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 50 percent or more, or any building or structure hereafter erected is converted, for uses listed in Column 1 of the chart below, when such uses are located in the districts listed in Column 2, accessory off-street parking spaces shall be provided as required in Column 3 or Column 4, or as required in subsequent sections of this article. 'Column 1 Column2 Column 3 Column 4 'Use or Use Category Location Spaces Required Per Basic Measuring Unit Additional Requirements * * * * * * * . . * * * . * * . * * * * "l~led and breakfast (B&B) Specific Use Penmit (SUP) home (SUP} or Bed an~l All districts 1 per room or suite for B&B home may prohibit breakfast inn Darkino in front vard SECTION 14. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by adding a new Article 25A, Specific Use Permit (SUP), to read as follows: "ARTICLE 25A. SPECIFIC USE PERMIT (SUP) "Section 25A-1 General Provisions 25A-1.01 The SUP provides a means for developinq certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood. 25A-1.02 The use requlations for each district state whether an SUP is required for a use to be permitted in a zoninq district. The SUP requirement for a use in a district does not constitute an-authorization or an assurance that the use will be permitted. Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and ~.EGAL~LAW~.EG-DIR'~DoyleDCurtis'~MYDOC S~2001\P&ZOR D01 ~Zoning.ord\DOYLEC~,001 ',DC Bed&BArnnd7SU POrdB.doc Page 7 of 10 may be approved or denied as the findin,qs indicate appropriate. The Planninq Commission must review each SUP and forward its recommendation to the City Council. The City Council must ,qrant each SUP bv separate.ordinance. 25A-1.03 The Planninq Commission shall not recommend and the City Council shall,not qrant an SUP for a use except upon a findinq that the use will: complement or be compatible with the surroundinq uses and community facilities; (2) contribute to, enhance, or promote the welfare of the area of request and adiacent properties; (3) not substantially affebt adversely the uses of adiacent and nei,qhborin,q property permitted by this ordinance; (4) not be detrimental to the public health, safety, or qeneral welfare; and (5) conform in all other respects to all applicable zoninq requlations and standards. 25A-1.04 The ,qrantinq of an SUP has no effect on the uses permitted as of d,qht and does not waive the requlations of the undedyinq zoninq district. 25A-1.05 The City Council may impose reasonable conditions upon the qrantin,q of an SUP consistent with the purposes stated in this Article. "Section 25A-2Specific use permit procedure. 25A-2.01 An application for an SUP shall be considered an application for rezoninq and comply with Article 30, Chan.qes and Amendments, procedure for ~ chanqe in zoninq district classification. 25A-2.02At the time of applyinq for an SUP, the applicant shall submit: site plan that includes: (a) the dimensions, bearinqs, and street fronta,qe of the properly; (b) the location of buildinqs, structures, and uses; (c) the method of in,qress and e,qress; (d) off-street parkinq and Ioadinq arranqements; (e) screeninq, liqhtinq, and landscapin,q, if appropriate; and ~V. EGA L~LAVW. EG-DIR'~DoyleDCurti$'~MYDOCS~2001 ',~&ZOR OO1',Zoning.ord~DOYLEC~O01 '~DC Bed&BAmnd7SU POrdB.doc ir Page 8 of 10 25A-2.03 (2) (f) any other information the Director of Plannin,q determines necessary for a complete review of the proposed development; and a traffic impa~t analysis if the Traffic Engineer determines that the analysis is necessary for a complete review of the impacts of the proposed development. Amendments to an approved site plan must follow the procedures qutlined above in Subsections 25A-2.01 and 25A-2.02; however, upon payment.of a $250.00 application fee, the Director of Planninq may authorize minor c['ranqes in the site plan that do not: . (1) alter the basic relationship of the proposed development to adjacent property; (2) chanqe the uses permitted; (3) (4) increase the' maximum density, floor area ratio, or hefqht; decrease the amount of required off-street parkinq; or (5) - reduce the minimum yards required at the boundary of the site. 25A-2.04 An applicant may appeal the decision of the Director to the Plannin,q Commission. A termination date may be imposed as a condition upon the ,qrantin,q of an SUP. If so imposed, thb SUP automatically terminates on that date. "Section 25A-3Bed and Breakfast Home SUP 25A-3.01 In addition to compliance with Section 25A-2 above1 an application for an SUP for a Bed and breakfast home must, at a minimum1 comply with the followinq conditions: (1) Applicant shall pay the rezon!n,q fees plus $100.00. (2) Owners of real property within 500 feet of the boundary of the subject property shall be notified of the public hearinq. (3) (4) Proposed bed and breakfast home must be no closer than 1,000 feet from the closest bed & breakfast home. Required site plan in Section 25A-2 (B) must also include the location of service areas and trash receptacle areas. Trash dumpsters shall not be permitted on the premises of a bed and breakfast home. ~.EGAL~AVV~.EG-DIR~DoyleDCurfl~WIYDOCS~2001 ~P&ZOR 001 ~oning.ord~DOYLEC~001 tOC Bed&BAmnd7SU POrdB.doc Page 9 of 10 25A-3.02 In considerinq an application for an SUP for a Bed and breakfast home, the followinq issues may also be considered and decided as part of the review process: (1) Whether to require evidence of compliance with hotel/motel tax; (2) VVhether to prohibit parkir~.q in the front yard. The Planninq Commission shall not make a recommendation on an issue and the City Council shall not decide an issue unless it finds that in its opinion, as a matter of fact, based on the evidence, the decision will not substantially affect adversely the uses of adiacent and neiqhbodn.q property permitted by this ordinance. SECTION 15. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27~h 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 16. That to the e~tent 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 17. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 18. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 19. 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. ~.EGA LU. AVV~.EG-DIR'~DoyleDCurtisWIYDOCS~,2001~&ZO R DO 1 ~Zoning.ord~DOYLEC~,001 ~CBed&BAmnd7SU POrdB.doc Page 10 of 10 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing, ordinance was read for the first time and passed to its second reading on this the 21 st day of August, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance Was read for the second time and passed finally on this the __ day of ,2001, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly PASSED AND APPROVED, this the ATTEST: Rex A. Kinnison John Longoria Jesse Noy01a Mark Scoff __ day of , ,20__ Armando Chapa City Secretary Samuel L Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM September 6, 2001 James~ra_y, J.r.,/~City ~t~orney . . Doyle ~. Curtis Senior Assistant City Attorney ~-EGA L'd-AW~-EG-DIR~DoyleDCurttsWIYDOCS~001 '~P&ZOR D01 ~Zoning.ord~DOYLEC~'001 ~DC Bed&BAmnd7SUPOrdB.doc P.ge 1 of g AN ORDINANCE (ORDINANCE "B", PERTAINING TO BED & BREAKFAST ) AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3, DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY DWELUNG DISTRICT REGULATIONS; ARTICLE 5, "R-lA" ONE-FAMILY DWELUNG DISTRICT REGULATIONS; ARTICLE 6B, "R-TH" TOWNHOUSE DWELUNG DISTRICT REGULATIONS; ARTICLE 8A, "A-lA" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10, "AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE 12A, "B-IA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND ARTICLE 29, THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas. is amended by revising Article 3, Definitions, to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Worcts used in the present tense include the future; words in singular number include the plural number; and words in the plural number include the singular. The word "building" includes the word "structure". The word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other, certain terms and words are hereby defined as follows: "3-1.06.1 Bed and breakfast (B&B) home. A private, owner-occupied residence that offers sleepinq accommodations to tod,qers. Sleepin,q accommodations shall r~et--exc;,ee~.five-~-) H:~.EG-DIR'~DoyteDC u;tisWIY DOC S~,001 ~P&ZORDOl ~oning.orcl',DOY LEC~001 ~DC MultZonTxtBed& BArnneSOrdB.doc Page 2 of 9 ~ ...... ,4 s~+ .... ~.~ ~.~.~ ~'4t~ ~,~1,". be limited to four ~4) bedrooms with no more tl3.e._n_by_oJ2) occ~a~t.s..~.er bedroom, not includinQ the owner-occupied rooms. Owner- occupied rooms include rooms occupied by people related to the owner. For the purpose of this definition, a Iodqer means a person who rents a room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen and dinin,q facilities may be included tn orovide meals to Quest only, however, no food preparation shall be permitted in quest bedrooms. A Bed and breakfast home is not a SinQle-Familv Dwellina. "3-1.06.2 Bed and breakfast ~B&Bt inn. A facility that offers sleepinf:l ___eccc~n__ modations to IodQers. Sleepinq accommodations shall not exceed twelve ~ 123 bedrooms and not mom than 24 oeoole. The owner and/or operator th=t may live on the premises. For the purpose of thi~ definition, a Iod,qer means a person who rents a room in a B&B inn establishment for fewer than thirty (30) consecutive days. Kitchen and dininq facilities may be included tn provide meals to quest only; however, no food preparation shall be permitted in quest bedrooms. This term excludes any bed and breakfast home. "3-1.20 Dwelling, Single-Family. A dwelling designed and arranged exclusively for the use and occupancy of one family. A Bed and breakfast home is not a Sinqle-Family Dwellinq "3-1.24 Family. A person or persons, occupying a dwelling, living togefl3er and maintaining a common household, ef-whic, h-net-mere-~har~4ear-may-be- which may inctude up to four (4) boarders or roomers if each has a rental contract to occupy the dwellin,q for at least thirty (30) consecutive days. This definition does not include Iodqers in a Bed and breakfast home SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas. is amended by revising Article 4A, "F-R" Farm- Rural District Regulations. Section 4A-2 Use Regulations. to read as follows: "ARTICLE 4A. "F-R" FARM.RURAL DISTRICT REGULATIONS "Section 4A-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15) Bed and breakfast (B&B) home if approved as a Special use Exception under Sections 29-3 and 29-3.13. SECTION 3. That the Zoning Ordinance of the City of Corpus Chdsti, Texas. is amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section 4B-2 Use Regulations. to read as follows: H:~LEG-DIR~DoyleOC ur~ls'~lYDOCS'~2001 ~P&ZORD01 ~Zoning.ord~DOYLECt2O01 '~DCMultZonT~Bed& BAmm:lSOfd8. ~toc "ARTICLE 4B. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS Page 3 of 9 "Se, ction 4B-2 Use Regulations. A building or premises shall be used ~ for the following purposes: "(12) Bed and breakfast (B&B) home if approved as a Special use Exceptio~ under Sections 29-3 and 29-3.13. SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas. is amended by revising Article 4C, "PA' One Family Dwelling District Regulations, Section ~C-2 Use Regulations. to read as follows: "ARTICLE 4C. "RA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 4C-2 Use Regulations. A building or premises shall be used or~-! for the following purposes: "(12) Bed and breakfast {B&B} home if approved as a Soeclal use Exception under Section.~ 29-3 and 29-3.13. SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas. is amended by revising Article 5, "R-lA" One Family Dwelling District Regu at ohs. Sect on 5-2 Use Regulations. to read as follows: "ARTICLE 5. "R-IA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 5-2 Use Regulations. A building or premises shall be used only f:r the following purposes: "(15) Bed and breakfast (B&B) home if approved as a Special use Exceptior~ under Sections 29-3 and 29-3.13. SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas :s amended by revising Article 6B, "R-TH" Townhbuse Dwelling District Regulations, Section ,3B-2 Use Regulations. to read as follows: "ARTICLE 6B. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS H:~.EG-DIR~DoyleDC urtls~VIYOOC$~O01 ~P&ZORD01 ~.oning ord~DOYLEC~001 ~DC MultZonT~tBed& BAmndSOrc~.doC Page 4 of 9 "Section 6B-2 Use Regulations. A building or premises shall be used ore/for the following purposes: "(10) Bed and breakfast (B&B) home if approved as a Special use Exception under Sections 29-3 and 29-3.13, SECTION 7. That the Zoning Ordinance of the City of Corpus Chdsti, Texas. is amended by revising Article 8A, "A-lA' Apartment House District Regulations, Section 8A-2 Use Regulations. to read as follows: "ARTICLE 8A. "A-IA" APARTMENT HOUSE DISTRICT REGULATIONS "Section 8A-2 Use Regulations. A building or premises shall be usect only for the following purposes: "(15) Bed and breakfast (B&B) home if approved as a Special use Exception under Sections 29-3 and 29-3.13, SECTION 8. That the Zoning Ordinance of the City of Corpus Chdsti, Texas. is amended by revising Article 9, "A-2" Apartment House District Regulations, Section 9-2 [2se Regulations. to read as follows: "ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS "Section 9-2 Use Regulations. A building or premises shall be used only fcr the following purposes: "(12~ Bed and breakfast (B&B) inn. SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas ;s amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10-~. Jse Regulations. to read as follows: "ARTICLE 10. "AT" A-PARTMEI~T-TOURIST DISTRICT REGULATIONS "Section 10-2 Use Regulations. A building or premises shall be used only for the following purposes: H:~EG-DIR~DoyieDCu~tis~IYDOCS~,2001 ~P&ZORD0f ~oning.ord~DOYLEC~001 ~DCMultZonTxtSed& BAmn~3Or=~.doc Page 5 of 9 "(g) Bed and breakfast {B&B) inn. SECTION 10. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 11, "AB" Professional Office District Regulations, Section 11-2 Use Regulations. to read as follows: "ARTICLE '11. "AB" PROFESSIONAL OFFICE DISTRICT REGULA'rlONS "Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: "(17) Bed and breakfast (B&B) inn. SECTION 11. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 12A, "B-lA" Neighborhood Business District Regulations, Section 1ZA-2 Use Regulations, to read as follows: "ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section 12A-2 Use Regulations. A building or premises shall be used only for the following or similar purposes: "(15) Bed and breakfast (B&B) home if approved as a Special use Exceotior under Sections 29-3 and 29-3.13. "(16) Bed and breakfast (B&B) inn. SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 14A, "BD" Corpus Christi Beach Design District, Section 14A-2 Use Regulations, to read as follows: "ARTICLE 14A. "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT "Section 14A-2 Use RegUlations. A building or premise shall be used for the following or similar purposes: H:~.EG-DIR'~)oyleDCurtis'~VIYDOCS%~001 ',P&ZORO01 ~Zoning.ord~OY LEC~001 ~DC MultZonTxt Bed& 5Arnn~5Or~B.d~ Page 6 of 9 '¢36} Bed and breakfast (B&BI home if approved as a Special use Exception under Sections 29-3 and 29-3.13. '(37~ Bed and breakfast (B&B/inn. SECTION 13. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by revising Article 22, Parking Regulations, by adding the Bed arK:l breakfast (B&B) home or inn uses to the chart, to read as follows: "ARTICLE 22. ~)FF-STREET PARKING REGULATIONS Section 22-1 Except as otherwise provided in this Ordinance, when any b'"iding or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 50 percent or more, or any building or structure hereafter erected is converted, for uses listed in Column 1of the chart below, when such uses are located in the districts listed in Column 2, accessory off-street parking spaces shall be provided as required in Column 3 or Column 4, or as required in subsequent sections of this article. 'Column 1 Column 2 Column 3 Column 4 Spaces Required Per Additional Requirements "Use or Use Category Location Basic Measunng Unit 'Bed and breakfast home Board of Aaustment may All distncts 1 Der room or suite Drohib~ can~na in fl'ont or inn , I yard SECTION 14. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 29, The Board of Adjustment, Section 29-3 Special Use Exceptions, to read as follows: "ARTICLE 29. THE BOARD OF ADJUSTMENT "Section 29-3 Special Use Exceptions. In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of this Ordinance as an instrument for fact finding, interpretation, application, adjustment and to supply the necessary elasticity to its efficient operation, special use exceptions are permitted by the terms of this Ordinance. The following buildings and uses are permitted as special exceptions if the Boara of Adjustment finds, after a public hearinq, that in its opinion, as a matter of fact, cu~-h the exceptions will not substantially affect adversely the uses of adjacent and neignbcnng property permitted by this Ordinance. H :~LEG.DIR'~DoyleDC urti$'~MYDOC S~,001~PSZOR D01 ~Zoning. orcI~DOYLEC~.00 l~OCMultZonTxt 8 ed& BAmn=50 r= ~ dc<; Page 7 of g "29-3.13 Bed and breakfast home (Al A bed and breakfast home, if located in the 'F-R' Farm-Rural, 'RE' Residential Estate, "PA" One-family Dwellinq, "R-lA' C~e-family Dwellin.q, 'R-1B' One-family Dwellin¢i. 'R-lC' One-farmiv Dwellina. 'R- TH' Townhouse Dwellin,q, ~R-2" Multiple Dwellinq, 'A-1' Aparlment House, "A-lA"* Apartment House, B-lA Neiohborhood Business. or th~ BD Beach Desiqn District, may be allowed, after a pul:~c hearir~, as a special use exception, provided that the requirements in sub,~;~ions {B) and (C) below are satisfied and the followinq conditions are satisfied: (1) Owners of property within 500 feet of the boundary of the subject property shall be notified of the public headnq; (2~ No other bed and breakfast facility is located witttin a radius of 1000 feet; (3) A detailed site plan is submitted showinq the Bec and breakfast home and the followinq information and all other 'nformation deemed necessary by the Board: a) Location of service areas and trash '~ceptacle area-~ (Trash dumpsters are not permitted on the prem:ses of a bed and breakfast home); and b) Off-street parkinR area; and (4} The Boar~ finds that in its opinion, as a matter of ~act, based on the evidence, permittinR the bed and breakfast home as a special use exception will not substantially affect adversely the uses of adiacent and neiqhborin,q property permitted by ,:is ordinance. (B) The Board must, at a minimum, also consider and decioe the followinq issues as part of the review process: (1) Whether to require evidence of compliance with ~'otel/motel tax; (2) Whether to prohibit parkin,q in the front yard; ano (c) In order to make a decision on an issue in (B) above, th.e 3oard must find that in its opinion, as a matter of fact, based on the evidence, the decision will not substantially affect adversely the uses c' adiacent and nei.qhborinq property permitted by this ordinance. SECTION 15. That the Zoning Ordinance and Zoning Map of the City of Co~us 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. H:~.EG-DIR"DoyleDC urtis'~MYOOCS~3001 ~P&ZORD01 ~Zoning.ord~DOYLEC~2001 ~DCMultZonTxtBed& BAmn(tSOrc.= doC r Page 8 of 9 SECTION 16. That to the extent that this amendment to the Zoning Orclinar~e represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amenaed to conform to the Zoning Ordinance, as amended by this ordinance SECTION 17. That any ordinance or part of any ordinance in conflict with tt'is ordinance is expressly repealed by this ordinance. SECTION 18. If for any reason any section, paragraph, subclivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final juagment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sutx~ivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision h~of be given full force and effect for its purpose. SECTION 19. Publication shall be made in the official publication of the Cih..r of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. H:~LEG.DiR',DoyleDCuAis'~VIYDOCS~0OI~&ZO R OOl~Zoning.ord'~DOy LEC~.0OI'~DC MultZonTxt Bed& BAmn~Ora5 doc Page 9 of 9 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the 21 st day of August, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2001, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly PASSED AND APPROVED, this the __ ATTEST: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott day of ,2O Armando Chapa City Secretary Samuel L. Neai, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM September 5, 2001 Doyle I~;urtis Senior'Assistant City Attorney H:~LEG-D IR~DoyleOC urti$'.MYDOC$~c~O01 ~P&ZOR O01~Zoning.ord',DOY LEC ~200 I~DC MultZonTxt B ed& BArnn~5Ordl~.doc MEMORANDUM September 11, 2001 ITEM: An Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2001 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable, and declaring an emergency. A motion approving the 2001 Tax Levy of $51,722,865 based upon the adopted tax rate of $0.6441745 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. ISSUE: The Texas Property Tax Code states that the goveming body of the taxing unit should adopt a tax rote before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rote needed to support the City's debt service and the rote needed to support the City's maintenance and operation expenditures for FY 2001-2002. Also, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for approval. PRIOR COUNCIL ACTIONS: July 24, 2001 - City Council adopted the City budget for FY 2001-2002 based on the proposed tax rate of $0.6441745 per $100 valuation. July 24, 2001 - City Council voted to schedule September 1 I, 2001 for adoption of the ad valorem tax rote of $0.6441745, and scheduled a public hearing on the proposed ad valorem tax rate for August 28, 2001. August 28, 2001 - City Council conducted a public hearing on the proposed ad valorem tax rote of $0.6441745 per $100 valuation. REQUIRED ACTION: Adoption of the ad valorem tax rote by Ordinance and approval of the 2001 tax levy. RECOMMENDATION: Staff recommends that the City Council adopt the ad valorem tax rate of $0.6441745 per $100 valuation for tax year 2001 to support maintenance and operation and debt service and approve the 2001 tax levy of $51,722,865. G. Cruz-Aedo ctor of Financial Services Attachments: Background Information Copy of Certification of Tax Levy BACKGROUND INFORMATION The Texas Property Tax Code establishes rules for adoption of the ad valorem tax rate and approval of the tax levy. The ad valorem tax rate is comprised of two components: the rate needed to support the City's debt service and the rate needed to support the City's maintenance and operation expenditures for FY 2001-2002. The tax levy is the amount of current taxes to be collected for 2001- 2002, which is derived by applying the adopted tax rate to the certified appraisal roll. The proposed tax rate on $100 valuation for the City of Corpus Christi for tax year 2001 is as follows: $0.4575227 for purpose of maintenance and operation $0.1866518 for payment of principal and interest on debt $0.6441745 Total Tax Rate The proposed tax rate of $0.6441745/$100 valuation is an increase of $0.0204485 over last year's tax rate of $0.623726/$100 valuation, and was authorized by the voters on November 7, 2000 to fund the 2000 Bond Issue projects. This increase is allocated to the Debt Service Fund. The Fiscal Year 2001-2002 City Budget approved by City Council on July 24, 2001 included a proposed tax rate of $0.6441745/$100 valuation, allocated between the General Fund and the Debt Service Fund in the amounts of $0.4575227 and $0.1866518, respectively. The proposed rate exceeds 103 percent of the effective tax rate of $0.604992, thus requiring a public hearing, which was held on August 28, 2001. The tax levy for 2001, based upon a tax rate of $0.6441745 per $100 valuation and a taxable value of $8,029,325,055 is as follows: Tax Levv Component $36,735,985 supporting the city's maintenance and operations $14.986.880 supporting the City's debt service $51.722.865 Total Tax Levy This is an increase of $3,994,993 compared to the 2000 tax levy of $47,727,872. The tax levy allocated to the General Fund of $36,735,985, and to the Debt Service Fund of $14,986,880, is reduced by estimated delinquent collections and the City's portion of the estimated Reinvestment Zone levy to arrive at the adopted FY 2001-2002 current ad valorem tax budget of $35,007,446 and $14,282,493, respectively. A copy of the Certification of Tax Levy is attached. CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2001 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value Less: Partial Exemptions Ag-Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2001 Adopted Tax Rate 2001 Ad Valorem Tax Levy $9,468,571,229 ($1,439,246,174) $8,029,325,055 100% $8,029,325,055 $.6441745/$100 $51,722,865 Submission of the Tax Levy for 2001 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2001 CITY OF CORPUS CHRISTI Tot8 .~pr~sed VaLue ~ 100% of MarKet Value Les--' =am~a! Exembtions -~-~ ~.e account value loss and abatements ToM '~et A2~raised Value Asse~sme-: Ratio Tot~ 7axac:e Value 200' ~,ooc'.ed Tax Rate 20~. ' -:2 ', =_ arem Tax $9,468,571.229 ($1,439.246,174) $8,029,325,055 100% $8,029,325,055 $.6441745/$100 $51.722.865 SUDr' SSIC,- of t~te Tax Levy for 2001 for approval by the City of Corpus Christi City Cour,:!i in ascor(3ance with Section 26.09(e) of the Texas Property Tax Code. T r AN ORDINANCE PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2001 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the tax rate on $100 valuation for this city for tax year 2001 as follows: $.4575227 for purpose of maintenance and operation $. 1866518 for payment of principal and interest on debt $.6441745 Total Tax Rate SECTION 2. That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the CiP:- of Corpus Christi, Texas, for the year 2001, and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $.4575227 on each One Hundred Dollar value thereof, on all property, real, personal and mixed, located within the said City of Corpus Christi, upon tvhich a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3. That there is hereby levied, to be assessed and collected in current money of the United States of America. for the use of the C it?' of Corpus Christi, Texas, for the year 2001 and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $. 1866518 on each One Hundred Dollars value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for. and including the interest, agent fees. and maturities of the following City of Corpus Christi bonds: H:\L EG-DIR\JIM M Y\W PDOCS\FIN ANCE\ I JRB 1000501 (dkx~} | [ GENERAL OBLIGATION BONDS AND INTEREST MATURING AUGUST 1, 2001 - .IULY 31, 2002 Principal Interest & Fees Total 1987 General Obligation $ 3.205,950 $ 6,429,050 $ 9,635.000 1992 Certificates of Obligation 150,000 49,258 199,258 1992 General Obligation 0 328,869 328,869 1992A Certificates of Obligation 25,000 1,575 26,575 1993 Certificates of Obligation 80,000 37,950 117,950 1993 General Obligation 1,530,000 745,398 2,275,398 1994A Certificates of Obligation 100,000 35,250 135,250 1994B Certificates of Obligation 150.000 41,725 191,725 1995 Certificates of Obligation 500.000 364.931 864.931 1995 General Obligation I, 110,000 1,556,645 2,666,645 1995A General Obligation 10,000 44,330 54,330 1995B General Obligation 375,000 316,520 691,520 1996 Certificates of Obligation 175,000 91,725 266,725 1998 Certificates of Obligation 1,075,000 408,400 1,483,400 2000 Certificates of Obligation 150,000 1,053,885 1,203,885 2001 General Obligation 0 1,931.971 1,931,971 200lA General Obligation 0 137,025 137,025 5 8,6~,q,9~q0 $13.574.507 $ 22.210.457 In addition to the ad valorem tax levy totaling $51,722.865, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. That all taxes for the year 2001 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2002. except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Prope~' Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution. Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause. phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every. H:\LEG-DIR\JIMMY\W PDOCS\FINANCE\I JRB 1000.50 I(dkwl 2 section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect/hr its purpose. SECTION 6. 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 City 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 on this __ day of September, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City SecretaD' LEGAL FORM APPROVED ATTORNEY By: 3~-~Aa~ ~ Lisa Aguilar~'/ Assistant City Attorney Samuel L. Neai, Jr., Mayor (,- , 2001, JAMES R. BRAY, JR., CITY H:\LEG-DIR\JIMMYXWPDOCS\FINANCE\ I JRB 1000 50 I(dkw) 3 2~ MEMORANDUM ITEM: September 11, 2001 Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall Project. ISSUE: As of April 1, 2001, the City began collecting taxes at the new rate which includes 1/8 cent for the Seawall Improvements. Staff determined that approximately $44,880,000 million could be obtained from the revenue stream created by this 1/8 cent sales tax. Staff is recommending approval of the Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall Project. REQUIRED ACTION: Approve the Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall Project. RECOMMENDATION: Staff recommends approval of the Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall Project. DiOr of Financial Services BACKGROUND INFORMATION The Corpus Christi Business and Job Development Corporation (Board) met on September 10, 2001 to finalize several items for the Seawall Project to present to the City Council for approval at the day's Council Meeting. The items before you today consist of a Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Seawall Project. On August 9 and 10, 2001, several elected officials and City Staff visited with several rating and insurance agencies in New York to obtain ratings on the bonds for thc Seawall Project. After the conclusion thereof, Moody's Investors Services rated the bonds A3; Standard & Poor's rated the bonds A-; and Fitch rated the bonds A. Per the visits with the insurance agencies, the City received four bids for the insurance coverage on the bonds and to provide a surety in lieu of funding Bond Reserve from bond proceeds. After review of the bids, Staff determined that the bid from Ambac Assurance Corporation, a Wisconsin domiciled stock insurance company, was the most advantageous bid. The bonds are being priced by the Underwriters on September 6, 2001, and upon review and recommendation of approval of our financial advisor, the pricing information (which consists of interest rates and premium and/or discount associated with the proposed purchase and sale of the bonds) will be forwarded to Board prior to the meeting by separate cover. RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE EXECUTION OF A SALES TAX REMITTANCE AGREEMENT, A PROJECT AGREEMENT, AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SEAWALL PROJECT WHEREAS, Corpus Christi Business and Job Development Corporation (the "Corporation") was created under the auspices of the City of Corpus Christi, Texas (the "City"); and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The resolution (the "Resolution") adopted by the Corporation, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and sales tax revenue bonds in the principal amount of $44,880,000 (the "Bonds"), may be issued for the purpose of providing all or a portion of the cost of the project as specified in the Resolution (the "Project") for use by the City, which Project is in compliance with the Development Corporation Act of 1979, as amended; and said Resolution, Bonds and Project are hereby approved. Section 2. The "Sales Tax Remittance Agreement," in substantially the form and substance as attached hereto and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Sales Tax Remittance Agreement between the City and the Corporation. Section 3. The "Project Agreement" between the City and the Corporation, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Project Agreement. Section 4. The "Bond Purchase Agreement" between the Corporation and the underwriters named therein, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 11TH DAY OF SEPTEMBER, 2001, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Samuel L. Neal, Jr. Brent Chesney, Javier D. Colmenero, Henry Garrett, Bill Kelly, Rex Kinnison, John Longoria, Jesse Noyola, Mark Scott David Garcia, James Bray, Jorge Cmz-Aedo, Armando Chapa, Mayor Councilmembers City Manager, City Attorney, Director of Fiscal Services, City Secretary and all of said persons were present, except the following absentee: ., thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE EXECUTION OF A SAI.ES TAX REMITTANCE AGREEMENT, A PROJECT AGREEMENT, AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SEAWALL PROJECT was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: NOES: 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and fora- going paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Govemment Code. SIGNED AND SEAl.ED the 1 lth day of September, 2001. City Secretary SEAL 26 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting- September 11, 2001 AGENDA ITEM: Motion authorizing staff to issue a Request for Proposal to obtain an artist to work with the Engineering Firm on development of a streetscape design for the Seawall Project. ISSUE: At the joint meeting of the City Council and Arts and Cultural Commission on August 28, 2001 staff was instructed to bring back an action item to seek a Request for Proposal from various artists to help the Engineering Firm develop a streetscape design for the Seawall Project. BACKGROUND: In March of 1987 Ordinance Number 19663 was passed by the City Council. The ordinance established the Municipal Public Art Program. The ordinance authorized one and one-quarter (1 1/4%) percent of construction costs to be set-aside for the selection, acquisition, commissioning, and display of works of art. REQUIRED COUNCIL ACTION: Authorize staff to proceed with the Request for Proposal to obtain an artist to develop the streetscape plan for the Seawall Project. RECOMMENDATION: Staff recommends passage o f the motion. Marco A. Cisneros Director, Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Request for Proposal X AN OPEN CALL FOR ARTISTS The City of Corpus Christi is conducting a search for an environmental artist who has experience working with engineers or an engineering team. By November 15,2001 The City Corpus Christi would like to include an artist/designer in the planning phase of a streetscape, the creation of which will concur with the abandonment- in-place and reconstruction of a seawall which runs about two miles along and between Corpus Christi Bay and Shoreline Blvd. Shoreline Blvd. is the street that runs between the bay and downtown Corpus Christi, TX. These two miles cover the mosi isited area of the city; runners, walkers, skaters, sightseers, sun bathers, and those who just co~::c to sit and watch the boats and the birds are members of the ever present group of"recreators". With its bayside horizon view the area is inviting and naturally beautiful. At its north end is the Bayfront Arts and Science Park, a culturally active section which includes the South Texas Institute for the Arts, Corpus Christi Museum of Natural History, Heritage Park, the Port of Corpus Christi, and the (soon-to- be) new multi-purpose arena, and all in a relatively small area. At its south end is Magee Beach. "Miradors" (octagonal shelters from which Corpus Christi Bay can be observed) and benches are placed at regular intervals along the sidewalk. "T" heads and "L" heads (small drives which extend into the bay and serve as mooring docks for fishing vessels and private boats, as well as good places to go walking) occupy the center blocks of the area. Teaming with activity most of the time, they host floating restaurants, tour boats, shrimp boats, the Corpus Christi Yacht Club, fishing piers, jetties, a bait shop/seafood market, as well as other recreational opportunities. Restaurants, motels, hotels, office buildings, the federal courthouse, city parks, and the Memorial Coliseum line the city side of Shoreline Blvd. With all its natural appeal, until now there has not been an opportunity to give this area the element of cohesion. Because of the Seawall project, almost two miles of continuous walkway will be addressed. This will create the perfect opportunity to consider the available options for aesthetically unifying this most important part of downtown Corpus Christi. It has been suggested that the eligible funds for public art related to the Seawall Improvement Project might be best utilized to enlist the services of a visual artist with experienced in environmental design to collaborate with the engineers on this project. Together, the selected artist and the contracted engineering firm will create the design and plans for a bay front streetscape which would be engaging and would enhance and make delightful an already beautiful part of downtown Corpus Christi. The work on this 1.8mile stretch will be carried out in four phases (each by a different contractor), a unique reality and but one of the challenges to be addressed by this team. The Arts and Cultural Coinmission sees this as another great opportunity to serve the community and has agreed to use the eligible funds for public art related to this project to pay for the services of the selected artist and for additional costs resulting from design factors which would not otherwise occur in the engineering and construction plans for the Seawall Improvements Project. A design fee of not less than $20,000. will be awarded to the artist/designer selected to participate in the design of approximately $1.5 million dollars of streetscape improvements along the seawall. Artists with a collaborative spirit, who have experience working with engineers and find this project interesting are encouraged to send a list of references and documentation of past projects to Danny O'Dowdy, The City of Corpus Christi Percent for Art Program, Park &Recreation, Multicultural Services, 1581 N. Chaparral, Corpus Christi, TX., 78401, and should be postmarked no later than 11/25/01. 27 '! r CITY COUNCIL AGENDA MEMORANDUM City Council Meeting - August 28, 2001 AGENDA ITEM: Adoption of an ordinance authorizing the naming of the Agnes/Laredo Underpass at the Crosstown Expressway 286, as the "Westside Business Association Founders Plaza". ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a naming request from the Westside Business Association for an area that the Park and Recreation Department is responsible for with regard to the installation and daily maintenance of the landscaped areas. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted unanimously at their August 8, 2001 regular meeting to recommend that the City Council consider waiving the 60 day waiting period and the newspaper publication for the name request of the Agnes/Laredo Underpass at the Crosstown Expressway 286 as submitted by the Westside Business Association. The Committee also is asking that the City Council approve the requested naming of that area as the "Westside Business Association Founders Plaza" as requested. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks and recreation facilities and that process is finalized by the adoption of an ordinance. RECOMMENDATION: It is recommended that the naming of the "Westside Business Association Founders Plaza" be approved. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Exhibits X Morois ¢ t \ co uncflexl~ibits \ exn3 ? 5 I. ~ w~ LOCATION NOT TO PROJECT LOCA~ON UNDERPASS AT CROSSTO~ CZP P~ECT No. 3151 ~HIBZT A~ES - ~0 OEPAR~ENT OF EN~NEERING P~KZNG LOT R~OVAT~ONS PA~: 1 C~ OF CORPUS CHRI~I. TE~S 190 ~: 12/10/99 COUNCIl. POLICIES due deliberation act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title a~d/or title with sur~-,~e. k. All remarks shall be addressed to the Mayor and City Council a~d not to the Council Members as mcfividuals. 1. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the petitions part on nrm-age~da City-related matters. How- ever, such should be done in a factu~ precsse presentation and questions of Council or staff are/nappropriate. Loud, boisterous, profane, or obscene IA%~tage or b~-h~v/or is not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demon- stration, or other act disrupting to the City Council busi- These rules are not meant t~restrmn a citizen's fir~ amendment (Res. No. 21901, § 1, 3-22-94) Naming of Cit~ pm-ks and recreational facflitie~ ~hnll be ~ follows: Dom~t/om~. Upon d~ of at le~ 51 ~nt of ~e v~ue of a p~k ~ p~k fa~ ~d u~ ~ ~e P~k ~d ~fion Ad~ Com~, ~e Ci~ ~ may ~e ~ ~k ~ p~ f~ ~ ~e dona~ p~ de~a~. B. S~v~ ~. P~ ~d ~ ~ d~- cation ~d~ ~e ~s ~g ~in.n~ ~ ~ n~ by ~e P~ ~ ~a~ ~ ~mm~. No f~- C. ~ C~e. ~e ~ of Co~ ~ ~co~ages ~ w~ ~e ~-me ~ a p~k or ~k f~ Supp. No. 51 139 §6 CORPUS CHRISTI CODE the Park and Recreation Adv/sory Commit'tee will consider the request. The nnming of an nnn~ned new park or park fac/lity is preferred and is recommended. The following definitive steps shall be taken regard/ng a proposed name change. (1) Persons, groups, or organizations des/ring the name change shall fill out a request for name change and submit the proposal to the staff of the Park and Recrea~on Department for review and consultation with the requesting entity. (2) Name ch.n_~e requests sh.I1 be submitted to the Park and Recreaton Advisory Committee. No acton may be taken by the Bo~d for a mlnlmtlm of 60 days ai%er receipt of the proposal. (3) DUring the 60-day waiting period, legal notice shall be published twice in a newspaper of s=,~ml circulation g~ving no~ice of the t~roposed -s,-e e.b--_-~. (4) Written comments are to be submitted to the Park aha~ viduals are iavited to come before the Board to address the issue. (5) A~ the first me~-- afar t~....60~lay.w~-~ period, (m) Approve the ~ and r~fer the r~commenda- tigon to the C_ity..C...ouilcil; (b) Reject the request; or (¢) Table the request for future acto~ or additional i~formation. I~ the event the reclmmt i~ rej~md by the Board. the requestl-5 entry may appeal the reject to the (6) The Court/ii shall ~nsid~r th~ ~ and ~ither approve or reject the request. The Council, at it~ option, can waive all ~ hez~n ..p.rov~ided in c~memoratlnE or ro~i.li~4,~_ an individual or act. It' approved, the Park and R~reaton D~partment S~pp. No. 51 140 COUNCIL POLICIES § 9 shall arrange suitable renaming ceremonies. Costs assocmr~t with renaming ceremomes and the provi- sions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Specml Cons~ierations. In choosing names after individu- als, consideration may be g~Ven to persons hying or dead. Special consideraton shall be g~Ven t.o the contr/butions the person has made to the City, State, or Country. A facility or park may not be nzmed a/~r an individual currently /n public office or serving as an employee of a local governmental jurmdictio~ A one-year wa/~n_~ period after termination from public office or munidpal employ- ment is considered adequate. Names related to religiou~ denominations w/Il generally not be favorably considered unless the rules of donation apply. Input from neighbor- hood orgsni~-ations in the immediate vicinity oft. he park or facility w/ii be sou~ht in the case of a name chart? request. (Res. No. 21901, § 1, 3-22-94) 7. N~mlng of streem, The City Council hel'~by estlbli~he8 a ~ of d~llnl.g ~ ~h~n~e ~e n~es of s~ m ~e ~W of ~ ~ ~cepc ~d~ ~u~ ~n~g ~~. (h. No. 21~1, ~ 1, 3-~-94) 8. Nmning of City Final decisions regardin~ the l~ming of City facilities ~h~ll be the dedsian of the City Council. The City Council may request recommendations from City Boards, Colvmi~sions, Committees, or other advisory bodies. (Rea. No. 21901, § 1, 3-22-94) 9. Community Development Block Grant Program. Through the Community Development Block Grant Program, the City Council provides for the development ~n& preservation of a viable urban comm-~ity, a su/table living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, end aids m the preventien suM. No. 51 141 WESTSIDE BUSINESS ASSOCIATION / P o. BOX 5485 ~ CORPUS CHRISTI TEXAS 78405 August 8. 2001 Park and Recreation Advisory Board, The Westside Business Association (WBA) and its members are asking for your support in naming the newly revitalized area under the Agnes/Laredo Crosstown. The suggested name is the "Westside Business Association Founders Plaza." The WBA generated interest wtttfin its con-,an-amty und ,nem~ca~- t? re,~tatize the ,'trea af the Agnes/Laredo Crosstown. The WBA, along with its members, built strong partnerships with the City of Corpus Christi. Texas Department of Transportation and the Regional Transit Authority to insure the projects success. The WBA applied and obtain Community Development Block Grant Funding (CDBG) for this beautification Project. TxDOT and WBA provided and/or raised additional monies for a total of $220,000. The members and community has taken pride and ownership of this great project and the members have volunteered countless hours of painting, artwork, washing columns, etc., to ensure its success. We would certainly appreciate your support in the naming of the Agnes/Laredo Crosstown Revitalization Project. Sincerely, Anna M. Flores, WBA President Joe Guerra, Vice President Rose Soto, Vice President Tim Stephens, Secretary Dr. Steve Hall, Treasurer Betty Jean Longoria, Board Member Michael Flores, Board Member Lupe Gomez, Board Member Baldemar Perez, Board Member Sally Galvan, Board Member Nelly Ortiz, Board Member Ray Velasquez, Board Member Jul iB O1 I~: ~Bp FP~< NO. : Flnni M. F1~l-eS Aug. 24 2~8{3 {38:14AM P2 3S1 -.~41 -?BlJ 1~.3 OV PARI~ AND FACIL3T~-g ~f the core of the b~in~m~ ~un~tv. A=nesdLaredo corridDr. Tho ~Fm~ which consisted of a parking area was seen used by n~ only citizens of the area but wn~wp~ d~r~nq .the day not only~as a lunch spot but a' s9ot go just sit u~der the shade and visit. It wa~ ~.Srn,~b tho a~fort of the ~A th~t %he imprevements were accomplished but as N~~~~~ partnership of the City, p.A, ~oY ~. Cor~us ~hri~ti, mx 78469 361- 2~9-1383 RTA & TDOT. ~ offs requef~ 7/i ~,'51 0 tile://A:LP8120027.JPG 8/8/01 Page I of 1 tile://A:LP8120004.JPG 8/8/01 Page Iofl tile://A:~P8120032.JPG 8/8/01 Page 1 of I file://A:XP8120031.JPG 8/8/01 Page 1 of 1 lile://A:LP8120030. JPG 8/8/01 AN ORDINANCE WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; NAMING THE PARK FACILITY AT THE AGNESI LAREDO UNDERPASS AT THE CROSSTOWN EXPRESSWAY ON STATE HIGHWAY 286 AS THE WESTSIDE BUSINESS ASSOCIA- TION FOUNDERS PLAZA; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901, adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory Committee, the City Council waives the 60-day waiting period and publication of legal notice. SECTION 2. The park facility at the Agnes/Laredo Underpass at the Crosst~own Ex- pressway on State Highway 286 is hereby designated as the Westside Business Asso- ciation Founders Plaza. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, para- graph, subdivision, clause, phrase, word or provision of this ordinance, for it is the def- inite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. Publication of this ordinance 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, Texas. Notes and Comments