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HomeMy WebLinkAboutAgenda Packet City Council - 09/18/2001 CITY COUNCIL AGENDA City of Corpus ChrIsti September 18, 2001 - I r 1:45 p.m. Proclamation declaring September 17 - 23 2001 as "Constitution Week" Proclamation declaring September 19, 2001 as "Race Equality Day" Proclamation declaring September 21 - 23, 2001 as the Official Weekend of Bayfest Proclamation declaring September 24, 2001 as "Family Day - A Day to eat dinner with your children" Proclamation declaring the month of September, 2001 as "National Alcohol and Drug Addiction Recovery Month" Proclamation declaring the month of September, 2001 as "Prostate Cancer Awareness Month" Swearing-in ceremony for Deanie King. newly appointed Municipal Court Judge (Division D) Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 18, 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 opportilnity 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 your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado. habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Miguel Santoyo, Faith Temple. 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 City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Agenda Regular Council Meeting September 18, 2001 Page 2 E. MINUTES: 1. Approval of Joint and Regular Meetings of September 11, 2001. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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.) 2. Motion approving a supply agreement with Southern Paper and Chemical Company, Inc., Corpus Christi, Texas for approximately 682,000 garbage can liners in accordance with Bid Invitation No. BI- 0158-01. The award is based on total low bid for an estimated annual expenditure of $31,218.70. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve- months periods, subject to the approval of the supplier and the City -" CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 3 Manager or his designee. Funds are available from Warehouse Inventory for FY01-02. (Attachment # 2) 3. Motion authorizing the City Manager or his designee to execute a construction contract with Ener-Tel Services, Inc. for a total fee not to exceed $600,000 for the Wesley Seale Dam/Choke Canyon Dam Pump Station Surveillance and Security System. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements Phase 1 and Phase 2. (Attachment # 4) 5.a. Ordinance appropriating $8,000 from HEB Trust Fund Interest Earnings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, (Mildred and Lloyd Sessions Tennis Pavilion); amending the FY2001-2002 Budget, adopted by Ordinance No. 024528, by adding $8,000 to Trust Fund No. 6010. (Attachment # 5) 5.b. Motion authorizing the City Manager or his designee to execute a Project Management Agreement with Corpus Christi Tennis Association, Inc. for the HEB Tennis Center Expansion (Mildred and Lloyd Sessions Tennis Pavilion), and authorizing a transfer of $340,000 from the HEB Tennis Center Trust Fund and $246,138.50 from the No. 3288 Park Capital Project Fund. (Bond 2000 Project). (Attachment # 5) 6.a. Motion authorizing the City Manager or his designee to execute a one-year lease (with two one-year options) with Durrill Properties for the facility space to operate the Juvenile Assessment Center in the amount of $45,322 which has been budgeted in the 2001-2002 budget of the Corpus Christi Crime Control and Prevention District. (Attachment # 6) 6.b. Motion authorizing the City Manager or his designee to execute a one-year lease (with two one-year options) with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the amount of $25,211, which has been budgeted in the 2001-2002 budget of the Corpus Christi Municipal Court. Funding is available through the Juvenile Accountability Incentive Block Grant. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) . II Agenda Regular Council Meeting September 18, 2001 Page 4 7.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,365 from the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the Gang Analysis Unit of the Police Department and to execute all related documents. (Attachment # 7) 7.b. Ordinance appropriating $31,365 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the Gang Analysis Unit of the Police Department. (Attachment # 7) 8.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $10,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. (Attachment # 8) 8.b. Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants Fund from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to execute an amendment to the Passenger Facility Charge application submitted December 19, 1997, increasing the allowable collections to $41,083,878 and extending the collection period to April 1, 2023. (Attachment # 9) 9.b. First Reading Ordinance - Amending the Code of Ordinances City of Corpus Christ, Chapter 9 - Aviation, Section 9-62 Passenger Facility Charge by extending the collection period from May 31, 1998 to April 1, 2023. (Attachment # 9) 9.c. Ordinance appropriating $598,301 in the No. 4621 Passenger Facility Charge Fund to reimburse the City for approved PFC-funded projects previously paid from Airport Capital Reserves, Bonds, Interest, and Operating Funds and for the Terminal Building Reconstruction Project. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Historical Commission in the amount of $15,000 for production of historical videos of the City of Corpus Christi, with a city match of $15,000, which will be provided through . CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) II Agenda Regular Council Meeting September 18, 2001 Page 5 in-kind services by City staff and other individuals in the community, for a total project costs equal to $30,000. (Attachment # 10) 11. Ordinance appropriating $245,475 from the Unreserved Balance in the No. 1050 Federal/State Grants Fund as State Fiscal Years 2000- 2001 and 2001-2002 program income to fund dental, environmental health, laboratory, and nursing services for the period of September 1, 2000 through August 31, 2002. (Attachment # 11) 12.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,179 from the Federal Emergency Management Agency (FEMA) for the purchase of three Rapid Intervention Kits. (Attachment # 12) 12.b. Ordinance appropriating $31,179 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for fire fighting equipment in the No.1 050 Federal/State Grants Fund for the purchase of fire fighting equipment. (Attachment # 12) 13. Second 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. (First Reading - 9/11/01) (Attachment # 13) (RECESS REGULAR COUNCIL MEETING) I. CORPORATION MEETING: 14. CORPUS CHRISTI COMMUNITYIMPROVEMENT CORPORA TION (Attachment # 14): AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION Date: Tuesday, September 18, 2001 Time: During the meeting of the City Council beginning at 1 :00 p.m. Location: City Council Chambers City of Corpus Christi 1'" CITY COUNCIL PRIORITY ISSUES (Refer to legend 8tthe end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 6 1201 Leopard Street Corpus Christi, Texas 78401 1. President Rex A. Kinnison calls the meeting to order. 2 Secretary Annando Chapa calls roll. Board of Directors Officers Rex A. Kinnison, Pres. Javier Colmenero, Vice Pres. Brent Chesney Henry Garrett Bil/Kelly John Longoria Samuel L. Neal, Jr. Jesse Noyola Mark Scott W Thomas Utter, Gen. Mgr. Annando Chapa, Secretary Mary Juarez, Asst. Secretary Jorge Cruz-Aedo, Treasurer Mike Harty, Asst. Treasurer 3. Approve Minutes of July 10,2001. 4. Financial Report 5. Authorizing the Disposal of Lot 5, Block 1, Arcadia Subdivision to Del Mar College in consideration of Del Mar College building an Early Childhood Development Center and providing services to lower income families within the City of Corpus Christi. 6. Authorizing the General Manager to amend the CCCIC Rehabilitation Loan Handbook to allow homeowners who are receiving a demolition and replacement of their home in the Rehabilitation Program to elect to participate in the New Construction Homebuyer Program with the CCCIC as mortgagee. 7. Public Comment. 8. Adjoumment. (RECONVENE REGULAR COUNCIL MEETING) -, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 7 J. PUBLIC HEARINGS: 15.a. Public Hearing to consider vacating and abandoning the following street rights-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21 , 1937). (Attachment # 15) a. a 24,963.77-square foot irregular shaped area comprised of portions of Kosar, Florida, York, and South Staples Streets; b. a 3,656.43-square foot triangular area of the original Kosar Street right-of-way; c. a 35,415.47 -square foot portion of Naples Street from Baldwin Boulevard to Kosar Street; d. a 3,479.0 1-square foot triangular area atthe southwest side of York Street at its junction with Kosar Street; e. a 16,675.51-square foot portion of York Street from a point midway between its intersection with Kosar Street to the cul- de-sac at the north end of the street; and f. a 6,454.30-square foot portion of the south side of Baldwin Boulevard right-of-way from Naples Street to South Staples Street. 15.b. Ordinance vacating and abandoning the following street rights-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21 , 1937). (Attachment # 15) a. a 24,963.77-square foot irregular shaped area comprised of portions of Kosar, Florida, York, and South Staples Streets; b. a 3,656.43-square foot triangular area of the original Kosar Street right-of-way; c. a 35,415.47-square foot portion of Naples Street from Baldwin Boulevard to Kosar Street; d. a 3,479.01-square foot triangular area at the southwest side of York Street at its junction with Kosar Street; e. a 16,675.51-square foot portion of York Street from a point midway between its intersection with Kosar Street to the cul- de-sac at the north end of the street; and f. a 6,454.30-square foot portion of the souths ide of Baldwin Boulevard right-of-way from Naples Street to South Staples Street. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 8 15.c. Ordinance authorizing the City Manager or his designee to execute Special Warranty Deeds necessary for the conveyance of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to Section 272.001 (j) of the Local Government Code in consideration of the property being used for public higher education purposes and payment of the sum of $17,722.04 with covenant to maintain the premises requiring retainage of the necessary utility easements. (Attachment # 15) 15.d. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Del Mar College for the right to construct, install, maintain, and remove an entrance sign on the southeast corner of the City-owned Block 2, Arcadia Subdivision, which is occupied by the Arcadia Lift Station; and waiving the Use Privilege Agreement fee of $500 in consideration of the college maintaining grounds and landscaping outside lift station perimeter fence perpetually; and requiring Del Mar College to comply with the specified conditions. (Attachment # 15) ZONING CASES: 16. 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 1 0 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. (Attachment # 16) (Tabled from 9/11/01) 20% rule is in effect requiring seven (7) votes to approve the rezoning Planning Commission's Recommendation: Approval of the "B-1" Neighborhood Business District. Planning Staff's 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 9 17. Case No. 0801-03. First Baptist Church of Corpus Christi: A change of zoning from an "R-1A" One-family Dwelling District to an "1-2" Light Industrial District on First Baptist Church Tract, being 0.207 acre out of Lot 1A, located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. (Attachment #17) Plannina Commission's and Staffs Recommendation: Denial of the "1-2" and in lieu thereof approval of a Special Permit for an unenclosed modular skate park with four (4) conditions. ORDINANCE Amending the Zoning Ordinance upon application by First Baptist Church of Corpus Christi by changing the zoning map in reference to 0.207 acre out of Lot 1A, First Baptist Church Tract, (currently zoned "R-1A" One-family Dwelling District) by granting a Special Permit for an unenclosed modular skate park subject to four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 18. Case No. 0801-04. MTM Northwest. Inc. and MTM Northwest. Ltd.: A change of zoning from an "F-R" Farm-Rural District to a "B-4" General Business District on Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot 1, located on the south side of Northwest Boulevard (F.M. 624), approximately 600 feet west of County Road 69. (Attachment # 18) PlanninC} Commission's and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by MTM Northwest, Inc. and MTM Northwest Ltd. by changing the zoning map in reference to 3.50 acres out of Lot 1, Section 2, Nueces River Irrigation Park, from "F-R" Farm-Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 19. Case No. 0801-06. ONAC Developers: A change of zoning from an "R-1 B" One-family Dwelling District to a "B-1" Neighborhood Business District on Gardendale No.2, Block 1, being the north 179 feet of Lot - CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 10 34, located approximately 125 feet north of Curtis Clark Drive, approximately 165 feet east of Everhart Road. (Attachment # 19) Planning Commission's and Staff's Recommendation: Denial of the "B_1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a parking lot subject to a site plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance upon application by ONAC Developers, by changing the zoning map in reference to north 179 feet of Lot 34, Block 1, Gardendale No.2, (currently zoned "R-1B" One-family Dwelling District) by granting a Special Permit for a parking lot subject to a site plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 20. Case No. 0801-07. Emilio Cano: A change of zoning from an "A-1" Apartment House District and "B-4" General Business District to an "R-1C" One-family Dwelling District on Bohemian Colony Lands, Section 7, being 6.4 acres out of Lot 8, located approximately 150 feet south of Holly Road, approximately 150 feet east of Victor Lara Ortegon Street. (Attachment # 20) Plannina Commission's and Staff's Recommendation: Approval ofthe "R-1C" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by Emilio Cano, by changing the zoning map in reference to 6.4 acres out of Lot 8, Section 7, Bohemian Colony Lands, from "A-1" Apartment House District and "B-4" General Business District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 21. Case No. 0801-08. Nueces County Community Action Aaencv: A change of zoning from an "A-1" Apartment House District to an "R-1 B" One-family Dwelling District on Gulfway Airline Park, Block 2, being 5.866 acres out of Lot 31, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive. (Attachment # 21) 11"' CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 11 Plannino Commission's and Staffs Recommendation: Approval of the "R-1B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by Nueces County Community Action Agency by changing the zoning map in reference to 5.866 acres out of Lot 31, Block 2, Gulfway Airline Park, from "A-1" Apartment House District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 22. Presentation by the University of Texas at San Antonio (Attachment # 22) 23. FY2000-2001 4th Quarter BudgeUPerformance Report (Attachment #23) 24. Bond Issue 2000 Quarterly Report #2 (Attachment # 24) 25. Broadway Wastewater Treatment Plant Diversion Project (Attachment # 25) 26. Rand Morgan Road Option for 3'" Golf Facility (Attachment # 26) 27. Redevelopment of Airheart Street Stub (Deadend) as Open Space for Public (Attachment # 27) L. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 28.a. Motion authorizing the City Manager or his designee to execute an engineering contract with Halff Associates in the amount of $40,107 for the Dr. Hector P. Garcia Park Development Master Plan. (Attachment # 28) '-'. Jr. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I( Agenda Regular Council Meeting September 18, 2001 Page 12 28.b. Motion authorizing the City Manager or his designee to execute an engineering contract with Halff Associates in the amount of $80,266 for the Park and Recreation Master and Open Space Plan. (Attachment # 28) M. 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 que su ingles es Iimitado, habra un interprete ingles-espallol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. N. 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. 29. Executive session pursuant to Texas Government Code Section 551.071 regarding L-Head Bait Stand Lease, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2001 Page 13 O. 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. 30. CITY MANAGER'S REPORT . Upcoming Items 31. MAYOR'S UPDATE 32. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., Seotember 14 ,2001. ah J1f\ruyf0 ~{YlpA l Armando Chapa All City Secretary .. j NOTE: The City Council Agenda can be found on the City's Home Page at www.cLcorpus-christLtx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES I-CONTINUING PRIORITY ISSUES AirPort / Seawall / Convention Center / Arena . Continue quarterly reporting process for these initiatives. '86 Bond Issue Imorovements . 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-Ensrineerin2 . 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 I 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. Emolovee 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 Develooment Sales Tax . Establish election date. . Storm Water Utilitv . Reconsider implementation plan for a Storm Water Utility. Packerv Channel . Continue quarterly reports on the progress of the TIF and Beach Restoration Project. LandIDI . 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. CDDG . Continue active role. Frost Dank Duildinl! . Lease and complete renovation Annexation Plan . Implement current island annexation plan ADA Transition Plan . Develop and approve ADA Transition Plan within 90 days. Redistrictinl! . 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. Citv / Countv Health Issues . Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketinl! of CC Museum and Columbus Ships . Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet - -. I NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City COIUlcil action/implementation plans for the following priority areas: o Desalination Pilot Project . n *Code Enforcement in Trashy Neighborhoods ~ *Employee Classification Study . Ma ster Drainage Plan L Garwood Water . *New Golf Course ~ (Ii> [IJ ~ ~ *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 ~ 1TI Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) ~ **Road Projects I Southside Traffic Plan J' 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 onlofframps on SPID) *Five Points Ambulance Effiuent Plan for Leopard Medians RTA-Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 I'" MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS September II, 2001 - 12:04 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex Kinnison Brent Chesney* Javier Colmenero Henry Garrett Bill Kelly* Jesse Noyola Mark Scott CONVENTION AND VISITORS BUREAU Brad Lomax, Board Chairman Bill Goin Bill Morgan Govind Nadkarni Jody Patel Bert Quintanilla John Trice Dan Viola Lillian Riojas (Ex-Officio) City Staff Present City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ramon ABSENT John Longoria (Council Member) Vangie Chapa (Board Member) Cristina Garza (Board Member) Victor Gonzalez (Board Member) Dave Prewitt (Board Member) Linda Routh (Board Member) Tom Schmid (Board Member) Berney Seal (Board Member) Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that a quorum of the Council was present to conduct the meeting. He said the CVB Board did not need a quorum since they were only providing information to the Council. The Mayor asked for a moment of silence to remember the victims of the terrorist attacks earlier that day in New York City and Washington, D.C. He said he had asked that all the flags on city buildings be lowered to half-staff in memory of the victims and their families. He said there will be a press conference at 4 p.m. to discuss the city's response to the attacks. Mr. Lomax reported that the CVB' s fiscal year began on August I st and the organization is fully staffed, including the presence of four convention/sales people. Mr. Wayne Bennett, CEO, introduced Mr. Mike Wheeler of the firm ofFite and Wheeler. He explained that the audit of the CVB's operations from January through July 2000 was particularly time consuming because it involved the seven-month period following the break up of the former Greater Corpus Christi Business Alliance into three separate entities. Mr. Wheeler said the next audit should be completed on a much more timely basis for the period of August 2000 through July 2001. He then discussed specific aspects of the audit. T Minutes - Joint Meeting September 11, 2001 Page 2 *Council Members Kelly and Chesney arrived at approximately 12: 1 0 p.m. Council Members Scott and Chesney questioned the need to hold the meeting in light of the day's tragic events. Mr. Bill Pettus of Pettus Advertising discussed the CVB' s recent marketing efforts, including the "Sand Dollar Savings" campaign and recent print advertisements. Mr. Bennett commented on the visitor and vehicle activity at the visitor information centers as well as the convention sales marketing plan and the leisure tourism sales goals. Ms. Carol Dunton, Public Relations Manager, briefed the Council about changes on the CVB's web site. Mr. Bennett said he has been talking with airline representatives about improving air access to Corpus Christi through increased promotions to meeting planners. Mr. Trice talked about the evaluation of the CVB's performance in the areas of finance, sales, media performance, and web site performance. He said the CEO will be evaluated twice a year and the board will keep the Council and the public informed about those issues. Mayor Neal asked what was being done to address the fact that schools will be starting later next year, either in late August or early September. Mr. Bennett said that will affect both leisure sales and convention sales, and he noted that two additional conventions have already been booked for late summer. Mr. Scott commented on the "I Believe in Corpus Christi" web site provided by the Economic Development Corporation and he said some citizens have offered to put together a community calendar on the web if the CVB can provide information for it. Mayor Neal thanked the CVB board members and staff for their efforts. There being no other business, the Mayor adjourned the meeting at 12:50 p.m. on September 11, 2001. ************* MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 11, 2001 1 :00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ramon ABSENT John Longoria Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 28, 2001. A motion was made and passed to approve the minutes as presented. ************* Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Sister City Committee Sue Dulaney (Reappointed) Gary Hansen (Reappointed) Marvin Davis (Reappointed) Rose Gunji (Reappointed) Raquel Madrigal (Reappointed) Edna Balboa Wayne Bennett Mannti Cummins C.C. Downtown Management District Dan Richter Nueces County Community Action Agency Mayor Loyd Neal (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member John Longoria (Reappointed) ************* Mayor Neal called for consideration of the consent agenda (Items 3-14). Council members requested that Item 4 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: . Minutes - Regular Council Meeting September 11, 2001 Page 2 3. M2001-345 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 Transportation as the City's share of construction costs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 5. M2001-347 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6. M2001-348 Motion authorizing the City Manager or his designee to execute a construction contract in the amoWlt 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. M2001-349 Motion authorizing the City Manager or his designee to execute a construction contract with Thyssen Steams, 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 8. RESOLUTION NO. 024571 Resolution authorizing the City Manager or his designee to execute a mutual aid firefighting agreement between Naval Air Station Corpus Christi and C.C. International Airport. T Minutes - Regular Council Meeting September II, 200 I Page 3 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9. M2001-350 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10. M2001-351 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Il.a. M2001-352 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. II.b. ORDINANCE NO. 024572 Ordinance appropriating a $276,382 grant from 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. II.c. RESOLUTION NO. 024573 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the after school snack - Child r ~ Minutes - Regular Council Meeting September 11,2001 Page 4 and Adult Care Food Program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12.a. M2001-353 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12.b. ORDINANCE NO. 024574 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 13. ORDINANCE NO. 024575 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 14. ORDINANCE NO. 024576 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 second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. T Minutes - Regular Council Meeting September 11,2001 Page 5 Mayor Neal opened discussion on Item 4, geotechnical investigation for the arena and convention center projects. Council Member Kelly noted that his office is in proximity to that area so he would be abstaining from discussing or voting on that item. City Secretary Chapa polled the Council for their votes as follows: 4. M2001-346 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. for the multipurpose arena and convention center expansion/rehabilitation project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. ************* Council Member Chesney referred to the terrorist attacks in New York City and Washington, D.C., that occurred earlier that morning and he asked ifthe Council could consider only the time- sensitive agenda items and defer all the rest out of respect for the victims. Mayor Neal said that while he shares the concerns of all Americans regarding those tragedies, they have notified the citizens of Corpus Christi that proper steps have been taken to secure the city and business operations need to proceed. Mr. Chesney then made a motion to consider only the time- sensitive agenda items and to adjourn the meeting after that. Council Member Kelly said he also shares the Council's concern about what transpired in those cities. However, he said, the terrorists' intention was to disrupt the operation of the United States and he urged that the Council not give in and continue moving forward. Council Member Kinnison seconded Mr. Chesney's motion. Council Member Colmenero said he felt it was important that government not stop operating despite the terrorist acts. City Secretary Chapa polled the Council for their votes on Mr. Chesney's motion. It failed to pass by the following vote: Chesney, Kinnison, and Scott voting "Aye"; Neal, Colmenero, Garrett, Kelly, and Noyola voting "No"; Longoria absent. ************* Mayor Neal referred to the presentations on the day's agenda, the first of which (Item 15) was made by Ms. Elizabeth Walker regarding voluntary citizen water conservation efforts on a year- round basis. She said most people do not realize that Corpus Christi is located on the northern edge of the Wild Horse Desert, which extends south to the Sierra Madre mountains in Mexico. As a result, the Corpus Christi area does not receive a great deal of rainfalL Ms. Walker said she has formed a committee which will develop water conservation ideas Minutes - Regular Council Meeting September 11,2001 Page 6 that will be promoted through the media and the school systems. She said if people continue to conserve water throughout the year, the mandatory conservation regulations will not be such a shock if they are implemented. Ms. Walker said Dr. Alan Berkebile at Texas A&M University-Corpus Christi has agreed to serve as the resource person for the committee and the members include: Dr. Jennifer Smith-Engle, Dr. Victoria Smith, Velma Soliz-Garcia, Shawn Donnoly, and Ed Garafia (Water Superintendent). Ms. Walker said she had spoken with the Mayor and Council members and they all agreed that the city needs to conserve water. Council Member Chesney commended Ms. Walker for her efforts and he said he would be willing to serve on the committee in an advisory capacity. Mayor Neal said the Council was supportive of Ms. Walker's proposal and he urged her to work with City Manager Garcia regarding the mechanics of the voluntary conservation efforts. With regard to the Council's recent discussions regarding desalination, Ms. Walker said she feels that drilling down to the brackish water level on Padre Island will strip it of the wildlife vegetation that grows there. She added that the salinity level in the Gulf of Mexico is not as high as Corpus Christi Bay and the Laguna Madre. The Mayor said the necessary scientific data will be obtained through the request for proposal process. ************* The second presentation (Item 16) was the quarterly update on the city's health insurance programs. Mr. Jorge Cruz-Aedo, Director of Financial Services, said that changes in the programs, particularly Citicare and Citicare Q-Plus, have had a positive impact. He said the unaudited total cash flows for all plans from August 2000 to July 200 I showed a net income of $721,222, while the unaudited cash flows for Citicare for the same period resulted in a net income of$925,877. He noted that about one year ago, the city was having to appropriate monies to balance the fund. The Citicare Fire program had a net income of$164,699 and Public Safety Citicare had a net loss of $367,382. Mr. Cruz-Aedo also reviewed the city's actions to date regarding program changes and he discussed proposed actions. He said staff is currently reviewing all the existing health and benefit policies so as to align the contracts with the end of the city's fiscal year (July 31). Staff is also looking to add improved dental and vision programs for city employees and they are considering the issuance of a request for proposals for pre-certifications/utilization review. Mr. Cruz-Aedo discussed the city's other Risk Management programs: workers compensation administration, general/auto liability administration, purchased insurance, and safety programs. He said the workers compensation paid claims increased 10.6% from August 1999-July 2000 to August 2000-July 2001. He said the city is self-insured for general and auto liability and two city claims adjusters process all the claims. The Financial Services Director delineated the city's purchased insurance and referred to the safety programs. Responding to Mayor Neal, Mr. Cruz-Aedo said that following the recent audit, staff has implemented programs that ensure heightened supervision of the third-party administrators. The Mayor requested an update on that issue in the near future. He also asked how the city carries on its books the estimated liabilities for workers compensation and the self-insured general liability. Mr. Minutes - Regular Council Meeting September 11, 2001 Page 7 Cruz-Aedo replied that they are carried as liabilities that may be incurred. The Mayor asked for additional information on how staff is using the actuarial study and how it affects the short-and long-term liabilities. Council Member Colmenero asked about the diabetic care program. Mr. Cruz-Aedo said staff has focused on the educational and training aspects and piloted some diabetic training programs with a local provider, which was very successful. He said staff will be bringing to the Council a proposal for a diabetic prevention program. Council Member Garrett asked if staff is trying to address the high cost of prescription drugs. Mr. Cruz-Aedo said there is a need to make changes in the plan designs of the Citicare Fire and Public Safety Citicare programs. He added that staff is looking at a variety of options for prescription drugs, including mail order and discounted programs. Mr. Garrett asked if the city has any input in determining whether or not a drug is generic. Mr. Cruz-Aedo said the city does not but there are standards for generic and non-generic drugs. Mayor Neal recessed the Council meeting in order to read the day's proclamations. ************* Upon reconvening, Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0701-01. Alma Gloria Zuniga: A change of zoning from an "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District on Mathis Estates, Lot 1, located on the northwest corner of Gollihar Road and Laura Place. City Secretary Chapa said the Planning Commission recommended 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. He said the staff recommended denial. He said the 20% rule is in effect. Mr. Michael Gunning, Director of Planning and Development, described the proposed zoning change and the location of the subject property on the corner of Gollihar Road and Laura Place. He said the applicant, Ms. Zuniga, requested the "B-1" zoning in order to operate a two-chair beauty salon within the single-family residence which fronts on Gollihar Road. He said Ms. Zuniga plans to use the 2,600-square foot home primarily as her residence and the converted garage area as the beauty salon. Mr. Gunning said that in 1977 a special permit was granted to the subject property for the operation of a shell and plant shop but Ms. Zuniga was not the owner at that time; however, the special permit expired in 1994. He said staff was recommending denial because of the home's location in a residential neighborhood while the Planning Commission was recommending denial of the "B-1" but approval ofa special permit for the beauty shop with seven conditions. Mayor Neal called for comments from the audience. Minutes - Regular Council Meeting September II, 200 I Page 8 Mr. Paul Russo, 4426 Randall, expressed concern about the amount of traffic that would be generated and said he was opposed to the outright rezoning and to the granting of a special permit. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison and passed. In reply to Mayor Neal, Mr. Chapa explained that the 20% rule applies when landowners representing 20% of the land area within a 200- foot radius of the subject property are opposed to a zoning change. In that case, three-fourths of the Council (seven votes) is required to approve a change. Mr. Gunning said the most recent calculated percentage of opposition was 3 I .5%. He then replied to Council members' questions regarding the previous special permit use. He noted that some residents indicated that they were opposed to the rezoning to "B-1 n but not necessarily to the proposed special permit for the beauty shop. Council Member Garrett asked how many homes near the subject property face Gollihar and Mr. Gunning said the subject property is the only one. He said most of the properties to the south face Gollihar. Mayor Neal asked the applicant to come forward. Ms. Alma Zuniga, 3322 Gollihar, said she spoke to her neighbors about her desire to operate a small beauty shop out of her home and many of them signed a petition in favor. Council Member Colmenero asked Ms. Zuniga if she spoke to the neighbors who were opposed. She replied that she spoke to Mr. Bob Rice, who lives at 4429 Laura Place, who was opposed initially to the "B-1" but she said he is not opposed to the special permit. Responding to additional questions from Mr. Colmenero, Ms. Zuniga said she has lived on the property for almost two years and she said she wanted to operate her beauty shop there because she cannot afford to rent a space for her salon. She said she anticipates having only one or two clients at a time. Council Member Noyola asked Ms. Zuniga if she agreed with the seven conditions of the proposed special permit and she replied affirmatively. Mr. Colmenero asked why staff was opposed to the special permit. Mr. Gunning said staff tries to protect neighborhoods, particularly when there is opposition to a zoning change. He said he feels this special permit is inappropriate because it introduces a non-residential use into a neighborhood. However, the Planning Commission felt that Ms. Zuniga's intention to limit the salon to two chairs and the large size of her lot (17,242 square feet) were sufficient reasons to recommend the special permit. He added that since the base zoning would remain "R-IB," the only signage Ms. Zuniga would be allowed is a one-square foot wall sign. Responding to Mayor Neal, Mr. Russo said he has lived at 4426 Randall for II years. He said when he moved there, the previous owners of the home at 3322 Gollihar sold Christmas trees out of their driveway and he said there was a lot of traffic and some wrecks as a result. Mr. Colmenero said this is the only property on the north side that has direct access to Gollihar and it is only one block away from the comer of Kostoryz and Gollihar where an HEB grocery store is located. He said most of the opposition is from residents on Randall and Laura Minutes - Regular Council Meeting September 11,2001 Page 9 streets, which will not be affected for the most part. Mr. Chapa polled the Council for their votes: 19. ORDINANCE NO. 024577 Ordinance amending the Zoning Ordinance upon application by Alma Gloria Zuniga by changing the Zoning Map in reference to Lot I, Mathis Estates (currently zoned "R-IB" 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. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney voting "No"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 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 "B-4" 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. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024578 Ordinance 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, Lakeview Acres, from "B-1" Neighborhood 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. 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 referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting September II, 200 I Page 10 21. Case No. 0801-02.lrme'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 I 0 and northeast half of Lot II, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. City Secretary Chapa said the Planning Commission recommended approval of the "B-1" Neighborhood Business District and the Planning staff recommended denial. He said the 20% rule is in effect on this case also. Mr. Gunning said there is 39.1% opposition to this case. He said the applicant, Ms. Irma Ornelas, is requesting a change of zoning from "AB" to "B-1" in order to include retail sales of skin care products and jewelry at her existing business as well as to expand its size and to increase the signage. He showed slides of the subject and adjacent properties. Mr. Gunning said staff discussed with Ms. Ornelas the possibility of retaining the "AB" zoning and recommending a special permit for retail sales. Ms. Ornelas was not in favor of that option because it would limit her business to one 20-square foot wall sign but he said she could apply to the Planning Commission for a conditional sign permit to substitute the wall sign for a 20- square foot free-standing sign. He said staff also discussed rezoning to "B-IA" but the property owner, Mr. Richard Whitt, was opposed because of the masonry fence requirement at the rear. He said the "B-IA" district is designed to protect abutting residential properties. He added that in the near future the Council will be hearing a request to rezone the property located on the corner of Jacquelyn Drive and Everhart to "B-1," so their action on this case will impact the future case. Mayor Neal called for public comment. Ms. Irma Ornelas, 4517 Snead Dr., said she has been in business for the past 14 years, the last three years at 745 Everhart, Suite B. She said her business has outgrown its current location and she now has the opportunity to expand it an additional 1,000 square feet for a total of 1,700 square feet. She said it is important to include retail sales in order for her business to survive and she showed pictures of the subject property and surrounding areas. In response to Council Member Scott, Mr. Gunning said the zoning designations around the subject property include "R-IB" across the street and behind it and "B-4" on the corner of Everhart Road and South Staples Street. He said the other uses are legal "AB" uses. Replying to Council Member Kelly, Mr. Gunning explained that the applicant has to have authorization from the property owner to submit the zoning request, which Ms. Ornelas did. He said that Mr. Whitt is opposed to the "B-IA" zoning because of the masonry fencing requirements. Mr. Kelly asked ifMr. Whitt has the option of withdrawing the zoning request ifthe Council decides to grant the "B-IA" zoning but not the "B-1." Mr. Gunning said since the owner went on record that he is opposed to the "B-IA," the 20% rule is already in effect, which will require seven Council votes to approve the "B-IA" over the owner's objections. However, he said if the Council approved that zoning Mr. Whitt and his tenants would have to abide by it. ~ Minutes - Regular Council Meeting September II, 200 I Page II Mr. Gunning said staff did not prepare a special permit ordinance because the applicant was specifically asked by the Planning Commission about that option and it was rejected due to the sign restrictions. Council Member Scott said Mr. Whitt told him that morning that he would not be able to be present due to business obligations. Mr. Gunning said if the Council wished, staff could meet with Mr. Whitt and Ms. Ornelas again to discuss the "B-IA" zoning and/or a special permit. Responding to Council Member Colmenero, Mr. Gunning discussed traffic issues, noting that the problem has to do with left-turn movements onto Everhart from the subject property. Ms. Ornelas said she did not feel the zoning change would result in additional traffic because her services are provided by appointment only. She reiterated that Mr. Whitt objected to the fence requirement under the "B-IA" zoning. She said Mr. Barry Abels, Executive Director of the Corpus Christi Jewish Community Council, said they objected to the whole block being rezoned to "B-1" but that he did not object to only the subject property being rezoned to "B-1." In reply to Council Member Chesney, Mr. Gunning said a salon is permitted in the "AB" district but retail sales are not, which is why Ms. Ornelas would need either a special permit for retail sales or the "B-1" zoning. He said staff is planning to propose amendments to the "AB" district to allow for limited retail sales and additional signage. He also further explained the conditional sign permit process. Mayor Neal asked if the Council could grant the "B-IA" zoning with a special permit and delay the masonry fence requirement for up to 12 months. Assistant City Attorney Doyle Curtis said they could. Mr. Gunning explained the difference between the "B-1 A" and "B-1" uses, which include landscaping and set-back requirements. Council Member Noyola said these restrictions are hurting Ms. Ornelas as a small-business owner. Mr. Scott said he spoke with Mr. Abels of the Jewish Community Council (JCe), who told him the board was no longer in opposition to this zoning change. Mr. Gunning said if the JCC sent a letter in support, the 20% rule would no longer be in effect. Mr. Scott said he would like Mr. Whitt to be present and he made a motion to table this zoning case until the September 18,2001 Council meeting. Mr. Chesney seconded the motion and asked staff to speak with the others who are opposed to the zoning change. Mr. Curtis pointed out that the "B-IA" landscaping would not apply to this case because it only applies when converting from a residential use to a non-residential use. Mayor Neal called for a voice vote and the motion to table passed unanimously (Longoria absent). 21. TABLED O,d;uano:c; alllwdiug tho: Zuning Oldilial1co: upon aJ.1jJI;~"t;vu by I,ll'" s Skin CatC; Clinic; b} \J.laIlO~110 tIn... ZVll~l1g. !vIal-' ~H .l""K...J.I,.,U\A," Lv Lut 18 aud uv,dilGa6t half of Lot 11, SuuuJ";J."" Ship, f10m "AD" P,ofc;ssiollal Offi" Distri.:t to "B-1" N~;gl,bo,hMd Businc;ss Di,t,;d, anlGllding the.. 'onJ.pl,h'n~i\'(.. plan Lv a"",",vuul fu.l au] d(..viatiOllS HUH! tin... ,",A;~L;uo Culllplc;hwsivc; Plan. ************* Minutes - Regular Council Meeting September 11, 2001 Page 12 Mayor Neal referred to the third presentation (Item 17), the Economic Development Corporation (EDC) annual report. Mr. Joe Adame, Chairman, thanked the city for its continued support. He said the "1 Believe in Corpus Christi" campaign is going well and additional visits to other communities are planned to discern what are their best practices. He said the EDC board would like to meet with the Council on a quarterly basis. Mr. Ron Kitchens, President and CEO, referred to the EDC's annual report and he noted that 2,881 new jobs were announced last year in the community and an additional 5,400 permanent jobs will be created by contractors permanently assigned to two specific projects. He said the employment situation has changed in the country, which he described. Mr. Kitchens also discussed the EDC's marketing efforts, including leads, suspects and prospects and the organization's web site. He said they are concentrating on existing clusters and developing new ones. He also discussed the EDC's agreement with NASA and said the EDC was selected by the largest entrepreneurial foundation in the United States to serve as a case study for entrepreneurial development in a community. Mayor Neal said he recently spoke with the city's largest local contractor, who said he has more people on his direct payroll now than at any time in the history of his company. Council Member Chesney commended Mr. Kitchens for the report and he asked about numbers of new jobs. Mr. Kitchens explained that their report counted primary but not secondary jobs, such as retaiL Council Member Colmenero commented on how national trends and slow-downs affect the local economy. Council Member Scott said the EDC's report noted that the return on investment was 3,949% and he thanked Mr. Kitchens, Mr. Adame and the board for the "1 Believe in Corpus Christi" campaign. He also discussed the importance of the EDC's regional approach. Responding to Council Member Kelly, Mr. Kitchens said that this year many companies stopped their relocation efforts because of the condition ofthe national economy. He said the EDC intends to study which facilities are most needed in Corpus Christi as well as the issue of incentives. Mr. Kelly said the EDC should also identifY things that the Council can do to assist their efforts that do not cost the taxpayers very much money. Mayor Neal recessed the regular meeting to hold a press conference with city and county leaders to discuss their response to the terrorist attacks earlier in the day on New York City and Washington, D.C., as well as the security steps taken locally. ************* Upon reconvening, Mayor Neal opened discussion on Item 22, zoning application by Mr. Alfonso Benavides. City Secretary Chapa noted that the public hearing on this zoning case was held on August 21, 200 I and the hearing was closed and the case tabled to this date. Mr. Gunning said the zoning case was tabled to allow staff to meet with the applicant to develop a special permit for a bakery with an underlying "AB" zoning district. Mayor Neal called for public comment. T Minutes - Regular Council Meeting September 11, 2001 Page 13 Mr. Benavides said he and his wife would prefer to have the "B-1" zoning originally requested, although they would accept the "AB" zoning with a special permit for a bakery if the Council does not leave them a choice. He said they believe the "AB" zoning would be too restrictive particularly with regard to signage and in-room dining. He noted that their property is located on Leopard Street, which is predominantly commercial and will continue to be developed that way in the future. He showed pictures of his property and the surrounding properties and said they would not establish a business that would be detrimental to his neighbors because they live there also. Mr. George Gonzales, Mr. Benavides' son, spoke about the difficulties of starting a private business even in a free-enterprise system. Council Member Kelly said he looks forward to Mr. Benavides' business opening. He noted that when the other property owners in that area purchased their homes, they expected that the surrounding property would retain the zoning that was in place at that time. He said in that area of Leopard Street there are numerous homes on the same side of the street as Mr. Benavides' property. He said he supports a special permit for the Benavides' business but he does not support "B-1" zoning because the neighbors deserve a certain level of protection until the entire transition to business zoning takes place. Council Member Noyola referred to the development plan for that area. Mr. Benavides pointed out that he talked to his neighbors about his plans, in particular Mr. McCain. Responding to Mr. Noyola, Mr. Benavides said his family does not plan to live on the subject property and they were willing to allow for a sufficient buffer area at the back of their property to protect the neighbors. Mr. Gunning said the "AB" district allows both residential and professional office uses as well as the bakery use with the special permit. Mr. Benavides said his lot is 107 feet wide and ifhe wanted to live in the back, he would need to leave a 35-foot strip on one side to provide access to the back ofthe property, which he said he does not have. He further discussed specific aspects of the subject property as well as his future plans. Council Member Garrett asked Mr. Benavides ifhe planned to have a drive-through window at his business. Mr. Benavides replied that maybe in the future he would. Council Member Colmenero asked the applicant ifhe will be able to operate under the special permit conditions. Mr. Benavides replied that they are very restrictive with regard to signage and indoor seating. Mr. Gunning said the special permit was not restrictive, adding that the applicant can apply for a conditional sign permit to convert the wall sign to a free-standing sign. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024579 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-lB" 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 existing Comprehensive Plan. T Minutes - Regular Council Meeting September II, 200 I Page 14 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola voting "No"; Longoria absent. Responding to Mr. Kelly, Mr. Gunning said the Planning Commission is authorized to approve a conditional sign permit, which would not have to come back before the Council. He said it is a speedy process. ************* Mayor Neal called for petitions from the audience. Rev. Gene Stewart, 4230 Snowmass, said he is pastor of Reach Out for Christ Mission Church, which has a 60-day permit this year to hold missions on the corner of Leopard and Crosstown Expressway. He said they would like to "borrow" 30 more days from next year's permit to use this year for missions. He described the church's efforts, including helping the homeless, the jobless and those who need assistance. Mr. J.E. O'Brien, 4130 Pompano, said he thought it was outrageous to conduct business as usual on a day of unprecedented loss oflife in this country. He referred to penalties assigned the city as a result of the workers compensation audit. He also noted that the presentation on the city's Risk Management program (Item 16) was for informational purposes only and he said that issue should have been discussed in a workshop session. Mr. O'Brien questioned why the city's water rates were raised when there should have been a savings for the purchase of water from Lake Texana. Mr. R.F. Hasker, 1813 Wallace, referred to the issues on the August 28,2001 agenda about the Garwood pipeline from the Colorado River (which he said was not clean) and a proposed pilot desalination project. He also said the Mary Rhodes Pipeline has leaks in it. Mr. Jack Gordy, 310 Norton, discussed the difference between incident and offense reports and motor vehicle accident reports, as well as the cost for each charged by the city. He also said that during the August 21 st Council meeting, Council Member Chesney handed a letter from the County Attorney to the City Manager, and Mr. Gordy said Mr. Garcia then threw the letter away. He said Mr. Garcia should be reprimanded for that action. Mr. Leon Perez, 904 Buford, criticized the required water releases mandated by the Texas Natural Resource Conservation Commission. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23 regarding regulations of bed and breakfast (B&B) facilities. Mr. Gunning said that on August 28,2001, the Council tabled the actions on the zoning text amendments related to the B&B uses, which gave staff the opportunity to continue meeting with representatives of the B&Bs and neighborhoods. He said in the original ordinance, staff had defined . Minutes - Regular Council Meeting September 11,2001 Page IS two types ofB&B uses: a bed and breakfast home, which is permitted in single-family residential areas and other zoning districts; and the bed and breakfast inn, which is allowed in more high- intensity zoning districts. Mr. Gunning then reviewed proposed changes to the zoning text amendments following passage of the ordinance on first reading. He said that originally the ordinance established the Zoning Board of Adjushnent as the entity required to approve the B&B permits but the Council directed staff to change it to the Planning Commission and City CounciL Another proposed change has to do with notifying neighbors in a 500- foot radius as opposed to a 200- foot radius in the original ordinance and establishing a separation distance of 1,000 feet (instead of300 feet) between B&Bs. The number of rooms and boarders went from five rooms and 10 boarders to four rooms with double occupancy. He also referred to the regulations regarding the location of dumpsters, ancillary uses, and the definition of "family." He said other issues discussed with the B&B owners and residents were transferability of ownership and deed restrictions and covenants. Mr. Gunning said that in order to provide a mechanism for review ofthe use ofB&B homes in residential neighborhoods, staff is recommending the creation of a specific-use permit (SUP) process designated as Article 25A in the Zoning Ordinance. He said the permit is intended to allow extraordinary or unusual uses to locate in the zoning districts where the use is permitted but may not be exactly consistent with adjacent properties. He said staff reviewed special use processes in other Texas cities to draft their proposal, which he described. Mr. Gunning said that representatives of the Del Mar Neighborhood Association (who were not present at the Council meeting) are still opposed to the existence ofB&B homes under any circumstances in neighborhoods. Mayor Neal called for public comment. Mr. Ed Mickley, 141 Atlantic, said he and his wife co-own a bed and breakfast at that location. He said they believe that B&Bs are a positive influence on the community and provide an alternative to hotels, including a different level of safety for females traveling alone. He described a typical setting for B&Bs, which are small businesses located in neighborhoods. He said regulations and guidelines are important but he expressed concern about over-regulating them. Mr. Mickley said he also wants his neighbors to be comfortable with the B&B that they own and operate. He addressed the proposals regarding off-street parking, number of rooms and boarders, and others. Mr. Bob Wallace, 350 Grant, said he was representing Dr. Stanton Shoemaker, who owns a bed and breakfast at 3275 Ocean Drive ("Ocean House"). Mr. Wallace said that Dr. Shoemaker has participated in the development of this proposal and he generally supports the regulations, but there are many misconceptions about the operation of his business. He said the location of many of the existing B&Bs is not widely known, but Dr. Shoemaker's home on Ocean Drive is very visible, primarily because he requires parking attendants for any events held there, some of which he described. He said Dr. Shoemaker would like to continue to hold small events at his B&B and he raised concerns about some of the proposed changes. Mayor Neal asked if Ocean House should have different rules because it is located on Ocean Drive. Mr. Wallace replied that they believe the regulations should be based upon the capacity of T Minutes - Regular Council Meeting September 11,2001 Page 16 each home. The Mayor asked that once an exception is made for Ocean House, how can an exception be made for other B&Bs of a similar size. Mr. Wallace said that option should be available if people can use their property in a limited way without impacting their neighbors. Mayor Neal said it is an issue of the use ofB&Bs. Council Member Scott said he had received complaints from people living on the other side of Hewitt Drive regarding noise emanating from Ocean House. Mr. Wallace said that on one particular day, Dr. Shoemaker had a wedding at his home while a large all-night party was held at a neighbor's house by a young adult whose parents were out of town. He said people erroneously assumed the loud party was at Ocean House. He said Dr. Shoemaker has never had a party with music playing after 10:30 p.m. Mr. S.M. Cowling, 138 Southern, discussed the importance of maintaining the integrity of neighborhoods and the homes that people work hard to purchase. He said a bed and breakfast, to a certain extent, is a high-class boarding house, which is required to be located in multi-family areas. He said he believes B&Bs should not be allowed in single-family areas and only the existing ones should be "grandfathered" to conform with regulations for no more than four boarders. He said single-family neighborhoods are the heartbeat ofthe city. Ms. Tracy Smith, owner of the George Blucher House Bed and Breakfast, said if the Council over-regulates B&Bs it will be nearly impossible for new ones to open. She said they are in the process of forming the Corpus Christi Area Bed and Breakfast Association so the owners can support each other and promote Corpus Christi as a B&B destination, which it currently is not. She noted that her home is located in a commercially zoned area and she questioned several of the regulations. In response to Ms. Smith's questions, Mr. Gunning said B&Bs are intended to be owner- occupied but the regulations address their use as commercial establishments as opposed to family habitations. Consequently, he said, owners are allowed to hold gatherings for family members and guests but once a fee is attached to those events, they become commercial uses and should be regulated. He also discussed the issue of serving alcohol. Deputy City Manager Noe said there is not a specific prohibition against a caterer bringing in a breakfast for B&B guests but there is a prohibition against renting the facility for special events. Responding to Council members' questions, Mr. Noe said the key is not who is attending a party but who is holding the party and whether or not there is a fee associated with that. Following additional discussion, Mayor Neal referred to the summary list of 12 elements in the proposed regulations (page 260 of the agenda packet) and he asked the B&B owners present to state whether or not they agreed with each one. The three issues they asked to be changed were: #5- off-street parking; #6 - number of rooms and boarders; and #8 - ancillary uses (special events, receptions, valet parking). The B&B owners asked that the regulations be changed to require one-half space of off-street parking per rental room; five guest rooms with no more than 10 occupants; and minimal ancillary uses. Mayor Neal suggested that special uses not be "grandfathered" so as to require B&B owners to go through the specific-use permit process if they wish to hold special events at their businesses. ~--1 T Minutes - Regular Council Meeting September 11, 200 I Page 17 Mr. Reining pointed out that several of the existing B&Bs are in violation of the current ordinance because it only allows four boarders at a time (not four guest rooms at a time) if it is located in a single-family neighborhood. Mr. Noe said staff could craft two categories of bed and breakfasts under the specific-use permit: one for B&Bs that will not have special events and one for those that will. In response to the Council, Mr. Noe said the city cannot "grandfather" illegal uses. Mayor Neal said the Council should table the vote on this issue until next week so staff can draft the appropriate language to include the amendments discussed. City Secretary Chapa suggested that the Council approve Item 23.a. to give staff a base ordinance to work from and bring back the amendments next week. There was consensus of the Council to table Item 23.b. In response to additional questions, Mr. Curtis said that under the city's Zoning Ordinance, single-family dwellings are allowed as a matter of right in almost any zoning district (with a few exceptions such as industrial districts). Mr. Chapa polled the Council for their votes as follows: 23.a. M2001-354 Motion to amend prior to second reading of Ordinance "B" by substituting the revised ordinance. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. (Note: Item 23.b. was approved later in the Council meeting. See page 19 of the minutes.) ************* Mayor Neal announced the executive session (Item 28), pursuant to Texas Govemment 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 deliberate the offer of financial or other incentives in connection therewith, with possible discussion and action in open session. (Item 28.a. regarding Grace McNett v. City of Corpus Christi, No. OI-OOOn-B, 117'" District Court, Nueces County, Texas was withdrawn.) The Council went into executive session. The Council returned from executive session. ************* Mayor Neal opened discussion on Item 24, tax levy. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. ORDINANCE NO. 024581 Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Minutes - Regular Council Meeting September 11,2001 Page 18 Christi, Texas for the Tax Year 200 I and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, and Kinnison voting "Aye"; Colmenero, Longoria, Noyola, and Scott absent. 24.b. M2001-355 Motion approving the 200 I 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. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, and Kinnison voting "Aye"; Colmenero, Longoria, Noyola, and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, issuance of bonds for the seawall project. Mr. Cruz-Aedo said that recently the bond sale proposal was presented to the rating agencies in New York. He said the amount of the sale is $43,960,000, which is backed by the 1I8th cent sales tax. He said the bonds received very strong ratings, including an upgrading by Moody's rating agency. He said the bonds carry an interest rate of 4.97% and staff expects delivery on October II tho He said the Corpus Christi Business and Job Development Corporation has approved the sale and is recommending that the City Council ratify it. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 024582 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 proj ect. 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 26, streetscape design for the seawall. There were no comments from the audience. Council Member Kelly said he agreed with a recent letter to the editor saying that the seawall needs shade. Council Member Kinnison asked if the amount for arts in public places for the seawall project is only $20,000 and Mr. Noe replied affirmatively. He said the intent is for the design to be built into the project. City Secretary Chapa polled the Council for their votes as follows: .,~_.~ , ~ Minutes - Regular Council Meeting September 11,2001 Page 19 26. M2001-356 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. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Mayor Neal opened discussion on Item 27, Westside Business Association Founders Plaza. There were no comments from the audience. Council Member Kelly commented favorably on this proposal. City Secretary Chapa polled the Council for their votes: 27. FIRST READING ORDINANCE Ordinance waiving the sixty-day waiting period and publication oflegal 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. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Council Member Chesney made a motion to remove Item 23.b. from the table, seconded by Council Member Scott. City Secretary Chapa polled the Council and the motion passed unanimously (J. Longoria absent). Mr. Chesney made a motion to amend Item 23.b. as follows: one-half space of off-street parking per rental room; five guest rooms with no more than 10 occupants; and allowing for special events as part of the specific-use permit process. Mr. Chesney's motion to amend Item 23.b. was seconded and it passed unanimously (J. Longoria absent). Mr. Chapa then polled the Council for their votes on Item 23.b. as amended: 23.b. ORDINANCE NO. 024580 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; Article 5, "R-IA" 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 II, "AB" Professional Office District Regulations; Article 12A, "B-IA" T - Minutes - Regular Council Meeting September 11,2001 Page 20 Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 22, Parking Regulations; and Article 29, the Board of Adjustment. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Mayor Neal called for the City Manager's report. Mr. Garcia said there are several presentations scheduled for the September 18th Council meeting, including the presentation on the Broadway Wastewater Treatment Plant that was deferred at this meeting. Mayor Neal suggested that the meeting start at 1 p.m. In his report, the Mayor again expressed his condolences to the victims ofthe terrorist attacks and he thanked the Council for proceeding with their business despite the difficulties ofthe day. He then called for Council concerns and reports. Mr. Noyola asked ifthe Council could meet with the Park and Recreation Advisory Board regarding the new golf course and the condition of the Gabe Lozano Golf Course, which he said needs much improvement. Mr. Kinnison said he wanted the Council to hear the presentation next week on the new golf course because they have been discussing it for years. In response to a question from Mr. Noyola, Mr. Tony Cisneros, Director of Park and Recreation, said that during a previous presentation, staff informed the Council that the Greens Committee and the Park and Recreation Advisory Committee both recommended that the surcharge monies be used for improvements to the existing two golf courses rather than for a new one. He said staff explained to the committee members that the surcharge was established by the Council as a way to fund a new golf course. A brief discussion ensued. Mr. Scott asked if the proposed plan for improvements to the Art Museum of South Texas could be presented to the Council. Mayor Neal asked Mr. Garcia to relay that request to the museum's board. Mr. Scott also referred to the terrorist attacks and expressed his pride in Corpus Christi and in the United States. Mr. Colmenero asked that options for the Oso Golf Course be included in staff s report and he asked for a report on recent street flooding. Mr. Kelly said he feels the intention ofthe terrorists' attacks was to go far beyond the victims themselves and to intimidate all Americans. He said symbols are important at a time like this and he invited all Corpus Christi residents to express their patriotism, including flying the American flag. Mayor Neal thanked city staff, particularly Police, Fire and Emergency Management personnel, for their assistance in carrying out the city's emergency plan. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:40 p.m. on September II, 2001. - 2 T AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Southern Paper & Chemical Co., Inc., Corpus Christi, Texas for approximately 682,000 garbage can liners in accordance with Bid Invitation No. BI-0158-01. The award is based on total low bid for an estimated annual expenditure of $31 ,218.70. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from Warehouse Inventory for FY 01-02. ............................................................................... BACKGROUND: Purpose: The garbage can liners, ranging in size from 16 gallon to 55 gallon capacity, will be purchased for Warehouse Inventory and used by various departments throughout the City. The major users of the larger liners are Park and Recreation, Aviation, Convention Center, Coliseum and Solid Waste Services. The major user of the smaller liners is City Hall. Bid Invitations Issued: 10 Bids Received: 5 Previous Contract: The option to extend the current contract was not exercised due to the supplier's inability to maintain contract pricing, requiring new bids to be received. Price Analysis: When compared to the last bid, pricing has increased by approximately 14%. According to the vendor, the increase is due to the high cost of raw materials. A price analysis on high density polyethylene resins indicates pricing is rising. Award Basis: Total Low Bid Gulf Coast Paper Co., Corpus Christi, Texas submitted the low bid for bid item 3 at $15.42 a case. However, the 2% price difference does not justify awarding and administering two separate contracts. Funding: Warehouse Inventory - 520210-5010-40000 $31,218.70 Michae arrera, . P. M. Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION MARIA GARZA BID INVITATION NO. BI -0158-01 GARBAGE CAN LINERS ITEM DESCRIPTION QTY UNI SOUTHERN PAPER & CHEMICAL CO., INC. CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE GULF COAST PAPER CO. CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE C. C. DISTRIBUTORS CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE WILSON -TMS CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE ALAMO IRON WORKS SAN ANTONIO, TX UNIT TOTAL PRICE PRICE 1. 16 Gallon 256 cs $10.60 $2,713.60 11.43 $2,926.08 $11.63 $2,977.28 $12.05 $3,084.80 $14.01 $3,586.56 2. 32 to 33 Gallon 578 cs 10.95 6,329.10 11.52 6,658.56 11.90 6,878.20 11.59 6,699.02 11.81 6,826.18 3. 55 Gallon 1,408 cs 15.75 22,176.00 10 15.42 21,711.36 17.24 24,273.92 16.24 22,865.92 17.25 24,288.00 Totals: $31,218.70 $31,296.00 11 Gulf Coast Paper Co., Corpus Christi, Texas submitted the low bid for bid item 3 at $15.42 a case. The price difference does not justify awarding and administering two separate contracts. $34,129.40 $32,649.74 $34,700.74 3 I AGENDA MEMORANDUM DATE: September 12, 2001 SUBJECT: Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System (Project #8368) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Ener-Tel Services Inc. for a total fee not to exceed $600,000 for the Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System. ISSUE: Execution of this contract will provide for improved information, control monitoring and security for the City's key raw water supply facilities. These improvements will provide the necessary data to help optimize water treatment while protecting the City's water supply. FUNDING: Funds for this project are available in the Federal/State Grant Fund and Wesley Seale Dam Fund Reserves. RECOMMENDATION: Staff recommends approval of the motion as presented. ,C 1./3'~1 ~ k- ~/~/ l11Pngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map \\ENGINEER1NG\OATA 1\HOME\L YNOAs\GENIWA TER\CHOKEOAM\8368 Site Security IrTllJOvemenls\Conslruclion AgendalMemorandum.doc T I AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System (Project #8368) PRIOR COUNCIL ACTION: 1. Auaust 22. 2000 - Approval of FY 2000-01 Capital Improvement Budget (Ordinance No. 024162). 2. Auaust 29. 2000 - Motion authorizing the City Manager, or his designee, to sign a grant agreement with the United States Department of the Interior Bureau of Reclamation in the amount of $205,065 for site security improvements and enhancements at Choke Canyon Dam. (M2000-309) 3. Auoust 29, 2000 - Ordinance appropriating $205,065 from the United States Department of the Interior Bureau of Reclamation for site security improvements and enhancements at Choke Canyon Dam in the Federal/State Grant Fund No. 1050; declaring an emergency. (Ordinance 024183) 4. Februarv 13, 2001 - Motion a authorizing the City Manager, or his designee, to execute an Amendment to the contract with Freese and Nichols, Inc. in the amount of $165,350 for engineering services for Water Supply Security and Control Improvements at Choke Canyon Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline Pump Stations. PRIOR ADMINISTRATIVE ACTION: None BACKGROUND INFORMATION: Improvements to City's information, control, monitoring, and security systems are required due to the size and complexity of the City's raw water supply facilities. The geographical area of the City's water supply sources and widely disbursed facilities are contributing factors to this need. The distance to many parts of the system requires an enhanced ability to monitor and control the City's raw water supply facilities. A review of these needs led to the conclusion an integrated monitoring and security system was needed for all the City's three major water supply facilities. Dr. Ron Waters (Freese & Nichols) advised Council during the last Wesley Seale Dam quarterly update that additional work relating to control and security systems would be forthcoming. Factors contributing to the conclusion include: 1. significant delays between supply system releases, pump station operation and delivery of water to O. N. Stevens Water Treatment Plant; \\ENG1NEERING\DATA 1\HQME\L YNDAS\GEN\WATER\CHOKE CANYON DAM\8368 SITE SECURITY IMPROVEMENTS\CONSTRUCTION AGENDA\BACKGROUND2.00c I EXHIBIT "An I Page 1 of 2 T 2. automation of raw water supply facilities to minimize staffing requirements; 3. reduction in the number of operational personnel; 4. travel time required to reach raw water facilities; 5. general need for improved security associated with water facilities; and 6. security issues associated with automated/non-manned facilities. These factors require that the City be able to collect information, monitor and control the raw water supply facilities in real time. Raw water information, monitoring and control provides the basis to modify treatment processes at O. N. Stevens in a timely, efficient manner. This allows chemicals and other processes to be optimized to accommodate variations in the sources and quantities of raw water. The increased efficiency in the use of chemicals and treatment processes can best be achieved through the proposed remote information, monitoring, control, and security systems. PROJECT DESCRIPTION: This project consists of construction of a video surveillance and access security system for Wesley Seale Dam, Choke Canyon Dam, the Saltwater Barrier Dam, Woodsboro pump station, and Bloomington pump station. The new system consists of video cameras; video recording, control, switching, monitoring devices; remote surveillance networking and communications equipment; access security equipment at Wesley Seale Dam; and renovations to Wesley Seale Dam Operations Center; in accordance with the plans, specifications and contract documents. BID INFORMATION: The project consists exclusively of a base bid. The City received two proposals on August 22, 2001 with bids ranging from $600,000 to $677,569. (See Exhibit "cn) The Engineer's construction estimate is $600,000. The City's consultant, Freese and Nichols, Inc. and City staff recommend that based on low bid, past experience and an accurate and thorough Statement of Qualifications, a contract be awarded in the amount of $600,000 to Ener-Tel Services, Inc. of San Angelo, Texas for the Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by mid-April 2001. FUNDING: Funds for this project are available from the FY 2000 - 2001 Water CIP Fund and Federal/State Grant Fund. \\ENGINEERING\OATA l\HOME\L YNOAS\GEN\WA TER\CHOKE CANYON DAM\8368 SITE SECURITY IMPROVEMENTS\CONSTRUCTIQN AGENOA\BACKGROUN02.00c I EXHIBIT "An ~ Page 2 of 2 1 r WESLEY SEALE DAM / CHOKE CANYON DAM / PUMP STATIONS SURVEILLANCE AND SECURITY SYSTEM Project No. 8368 PROJECT BUDGET September 12, 2001 FUNDS AVAILABLE: Fund No. 1050 Federal/State Grant Fund................................................. $ FY 2000-2001 Water CIP Fund............................................................ Total Funds Available: $ FUNDS REQUIRED: Construction Contract (Estimate)............. ...... ........ .................. ............... $ Contingencies................................................................................... . Consultant (Freese & Nichols. Inc}......................................................... Construction Inspection........................................................................ Engineering Reimbursements............................................................... Administrative Reimbursement............................................................... Misc. (Printing/Advertising}.................................................................. Total Estimated Budget: '-1 T 205,065.00 500,630.00 705,695.00 $ 600,000.00 6,000.00 59,195.00 24,000.00 9,000.00 6,000.00 1,500.00 705,695.00 EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Samuel F. Higgins, Freese and Nichols, Inc. DATE: August 22, 2001 TIME OF COMPLETION: 180 Calendar Days ENGINEER'S ESTIMATE: $600,000 Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System Project No. 8368 Ener -Tel Services Inc. Rabalais I&E Constructors ITEM DESCRIPTION QTY. I UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 mobilization and demobilization, complete 1 LS $10,000.00 $10,000.00 $32,879.00 $32,879.00 2 Surveillance and security system at Wesley Seale 1 LS $334,000.00 $334,000.00 $218,462.00 $218,462.00 Dam, complete 3 Surveillance and security system at Choke Canyon 1 LS $150,000.00 $150,000.00 $238,737.00 $238,737.00 Dam including equipment for remote surveillance from the Wesley Seale Dam Emergency Operations Center, complete 4 Surveillance systems at Saltwater Barrier Dam and 1 LS $80,000.00 $80,000.00 $121,480.00 $121,480.00 the Woodsboro and Bloomington Pump Stations including equipment for remote surveillance from the Wesley Seale Dam Emergency Operations Center, complete 5 Renovations to the Emergency Operations Center at 1 LS $6,000.00 $6,000.00 $46,011.00 $46,011.00 Wesley Seale Dam, complete 6 Furniture Allowance per Lump Sum (MANDATORY 1 LS $20,000.00 $20,000.00 $20,000.00 $20,000.00 ALLOWANCE) TOTAL BASE BID ITEMS 1-6 $600,000.00 $677,569.00 EXHIBIT "C" Page 1 of 1 File: \Mprojecl\councilexhibils\exhB26Bo.dwg ~ N LAKE TEXANA RESERVOIR / / / / / / / / BLOOMINGTON THREE RIVERS LAKE I CORPUS I CHRISTI I WESLEY SEALE DAM ~ CO NUECES N RIVER SALTWATER ON STEVENS WATER PLANT CITY PROJECT NO. 8268 EXHIBIT "D" CITY OF CORPUS CHRIS71, TEXAS I PAGE: 1 of 1 DATE: 09-12 2001 ~ -- - - - - " - WESLEY SEALE DAM I CHOKE CANYON DAM I PUMP STATION SURVEILLANCE and SECURITY SYSTEM CITY COUNCIL EXHIBIT OEPARTMENr OF ENGINEERING SERVICES 4 --1 ,. _._--~-_......~ AGENDA MEMORANDUM DATE: September 12, 2001 SUBJECT: Garcia Arts Education Center Area Street Improvements Phase 1 (Project No. 6133) Phase 2 (Project No. 6134) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and Phase 2. ISSUE: The area streets located around the Garcia Arts Education Center include sections of 17th, 18th, and Marguerite Streets characterized with roadside ditches, no sidewalks, and in need of reconstruction to urban roadway standards. Design of the area streets is necessary to identify right-of-way needs, eliminate road-side ditches, reconstruct pavement with curb, gutter, driveways, sidewalks, underground drainage, and required utility adjustments/relocations. FUNDING: Funding is available from the FY 2000-2001 and FY 2001-2002 Community Development Block Grant (CDBG) Program, Wastewater Capital Improvement Budget, and Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. i ctor of ommunity Development %::PL- 9/;3~1 'Angel R. Escobar, P. E., ' , Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Project Budget Exhibit "D" Location Map H:\HOME\VElMAR\GEN\STREETl6133GARCIAARTSEDUCENTERICONSUL TANTAGENOA\AGENOAMEMQ ""-'. - BACKGROUND INFORMATION SUBJECT: Garcia Arts Education Center Area Street Improvements Phase 1 (Project No. 6133) Phase 2 (Project No. 6134) PRIOR ADMINISTRATIVE ACTION: 1. Mav 9,2000 - Approval of the FY 2000-2001 Community Development Block Grant (CDBG) Program (Resolution No. 024036). 2. 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. 3. 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 architectural and engineering firms. 5. March 23, 2001 - Letter of Notification to the Request for Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: 1. Approval of future Community Development Block Grant (CDBG) Program for construction of Garcia Arts Education Center Area Street Improvements, Phase 2. 2. Resolution determining the necessity for and ordering the improvement for Garcia Arts Education Center Area Street Improvements, Phase 1 and Phase 2. 3. Resolution approving the plans and specifications for the improvements to the street and setting the public hearing on the proposed assessments for the Garcia Arts Education Center Area Street Improvements, Phase 1 and Phase 2. 4. Hold the public hearing to consider the Preliminary Assessment Roll and to recommend any changes to the Roll. 5. . Ordinance closing the public hearing on the proposed assessments for improvements within the Garcia Arts Education Center Area Street Improvements, Phase 1 and Phase 2. 6. Approval of various parcel acquisitions for street right-of-way for Garcia Arts Education Center Area Street Improvements, Phase 2. 7. Approval of a construction contract to complete Garcia Arts Education Center Area Street Improvements, Phase 1. EXHIBIT "An Page 1 of 2 H:\HOME\VELMAR\GENISTREET\6133\CONSUL TANTAGENDA\AGENDABACKGROUND r PROJECT BACKGROUND: The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021 Agnes Street. Area street sections of 17th Street, 18th Street, and Marguerite Street around the Garcia Arts Education Center are characterized with narrow pavement widths and road-side ditches and were constructed many years ago. PROJECT DESCRIPTION: The proposed project consists of improvements as follows: . Phase 1 provides for the design and construction of local street improvements on the half east side of 18th Street for a distance of 225 linear fee and 17th Street between Agnes Street and Marguerite Street, 28 feet back to back, including curb, gutter, sidewalks, driveways, underground storm sewers, and utility adjustments/relocations. . Phase 2 provides for the design and right-of-way acquisition required for local street improvements on 18th Street between Agnes Street and Mary Street, Marguerite Street between 17th Street and 18th Street including curb, gutter, sidewalks, driveways, underground storm sewers, and utility adjustments/relocations. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: The final product will consist of design, bid, and construction phase services to improve the following area streets near the Garcia Arts Education Center: . 17'h Street . 18th Street . Marguerite Street The final product will also include right-of-way parcel descriptions for land acquisition by the City. EXHIBIT "A" Page 2 of 2 H:\HOME\VElMAR\GEN\STREET\6133\CONSUL TANTAGENDAIAGENDABACKGRQUND .... CONTRACT SUMMARY Garcia Arts Education Center Area Street Improvements Phase 1 (Project No. 6133) Phase 2 (Project No. 6134) 1. SCOPE OF PROJECT This project provides for the identification of right of way needs, street pavement widths, and utility improvement requirements and the design of the identified improvements on 17'h Street - Agnes Street to Marguerite Street 18th Street - Agnes Street to Mary Street Marguerite Street - 17'h Street to 18th Street 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE 4. DAY DATE ACTIVITY Wednesday September 12, 2001 Begin Preliminary Phase Monday October 22, 2001 Begin Design Phase Friday November 30,2001 60% Submittal Friday December 28, 2001 City Review (30 days/4 weeks) Friday January 25, 2002 90% Submittal Friday February 8, 2002 City Time Friday February 22, 2002 Final Submittal Monday (2) TBO Advertise for Bids Wednesday TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion EXHIBIT "B" Page 1 of 2 H:\HOMEWElMAR\GEN\STREET\6133GARClAARTSEDUCENTER\CONSUL TANTAGENDA\CONTRACTSUMMARY --1 r 4. FEES PHASE 1 PHASE 2 TOTAL Fee for Basic Services 1. Preliminary Phase $1,648 $6,600 $8,248 2. Design Phase 10,250 19,036 29,286 3. Bid Phase 1,308 2,431 3,739 4. Construction Phase 2,705 5,024 7,729 Subtotal Basic Services Fees $15,911 $33,091 $49,002 Fee for Additional Services (Allowance) 1. Permit Preparation $0 $0 $0 2. ROW Acquisition Survey 0 3,900 3,900 3. Topographic Survey 2,450 4,540 6,990 4. Environmental Assessments 0 0 0 5. Construction Observation Services 0 0 0 6. Start-up Services 0 0 0 7. Warranty Phase 0 0 0 8. Provide SCADA Documentation 0 0 0 Sub-Total Additional Services Fees $2,450 $8,440 $10,890 Authorized Total Authorized Fee $18,361 $41,531 $59,892 EXHIBIT "B" Page 2 of 2 H:\HOMEWELMAR\GEN\STREETl6133GARC1AARTSEDUCENTER\CONSUL TANTAGENDA\CONTRACTSUMMARY . PRELIMINARY PROJECT BUDGET GARCIA ARTS EDUCATION CENTER AREA STREET IMPROVEMENTS Phase 1 (Project No. 6133) Phase 2 (Project No. 6134) September 12. 2001 FUNDS AVAILABLE: CDBG FY 2000-2001 (Phase 1)............................................................... CDBG FY 2000-2001 (Phase 2)............................................................... CDBG FY 2001-2002 (Phase 2)............................................................... Wastewater......................................................................................... . Water................................................................................................ TotaL................................................................................................ FUNDS REQUIRED: Construction (estimate)... ... ....... ... ......... ... ......... ........... .... ......... ......... ... Contingencies (10%)............................................................................ Consultant (HDR Engineering)............................................................... Major Projects Activity........................................................................... land Acquisition Activity........................................................................ Construction Inspection Activity. . ... ...... ... ...... ... ............... ........ .......... ...... Traffic Engineering Activity..................................................................... Administrative Reimbursements.................................................... .......... Testing............................................................................................ . Incidental (Printing, Advertising).. .... ..... .... ... ...... ...... ......... ...... ......... ...... TotaL............................................................................................... H:\HOMElVELMARIGENISTREEn6133GARCIAARTSEDUCENTERICONSULT ANT AGENDA\BUDGET --T I ~ ., PHASE 1 PHASE 2 TOTAL $180,000.00 $0.00 $180,000.00 0.00 30,000.00 30,000.00 0.00 55.000.00 55.000.00 20,100.00 0.00 20,100.00 22,500.00 0.00 22,500.00 $222.600.00 $85,000.00 $307,600.00 $162,000.00 16,200.00 18.361.00 4,350.00 0.00 7,450.00 2,000.00 3,000.00 6,400.00 500.00 $220,261.00 $0.00 0.00 41,531.00 2,969.00 40.000.00 0.00 0.00 0.00 0.00 500.00 $85,000.00 $162,000.00 16.200.00 59,892.00 7,319.00 40,000.00 7,450.00 2,000.00 3,000.00 6,400.00 1,000.00 $305,261.00 EXHIBIT "e" Page 1 of 1 \MprO eca \ coUnClleXnlDI[S \uarcla....[ro , ,,},,}(lCO , .,J.,.exn.awg PROJECT LOCATION CORPUS CHRlsn BAY ~ N PROJECT SITES [[]]] mrfD ~D....~ bJm rTmTTTlII) ...........~E .. . - , .. .. . - Ll1LLJlJJ~ ~~~.. EJ . - - . .. - . ...... -" . . .. :...... . . . 00 ~ []][[] l ~?l@ . II) ~ AW E ?:1 IJ \Th ';:: [} ERITE OJ) r4fD. . LJl-U . ~ N m LEGEND ~-PHASE 1 r;"<X~""-PHASE 2 VICINITY MAP NOT TO SCALE CIP PROJECT No. 6133 & 6134 EXHIBIT "0" CITY OF CORPUS CHRISTI, TE:XAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:: 06/22/2001 ~ -- - - - - - -- GARCIA ARTS EDUCATION CENTER AREA STREET IMPROVEMENTS PHASE 1 & 2 'k_.... -. 5 ..-."-...- - AGENDA MEMORANDUM September 12, 2001 SUBJECT: HEB Tennis Center - Agreement with Corpus Christi Tennis Association (Project No. 3181) AGENDA ITEM: a. Ordinance appropriating $8,000 from HEB Trust Fund interest earnings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and Lloyd Sessions Tennis Pavilion; amending the FY 01-02 Budget, adopted by Ordinance No. 024528, to increase appropriations by $8,000 in the Trust Fund-No. 6010; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute a Project Management Agreement with the Corpus Christi Tennis Association, Inc. for the HEB Tennis Center Expansion (Mildred and Lloyd Sessions Tennis Pavilion) and authorizing a transfer of $340,000 from the HEB Tennis Center Trust Fund and $246,138.50 from the No. 3288 Park Capital Project Fund (2000 Bond Fund). ISSUE: A new agreement is necessary to authorize the Corpus Christi Tennis Association to proceed the expansion of the HEB Tennis Center and authorize the use of additional City funds. FUNDING: Funds are available from the HEB Tennis Trust Fund and the Park Capital Project Fund (2000 Bond). RECOMMENDATION: Approval of the motion as presented. '",~ ~ &-~ Tony Cisneros Director of Park and Recreation t:::k - Cf/13/0! r=D7,-..Angel R. Escobar, P. E. . Director of Engineering Services Exhibit A - Additional Information Exhibit B - Contract Summary Exhibit C - Project Budget Exhibit 0 - Bid Tabulation H:IHOMEIKEVINSIGENIPARKSIHEBCENTEI^CCT AAGR.M . - ADDITIONAL INFORMATION BACKGROUND: The Corpus Christi Tennis Association developed a proposal to expand the HEB Tennis Center. This resulted in the City entering a project management agreement in February 1997 with the Association. That agreement provided for the: . authorization of the use of up to $450,000 of HEB Tennis Center Trust Funds; and . authorized the transfer of $250,000 to the Tennis Association. The Tennis Association retained an architect for the project and proceeded with additional fund raising efforts. The project was bid in February of 2000, but bids exceeded available funding. Bids were rejected so the project was redesigned to reflect the available funds. PRIOR COUNCIL ACTIONS: 1 . Februarv 25, 1997 - Motion authorizing a Project Management Agreement in the amount of $450,000 with the Corpus Christi Tennis Association for the HEB Tennis Center Pavilion and Tennis Courts Construction Project; and authorizing a $250,000 transfer from the HEB Tennis Center Trust Fund (M97-047). 2. Julv 24, 2001 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2001 and appropriating funds as set forth (Ord. No. 024528). PROJECT DESCRIPTION: The current project will provide for the construction of three tennis courts, a covered pavilion, ADA access, locker rooms, restrooms, lighting, electrical and mechanical systems. BIDS: The Association advertised the project and publicly opened bids pursuant to Local Government Code requirements. The City has received photocopies of the publisher's affidavits, classified advertisement, bid tabulation, and project budget. The project was bid as a base bid with four additive alternates. Seven bids were received and publicly opened on August 15, 2001. Base bids ranged between $1,079,000 and $1,672,200. The project architect is recommending the award of the base bid and additive alternates 1 and 2 based on funding availability. Bids for the recommended award (Base Bid & Add. Alt. NO.1 & 2) ranged between $1,192,500 and $1,826,700. Barcom Commercial, Inc. of Corpus Christi had the low bid for the recommended award of the Base Bid with Additive Alternates 1 and 2. The Association will make the contract award based on the approval of the Management Contract by Council. FUNDING: The Tennis Association has $759,800 available for the project. The Management Agreement will make $586,138.50 available ($340,000 Trust & $246,138.50 Bond Proceeds). See Project Budget (Exhibit C). Exhibit A Page 1 of 1 CONTRACT SUMMARY PROJECT MANAGEMENT AGREEMENT The City and the C.CTA. are entering into this Agreement to utilize Bond 2000 Project funds and donated funds for the purpose of renovating and improving the City's H.E.B. Tennis Center ("Project") as a public works project. The estimated value of the renovation, at completion, is $1,192,500.00. City shall provide up to $246,138.50 of Bond 2000 Project funds toward the Project. City shall also provide the C.C.T.A. with up to $340,000 of trust funds from the fund designated as the H.E.B. Tennis Center Trust Fund. The remainder of the funds shall be provided solely by the C.C.T.A. The C. CTA. will act, under supervision of the City, as project manager for the Project and the City will provide its available funds to pay for a pro rata share of the Project. Term. This Agreement is effective upon authorization by the City Council of the City of Corpus Christi ("City Council"), that date being , 2001, and will continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Previous Agreement. By mutual consent of the parties, the execution of this Agreement effectively terminates the previous agreement between the City and the C.C.T.A. that was executed on February 25,1997, and passed by Council motion No. M97-047. Fundina Commitment. The City shall provide up to $246,138.50 of public funds from the No. 3288 Park and Recreation Capital Improvement Fund for the Project. The City shall also provide up to $340,000 of trust funds from the No. 6010 Trust Fund, Organization #21357, de-signated as the H.E.B. Tennis Center Trust Fund, for the Project. Scooe of Proiect. The renovations and improvements to the HEB. Tennis Center shall include the demolition of three existing tennis courts and the installation of three new courts, installation of three new covered tennis courts, court lighting, bleachers, pavement, ADA access, fencing, windscreens, restrooms, and locker rooms in addition to installation of necessary mechanical and electrical systems. Professional Services. The C.C.T.A. will execute and assume all responsibility for professional services contracts for the Project design and Project management. The Director of Engineering Services ("City Engineer"), or his designee, shall assist C.CTA. in reviewing professional services contracts for the Project. Construction Plans and Soecifications. The C.CTA. will have prepared all plans and specifications for the Project by a duly licensed architect ("Project Architect"). The City Engineer shall review all construction plans and specifications submitted by the Project Architect. The City Engineer shall retain sole discretion to approve or disapprove all construction-related plans and specifications submitted by the Project Architect. Comoliance with Biddina Laws. The C.CTA. shall ensure that all construction contracts for the Project comply with the Texas competitve bidding laws, Chapter 252 of the Local Government Code ("Local Government Code"), which apply to the City. Advertising/Comoetitive Biddina Reauirement. A. All construction contracts, bids, proposals, assurances, construction bonds, etc., related to Exhibit B Page 1 of 3 ~'--.. - .' Project, shall be advertised in compliance with the Local Government Code. B. The C.C.TA shall follow standard City purchase order and draw procedures for construction contracts, subject to advertisement and bidding. Bids and Prooosals: Procedure. A. The C.C.T.A. will receive and open all bids in compliance with state law and the Charter of the City of Corpus Christi. The City Engineer will review the construction bids with the C.C.T.A.'s designated representative ("Representative"); however, the City Engineer shall unilaterally determine whether the apparent low bidder is responsible with regard to providing the Project service. The City Engineer will recommend award of the construction contract(s) ("Contract" or "Contracts") to the lowest responsible bidder(s) by the City Council. B. The C.C.TA and City Engineer will only review a bid, proposal, or service contract that is in compliance with the terms of this Agreement. C. The C.C.T.A. shall require payment and performance bonds, with the City as a named obligee, for all Project-related construction contracts in excess of $25,000 that are awarded. Construction: On-site Insoection. A. The C.C.T.A. and the City Engineer will jointly oversee all Project construction. B. The C.C.T.A. and the City Engineer will review all construction invoices/draws and will determine whether the work has been satisfactorily completed. The C.C.T.A., through its Project Architect, will prepare monthly progress reports, outlining the status of the Project, by the tenth (10'") day of each month for the preceding calendar month and deliver a copy to the City Engineer. C. All change orders recommended by Project Architect shall be approved jointly by the C.C.T.A. and the City Engineer. All change orders shall be subject to the requirements of Chapter 252 of the Local Government Code and City policies. Construction Pavment. A. Each construction draw submitted by the C.C.T.A. to the City Engineer shall be accompanied by a certification from the Project Architect that the work, for which an invoice is submitted, has been satisfactorily completed. B. Upon receipt of certification, the City's assigned Project construction inspector ("City Inspector") shall verify that the work has been completed in compliance with the Project's approved plans and specifications. Upon verification, the City Engineer shall submit construction draws to the City's Finance Department for payment. C. The Finance Department shall issue payment on submitted construction draws in the following manner: (i) the City shall remit 5/12ths (five/twelfths) of the total amount shown on the draw, the amount of the draw representing the total of construction work performed for which a draw is submitted; (ii) the amount paid by City shall consist of equal amounts drawn from the No. 3288 Park and Exhibit B Page 2 of 3 1 I ~_._..- Recreation Capital Improvement Fund and from the No. 6010 Trust Fund, Organization #21357, designated as the H.E.B. Tennis Center Trust Fund, each proportionate share to represent 2.5/12ths (two and one-half/twelfths) of the total amount shown on the draw; and, (iii) each draw check shall be made payable jointly to the C.C.T.A. and to the contractor whose name appears on the draw as the person or entity having performed the verified construction work on the Project. D. The C.C.TA agrees and covenants to be soleiy responsible for remittance to the responsible contractor associated with the draw of the remaining 7/12ths (seven/twelfths) proportionate share due for work performed at, for, or on behalf of Project. E. A Notice of Final Inspection of the Project shall be submitted by the C.C.T.A. concurrent with the submission of the final draw. The notice shall inform the City Engineer of the date that the Project should be completed so that a final inspection can be performed prior to the City's acceptance of the Project pursuant to Section 14 of this Agreement. F. When the No. 3288 Park and Recreation Capital Improvement Fund has been depleted by $246,138.50, representing the Bond 2000 proceeds, and the No. 6010 Trust Fund, Organization #21357, designated as the H.E.B. Tennis Center Trust Fund, has been depleted by $340,000, due to City's payment of 5/12ths of the amount of each requested draw, City shall have no further financial obligation to make payment to any contractor for construction work performed at, for, or on behalf of Project. G. The C.C.T.A. understands and acknowledges that payment for all change orders shall be the sole responsibility of the C.C.T.A. Finallnsoection and Acceotance. A. The City Engineer shall make a final inspection of all work performed at or on Project as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the City Engineer at the time of the inspection, he will inform C.C.T.A. and the contractor associated with that work as to the particular defects to be remedied before final acceptance can be made. B. Previous on-site inspections by the City Engineer or his representatives, during the course of the work, shall not be interpreted as approval or acceptance of work or materials which, on final inspection, are found to be defective or not in accordance with the Contracts and their duly authorized modifications, pursuant to Section 19 of this Agreement. C. Upon final inspection and completion of the Project, the C.C.TA shall present Project to City for acceptance, ownership, and operation. City shall, upon acceptance, be responsible for maintenance, operation, and programming of Project, subject to contractor warranties. Exhibit B Page 3 of 3 T CORPUS CHRISTI TENNIS ASSOCIATION BUDGET FOR MODERNIZATION OF HEB TENNIS CENTER MILDRED AND LLOYD SESSIONS PAVILLlON RESOURCES AVAILABLE Funds Held by City of Corpus Christi Bond Proceeds HEB Trust Funds Funds Held by CCTA Cash on Hand Less Committed to Resurfacing Contract Pledges Outstanding Blanche Moore Foundation Robert B. Rowling Valero Refining - Texas 246,138.50 340.000.00 586,138.50 545,400.00 (18.100.0m 527,300.00 586,138.50 527,300.00 125,000.00 100,000.00 7.500.00 232,500.00 232,500.00 Total Resources Available 1,345,938.50 Resources to be Committed Construction Contract Architect's and Engineer's Fees Surfacing, Nets, Wind Screens, Etc. Total Resources Committed Resources Available for Contingencies, Change Orders and/or Additional Tennis Center Upgrades . . ~ 1,192,500.00 80,000.00 15,000.00 1,287,500.00 58,438.50 Exhibit D Page 1 of 1 H.E.B. Tennis Center Expansion - Mildred and Lloyd Sessions Tennis Pavilion Tabulason of Bids Received, 2:00 p.m., Aug.,15, 2001 H.E.B. Tennis Center 1520 Shety St. Corpus Christi, Tx. 78404 Contractor Did Bond Addenda Bso'd Bps BW Ake -Me 01 1 Alternate e2 Alternate $3 1 Alternate 84 • of Days Barcom Commercial, Inc. Yes 1.2 $1,108,000.00 $79.000.00 $5.500.00 $60,000.00 $178,700.00 210 Maltby Builders, Inc. Yes 1-2 $1,180,765.00 $68,000.00 567,700.00 1,400.00 $125,915.00 240 MCC Corksbwion Corp. Yea 1-2 $1,079,591.00 $65,319.00 $28,150.00 $20.040.00 $64,123.00 Mehne Constnrctien, Inc. Yes 1.2 $1,139.000.00 $69,500.00 $72.000.00 $9d,000.00 240 Progressive Structures, Inc. Yes 1-2 $1,672.200.00 S50,000.00 $52,000.00 $63,227.00 $45,000.OD 3T7 SouCrem Contracting,Inc. Yes 1.2 $1,079.000.00 S75,900.00 $78.800.00 S102,700.00 52 6,000.00 183 rWintshi ConslnucEon, Inc. Yes 1-2 1 $1,120,270.00 567,101.00 $54.000.00 $86,000.00 550,000.00 270 Bid Alternate a1 - Interior tnishoul of Men's Toilet Room 101, Mechanical Room 102 and Women's Toilet Room 103. Bid Alternate 82 - Potassium chemical irgeclion sod stabliZAtian. Bid Alternate 83 - Soil undercutting and replacement operations in lieu of water injection sod stabilization. Bid Ahemele 84 - Post tension concrete tennis carts. Richter Architects 201 South Upper Broadway Corpus Christi, Tx. 76401 AN ORDINANCE APPROPRIATING $8,000 FROM HEB TRUST FUND INTEREST EARNINGS FOR THE HEB TENNIS CENTER TRUST FOR THE HEB TENNIS CENTER EXPANSION, MILDRED AND LLOYD SESSIONS TENNIS PAVILION; AMENDING THE FY 2001-2002 BUDGET, ADOPTED BY ORDINANCE NO. 024528, BY ADDING $8,000 TO TRUST FUND NO. 6010; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $8.000 is appropriated from the HEB Trust Fund interest earnings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and Lloyd Sessions Tennis Pavilion. SECTION 2. That Ordinance No. 024528. which adopted the FY 2001-2002 budget. is amended by adding $8.000 to Trust Fund No. 6010. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary LEGAL FORM APPROVED &out. [3 Samuel L. Neal, Jr. Mayor .200 I: JAMES R. BRAY, JR.. CITY ATTORNEY By: -i.~ T Lisa Aguilar Assistant City Attorney H:\LEG-OIR'.uSA\ORDJ\ORD3.427 ---<<11 ... T 6 . -...-' CITY COUNCIL AGENDA MEMORANDUM CITY COUNCIL MEETING: 9-11-01 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a one-year lease (with tvvo one-year options) with Durrill Properties for the facility space to operate the Juvenile Assessment Center, in the amount of $45,322, which has been budgeted in the 2001-2002 budget of the Corpus Christi Crime Control and Prevention District. B. Motion authorizing the City Manager or his designee to execute a one-year lease (with tvvo one-year options) with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the amount of $25,211, which has been budgeted in the 2001-2002 budget of the Corpus Christi Municipal Court. Funding is available through the Juvenile Accountability Incentive Block Grant. ISSUE: The Juvenile Assessment Center's lease for space rental expired on 8- 31-01. The renewal of this lease is needed so that the Juvenile Assessment Center has a facility in which to continue serving the at-risk youth and families of this community. Risk assessments, crisis intervention and comprehensive case management all occur in the space which has been leased for the Juvenile Assessment Center, and these activities have reduced delinquency in this community. The Juvenile Municipal Court has plans to locate in the space contiguous to JAC in order to enhance the coordination of services with the Court. This lease of space by the Court will allow juvenile cases to be heard in their own court by staff specializing in juvenile cases. It will also help make room for adult cases in the current Municipal Court. REQUIRED COUNCIL ACTION: Council action is required to authorize the one- year lease (with tvvo one-year options) with Durrill Properties for $45,322 for the facility space to operate the Juvenile Assessment Center and the one-year lease (with tvvo one-year options) with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the amount of $25,211. RECOMMENDATION: Staff recommends that the Council approve the motion authorizing the one-year lease (with tvvo one-year options) with Durrill Properties for $45,322 for the facility space to operate the Juvenile Assessment Center and the one-year lease (with tvvo one-year options) with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the amount of $25,211. r PRIOR COUNCIL ACTION: Council authorized a one-year lease with two six- month options with Durrill Properties for the facility space to operate the Juvenile Assessment Center on July 27, 1999. .... i~'--Ul .J ~---G-:> Marco A. Cisneros Director of Parks and Recreation _~il~^,JA S-lD~ A Barbara Sudhoff Director of Municipal Court t Ui DURRILL PROPERTIES BASIC COMMERCIAL PROPERTY LEASE TABLE OF CONTENTS No. Paral!raph Description ~ NO. Paral!raph Description Pl!. Parties 2 17 Liens 6-7 2 Leased Premises 2 18 Liability 7 3 Term 2 19 Indemnity 7 A Tenn B Delay of Occupancy 20 Default 7 4 Rent & Expenses 2-3 21 Abandonment, Interruption of Utilities, Lockout 7 A Base Monthly Rent B Prorated Rent 22 Holdover 7 C Addition Rent D Place of Payment 23 Landlord's Security Interest 7 E Method of Payment F Late Charge 24 Assignment and Subletting 8 G Returned Checks H Triple Net 25 Relocation 8 5 Security Deposit 3 26 Subordination 8 6 Taxes 3 27 Estoppels Certificates 8 7 Utilities 3 28 Casualty Loss 8 8 Tenant's Insurance 3 29 Condemnation 9 9 Use and Hours 3 30 Attorney's Fees 9 A Tenant's Nonnal Business Hours B Building Operating Hours 31 Representations 9 10 Legal Compliance 3-4 32 Appropriation of Funds 9 II Signs 4 33 Addenda 9 12 Access By Landlord 4 34 Agreement of Parties 9 13 Move-In Condition 4 35 Notices 10 14 Move-Out Condition 4-5 36 Special Provisions 10 15 Maintenance & Repairs 5-6 A Cleaning B Repairs of Conditions Caused by a Party C Repair & Maintenance Responsibility D Repair Persons E HV AC Service Contract F Common Areas G Notice of Repairs H Failure to Repair 16 Alterations 6 Initialed for Identification by Tenant: _ and -----' Landlord: ~ Page 1 of 10 -~ r Commercial Lease: BASIC LEASE FORM TERMS and DEFINITIONS 1. Parties: The parties {Landlord) and the tenant to this lease are the owner of the Prooertv City of Corpus Christi - Juvenile Assessment Center Old Linan, Ltd. 2. Leased Premises: Landlord leases to Tenant the following described real property, known as the "leased premises," along with all its improvements: Suite 104, containing approximately 3553 square feet of rentable area, located on the land known as 226 Enterprise Parkway, Corpus Christi, Nueces County, Texas, which is legally described as N/A or 0 as described on attached exhibit. "Property means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks. The parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may included an allocation of common areas in the Property. 3. Term: A. Term: The term of this lease is..lL months, with the option of two twelve month renewals with the same terms and conditions, commencing on September 1, 200 I (Commencement Date) and ending on August 31, 2002 (Expiration Date). B. Delav of Occuoancv: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this leases will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the term of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 30" day after the Commencement Date because of construction on the leased premises to be to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving wrinen notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. 4. Rent and Expenses: The total monthly rental for the premises will be $3796.80. ( see sections 4.A and 36 ) A. Base Monthlv Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent in the amount of$ 3553.00. which will remain the same throughout the initial twelve (12) month lease and any of the two twelve month renewal options. The first full base monthly rent is due on or before September I, ~. B. Prorate Rent: If the Commencement Date is on a day other than the first day ofa month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. C. Triole Net charges are to locked in at the current rate (see paragraph 36 ) for the initial twelve month lease and the two twelve month renewal options. D. Place ofPavment: Tenant will remit all amounts due Landlord under this lease to: 615 S. Upper Broadway Corpus Christi, TX 78401 or to such other person or at such other place as Landlord may designate in writing. E. Method ofPavrnent: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. Time is of the essence for the payment of rent. If Tenant fails to timely pay any amounts due under this lease of if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord may require Tenant to pay, in addition to any other available remedy, all amounts due under this lease by certified funds by providing written notice to Tenant. F. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within 10 days after the date rent is due, Tenant will pay Landlord a late charge equal to 5% of the base monthly rent. The mailbox is not the agent for receipt for Landlord. The late charge is not a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20 plus $10 per day everyday not received. Initialed for Identification by Tenant: _ and -,---' Landlord: ~ 2 of 10 ~,~-,- T w . Commercial Lease: G. Returned Checks: Tenant will pay $25.00 (not to exceed $25) for each check Tenant tenders to Landlord, which is not returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. Security Deposit: Upon execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $ 0 " Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. Within a reasonable time after this lease ends, Landlord will refund the security deposit to Tenant less any amounts applied toward amounts owed by Tenant. 6. Taxes: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. Utilities: Tenant will pay all charges for the use of all utility services to the leased premises and any connection charges except the following which will be paid by Landlord: electrical. gas. water & sewer. NOTICE: Tenant should determine if any and all necessary utilities (e.g., water, gas, electricity, telephone, sewer, etc.) are available to the leased premises, are adequate for Tenant's intended use, and the cost to provide the necessary utilities. 8. Tenant's Insurance: A. During all times this lease is in effect, Tenant must maintain in full force and effect: (I). Public liability msurance N/A additional insured; and from an insurer acceptable to Landlord in amount not less than on an occurrence basis naming landlord as an (2). Personal property damage insurance for Tenant's business operations on the leased premises from an insurer acceptable to Landlord. B. Before the Commencement Date, Tenant must provide Landlord with a copy of the insurance certificates evidencing the required coverage. If the insurance coverage changes in any manner or degree at any time this lease is in effect, Tenant must provide Landlord a copy of an insurance certificate evidencing such change within 10 days of the change. C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect, Landlord may: (I) purchase such insurance coverage changes on behalf of Tenant and Tenant must immediately reimburse Landlord for such expense; or (2) exercise Landlord's remedies under Paragraph 20. 9. Use and Hours: Tenant may use the leased premises for the following purpose and no other: @ A. Tenant's Normal Business Hours: Tenant's normal business hours are (specify hours. days of week. and ifinclusive or exclusive weekends and holidays): Tenant will keep the leased premises open substantially during Tenant's normal business hours. D B. Buildinl! Ooeratilllz Hours: The building in which the leased premises are located maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): N/A N/A If Landlord is to provide HV AC services to the leased premises under this lease, Landlord is obligated to provide the HV AC services only during the specified building operating hours. 10. Legal Compliauce: A. Tenant may not use or permit any part ofthe leased premises to be used for: (1) Any activity which is a nuisance or is offensive, noisy, or dangerous; (2) Any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; Initialed for Identification by Tenant: _ and _____' Landlord:~ 3 of 10 --, I Commercial Lease: (3) Any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulation, or this lease; (4) Any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) Any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) The permanent or temporary storage of any hazardous material; or (7) N/A B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased nremises mav be used as Tenant intends bv indeoendentlv investiQ:atinl! all matters related to the use of the leased nremises or Proncrtv. Tenant alrrces that it is not relvimr on any warranty or rCDresentation made bv Landlord. Landlord's allent. or anv broker concernim! the use of the leased oremises or Prooertv. 11. Signs: A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for any expense related to the removal of any unauthorized sign. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. B. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures become property of the Landlord and must be surrendered to Landlord at the time the lease ends. 12. Access by Landlord: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours with Tenant's pennission or to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. Duringthe last ~ days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. Move-In Condition: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease. Landlord and any aeent have made no exoress or imolied warranties as to the condition or oermitted use of the leased oremises or Prooertv. 14. Move-Out Condition and Forfeiture of Tenant's Personal Property: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, normal wear and tear accepted. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. Before this lease ends, Tenant will 0 [R] will not provide Landlord with a report. by an environmental engineer or assessor acceptable to Landlord, dated not earlier than 20 days before the date this lease ends that indicated that no hazardous material or other environmental hazard is on or affects the leased premises. Initialed for Identification by Tenant: _ and _, Landlor~ 40fl0 ----r ,. "' Commercial Lease: B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Nonnal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. Maintenance and Repairs: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ~ Landlord D Tenant will provide, at its expense, three times a week janitorial services to the leased premises. B. Reoairs and Conditions Caused bv a Party: Each party must promptly repair a condition caused. either intentionally or negligently, by that party guests, patrons, invitees, and contractors or permitted subtenants. C. Reoair and Maintenance Resoonsibilitv: Except as provided by Paragraph 15B, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises. The specified items must be maintained in: (i) clean condition; (ii) good repair; and (iii) operable condition. If a modification to any of the specified items is required; by law, or governmental regulation or order, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. N/A Landlord Tenant (I) Foundation, exterior walls, roof, and other structural components o o o o o [KJ [II [II [II [II o o o o o (2) Glass and windows (3) Fire protection equipment and fire sprinkler systems (4) Exterior & overhead doors, including closure devices, molding, locks and hardware (5) Grounds maintenance, including landscaping, and ground sprinklers (6) Interior doors, including closure devices, frames, molding, locks & hardware N/A Landlord Tenant 0 []I 0 0 []I 0 0 [II 0 0 [II 0 0 0 [II 50fl0 (7) Parking areas and walks (8) Plumbing systems, drainage systems, electrical systems (including ballast and lamp replacement) and mechanical systems, those specifically designated otherwise. (9) Heating Ventilation and Air Conditioning (HV AC) systems (lO)Signs Initialed for Identification by Tenant: _ and _' Landlord: ~ 1 . Commercial Lease: Extermination and wood-destroying insects J~ Pestcontrol excluding: o 00 o 00 []I 00 []I o 00 o o o o o o o o o (12) Storage yards and storage buildings (13) Wood-destroying inset:t treatment and repairs (14) Cranes and related systems (15) N/A (16) All other items and systems D. Reoair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HV AC Service Contract: If Tenant is responsible to maintain the HV AC system, Tenant D is [K] is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HV AC system. The maintenance and service contract must be purchased from HV AC maintenance-company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HV AC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. If a modification to the common area is required; by law or governmental regulation, or order, Landlord will modify the item. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. G. Notice of Reoairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Reoair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provided Landlord written notice of the needed repair. If Tenant fails to repair or maintain, an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (I) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. Alterations: A. Tenant may not alter, improve, or add to the Property or the leased premise without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable alterations, modifications, or improvements to leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or re-keying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order. D. Any alterations, improvements, fixtures, or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 14 or if the parties agree otherwise in writing. 17. Liens: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after Landlord demands Tenant to Initialed for Identification by Tenant: _ and...,----' Landlord: Ut;) 6 of 10 '''~-T w " Commercial Lease: take action to remove the lien, pay the lien, or take whatever action is necessary to cause the lien to be released of record. Tenant will provide Landlord a copy'of any release Tenant obtains pursuant to this paragraph. 18. Liability: To the extent oermitted bv law. Landlord is NOT resoonsible to Tenant or Tenant's emolovees. oatrons, mests. or invitees for any damalZes. iniuries. or losses to neTsan or orooertv caused by: A. an act. omission. or llei!lect of: Tenant: Tenant's allent: Tenant's Quest: Tenant's emolovees: Tenant's oatrons: Tenant's invitees: or any other tenant on the Prooertv: B. fire. flood. water leaks. ice. snow. hail. winds. exolosion. smoke. riot. Strike. interruotion of utilities. theft. burl!larv. robberY. assault. vandalism. other oersons. environmental contaminants. or other occurrences of casualty losses. 19. Indemnity: To the extent not prohibited hy the laws of the State of Texas and the Texas Constitution, tenant will indenmify and hold Landlord harmless from any property damage, personal injury, suits, actions, liabilities, damages, cost of repairs or service to the leased premises or Property or any other loss caused, negligently or otherwise, by Tenant or Tenant's employees, patrons, guests, or invitees. 20. Default: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If landlord does not actually receive at the place tlesignated for payment any rent due under this lease within 10 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. C. If Tenant is in default, Landlord may: (i) terminate Tenant's right to occupy the leased premises by providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable during the remainder of this lease or any renewal period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach. If Tenant is in default, Tenant will be liable for: (I) Any lost rent; (2) Landlord's cost ofre-Ietting the leased premises, including brokerage fees. advertising fees, and other fees necessary to re-Iet the leased premises; (3) Repairs to the leased premises for use beyond normal wear and tear; (4) All Landlords' costs associated with eviction of Tenants, such as attorney fees, court cost, and prejudgment interest; (5) All Landlords costs associated with collection of rent such as collection fees, late charges, and returned check charges; (6) Cost of removing any equipment and trade-fixtures left on the leased premises by Tenant (7) Cost to remove any trash. debris, personal property, hazardous materials, or environmental containments left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; and (8) Any other recovery to which Landlord may be entitled hy law 21. Abandonment, Interruption of Utilities, Removal of Tenant's Property, and Lockout: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) ahandonment of the leased premises (b) interruption of utilities; (c) removal of Ten ant's personal property; and (d) "lock-out" of Ten ant. 22. Holdover: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over hy Tenant, with or without the consent of Landlord, will extend this lease. To the extent not prohibited by the laws of the State of Texas and the Texas Constitution, tenant will indenmify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will he immediately due and payable daily without notice or demand. 23. Landlord's Security Interest: _ This lease is a security agreement for the pwposes of the Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement. Initialed for Identification by Tenant: _ and _' Landlord~ 70flO .~ f Commercial Lease: 24. Assignment and Snbletting: Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment of sublease is made with or without the of consent Landlord. 25. Relocation: By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for cOlmecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit nwnber will automatically be amended be amended. 26. Subordination: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) Any lien, encwnbrance, or ground lease now or hereafter placed on the leased premises or the Property by Landlord; (2) All advances made under any such lien, encwnbrance, or ground lease; (3) The interest payable on any such lien or encwnbrance; (4) Any and all renewals and extensions of any such lien, encumbrance, or ground lease (5) Any restrictive covenant affecting the leased premises or the Property; and (6) The rights of any owners' association affecting the leased premises or property. B. Tenant must, on demand, execute any instrument subordinating this lease as Landlord may request, provided that such subordination is made on the condition that, this lease and Tenant's rights under this lease are recognized by the lien- holder. 27. Estoppels Certificates: Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppels certificate that identifies: (a) when this lease commences and ends; (b) any amendments to this lease; (c) any rights that Tenant may have to extend this lease or purchase the Property or leased premises; (d) any default by Landlord; and (e) any other information reasonable requested in the certificate. 28. Casualty Loss: A. Tenant must immediately notify Landlord on any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more the 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premise within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after tenant notifies Landlord of the casualty, Landlord may: (1) tenninate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (I) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. Initialed for Identification by Tenant: _ and -,--' Landlord: ~ 80flO . . ----,-- Commercial Lease: 29. Condemnation: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in ihis lease, this lease will teooinate. If after a condemnation or purchase in lieu of condemnation the leased premises are partially unusable for the purposes stated in this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. Attorney's Fees: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs oflitigation from the non-prevailing party. 31. Representations: Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign a lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: N/A N/A 32. Appropriation of Funds: This lease is subject to the budgetary process of the Tenant. If current revenue funds are not appropriated by the Tenant, the Tenant has the right to cancel this lease without penalty. Ifbudget ia approved and accepted near August I of every year and Tenant renews, Tenant is responsible for entire rent obligation for that option period. 33. Addenda: Incorporated into this lease are the addenda, exhibits, and other infoooation marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. 34. Agreement of Parties: A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. BindioQ: Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, anyone or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controllim! Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other tenn in this lease. G. Ouiet Eniovment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from serious interference. H. Force Maieure: If Landlord's perfonnance ofa teoo in this lease is delayed by strike, lockout, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's perfoooance will be abated until after the delay. Initialed for Identification by Tenant: _ and _, Landlord: ~ 90fIO . Commercial Lease: 35. Notices: All notices under this lease must be in writing and are effective when hand- delivered, sent by mail, or sent by facsimile transmission to: Tenant At the address of the leased premises Landlord at 615 S. Upper Broadway CorpusChristi, TX. 7840 I Juvenile Assessment Center 226 Enterprise Pkwy, Suite 104 Corpus Christi, TX. 78405 Fax: with a copy to: City of Corpus Christi at Attn. Director, Park and Recreation Dept P.O. Box 9277 Corpus Christi, TX. 78469-9277 36. Special Provisions: The leased space consists of 3553 square feet and the base rent is based on 1.00 ISF gross (1.00 X 3553 = $3553.00). In addition to the Base monthly rent will be Triple Net Charges of the following: 152.18 for property taxes and 91.62 for Insurance. Common Area Maintenance of $229.42 is being waived. The total monthly rent will be $3796.80. The Triple Net charges are to be locked in at the current rate for the initial twelve month lease and the two twelve month renewal options. Real estate brokers are not qualified to render legal advise, property inspections, surveys, engineering studies (e.g. studies of the structures, drainage, and soil conditions). Environmental assessments, tax advice, financial advice, or inspections to determine compliance with zoning, governmental regulations, or any law (e.g., ADA, Texas Architectural Barriers Statute, etc.). The parties should seek experts to render such services. Selection of such experts is the responsibility of the parties and not the real estate broker. The terms of this lease are negotiable among the parties. This is intended to be a legal agreement binding upon final acceptance. READ IT CAREFULLY. If you do not understand the errect of this lease, consult your attorney BEFORE signing. L~~\ Date Tenant Date By Tenant Date As N/A for Landlord Initialed for Identification by Tenant: _ and _' Landlord: IJ!::) 100fl0 T . . DURRILL PROPERTIES BASIC COMMERCIAL PROPERTY LEASE TABLE OF CONTENTS No. Paral!:raph Description ~ NO. Paral!:raph Description Pl!:. 1 Parties 2 17 Liens 7 2 Leased Premises 2 18 Liability 7 3 Term 2 19 Indemnity 7 A Tenn B Delay of Occupancy 20 Default 7 4 Rent & Expenses 2-3 21 Abandonment, Interruption of Utilities, Lockout 8 A Base Monthly Rent B Prorated Rent 22 Holdover 8 C Addition Rent D Place of Payment 23 Landlord's Security Interest 8 E Method of Payment F Late Charge 24 Assignment and Subletting 8 G Returned Checks H Triple Net 25 Relocation 8 5 Security Deposit 3 26 Subordination 8 6 Taxes 3 27 Estoppels Certificates 8 7 Utilities 3 28 Casnalty Loss 8-9 8 Tenant's Insurance 3 29 Condemnation 9 9 Use and Hours 3 30 Attorney's Fees 9 A Tenant's Nonnal Business Hours B Building Operating Hours 31 Representations 9 10 Legal Compliance 3-4 32 Appropriation of Funds 9 11 Signs 4 33 Addenda 9 12 Access By Landlord 4 34 Agreement of Parties 9-10 13 Move-In Condition 4 35 Notices 10 14 Move-Out Condition 5 36 Special Provisions 10 15 Maintenance & Repairs 5-6 A Cleaning B Repairs of Conditions Caused by a Party C Repair & Maintenance Responsibility D Repair Persons E HV AC Service Contract F Common Areas G Notice of Repairs H Failure to Repair 16 Alterations 6-7 Initialed for Identification by Tenant: _ and _' Landlord: U~ Page I of 10 Commercial Lease: BASIC LEASE FORM TERMS and DEFINITIONS 1. Parties: The parties (Landlord) and the tenant to this lease are the owner of the PronerlY Old City of Corpus Christi - Municipal Court Lioan. Ltd. 2. Leased Premises: Landlord leases to Tenant the following described real property, known as the "leased premises," along with all its improvements: Suites 102, containing approximately 1966 square feet of rentable area, located on the land known as 226 Enterprise Parkway, Corpus Christi, Nueces County, Texas , which is legally described as N/ A or D as described on attached exhibit. "Property means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks. The parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may included an allocation of common areas in the Property. A diagram of the parking area which is on a first come basis is included as Exhibit A. 3. Term: A. Term: The term of this lease is..lL months, with the option of two twelve month renewals with the same terms and conditions, commencing on September I, 2001 (Commencement Date) and ending on August 31, 2002 (Expiration Date). B. Delav of Occuoancv: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this leases will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the term of this leases remains unchanged. If Tenant is unable to occupy the leased premises after the 30th day after the Commencement Date because of construction on the leased premises to be to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. 4. Rent and Expenses: The total monthly rent for these premises will be $2100.90. (See sections 4A and 36) A. Base Monthlv Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent in the amount of $ 1966.00. which will remain the same throughout the initial twelve month lease and any of the two twelve month renewal options. The first full base monthly rent is due on or before September I, 2001. B. Prorate Rent: If the Commencement Date is on a day other than the first day ofa month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. C. Place ofPavrnent: Tenant will remit all amounts due Landlord under this lease to: 615 S. Upper Broadway Corpus Christi, TX 78401 or to such other person or at such other place as Landlord may designate in writing. D. Method ofPavrnent: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. Time is of the essence for the payment of rent. If Tenant fails to timely pay any amounts due under this lease of if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord may require Tenant to pay, in addition to any other available remedy, all amounts due under this lease by certified funds by providing written notice to Tenant. Initialed for Identification by Tenant: _ and _' Landlord: iJ~ 20flO T -;-.- Commercial Lease: F. Late Char"es: If Landlord does not actually receive a rent payment at the designated place of payment within 10 days after the date rent is due, Tenant will pay Landlord a late charge equal to 5% of the base monthly rent. The mailbox is not the agent for receipt for Landlord. The late charge is not a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20 plus $10 per day everyday not received. G. Returned Checks: Tenant will pay $25.00 (not to exceed $25) for each check Tenant tenders to Landlord, which is not returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. H. Triole Net charges are locked in at the current rate ( see paragraph 36 ) for the initial twelve month lease and the two twelve month renewal options. 5, Security Deposit: Upon execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $ 0 Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. Within a reasonable time after this lease ends, Landlord will refund the security deposit to Tenant less any amounts applied toward amounts owed by Tenant. 6. Taxes: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. Utilities: Tenant will pay all charges for the use of all utility services to the leased premises and any connection charges except the following which will be paid by Landlord: electrical. "as. water & sewer NOTICE: Tenant should determine ifany and all necessary utilities (e.g., water, gas, electricity, telephone, sewer, etc.) are available to the leased premises, are adequate for Tenant's intended use, and the cost to provide the necessary utilities. 8. Tenant's Insurance: A. During all times this lease is in effect, Tenant must maintain in full force and effect: (1). Public liability insurance N/A additional insured; and from an insurer acceptable to Landlord in amount not less than on an occurrence basis naming landlord as an (2). Personal property damage insurance for Tenant's business operations on the leased premises from an insurer acceptable to Landlord. B. Before the Commencement Date, Tenant must provide Landlord with a copy of the insurance certificates evidencing the required coverage. If the insurance coverage changes in any manner or degree at any time this lease is in effect, Tenant must provide Landlord a copy of an insurance certificate evidencing such change within 10 days of the change. C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect, Landlord may: (I) purchase such insurance coverage changes on behalf of Tenant and Tenant must immediately reimburse Landlord for such expense; or (2) exercise Landlord's remedies under Paragraph 20. 9. Use and Hours: Tenant may use the leased premises for the following purpose and no other: City of Corpus Christi Municipal Court operations. 5J A. Tenant's Normal Business Hours: Tenant's normal business hours are (specify hours, days afweek, and ifinclusive or exclusive weekends and holidays): Tenant will keep the leased premises open substantially during Tenant's normal business hours. o B. Buildin" Ooeratin" Hours: The building in which the leased premises are located maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): N/A N/A If Landlord is to provide HV AC services to the leased premises under this lease, Landlord is obligated to provide the HV AC services only during the specified building operating hour';t (\ Initialed for Identification by Tenant: _ and _' Landlord: ~ 3 of 10 '.-' r Commercial Lease: 10. Legal Compliance: A. Tenant may not use or permit any part of the leased premises to be used for: (1) Any activity which is a nuisance or is offensive, noisy, or dangerous; (2) Any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) Any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulation, or this lease; (4) Any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) Any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) The permanent or temporary storage of any hazardous material; or (7) N/A B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased oremises mav be used as Tenant intends bv indeoendentlv investieatim! all matters related to the use of the leased oremises or Prooertv. Tenant aQJ'ees that it is not relvine. on any warranty or reoresentation made bv Landlord. Landlord's aeent. or any broker concerning: the use of the leased oremises or Prooertv. 11. Signs: A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for any expense related to the removal of any unauthorized sign. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. B. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures become property of the Landlord and must be surrendered to Landlord at the time the lease ends. 12. Access by Landlord: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs. maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours with Tenant's permission or to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last ~ days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. Move-In Condition: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease. Landlord and any al!ent have made no exoress or imnlied warranties as to the condition or nennitted use of the leased oremises or Prooertv. Initialed for Identification by Tenant: _ and_, Landlord: t?~ 40fl0 T w Commercial Lease: 14. Move-Out Condition and Forfeiture of Tenant's Personal Property: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, nonnal wear and tear accepted. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. Before this lease ends, Tenant will 0 ~ will not provide Landlord with a report, by an environmental engineer or assessor acceptable to Landlord, dated not earlier than 20 days before the date this lease ends that indicated that no hazardous material or other environmental hazard is on or affects the leased premises. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises Landlord may: (I) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Nonna! wear and tear" means deterioration that occurs without negligence, carelessness. accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. E. Tenant will remove judge's bench from the leased premises at the conclusion of the lease. IS. Maintenance and Repairs: A. Cleaning: Tenant must keeg...!he leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. 0 Landlord U Tenant will provide, at its expense, three day a week janitorial services to the leased premises. B. Reoairs and Conditions Caused bv a Party: Each party must promptly repair a condition caused, either intentionally or negligently, by that party guests, patrons, invitees, and contractors or pennitted subtenants. C. Reoair and Maintenance Resoonsibilitv: Except as provided by Paragraph 15B, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises. The specified items must be maintained in: (i) clean condition; (ii) good repair; and (iii) operable condition. If a modification to any of the specified items is required; by law, or governmental regulation or order, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. N/A Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components o o o o o [K] [EJ [R] [EJ [EJ o o o o o (2) Glass and windows (3) Fire protection equipment and fire sprinkler systems (4) Exterior & overhead doors, including closure devices, molding, locks and hardware (5) Grounds maintenance, including landscaping. and ground sprinklers Initialed for Identification by Tenant: _ and _' Landlord: J~ 50flO w Commercial Lease: N/A Landlord Tenant (6) Interior doors, including closure devices, frames, molding, locks & hardware 0 []I D (7) Parking areas and walks 0 []I D (8) Plumbing systems, drainage systems, electrical systems (including ballast and lamp replacement) and mechanical lSJ systems, those specifically designated otherwise. 0 0 (9) Heating Ventilation and Air Conditioning (HV AC) systems 0 lSJ 0 (10) Signs 0 0 lSJ (II) Extennination and pest control, excluding []I D wood-destroying insects 0 (12) Storage yards and storage buildings lSJ 0 D (13) Wood-destroying insect treatment and repairs D lSJ D (14) Cranes and related systems lSJ 0 D (15) N/A []I 0 D (16) All other items and systems lSJ 0 D D. Renair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HV AC Service Contract: If Tenant is responsible to maintain the HV AC system, Tenant D is [K] is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HV AC system. The maintenance and service contract must be purchased from HV AC maintenance-company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HV AC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. If a modification to the common area is required; by law or governmental regulation, or order, Landlord will modify the item. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the corrunon areas. G. Notice of Reoairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Renair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provided Landlord written notice of the needed repair. If Tenant fails to repair or maintain, an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16, Alterations: A. Tenant may not alter, improve, or add to the Property or the leased premise without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable alterations, modifications, or improvements to leased premises. Initialed for Identification by Tenant: _ and -,---' Landlord:~ 6 of 10 "-1 r Commercial Lease: B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or re-keying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph IS will, at its expense, modify or alter the item in compliance with the order. D. Any alterations, improvements, fixtures, or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 14 or if the parties agree otherwise in writing. 17. Liens: Tenant may not do anything that will cause the title of the Property or leased premises to be encwnbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after Landlord demands Tenant to take action to remove the lien, pay the lien, or take whatever action is necessary to cause the lien to be released of record. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. Liability: To the extent oermitted bv law. Landlord is NOT resoonsible to Tenant or Tenant's emolovees. oatrons. guests. or invitees for any damae:es. iniuries. or losses to Derson or orooertv caused by: A. an act. omission. or nee:lect of: Tenant Tenant's agent Tenant's QUest: Tenant's emolovees: Tenant's oatrons: Tenant's invitees: or any other tenant on the Prooertv: B. fire. flood. water leaks. ice. snow. hail. winds. exolosion. smoke. riot. Strike. interruotion of utilities. theft. burdarv. robberv. assault. vandalism. other oersons. environmental contaminants. or other occurrences of casualty losses. 19. Indemnity: To the extent not prohibited by the laws of the State of Texas and the Texas Constitution, tenant will indemnify and hold Landlord harmless from any property damage, personal injury, suits, actions, liabilities, damages, cost of repairs or service to the leased premises or Property or any other loss caused, negligently or otherwise, by Tenant or Tenant's employees, patrons, guests, or invitees. 20. Default: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If landlord does not actually receive at the place designated for payment any rent due under this lease within 10 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Teoant of its failure to comply, Tenant will be in default. C. If Tenant is in default, Landlord may: (i) terminate Tenant's right to occupy the leased premises by providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable during the remainder of this lease or any renewal period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach. If Tenant is in default, Tenant will be liable for: (1) Any lost rent: (2) Landlord's cost ofre-letting the leased premises, including brokerage fees, advertising fees, and other fees necessary to fe-let the leased premises; (3) Repairs to the leased premises for use beyond normal wear and tear; (4) All Landlords' costs associated with eviction of Tenants, such as attorney fees, court cost, and prejudgment interest; (5) All Landlords costs associated with collection of rent such as collection fees, late charges, and returned check charges; (6) Cost of removing any equipment and trade-fixtures left on the leased premises by Tenant (7) Cost to remove any trash, debris, personal property, hazardous materials, or environmental containments left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; and (8) Any other recovery to whICh Landlord may be entitl:~aw Initialed for Identification by Tenant: and _' Landlord: 7 of 10 r Commercial Lease: 21. Abandonment, Interruption of Utilities, Removal of Tenant's Property, and Lockout: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandorunent of the leased premises (b) interruption of utilities; (c) removal of Ten ant's personal property; and (d) "lock-out" of Tenant. 22. Holdover: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. To the extent not prohibited by the laws of the State of Texas and the Texas Constitution, tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. 23. Landlord's Security Interest: This lease is a security agreement for the purposes of the Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement. 24. Assignment and Subletting: Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment of sublease is made with or without the of consent Landlord. 25. Relocation: By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended be amended. 26. Subordination: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (I) Any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property by Landlord; (2) All advances made under any such lien, encumbrance, or ground lease; (3) The interest payable on any such lien or encumbrance; (4) Any and all renewals and extensions of any such lien, encumbrance, or ground lease (5) Any restrictive covenant affecting the leased premises or the Property; and (6) The rights of any owners' association affecting the leased premises or property. B. Tenant must, on demand, execute any instrwnent subordinating this lease as Landlord may request, provided that such subordination is made on the condition that, this lease and Tenant's rights under this lease are recognized by the lien- holder. 27. Estoppels Certificates: Within to days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppels certificate that identifies: (a) when this lease commences and ends; (b) any amendments to this lease; (c) any rights that Tenant may have to extend this lease or purchase the Property or leased premises; (d) any default by Landlord; and (e) any other information reasonable requested in the certificate. 28. Casualty Loss: A. Tenant must inimediately notify Landlord on any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more the 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premise within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. Initialed for Identification by Tenant: _ and --,--' Landlord:~ 8 of 10 ....-'~T w '..-------. Commercial Lease: C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after tenant notifies Landlord of the casualty, Landlord may: (I) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (I) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not tenninate because ofa casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. Condemnation: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will tenninate. If after a condemnation or purchase in lieu of condemnation the leased premises are partially unusable for the purposes stated in this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. Attorney's Fees: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs of litigation from the non-prevailing party. 31. Representations: Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign a lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: N/A N/A 32. Appropriation of Funds: This lease is subject to the budgetary process of the Tenant. If current revenue funds are not appropriated by the Tenant, the Tenant has the right to cancel this lease without penalty. Ifbudget is approved and accepted near August I of every year and Tenant renews, Tenant is responsible for entire rent obligation for that option period. 33. Addenda: Incorporated into this lease are the addenda, exhibits, and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. 34. Agreement of Parties: A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Bindine Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and pennitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, anyone or more of the Tenants regarding any tenn of this lease, its renewal, or its termination is binding on all Tenants. D. Controlline Law: The laws of the State of Texas govern th~ Ifterpretation, performance, and enforcement of this lease. Initialed for Identification by Tenant: _ and _, Landlord:~ 9 of 10 " Commercial Lease: E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Ouiet Eniovrnent: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from serious interference. H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lockout, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. 35. Notices: All notices under this lease must be in writing and are effective when hand- delivered, sent by mail, or sent by facsimile transmission to: Tenant At the address of the leased premises Landlord at 615 S. Upper Broadway Corpus Christi, TX. 7840 I with a copy to: at: City of Corpus Christi Attn: Director, Municipal Court P.O. Box 9277 Corpus Christi, TX. 78469-9277 36. Special Provisions: The leased space consists of 1966 square feet and the base rent is based on 1.00 /SF gross (1.00 X 1966 = $1966.00). In addition to the Base monthly rent will be Triple Net Charges of the following: 84.21 for property taxes and 50.69 for Insurance. Common area maintenance of 126.94 is being waived. The total montWy rent will be $2100.90. The Triple Net charges are to be locked in at the current rate for the initial twelve month lease and the two twelve month renewal options. Real estate brokers are not qnalified to render legal advise, property inspections, surveys, engineering studies (e.g, studies of the structures, drainage, and soil conditions). Environmental assessments, tax advice, financial advice, or inspections to determine compliance with zoning, governmental regulations, or any law (e.g., ADA, Texas Architectural Barriers Statute, etc.). The parties should seek experts to render such services. Selection of such experts is the responsibility of the parties and not the real estate broker. The terms oC this lease are negotiable among the parties. This is intended to be a legal agreement binding upon final acceptance. READ IT CAREFULLY. If you do not understand the efCect of this lease, consult your attorney BEFORE signing. ~ Date ~~ Tenant Date By Date Tenant As N/A for Landlord Approved as to form' :,~mes R. Bray Jr . I..-Ily Attorney By ,(~r . Usa AgUilar --- ASSistant City Attorney Initialed for Identification by Tenant: _ and _, Landlord: 100fl0 T w " 7 --r T CITY COUNCIL AGENDA MEMORANDUM Date: SeDtember II. 2001 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,365 from the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the Gang Analysis Unit of the Police Department and to execute all related documents. B. Ordinance appropriating $31,365 in the No. 1050 FederaVState Grants fund from the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the Gang Analysis Unit of the Police Department ISSUE: The State of Texas, Criminal Justice Division, under the Criminal Justice Planning Fund has approved funding for Year 4 of the Gang Analysis Unit Background: The Corpus Christi Police Department has been awarded fourth year funding for continuation of the Gang Analysis Unit The unit will continue the Police Department's operational plan to address the youth street gang problem through proactive measures. The personnel are responsible for maintaining the relational gang database on-line by entering and updating what is currently some 3,000 records of known and suspected gang members. They will also review, prepare, and forward daily reports of JET officers to the appropriate authorities; compile statistical data, and support criminal and civil litigation concerning gang activities. FUNDING: The State will provide $31,365 and the City will contribute $39,679. The State provides 50% of salaries and benefits for two civilian employees, a Gang Analyst and a Data Entry Clerk III. The City funds provide for the remaining 50% and operational costs such as office supplies. The grant is on a five-year funding schedule, Year 3 = 75/25, Year 4 = SO/50, and Year 5 25/75. Required Council Action: Approval to accept the grant and appropriate the funds. Recommendation: Staff recommends accepting the grant and appropriating the funds. ~ P. Alvare, r. Chief of Po 1 Attachments: 1. Award letter 2. Grantee Acceptance Notice l\P ATDOCS\GRANTS\GAUAPPR02DOC ~'-- . - OFFICE OF THE GOVERNOR RICK PERRY GOVERNOR August 23, 2001 Mr. David Garcia Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 Dear Mr. Garcia: I am pleased to announce a grant award for $31,365 to your organization for the following project: Gang Analysis Unit. I am dedicated to ensuring that communities throughout the state receive resources to make Texas a safer place. Funding for your project contributes to this effort. Your talent, dedication, and hard work will ensure its success. The attached Statement of Grant Award contains more specific information about your award. Call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Rick Perry Governor RP:jk ~-~-"""''''1E'"'''\ . ',' :.~ 'l _. ,'- ~. '1 ..1 .1 .... '.., if.. I -..it 14662-03 AUG 3 1 2001 CITY MANAGER'S OFFICE POST .oFFICE Box 12428 AUSTIN, Tf.JCAS 78711 (;121463-2000 (VOICE)!(;12) 47;-316; (IDD) " ,. RiCl\. PERRY STATE GF TEX." OFF I C F 0 F THE G 0 \. ERN 0 R CR""NAL ]eSTICE DIVISIO'; GO\ER:'\OR MEMORANDUM TO: SUBJECT: AUTHORIZED OFFICIALS, CRIMINAL JUSTICE D~/../(Cm) GRANTS JAY KIMBROUGH, EXECUTIVE DIRECTOR ~ cm GRANT A WARD NOTIFICA nON // . FRO},!: I am pleased to inform you that your application for award has been approved. The enclosed letter, Grant Acceptance Notice, Statement of Grant Award, and Approved Budget Summary, contains information concerning a grant awarded to your agency by cm. The fInancial offIcer and the project director designated in your grant application have been informed of the award by separate letter. The original Grant Acceptance Notice enclosed must be signed by the three designated grantee offIcials and returned to CJD within 45 davs of the award date. The Governor's web-site offers a variety of useful links referencing cm Year 2001 documents such as application kits and forms. The site at htto:i/\\'",vw.lZovemor.state.tx.us/the office/cidfcidmain.htm also contains documents needed to properly administer cm grants and is listed below: '" Texas Administrative Code (TAC) .,. Provides description of criminal justice grant programs, the funding cycle, and tips for grantees '" Useful links to federal and state agency Web home pages .,. Relevant federal and state initiative sites '" OffIce of Justice Programs (OJP) Financial Guide - applies to all cm grants, except for Crime Stoppers Assistance Fund, Safe and Drug-Free Schools and Communities Fund, and the State Criminal Justice Planning Fund ,. Uniform Grant Management Standards (UGMS) - administrative guide, applies to all cm grants ,. U.S. Department of Education General Administrative Regulations (EDGAR) - applies to Safe and Drug-Free Schools and Communities grants only I look forward to working with you to ensure the success of your program. Your dedication in appreciated. Any questions relating to the administration of this grant should be directed to the appropriate staff member listed below: Jay Kimbrough - Interim Director, Crime Stoppers Program ,. Ed Dickens - Crime Stoppers Assistance Grants 512/463-1953 512/463-1914 Gary Walker - Interim Director, Law Enforcement and Texas Narcotics Control Program ,. Taylor Petty - Local Law Enforcement Block Grants ~ Dan Glotzer - Law Enforcement & RSA T Programs 512/463-1806 512/463-2822 512/463-1786 Glenn Brooks - Director, Justice Programs '" Leticia Pena Martinez - Juvenile Unit ,. Aimee Snoddy - Victims Unit ,. Jim Kester - Project Spotlight & Special Programs 512/463-1944 512/463-1921 512/463-1924 512/463-1916 POST OFFICE Om: 12-i28 Al;:m:-<, TEXAS 78711 (512) ..j.63-1919 (VolcE)/(512) ...75-2440 (FA..,() OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE SF-02-A 10-14662-03 Corpus Christi, City of Gang Analysis Unit This Acceptance Notice should be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by October 7,2001. The grantee will not receive any grant funds until this notice is executed and returned to CJD. Part I: The authorized official for this grant project must read the following and indicate agreement by signing this Acceptance Notice below: . The authorized official for the grantee accepts the grant award. . The authorized official, financial officer, and project director, referred to below as grantee officials, agree to the terms of the grant, including the rules and documents adopted by reference in Title I, Part I, Chapter 3, Texas Administrative Code. . It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. . The grantee officials understand that they must satisfy all special conditions placed on this grant before receiving any funds. . The grant must have three separate persons designated to serve as grant officials. Signature of Authorized Official David R_ Garcia, City Manaqer Name & Title (must print or type) P. O. Box 9277 Official Agency Mailing Address Corpus Christi, Texas 78469 City/Zip Code 361-880-3208 Telephone Number 361-880-3839 Fax Number Part II: The position designated by the authorized official to request grant adjustments is the (select one): III PROJECT DIRECTOR FINANCIAL OFFICER 2002-Criminal Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 '--1 r OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: Grantee Name: Project Title: G rant Period: Program Fund: SF-02-A10-14662-03 Corpus Christi. City of Gang Analysis Unit 09/01/2001 - 08/31/2002 SF-State Criminal Justice Planning (421) Fund CJD Award: Grantee Cash Match: Grantee In-Kind Match: Total Project Cost: $31,365 $39,679 $0 $71,044 The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The approved budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon acceptance of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to the conditions of grant funding. 2002-Criminal Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 T - OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY Grant Number: Grantee: Project Title: Grant Period: Funding Source: SF-02-A 10-14662-03 Corpus Christi, City of Gang Analysis Unit 09/01/2001 to 08/31/2002 SF-State Criminal Justice Planning (421) Fund Region: 2000 Date: 08/28101 CJD Cash Match In-Kind TOTAL A. Personnel: $30,750 $35,739 $0 $66,489 B. Contractual: $0 $0 $0 $0 C. Travel: $0 $0 $0 $0 D. Equipment: $0 $0 $0 $0 E. Construction: $0 $0 $0 $0 F. Supplies: $0 $3,940 $0 $3,940 G. Indirect: $615 $0 $0 $615 Total: $31,365 $39,679 $0 $71.044 Budget Detail: A. Gang Analyst, $30,200; Data Entry Clerk II, $20,804; Fringe Benefits, $15,485. F. Office Supplies, $300; Printing, $500; Telephone Charges, $2,580; Postage, $200; Internet. $360. G. 2% of direct charges. 2002-Criminal Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 1 I ORDINANCE APPROPRIATING $31,365 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FROM THE ST ATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FOURTH YEAR FUNDING OF THE GANG ANALYSIS UNIT OF THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $31,365 is hereby appropriated in the No.1 050 Federal/State Grants Fund from the State of Texas. Office of the Governor. Criminal Justice Division, for fourth year funding of the Gang Analysis Unit of the Police Department. SECTION 2. That upon written request of the Mayor or five Council members, copy attached. the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal. Jr.. :VIA YOR APPROVED ~hvt.. (I . 2001 James R. Bray~ City Attorney By: t~~ Lisa Aguila Assistant City Attorney H:\LEG-DIR'.uSA,ORD3\ORDJ..t2.t 8 . CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: Seotember II. 2001 A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1 0, 000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. B. Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants fund from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities; and declaring an emergency. ISSUE: The State has funding available to encourage compliance and enforce regulations governing the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate Bill 55. This block grant is available to help defray some of the costs associated with enforcement of tobacco regulations. BACKGROUND INFORMATION: For the third year, the Comptroller's office is providing funding to local law enforcement agencies to encourage compliance and enforce regulations governing the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate Bill 55. Block grant funds were authorized to help agencies defray some of the costs associated with enforcement of tobacco regulations. The funds will be used for the following compliance activities: . On-site compliance inspections of cigarette or tobacco permitted retail outlets that may result in the issuance of citations using minors as decoys ("stings") . On-site compliance inspections that may result in the issuance of citations without using minors as decoys, i.e. violations for signs not posted, lack of proper certification) . Compliance education for retailers or school age children . Required reporting to the Comptrollers office Officers on an overtime basis will conduct these activities. During the first two years of operations, the Police Department conducted over 200 compliance inspections and issued over 175 citations. FUNDING: There is no match required by the City. REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating funds, RECOMMENDATION: Staff recommends acceptance of the grant award. <f2:& Chief of Police ADDITIONAL SUPPORT MATERIAL Award Letter x Grant acceptance agreement and compliance standards x . - <\\\E CO~ eil"". ~ ~. . ?~ "0' ~ -II' 1'EXi''O If. CAROLE KEETON RYLANDER Comptroller COMPTROLLER OF PUBLIC ACCOUNTS P.o. BOX 13528 AUSTIN, TX 78711-3528 August 30, 2001 Pat Eldridge Corpus Christi Police Department Post Office Box 9016 Corpus Christi, Texas 78469-9016 Dear Pat: Congratulations! Your department has been awarded a Tobacco Compliance grant in the amount of$10,000.00 under the provisions of the Tex. Health & Safety Code Ann. Sec. 161.088(b) (Vernon's Supp. 1999), for fiscal year 2002 beginning September 1, 2001. Enclosed you will find the "Grant Acceptance Agreement and Compliance Standards" form. To accept your grant award, please have an authorized official of your law enforcement agency sign and return the agreement to the following address by September 20, 2001. Texas Comptroller of Public Accounts Attention: Aurora Servantes Post Office Box 12010 Austin, Texas 78711-2010 If we do not hear from you, your grant application will be rejected. In addition, each grantee must begin implementation of the grant provisions within 30 days after attending a technical assistance workshop. Any exception to this requirement will require review and written approval by the Comptroller or the Comptroller's designee. Please keep a copy of the Grant Acceptance Agreement for your files. As a condition of receiving this grant, your officers are required to complete the "Texas CigarettelTobacco Inspection Report" when making tobacco compliance inspections. A copy of the report form will be distributed in technical assistance workshops presented by the Statewide Tobacco Education Program (STEP). These inspection reports are due on the 10th day of the month following each month that compliance activities are performed. Because STEP will be providing technical and other assistance to you as a Tobacco Compliance grantee, we ask that you send your monthly inspection reports to: Statewide Tobacco Education and Prevention 1700A Ranch Road 12, Suite 218 San Marcos, Texas 78666-4610 Attendance at a technical assistance workshop is mandatory. STEP will mail information to grantees regarding the scheduling of these workshops. If you have any questions regarding this letter, please contact STEP at 1-888-783-7123. Thanks for all that you do for Texas. ~;e Carole Keeton Rylander Texas Comptroller Enclosure c: Aurora Servantes an equal opportunity employer 12_170 - GRANTACCEPTANCEAGREEMENTANDCOMPL~CESTANDARDS By this agreement, Corpus Christi Police Department (hereinafter "grantee") hereby agrees and certifies to comply with all applicable provisions of the Uniform Grant and Contract Management Standards (UGCMS) promulgated by the Office of the Governor pursuant to the Uniform Grant and Contract Management Act, Chapter ]83, Government Code. A copy of the UGCMS may be requested either from the Office of the Governor or from the Comptroller. Grantee acknowledges that appropriate approvals have been obtained from their governing body (city council or county commissioners' court) to accept the grant funds specified in this agreement. Grantee agrees to use or expend grant funds exclusively for the following compliance activities, unless directed otherwise by the Comptroller's office: . On-site compliance inspections of cigarette or tobacco permitted retail outlets (e,g., grocery stores, convenience stores, gas stations, mass merchandisers) that may result in the issuance of citations using minors as decoys (i.e., "stings"); . On-site compliance inspections that may result in the issuance of citations without using minors as decoys (e.g., violations for signs not posted, lack of proper certification, direct access by minors to cigarettes or tobacco products, and the use or possession of cigarettes or tobacco products by a minor); . Compliance education for retailers or school age children; . Monthly compliance activity reports to the Comptroller or the Comptroller's designee. The Grantee agrees to allocate grant funds for enforcement and compliance activities as suggested by the Comptroller in the grant application or as otherwise approved by the Comptroller. Grantee agrees to send local law enforcement agency representatives or officers to required training conducted by DARE relating to stings and to other duties prescribed by Senate Bill 55, 75th Legislature. Grantee agrees to comply with all other applicable state and federal laws, regulations, and guidelines. Grantee also agrees to maintain such data and information as required by the Comptroller's office, and to submit reports containing such information as the Comptroller requires, Grantee agrees to comply with all requirements imposed by the Comptroller concerning special requirements of law, program requirements, and other administrative requirements. The terms and conditions of the grant application are incorporated and made a part of this grant agreement for all purposes. The Comptroller reserves the right under this agreement to amend the terms of the agreement at any time and to impose additional requirements on the grantee at the sole discretion of the Comptroller. Grantee understands and acknowledges that failure to comply with the terms of this agreement (including grant usage restrictions), or with any applicable state or federal law or regulation, may result in the forfeiture of grant funds. Upon forfeiture, the Grantee may also be responsible for the return of the full amount of the original grant to the Comptroller. This grant award is in the amount of $] 0,000.00 and covers the period from September], 200 I through August 31, 2002. David R. Garcia, City Manager Name and Title of Official authorized to accept grant funds on behalf of County or Municipality (Please print) City of Corpus Christi Department or Agency Name Signature of Authorized Official Date 74-60000574 Taxpayer Number (assigned by Comptroller) or FE! Number T ORDINANCE APPROPRIATING $10,000 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FROM THE STATE OF TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR TOBACCO COMPLIANCE AND PREVENTION ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000 from the State of Texas Comptroller of Public Accounts is appropriated in the No. 1050 Federal/State Grants Fund for tobacco compliance and prevention activities. 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 LEGAL FORM APPROVED ~~ II. 2001: JAMES R, BRAY. JR.. CITY ATTORNEY By: rt.~ ~ Lisa Aguilar. . istant City Attorney H:\LEG_DIR'LlSA\ORD3\ORD3 ...\~5 . 9 .. , r AGENDA MEMORANDUM September 18, 2001 SUBJECT: Acceptance of an amendment to the second Passenger Facility Charge Application to increase the collection amount by $8,219,930 and extend the collection period through April 1, 2023 for the Corpus Christi International Airport; extending the Passenger Facility Charge Collection Period for the Corpus Christi International Airport; and appropriating $598,301 in the No. 4621 Passenger Facility Charge Fund to reimburse the City for approved PFC-funded projects previously paid from other funding sources. AGENDA ITEMS: a. Motion authorizing the City Manager or his designee to accept an amendment to the Passenger Facility Charge application submitted December 19, 1997, increasing the allowable collections to $41,083,878 and extending the collection period to April 1, 2023. b. Ordinance Amending the Code of Ordinances Chapter 9 - Aviation, Section 9-62 Passenger Facility Charge by extending the collection period from May 31,1998 to April 1, 2023; providing for publication. c. Ordinance appropriating $598,301 in the No. 4621 Passenger Facility Charge Fund to reimburse the City for approved PFC-funded projects previously paid from Airport Capital Reserves, Bonds, Interest, and Operating Funds and for the Terminal Building Reconstruction Project; and declaring an emergency. ISSUES: An amendment to the Passenger Facility Charge (PFC) Application No. 98-02-C-00-CRP was requested on June 7, 2001 to increase the total application amount by $8,219,930 to $41,083,878, and to revise the collection period to a new estimated charge expiration date of April 1, 2023. This amendment was approved by the Federal Aviation Administration (FAA) on June 26, 2001. This will allow for the collection of PFC's through April 1, 2023 or until the approved application amount has been collected. This amendment aligned PFC funding to support the Airport Capital Improvement Program the City Council adopted and General Airport Revenue Bonds (GARBS) sold in August, 2000. The City has spent funds over the past several years on various Capital Improvement Projects at the airport from the Airport Capital Reserves Fund. The FAA has approved reimbursement of these eligible expenses in an amendment to the second Passenger Facility Charge Application 98-02-C-00-CRP. Funds must be appropriated in the PFC Fund No. 4621 in order to reimburse the Airport Capital Reserves and Airport Capital Improvement Funds. FUNDING: Funding is available in the Passenger Facility Charge Fund RECOMMENDATION: Recommend approval of the Ordinance as presented. On September 10, 2001, the Airport Board recommended approval of this item as presented. ,C-"_ -&-_ . I Dave Hamrick Director of Aviation (Acting) I ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. FAA Approval Letter r ADDITIONAL BACKGROUND INFORMATION SUBJECT: Acceptance of an amendment to the second Passenger Facility Charge Application to increase the collection amount by $8,219,930 and extend the collection period through April I, 2023 for the Corpus Christi International Airport; extending the Passenger Facility Charge Collection Period for the Corpus Christi International Airport; and appropriating $598,30 I in the No. 4621 Passenger Facility Charge Fund to reimburse the City for approved PFC-funded projects previously paid from other funding sources. BACKGROUND: In September 1992, City Council approved the first application for a Passenger Facility Charge of $3.00 per enplaned passenger for a period of approximately five years to match Federal Aviation Grants on several capital improvement projects including the Terminal Reconstruction. The Ordinance identified October 31, 1997 as the date collections would cease based on the estimate of enplaned passengers and resulting revenue received. In September, 1997, City Council approved extending the date of collections to May 31, 1998 in order to collect the maximum amount allowable in the original application including an additional 15% above the application amount. This application for $5,540,745 in Passenger Facility Charges was approved by the F ederal Aviation Administration (FAA) on December 29, 1993. Requests were made to amend this application on July 18, 1997 and October 23, 1997 and the amendments were approved by the FAA on September 5, 1997 and December 20, 1997, respectively to include a total funding amount of$6,337,528 to be collected through May I, 1998. City Council approved the submission of a new application on December 18, 1997, which included the Terminal Reconstruction Project and other Capital Improvement Programs, which was subsequently approved by the FAA on April 14, 1998. The total funding requested in this application was $32,863,948, which was to begin on July I, 1998 through June 30, 2018. An amendment to this application was requested on June 7, 2001 to increase the funding amount by $8,219,930 and to revise the collection period to a new estimated charge expiration date of April I, 2023. This amendment was approved by the FAA on June 26, 2001. This will allow for the collection of PFC's through April I, 2023 or until the approved application amount has been collected. Revisions to the PFC Application were required to support the Council-adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. See Exhibit B. EXHIBIT A I Page 1 of 2 J PROJECT DESCRIPTION: Listed below are PFC-approved projects and corresponding appropriation amounts. Terminal Reconstruction: Master Plan Update/Airport Planning Studies Runway 17-35 Rehabilitation Runway 13-31 Repairs/Drainage Landside Roadway System Reconstruction Airfield Equipment Storage Facility Airfield Lighting and Monitoring Control Commercial Apron Rehabilitation Access Control System Replacement Taxiway G Paving & Lighting/West GA Apron Taxiway F Extension ARFF Vehicle PFC Program Formulation Costs Total: PRIOR COUNCIL ACTIONS: $500,000 $10,448 ($604) ($2,022) $64,057 ($8,300) $6,935 $14,755 $1,613 ($7,598) $5,597 ($1,280) $14.700 $598.301 In-progress Completed Completed Completed In-progress Withdrawn In-progress Completed In-progress Completed Completed Completed In-progress 1. Seotember 22. 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31,1997. (Ord. 021483) 2. Seotember 9. 1997 - Ordinance extending the collection period from October 31,1997 to May 31,1998. (Ord. 023057) 3. December 18. 1997 - Ordinance to submit an application (No.2) to FAA to collect and use a Passenger Facility Charge of$3.00 per enplaned passenger at CCIA for a period of twenty years beginning June I, 1998. (Ord. 023165) FUTURE COUNCIL ACTIONS: 1 Future amendment to the second Passenger Facility Charge Application to increase the appropriations for current projects. 2 Future third Passenger Facility Charge Application to increase the fee to $4.50 for ongoing and future Capital Improvement Projects at Corpus Christi International Airport. BOARD COMMITTEE REVIEW: The Ordinance to appropriate Passenger Facility Charges for reimbursement to the City for approved projects was reviewed and recommended by the Airport Board on September 10, 2001. , 1'" EXHIBIT A I Page 2 of 2 o u.s. Deportment of Transportation Federal Aviation Administration Exhibit "B" Southwest Region Arkansas. Louisiana. New Mexico. Oklahoma. Texas Fort Worth. Texas 76193-0000 JUN 2 5 2001 Mr. Dave Hamrick Acting Director of Aviation Corpus Christi International Airport 1201 Leopard Street Corpus Christi. TX 78401 Dear Mr. Hamrick: Re:,PFC Applications 98~02-C-00-CRP. Amendment 01 In accordance with Section l58.37(b) of Federal Aviation Regulation (14 CFR 158). the Federal Aviation Administration (FAA) has approved Amendment 01 to the referenced application for the approved Passenger Facility Charge (PFC) program at Corpus Christi International Airport (CRP). A decision summary table is enclosed. The following items have been revised: _ i a. project No.1. Lighting control (EMCS). has been withdrawn as a stand-alone project. b. project No.2, ADA Compliance. has been withdrawn as a stand-alone project. c. project No.3. Canopy Enhancement Expansion, has been withdrawn as a stand-alone project. d. project No.4, Structural Repair to Terminal. has changed to Terminal Reconstruction the project has increased by $6,949,653.to $20,628.653. e. project No.6. planning Study, has been increased by $10.448 to $233,148. f. project No. 7, Runway 17-35 Rehabilitation, has been decreased by $604 to $75,396. RECEIVEC JUN 2 9 20[ OPERATli . 2 g. project No.8, Runway 13-31 Repairs/Drainage Improvements, has been decreased by $2,022 to $70,978. h. project 9, Landside Roadway System Reconstruction, has been increased by $3,727,607 to $18,611,607. i. Project No. 10, EA for Runway 13-31 Extension, has been withdrawn. j. Project No. 11, Airport Drainage Improvements, has been increased by $143,000 to $453,000. k. project No. 12, Airfield Equipment Storage Facility, has been withdrawn. 1. project No. 13Airfield Lighting Monitoring and Control, has been increased by $6,935 to $59,935. ~_ project No. 14, ARFF Building Improvements, has been increased by $35,000 to $70,000. n. project No. 15, commercial Apron Rehabilitation, has been increased by $22,855 to $76,855. o. project No. 16, commercial Apron Expansion, has been increased by $303,579 to $337,579. p. project No. 17, Access Control System Replacement, has been increased by $79,013 to $113,013. q. project No. 18, Taxiway G paving and Lighting and West GA Apron, has been decreased by $7,598 to $136,302. .'. r. project No. 19, Taxiway F Extension, has been increased by $5,597 to $105,201. s. project No. 20, Acquire ARFF Vehicle, has been decreased by $1,280 to $38,720. t. project No. 22, Acquire Passenger Lift Device, has been decreased by $6,952 to $1,420. u. project No. 23, PFC Project Formulation, has been increased by $14,700 to $49,700. v. The total Impose and Use authority has been increased by $8,219,930 to $41,083,878. w. The revised Charge Expiration Date is April 1, 2023. T I 3 You are reminded that you must notify collecting carriers of the revision to the charge expiration date. Please send a copy of the notification to the Texas Airport District Office. Any inquiries concerning this action should be directed to G. Thomas Wade, Regional PFC Program Manager, at (817) 222-5613. ,Sincerely, ~;(J~ Naomi L. Saunders Manager, Airports Division Enclosure cc: '(Via FAX) Mr. Don Minnis Air Transport Association ,', I PASSENGER FACILITY CHARGE (PFC) SUMMARY TABLE. Corpus Christi International Corpus Christi, TX 6/25/2001 APPLICATION INFORMATION: Authorizing Document Received Approved Application No. 93.01-C-00-CRP 08/02/93 12/29/93 Amendment No. 93-G1-C-G1-CRP 10/23/97 12/20/96 Amendment No. 93-01-C-02-CRP 07/18/97 09/05/97 Application No. 98-G2-C-G0-CRP 12/15/97 04114/98 Amendment No. 98-02-C-01-CRP 06/08/01 06/26/01 Approved PFC Amounts Collection Use Exclusion/Amendments Closed $41,083,878 $47,421,406 $5,540,745 $26,195 $770,588 $6,337,528 Part 136s with <10 seats $32,863,948 $8,219,930 Convert from Structural Repair to ReconstructJRebuild Terminal in.place, Merge projects, Add funds, Adjust for Actual costs $41,083,878 Part 135 w/Less than 10 seats $47,421,406 $5,540,745 $26,195 $770,588 $6,337,528 $32,863,948 $8,219.930 Total PFC Collections Approved: ~. f I PASSENGER FACILITY CHARGE (PFC) SUMMARY PFC APPLICATION 93-01-C-00-CRP Corpus Christi International Corpus Christi, TX 6/25/2001 !l,PPLlCATION INFORMATION: ~uthorlzing Document ~pplication No. 93-01-C-OO-CRP Amendment No. 93-01.C-Ol-CRP Amendment No. 93-01-C-02-CRP Received 08/02193 10123/97 07/18/97 Approved 12129/93 12/20/96 09/05/97 Approved PFC Amounts Collection Use $5,540,745 $5,540,745 $26,195 $26,195 $770,588 $770,588 $6,337,528 $6,337,528 Appr. Air Carrier Exclusions/Amendments Part 1355 with <10 seats Closed Part 1355 with <10 seats Charge Effective Date: 3/1/94 Charge Explr~tion Date: 5/1/98 PFC Collections Approved: Minus Actual PFC Collected: Minus Interest Earned: Remaining Collections: $6.337,528 $5,772,008 $565,520 $0 PFC Use Approved: Minus Actual PFC Used: Remaining Use: $6,337,528 $4.014,724 $2,322,804 PROJECT INFORMATION: Approved PFC Amounts FAA # PA# Project Description Status Impose Appl Use Appi Collection Use Start Date End Oat CRPOOl 1 Guidance Signs and Markings Use This Appl This Appl $37,800 $37,800 03101/93 06/01/9 CRP002 2 Automatic Switchgear and Prim Use This Appl This Appl $76,500 $76,500 03101/93 06/01/9 CRP003 3 HIRL Runway 17-35 Use This Appl This Appl $25,600 $25,600 03/01/93 06/01/9 CRP004 4 Commercial Apron Lighting Use This Appl This Appl $20,000 $20,000 03101/93 0610119 CRP005 5 Camm Apron Rigid Pvmt Recons Use This Appl This Appl $51,110 $51,110 10/01/94 0610119 CRP006 6 West Apron Cargo Improvement Disapproved This Appl $0 $0 0 0 CRP007 7 ARFF Fac1ty, Comm Centr, Bum Use This Appl This Appl $151,790 $151,790 03/01/93 1210119 CRP008 8 Runway 13-31 Reconstr Use This Appl This Appl $66,890 $66,890 09/01194 11/01/9 CRPOO9 9 Vacuum Sweeper Withdrawn This Appl $0 $0 () 0 CRP010 10 Handicap Lift Withdrawn This Appl $0 $0 0 0 CRP011 11 TW Land M Light and Widen Withdrawn This Appl $0 $0 () () CRP012 12 Purchase ARFF Vehicle Withdrawn This Appl $0 $0 () 0 CRP013 13 Terminal Reconstruction Use This Appl This Appl $5,907,838 $5,907,838 11/01/95 (06102) CRP014 14 Eq Storage Facility and Yard Disapproved This Appl $0 $0 () () CRP015 15 Update Master Plan Disapproved This Appl $0 $0 .() () $0 , CRP016 16 Cargo Building Withdrawn This Appl $0 () 0 CRP017 17 Loop Road Relocation Disapproved This Appl $0 $0 () () CRP018 18 landside Roadway Reconstr Disapproved This Appl $0 $0 () () $6,337,528 $6,337,528 T - PASSENGER FACILITY CHARGE (PFC) SUMMARY PFC APPLICATION 98-02-C-00-CRP Corpus Christi International Corpus Christi, TX \PPLlCATION INFORMATION: \uthorizing Document \pplication No. 98-02-C-00-CRP ~mendment No. 98-02-C-Ol-CRP Received 12/15/97 06/08/01 Approved 04114/98 06/26/01 Approved PFC Amounts Collection Use $32,863,948 $32,863,948 $8,219,930 $8,219,930 $41,083,878 Charge Effective Date: 4/1198 Charge Expiration Date: 4/1/23 PFC Collections Approved: Minus Actual PFC Collected: Minus Interest Earned: Remaining Collections: 'ROJECT INFORMATION: CRP019 CRP020 CRP021 CRP022 CRP023 CRP024 CRP025 CRP026 CRP027 CRP028 CRP029 CRP030 CRP031 CRP032 CRP033 CRP034 CRP035 CRP036 CRP037 CRP038 CRP039 CRP040 CRP041 CRP042 PA# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Project Description Lighting Control (EMCS) ADA Compliance Canopy Exp and Enhancement Structural Repair to TerminaVRe Land Acq EA Airport Planning Studies Runway 17-35 Rehab Runway 13-31 Repairs/Drainage Landside Roadway Reconstr Runway 13-31 Ext EA Airfield Drainage Improv Airfield Eq Storage Facility Airfield Lighting Monitoring & Co ARFF Improvements Commercial Apron Rehab Commercial Apron Expansion Access Control System Replace TW G Lighting & Paving & West TW F Extension ARFF Vehicle Vacuum Sweeper Passenger Lift Device PFC Program Forumlation Costs EA (Stonnwater) Status Withdrawn Withdrawn Withdrawn Use Withdrawn Use Use Use Use Withdrawn Use Withdrawn Use Use Use Use Use Use Use Use Use Use Use Use INFORMAL RESOLUTION INFORMATION: FAA # CRP031 CRP032 Impose Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl PA# 13 14 Project Description Impose Application Airfield Lighting Monitoring & Conlr 98-02-C-00-CRP ARFF Improvements 98-02-C-00-CRP $41,083,878 $41,083,878 $3,284,131 $420,910 $37,378,837 6/25/2001 Appr. Air Carrier Exclusions/Amendments Closed Part 135 w/Less than 10 seats Convert from Structural Repair to Reconstruct/Rebuild Tenninalln-place, Merge projects, Add funds, Adjust for Actual costs Part 135 w/Less than 10 seats PFC Use Approved: Minus Actual PFC Used: Remaining Use: Approved PFC Amounts Collection Use Use Appl This Appl This Appl This Appl This Appi This Appl This Appl This Appl This Appl This Appl This Appi This Appl This Appi This Appi This Appi This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl This Appl Use Application 98-02-C-OO-CRP 98-02-C-00-CRP $41,083,878 $1,203.410 $39,880.468 $0 $0 $0 $20,628,653 $0 $233,148 $75,396 $70,978 $18,611,607 $0 $453,000 $0 $59,935 $70,000 $76,855 $337,579 $113,013 $136,302 $105,200 $38,720 $8,372 $1,420 $49,700 $14,000 $41,083,878 Start Date End Oat $0 (07/01) (11/02) $0 (07/01) (11/02) $0 (07/01) (11/02) $20,628,653 04/01/00 (11/02) $0 () () $233,148 03/01/96 (10/02) $75,396 09/01/96 02/01/9 $70,978 09/01/97 11/01/9 $18.611,607 04/01/99 (03/04) $0 (03/03) (05104) $453,000 04/01/99 (06/04) $0 (05/00) (10/04) $59,935 (06/01) (05/02) $70,000 (08/03) (10/02) $76,855 09/01/98 (12/01) $337,579 03/01/00 (11/02) $113,013 07/01/98 (11/02) $136,302 09/01/94 06/01/9 $105,200 01/01/95 07/01/9 $38,720 10/01/94 10/01/9 $8,372 03101/93 07/01/9 $1,420 03101/93 07/01/9 $49,700 08/01/95 04/01/9 $14,000 08101/96 09/01/9 $41,083,878 Required 04/13/00 04/13/00 Implementation Date New Apprvd 06130/01 08/01/03 Actual Unresolved Unresolved AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 9, AVIATION, SECTION 9-62, PASSENGER FACILITY CHARGE, BY EXTENDING THE COLLECTION PERIOD FROM MAY 31, 1998 TO APRIL 1,2023; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 9, of the Code of Ordinances, Article II, Section 9-62, is amended to read as follows: See 9-62. Passenger Facility Charge. The airport is hereby authorized to collect three dollars ($3.00) per enplaned passenger at airport feF a fleris8 sf a}3f)f8nimately Bye (5) years eegiflfliFlg :- J 0vem.eer 1, 1992 aHa eHEiiHg ~.fay 31, 1998 through April!. 2023. SECTION 2. 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 3. 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, r" ORDINANCE APPROPRIATING $598,301 IN THE :-.'0. .t621 PASSENGER FACILITY CHARGE (PFC) FUND TO REIMBURSE THE CITY FOR APPROVED PFC- FUNDED PROJECTS PREVIOUSLY PAID FROM AIRPORT CAPITAL RESERVES, BONDS. INTEREST, A..'liD OPERATING FUNDS AND FOR THE TERMINAL BUILDING RECONSTRUCTION PROJECT; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $598,301 is hereby appropriated in the No, 4621 Airport Passenger Facility Charge (PFC) Fund to reimburse the City of Corpus Christi for approved PFC-funded projects previously paid from Airport Capital Reserves, Bonds, Interest. and Operating Funds and for the Terminal Building Reconstruction Project. 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 LEGAL FORM APPROVED .:ko~~ 4 JAMES R. BRAY, JR,. CITY ATI\6RNEY By: . . -I...>>YL ~ Lisa Aguilar Assistant City Attorney , :001: OrdHI2 ----I . 10 ....--....- CITY COUNCIL AGENDA MEMORANDUM September 13, 2001 AGENDA ITEM: Authorizing the City Manager, or the City Manager's designee, to submit a grant application to the Texas Historical Commission in the amount of $15,000 for production of historical videos of the City of Corpus Christi, with a City match of $15,000, which will be provided through in-kind services by City staff and other individuals in the community, for a total project cost equal to $30,000, ISSUE: The City of Corpus Christi Landmark Commission is requesting authorization to apply for a Texas Historical Commission grant, in the amount of $15,000, matched with in- kind services from undetermined City staff or other individuals. This grant request is for the production of videos on the history of Corpus Christi and its people. If the grant is awarded, the Landmark Commission and the City appointed Sesquicentennial Committee would develop the video as a tribute to the City's 150th celebration. RECOMMENDATION: Approval of the attached resolution. 1J,~ luJ&- W. Thomas Utter Assistant City Manager '-1 .- .~ Background Information September 13,2001 The Texas Historical Commission has announced the availability of $100,000 in grant funding for small projects including educational activities, programs and publications. Under this activity the City of Corpus Christi proposes to produce educational videos that highlight the City of Corpus Christi's 150 years as a chartered community and citizens of Corpus Christi who made a positive impact on the community. These videos will be broadcast on public television beginning in 2002 in support of the City's Sesquicentennial Anniversary. These videos will also be provided to local schools to educate children and youth about the City's History and promote pride and leadership in the community. Staff from the City's Planning Department and Communications and Quality Management will work closely with members of the Sesquicentennial Advisory Committee to develop the educational historical videos. The total budget for this project is $30,000, of which $15,000 is in-kind services provided by City staff and volunteers. The application is due September 21,2001. If awarded, the project can begin as early as October 1,2001 and must be completed by May 2002. _._~.._',. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS HISTORICAL COMMISSION IN THE AMOUNT OF $15,000 FOR PRODUCTION OF HISTORICAL VIDEOS OF THE CITY OF CORPUS CHRISTI, WITH A CITY MATCH OF $15,000, WHICH WILL BE PROVIDED THROUGH IN-KIND SERVICES BY CITY STAFF AND OTHER INDIVIDUALS IN THE COMMUNITY, FOR A TOTAL PROJECT COST EQUAL TO $30,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Historical Commission in the amount of $15,000 for production of historical videos of the City of Corpus Christi. The City match for this grant is $15,000, which will be provided through in-kind services by City staff and other individuals in the community. The total project costs is equal to $30,000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: 13th day of September, 2001. James R. Bray Jr. City Attorney By: R. Jay Reining First Assistant City Attorney R14039A1.doc 11 ,.. '- AGENDA MEMORANDUM DATE: September 10,2001 SUBJECT: Public Health Services AGENDA ITEM: An ordinance appropriating S245,475 from the unreserved balance in the No. 1050 Federal/State grants fund as State Fiscal Years 2000-2001 and 2001-2002 Program Income to fund Dental, Environmental Health, Laboratory, and Nursing services for the period of September 1, 2000 through August 31, 2002. ISSUE: The Health Department receives funding from the Texas Department of Health (TDH) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State/Federal funds. The State/Federal supported revenues are deemed Program Income (PI). PI earned during the state fiscal (September 1 - August 31) must be spent during that year or returned to the state. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures, Expenditures have included 50% salary and fringes for a Local Area Network (LAN) Administrator, clerical positions in Environmental Health, Laboratory & Nursing, dental, laboratory and nursing supplies, communications equipment, and staff training. Planned expenditures for FY 2001-2002 includes salaries, fringe benefits, supplies, minor equipment, contractual services, training, and computer equipment for the dental, environmental health, laboratory, and nursing programs. Additional PI of $57,315 was earned and obligated for expenditure during FY 2000-2001 (See Attachment A). Attachment B reflects PI earnings for FY 2000-2001 and projected earnings for FY 2001-2002 for a total appropriation request of $245,475. Budgeted expenditures are indicated on Attachment C for all activities. REQUIRED COUNCIL ACTION: Authorize an appropriation of $245,475 for FY 2000- 2001 and 2001-2002 Program Income. RECOMMENDATION: Staff recommends that the ordinance be approved to provide a continuation of public health services to our community. ~ Nina M. isley, M.D., M.P. Director of Public Health ATTACHMENT A CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT REQUESTED INCREASE IN FY 2001 PROGRAM INCOME ALLOCATION FISCAL YEAR END AUGUST 31, 2001 original program income actual requested oroaram estimate oroaram income increase Tuberculosis $15,000 $23,370 $8,370 Lab Medicaid $16,000 $64,945 $48,945 Total $31,000 $88,315 $57,315 -- ... ATTACHMENT B CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT ESTIMATED PROGRAM INCOME FISCAL YEAR 2002 a b a/b calculation estimation fy 2001 fy 2001 fy 2001 fees fy 2002 fy 2002 orooram oroo inc oroo inc % at 100% 0100 inc % orooinc family planning $ 1,962 26% $ 7,546 31% $ 2,500 immunization $ 3,474 51% $ 6,812 61% $ 4,000 std (est thru 12/31) $ 3,840 32% $ 12,000 43% $ 5,160 tb $ 23,370 100% $ 23,370 100% $ 28,000 dental $ 1,748 100% $ 1,748 100% $ 4,000 environmental $ 37,468 10% $ 374,680 16% $ 63,300 lab charges $ 13,763 20% $ 68,815 16% $ 13,200 lab medicaid $ 64,945 100% $ 64,945 100% $ 68,000 total $150,570 $ 559,916 $188,160 . -" -. ATTACHMENT CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT PROGRAM INCOME APPROPRIATIONS FISCAL YEAR 2002 830803 830813 830823 830833 830853 830884 830893 830921 IMMUNIZATION STD FAMILY PLAN ENVIRONMENT LAB CHARGES LAB MEDICAID TB DENTAL ACCOUNT DESCRIPTION 61% ($4,000 43% ($5,160) 31% ($2,500) 16% ($63,300) 16% ($13,200 100% ($88,000) 100% ($28,000 100% ($4,000) 74087250.80 salaries & wages F52003C 1,980.80 27,200.00 17,090.00 3,117.00 8,011.00 retirement 4,900.00 2,850'00 111.00 3,581.00 reu Insurance 10,000.00 22 620.00 32,820.00 chemicallhousehold su lies 100.00 100.00 0 clothing 0.00 520050 fuel & lubricants700.00 500.00 200.00 520060 books 8 periodicals 0.00 520070 food & food su Iles 1,000.00 1,000.00 2,000.00 520090 minortools8 equipment <51,000 500.00 11592.00 200.00 2,292.00 520100 minor computer equipment <5500 1,000.00 300.00 7,300.00 520110 minor office ui men! <$1,000 715.70 3,000.00 2,500.00 400.00 7,791.40 520120 office su les 575.70 200.00 200.00 520130 maintenance materials 2,039.20 1,784.30 1,784.30 2,549.00 4,000.00 2-1803.90 14,980.70 530000 professional services 3,000.00 4,000.00 9,000.00 530070 temporary services 2,000.00 0.00 530100 vehicle repairs---- 300.00 800.00 9DO.00 530140 sla e & e ress charges 10,000.00 400.00 10,400.00 530170 mileage reimbursement 2,825.00 2,825.00 530230 telephone/telegraph service 500.00 700.00 200.00 1,400.00 530230 ui em maintenance 400.00 300.00 700.00 530250 memo I s &dues 800.00 5,OOO.DO 600.00 2,000.00 8,400.00 547010 travel 478.00 88.00 584.00 548120 self insurance allocation 3,082.00 25,196.10 1 28,278.10 550040 other a ui ment >$1,000 3,500.00 3,000.00 6,500.00 550050 computer equipment >5500 4,000.00 5,760.00 2,500.00 83,300.00 13,200.00 88,000.00 28 000.00 4.000.00 188,180.00 total ORDINANCE APPROPRIATING $245,475 FROM THE U~RESERVED BALANCE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS STATE FISCAL YEARS 2000-2001 AND 2001-2002 PROGRAM INCOME TO FUND DENTAL, ENVIRONMENTAL HEALTH, LABORATORY AND NURSING SERVICES FOR THE PERIOD OF SEPTEMBER 1,2000 THROUGH AUGUST 31, 2002; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $245,845 is appropriated from the unreserved balance in the No. 1050 Federal/State Grants Fund as State Fiscal Years 2000-2001 and 2001-2002 program income to fund dental, environmental health, laboratory and nursing services for the period of September I, 2000 through August 31, 2002. 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.. l\layor APPROVED k-k--.-.h..-, 12 ,2001 James R. Bray~ City Attorney J,~......~' By: tf'vvr_ Lisa Aguila Assistant City Attorney H:\LEG.DIR\L1SA\ORD3\ORD3_~2u .--.."y -~ ----_.~_. .,-"..~-----..,...,- 12 . - CITY COUNCIL AGENDA MEMORANDUM September 25, 2001 AGENDA ITEM: A: Motion authorizing the City Manager, or his designee, to accept a grant in the amount of$31,179 from the Federal Emergency Management Agency (FEMA) for the purchase of three Rapid Intervention Kits, B: Appropriating $31,179 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for fire fighting equipment in the No. 1050 Federal/State Grants fund for the purchase of fire fighting equipment; and declaring an emergency. ISSUE: The City of Corpus Christi Fire Department responds to over 400 structural fires per year. Many of these structures are occupied by our citizens. There is always the real danger that the occupants, or a responding firefighter, could become lost in the structure. The Rapid Intervention Kits come equipped with thermal imaging cameras and other equipment that will allow us to quickly determine if anyone is inside a building that is engulfed with fire and smoke. The cameras will pinpoint the victim and provide valuable information on how to best develop a plan to rescue the victim or victims. FUNDING: The proposed grant requires a 30% hard match of $13,363. The Rapid Intervention Kits will cost $44,542 which includes the 30% match. Funds for the hard match have been budgeted by the Fire Department in FY 2001-2002. REQUIRED COUNCIL ACTION: Council approval is required to authorize City Manager to accept grant and appropriate grant monies. RECOMMENDATION: Staff recommends approving ordinance to appropriate a grant in the amount of $31,179 received from the Federal Emergency Management Agency for the purchase of three Rapid Intervention Kits. ADDITIONAL SUPPORT MATERIAL 1. Grant Agreement Articles 2. Ordinance T' _____."'_..~n.---- Federal Emergency Management Agency Washington, D,C. 20472 Mr. David R, Garcia City of Corpus Christi Fire Department 201 N Chaparral Suite 300 Corpus Christi, TX 78401 AUG 2 7 2001 Re: Grant No. EMW-2001-FG-02922 Dear Mr. Garcia: Congratulations, your grant application submitted under FEMA' s Assistance to Firefighters Grant Program for Fire Fighting Equipment has been approved, The approved project costs amount to $44,542.00. The Federal share is $31,179.00 and your share of the costs is $13,363.00, Enclosed with this award letter, you will find FEMA's grant agreement articles. Please make sure you read and understand the articles as they outline the terms and conditions related with your grant award. Maintain a copy of these documents for your official files, You establish acceptance of these grant agreement articles when you expend any of the grant funds available to you. I want to call your attention to Article XI that refers to OMB Circular A-IIO, Part 43 and good procurement practices, The Federal guidance states "All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition," In general, getting two or more bids is seen as a good practice when making substantial purchases. Grant payments under the Assistance to Firefighters Grant Program are made on a reimbursable or an immediate-needs basis. When you need a draw from your grant funds, fill out the attached Request for Advance or Reimbursement (Standard Form 270) and send it to us at the address listed below. In order to speed up the payment process, you also have the option of sending the request via fax at 202-646-3846, We will initiate the payment with the faxed copy but you must also send us the original, signed copy at the address provided below. Each request for payment must be made by using this form. If you have not already done so, please submit a signed 1199a, Direct Deposit Sign-Up Form, to the address below, Send all grant payment documents to: Federal Emergency Management Agency Financial & Acquisition Management Division Grants Management Branch 500 C Street, SW, Room 350 Washington, DC 20472 Attn: Sylvia A. Carroll RECEIVED SEP 0 6 2001 ern' MANAGER'S OFFICE If you have any questions or need additional information, please call Lisa Lewis at (202) 646- 4572. Enclosures: FEMA Form 76-IOA Agreement Articles Checklist Standard Form 270 Standard Form I I99A, if applicable T Sincerely, ~4W~/:' Patricia A. English Senior Procurement Executive Administration and Resource Planning Directorate 1 ORDINANCE APPROPRIATING $31,179 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S ASSISTANCE FOR FIREFIGHTERS GRANT PROGRAM FOR FIRE FIGHTING EQUIPMENT IN THE NO. 1050 FEDERAUSTATE GRANTS FUND FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $31,179 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for Fire Fighting Equipment is appropriated in the NO.1 050 Federal/State Grants Fund for the purchase of fire fighting equipment. 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 on this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: This _ day of ,2001: James R. Bray, Jr. City Attorney By: R. Jay Reining . First Assistant City Attorney ..' 13 I .--,....~'_. ~ ,- ._-_._._-_._-_._~---_.-----~..__.~.~-.., .~_..._.,----.--'- ORDINANCE STATUS AGENDA ITEM: Ordinance waiving the 60-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; providing for severance; and providing for publication. FIRST READING: September 11, 2001 Passed: 8~ (Absent - John Longoria) FINAL READING: September 18, 2001 COMMENTS: (None) "-". - --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 "Wests ide 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 Wests ide 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 "Wests ide 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 "Wests ide Business Association Founders Plaza" be approved, t~< <f} t~?- Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Exhibits X . - \ M"ro;~ct \ counei/exnibits \ ext'l,] 151.d." NUECES BAY ~ I. PROJECT SITE AGNES-LAREDO UNDERPASS AT CROSSTOWN AGNES C.CJ.A. CORPUS CHRlsn BAY LOCATION MAP NOT TO SCALE ) . ........ ':ir~ ':~-: ..,'rf; . , , .,::..; ----- ~ N CIP PROJECT No. 3151 EXHIBIT "D" - CITY OF CORPUS CHRISTI, TEXAS 190 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE': 12/10/99 ~ -- - - - - AGNES - LAREDO PARKING LOT RENOVATIONS . ---r-- ( ( I COUNCIL POUCIES ! 6 due deliberation act in the best interest of all the citizens. Council Membel'll and the Mayor shall be referred to by title and/or title with surname. k. All remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. 1. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the petitions part on non-agenda City-related mattei'll. How- ever, such should be done in a factual, precise presentation and questiona of Council or staff are inappropriate. Loud, boisterous, profane, or obscene language or behavior 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- ness. These rules are not meant turestrain a citizen's first amendment rights. (Res. No. 21901, ~ 1, 3-22-94) 8. N....inr of City paru and recreational facilitie&. A formal policy for n.mi..g of parks aDd recreation facilities in the City of Corpus Cbri8ti is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Park and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates. B. SubdiuWon IJ.d;-"""" Park land r......;..sd through dedi- cation under the City's Platting Ordinance shaI1 be named by the Park aDd Recreation Advisory Cnmmittee. No for. mal action needs to be takeD by the City CounciL C. Nama ChaTllfe. The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be ctumged. However, under extreme circumstances Supp. No. 51 139 ~ "" ---, H CORPUS CHRISTI CODE the Park and Recreation Advisory Committee will consider the request. The naming of an unnamed new park or park facility is preferred and is recommended. The following definitive steps shall be taken regarding a proposed name change. (1) Persons. groups, or organizations desiring the name change shall fill out a request for name change and submit the propoeal to the sta1f of the Park and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Park and Recreation Advisory Committee. No action may be taken by the BoBrd for a minimum of 60 days after receipt of the proposal. (3) During the 6O-day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the propcllled name change. (4) Written comments are to be submitted to the Park ana Recreation Advisory Committee aDd interested indi- viduals are invited to come before the Board to address the iasue. (5) At the first meetinc. attc ~ ,jlQ-day.waiting. period, the Park and BecreatiaDMvi-YCnmmittee will take oDe of tJie t"o1lcnriDg .~~~: (a) Approve the request and refer the recommenda- tion to the CitY CoUncil; (b) Reject the niqu_ or (c) Table the request for future action or additional information. In the event the reqwllIt is rejected by the Board, the requesting entity may appeal the reject to the City Council. (6) The CounCil sba1I c:anslder the reqnest and either approve or reject the request. The Council, at its option, can waive all proviaiona herein provided in commemorating or mlllliariaJUiag an iDdMdual or act. If approved, the Park and Recreation Department Sapp. No. 51 140 r , " '-'T I COUNCIL POLICIES ~9 shall arrange suitable renaming ceremomes. Costs assOC1ated with renaming ceremonies and the provi- sions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Spec,ai Consuurations. In choosing names after individu- als, cons,deration may be given to persons living or dead. Special consideration sball be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one-year waiting period afier termination from public office or municipal employ- ment is considered adequate, Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighbor- hood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. (Rea. No. 21901, ~ 1, 3-22-94) 7. Naming of street&. The City Council hereby establishes a policy of declining to change the names of streets in the City of Corpus Christi except under unusual, extenuating cin:umstancelI. (Rea. No. 21901, ~ 1, 3-22-94) 8. N....i..g of City faciliti-. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. (Res. No_ 21901, ~ 1, 3-22-94) 9, CommUDity Development Block Grant F&U5&.al. Through the Community Development Block Grant Program, the City Council provides for the developmmt and JirelIerVation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention Supp. No. 51 141 VIa WESTSIDE BUSINESS ASSOCIATION / PO BOX 5485/ CORPUS CHRISTI, TEXAS 78405 August 8. 200 I 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 \\'B..'\ gencnut:d interest within its cCIlllnuruty i.!nd l!1emb".~ to:' re~'~ta!i7.~ the area of 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 . - F 'OM FRX NO. : Rug. 24 2000 08: 14RM P2 361-241-7913 p.3 i1nn. H. Flor-.~ Jul 19 01 12: 18p JUl-19-2001 ja:~3 f~; o o o T fC;J&l 2~' T31:i P.8IM t ,.Ie; ,(01 I J-.' l c--{ e--17 (0" 10~ JUIQUJ!ST PQR nm NAMING OF PAUli AND FACJU1'I!S PARK AND IU!CKEATlO>>I OEPAR'IMENT crrv OF CORPU~CHRJ511, 'IEXAS 1. Type, ol area or facilil1 (pMk, b1Il1dia.. pool, Ole.) PARK Z. LocatiaA ~~Qi:~T9TilJ &8.lfe~FI. "'3"A9-:" --d h..aralie \--" "-,:--. ~" . 3. SlIaaMCtNIUIe WEs'r;S'IDE BUS I~RSS AS.~.O~ F,~UNDE~, P.l.AY> 4. PIeae d_be why yvu feel tJIls _ 10 be appropriate: W'pqt:!':l..;np 'Rll~inl=lc:!l:t AQQn,...i;;t,t-".-"l'\ .fa f-'ht=!. :::r.,..f.~'1,..o. ....,..g.......;~ation or the COre of the businftl=lR community. p.qru::a("'i~'ly in Aanes/l..aredo corridor. Thp ""'j:l~ nnnpr thp r'-""!C:!I::"l"Iown , which consisted of a parking area was seen used by not onlY citizens of t:.he area hu-r. 'W'nrlrprc:! NnrinQ' t.ne day not only'as a lunch spot but a spOt to just sit under the shaoG and vis;r._ Tt W'iitR thrnntT.... ....hlCll ~'f'fort of the WBA that the improvements were accomplished bUt as a $... NUMuc! addres at perma maIdIIi rtq1III1: partnership of the City, RTA & TDOT. !'lame BETTY .T'F.J.lJ T.nJJ~n~Tll Adilrea P.C. RnY ~~~~ Cornus ~nri~~i. Ty 7A4nQ Ph~ 361- 289-1383 - 6, Do)'Oll'rcprcscnt u'OI'plIharioll'llritll're&peCl"IO'uu.. ~ v__ If ")'I"; "ll:iclnrpllizalioll Westside Bu~ine8~ AR~n("'li:=ill...inn 1 7_ Dale or 1IIis request "/1:J./~l ......,. . v FORurr;~VSI!om;y: Roit<tod- TIbW B(8(Of S('L'e(O( ~__A' DIll 0( t""~_.... Actica n.lIf ColIIIlI-AaiDa- l.cptNeli_, _~. I'lcIlic1tAwo_.QIIIl~T lnobel. - Nlic Notic:c. NoipbclrAaot ---.-- --- -.- -. ..-...... I 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 Crosstown Ex- pressway on State Highway 286 is hereby designated as the Wests ide 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, H ILEG.DlR\elilabelhIH.IZABETlEIIORDI ItXl\EhordllJ "pd _.~~.. - - -4. ," 14 - AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION DATE: Tuesday, September 18, 2001 TIME: During the meeting of the City Council beginning at 1 p.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Rex Kinnison calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Rex Kinnison, President Javier D. Colmenero, Vice President Brent Chesney Henry Garrett Bill Kelly John Longoria Samuel L. Neal Jr. Jesse Noyola Mark Scott 3. Approve Minutes of July 10, 2001. 4. Financial Report. Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Jorge Cruz-Aedo, Treasurer Michael Harty, Asst. Treasurer 5. Authorizing the Disposal of Lot 5, Block 1, Arcadia Subdivision to Del Mar College in consideration of Del Mar College building an Early Childhood Development Center and providing seNices to lower income families within the City of Corpus Christi. 6. Authorizing the General Manager to amend the CCCIC Rehabilitation Loan Handbook to allow homeowners who are receiving a demolition and replacement of their home in the Rehabilitation Program to elect to participate in the New Construction Homebuyer Program with the CCCIC as mortgagee. 7. Public Comment. 8. Adjournment. p--! r MEMORANDUM TO: President Rex Kinnison and Board Members of the Corpus Christi Community Improvement Corporation FROM: W. Thomas Utter, Assistant City Manager DATE: September 13, 2001 SUBJECT: Request for Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on September 18, 2001 I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of September 18, 2001 to consider the following: 1. Authorizing the Disposal of Lot 5, Block 1, Arcadia Subdivision to Del Mar College in consideration of Del Mar College building an Early Childhood Development Center and providing services to lower income families within the City of Corpus Christi. Del Mar College is proposing to build a large Early Childhood Development Center on land acquired by the college along and adjacent to Naples Street. The closing of the various streets and the sale of surplus park land to Del Mar is included in the City Council Agenda of September 25, 2001. The CCCIC owns a residential lot on Naples (Lot 5, Block 1, Arcadia Subdivision) which is the last privately-owned property needed by Del Mar. This property was originally acquired by the CCCIC to construct single family intill housing. However, since Del Mar is proposing to build the Childhood Development Center and this Center will principally serve low to moderately income children, I am recommending that the CCCIC dispose of the lot to Del Mar in support of the Childhood Development Center Project and to be used as a portion of the local share needed for the various grants that Del Mar is seeking from public and private sources. (The estimated value of this donation is approximately $15,000.) 2. Authorizing the General Manager to amend the CCCIC Rehabilitation Loan Handbook to allow homeowners who are receiving a demolition and replacement of their home in the Rehabilitation Program to elect to participate in the New Construction Homebuyer Program with the CCCIC as mortgagee. CCCIC has long had a demolition replacement loan program under our rehabilitation activity. This program is activated when it is found that . a home is not economically feasible to rehab. The program simply involves the demolition of the existing housing and construction of a new home on the same location. More recently, the CCCIC has undertaken a New Construction Homebuyer Program which has been very successful. Under this new program, income eligible individuals are provided up to $20,000 as a second lien which is self-amortizing. We would propose that as a replacement for the demolition and rehab program that individuals which are so eligible would become eligible for and directed to the New Construction Homebuyer Program and that the demolition and replacement program be dropped from our program portfolio as a stand alone program. Iv .~ llit- W. Thomas Utter Assistant City Manager . CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET JUNE 30, 2001 Loan Program Special Project HOME Program Fund Fund Fund Total ASSETS Cash and investments $960,974 $68,783 $204,745 $1,234,502 Due from U S Government 0 0 557,907 557,907 Mortgages receivable 10,662,008 0 5,426,505 16,088,513 Accrued interest receivable 368 4,983 0 5,351 Due from Seawall Trust Fund 0 37,039 0 37,039 Loan receivable 0 76,397 0 76,397 Leasehold improvements (net of accumulated amortization) 529,939 0 0 529,939 Investment in property (net of accumulated depreciation) 220,053 21,047 0 241,100 Total assets $12,373,342 $208,249 $6,189,157 $18,770,748 LIABILITIES AND FUND BALANCE' Liabilities: Accounts payable $366,390 $0 $608,025 $974,415 Bank note payable 459,214 0 0 459,214 Total liabilities 825,604 0 608,025 1,433,629 Fund Balance: Reserved for WDe project 182,368 0 0 182,368 Reserved for Kids in the Neighborhood 92,944 0 0 92,944 Reserved for HOME program 484,108 0 0 484,108 Reserved for mortgages 10,662,008 0 5,426,505 16,088,513 Reserved for Seawall loan 0 76,397 0 76,397 Unreserved 126,310 131,852 154,627 412,789 Total fund balance 11,547,738 208,249 5,581,132 17,337,119 Total liabilities and fund balance $12,373,342 $208,249 $6,189,157 $18,770,748 .._,.... . CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE ELEVEN MONTHS ENDED JUNE 30, 2001 Loan Program Special Project HOME Program Fund Fund Fund Total Revenues: Contribution from Federal Government $0 $0 $1,982,288 $1,982,288 Interest on loans 75,611 0 23,207 98,818 Interest on investments 28,295 5,261 785 34,341 Rental income 118,959 0 0 118,959 Miscellaneous 8,014 0 185 8,199 Total revenues 230,879 5,261 2,006,465 2,242,605 Expenditures: Grants 37,661 0 1,012,850 1,050,511 Warranty Work 27,767 0 0 27,767 Community Development administration 0 0 17,118 17,118 Loan processing 0 0 84,177 84,177 Accounting services 0 0 31,367 31,367 Interest expense 28,970 0 0 28,970 Miscellaneous 7,475 0 0 7,475 Accumulated amortization- forgivable loans 15,761 0 363,111 378,872 leasehold improvements 102,269 0 0 102,269 Accumulated depreciation - building 6,837 0 0 6,837 Total expenditures 226,740 0 1,508,623 1,735,363 Excess of revenues over expenditures 4,139 5,261 497,842 507,242 Other financing sources(uses): Operating transfers in(out): Transfer From Federal/State Grant Fund 300,330 0 0 300,330 Transfer to Federal/State Grant Fund (38,849) 0 0 (38,849) Total other financing sources(uses) 261,481 0 0 261,481 Excess (Deficit)of revenues and other financing sources over expenditures and other uses 265,620 5,261 497,842 768,723 Fund balances at August 1, 2000 11,282,118 202,988 5,083,290 16,568,396 Fund balances at June 30, 2001 $11,547,738 $208,249 $5,581,132 $17,337,119 ..----r---~ MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION JULY 10, 2001 6:27 P.M. PRESENT Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice President Brent Chesney Henry Garrett Bill Kelly John Longoria Samuel L. Neal Jr. Jesse Noyola Mark Scott Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Jorge Cruz-Aedo, Treasurer Mike Harty, Assistant Treasurer Vice President Kinnison called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Vice President Kinnison called for approval of the minutes of the March 20,2001 meeting. Mr. Longoria made a motion to approve the minutes, seconded by Mr. Colmenero, and passed unanimously. Discussion was opened on Item 4, appointment of new board members. Mr. Kinnison made a motion to appoint the three new members to the board (Brent Chesney, Bill Kelly and Jesse Noyola); seconded by Mr. Scott and passed unanimously. Vice President Kinnison opened discussion to Item 5, election of officers. A motion was made and seconded to re-elect the existing officers Rex Kinnison (President), Javier Colmenero (Vice President), W. Thomas Utter (General Manager), Armando Chapa (Secretary), Mary Juarez (Assistant Secretary), Jorge Cruz-Aedo (Treasurer)and Mike Harty (Asst. Treasurer) and passed unanimously. President Kinnison opened discussion to Item 6, financial report_ General Manager Utter said the corporation fund contains $18,614,972 as of May 31, 2001. President Kinnison opened discussion to Item 7, general manager's annual report. General Manager Utter explained that the CCCIC was a non-profit organization designed to assist the City with housing assistance. He reported the success in the assistance of 5,000 units and over $10 I million generated for assistance programs. President Kinnison opened discussion to Item 8, execution of an agreement with LULAC Village Park Apartments. General Manager Utter said LULAC Village Park Apartments is requesting $370,700 of HOME CHDO funding for replacement of existing 35-year old aluminum wiring with copper wiring in electrical panes and feeders to upgrade their electrical service. In response to Mr. Colmenero, Mr. Utter eXplained the problem of aluminum wiring when replacing with copper fixtures. Mr. Colmenero made a motion to approve Item 7 as follows, seconded by Mr. Longoria: 8. Authorizing the Execution of an Agreement with LULAC Village Park Apartments for a loan in the amount of $370,700 for replacement of existing aluminum wiring. The foregoing motion passed as follows: Kinnison, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Chesney, Neal and Scott absent. -',-----"1- CORPUS CHRISTI COMMUNITY IMPRVMNT. CORP. JULY 10,2001 PAGE 2 President Kinnison opened discussion to Item 9, execution of an agreement with the Nueces County Community Action Agency (NCCAA). General Manager Utter said the NCCAA is requesting $347,820 of HOME CHDO funds for the development of a planned subdivision. He added that the project would include the acquisition of5.86 acres of undeveloped land on Trey Way Lane that already receives City services to build thirty houses for low to moderate income families. Mr. Kinnison made a motion to approve Item 9 as follows, seconded by Mr. Colmenero: 9. Authorizing the Execution of an Agreement with the N ueces County Community Action Agency for a loan in the amount of $347,820 of HOME CHDO funds for development of a planned 30-lot subdivision. The foregoing motion passed as follows: Kinnison, Colmenero, Garrett, Longoria, Neal, and Noyola voting "Aye"; Chesney, Kelly and Scott absent. President Kinnison opened discussion to Item 10, execution of an agreement with Housing and Community Services, aka Lexington Manor Apartments. Secretary Chapa notified the board that Mr. Longoria had filed a conflict of interest affidavit and would abstain for voting. General Manager Utter said the Lexington Manor Apartments is requesting $300,000 of HOME CHDO funds for the replacement ofthe original underground hot and cold water lines. Mr. Neal made a motion to approve Item 10 as follows, seconded by Mr. Colmenero: 10. Authorizing the Execution of an Agreement with Housing and Community Services, Inc, (formerly Terra- Genesis (TG) 110, Inc.), aka Lexington Manor Apartments for a loan in the amount of $300,000 of HOME CHDO funds for replacement of underground hot and cold water lines. The foregoing motion passed as follows: Kinnison, Colmenero, Garrett, Kelly, Neal, and Noyola voting "Aye"; Longoria abstained; Chesney and Scott absent. President Kinnison opened discussion to Item II, amendment to the CCCI C Rehabilitation Loan Handbook. General Manager Utter stated the CCCIC had a rental rehabilitation program under HUD where loans were given to the CCCIC to loan apartment complexes for rehabilitation of units and the complex would keep the units at a very low income level. He said the program was stopped by HUD but has allowed for the repayments to be used in the CCCIC' s own program and would continue to circulate the funds locally. Mr. Garrett made a motion to approve Item II as follows, seconded by Mr. Noyola: II. Authorizing the General Manager to amend the CCCI C Rehabilitation Loan Handbook to continue the Rental Rehabilitation Program under current HUD regulations and amend the Program to provide loans at three percent interest. The foregoing motion passed as follows: Kinnison, Chesney, Garrett, Kelly, Longoria, Neal, and Noyola voting "Aye"; Colmenero and Scott absent. President Kinnison opened discussion to Item 12, amending the New Construction Homebuyer Program. General Manager Utter said staff recommends increasing the amortizable second lien from $15,000 to $20,000 to provide more assistance available only to those home buyers who are below 75% ofthe median income. He stated that funds would be provided on a sliding scale starting with an additional $1,000 at 75% and increasing to an additional $5,000 as income decreases. In response to Mr. Longoria, Mr. Utter said the qualifYing guidelines are set by federal requirements at maximum of 80% of the median income in this area. General Manager Utter said a presentation will go before the City Council in the future. Mr. Neal said this program is the closest thing to affordable housing and . ._-~----' T" CORPUS CHRISTI COMMUNITY IMPRVMNT. CORP. JULY 10,2001 PAGE 3 more people should be notified about it. Mr, Norbert Hart, Director of Housing and Community Development, said the program has qualified 40 homes in the last 18 months. Mr. Noyola said he hoped that more people become more aware of the program. Mr. Noyola made a motion to approve Item 12 as follows, seconded by Mr. Colmenero: 12. Authorizing the General Manager to amend the New Construction Homebuyer Program in the amount of $500,000 from HOME Program funds to increase the amortizable second lien from $15,000 to $20,000. The foregoing motion passed as follows: Kinnison, Chesney, Colmenero, Garrett, Kelly, Longoria, Neal, and Noyola voting "Aye"; Scott absent. President Kinnison opened discussion on Item 13, appointment of Loan Review Committee Members. A motion was made to reappoint Barry Lobell and appoint David Barganski, Dipak V, Desai, Shelley Z. Fairchild and Raul Torres to the CCCIC/Loan Review Committee, and passed unanimously (Kelly absent). President Kinnison called for comments from the audience. Rudy Cantu, Nueces County Community Action Agency, thanked the board for their efforts and explained the project approved would target 60% of the median income. He invited the board to attend the Housing Fair on July 21, 2001 at the Boys and Girls Club in cooperation with the CCCIC. Mr. Utter said notices would be sent to the board. Mr. Colmenero sugguested that the CCCIC notifY the community by sending news releases or doing public services announcements. There being no additional business, President Kinnison declared the meeting adjourned at 7:00 p.m. on July 10,2001. .._.~-'-".. '_."--r-"-' 15 '-.', -'---r- CITY COUNCIL AGENDA MEMORANDUM DATE: September 13, 2001 AGENDA ITEM: 1. Public hearing to consider vacating and abandoning the following street rights-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21, 1937), a. a 24,963.77-square foot irregular shaped area comprised of portions of Kosar, Florida, York, and South Staples Streets; b. a 3,656.43-square foot triangular area of the original Kosar Street right-of-way; c. a 35,415.47-square foot portion of Naples Street from Baldwin Boulevard to Kosar Street; d. a 3,479.01-square foot triangular area at the southwest side of York Street at its junction with Kosar Street; e. a 16,675.51-square foot portion of York Street from a point midway between its intersection with Kosar Street to the cul-de-sac at the north end of the street; and f. a 6,454.30-square foot portion of the south side of Baldwin Boulevard right-of-way from Naples Street to South Staples Street 2. Ordinance vacating and abandoning the following street rights-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21, 1937), a. a 24,963.77-square foot irregular shaped area comprised of portions of Kosar, Florida, York, and South Staples Streets; b. a 3,656.43-square foot triangular area of the original Kosar Street right-of-way; c. a 35,415.47-square foot portion of Naples Street from Baldwin Boulevard to Kosar Street; d. a 3,479.01-square foot triangular area at the southwest side of York Street at its junction with Kosar Street; e. a 16,675.51-square foot portion of York Street from a point midway between its intersection with Kosar Street to the cul-de-sac at the north end of the street; and f. a 6,454.30-square foot portion of the south side of Baldwin Boulevard right-of-way from Naples Street to South Staples Street Page 1 of2 T J' 3. Ordinance authorizing the City Manager, or his designee, to execute Special Warranty Deeds necessary for the sale of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to Section 272.001 U) of the Local Government Code in consideration of the property being used for public education purposes and the sum of $17,722.04 with covenant to maintain the premises and retain the necessary utility easements. 4. Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Del Mar College, for the right to construct, maintain, and remove an entrance sign on the southeast corner of City-owned Block 2, Arcadia Subdivision, which is occupied by the Arcadia Lift Station; and waiving the Use Privilege Agreement fee of $500.00 in consideration for the college maintaining grounds and landscaping outside lift station perimeter fence perpetually; and requiring Del Mar College to comply with specified conditions. Items 2 and 3 above require Owners, City of Corpus Christi and Del Mar College; to comply with all specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: The City of Corpus Christi is initiating the abandonment and vacation of original portions of Kosar, Florida, and South Staples Street to establish the current physical street alignment. Del Mar College is requesting the abandonment and vacation of portions of Naples Street, York Street, and Baldwin Boulevard to accommodate the construction of a new Child Care facility. Del Mar College is requesting the approval to construct, maintain, and remove a campus entrance sign within City property at the intersection of Kosar Street and South Staples Street. REQUIRED COUNCIL ACTION: City Charter requires a public hearing prior to the abandonment and vacation of any portion of street right-of-way, and requires the approval of City Council to vacate and abandon the street rights-of-way and to sell City property. City Charter also requires City Council approval of Use Privilege Agreements for the use of City owned land. RECOMMENDATION: Staff recommends approval of the ordinances on an emergency basis, ~~ tdt-Angel R. Escobar, P.E. Director of Engineering Services Cf /13/0 ( , Attachment: Exhibit A - Background Information Exhibit B - Location Map and Metes and Bounds Exhibit C - Ordinances Page 2 of2 ~.'.._H'. ...' AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Reasons for the Proposed Actions. The continuation of modernization and expansion by Del Mar College at its main campus calls for a major project to build a new 24,500 square-feet Center for Early Leaming (Child Care Center) in newly acquired residential property bounded by Baldwin Boulevard, South Staples, Kosar, and Naples Streets. The facility will provide services for residents of the area and for Del Mar College students. The facility will include lecture areas for parents, two infant rooms, three toddler rooms, five pre-school rooms, one classroom for school age children six to twelve years, and common areas including a multi-purpose room and parent resources room, health room, laundry facilities, a kitchen to prepare meals for 180 students, and separate playground areas for children in various age groups. The playgrounds will be separated from the vehicular traffic at Baldwin/South Staples by an 8-foot high masonry/concrete fence. Del Mar plans to begin construction of the Child Care Center in mid-October 2001. The College, through its authorized representative, Mr. Joe Alaniz, Vice-President for Business. and their engineering consultant, Urban Engineering, has requested the abandonment of certain parcels of land, primarily various street rights-of-way and a small undeveloped City park for the purpose of siting the proposed Center for Early Learning. City staff has recognized the opportunity to assist Del Mar College reach their objective by: 1, Initiating the abandonment and vacation of irregular areas which represent portions of the original, but since changed, right-of-way alignments of Kosar Street, Florida Street, and Staples Street. The irregular configuration of City properties contain both currently used as well as unused streets rights-of-ways created by the original Arcadia Subdivision plat in 1937 and modified by purchase of residential lots in 1988 to establish the current physical street alignment; 2. Considering their request for abandonment and vacation of various street rights-of-way to accommodate the foot-print of their proposed new building and parking lots; 3. Considering their request for the sale of the Arcadia Subdivision Park sites as permitted by the Local Code, Section 272.001 Ul as part of the City's Sale of Park Land sites; and EXHIBIT A Page 1 of? '---r--~ r 4. Considering execution of a Use Privilege Agreement with Del Mar College to install an entrance sign on city-owned property presently occupied by the Arcadia Lift Station in consideration for the perpetual maintenance and upkeep by Del Mar of the property and screening landscaping to be installed by Del Mar at City expense. Platting History at the City-owned Properties and Rights-at-ways. The original Arcadia Subdivision (recorded in Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21 ,1937) is the plat of record for the affected area. Changes to the Kosar Street and Florida Street alignments were made by the purchase of two individual residential lots, i.e., Lot 2, Block 6 by Ordinance 20282 (July 19, 1988), and Lot 1, Block 6 by Ordinance 20534 (November 29, 1988), in fee simple with Capital Improvement Funds. This allowed the City to acquire additional right-of-way to reconfigure the street alignment to reestablish Kosar Street (currently in place) from South Staples to Naples Street. The realignment was necessary to provide a safer traffic flow through residential neighborhood streets for students attending Del Mar College, The original existing right-of-way was not abandoned and vacated when the new alignment of the street was established. Public Heari~~er Vacating and Abandoning at Various Streets Rights-at-way. Article X, Sec (a)(11) of the Code of Ordinances, City of Corpus Christi, requires a public hearing prior to closing of a public street or streets. The public hearing is scheduled as the first order of business in the presentation of Del Mar's requests for City Council approval. Vacating and Abandoning Streets Rights-at-way. The vacation and abandonment of street rights-of-way proposed to be accomplished to conform to the realigned Kosar Street based on its present configuration, to facilitate construction of the new Center of Early Learning, and to facilitate the re-platting of the site by Del Mar and the City of Corpus Christi are explained below. The fair market value estimated by City staff is presented. Utility easements for active public and franchised utility lines will be retained and identified on the replat. Fair market values of streets proposed to be abandoned and vacated have been determined based on comparable sales analyses, discounted for the retention of easements, size, and configuration adjustments. Exhibit B shows the location of the sites (2A, 2B, 2C, 2D, and 2F) proposed for vacation and abandonment. 1. Original Portions of Kosar, Florida, and South Staples Streets (Sites 2A and 2B on Exhibit B)....(lnitiated by City at Corpus Christi) Area 2A. a. Irregular shaped area of 24 963 77 square feet. The City's Arcadia Lift Station is located in area 2A. b, Since the action is initiated by the City and the property will remain the City's, no fair market value is assessed. EXHIBIT A Page 2 of? ,._, II .." Area 2B. a. Triangular area of 3.656 43 square feet. b. Upon abandonment and vacation, this area becomes part of Lot 1, Block 3, Arcadia Subdivision which is proposed to be sold to Del Mar. The fair market value of $1 151 78 was derived by multiplying the area of 3 65643 square feet times the estimated land value of $1.05 per square foot less a discount of 70% for non- economic unit (size), easement retainage, configuration, and platting. 2. Naples Street (Site 2C on Exhibit B)....(lnitiated by Del Mar College) Area 2C. a. Comprised of a 35415.47- square foot portion of Naples Street from Baldwin Boulevard to Kosar Street. b. The fair market value of $531232 was derived by multiplying the area of 35 415 47 square feet times the estimated land value of $0.75 per square foot less a discount of 80% for easement retainage, configuration, and platting. 3. York Street (Sites 2D and 2E on Exhibit B)....(lnititated by Del Mar College) Area 2D. a. Triangular area of 3.479,01 square feet at the southwest side of York Street at its junction with Kosar Street. b. The fair market value of $1 09589 was derived by multiplying the area of 3 479 01 square feet times the estimated land value of $1.05 per square foot less a discount of 70% for non-economic unit (size), easement retainage, configuration, and platting. Area 2E. a. Full width street right-of-way area of 16675 51 square feet of York Street from a point midway between its intersection with Kosar Street to the cul-de-sac at the north end of the street. b. The fair market value of $7795.80 was derived by multiplying the area of 16,675.51 square feet times the estimated land value of $0.85 per square foot less a discount of 45% for easement retainage, configuration, and platting. EXHIBIT A Page 3 of7 ---.... - 4. Baldwin Boulevard (Site 2F on Exhibit B)....(lnitiated by Delmar College) Area 2F. a. Comprised of a 6 454 30-square foot strip of Baldwin Boulevard right-of-way (south side) from Naples Street to South Staples Street. b. The fair market value of $3 049 66 was derived by multiplying the area of 645430 square feet times the estimated land value of $1.05 per square foot less a discount of 55% for non-economic unit (size), configuration, and platting. Sale of Park land to Del Mar. The Arcadia Subdivision Park land in the vicinity of Del Mar College was approved for sale in the November 2000 Voter Referendum and was included in the public hearing held during the August 21, 2001 Council Meeting to satisfy the requirements of the Texas Parks and Wildlife Code, Section 26.001 and 26.002. Representatives of Del Mar College have expressed an interest in having the undeveloped park land conveyed to them in order to site the proposed Center for Early learning. As permitted by the local Government Code, Section 272.0010), the City may sell the park site directly to Del Mar College without the bidding process. Subsection 0) stipulates that: "A political subdivision may donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property to an institution of higher education, as that term is defined by Section 61.003, Education Code, to promote a public purpose related to higher education." The Ordinance being presented for Council consideration will authorize the City Manager, or his designee to execute Special Warranty Deeds necessary for the sale of: 1. lot 1, Block 1, Arcadia Subdivision (Tract 3A on the attached Exhibit B) a. Lot size is 17.12227 square feet. b. The fair market value of $1018775 was derived by multiplying the area of 17 122 27 square feet times the estimated land value of $0.85 per square foot less a discount of 30% for easement retainage and platting, 2. Lot 1, Block 3, Arcadia Subdivision (Tract 3B on the attached Exhibit B). a. Lot size is 11 329 76 square feet. b. The fair market value of $753429 was derived by multiplying the area of 11 329.76 square feet times the estimated land value of $0.95 per square foot less a discount EXHIBIT A Page 4 of 7 ~._'~ . of 30% for easement retainage and platting. Summary of Fair Market Value (monies required from Del Mar) to be Assessed for the Abandonment and Vacation of Streets Rights-of-ways and Sale of Lots. Estimated Site No. (Shown on Market Exhibit B) Identification Area in S.F. Value (5) Abandon and Vacate 2B Kosar, Florida & Staples 3,656.43 1,151.78 2C Naples Street 35,415.47 5,312.32 20 York Street (triangular area) 3,479.01 1,095.89 2E York Street 16,675.51 7,795.80 2F Baldwin Boulevard 6,454.30 3,049,66 Sale.of Park Lots 3A Lot 1, Block 1, Arcadia Subd. 17,122.27 10,187.75 3B Lot 1, Block 3, Arcadia Subd. 11 329 76 7 534.29 Totals 94,132.76 36,127.49 Use Privilege Agreement for Placement of Entrance Sign on City Pro~ Del Mar College has requested authorization to construct, maintain, and remove a campus entrance sign at the southeast corner of City-owned Block 2, Arcadia Subdivision (Shown as Site 4 on Exhibit B). The sign would be located on the north side of Kosar Street at its intersection with South Staples Street. Use of City-owned property for this purpose requires City Council approval. The ordinance will authorize the City Manager, or his designee, to execute a Use Privilege Agreement with Del Mar College, for the right to construct, maintain, and remove the entrance sign in consideration that Del Mar perpetually mow, trim, and maintain the grounds and landscaped area outside the lift station perimeter fence at the college's expense. Del Mar College has not designed the sign, therefore, certain assumptions have been made by City Staff to arrive at an applicable Use Privilege Agreement fee. The allowable footprint area and the heighth of the sign, by Code, is 30 square feet and 6 feet, respectively, It is assumed that the sign will be lighted, requiring electrical conduit and wiring feed, and that appropriate landscaping will be included, A one time fee of $500.00 has been established. However, this fee is proposed to be waived in consideration of the college maintaining the premises and promoting a public purpose related to higher education. EXHIBIT A Page 5 of 7 ----I . Therefore, in addition to the normal standard conditions, the Use Privilege Agreement will contain the following conditions: 1. That Del Mar College mow, trim, and maintain the grounds and landscaped area of Block 2, Arcadia Subdivision (lift station site) outside the lift station perimeter fence in perpetuity at their expense; 2. That the sign to be constructed, maintained, and removed conform in size and appearance to that permitted by code for an institution of higher education; and 3. That the recommended one time Use Privilege Agreement fee of $500.00 be waived by the City in consideration for Del Mar's agreement to Condition 1 above, Other Specified Conditions. 1. Payment of fair market value for the public street rights-of-way abandonment and vacation estimated by City staff: a. Kosar, Florida, and Staples Streets (Site 2B) - $ 1,151.78 for 3,656.43-square foot triangular street right-of-way. b. Naples Street (Site 2C) - $ 5,312,32 for 35,415.47- square foot portion of street. c. York Street (Site 2D) - $1 ,095.89 for 3,479.01-square foot triangular street right-of- way. d. York Street (Site 2E) - $ 7,795.80 for 16,675.51-square foot street right-of-way. e. Baldwin Boulevard (Site 2F) - $ 3,049.66 for 6,454.30-square foot portion of street. 2. Execution of Special Warranty Deeds and payment of estimated market value for sale of two City-owned lots to Del Mar College: a. Lot 1, Block 1, Arcadia Subdivision (Site 3A) - $10,187.75 for 17,122.27- square foot lot. b. Lot 1, Block 3, Arcadia Subdivision (Site 3B) - $ 7,534.29 for 11,329.76- square foot lot. 3. Retention of utility easements as applicable (easements identified for the replat). 4. Relocation of any public or franchised utilities shall be at Owner's expense. 5. Owners must replat properties within 180 day in compliance with requirements of the Platting Ordinance. Coordination with Public and Franchised Utilities and Concurrence of Owners. All public and franchised utilities were contacted. All the utilities companies have requested that EXHIBIT A Page 6 of7 . the 50-foot right-of-way of Naples Street between Baldwin Boulevard to Kosar Street be retained as a utility easement. The Storm Water Department requested that a 10-foot wide drainage easement be dedicated on Lot 11, Block 1, Arcadia Subdivision. The Gas Department presently has a 2-inch gas line within the York Street right-of-way and is requesting a 10-foot wide utility easement to be centered over the existing gas line. Both the City of Corpus Christi and Del Mar College, as owners of their respective affected properties, concur with the conditions of easement retention. The replat of properties will accommodate the requirements. EXHIBIT A Page? of? T w ~ I I I _.....1 ~ w Q: >- 1Il 1Il w --' Q. <( Z 2F PROPOSED CLOSURES 2A ~KOSAR. FlORIDA AND SOUTH STAPLES STREETS ~(CnY Of CORPUS CHRISTl) - 24,983.77 sa.n. 28 m;a KOSAR STRW (DEI. ""') - 3.....43 SQ.FT. 2C ~NAPLES STREET (DEl MAR) - 35,415.47 SO.FT. 2D ~YORK STREET (DEL MAR) - 3,479.01 SQ.FT. 2E ~YORK STREET (DEL MAR) - lUi75.51 sa.FT. 2F ES EtALDWIN BOULlVARD (DEL lU.R) - 6,4M.3D SO.FT. \..01. ft !You .. ~(v-4RD \9" \9" \9" SALE DF CITY PARKS 3A lOT " BlOCK " ARCADIA SUBD. - 17,122.27 SQ.FT 38 lOT 1. BlOCK 3, ARCADIA SUBD. - 11,329.76 so.n USE PRIVILEGE AGREEMENT 4 PROPOSED SITE OF DEL MAR COlLEGE ENTRANCE SIGN \9'" ~' ~ So. '1- 1oP1. ,0 , .,s>1-, , .rfo ~ w Q: >- \9' " 1Il '" Q: 0 >- \9' " ~~3A ~ ~ ~ \J'I \ ..--) ..-- ~ \ ~ 4 ~ "..., ""\.' \ \ ~' \ \ / \ / \ / \ / \ / \ \ \ " " \!> I I f---- I I I SiRt.t.i ....OSr>-R ,..1-' · \9' " ,..1-.' \9'" w w Q: >- 1Il '" Q: o >- ...... \.01, ... \9"'/ LOCATION MAP VACATION AND ABANDONMENT OF STREETS, AND USE PRIVILEGE AGREEMENT DEL MAR COLLEGE AREA (EAST CAMPUS) . EXHIBIT B SEPTEMBER 13. 2001 PAGE 1 OF 8 . u: URBAN ENGINEERING Job No. 25800.A100 September 13. 200\ (361)854-3101 PO. BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 MAP PARCEL 2A FAX (361)854-6001 State of Texas County ofNueces Fieldnotes for a 2~.963.77 square foot tract oflandout of Lot 1. Block 6. Arcadia Subdivision. a map of which is recorded in Volume 6. Pages 53 thru 55, Map Records of Nueces County, Texas and portions of Florida Street and Kosar Street as previously dedicated to the City of Corpus Christi per plat of Arcadia Subdivision, a map of which is recorded in Volume 6, Pages 53 thru 55, Map Records of Nueces County. Texas: said tract being more fully described as follows: Commencing at a point on the existing easterly boundary of York Avenue for the common front corner of Lot 2 and Lot 3. Block 6, Arcadia Subdivision. a map of which is recorded in Volume 6, Pages 53 thru 55, Map Records of Nueces County. Texas for the southwest corner of this tract Thence, North 28015.13" East with the northerly projection of the east boundary of said York Avenue. a distance of 259.7\ feet for the Point of Beginning of this tract: Thence. North 28033' 38" East. with the westerly boundary of this tract same being the easterly boundary of York Street. 76.70 feet for the northwest corner of this tract and for the beginnmg of a circular curve to the left whose radius point bears South 6 {026'22" East 35.00 feet and having a central angle of 112029'~", a radius of 35.00 feet. a tangent length of 52.38 feet and an arc length of 68. 72 feet; Thence. with said circular curve to the left, same being the southerly boundary of Lot I. Block I, Arcadia Subdivision. a map of which is recorded in Volume 7. Page 10, Map Records of Nueces County, Texas and the northerly boundary of this tract. an arc length of 68. 72 feet for the point of tangency: Thence. South 83056'10" East, continuing with the southerly boundary of said Lot 1. Block I, same being the northerly boundary of this tract. 13 8. 66 feet for the point of curvature of a circular curve to the left whose radius point bears North 06003'50" East 30.00 feel and having a central angle of 88020'~7". a radius of30.00 feet, a tangent length of 29.15 feet and an arc length of 46.23 feet: Thence. with said circular curve to the left. continuing with the southerly boundary of said Lot 1. Block 1. same being the northerly boundary of this tract. an arc length of 46.23 feet to the existing westerly boundary of South Staples Street for the northeast comer of this tract and for the begiIming of a circular curve to the left whose radius point bears South 82016'57" East 1303.57 feet and ha\ing a ccntral angle of 4048'33". a radius of 1303.57 feet. a tangent length of 54. 74 feet and an arc length of 109.41 feet to a point: Thence, with said circular curve to the left. same being the westerly boundary of said South Staples Street and the easterly boundary of this tract, an arc length of 109.41 feet for the point of tangency and for the beginning of a circular curve to the left whose radius point bears North 87"05'30" West 32.00 feet and having a central angle of 86050'40", a radius of 32.00 feet. a tangcnt length of 30.28 feet and an arc length of 48.50 feet: Thence. with said circular curve to the left. with the northerly boundary of said Block 2. same being the easterly boundary of this tract. an arc length of 48.50 feet for the point of tangency: Thence. North 83056'10" West. with the northerly boundary of said Block 2, same being the easterly boundary of this tract. 57.91 feet for the point of curvature of a circular curve to the left whose radius point bears South 06003'50" West 30.00 feet and having a central angle of 92046'0 I". a radius of 30.00 feel. a tangent length of 31.48 feet and an arc length of ~8.57 feet 2725 SWANTNER DR. . CORPUS CHRISTi. TEXAS 78404 mail@urbaneng.com Page2of8 1 I Job No. 25800.AI00 Septcmber 13,2001 Thence. with said circular curvc to the left. same beiug the easterly boundary of this tract, an arc leugth of ~8.57 feet for the point of tangency and for the point of curvature of a circular curvc to the left whosc radius point bears South 860~2'11" East 1~23.57 feet and having a ccntral anglc of 02036'~3", a radius of 1~23.57 fcet, a tangent length of 32A5 feet and an arc length of 64.90 feet: Thence, with said circular curve to thc left. same being the westerly boundary of said Block 2 and thc easterly boundary of this tracl an arc length of 64.90 feet for southeast corner of this tract: Thence, North 88015'21" West, with the southerly boundary of this tracl105.82 feet for the point of curvature ofa circular curve to the right which has a central angle of82015'25". a radius of 15.00 feel a tangent length of 1~.30 feet and an arc length of 22.8~ feet; Thence. with said circular curve to the right, with the westerly boundary this trdcl an arc length of 22.8~ feet for the point of tangency; Thence, North 00059'56'. West, with the west boundary of this tract. ~2.81 fcct for the point of curvattrre of a circular curve to the right which has a central angle of 290833'35"', a radius of 150.00 feel a tangent distance of39.58 feet and an arc length of 77.39 feet; TIlence. with said circular curvc to thc right, an arc length of 77.39 fect the Point of BegilUling and containing 24.963.77 squarc fect of land Bearings based on the westerly boundary of Block I. Arcadia Subdivision, same being the easterly boundary of Naplcs Streel as monumented on the ground and shown as North 28020.00"' East on the recorded plat of Arcadia Subdivision, a map of which is recorded in Volume 6. Page 53 Ihm 55 and Volume 7. Page 10, Map Records of Nueces County, Texas. URBAN ENGINEERING 11"'N\ ~. )~~ JT.IIN7:~,i\ZAA, KP.L.S License No. ,~<)09 Page 3 ,'f8 1" u: URBAN ENGINEERING Job No. 25800.AlOO September 13, 2001 (361)854-3101 P.O. BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 State of Texas County ofNueces MAP PARCEL 28 Fieldnotes for a 3,656.43 square loot tract of land out of portions of Florida Street and K\lsaf Street.as previously dedicated to the City of Corpus Christi per plat of Arcadia Subdivision, a map ufwhich is recorded in Volume 6. Pages 53 lhm 55. Map Records ofNueces County, Texas; said tract being more fully described as follows: Commencing at a point on the east boundary of Florida Street for the northwest comer of Lot 2, Block 3 and the southwest comer of Lot L Block 3, Arcadia Subdivision, a map of which is recorded in Volume 6. Pages 53 tbru 55. Map Records ofNueces County, Texas; Thence. with a circular to the right, same being the east boundary of Florida Street and said curve having a central angle of 01 "2S'54", a radius of 1423.57 teet. a tangent distance of 18.41 feet, an arc lengtb 01'36.81 feet and a chord bearing of North 54~45'54" East 36.81 feet: Thence, with said circular cunlc to the right, an arc length 006.81 feet tor the Point of Beginning of this tract and tor the beginning o1'a circular curve to the right whose radius point bears North 8Y50'21" East 1423.57 feet and having a central angle of Y09'41", a radius of 1423.57 feet. a tangent length 01'39.28 feet and an arc length 01'78.55 teeL Thence, with said circular curve to the right with the northerly projection of the easterly boundary ofFlorirJa Avenue, same being the westerly boundary of this tract an arc length of 78.55 feet tor the point of tangency and tor the point of curvature of a circular curve to the right v....hose radius point bears North 87000'02" East 20.00 teet and having a central angle 01'94 '4..nr. a radius of 20.00 feet. a tangent length of 21. 73 teet and an arc length of 33.07 feet: tangency: Thence. with said circular curve to the right. same being the \....esterly boundary of this tract an arc length 003.07 feet for point of Thence. South 88"15'21" East, with the northerly boundary of this tract an arc length 01'73.03 feet for the point of curvature of a circular curve to the right whose radius point bears South 01044'39"' West 15.00 feet and hu\'ing a central angle of85"01':17". a radius oft 5.00 feet a tangent di:;tance of 13.75 feet and an arc length 01'22.26 teet tangency: Thence. with said circular l;urve to the right, same being the northerly boundary oithis tract an arc length of 22.26 feet to the point of Thence, North 86':46'16" East continuing with the northerly boundary of this tract 12.00 feet [0 a point on the west boundary of South Staples Street for the northeast comer of this tract and for the beginning o1'a circular curve to the left \vhose radius point bears Nnrth S6~46'16" East 1303.57 teet and having a central angle 01'01 ~'25'1 0". a radius of 1303.57 feet, a tangent dj~tance of 16.15 teet and an arc length of 32.30 feet Thence, with said circular curYe to the lelt. with the \\"cslerly boundary of said South Staples Street. same being the easterly boundary of this tract an arc length of 32.30 feet for the southeast corner of this tract and the bellmnillll: ofa circular curve to the left whose radius point ~ South 85~'2I'06" We;t 35.00 feel and having a central angle of 115~07'34". a radius ;f35 00 teet. a tangent length of55.07 teet and an arc length 01'70..13 feet Thence, with said circular curve to the len. same being the northerly boundary of Lot I. Block 3. said Arcadia Subdivision and the southerly boundary of this tract, an arc length 01'70.33 feet for the point aftangency: Thence, South 60'-'13'31" West. with the northerly boundary of Lot I, Block 3, said Arcadia Subdivision and the southerly boundary of this tract 38.20 feet t{)r the point of curvature ofa circular CUf\'C to the left whose radius point bears South 29' 46'29" East 61.50 teet and having a central angle 01'66':'23'10". a radius of61.50 teet, a tangent length of 40.23 feet and an arc length of71.26 feet Thence, with said circular curve to the left. with the northerly boundary of said Lot L Block 3. same being the southerly boundary of this tract an arc length of71.26 feet to the easterly bounda!,!' of said Florida A\-enue and to the Point of Beginning' and containing 3.656.43 square feet ofland. Bearings based on the westerly boundary of Block I, Arcadia Subdivision, same being the easterly boundary of Naples Street, as monumented on the ground and shown as North 28020'00" East on the recorded plat of Arcadia Subdivision.. a map of which is recorded in Volume 6.. Page 53 thru 55 and Volume 7, Page 10.. Map Records ofNue<:es County. Texas. tT A'i ENGI(liERI,] JU N 1. SALJ1~ RPL~4V\ License No. 4909 2725 SWANTNER DR. . CORPUS CHRISTI, TEXAS 78404 moil@urboneng.com , . - llIE URBAN ENGINEERING Job No 25800.A 100 S~ptember 13, 200l (361 )854-310 I P.O. BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 MAP PARCEL 2C FAX (361)854-6001 State of Texas COlmty ofNueccs Fieldnotes tor a 35.415.47 square toot Imct ofland out of portion of 50.00 foot \\ide Naples Street, as previously dedicated to the City of Corpus Christi per plat of Arcadia Subdivision, a map of\\hich is recorded in Volume 6, Pages 53 thru 55, Map Records ofNueces COlurty. Texas; said tract being more fully described as follows: Beginning at a bent l/2 inch iron found on the existing easterly houndat)' of Naples Street, Satne being the westerly boundat)' of Block I, Arcadia Subdivision, a map of which is recorded in Volume 7, Page 10, Map Records ofNueces County, Texas lor the northwest comer of Lot 7 and the southwest comer of Lot 6, Block 1, Arcadia Subdivision, a map of which is recorded in Volume 7, Page 10, Map Records of Nueces County, Texas: Thence, South 28020'00' West, \\ith the common houndat)' of said Naples Street and Block I, Arcadia Subdivision, a map of \\itich is recorded in Volume 6, Pages 53 thru 54, Map Records of I County, Texas and in Volume 7, Page 10, Map Records ofNueces County, Texas, same being the easterly houndat)' of this Imct, a distance of 616.80 feet to a 5/8 inch iron rod \\ith red plastic cap stamped "URBAN ENGR C.c. TX" set for the point of curvature of a circular cm-ve to the left "'nose radius point bears South 611)40'00" East 35.000 feet and having a central angle of 49053'28", a radius of 35.00 feet, a tangent length of 16.28 feet and an arc length of 30.48 feet; Thence, with said circular curve to the left., continuing \\ith the easterly boundary of said Naples Street and of this tract, an arc length of 30.48 feet for the southeast comer oftills tract Thence, North 67036'50.' Wes~ \\ith the southerly boundatv oflhis tract, 12.52 feet to the westerly boundat)' of said Naples Slreet, tor a comer of this tract; Thence, North 61040'00" West, continuing \\ith the southerly holmdat)' oflhis trac~ 50.00 teet to the westerly houndat)' of said Naples Stree~ sante being the easterly homldary of Lot I, Block 1, Del Mar College East Catnpus, a map of which is recorded in Volume 53, Page 103, Map Records ofNueces County~ Texas for the southwest corner of this tract: Thence, North 28020'00" East, with tlte easterlv holmdatv of Lot L Block 1, Del Mar College East Catnpus, same being the westerly boundary of said Naples Street and of this tmet. 697J~5 lec:t for the point of i;urvature of a circular curve to the left whose radius point bears North 61040nO" West I 0.00 feet and having a central angle of 90003'00", a radius of I 0.00 lee~ a tangent length of IO.Ql I.."'t and an arc length of 15.72 leet; Thence, with said circular curve to the left continuing \\-ith the easterly bOlmdary of Lot 1, Block 1, Del Mar College East Campus., same being the westerly boundary of said Naples Street and of this tract, an arc length of 15.72 fect to the existing southerly bOlmdarv of Bald\\1n Boulevard., for the northwest corner of tl>.is tract: Thence, South 61043'00" Ea....t, \\ith l..lJe castaly projection of said southerly boundar~/ of Baldwin Boulevard, same being the northl..'rly boundary of this tract, 9.66 feet tor a corner of this trace Thence, South 56'39'54" East, continuing \\ith the easterly projection of said southerly houndat)' of Baldwin Boulevard, same being the northerly houndat)' oflhis tract, 50.54 feet to the intersection of said existing southerly houndat)' of Baldwin Boulevard "ith the atorementioned easterly boundary of Naples Street tor the northeast comer of this trdct; Thence, South 28020'00" West, \\;th the common houndaty of said Naples Street and Lot 6, Block I, Arcadia Subdivision, a map of which is recorded in Volume 7, Page 10, Map Records ofNueces County, Texas, same being the easterly boundat)' of this Imct, at 9.08 Icet pass a lound II, inch iron pipe, in all a total distance of 58.58 leet to the Point of Beginning and contaiuing 35,415.47 square teet of land. Bearings based on the westerly boundary of Block 1, Arcadia Subdivision, same bt.-ing the easterly bOlmdary of Naples Street, as rnonumented on the ground and shown as North 28020'00" East on the recorded plat of Arcadia Subdivision, a map of which is recorded in Volume 6, Page 53 thru 55 and Volume 7, Page 10, Map Records of Nueces County, Texas. \f.~ ENIERING ~A~~ License No. 4909 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com Y' llIE URBAN ENGINEERING Job No. 25800.A100 September 13,2001 State of Texas County ofNueces PO BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 MAP PARCEL 2D FAX (361)854-6001 (361)854-310 1 Fieldnotes for a 3.479.01 square foot tract of land out of portion of 50.00 tout wide York Avenue, as previously dedicated to the City of Corpus Christi per plat of Arcadia SubdivisIOn, a map ofwmeh is recorded in Volume 6, Pages 53 thru 55, Map Records ofNueces County., Texas~ said tract ~ing more fully described as follows: Commencing at a point on the existing easterly bOlmdary of York Avenue for the common front comer of Lot 2 and Lot 3, Block 6, Arcadia Subdivision, a map ofwmch is recorded in Volume 6, Pages 53 thru 55, Map Records ofNueces County, Texas; Thence, North 28"15'13" East, with the northerly projection of said York Avenue, 112.32 teet and thence North 88" 15'21" West 13.23 feet for the Point of Beginning and for the southeast comer oflhis tract; Thence, North 88015'21' West, with the southerly boundary of this tract, 56.04 feet to the westerly boundary of said York A venue for the southwest comer of this tract and for the beginning of a circular curve to the left whose radius point bears North 29"57'59" West 75.00 feet and having a central angle of31 "28'23", a radius of75.00 feet, a tangent length of 21.13 feet and an arc length of 41.20 feet; Thence., with said circulnr curve to the left, same being the \vesterly boundary of said Yark Avenue and of this tract., an arc length of 41.20 leet for the point of tangency; Thence, North 28033'38" East, with the easterly houndary of Lots 14 to 12, Block I, said Arcadia Subdivision, SaIne being the westerly boundary of said York Avenue and of this tract, 139.48 feet for most northerly comer of this tract and the beginning of a circular curve to the left whose radius point bears South 61026'22" West 200.00 feet and having a central angle 01'29033'55", a radius of 200.00 fcet, a tangent length of 52.77 teet and an arc length of 103.18 feel; Thence., with said circular curve to the left, continuing with Said easterly bOlmdary of this tract, an arc length of 103.18 feet for the point oftangency; '[bence, South 00059'56" East, with the east houndary of this trac~ 38.98 feet for the point of tangency and for the point of curvarure of a circular curve to the right which has a central angle of 92044 '35", a radius of 15.00, a tangent of 15.74 feet and an arc length of24.~8 feet Thence, vvith said circular curve to thc right, an arc length of 2,U8 feet to the Point of Beginning and conlaining 3A79.01 square feet ofland Bearings based on the westerly boundary of Block 1. Arcadia Subdi"ision, same being the easterly boundary of Naples Street, as monumenied on the ground and sho\.\iTI as North 18020'(Xr East on the recorded plat of Arcadia Subdi\ision. 3 map of which is recorded in Volume 6, Page 53 thru 55 and Volume 7, Page 10, Map Records ofNueces County, Texas. ii~O:NGINEjNG $1 SAL~AR' R~ License No. 4909 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com Page 6 of8 . - - llIE URBAN ENGINEERING Job No. 25800.A100 September 13.2001 (361)854-3101 P.O. BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-600 I MAP PARCEL 2E State of Texas County of Nueces fieldnotes for a 16,675.51 square foot tract ofland oul of ponion of 50.00 foot wide York Avenue, as previously dedicated to the City of Corpus Cluisti per plat of Arcadia Subdivision, a map ofwbich is rccorded in Volume 6, Pages 53 thru 55, Map Records of Nueces County, Texas; said tract being more fully described as follows: Commencing at a point on the existing easterly boundary of York A venue for the common front comer of Lot 2 and Lol 3, Block 6, Arcadia Subdivision. a map of which is recorded in Volume 6, Pages 53 thru 55, Map Records of Nueces County, Texas: Thence, North 28015'13" East, with the northerly projection of said York Ayenue, a distancc of259.71 feel and thence North 28033 '38" East 61.92 feel for the Point of Beginning and for the southeast comer of Ibis trac!: Thence, North 60031 '00" West, crossing said York Street. 50.01 feet to the west boundary of York Street for the southwest comer of this tract; Thence, Nonh 28033'38" East, \\ith the easterly boundary of LoIs 11 to 8, Block 1. said Arcadia Subdivision, same being the \',eslerly boundary of said York Avenue and of this tract. 394.03 feet for the poinl of curvature of a circular curve to the left whose radius point bears North 61026'22" West 25.70 feet and haying a central angle of 450()4'07", a radius of 25. 70 feet, a tangent length of 10.66 feet and an arc length of 20.22 feet: Thence, With said circular curve to the left, continuing with said westerly boundary of said York Ayenue, an arc length of 20.22 fcct for the poinl of tangency and for the point of curvature of a circular curvc to the right whose radius point bears North 73029'31" East 46.09 feet and having a central angle of 270008'15", a radius of 46.09 feet and an arc length of 217.29 feet: Thence, with said circular cun'e 10 the right, with said nonherly boundary of said York Avenue. an arc length of 217.29 fecI for tlte point of tangency and for the poinl of curvature of a circular curve to tlte left whose radius point bears South 16022'15" East 25.70 feet and having a central angle of 45004'07", a radius of 25.70 feet. a tangent length of 10.66 feet and an arc length of 20.22 feet; Tltence, with said circular curve to the left. with the easterly boundary of said York Avenue, an arc iength of 2022 feel for Ihe point of tangency: TIlenec, South 28033'38" West. \\ith thc westerly boundary of Lots t thru 3, Block 1, said Arcadia Subdivision. same being the easterly boundary of said York Avenue and oUbis tract. 192.63 feel to the Point of Beginning and containing 16,675.51 square feet of land Bearings based on the westerly boundary of Block I, Arcadia Subdivision, same being the easterly boundary of Naples Street, as monumented on the ground and shown as North 28020 '00" East on the recorded plat of Arcadia Subdivision. a map of which is recorded in Volume 6. Page 53 tbm 55 and Volumc 7, Page 10, Map Rccords of Nucces County, Texas. Ult~,.~GtyEEJG JUl7;~'~ RP1s~P-1 License No. 4909 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com Page 7 ofS T" llIE URBAN ENGINEERING Job No. 25800.A I 00 September 13. lOOl (361 )854-310 I PO BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 MAP PARCEL 2F FAX (361)854-6001 Slate of Texas County of Nueces Fieldnotes for a 6,454.308 square loot tract ofland out of fhat portion of Baldwin Boulevard which was acquired by the City of Corpus Christi in 1966 and being adjacent to Lots 3 thru 6, Block 1, Arcadia Subdi,ision a map of which is recorded in Volume 7, Page 10, Map Records ofNueces COWIty, Texas; said tract being more fully described as follows: Beginning at a 1/2 inch iron pipe found at the intersection of the existing southerly houndat)' of Baldmn Boulevard mth the existing easterly houndat)' of Naples Stree~ a 50 loot mde public roadway, for the southwest comer and Point of Beginning of lhis tract, from which comer a bent 518 inch iron rod tound on said easterly houndat)' of Naples Street for the southwest comer of Lot 6, Block 1, said Arcadia Subdivision and the northwest comet of Lot 7, Block 1, said Arcadia Subdivision, bears South 28020'00" Wes~ \\ith said easterly houndat)' of Naples Street, a distance of 49.50 reet: Thence, North 28020'00" East, mth the northerly ex1ension of the existing easterly houndat)' of Naples Street, 9.08 feet for the northwest comer of this tract Thence, South 56018'38" East, with the northerly bowulary of this tract, 25.79 feet for the point of curvature of a circular curve to the right whose radius point bears South 33041'22" West 400.000 feel and having a central angle of 32032'44", a radius of 400.00 feet, a tangent length of 116.76 t<.>et and an arc length of227.21 feet: Thence, \\ith said circular curve to the righ~ an arc length of 227.21 feet for the point of tangency; Thence, South 23045'55" East, continuing \\ith the northerly houndat)' oflhis tract, 43.93 feet for the point of curvature ofa circular curve to the right whose radius point bears South 66014'05" West 200.00 feet and having a central angle 01'36038'54", a radius of 200.00 feet, a tangent length 01'66.24 feet and an arc length of 127.93 feet: Thence, mth said circular curve to the righ~ continuing \\ith the northerly houndat)' of this tract, an arc length of 127.93 feet for the point of tangency, Thence, South 12052'59" Wes~ continuing \\ith the northerlv houndatv of this tract, 25.27 feet to a 5/8 inch iron rod \\ith red plastic cap stamped "URBAN ENGR c.c. TIC set on the existing westerly boWldary of South Staples Street tor the southeast comer or this tract and lor the begilUlmg of a circular curve to the left whose radius point bears North 77007'01" West 214.89 feet and having a central angle of 45058'00", a radius of2l4.89 fee~ a tangent length 01'91.14 feet and an arc length of 172.40 1ee~ ThL't1Ce, WIth said circular curve to the left, along the exi~1ing southerl:v boWldary of Baldwin Boulevard.. same being 1.hc southerly boundary oflhis trac~ an arc length of 172.40 teet to a 5/8 inch iron rod \\ith red plastic cap stamped "URBAN ENGR C.c. TiC sd on said existing southerly boWldary of Baldwin Boulevard tOr the point of tangency; Thence, North 33005'01" Wes~ continuing along the existing southerly houndatv of Baldwin Boulevatd, same being the southerly houndat)' oflhis trac~ 73.74 teet to a 1/2 inch iron pipe found at the intersection of the common lot line of Lots 5 and 6, said Block 1, Arcadia Subdivision \\ith said existing southerly bOlUldary of Bald\\1n Boulevard tor the point of curvature of a circular curve to the left \\hose radius point bears South 56054'59" West 649.82 feet and having a central angle of 16037'44", a radius of649.82 fee~ a tangent length of 94.97 feet and an arc length of 188.60 feet; Thence, with said circular curve to the right, continuing along the existing southerly houndat)' of Baldwin Boulevard, same being the southerly boundary of this tract, an arc length of 188.60 feet to the Point of Beginning and containing 6,454.308 sqUate feel of land. Bearings based on the westerly houndary of Block I, Arcadia Subdivision, SaIne being the easterly boundat)' of Naples Street, as monwnented on the groWld and shomI as North 28~O'OO" East on the recorded plat of Arcadia Subdivision, a map of which is recorded in Volume 6, Page 53 thru 55 and Volume 7, Page 10, Map Records of Nueces Countv, Texas. URn~:mEE.J~ JUl:;. SALAZ[, RP.L.S. License No. 4909 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com Page 8 01'8 "-'T I' ,.,._"~---, -" Page 1 ot 3 AN ORDINANCE ABANDONING AND VACATING PORTIONS OF KOSAR, FLORIDA, NAPLES, YORK, AND SOUTH STAPLES STREETS AND BALDWIN BOULEVARD STREET RIGHT-OF-WAY WITHIN THE ORIGINAL ARCADIA SUBDIVISION (VOLUME 6, PAGES 53-55, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, APRIL 21, 1937) AND LOCATED WITHIN OR ABUTTING THE CAMPUS OF DEL MAR COLLEGE, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER, DEL MAR COLLEGE, REPLATTING THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there are portions ot Kosar, Florida, Naples, York, and South Staples Streets and Baldwin Boulevard Street Right-ot-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, otthe Map Records ot Nueces County, Texas, April 21 ,1937) and located within or abutting the Campus ot Del Mar College, that the owner, Del Mar College ("Owner"), wishes to have abandoned and vacated; and WHEREAS, there are no public ortranchised utilities in these portions ot street right-ot-way or the utilities will be relocated at Owner's expense; and WHEREAS, in accordance with subdivision (11) ot subsection (a) ot Section 1 ot Article X ot the City Charter, a public hearing was held by the City Council after notice by publication and by mail to the last known address ot all property owners within tour hundred fifty teet ot the portions of the street right-ot-way proposed to be abandoned and vacated; and WHEREAS, it has been determined that It is feasible and advantageous to the City ot Corpus Christi to abandon and vacate this street right-ot-way tor all purposes, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, That the portions ot street right-ot-way described in the attached Exhibit "A"and shown on the map in the attached Exhibit "B", within the original Arcadia Subdivision (Volume 6, Pages 53-55, ot the Map Records ot Nueces County, Texas, April 21, 1937), are abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part ot the closure: SPECIFIED CONDITIONS AS PART OF ABANDONING AND VACATING: 1) Owner must pay fair market value for the public street rights-of-way abandoned and H:\LEG-OIR\Jeannie\DeIMarS2. wpd '----r-----r- -. Page 2 of 3 vacated, as estimated by City staff: a, Kosar, Florida, and Staples Streets (Site 2B) - $ 1,151,78 for 3,656.43- square foot triangular street right-of-way, b, Naples Street (Site 2C) - $ 5,312.32 for 35,415.47- square foot portion of street. c. York Street (Site 20) - $ 1,095.89 for 3,479.01-square foot triangular street right-of-way. d. York Street (Site 2E) - $.7,795.80 for 16,675.51-square foot street right-of- way. e. Baldwin Boulevard (Site 2F) - $ 3,049,66 for 6,454,30-square foot portion of street. 2) Utility easements as required by the City must be specified in the replat of the property , 3) Any public or franchised utilities shall be relocated at Owner's expense, 4) Owner must replat the affected properties within 180 day in compliance with requirements of the Platting Ordinance; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension, SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 18th day of September, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L Neal, Jr., Mayor Legal Form Approved September 13, 2001 James R. Bray Jr. City Attorney By: ~M . #JOo e , Curtis I 'Senior Assistant City Attorney H:\LEG-DIRIJeannieIDeIMarS2. wpd T --.-----r- -" ~.~._,.-.,- Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SPECIAL WARRANTY DEEDS NECESSARY FOR THE CONVEYANCE OF LOT 1, BLOCK 1, AND LOT 1, BLOCK 3, ARCADIA SUBDIVISION TO DEL MAR COLLEGE PURSUANT TO SECTION 272.001 (j) OF THE LOCAL GOVERNMENT CODE IN CONSIDERA nON OF THE PROPERTY BEING USED FOR PUBLIC HIGHER EDUCATION PURPOSES AND PAYMENT OF THE SUM OF $17 ,722.0' WITH COVENANT TO MAINTAIN THE PREMISES; REQUIRING RETAINAGE OF THE NECESSARY UTILITY EASEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute special warranty deeds necessaryforthe conveyance of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to section 272,001 G) of the Local Government Code in consideration of the property being used for public higher education purposes and payment of the sum of $17,722,00 with covenant to maintain the premises; and the deeds shall reserve the necessary utility easements, A copy of each of the deeds is on file with the City Secretary. 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 18th day of September, 2001, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved September 14,2001 James R. Bray, Jr. City Attorney By: .~~ A rDOyie , Curtis Senior Assistant City Attorney H:\LEG-DIR\Jeannie\DeIMarD1. wpd '1" Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH DEL MAR COLLEGE FOR THE RIGHT TO CONSTRUCT, INSTALL, MAINTAIN AND REMOVE AN ENTRANCE SIGN ON THE SOUTHEAST CORNER OF CITY-OWNED BLOCK 2, ARCADIA SUBDIVISION, WHICH 15 OCCUPIED BY THE ARCADIA LIFT STATION; AND WAIVING THE USE PRIVILEGE AGREEMENT FEE OF $500.00 IN CONSIDERATION OF THE COLLEGE MAINTAINING GROUNDS AND LANDSCAPING OUTSIDE LIFT STATION PERIMETER FENCE PERPETUALLY; AND REQUIRING DEL MAR COLLEGE TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a Use Privilege Agreement with Del Mar College ("Permittee") for the right to construct, install, maintain and remove an Entrance Sign on the Southeast Corner of City-owned Block 2, Arcadia Subdivision, which is occupied by the Arcadia Lift Station; and waiving the Use Privilege Agreement Fee of $500.00 in consideration of the College maintaining Grounds and Landscaping outside Lift Station perimeter fence perpetually. A copy of the Use Privilege Agreement is on file with the City Secretary, 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 necessaryforthe 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 18th day of September, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor H:\lEG.OIR\Jeannie\DeIMarS1.wpd 1 .. "_...._~"._---'" Page 2 of 3 Legal form approved September 13, 2001 James R. Bray, Jr. City Attorney By: ~~~ /"Doy;e D, Curtis Senior Assistant City Attorney C:IWlNDOWSITEMPIDeIMarS 1.wpd ..--.-w -,..- 16 1 I INTEROFFICE MEMORANDUM FROM: HONORABLE MA YOR AND COUNCIL :\1EMBERS MICHAEL N. GUNNING, DIRECTOR OF PLANNING./'I/I)/t:.. TO: SUBJECT: ZONING CASE NO. 0801-02, lRME'S SKIN CARE CLINIC DATE: SEPTEMBER 14,2001 On September 13, 2001, Planning staff met with the applicant, 115, Irma Ornelas, and the propeny owner, Mr. Richard Whitt, to discuss a possible compromise on the requested "B-1" Neighborhood Business District, Although the applicant and owner prefer the "B-1" District, they are agreeable to a "B-1A" Neighborhood Business District with a Special Permit deleting the required masonry screening 'I'V"a!l, A "B-1A" District would permit the applicant the requested uses and signage. A Special Permit that would eliminate the required masonry 'I'V"a!l could be approved, Therefore, staff recommends denial of the "B-1" Neighborhood Business District and in lieu thereof, approval of a "B-1A" Neighborhood Business District with a Special Permit to replace the required masonry 'I'V"a!l with a three-foot wide landscaped that contains 5-gallon oleanders every five (5) feet on center, H\PIN-DIR\SHARED\ WORD\ZONING\0801.021RME'S SKl:'! CARE alNICDOC T' 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 from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Sunnyside Strip, Lot 10 and northeast half of Lot II, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. Plannine Commission's Recommendation (08/01/01 ): Approved. Staff's Recommendation: Denied. ReQnested Council Action: Approval of the "B-1" Neighborhood Business District and adoption of the attached ordinance. Puroose of Reauest: To allow retail sales of skin care products and jewelry and increased signage. Summarv: The applicant requested a change of zoning from an "AB" Professional Office District to a "B-1" 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 of a "B-1" 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-1" 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 from an "R-IB" One-family Dwelling District to a "B-1" District. In August 2000, a "B-IA" 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-1" 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 atea 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 10 survive without additional signage and retail sales. The applicant has considered the option of a Special Permil for retail sales but they will continue to be restricted by the "AB" 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 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::W square foot freestanding sign in lieu of a wall sign that all tenants could potentially use. ADolicant's Position: The applicant concurs with Planning Commission's recommendation. The Planning Commission vote in favor of the "B-1" District was unanimous. Notification: Prior to the date of this memorandum, twenty-four (24) notices were mailed 10 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. ,Mid,,/ ;11. )4/!tW",,:, Michael N, Gunning, AICP Director of Planning Agenda Memorandum Case No. 0801-02 (Irme's Skin Care Clinic) Page 2 MGIMSler Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance Pages Pages Pages Pages H,IPLN-DIR\ERMA I WORDIAGENDM EMI080 I-02AGENDAM EMO. DOC T 3-11 12-16 17-18 19-20 CITY COUNCIL ZONING REPORT Case No.: 0801-02 Planning Commission Hearin!! Date: August 1,2001 Map No.: 91-5 (I16C) Applicant: Irme's Skin Care Clinic Le!!al DescriptionfLocation: Sunnyside Strip, Lot 10 and northeast half of Lot II, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive, Area of Request: 0,389 acre (16,942 square feet) Lot(s) Area: Same as above, Current Zonin!!: "AB" Professional Office District Request: "B-1" Neighborhood Business District Current Use of Property: Office and skin care business, Purpose of Request: To expand and to allow retail sales of skin care products and jewelry, Zoning Change Requested Due to Notice of Violation: Not applicable, Adiacent Zonin!!: North, Soulh - "AB" Professional Office District East, West - "R-IB" One-family Dwelling District Adiacent Land Use: North, South - Dental offices. East - Single-family residences, West - (across Everhart Road) Private school and center. ~ T Zoning Report Case No. 0801-02 (lrme's Skin Care Clinic) Page 2 Number of Residential Units Allowed; "AB" - 14 units (36.30 dwelling units per acre) "B-1" - 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 feel of gross floor area = 124 average weekday vehicle trip ends, Adiacent Streets/Classification: a) Everhart Road - arterial. Ri!!:ht-of-Wav Desi!!:n Current: a) 80-foot right-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. Zonin!!: Historv of Propertv: There has been no rezoning activily within the past five (5) years, Recent Surroundin!! Zonin!! 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 "1-2" District, and in lieu thereof, was granted a Special Permit for a resistor plant. In Seplember 1998, Lot 1, Block 32, Pope Place 5, located on the northwest comer ofHany Streel and Everhart Road, northwest from Ihe subject property, the Planning Commission denied a change of zoning from an "R-1B" District to an "R-2" District. In November 1998, the applicant withdrew the request, 1- T" ZOfilng Report Case No. 0801-02 (Irmes Skin Care Clinic, Page 3 Zoninll: Inventorv: The subject property is part of a 7.r -acre Iract ofland zoned an "AB" District that is developed with a mixture of offices and beauty shops. To the easl, there are 2,496 acres ofland zoned an "R-IB" District and developed with single-family residences, West of the subject property, there is a 3.08- acre Iract of land that is zoned an "R-IB" District and developed with a private school and community center. South of the subject properly, there are 89 acres of land zoned a "B-4" District Ihat are developed with mixture of restaurants, offices, retail stores, and a manufacturing facility with a Special Permit. There are three (3) tracts ofland that are zoned a "B-1" District of which one tract contains 0.39 acre and developed with lift 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 Planninll: Staff Analvsis: . General Characleristics and Background: The applicanl requested a change of zoning from an "AB" Professional Office DistricI to a "B-1" 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 Ihe storage of merchandise or retail sales and allows only one (1) 20 square foot wall sign, The subj ect property is located among a series oflots 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 residenlial street, and backs up to an established residential area. Approval of a "B-1" on the subject property would set a precedent for rezoning similarly located "AB" properties wilhin 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-1" District. In August 2000, a "B-1A" 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-1" District but were granted an "AB" District with a Special Permit for a consignment slore. 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 constanl 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 withoul 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 "B-1" 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 anolher wall sign that exceeds one square .s- ~ 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 freeslanding 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-1" District due to its direct access to an arterial wilhout traversing a residenlial area, The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office uses, The requested "B-1" District not consistent with the Plan's recommended land use. . Potential Housing Densilv: Both the "AB" and "B-1" District permit a residential density of36.30 dwelling units per acre or 14 units on the subject property, Approval of the "B-1" District will not affect the residential density of the area, . Heicl1t/Bulk/SetbackslEtc.: Both the "AB" and "B-1" 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 Ihe "B-1" District unless adjacent to a residential district. If adjacent to a residenlial distriCI, a setback of ten (10) feet is required along that residential adjacency. Buildings in the "AB" and "B-1" Districts are limited to a height of three (3) stories with the "AB" District allowing 45 feet and the "B-1" District allowing 35 feet. . Signage: Signs in the "AB" DistricI 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 twenly (20) square feet in lieu of the wall sign may be permitted. The "B-1" Dislrict permits unlimited wall signs and one freestanding sign with an area of forty (40) square feet and a heighl of twenty (20) feet. . Traffic: Approval of the requesled "B-1" Dislrict will allow retail establishments as well as fast-food restaurants that will increase the amount of traffic in Ihe area. However, Ihe subject property does have direct access 10 an arterial that is designed to cany large volumes of traffic. The potential increase in traffic may not impact the street system, but it will affect the adjacent uses, especially Ihe 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 10 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 induslrial use locates adj acent to a residential district. A standard screening fence will be required along the east property line. 6 . Zoning Repon Case No. 0801-02 (Irme's Skin Care Clinic) Page 5 . Costs to City: All of the infrastructure require to service the subject property is in place and no costs 10 the City are anticipaled, . Platting: The subject property contains a platted lot and a portion of a lot and further replatting is nol required, Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial without traversing a residential area, b) The area between S, Staples Street and S. Alameda Street has been transitioning to retail uses, Cons: (Ideas in support ofmainlaining the current zoning,) a) The existing "AB" District is more consistent with the Southeast Area Development Plan's adopted future land use map. b) The enclave where the subject property is situated has remained constant as professional office uses, c) Approval of a "B-1" District will domino onto the adjacent tracts. Staff Recommendation: Denied, Attachments: Zoning and Ownership Map Ownership List H,IPLN-DlR\ERMA \ WORDIZON RPTS\080 l-D2CCREPORT.DOC 7 --I T , 8-4 ~). <",- C'''' '1~ ~'\ 1-" >l' 4 00 EVERHART TERRACE SEVEN-HUNDRED EVERHART TERRACE A8 C'~ti. q;~ ,......\Sl~ "'''b. i;.~ o 'll U' I.R.C. B-4/SP /98-02 SOUTH STAPLES CENTER El-4 . E x Property Owner in Favor Property Owner Opposed See Comments on Page(s) 12,-/(, ~ t:::::::::::::: Aug 9. 2001 - RP o 100 200 300 ~I I I CASE Z0801-02 m:i CD Owners within 200 feet listed on attached ownership list ~r p f1t-d(S) '1-; . Subject property --1 r OWNERSHIP LIST Case No. 0801-02 Applicant: Irme's Skin Care Clinic c/o Irma Ornelas 745 Everhart Road, Ste. B 78411 1 2 3 Z0801-02 160300010010 PEREZ JOSE G ET UX Z0801-02 160300010020 Z0801-02 160300010030 ROSALINDA 0 GARCIA JUAN MANUEL ET UX ROSAS JESUS E ET UX 738 SAM 734 SAM 730 SAM CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CLAREMONT PLACE L T I BK I CLAREMONT PLACE L T 2 BK I CLAREMONT PL LT 3 BK I 4 5 6 Z0801-02 160300010040 Z0801-02 160300010050 Z0801-02 160300010060 SERRA TO JOSE ET L:X MARTr.\ COY D JIMENEZ ANDREA 726 SAM 722 SA:.l STREET 3905 LA TONIA CT CORPUS CHRISTI TX 78412 CORPl'S CHRISTI TX 78412 BAKERSFIELD CA 93313 CLAREMONT PLACE L4 BKl CLARE:.IONT PLACE LT 5 BK 1 CLAREMONT PLACE LT 6 BK I 7 8 9 Z0801-02 160300010070 Z0801-02 160300010080 Z0801-02 160300010090 SHROYER FRED ALVIN GONZALEZ MANUEL EDUARDO E WO HOSSON 714 SAM LAURA 7861 ETIENNE CORPUS CHRISTI TX 78412 710 SAl\>! CORPUS CHRISTI TX 78414 CLAREMONT PLACE L T 7 BK I CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 9 BK I CLAREMONT PL L 8 B I BK I 10 12 Z0801-02 160300020010 11 LEAL JACOB AND Z0801-02 160300020020 Z0801-02 160300020030 MICHELLE DENISE GONZALES KNESEK FRANK HORM ROBT P 729 SAM STREET 725 SAl\>! 721 SAM CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CLAREMONT PLACE L T I BK 2 CLARE;.,.IONT PLACE L T 2 BK 2 CLAREMONT PLACE LT 3 BK 2 13 14 15 Z080 1-02 160300020040 Z0801-02 160300020050 Z0801-02 160300020060 RAMIREZ HILARIO F HARTLEY CAROL L HUFFSTUTLER CHARLES R 717 SAM 713 SAM ST 709 SAM CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CLAREMONT PLACE L T 4 BK 2 CLAREMONT PLACE L T 5 BK 2 CLAREMONT PLACE L T 6 BK 2 17 18 16 Z0801-02 628000010040 Z0801-02 628000010050 Z0801-02 628000010030 STAPLES SERGI LP JEWISH COMMUNITY COUNCIL CITY OF CORPUS CHRISTI 1800 BERING SUITE 495 750 EVERHART RD PAISLEY TRACT L T B-2 BLK I HOUSTON TX 77057 CORPUS CHRISTI TEXAS PAISLEY TRACT L T D BK I PAISLEY TRACT L T E BK I ti , T Ownershtp List Case No. 0801-02 (Inne's Skin Care Clinic) Page 2 19 20801-02 789700000010 ANTHO:-'Y DONALD R DR 737 EVERHART CORPL'S CHRISTl TX 78411 737 EVERHART CONDOMINIUMS UNIT I & 20.8% INTEREST IN GEN. COMMO); ELEMENTS, OUT OF SUNNYSIDE STRIP L T 7 A, 8A & 9 22 20801-02 856200000130 CAREY RALPH H 29 HEWIT DR CORPCS CHRlSTl TX 78404 SUNNYSIDE STRIP LT 13 24C 20801-02 789600000060 CATALYST 700 EVERHART TERRACE, STE CORPL'S CHRlSTl TX 78411 SEVE); HUNDRED EVERHART TERRACE UNIT F-I & 3.0224 PERCEYT !NT IN GCE STE I 24C 20801-02 789600000047 JOHNSON ALlCE KING ESTILL 4022 LOWMAN STREET CORPL'S CHRISTI TX 78411 SEVE:>: HUNDRED EVERHART TERR.-\.CE UNIT D-2 & 3.9528 PERCE:>:T INT IN GCE STE 2 24C 20801-02 789600000075 YOllli'G WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVE" HUNDRED EVERHART TERRACE UNIT G-2 & 5.1292 PERCENT !NT IN GCE 24C 20801-02 789600000090 YOllli'G WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPCS CHRISTl TX 78411 SEVEN HUNDRED EVERHART TERR.-\.CE UNIT J-l & 5.3633 PERCENT !NT IN GCE . 20 20801-02 856200000060 MC NEIL MICHAEL TR CRISTEN L&MICHELLE M CARE 525 DODDRIDGE CORPUS CHRISTI TX 78411 SUNNYSIDE STRIP LT 6A 22 20801-02 856200000140 CAREY RALPH H 29 HEWJT DR CORPUS CHRISTI TX 78404 SUNNYSIDE STRIP LT 14A 24C 20801-02 789600000040 JOHNSON ALlCE KING ESTlLL 4022 LOWMAN STREET CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT D-I & 4.901 PERCENT !NT IN GCE 24C 20801-02 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 20801-02 789600000080 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPUS CHRlSTJ TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT H-I & 9.3932 PERCENT !NT IN GCE 24C 20801-02 789600000095 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT J-2 & 3.5558 PERCENT INT IN GCE 21 20801-02 856200000120 BOSS FAMILY PARTNERSHIP L 13722 THREE FATHOMS BANK CORPL'S CHRISTl TX 78418 SUN};YSIDE STRIP SWI2 OF LT II & ALL LT 12 23 20801-02 856200000145 GARZA DlONICIO JR ETUX ESPERAN2A GARZA 817 EVERHART CORPUS CHRlSTI TX 78411 SUNNYSIDE STRIP LTS 14-B & 15 24C 20801-02 789600000045 JOHNSON ALICE KING ESTILL 4022 LOWMAN STREET CORPUS CHRlSTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT D-2 & 2,2046 PERCENT !NT IN GCE STE I 24C 20801-02 789600000070 YOlJ):G WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPL'S CHRISTI TX 78411 SEVE); HUNDRED EVERHART TERRACE UNIT G-I & 4.4654 PERCENT INT IN GCE 24C 20801-02 789600000085 YOUNG WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4639 CORONA DR CORPUS CHRlSTl TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT H-2 & 9.3932 PERCENT !NT IN GCE 24C 20801-02 789600000055 YOlJ):G WOMEN'S CHRISTIAN A OF CORPUS CHRISTl 4601 CORONA CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE UNIT E-2 & 3.7217 PERCENT INT IN GCE 10 Ownershtp List Case No. 0801-02 (lrme's Skin Care Climc I Page 3 24C 20801-02 789600000065 COBB RALPH AND W A "" c A LUNDQUIST JR 700 E\"ERHART TERRACE CORPl"S CHRISTI TX 78411 SEVE); HUNDRED EVERHART TERRACE UNIT F-I & 3.5498 PERCE);T INT IN GCE, SUITE 2 24C 20801-02 789600000020 TIMM JOHN T 700 E\cRHART STE B-ll CORPCS CHRISTI TX 78411 SEVE); HUNDRED EVERHART TERRACE UNIT B-1 & 5.1855 PERCE);T \NT IN GCE 24C 20801-02 789600000050 DEWAR ALEC TRUST #2 ET AL CiO :-'ITRUST CORP N.A. PO BOX 900 CORPCS CHRISTI TX 78403 SEVE); HUNDRED EVERHART TERR..\CE UNIT E-I & 1.4430 PERCE),T']' \NT IN GeE STE I SP 20801-02 856200000100 WHITI RICHARD POBOX 6068 CORPCS CHRISTI TX 78466 SUW-;YSIDE STRIP LT 10 & NE/2 OF LT II . 24C 20801-02 789600000010 BOY SCOUTS OF AMERICA, GULF COAST COUNCIL POBOX 6850 CORPUS CHRISTI TX 78466 SEVEN HUNDRED EVERHART TERRACE UNIT A-I & 11.4970 PERCENT \NT IN GCE 24C 20801-02 789600000030 WEST JOSEPHINE LIMITED 31 LAKE SHORE CORPUS CHRISTI TX 78413 SEVEN HUNDRED EVERHART TERRACE 62 PERCENT UNDIV INT IN UNIT C-l & 5.3781 PERCENT INT r.-IGCE 24C 20801-02 789600000053 DEW AR ALEC TRUST #2 ET AL CIO MTRUST N.A. PO BOX 900 CORPUS CHRISTI TX 78403 SEVEN HUNDRED EVERHART TERRACE UNIT E-l & 1.9023 PERCENT \NT IN GCE STE 2 20801-02 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI l.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 24C 20801-02 789600000015 BOY SCOUTS OF AMERICA, GULF COAST COUNCIL POBOX 6850 CORPUS CHRISTI TX 78466 SEVE:-l HUNDRED EVERHART TERRACE UNIT A-2 & 11.4970 PERCENT \NT IN GCE 24C 20801-02 789600000035 FERRELL THOMAS E 720 EVERHART CORPUS CHRISTI TX 78411 SEVEN HUNDRED EVERHART TERRACE 38 PERCENT UNDIV \NT IN lJ)"T C-I & 5.3781 PERCENT !NT IN GCE 25 20801-02 TEXAS DEPT. OF TRANSPORTATION 1701 S, PADRE ISLAND DR, CORPVS CHRISTI, TEXAS 78416 II COMMENTS RECENED FROM NOTICES MAILED Case No. 0801-02 Inne's Skin Care Clinic . - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices relumed from within the 200-foot notification area: Favor: 21) Art Boss, D.D.S. (Boss Family Partnership), 801 Everhart No written comment. 24C) Ralph Cobb, 700 Everhart, Ste. F-Il No written comment. 24C) Thomas E. Ferrell, Ferrell/Brown & Associates, Inc" 720 Everhart, Ste. C-ll No written comment. Opposition: II) Mrs. Frank Knesek, 725 Sam See attached letter. 18) Corpus Christi Jewish Community Council, 750 Everhart See attached letter. 19) Gary N. Blum, D.D.S., 737 Everhart Road See attached letter. II. Responses received from outside the 200-foot notification area: Favor: None, Oooosition: None, III. Responses received from owners/applicants of subject area: Favor: . Richard Whitt, P, 0, Box 6068, (Subject Property Owner) No written comment. Opoosition; None. H:\PLN.DIR \ERMA \ WORD\COM M DATA \080 I.02COMM ENTS. DOC /1- . v....<::~'~,"".. ~.._,_~....~. .. -.,.,', . 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I r CORPUS CHRISTI JEW][SH COMMUNITY COUNCIL 750 EVERHART RD. CORPUS CHRISTI, TX 78411 (361) 855-6239 FAX 853-9040 EXECUTIVE DIRECTOR Barry A Abels July 24, 200 I AFFIUATED WITH Combined Jewish Appeal of Corpus Christi Cily Planning Commission P,O. Box 9277 Corpus Chrisli, Texas 78469-9277 United Way of the Coastal Bend Dear Commissioners; Jewish Community Centers Association I am writing 10 your with concern regarding the Zoning Application, Case #0801-02 Irme's Skincare Clinic al 745 Everhart. In all due respect to her, we oppose the zoning change. The Jewish Community Council has been located allhis 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 lhis issue before rezoning this area. Sincerely, ~Abels Executive Director R''1:"',>'''''''-'~~''I-D -~ -. -'_ 'r'._ "i '1. ':f~_ ;; '''"'''_;''Oi';.;:..-<Io+'~ .,'. ~... JUL 3 0 2001 C:T"! 0;: copp~s GHRISTI PL~.;;;;HJG MJD DEVELOr1i1ENT J.Ai'I~lt~l (/g) /s- --, l' Gary N, Blum, D.D.S" M,S, ~~ (,. ~"~-t;'A 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 professional 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 parenls and children who attend the J.C.C. Preschool, during after school activities and during Ihe J.C.C. Summer Camp program. A beauty shop can very easily carry oul its normal business activities under the designation of "Professional Offices". No chanae in zonina is necessary. warranted nor desirable. Yo r cooperation in this matter is appreciated. cerely, ---- - r ary N. Blum, D.D.S., M.S. Manager, 737 Everhart Road Condominium Association RECEiVED AUG 0 2 2001 CITY OF CORPUS CHRISTI PLANNING AND DEVELOPMENT 0'1) ~,j. . IftJ . Planning Commission Minutes August 1, 200 I Irme's Skin Care Clinic: 0801-02 REQUEST: "AB" Professional Office Development to "B-1" Neighborhood Business District on Sunnyside Strip, Lot I 0 and northeast half of Lot 11 and located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive Mr. Saldaila presented a slide illustration of the subject property and surrounding area. The subject property is part of a 7.27-acre tract of land 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-I B" 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-1B" District and developed with a private school and community center. South of the subject property, there are 89 acres of land zoned a "8.4" 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-1" District of which one tract contains 0.39 acre and developed with lift 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 '''AS'' Professional Office District to a "B-1" Neighbnrhood 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 permined 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 from an "R-IB" One-family Dwelling District to a "B-1" District and in August 2000, a "B-IA" 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-1" 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 from residential to non- residential uses. The area south of Harry Street has remained constant for the past fifteen (15) years, Approval of a "B-1" District would disrupt the quiet, non-obtrusive nature of the existing businesses in this area. A "B-1" District permined uses would increase the traffic that could impact the existing school and community 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 will 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 applic.:mt 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. Staff recommends denial of the rezoning request, Chairman Berlanga opened the public hearing. Irma Ornelas, applicant, 745 Everhart Suite B, gave a brief histoty 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 Whitr, who owns the property, has given her an opportunity to expand her business 10 1,700 square feet. Ms. Ornelas 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. /1 T Planning Commission Minutes August I, 2001 Case No. 0801-02 (Inne'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 ofa wall sIgn. He said that he would also support a .'B-I" District. Chairman Berlanga said that Ihe neighborhood is transitioning and that it will eventually evolve into a "B-1" 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 ofthe 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 transfonned into a business. He requested consideration of the "B-1" 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-1" 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-1" 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 lengthv dISCUSSIon regarding whether the applicant would consider a "B-1 A" Neighborhood Business District, Mr. Whitt said that Ihe "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 "8-1" District. Commissioner Richter said that the "B-1 A" District would be successful if the entire block were rezoned, Motion by Salazar, seconded by Zamora, to approve a "B-1" Neighborhood Business District. Motion passed with Amsler, Berlanga, Mims, Salazar, and Zatnora voting "Aye"; Pus ley, Richter, and Sween-McGloin voting "Nay"; and Smith being absent. 18 T' Page 1 of 3 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-1 A" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT TO REPLACE THE REQUIRED MASONRY WALL WITH A THREE-FOOT WIDE LANDSCAPED STRIP THAT CONTAINS FIVE-GALLON OLEANDERS EVERY FIVE (5) FEET ON CENTER; 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, and continued to and resumed and held on Tuesday, September 18, 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 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 A " Neighborhood Business District. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit on Lot 1 0 and northeast half of Lot 11, Sunnyside Strip (zoned "B-1A" Professional Office District by Section 1 of this Ordinance), located on the east side of Everhart Road approximately 225 feet north of Jacquelyn Drive, The Special Permit requires, In lieu of the required masonry wall, a three-foot wide landscaped strip that contains five-gallon oleanders every five (5) feet on center. SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the following two (2) conditions: IILEGALILAW\LEG- OIRIOOYLEOCURTISIMYOOCS\2001IP&ZOR001\zONING.ORDlOOYLEC\2001\Z0801 02B.OOC .... Page 2 of 3 1. LANDSCAPING: In lieu of the required masonry wall, a three-foot wide landscaped strip that contains five-gallon oleanders every five (5) feet on center must be installed and maintained as shown on the Site plan which is attached as Exhibit "A". 2, TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the landscaping outlined in Condition 1 is in place 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 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on 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 Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. 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 13 September, 2001 By: is istant City Attorney IILEGALILAIMLEG- OIRIOOYLEOCURTISIMYOOCS\2001IP&ZOR001\zONING.OROIOOYLEC\2001\Z0801 02B.OOC --, r Page 3 of 3 Corpus Christi, Texas day of ,2001 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings, IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D, Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott IILEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD01\zONING.ORDlDOYLEC\2001\Zoa0102B.DOC 't. (pri~'^c () PLANNING COMMISSION'S RECOMMENDATION APPLICANT'S REQUEST 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-1" 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 conceming 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, 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 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 "AS" 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 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:ILEG-DIRIDOYLEDCURTISIMYDOCSI2001IP&ZORD01\zONING,ORDlDOYLECI2001\Z080102A.DOC /1 .." 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 Samuel L Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED AS TO LEGAL FORM August 29, 2001 By: Doyle Senior urtis sistant City Attomey H:ILEG-OIRIOOYLEOCURTISIMYOOCSI2001IP&ZOR0011Z0NING.OROIOOYLEC120011Z080102A,OOC :w 1 T 17 r AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 18,2001) Case No. 0801-03, First Baptist Church of Corpus Christi: A change of zoning from an "R-l A" One-family Dwelling District to an "[-2" Light Industrial District on First Baptist Church Tract, being 0.207 acre out of Lot I A, located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. Planninl! Commission and Staff's Recommendation (08/15/01 ): Denial of the "1-2" District, and in lieu thereot~ approval ofa Special Permit for an unenclosed modular skate park with four (4) condilions. ReQuested Council Action: Denial of the "1-2" District, and in lieu thereof, approval of a Special Pennit for an unenclosed modular skate park with four (4) conditions and adoption of the attached ordinance. PurDose of ReQuest: To develop an unenclosed modular skate park. Summary: The applicant is requesting a change of zoning to an "1-2" - Light Industrial District, in order to develop a 9,000 square foot unenclosed modular skate park. The proposed site is located within the First Baptist Church property at 3115 Ocean Drive. The skate park design components include modular units five feet or less in height. Fencing of the skate park is proposed, along with set hours of operation based on the seasons. The park would be open to the public with a possible entry fee. When not in operation, the church plans to use the skate park for church related events. Adequate parking for the skate park is available within the church facility. The skate park is proposed to be located between the church and gymnasium which will screen the skate park from the Ocean Drive scenic corridor. West of the subject site is the church senior citizen apartment complex zoned an "R-IA" District with a special pennit. South of the church property and to the east, is "R-IA" District properties platted as large lot single-family residential development. Such large lot developments include Hawn Estates and Hewitt subdivisions. The nearest location of any lot of the large lot developments to the proposed skate park site is 170 feet. The proposed "1-2" District permits uses that are detrimental to residential or like uses: i.e., outside storage, outside sales, blending of insecticides, fungicides. manufacturing of concrete products, etc. These uses are incompatible with the surrounding single-family, multi-family and church zoning and use. A special permit for this type of use would complement the existing enclosed recreational facility maintained and operated by the church. Typically skate parks are permanent structures. however with the modular design, the park is classified as a non-permanent structure. This non-permanent structure category suggests flexibility in relocating or dismantling the unit when conditions change. Proposed Conditions: The Planning Commission and Staff recommend the following conditions: I) USE: The only use authorized by this Special Pennit other than those uses pennitted by right in the "R-IA" One-family Dwelling District is an open modular skate park. 2) LIGHTING: Lighting for the modular skale park must be direclional and shielded lighling and must be directed away from neighboring residential areas and public righls-of-way. 3) SOUND SYSTEM: Any sound system used in conjunction with the modular skate park must direct its speakers away from neighboring residential areas. 4) TIME LIMIT: This Special Pennit 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 # I and in compliance with all other conditions and City rules and regulations. .,,-,..~ Agenda Memorandum Case No. 0801-03 (First Baptist Church of Corpus Christi) Page 2 ADDlicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of this memorandum, four (4) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect. , /'" i f . I .t.( /VC:/;?I<,' C,-':/"~ Michael N. Gunning, AICP 7 Director of Planning MG/MSler Attachments: I) Zoning Report 2) Commenls Received 3) Planning Commission Minutes 4) Ordinances Pages Page Pages Pages 3-9 10 11-12 13-18 H:IPLN-DIRIERMA I WORDlAGENDMEMI080 I-03AGENDAMEMODOC ." CITY COUNCIL ZONING REPORT Case No.: 0801-03 Planning Commission Hearin!! Date: August 15,2001 Map No.: 80-8 (Jl6C) Applicant: First Baptist Church of Corpus Christi Le!!al DescriptionlLocation: First Baptisl Church Tract. being 0.207 acre oul of Lot lA, located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. Area of Request: 0.207 acres/9,OOOsquare feet Lotls) Area: Same as above, Current Zonin!!: "R-IA" One-family Dwelling District Request: "1-2" Light Industrial District Current Use ofPropertv: Parking lot. Purpose of Request: To develop an unenclosed modular skate park. Zoning Change Requested Due to Notice of Violation: Not applicable, Adiacent Zonin!!: North, South, East, West -"R-IA" One-family Dwelling District Adiacent Land Use: North, South - Parking lot. East - Parking lot and church recreation gym. West - Parking lot and church senior citizen apartments, <.J . - - Zoning Report Case No. 0801-03 Page 2 Number of Residential Units Allowed: "R-I A" - 0 units (-1.36 dwelling units per acre) "[-2" - 0 unilS ( dwellini!s nOl allo\\ed) Estimated Traffic Generation: Outside amusement _ 75,76 average weekday vehicle trip ends x 0.207 acre = 16 average weekday vehicle trip ends, Adiacent Streets/Classification: a) Ocean Drive - arterial Rieht-of-Wav Desien Current: a) 100-foot right-of-way with two (2) 46 foot back-to-back paved sections with a 5 foot median. Planned: a) Same as current. 1996 Traffic Count (24-hour, weekdav, non-directional): a) 28,790 vehicles per day - Ocean Drive Zonine Historv of Property: There has been no rezoning activity within the past five (5) years, Recent Surroundinl! Zonine Cases: There has been no surrounding rezoning activity within the past five (5) years, Zonine Inventorv: The subject property is a part of an 8.13 acre tracl of platted land zoned an "R-IA" District thaI is developed as church property. To the east is a 4 acre tract of "R-IA" District property that is owned by Ihe church and is undeveloped. The undeveloped church property adjoins to the east, a sloping tract subdivided as a large lot single-family home development and is zoned with a "R-IA" District. If ..." Zoning Report Case No. 0801-03 Page 3 Adjacent to the south is land zoned an "R-IA" District that is developed as a church athletic field. To the west is land developed as a church parking lot and zoned with a "R-IA" District. Further west, is 4,04 acres zoned an "R-I A" District with a special permit for the church senior citizen apartmenl complex, North of the subject site is "R-IA" District church property developed with a gymnasium, school, and sanctuary. Further north and across Ocean Drive is large lot single-family development zoned with a "R-IA" District. Plannine Staff Analvsis; . General Characteristics and Background: The applicant is requesting a change of zoning to an "1-2" - Light Industrial Dislrict, in order to develop an unenclosed modular skate park, The proposed sile is included within Ihe Firsl Baptist Church property located at 3115 Ocean Drive. The design component of Ihe use will include modular units five feet or less in height. Fencing of the skate park is proposed, along with set hours of operation based on the seasons. Usage oflhe approximate 9,000 square foot sile would be open to the public with a possible entry fee, When not in operation, Ihe church plans 10 use the skate park for schedule church related events. Parking for the skate park is accommodated through shared parking with the church facility. Currently, the church has sufficient parking or available land to provide both uses with the necessary parking, Siting of the unenclosed modular skate park is proposed between the church and its gymnasium. The church structure will screen the skate park from the Ocean Drive scenic corridor. West of the subject site is the church senior citizen apartment complex zoned an "R-IA" District with a special permit. South of the church property and to the east, is "R-IA" District properties platted as large lot single- family residential development. Such large lot developments include Hawn Estates and Hewitt subdivisions, The nearest location of any lot of the large lot developments to the proposed modular skate park site is 170 feet. The proposed "1-2" District permits uses that are detrimental to residenlial or like uses: i.e" outside storage, outside sales, blending of insecticides, fungicides_ manufacturing of concrete products. etc. These uses are incompatible with the surrounding single-family, multi-family and church zoning and use, A special permil for this Iype of use would complement the existing enclosed recreational facility maintained and operated by the church, Typically skate parks are permanent structures, however with Ihe modular design the park is classified as a non-permanent structure, This non-permanent structure category suggest flexibility in relocating or dismantling the unit when conditions change. . Conformity to the Comprehensive Plan and Land Use Compatibility: The Comprehensive Plan Elements cannot be supportive of the requested "1-2" District. The Southeast Area Development Plan's future land use map recommends the area to develop with low- density residential development. The requesled "1-2" District is inconsistent with the Plan's recommended land use, oS"" '1 ----or- Zoning Report Case No. 0801-03 Page 4 . Potential Housing Density: The "R-IA" District permits a density of 4.36 dwelling units per acre or 0 units on the subject property. An "1-2" District does not permit dwelling units under the "R-l B" District. . HeightlBulklSetbacks/Etc.: The "R-IA" District requires a front yard setback of25 feet and side and rear yard of five (5) feet. The "1-2" District requires a 20 foot front yard setback with no side or rear setback, unless contiguous to residential property, whereby the rear and side setbacks are ten (10) feel each, Building heights are limited to 35 feet not to exceed three (3) stories in the "R-IA" District and are not limited in the "1-2" District. . Signage: Signs in the "R-IA" are limited to one wall sign with an area not to exceed one square foot. The "1-2" District sign allowance is unlimited as to number and area provided a 20' foot setback is maintained, If the sign is within the 20' setback then the area of sign is limited to 40 square and only one (1) free-standing sign is allowed, . Traffic: The skate park is estimated to generate approximately 16 daily trip ends. This additional traffic would have direct access to an arterial, Ocean Drive, without traversing a residential area, . Parking/Screening: The approximate 9,000 square foot skate park is required to provide one parking space for each 100 square feet of building gross floor area, The skate park intends to utilize share parking wilh the church. Currently, the church has sufficient parking or land to provide all necessaty parking, . Costs to City: There are no anticipated costs to the City. . Platting: The subject property is platted, Pros: (Ideas in support of the request.) a) The skate park complements the existing enclosed recreational facility of the church, Cons: (Ideas in support of maintaining the current zoning,) a) The proposed zoning classification is inconsistent with the adopted Southeast Development Plan, ~ . . ... Zoning Report Case No. 0801-03 Page 5 Staff Recommendation: Denial of the "1-2" District. and in lieu thereof, recommends the approval ofan "R-IA" One-family Dwelling District with a Special Pennil for an open modular skate park subjecI to the following four (4) conditions: 1. USE: The only use authorized by this Special Permit other than those uses pennitted by right in the "R-IA" One-family Dwelling District is an open modular skate park. 2, LIGHTING: Lighting for the modular skate park must be directional and shielded lighting and must be directed away from neighboring residential areas and public rights-of-way, 3, SOUND SYSTEM: Any sound system used in conjunction with the modular skate park must directs its speakers away from neighboring residential areas. 4. TIME LIMIT: This Special Permit shall be deemed to have expired wilhin one year from the date of this ordinance unless Ihe property is being used as outlined in condition #1 and in compliance with all olher condilions and City rules and regulations, Zoning and Ownership Map Ownership List Attachments: H:\PLN-DIRIERMAI WORDIZONRPTSI080 l-OJCCREPORT.DOC 7 ._.~ Oa ~~0' R-IB O.-s.: ~/ 0',.>- / 01"1')- -- 13 . - Property Owner in Favor 17 x - Properly Owner Opposed ~ See Comments on Pagers) /,0 ~ Aug 8, 2001 - RP ~OO 2?0 300 I ~ Subject property CASE Z0801-03 E::I::J Owners within 200 feet listed on attached ownership list~ C4tJ /., P /Y; 'f .(S ) Cf . I~ /) ~ -. ~--~._-~ OWNERSHIP LIST CASE NO. 0801-03 Applicant: First Baptist Church of Corpus Christi 3115 Ocean Drive 1 244100000010 BAPTIST CHURCH -FIRST 3115 OCEAN 2 244100000024 KIMONIA HOMES INC 3113 OCEAN 3 329600000030 FIRST BAPTIST CHURCH 3201 OCEAN 4 336500000150 BARBERITO LEE AND 11 HEWIT LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. P. O. DRAWER 110 78403 FRANK D. HANKINS OPUS 721 CRESTVIEW 78412 H:\PLN-DIR\ERMA\WORD\OWNERSHIP LIST\0801-030WNERSHIP.DOC V Representative: Mark A. Nichols 3115 Ocean Drive COMMENTS RECEIVED FROM NOTICES MAILED Case No, 0801-03 First Baptist Church of Corpus Christi . - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: None. Oooosition: None. II. Responses received from outside the 200-foot notification area: Favor: None, Oooosition: None. III, Responses received from owners/applicants of subject area: Favor: None. Oooosition: None, H:\PLN-OtRIERMA I WORDICOMMDA T A \080I-01COMMENTS.DOC 10 --, ---,. Planning Commission Minutes i\.Ugust 15.200 I First Baptist Church of Corpus Christi: 0801-03 REQl'EST: "R-I A" One-family Dwelling District to "1-2" Light Industrial District on First Baptist Church Tract. being 0.207 acre out of Lot I A Located approximately 500 feet south of Kush Lane and approximately ..+80 feet west of Ocean Drive. Mr. Saldana presented a computerized slide illustration of the subject property and the surrounding area, The subject property is a part of an 8.13 acre tract of platted land zoned an "R-lA" District that is developed as church property. To the east is a 4-acre tract of "R-IA" District property that is owned by the church and is undeveloped. The undeveloped church property adjoins to the east, a sloping tract subdivided as a large lot single- family home development and is zoned with a "R-lA" District. Adjacent to the south is land zoned an "R-IA" District that is developed as a church athletic field. To the west is land developed as a church parking lot and zoned with a "R-lA" District. Further west, is 4.04 acres zoned an "R-lA" District with a special permit for the church senior citizen apartment complex. North of the subject site is "R-lA" District church property developed with a gymnasium. school. and sanctuary. Further north and across Ocean Drive is large lot single-family development zoned with a "R-1A" District. Mr. Saldana said that the applicant is requesting a change of zoning to an "1-2" - Light Industrial District, in order to develop an unenclosed modular skate park, The proposed site is included within the First Baptist Church property located at 3115 Ocean Drive. The design component of the use will include modular units five feet or less in height. Fencing of the skate park is proposed, along with set hours of operation based on the seasons. Usage of the approximate 9,000 square foot site would be open to the public with a possible entry fee. \Voen not in operation, the church plans to use the skate park for schedule church related events. Parking for the skate park is accommodated through shared parking with the church facility. Currently, the church has sufficient parking or available land to provide both uses with the necessary parking. Siting of the unenclosed modular skate park is proposed between the church and its gymnasium. The church structure will screen the skate park from the Ocean Drive scenic corridor. West of the subject site is the church senior citizen apartment complex zoned an "R-IA" District with a special permit. South of the church propel1Y and to the east. is "R-IA" District properties platted as large lot single-family residential development. Such large lot developments include Hawn Estates and Hewitt subdivisions. The nearest location of any lot of the large lot developments to the proposed modular skate park site is 170 feet. The proposed "1-2" District permits uses that are detrimental to residential or like uses: i.e., outside storage. outside sales, blending of insecticides. fungicides, manufacturing of concrete products. etc. These uses are incompatible with the surrounding single-family, multi-family and church zoning and use. A special pennit for this type of use would complement the existing enclosed recreational facility maintained and operated by the church, Typically skate parks are permanent structures. however with the modular design the park is classified as a non- permanent structure. This non-permanent structure category suggests flexibility in relocating or dismantling the unit when conditions change. The Southeast Area Development Plan's future land use map recommends the area to develop with low- density residential development. The requested "1-2" District is inconsistent with the Plan's recommended land use, There were four(4) notices mailed to property owners within a 200-foot radius of which none were returned in favor or in opposition. Staff recommends denial of the "I~2" District, and in lieu thereof, recommendation of a "R-IA" District! Special Permit for an unenclosed modular skate park with the following conditions: I. USE: The only use authorized by this Special Permit other than those uses permiued by righl in the "R-IA" One-family Dwelling District is an open modular skate park, 2. LIGHTING; Lighting for the modular skate pClrk must be directional and shielded lighting and must be directed away from neighboring residential areas and public rights-of-way. 3. SOUND SYSTEM: Any sound system used in conjunction with the modular skate park must direct its speakers away from neighboring residential areas. /1 ~'--'T w Planning Commission Minutes August 15.2001 Case :\0. 080.1,03 (First Baptist Church o[Corpus Chnsli) Page .2 4. TIME LIMIT: This Special Pennit 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 # I and in compliance with all other conditions and City rules and regulations. Vice Chairman Mims opened the public hearing. Mark Nichols, 3115 Ocean Drive, will be enclosed with a fence and will not have access when it is not in use. Mr. Nichols said that the church wanted to offer help to the skalers in the community, He said that the plans are not complete, however, during school days, the park would be open during the afternoon until dark. The modular skate park will be capable of being moved when not in use, Mr. Nicholson said that the skate park would be fenced with a chain link fence and that slats could be included if necessary. Public hearing was closed. Commissioner Sween.McGloin expressed concern with the sound system speakers and the sound from the skates on the ramps. She said there could be a noise and parking problems in the future and asked the applicant to work with the neighborhood regarding these issues. \-lotion by Pus ley, seconded by Amsler, to forward a recommendation of approval of the Special Permit to the City Council. Motion passed with Berlanga, Salazar. and Zamora being absent. 12- 11'. PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FIRST BAPTIST CHURCH OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.207 ACRE OUT OF LOT 1A, FIRST BAPTIST CHURCH TRACT, (CURRENTLY ZONED "R-1A" ONE- FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN UNENCLOSED MODULAR SKATE PARK SUBJECT TO FOUR (4) 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 conceming the application of First Baptist Church of Corpus Christi, Texas, 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 an unenclosed modular skate park on 0.207 acre out of Lot 1A, First Baptist Church Tract (currently zoned "R-1A" One-family Dwelling District), located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive, A metes and bounds description is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following four (4) conditions: 1. USE: The only use authorized by this Special Permit other than those uses permitted by right in the "R-1A" One-family Dwelling District is an open modular skate park, 2. LIGHTING: Lighting for the modular skate park must be directional and shielded lighting and must be directed away from neighboring residential areas and public rights-of-way, I\LEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCSI2001IP&ZORD011Z0NING.ORDlDOYLECI2001IZOB0103A,DOC /..1 - Page 2 of 3 3. SOUND SYSTEM: Any sound system used in conjunction with the modular skate park must direct its speakers away from neighboring residential areas, 4, TIME LIMIT: This Special Permit 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 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 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. 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 18th 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 12 September, 2001 James R. Bray, Jr. :;~~~ oyle , urtis Senior ssistant City Attorney IILEGALILAWlLEG- 0IRIOOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING,ORDIDOYLEC\2001\Z080103A,DOC 1"/ .." JUL-25-2001 03: 13 PM 8AS~ AND WELSH ENG ........ -. 3618821285 P.02 03Q/-0.3 MvaaaY ..... """., ~I.. ft.'''..I. H..... M. w....... 111... ...,,~.. - .. "........ I'll.'" .......1 ". a.' ....,... ...."1&.; ....."........- ....,...., u...e"'~ BASS 81 WELSH ENGINEERING r.o. 80a .3.7 co......,. C""'.Tt. ,..... 7......a.7 ZONING TRACT July 25. 2001 9llll55.M&B Slate of T_ 5 CountY ClC ~ . o-..~. 01 an 8.492 SF pP;eI of lend. mare or Ias. .. !"Ortion of lot lA. First 8lIpliIt Chuldl TllIlS. II IMP 01 which 18 ._d0.4 in Vol. 44, Pave 143, Map R........, Nu_ County. T...... Mid 8,4112 SF pone! 01 land lIS lur1l1er a..- iWd by 1l1lII_ and bounda .. lollows: SllutIng al the olOfI'..lOn _.",,~oI comer of IIIIid LollA. Flrsl s.plat Chllftlll T... and ..0.11\.......... CCIlMl' of LaC 3, Hawn EaIBl... a Il1lIII' of whlc:h is ..co.dld In Vol. 54. Pag.2OO. said" RtIllOIde, SlIld "'rlInv poinl btIin9 in the mulhwest rtghl-of-way line 01 ac.n Orlve: 111_ aIang the ........,oj. ~ boundluy line of .w lol 1 A. F1nl !laIlI* Chwd'o Tract and ~ boundIIty line 01 9IIid Lol 3, ........ Eatatw. S45'OoOOW 477,4'310. pojnl; 1hencoo N4S"OO'OO"W 62.011' 10. point In said LaC lA. F1rs181qlllet Church Trallll....lI1. POINT OF BEGINNING and a8s1em1.1OSI com... ClC the lIacl henIin ......bed; Thenc1t 842"18'11"W 10,05' \0 . point In taid Lot lA lor c.'1 MSt8f1y co,,*, ClC 1Ile tnICt henltn d__ .ibw4. Thence SSs"25'lT"W 68.48' 10 a point in said LaC 1" k>r the ....M......... 0ClIMf 01 the Ir8aI henIin (le.....ibed; Thence N-W"27'24"W 3O.6lI' 10 . poInl in said lol 1 A lor . aoutherly cenlnoI DOmer of 1M Ir8aI henlin ......Ibed: Thence N70"53'31"W 10,28' 10 a point In taid Lol 1 A for . cenlral south.rIy comer 01 the tract henIIn dee<o. ibed: Thenc1t N44"2r18"W 66,ll2' 10 . point In said 1o1 1.. ior the ".........,,_ cor..- of the Ir8aI heNln <Ieectilad; .lhen N4~Ov E 63.112' 10 . point in 9IIid 1ol1A for \h.. norlhe....oael or 'Md'''9..t corner oIlhe lr8cI herein d~s_.1Wd; Thence S4!I"IN INOE 32,85' 10 the point 01 cuMllure ol . ciradIIr CUMI 10 the left having a ceroltW ..... 01 v./ww', a I'BdIus 01 S.22' IInd II chord btlertng East B dmr- 017.38'; Thenoe along the arc ol aald ol dn:ular CUIWI 10 the laR a dl-..- of 8,20' 10 the point of tm~lC', Th_ N45"OOOO.E 12.7T to. point lor e north cant...l......- the!nlcl hentln d-..;t..J: EXHIBIT /r ~--.T . -' APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FIRST BAPTIST CHURCH OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.207 ACRE OUT OF LOT 1A, FIRST BAPTIST CHURCH TRACT, FROM "R-1A" ONE-FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of First Baptist Church of Corpus Christi, Texas, 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 0.207 out of Lot 1A, First Baptist Church of Corpus Christi, located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive, from "R-1A" One-family Dwelling District to "1-2" Light Industrial District. Metes and bounds description is attached as Exhibit A SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 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, IILEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCS\20011P&ZOR0011Z0NING,ORD\DOYLEC\20011Zoa0103B.DOC /6 "---r----" 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 18th 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 12 September, 2001 James R. Bray, Jr. City ey By: Doyle 0 Senior urtis sistant City Attorney IILEGALIlAWIlEG- DIRIDOYLEDCURTISIMYDOCSI2001IP&ZORD011Z0NING,ORDlDOYLECI20011Z0801 03B,DOC /7 '- --- JUL-25-2001 03:13 PM BASf AHD WELSH EHG ........ -. 3618821285 P.02 03/"-0>3 Il4v..." ..... J_.. "I.. lIL'''..'' H..... M. w....... Pl... lIt."...... -. .. """..... ,... ai' .....1&1 ,... .1' ....,... ..."..... -.,jr......... .....~I aiJInweI..... BASS 6c WELSH ENGINEERING roo. eox. .:1.7 co".u. eMit..".. n.Aa 7......a.7 ZONING lllACT July 25. 2001 9Illl55.M&B Slate at T_ 5 CounIY 01 N_ , D-..ItIIluo. 01 an 8.492 SF pllree1 of 18nd. marl or ... e !'Orlion of Lot lA. Flr8IlllIplIIl ChuIdI TIlId. II I1WP 01 wIlIch" ........d004 in 1/01, 44, Pave l.a..... R........, Nu_ County, TI_. Mid 8.4112 SF pMlIl 01 land as 1ur1h<< ~Ibed by "*.. .nd bounda .. Iotlows: Sllullng 81 .". ~" eal,,",most comer 01 oald LotlA. FIrst e.plat Church Tract end ..0.11......- -'* 01 Lot 3, Hawn E8\IIt... . RllIIIJ of wIlIch is reoordlld In Vol. 54. Pagl 200, said MIII!J RecordI. said starllng .,.... btIlnll in ."......hwesl right-of-way line 01 Ocean Drtve; th_lIianv the -........ 8lIUll-' bau....,. line 01 said Lot 1 A. F1nI Bapiel Chunlh TIKI .nd norl'-l Iloundrf IiM of 98Id Lot 3. ....... EIlatea. 645'00 OIl tV 417.43' to a point: __ N45"Oll'OO"W 62.0ll' 10 . pol'" In said LatlA. FIrM El&pIiIl Churcl1 Tract lor th. POINT OF BEGINNING and .......m.lOSl comer 01 tile IIlICt heMin odo-oWd; Thence S4l!"16'11"W 10.05' to II pan In IIIid LotlA lor ell MSt,", co"*' 01 tile IIlICt '-tit" Ih ,1>.4; n.- SSS"25'17"W 69.48' to 8 point in IIIid Lot 1" 1(>1' lhe .............~ -'* 01 tile \r8rll henIIn ~J Ibed; 'T1t..- N44"27'24"W 30.88' 10 . poinI in said Lot 1 A tor . aouthedy cerbaI ......- d tile IIlICt llenlin dl._.ibed: Th_ N70"53'31"W 10,28' 10 8 poinIln laid Lot 1 A lor 8 ",,"lreI lIOIlIheriy comer of the IIlICt henIIn dt6..M)ed: n- N44'2r19"W 68.82' to . poinlln said LoI 1,. ivr \he ......_...._ ocr.- of tile \r8rll '-In ~; "Then N4:l"INOO e 63.92' 10 . polnI in said Lot lA tor lh:o notll........oat or .....d........ oamer 01 tile IIlICt tlInIin .:IL_lbold: Thence S45"Otl'tXTE 32.85' 10 the poInI 01 GUlYlllUra 01 . c:ircUlm' curve to the left haYIng · -- -- aI tJooOO', II I8llIus 015.22' and 1I chard bearing East II dls\a.a 01 7,'JII; n- along th. ..... of 88Id 01 circular curve \0 \he tall . dl~ of 8.20' \0 the point 01 \al_~,. Thence N8!>"lNocrE 12,7T 10. poinI tor. norIh ",,",ral comer the \ract h....ln d_it...d; EXHIBIT, II' r 18 T I AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 18,2001) Case No. 0801-04, MTM Northwest, Inc. & MTM Northwest, Ltd.; A change of zoning from an "F-R" Farm-Rural District to a "B-4" General Business District on Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot I, located on the south side of Northwest Boulevard (F.M. 624), approximately 600 feet wet of County Road 69. Planninl!: Commission and Staff's Recommendation (08/15/01): Approval of the "B-4" District. ReQuested Council Action: Approval of the "B-4" General Business District and adoption of the anached ordinance. Puroose of Reouest: For general business development. SUmmary: The applicant has requested a "B-4" General Business District in order to develop a retail center. The subject property is located along an arterial, Northwest Boulevard, with no direcl access to a local residential street. There are no existing residences abutting the subject property, The adjoining land to the south and east is being used as farmland. West of the subject property, the land is zoned a "B-4" District and developed with offices, batting cages, an athletic gym, and a landscape nursery. Approval of the "B-4" District would be an expansion of the adjacent "B-4" District on the west and north. The subject property is also in the corridor that the Northwest Area Development Plan recommends development with general commercial uses. With no abutting residences, the impact of expanding the "B-4" District would he minimal on the surrounding area. Applicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of/his memorandum, seven (7) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. The 200/0 rule is not in effect. , 1/.. ; /~l. /?<tt /&'~/ ,/'V~) Michael N. Gunning, AICP Director of Planning MGIMSler Attachments: I) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance Pages Page Page Pages 2-8 9 10 11-14 H :\PLN-DIR\ERMA \ WORDlAGENDMEM\080 1-04AGENDAM EMO. DOC T ,. CITY COUNCIL ZONING REPORT Case No.: 0801-04 Planning Commission Hearing Date: August 15, ~001 Map No,: 45-13 (M9C) Applicant: MTM Northwest, Inc, & MTM Northwest, Ltd, Le!!:aIDescriptionlLocation: Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot I, located on Ihe south side of Northwest Boulevard (F.M. 624), approximately 600 feet west of County Road 69, Area of ReQuest: 3,5 acres Lotls) Area: Same as above. Current Zonin!!:: "F-R" Farm-Rural District ReQuest: "B-4" General Business District Current Use of ProperlY: Agricultural land, Purpose of ReQuest: F or general business development. Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zonin!!:: North, West - "B-4" General Business District South. East - "F-R" Farm-Rural District Adiacent Land Use: North - (across Northwest Boulevard) Aulo-related uses and undeveloped land. South, East - Vacant land, West - Office and athletic club, .2. T I Zoning Report Case No. 0801-04 (MTM Northwest) Page 2 Number of Residential Units Allowed; '"F-R" - 0 unils (l dwelling unit per 5 acres ofIand) "B-4" - 127 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40,67 average weekday vehicle trip ends per I ,000 square feet of gross floor area x 30,900 square feet of gross floor area (based on average by ITE Trip Generation, January 1991) = 1,257 average weekday vehicle trip ends. Ad iacent Streets/Classification: a) Northwest Boulevard - arterial Ri~ht-of-Wav Desi~n Current: a) I 50-foot right-of-way with an 82-foot wide rural paved section, Planned: a) Same as current. 1996 Traffic Count (24-hour, weekday, non-directional): a) 20.170 vehicles per day (east of Farm to Market Road 1889) 23,270 vehicles per day (east of County Road 69) Zonin~ Historv of Proper tv: In December 1995, as part of a larger area, the south 200 feet of the subject property was annexed into the City and zoned an "F-R" District. Recent Surroundin~ Zonin~ Cases: In November 1994, the property at the northeast comer of Northwest Boulevard and Riverwood Drive and north of the subject property, was granted a change of zoning from an "F -R" District to a "B-4" District and remains undeveloped, In December 1995, the area 300 feet south of Northwest Boulevard was annexed into the City and zoned Ihe area an "F-R" District. 11 . Zoning Report Case No. 0801-04 (MTM Northwest) Page 3 [n March [997, the adjacenl tract to the west was granted a change of zoning from an "F-R" District 10 a "B-4" DistricI and developed a gymnasium, batting cages, and offices. [n November 1998. Lot 1, Encino Park, located on Ihe south side of Northwest Boulevard and west of the subject property, was granted a change of zoning from an "F-R" District to a "B-4" District for a landscape nursery operation. [n December 1999, the area along the northeast side of Riverwood Drive and northwest oflhe subject property, was annexed into the City and zoned an "R-IB" District. Zonin!! Inventorv: The subject property is part of a 29.95-acre tract offarmland zoned an "F-R" District. Adjacent to the north and west, the area contains 18,67 acres of land that is zoned a "B-4" District and developed with a mixture of auto-related uses, mini-storage, landscape nursery and a sports gym, West of the "B-4" District area, there are 485 acres of more farmland zoned an "F-R" District. Northwest from the subject property there is a 2,46-acre tract of land zoned an "AB" District and a 1.22-acre tract of land zoned a "B-4" District. The "AB" District area contains a church and the "B-4" District contains a veterinary clinic, Plannin!! Staff Analvsis; . General Characterislics and Background: The applicant has requested a "B-4" General Business DistricI in order to develop a retail center, The subject property is located along an arteriaL Northwesl Boulevard, with no direct access to a local residential street. There are no existing residences abutting the subjecI property. The adjoining land to the south and east is being used as farmland. West of the subject property, the land is zoned a "B-4" District and developed with offices, batting cages, an athletic gym, and a landscape nursery. Approval oflhe "B-4" District would be an expansion of the adjacent "B-4" District on the west and north. The subject property is also in the corridor that the Northwest Area Development Plan recommends development with general commercial uses. With no abutting residences, the impact of expanding the "B-4" District would be minimal on the surrounding area, . Conformity to the Comorehensive Plan and Land Use Comoatibilitv: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District due to its direct access to an arterial without traversing a residential area. The Northwest Area Development Plan's adopled future land use map recommends the area to develop with general commercial uses, The requested "B-4" DistricI is consistent with Ihe Plan's recommended land use. . Potential Housing Densitv: The "F-R" District permits a density of one dwelling unit for every five (5) acres, Since the subject property is less than five (5) acres, development of the If 1 w . Zoning Report Case No. 0801-04 (MTM Northwest) Page 4 property would not be allowed. A "B-4" District allows a density 36,30 dwelling unils per acre or 127 unils on Ihe subject property. The increase in density will not adversely impact the abutting area, . HeightlBulk/Selbacks/Etc,: There are no required setbacks or building height limitations in the "F-R" District. The "B-4" 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 minimum setback often (10) feet is required along that adjacency, Building heights are also unlimited in the "B-4" District, . Signage: The "F-R" District permits one non-illuminated temporary freeslanding sign to advertise producls sold at the temporary sales stand, This sign is limited to a sign area of forty (40) square feet and a height of 35 feet. Wall signs and freestanding signs in the "B-4" DistricI are unlimited as to size height and number provided the signs are located behind the front yard setback. Freestanding signs in the front yard are limited to one sign per street frontage wilh an area not to exceed forty (40) square feet and a height of 25 feet. . Traffic: Access to and from the subject property is from an arterial, Northwest Boulevard (F, M, 624) and no access to a local slreet. When the property is developed as retail center. it would add more Iraffic to the adjacent arterial. However, the impacI of this additional traffic would have minimal impact on the street system, . Parking/Screening: Retail development is required to provide one off-street parking space for each 200 square feet of gross floor area, Compliance with the off-street parking requirements will be required during the permitting phase of the development. A standard screening fence with a height of not less than six (6) feet, is required when a business or industrial use abuts a residential district. If the subject property is granted a "B-4" District, a standard screening will be required along the south and east property lines, . Costs 10 Citv: The infrastructure required to serve the subject property is available and no costs to Ihe City are anticipated. . Platting: A plat is required. Pros: (Ideas in support of the request.) a) The requested "B..f' District is an expansion of the adjacent "B-4" District to the north and west. b) The requested "B-4" District is consistent with the Northwest Area Development Plan's adopted future land use map, c) The subject property does not abut an existing residential development. .r J Zoning Report Case No. 0801,04 (MTM Northwest) Page 5 Cons: (Ideas in support of maintaining the current zoning,) a) Approval of the "B-4" District would continue its domino effect that would strip-out Northwest Boulevard with commercial development. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H,IPLN-DIRIERMA I WOROlZONRPTSI080 I-OKCREPORT DOC u T w R-IB NUEC S RIVER 18 IR IGATION 8-4 R-IB 2 R~RK ANNEX 8-4 AB RIVERSIDE 1A '" VETERlNAA NEW LIFE BAPTIST ~ F-R CLINIC [JJ [JJ I'M 624 ST BlVD. B-4 >- "' '" F-R en 15 MARTIN z if PLUlA F-& () en ~ MEDICAL -' 1 T PARCEL 5! CLINIC '>( f:j f! 1! ENCINO PARK 2 2 -R 8-4 .. .. F-R i f . - Property Owner in Favor x - Property Owner Opposed See Comments on Page(s) q ~ Aug 8. 2001 - RP o 100 200 300 ~ I CASE Z0801-04 IZ22l D:J Owners within 200 feet I isted on attached ownership list ~ P ~(s) t _ '; Subject property ~ . OWNERSHIP LIST CASE NO. 0801-04 Applicant: MTM Northwest, Inc. & MTM Northwest Ltd. 4045 Bobwhite Robstown, TX 1 662.81 336005490301 DELUXE PROPERTIES 2 101317.88 484800010010 MARTIN GARY L 2 35095.11 484800010020 MARTIN GARY L 3 51934.56 587400020011 TAYLOR JACK AND 4 147510.06 587400020210 BAYDER RAYMOND G 1 44031.94 587900000300 DELUXE PROPERTIES 5 7668.69 5 87 900000900 WFP LTD 1 12242.66 587900010030 DELUXE PROPERTIES 1 5039.53 587900010040 DELUXE PROPERTIES 1 11275.25 587900010050 DELUXE PROPERTIES 6 391.52 588400000100 CALVARIO BAPTIST CHURCH 7 56677.38 TEXAS DEPT. OF TRANSPORTATION ARTURO ALMENDARIZ, SUPT. CALALLEN I.S.D. 4205 WILDCAT DR. 78410 NUECES ELECTRIC COOPERATIVE, INC. C/O FRANK WILSON P. 0. BOX 1032 ROBSTOWN, TEXAS 78380-1032 JENNELL RICHTER RECORD STAR P. 0. BOX 1192 ROBSTOWN, TEXAS 78380 J. PHIL BERRY WOODRIVER COMMUNITY ASSN. 10710 WESTWOOD DR. 78410 JAMIE DANIELS WOODRIVER HOMEOWNER'S ASSN. 4033 WOOD RIVER DR. 78410 60 Representative: RVE,Inc. P.O. Box 2927, 78403 4102 RIVER HILL 14317 NORTHWEST 14325 NORTHWEST 14241 NORTHWEST 14201 NORTHWEST 14342 FM RD 624 0 IM RD 624 el CO RD 69 14242 NORTHWEST 14242 NORTHWEST 14242 NORTHWEST 14358 NORTHWEST 1701 S.P.I.D. 78416 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-04 MTM Northwest. Inc, & MTM Northwest, Ltd. . - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None, II. Responses received from outside the 200-foot notification area: Favor; None, Opposition: None, III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None, H:\PLN-D1RIERMA \ WORD\COMMDA T A 1080 1-04COMMENTS.POC q ... Planning Commission Minutes August 15.2001 MTM Northwesl, Ine, & MTM Northwest, LId,: 0801-0~ REQUEST: "F.R" Farm.Rural District to "B-4" Gt:neral Business District on Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot 1. located on the south side of Northwest Boulevard (F.M. 624). apprOXllll"!elv 600 feet west of County Road 69. Mr. Saldana presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a 29.95-aere tract of farmland zoned an "F-R" District. Adjacent to the north and west, the area contains 18.67 acres of land that is zoned a "S-4" District and developed with a mixture of auto- related uses, mini-storage, landscape nursery and a spons gym. \Vest of the "B-4" District area, there are 485 acres of more farmland zoned an "F-R" District. Northwest from the subject property there is a 2.46-acre tract of land zoned an "AB" District and a 1.22-aere tract of land zoned a "B-4" District. The "AS" District area contains a church and the ;;B-4" District contains a veterinary clinic. Mr, Saldana said that the applicant has requested a "B-4" General Business District in order to develop a retail center. The subject property is located along an anerial. Northwest Boulevard. with no direct access to a local residential street. There are no existing residences abutting the subject propeny. The adjoining land to the south and east is being used as farmland. West of the subject property, the land is zoned a "B-4" District and developed with offices. barring cages, an athletic gym, and a landscape nursery. Approval of the "'8-4" District would be an expansion of the adjacent "8-4" District on the west and north. The subject property is also in the corridor that the North",est AreJ Development Plan recommends development \vi[h general commercial uses. With no abutting residences, the impact of expanding the "B-4" District would be minimal on the surrounding area. The Northwes! Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use, Staff recommends approval. There were seven (7) notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter, seconded by Pusley, to forward a recommendation of approval to City Council. Motion passed with Sween-McGloin being out of the room and Berlanga, Salazar, and Zamora being absent. /0 . w AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MTM NORTHWEST, INC. AND MTM NORTHWEST LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 3.50 ACRES OUT OF LOT 1, SECTION 2, NUECES RIVER IRRIGATION PARK, FROM "F-R" FARM- RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. PLANNING COMMISSIOf\ AND STAFF'S RECOMMENDA TION APPLICANT'S REQUEST WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of MTM Northwest, Inc. and MTM Northwest, Ltd, 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 3,50 acres out of Lot 1, Section 2, Nueces River Irrigation Park, located on the south side of Northwest Boulevard (F,M, 624), approximately 600 feet west of County Road 69, from "F-R" Farm-Rural District to "B-4" General Business District. Metes and bounds description is attached as Exhibit A SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance, SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. IILEGALlLA\MLEG- 0IRIOOYLEOCURTISIMYOOCSI2001IP&ZOR0011Z0NING,ORDlOOYLECI2001120801 04A.OOC II J 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 18th 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 12 September, 2001 By: , urtis ssistant City Attorney IILEGALILA\N\LEG- DIRIDOYLEDCURTISIMYDOCS12001 IP&ZORD01\ZONING,ORDlDOYLECI2001\Z0801 04A.DOC IL - tJKol -0/1 July 16,2001 583-0 I 036 PROPERTY DESCRIPTION STATE OF TEXAS COUNTY OF NUECES Field notes of a 3.500 acre tract out of a 9,808 acre tract, Said 9,808 acre tract being out of the West 113 of the East 3/4 of Lot One (I), Section Two (2), Nueces River Irrigation Park, a subdivision in the City of Corpus Christi, Nueces County, Texas, as shown by map or plat, recorded in Volume "A", Page 54, Map Records of Nueces County, Texas, and by deed recorded in Volume 595, Page 358, Deed Records, Nueces County, Texas, and said 3,500 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found on the south line of said Lot I, Section 2, at the southeast comer of Lot 2, Block I, :-Jartin Plaza, as shown by map, recorded in Volume 58, Page 75. Map Records of Nueces County, Texas, also the southwest corner of said 9.808 acre tract; THENCE N 09055'00" E along the east line of said Lot 2, Block I, Martin Plaza and west line of said 9,808 acre tract, a distance of987,73 feet to a point for the BEGINNING POINT and southwest comer of said 3,500 acre tract; THENCE N 09055'00" E along the east line of said Lot 2 and Lot I, Martin Plaza and west line of said 9.808 acre tract and 3.500 acre tract, a distance of 532.49 feet to a 5/8" iron rod found on the south right-of-way line of FM 624 at the northeast comer of said Lot I, Block I, Martin Plaza for the northwest comer of said 9,808 acre tract and the northwest comer of said 3,500 acre tract; THENCE S 84010'18" E along the south right-of-way line ofFM 624, and north line of said 9,808 acre tract, a distance of 281.73 feet to a 5/8" iron rod set for the northeast comer of said 9,808 acre tract and northeast comer of said 3,500 acre tract; I... EXHIBIT A PAGE 1 OF -- T Property Descripllon July 16,2001 Page Z THENCE S 09055'00" W along the east line of said 9,808 acre tract and east line of said 3.500 acre tract, a distance of 552,58 feet to a point for the southeast corner of said 3.500 acre tract: THENCE N 80005'00" W, a distance of 281.01 feet to the BEGINNING POINT and containing 3.500 acres, more or less. Prepared by: r RYE, Inc. Julv 16. 2001 /~ EXHIBIT P. PAGE 2 OF 19 '--y T " AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City CouncIl Action Date: September 18,2001) Case No. 0801-06, ONAC Developers: A change of zoning from an "R-IB" One-family Dwelling District to a "B-1" Neighborhood Business District on Gardendale No.2, Block I, being the north 179 feet of Lot 34, located approximately 125 feet north of Curtis Clark Drive, approximately 165 feet east of Everhart Road. Planninl! Commission and Staff's Recommendation (08/15/01); Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for a parking lot subject to a site plan and six (6) conditions. Requested Couucil Action: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a parking lot subject to a site plan and six (6) conditions and adoption of the attached ordinance. Purpose of Reauest: For single-family and parking lot. Summary: The applicant has requested a change of zoning from an "R-IB" One-family Dwelling District to a "B-1" Neighborhood Business District in order to develop the rear portion of an existing single-family zoned lot with a parking lot for the adjacent restaurant, Taqueria Jalisco, to the west. The applicant intends to retain the existing single-family residence fronting on Curtis Clark Drive. Access to the proposed parking lot will have access to Everhart Road through the adjacent restaurant's property and no access 10 Curtis Clark Drive. Throughout the years, there have been several requests to encroach into the Gardendale area. South of the subject property, along the south side of Curtis Clark Drive and also along the south side of Bonner Street, these properties had requested a change of zoning to a "B-1" District for parking lols. In both instances, the "B-1" District was denied, but a Special Permit for parking was granted. A "B-1" District would not be appropriate at this time because of the existing adjacent single-family residences to the north, south and east. A Special Permil for the off-street parking lot would afford more protection to the nearby residences through screening and landscaping. Since a screening fence will be required on three (3) sides, access to Curtis Clark would not be available. Lighting of the parking lot would not be allowed unless the lights were at or below the height of the screening fence. Allowing standard parking lot lighting on the subject property could adversely impact the adjacent residences with the light spilling over. The parking would also be tied to the restaurant property that fronts on Everhart Road. Proposed Conditions: The Planning Commission and Staff recommend the following conditions: I) USES: The only use authorized by this Special Permit other than those uses permitted by righl in the "R-IB" One-family Dwelling District is an off-street parking lot, The parking lot's use is limited to the business that fronts on and has direct access to Everhart Road. 2) ACCESS: Access to Curtis Clark Drive from the subject property is prohibited. 3) SCREENING: A standard screening fence wilh a height of nol less than six (6) feel must be provided along the north, south, and east boundary lines. The screening fence must be installed within thirty (30) days after parking lot is constructed. 4) LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence. All landscaping must be kept in a healthy, growing condition at all times and must be installed within thirty (30) days after the parking lot is installed, An irrigation system must be provided for the landscaping. , ~ Agenda Memorandum Case No. 0801-06 (ONAC Developers) Page 2 5) LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. 6) TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of lhis ordinance unless the property is being used as outlined in condition # 1, obtained proper building and landscaping permits, and in compliance with all other conditions and City rules and regulations. Aoolicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of this memorandum, nineteen (19) notices were mailed to the property owners within a 200-foot radius, of which four (4) were returned in favor and none in opposition. The 20% rule is not in effect, ~/~~~? \ Michael N. Gunning, AICP Director of Planuing MGIMSler Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances Pages Page Pages Pages 3-10 11 12-13 14-21 H:\PLN,DIR\ERMA \ WORD\AGENDM EM\080 I-06AGENDAMEMO.OOC T w CITY COUNCIL ZONING REPORT Case No.: 0801-06 Planning Commission "earine Date: August 15.2001 Map No.: 90-12 (HIM) Applicant: ONAC Developers Leeal DescriptionfLocation: Gardendale No.2. Block L being the north 179 feet of Lot 34. located approximately 125 feet north of Curtis Clark Drive, approximately 165 feet east of Everhart Road. Area of Request: 0,27 acre (11,814 square feet) Lotls) Area; 0.455 acre (19,800 square feet) Current Zonine: "R-IB" One-family Dwelling District Request: "B- I" Neighborhood Business District Current Use of Property: Single-family residence, Purpose of Request: For single-family and parking lot. Zoning Change Requested Due to Notice of Violation: Not applicable, Adiacent Zonine: North - "B-IA" Neighborhood Business District South, East - "R-IB" One-family Dwelling District West - "B-1" Neighborhood Business District Adiacent Land Use: North, South, East - Single-family residences. West - Restaurant and office building, c.J . Zoning Report Case No. 0801-06 (ONAC Developersl Page 2 Number of Residential Units Allowed: "R-IB" - I unit (7.26 dwelling units per acre) "B-1" - 9 units (36.30 dwelling units per acre) Estimated Traffic Generation: Parking lot - :2 average weekday vehicle trip ends per parking space x 39 parking spaces = 78 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Curtis Clark Drive - local b) Everhart Road - arterial Rieht-of-Wav Oesien Current: a) 50-foot right-of-way with a 28-foot back-to-back paved section. b) 80-foot right-ot~way with a 62-foot back-to-back paved section, Planned: a) Same as current. b) Same as current. 1996 Traffic Count (24-hour, weekdav, non-directional): a) None available, b) 32,890 vehicles per day. Zonine: Historv of Property: There has been no rezoning activily within the past five (5) years, Recent Surroundine: Zonine: Cases: In November 1990, Ihe northwest comer of Curtis Clark Drive and Everhart Road, west of Ihe subject property, was denied a change of zoning from a "B-1" District to a "B-4" District. In December 1990, Lot I B, located on the east side of Everhart Road and northwest of the subject property, was granted a change of zoning from an "AB" District to a "B-4" District. .y -~--. - Zoning Repon Case No. 0801-06 (ONAC Developers) Page 3 In January 1991, Lot I A, located on Ihe southeast comer of Corona Drive and Everhart Road and northwest of the subject property, was granted a change of zoning from an "AB" District to a "B-4" Dislrict. In December 1991, Lot 3, located on the south side of Curtis Clark Drive, east of Everhart Drive and soulh of the subject property, was denied a change of zoning from an "R- I B" District to a "B- I" District. but was granted a Special Permit for a parking lot. In March 1993, Lots 6 through 10, localed on the north side of Williams Drive, east of Everhart Road and north of the subject property, were granted a change of zoning from an "R- IB" District to a "B-4" District. In July 2000, the properties along Williams Drive between Everhart Road and S, Staples Street, adjacent to the north of the subject property, were granted a change of zoning from an "R-IB" District to a "B-IA" District. Zonine Inventorv: The subject property is part of a larger area containing 2 I 7.46 acres of land zoned an "R-IB" District and developed predominantly wilh single-family residences, Adjacent to the north and extending east, there are 47,09 acres ofland zoned a "B- IA" District and developed mostly with single-family residences, but does contain some offices and vacant land, Adjacent to the west, the area is zoned a "B-1" District, contains 11,22 acres and is developed with a mix of offices, restaurants and retail uses, Northwesl from the subject property, there are 609,79 acres ofland zoned a "B-4" District also developed with office commercial uses. Plan nine Staff Analvsis: · General Characteristics and BackQround: The applicant has requested a change of zoning from an "R-IB" One-family Dwelling Dislrict to a "B-1" Neighborhood Business District in order to develop the rear portion of an existing single-family zoned lot with a parking lot for the adjacent restaurant, Taqueria Jalisco, to the west. The applicant intends to retain the existing single-family residence fronting on Curtis Clark Drive. Access to the proposed parking lot will have access 10 Everhart Road through the adjacent restaurant's property and no access to Curtis Clark Drive, TIrroughout the years, there have been several requests to encroach into Ihe Gardendale area. South of the subject property, along the south side of Curtis Clark Drive and also along the south side of Bonner Street, these properties had requested a change of zoning to a "B-1" District for parking lots, In both instances, the "B- I" District was denied, but a Special Permit for parking was granted. A "B-1" District would not be appropriate al this lime because of the existing adjacent single-family residences to the north, south and east. A Special Permit for the off-street parking lot would afford more prolection 10 the nearby residences through screening and landscaping. Since a screening fence will be required on three (3) sides, access to Curtis Clark would not be available. Lighting of the parking lot would not be allowed unless the lights were at or below ..s- . Zoning Repon Case No. 0801-06 (ONAC Developers I Page 4 the height of the screening fence, Allowing standard parking lot lighting on the subject property could adversely impact the adjacenl residences with the light spilling over. The parking would also be tied to Ihe restauranl property that fronts on Everhart Road, . Conformity to the Comprehensive Plan and Land Use Comoatibility: OveralL the Comprehensive Plan Elemenls cannot be supportive of the requested "B-1" District. The Southside Area Development Plan's (SSADP) adopted future land use map recommends the area to develop with low-density residential uses, The Gardendale Plan that allows the expansion of nonresidential uses for a distance of not more than 300 feet from the Everhart Road right-of-way amended the SSADP, The requested "B-1" District is consistent with the amended Plan's recommended land use. . Potential Housing Density: The "R-IB" District permits a density of7,26 dwelling units per acre or I dwelling unit on the subject property. The "B-1" District permits a density of 36.30 dwelling units per acre or nine (9) unils on the subject property, The increase in density may impact Ihe adjacent residenlial properties, . HeightlBulkJSelbackslEtc.: The "R-IB" DistricI requires a front yard setback of25 feet with a side and rear yard setback of five (5) feet each, The "B-1" District requires a front yard setback of twenty (20) feet wilh no required side or rear yard setback unless adjacent to a residential district where a setback of len (10) feet is required, If a "B-1" District is approved, a I O-foot setback will be required along the south and east property lines, Both the "R-IB" and "B-1" Districts limit the building height to 35 feet not to exceed three (3) stories, . Silmage: Signs in the "R-IB" District are limited to one wall sign not to exceed an area of one square foot. Wall signs in the "B-1" District are unlimited as to size and number. The permitted freestanding signs in the "B-1" District are limited to one sign with an area of forty (40) square feet and a height of twenty (20) feet. . Traffic: The proposed parking lot is estimated to contain 39 parking spaces that would account for up to 78 daily trip ends, This amount of traffic generation will not adversely impacI the arterial, Everhart Road, that will be used by the subject property, . Parking/Screening: A parking lot will provide 39 additional parking spaces for the existing restaurant, Taqueria Jalisco, adjacent to the west. A standard screening fence with a height of not less Ihan six (6) feet is required when a business or industrial use locates adjacent to a residential district. If the rezoning approved, a screening fence will be required along the south and east property lines. With a Special Permit, a screening fence can be required along Ihe north property line to prolect the existing residence in the "B-IA" Neighborhood Business District. . Costs to City: All of the infrastructure required to serve the subject property is available and no costs to the City are anticipated, ~ --, r Zoning Report Case No. 0801-06 (ONAC Developers) Page 5 . Platting: The subject property is a portion of a platted lot under common ownership and further replatting is not required. It is the applicant's intent to sell the subject property to the abutting reSlaurant al which lime a replat will be required, Pros: (Ideas in support of the request.) a) The subject property is within the 300-foot area of Everhart Road that the Southside Area Development plan recommends for commercial. b) The proposed parking expansion for the restaurant is consistent with similarly located properties along Everhart Road, Cons: (Ideas in support of maintaining the current zoning.) a) The requested "B-1" District is not consistent with the Southside Area Development Plan's adopted future land use map, b) The proposed parking lot use can be permitted through a Special Permit. Staff Recommendation: Denial of the "B- I" District. and in lieu thereof, approval of a Special Permit subject to a site plan and the following conditions: I, USES: The only use aUlhorized by this Special Permit other than those uses permitted by right in the "R-l B" One-family Dwelling DistricI is an off-street parking lot. The parking lot's use is limited to the business that fronts on and has direct access to Everhart Road, 2. ACCESS: Access to Curtis Clark Drive from the subject property is prohibited, 3, SCREENING: A standard screening fence with a height of not less than six (6) feet must be provided along Ihe north, south and east boundary lines, The screening fence must be installed within thirty (30) days after the parking lot is constructed. 4, LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence. All landscaping must be kept in a healthy, growing condition at all times and must be installed within thirty (30) days after the parking lot is installed, An irrigation system must be provided for the landscaping, 5. LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. 7 T ~ Zoning Report Case No. 0801-06 (ONAC Developersl Page 6 6, TIME LIMIT: This Special Permit 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, obtained proper building and landscaping permits, and in compliance with all other conditions and Cily rules and regulations. Attachments: Zoning and Ownership Map Ownership List H:\PLN-DlR\ERMA \ WQRD\ZONRPTS\080 1-06CCREPORT.doc ! 1 w _.~.-_.__. }' ~ ""1v0n.. ~S}'.~ ""v~ '!Iv}' 8-4 o ~( "'^'}' "''''~ 'Iv, <:(,'" l " A8/ l SP/ B6-0 . - Property Owner in Favor " x Property Owner Opposed " on See Comments on Pagels) II ~ ~ Aug B, 2001 - RP o 100 200 300 ~ i CASE Z0801-06 ~ G:J Subject property Ow .th'. 200 feet listed on attached ownership l;~ ners WI 1 If) ~+ p ;>>;{.f:') q . . - OWNERSHIP LIST CASE NO. 0801-06 Applicant: ONAC Developers P.O. Boa 271201,78427 1 270900010030 MAYAN SUN ENTERPRISES, LT 4813 WILLIAMS 2 270900010040 AMBRIZ EUSEBIO R 4817 WILLIAMS 3 270900010050 LUNA MARIA 4821 WILLIAMS 4 270900010060 MCCAUGHAN GENE R AND 4825 WILLIAMS 5 270900010070 MITCHELL, ROBERT R 4831 WILLIAMS 6 270900010300 LUGO NELSON B ETUX 4830 CURTIS CLARK 7 270900010310 WILSON IRENE LOIS 4826 CURTIS CLARK 8 270900010320 GONZALES DIANA A & REYNOL 4822 CURTIS CLARK 9 270900010330 HERMIS W L ET UX 4818 CURTIS CLARK 10 270900010340 REBECEK MARCUS F ET UX 4814 CURTIS CLARK 11 270900080010 DELUXE PROPERTIES 5402 EVERHART 11 270900080030 DELUXE PROPERTIES 4813 CURTIS CLARK 12 270900080040 RAMIREZ MARIA G 4817 CURTIS CLARK 13 270900080050 DE LOS SANTOS JOEL ETUX 4821 CURTIS CLARK 14 270900080060 BUSKIRK EUGENE A 4825 CURTIS CLARK 15 748400000010 BUNDICK TIMOTHY W 5346 EVERHART 16 748400000030 SA -GU CORPORATION 5334 EVERHART 17 748400000050 CNL INCOME FUND IV LTD 5330 EVERHART 18 748400000080 NG C ALLAN 5314 EVERHART 19 TEXAS DEPT. OF TRANSPORTATION 1701 SPID 78416 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 78403 COMMENTS RECEIVED FROM NOTICES MAILED Case No, 0801-06 ONAC Developers . - FAVOR X - OPPOSED (Note; The listed numbers correspond to the attached map.) L Notices returned from within the 200- foot notification area: Favor: 04) Lorna T. McCaughan, 4825 Williams Dr. No written comment. 09) W. L. Hennis, 7610 Montereau No written comment. 10) Marcus F, Rebecek, 4814 Curtis Clark No written comment. 13) Joel De 10s Santos, 4821 Curtis Clark No written comment. Ooposition: None. II. Responses received from outside the 200-foot notificalion area: Favor: None. OPPosilion: None, III. Responses received from owners/applicants of subject area: Favor: None, Ooposition: None, H,IPLN-OIRIERMA I WORDICOM MDA T A 1080 1-06COMMENTS.DOC II --'..T - Planning Commission Minutes August 15,200 I ONAC Developers: 0801-06 REQUEST: uR.] B" One.family' D\\ elling District to "B.\" Neighborhood Business District on Gardendale No.2, Block I. being the north 179 feet of Lot 34. located approximately 125 feet north of Curtis Clark Drive. approximately 165 feet east of Everhart Road. Mr. Saldana presented a computerized slide illustration of the subject propem' and the surrounding area. The subject property is part of a larger area containing 217A6 acres of land zoned an nR_l B" District and developed predominantly with single-family residences. Adjacent to the north and extending east. there are 47.09 acres ofland zoned a "B-IA" District and developed mostly with single-family residences, but does contain some offices and vacant land. Adjacent to the west, the area is zoned a "B-1" District, contains 11.22 acres and is developed with a mix of offices, restaurants and retail uses. Northwest from the subject property, there are 609.79 acres of land zoned a "B-4" District also developed with office commercial uses. Mr. Saldana said that The applicant has requested a change of zoning from an "R-IB" One-family D\velling District to a "B-1" Neighborhood Business District in order to develop the rear portion of an existing single-family zoned lot with a parking lot for the adjacent restaurant, Taqueria Jalisco, to the west. The applicant intends to retain the existing single-family residence fronting on Curtis Clark Drive. Access to the proposed parking lot will have access to Everhart Road through the adjacent restaurant's property and no access to Curtis Clark Drive. Throughout the years, there have been several requests to encroach into the Gardendale area. South of the subject property, along the south side of Curtis Clark Drive and also along the south side of Bonner Street, these properties had requested a change of zoning to a "B-\" District for parking lots. In both instances. the "B-1" District was denied, but a Special Permit for parking was granted. A .'B-I ,. District would not be appropriate at this time because of the existing adjacent single-family residences to the north. south and east. A Special Pennit for the off-street parking lot \vould afford more protection to the nearby residences through screening and landscaping. Since a screening fence will be required on three t3) sides. access to Curtis Clark would not be available. Lighting of the parking lot would not b~ allowed unless the lights were at or below the height of the screening fence. Allowing standard parking lot lighting on the subject property could adversely impact the adjacent residences with the light spilling over. The parking would also be tied to the restaurant property that fronts on Everhart Road. The Gardendale Plan that allows the expansion of nonresidential uses for a distance of not more than 300 feet from the Everhart Road right-of-way amended the SSADP. The requested "B-1" District is consistent with the amended Plan's recommended land use. Therefore. Staff recommends Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit subject to a site plan and the following conditions: I. USES: The only use authorized by this Special Permit other than those uses permiued by right in the "R-I B" One-family Dwelling District is an off-street parking lot. The parking lot's use is limited to the business that fronts on and has direct access to Everhart Road. 2. ACCESS: Access to Curtis Clark Drive from the subject property is prohibited, 3. SCREENING: A standard screening fence with a height of not less than six (6) feet must be provided along the north, south and east boundary lines. The screening fence must be installed \vithin thirty (30) days after the parking lot is constructed. 4. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence. All landscaping must be kept in a healthy. growing condition at aU times and must be installed within thirty (0) days atter the pl1rking lot is installed. An irrigation system must be provided for the landscaping. 5. LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. /1, .'-'1 I Planning Commission Minutes August 15,2001 Case No. 0801-06 (ONAC Developers) Page :2 6. Tl'>IE LIMIT: This Special Permit 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 # I, obtained proper building and landscaping permits, and in compliance with all other conditions and City rules and regulations. There were 19 notices mailed to property owners within a 200-foot radius of which four (4) were returned in favor and none were returned in opposition. Vice Chairman Mims opened the public hearin~. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Richter, Mr. Saldana said that the parking lot would not have access onto Curtis Clark Drive. The parking lot is intended to be used by Taqueria Jalisco patrons only. Motion by Pusley, seconded by Sween-McGloin, to forward a recommendation of approval to City Council. Motion passed with Berlanga, Salazar. and Zamora being absent. IJ . ..." ., PLANNING COMMISSION AND STAFF'S RECOMMENDA TION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ONAC DEVELOPERS, BY CHANGING THE ZONING MAP IN REFERENCE TO NORTH 179 FEET OF LOT 34, BLOCK 1, GARDEN DALE NO.2, (CURRENTLY ZONED "R-1 B" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of ONAC Developers 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 15, 2001. during a meeting of the Planning Commission, and on Tuesday, September 18, 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 parking lot on the north 179 feet of Lot 34, Block 1, Gardendale No, 2 (currently zoned "R-1 B" One-family Dwelling District), located approximately 125 feet north of Curtis Clark Drive and approximately 165 feet east of Everhart Road. Metes and bounds description is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following six (6) conditions: 1, USES: The only use authorized by this Special Permit, other than those uses permitted by right in the "R-1 B" One-family Dwelling District, is an off-street parking lot. The parking lot's use is limited to the business (currently Taqueria Jalisco) that fronts on and has direct access to Everhart Road and which is located on Lots 5, 6, and 7, Roper, which abut the subject property, 2, ACCESS: Access to Curtis Clark Drive from the subject property is prohibited. IILEGALlLAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING,ORDlDOYLEC\2001120801 OBA.DOC PI --",. - " . Page 2 of 4 3, SCREENING: A standard screening fence with a height of not less than six (6) feet must be provided along the north, south, and east boundary lines. The screening fence must be installed within thirty (30) days after the parking lot is constructed. 4. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence, All landscaping must be kept in a healthy, growing condition at all times and must be installed within thirty (30) days after the parking lot is installed, An irrigation system must be provided for the landscaping, 5. LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. 6, 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 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 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. \\LEGALIlA'MLEG- DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01\ZONING,ORDIDOYLEC\2001\ZOB0106A.DOC /,r - Page 3 of4 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 18th 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 12 September, 2001 James R. Bray, Jr. :: ~~ (!uJtf:: Doyle D urtis Senior Assistant City Attorney IILEGALILAW\LEG- DlRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING.ORDlDOYLEC\20011Z0801 06A.DOC 14, r - ~ ,. FROM : DUKE FJELD SERVICES FI'lX tn 3513851.'1855 31 21.'11.'11 1.'12:45PM P2 O,ftJl-CC; STATE OF TEXAS COUNTY OF NUECES A DESCRlPTION OF A 0,2712 ACRE TRACT OF LAND OUT OF LOT 34, BLOCK I, GARDENDALE NO, 2 RECORDED IN VOLUME 8, PAGE 38, MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULAR!. Y DESCRIBED AS FOUOWS: COMMENCING AT THE COMMON CORNER OF SAID LOT 34 AND LOT 1, ROPER SUBDMSION RECORDED IN VOLUME 13, PAG!: 37, MAP RECORDS, NUECES COUNlY, TEXAS, SAID POINT BEING ON mE NORTIiERLY RIGHr'()F-WAY LINE OF CURTIS CLARK; - - TIiENCE. ALONG THE COMMON BOUNDARY LINE OF SAID LOT 34 AND ROPER SUBDMSION, N 28059'20" E, 151.00 FEET TO A POINT, FOR THE POINT OF BEGINNING AND A CORNER OF THIS TRACT; THENCE, CONTINUING ALONG SAID COMMON BOUNDARY LINE, N 28059'20' E, 179,00 FEET TO A POINT, SAID POINT BEING mE COlvIMON CORNER OF LOT 34 AND LOT 3, SAID BLOCK I, GARDENDALE NO, 2, FOR A CORNER OF THIS TRACT; THENCE. ALONG THECOMMON BOUNDARY LINE OF SAID LOT 34 AND LOT 3, S 61000'40" E, 66.00 FEET TO A POINT, SAID POINT BEING mE COMMON CORNER OF LOT 34 AND LOT 33, SAID BLOCK. 1, GARDENDALE NO, 2, FOR A CORNER OF TInS TRACT, TIiENCE, ALONG THE COMMON BOUNDARY LINE OF LOT 34 AND LOT 33, S 28'59'20' W, 179,00 FEET TO A POINT, FOR A CORNER OF TITIS TRACT; mENCE, N 61'00'40" W, 66_00 FEET TO mE POINT OF BEGINNING. :'".... ." cONTAlNING: 0.2712 ACRES, MORE OF LESS, NOTE: NOT SURVEYED ON THE GROUND TAQUERIAJAUSCO,FND3 EXHIBIT A /7 . TAQUER.IA JAL ISC.= _ ,( Eo ::.:..~ -"''=-!<.- ~i j \-- , ~ r \ -. .< --- , ---"'..;r S.::::ZE=~" , , r. I : ~ . Ix I ,;)l I; x I' , ~~ 0'" l~ ~ -, I" .X i-' :x - ,-; :1 1:';0: , ~ I"" I ~ I ( i~I~~: Lo, 34 \ CURTIS CLARK DR. '5~Al..~'. 1":40' o fa /-04, :; :::'.;;""GE \ , \ \ ONA C ",=,ave:L..oPI"!.~~ :::7....CZD~NCA.l...&: 2) E~o~K ;J /7<;1' LoT 34 " ' EXHIBIT B IJ APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ONAC DEVELOPERS, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NORTH 179 FEET OF LOT 34, BLOCK 1, GARDEN DALE NO.2, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "B-1" 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 ONAC Developers 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 north 179 feet of Lot 34, Block 1, Gardendale No.2, located approximately 125 feet north of Curtis Clark Drive and approximately 165 feet east of Everhart Road, from "R-1 BM One-family Dwelling District to "B-1" Neighborhood Business District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance, SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance, IILEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING,ORDlDOYLEC\20011Z080106B,DOC Ie 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 18th 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 12 September, 2001 James R. Bray, Jr. :;r:~(}~ 'Doyle 0 urtis Senior Assistant City Attorney IILEGALILAWlLEG- DlRIDOYLEDCURTISIMYDOCSI2001IP&ZORD01 IZONING.ORDlDOYLECI20011Z0801 06B.DOC ::t.o FROM : DUKE FIELD SERVICES F~X NO, 3519850866 31 2001 D2:45PM P2 ",fo/-cer STATE OF TEXAS COUNTY OF NUECES A DESCRIPTION OF A 0.2712 ACRE TRACT OF LAND our OF LOT 34, BLOCK 1, GARDENDALE NO.2 RECORDED IN VOLUME 8, PAGE 38. MAP RECORDS, NUECES COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT TIm COMM.ON CORNER OF SAID LOT 34 AND LOT 1. ROPER SUBDMSION RECORDED m VOLUME 13. PAGE 37, MAP RECORDS, NUECES COUNTY. TEXAS, SAID POINT BEING ON THE NORTI1ERLY RIGHT-OF-WAY LINE OF CURTIS CLARK; - . TIffiNCE., ALONG TME COMMON BOUNDARY LINE OF SAID LOT 34 AND ROPER SUBDMSION. N 28'59'20. E, 151.00 FEET TO A POINT. FOR TIrE POINT OF BEGINNING AND A CORNER. OF TInS TRACT; THENCE., CONTINUING ALONG SAID COMMON BOUNDARY LINE, N 28.59'20. E, 179,00 FEET TO A POINT, SAID P01NT BEING THE COMMDN CORNER OF LOT 34 AND LOT 3, SAID BLOCK I. GARDENDALE NO, 2. FOR A CORNER OF THIS TRACT; TIffiNCE., ALONG THE COMMON BOUNDARY LINE OF SAID LOT 34 AND LOT 3, S 61.00'40. E, 66,00 FEET TO A POINT, SAID POINT BEING THE COMMON CORNER OF LOT 34 AND LOT 33, SAID BLOCK 1. GARDENDALE NO, 2, FOR A CORNER OF TInS lRACf, TIffiNCE, ALONG THE COMMON BOUNDAR Y LiNE OF LOT 34 AND LOT 33, S 28.5'9'20" W, 179.00 FEET TO A POINT, FOR A CORNER OF TITIS TRACf; 'tHENCE, N 61'00'40" W, 66.00 FEET TO mE POINT OF BEGINNING. ...... ::---.' ." cONTAINING: 0.2712 ACRES. MORE OF LESS, NOlE: NOT SURVEYED ON THE GROUND TAQUERWALISCO,FND3 EXHIBIT '2../ 20 ~.------.. .. - AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Councll Action Date: September 18,2001) Case No. 0801-07, Emilio Cano: A change of zoning from a "B-4" General Business District to an "R-IC" One-family Dwelling District on Bohemian Colony Lands, Section 7, being 6.4 acres out of Lot 8, located approximately 150 feet south of Holly Road, approximately 150 feet east of Victor Lara Ortegon Street. Planninl! Commission and Staff's Recommendation (08/15/01 ): Approval of the "R-IC" District. Requested Council Action: Approval of the "R-IC" One-family Dwelling District and adoption of the attached ordinance. Puroose of Reauest: To develop single-family residences. Summary: The applicant has requested a change of zoning from an "A-I" Apartment House District and a "B-4" General Business District to an "R-IC" One-family Dwelling District in order to develop the area with single-family residences. The proposed single-family development would be an extension of the Cano Place single-family uses adjacent to the west. Access to the subject property would be from the adjacent streets, El Monte and Modesto Streets. Aoolicant's Position: The applicant concurs with Planning Commission's recommendation. 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 one (I) was returned in favor and none in opposition, The 20% rule is not in effect. ~/1J.~/ Michael N. Gunning, AICP Director of Planning MGIMS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances Pages Page Page Pages 2-9 10 11 12-14 H:\PLN-DIRIERMA I WORDlAGENDMEMI080 1-07 AGENDAMEMO.DOC T CITY COUNCIL ZONING REPORT Case No.: 0801-07 Planning Commission Hearin\!: Date: August 15,2001 Map No.: I 14C,D/89-3 Applicant: Emilio Cano Le\!:al Description/Location: Bohemian Colony Lands, Seclion 7, being 6.4 acres out of Lot 8. located approximately 150 feet south of Holly Road, approximately 150 feet east of Victor Lara Ortegon Street. Area of ReQuest: 6.4 acres Lot(s) Area: Same as above, Current Zonin\!:: "A-I" Apartment House District and"B-4" General Business District Reauest: "R-IC" One-family Dwelling District Current Use of Propert'\': Undeveloped land, Purpose of Reauest: Develop single-family residences, Zoning Change Requested Due to Notice of Violation: Not applicable, Adiacent Zonin\!:: North - (across Holly Road) "1-2" Light Induslrial District South - (across drainage ditch) "R-IC" One-family Dwelling District East - "A-I" Apartment House District and "B-4" General Business District West - "R-IC" One-family Dwelling Dislrict z... 1 I Zoning Report Case No. 0801-07 Page 2 Adiacent Land Use: North - (across Holly Road) Turbine works facility, South - (across drainage ditch) Head Start Educational Center West - Single-family residences. Number of Residential Units Allowed: "A-I" '''B-4'' "R-IC" - 43 units (21.78 units per acre on 2 acres) - I 59units (36,30 units per acre on 4.4 acres) - 61units (9.68 units per acre) Estimated Traffic Generation: Single-family residence - 10 average weekday vehicle trip ends per dwelling unit x 61 dwelling units = 610 average weekday vehicle Irip ends, Adiacent Streets/Classification: a) Holly Road - arterial Rieht-of-Wav Desien Current: a) 40-foot right-of-way wilh a 19-foot rural paved section. Planned: a) 90-foot righl-of-way with a 66-fool back-to-back paved section, 1996 Traffic Count (24-hour, weekdav, non-directional): a) 3,040 vehicles per day (al Greenwood Drive). Zonine History of Property: In October 1992, the north three-fourths ('I.) of the subject property was part of a City initiated rezoning from an "1-2" District to a "B-4" District in order to bring the area in compliance with the adopted area development plan, " T Zoning Report Case No. 0801-07 Page 3 Recent Surroundine: Zonine: Cases: In February 1999, 8.45 acres of land west to the subject site was granted a change of zoning from "A-I" Apartmenl House District and "B-4" General Business District to a "R-lC" District for single- family homes. Zonine: Inventorv: The north three-fourths (%) of the subject property is part ofa tract ofland zoned a "B-4" District that contains 22,68 acres and remains undeveloped, The south one-fourth (V.) of the subject property is part of another tract of land zoned an "A-I" District containing 8,65 acres which remain undeveloped, North of the subject property is 8,45 acres ofland zoned an "1-2" District of which three-fourths ('I.) are developed with industrial uses and the remaining one-fourth (V.) is undeveloped, South of the subject property is an area zoned an "R - I C" District encompassing 5 1.42 acres, West ofthe subject property, extending past Greenwood Drive, is an area zoned an "R-lB" District developed with single-family residences. Plannine: Staff Analvsis: . General Characteristics and Background: The applicant has requested a change of zoning from an "A-I" Apartment House District and a "B-4" General Business District to an "R-IC" One- family Dwelling District in order 10 develop the area with single-family residences, The proposed single-family development would be an extension of the Cano Place single-family uses adjacent to the west. Access to the subject property would be from the adjacent streets, EI Monte and Modesto Streets, . Conformity to the Comprehensive Plan and Land Use Compatibility: Overall the Comprehensive Plan Elements are supportive of the proposed "R-IC" District. The Westside Area Development Plan future land use map indicates medium-density residential land use for this property. A "R -I C" District is consistent with the residential designation. . Potential Housing Density: An "A-I" District permits a density of21,78 units per acre or 43units on 2. acres of the subject property. The "B-4" District permits a density of36.30 units per acre or 159 units on 4,4 acres ofthe subject property. An "R-IC" District permits a density of9,68 units per acre or 61 units on the subjecI property. . HeightlBulk/Setbacks/Etc.: Development in an "R-l C" District requires a front yard setback of 20 feet, side and rear yard selbacks of 5 feet each, and a height limitation of 26 feet, not to exceed 2 stories, The "A-I" and "B-4" Districts require a front yard setback of 20 feet. In an "A-I" District, a side and rear yard setback of 5 feet each for single-family or duplex uses or 10 feet each for the first floor plus an addilional 5 feet for each additional floor for multiple-family uses, This district limits the heighl to 45 feet. not to exceed 3 stories. The "B-4" District has no 1- )I" Zoning Report Case No. 0801-07 Page 4 side or rear yard setbacks or height limitations, However, if nonresidential development is adjacent to residential zoning, a setback of 10 feet from that residential zoning is required, . Signage: An '"R-I C" District permits one wall sign, not to exceed one square foot. Freestanding signs are not permitted except for schools and churches, The "'8-4" District permits unlimited wall signs. In this district. freestanding signs within the 20-foot front yard setback are limited to one sign per street frontage with each sign not to exceed an area of 40 square feet or a height of 25 feet. However, freestanding signs located behind the 20- foot front yard setback are unlimited as to size, height, or number. As an "'A- I District, the subject property would be permitted one wall sign not to exceed 30 square feet. . Traffic: Development of the subject property with single-family residences could generate approximately 6 I 0 vehicle trip ends. The development of the subject property under its current zoning could generate approximately 2,020 vehicle trip ends; 1,590 trip ends from the "'8-4" DistricI and 430 trip ends from the "'A-I" District. The 610 vehicle trip ends would be a 70% reduclion in potential traffic from Ihe subject property. . Parking/Screening: The Zoning Ordinance requires 2 parking spaces for each dwelling unit containing 2 bedrooms or more, If the subject property were developed with a business use, a standard screening fence would be required along the north and east property lines. If the subject property develops with residential uses, a screening fence is not required, . Costs to City: Extension of El Monte and Modesto Streets and the installation of the water and sewer lines will be the responsibility of the developer as part of the Platting Ordinance requirements, There are no anticipated costs to the City. . Platting: A subdivision plat has been submitted for Slaff review, Pros: (Ideas in support of the request.) a) The proposed "'R-IC" DistricI would be an expansion of the "'R-IC" District adjacent to the south, b) Approval of the "'R-lC" District would eliminate the potential conflicts between the existing residential and potential commercial uses, Cons: (Ideas in support of maintaining the current zoning,) None, .s- - Zoning Report Case No. 0801-07 Page 5 Staff Recommendation: Attachments: H:\PLN-D1RIERMAI WORDIZONRPTSI080 I-07CCREPORT.DOC .." Approval. Zoning and Ownership Map Ownership List 4 8-4 7 A-I . - Property Owner in Favor x Property Owner Opposed ~ ~ See Comments on Page(s) /0 ~ 300 I ~ CIJ OWners within 200 feet listed on attached ownership list ~ .ft.- ~(5) '-4If Aug 8. 2001 - RP ~OO 2?0 CASE 20801-07 Subject property ~ , ... OWNERSHIP LIST CASE NO. 0801-07 Applicant: ONAC Developers � P.O. Box 271201, 78427 1 084700070069 TEXAS METHODIST FOUNDATIO 6002 GREENWOOD 2 084700070070 CITY OF CORPUS CHRISTI 1818 FRIO 3 084700070088 PAISANO LTD 1921 HOLLY 4 124300010310 ONAC DEVELOPERS INC 1814 EL MONTE 5 124300040230 KPE DEVELOPMENT LLC 1817 MODESTO 5 124300040240 KPE DEVELOPMENT LLC 1821 MODESTO 5 124300040250 KPE DEVELOPMENT LLC 1825 MODESTO 4 124300040260 ONAC DEVELOPERS INC 1829 MODESTO 4 124300040270 ONAC DEVELOPERS INC 1833 MODESTO 6 124300060190 FRANKS JAMES M AND 5737 VICTOR LARA ORTEGON 7 124300060200 GUTIERREZ ROBERT B AND 5733 VICTOR LARA ORTEGON 8 124300060210 JOSEPH ALLEN ET UX 5729 VICTOR LARA ORTEGON 5 124300060220 KPE DEVELOPMENT LLC 5725 VICTOR LARA ORTEGON 5 124300060230 KPE DEVELOPMENT LLC 5721 VICTOR LARA ORTEGON 5 124300060240 KPE DEVELOPMENT LLC 5717 VICTOR LARA ORTEGON 4 124300060250 ONAC DEVELOPERS INC 5713 VICTOR LARA ORTEGON 4 124300060260 ONAC DEVELOPERS INC 5709 VICTOR LARA ORTEGON 4 124300060270 ONAC DEVELOPERS INC 5705 VICTOR LARA ORTEGON 4 124300060280 ONAC DEVELOPERS INC 5701 VICTOR LARA ORTEGON 9 124300060290 FLORES HUGO ALBERTO 5641 VICTOR LARA ORTEGON 4 124300060300 ONAC DEVELOPERS 5637 VICTOR LARA ORTEGON 10 124300060310 FLORES JAIME A 5633 VICTOR LARA ORTEGON 11 124300060320 MARTINEZ ALEJANDRO VELA 5629 VICTOR LARA ORTEGON 12 124300060330 NARANJO NORA L 5625 VICTOR LARA ORTEGON 13 124300060340 MCGILL CLARENCE ALFONSO A 5621 VICTOR LARA ORTEGON 14 124300060350 GARCIA YVETTE R 5617 VICTOR LARA ORTEGON 15 124300060360 MELENDEZ MANUEL VASQUEZ 5613 VICTOR LARA ORTEGON 4 124300060370 ONAC DEVELOPERS INC 5609 VICTOR LARA ORTEGON 4 124300070010 ONAC DEVELOPERS INC 5610 VICTOR LARA ORTEGON 16 124300070020 MAYAN SILVO PAUL 5614 VICTOR LARA ORTEGON 4 124300070030 ONAC DEVELOPERS INC 5618 VICTOR LARA ORTEGON 17 124300070040 GILMORE STACEY L 5622 VICTOR LARA ORTEGON 4 124300070050 ONAC DEVELOPERS INC 5626 VICTOR LARA ORTEGON 4 124300070060 ONAC DEVELOPERS INC 5630 VICTOR LARA ORTEGON 18 124300070070 ALVARADO JOEL ET UX 5634 VICTOR LARA ORTEGON 19 124300070080 CALDERA THOMAS LEE AND 5638 VICTOR LARA ORTEGON � Ownership List Case No. 0801-07 (ONAC Develoopers) Page 2 20 124300070090 LARKINS KENNETH L AND 5642 VICTOR LARA ORTEGON 4 124300070100 ONAC DEVELOPERS INC 5702 VICTOR LARA ORTEGON 21 124300070110 CANTU SAMUEL V 5706 VICTOR LARA ORTEGON 22 124300070120 CASIANO RODOLFO AND 5710 VICTOR LARA ORTEGON 4 124300070130 ONAC DEVELOPERS INC 5714 VICTOR LARA ORTEGON 23 124300070140 DELEON CHRISTINE ET VIR 5718 VICTOR LARA ORTEGON 5 124300070150 KPE DEVELOPMENT LLC 5722 VICTOR LARA ORTEGON 4 124300070160 ONAC DEVELOPERS INC 5726 VICTOR LARA ORTEGON 5 124300070170 KPE DEVELOPMENT LLC 5730 VICTOR LARA ORTEGON 5 124300070180 KPE DEVELOPMENT LLC 5734 VICTOR LARA ORTEGON 4 124300070190 ONAC DEVELOPERS INC 5738 VICTOR LARA ORTEGON 4 124300110010 ONAC DEVELOPERS INC 1822 EL MONTE 4 124300110020 ONAC DEVELOPERS INC 1826 EL MONTE 4 124300110030 ONAC DEVELOPERS INC 1830 EL MONTE 2 875900090010 CITY OF CORPUS CHRISTI 1838 FRIO 24 ROW LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 78403 V COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-07 Emilio Cano . - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) 1. Notices returned from within the 200-foot notification area: Favor: 5) KPE Development, 816 Congress, Ste. 1750, Austin, Texas 78701 No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Qpposition: None. m. Responses received from owners/applicants of subject area: Favor: None. Qpposition: None. H;IPLN-DIRIERMA I WORDICOMMDA T AI080 1-07COMMENTS.DOC It) r Planning Commission Minutes August 15,2001 ONAC Developers: 0801-07 REQUEST: "A-I" Apartment House District and "B-4" General Business District to "R-I C" One-family Dwelling District on Bohemian Colony Lands. Section 7. being 6.4 acres out of Lot 8, located approximately 150 feet south of Holly Road. approximately 150 feet east of Victor Lara Ortegon Street. Mr. SaidailJ. presentt:d a computerized slide illustration of the subject property and the surrounding area. The nonh three-founhs ('I,) of the subject property is part of a tract of land zoned a "B-4" District that conlains 22.68 acres and remains undeveloped. The south one-founh (y,) of the subject property is part of another tract of land zoned an "A-I" Districl containing 8.65 acres which remain undeveloped. Nonh oflhe subject property is 8.45 acres of land zoned an "1-2" District of which three-fourths ('!.) are developed with industrial uses and the remaining one-fourth (V.) is undeveloped. South of the subject property is an area zoned an "R-IC" District encompassing 51.42 acres. West of the subject property, extending past Greenwood Drive, is an area zoned an "R-IB" District developed with single-family residences. Mr. Saldana said that the applicant has requested a change of zoning from an "A-I" Apartment House District and a "B-4" General Business District to an "R-I C" One-family Dwelling District in order to develop the area with single-family residences. The proposed single-family development would be an extension of the Cano Place single-family uses adjacent to the west. Access to the subject property would be from the adjacent streets, El Monte and Modesto Streets. The Wests ide Area Development Plan future land use map indicates medium-density residential land use for this property. A "R-I C" District is consistent with the residential designation. Therefore, Slaff recommends approval. There were 24 notices mailed to property owners within a 200-foot radius of which one (l) was returned in favor and none in opposition. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing \\:as closed. Mr. Saldana explained that Ihe overall plan of Ihe development will provide access onto Martin Street and onto Holly Road. Motion by Sween-McGloin. seconded by Amsler, to forward a recommendation to City Council for approval. Motion passed with Berlanga, Salazar. and Zamora being absent. /I -l T AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EMILIO CANO, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.4 ACRES OUT OF LOT 8, SECTION 7, BOHEMIAN COLONY LANDS, FROM "A-1" APARTMENT HOUSES DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "R-1C" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. PLANNING COMMISSIO; AND STAFF'S RECOMMENDATION APPLICANT'S REQUEST WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Emilio Cano 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 6.4 acres out of Lot 8, Section 7, Bohemian Colony Lands, located approximately 150 feet south of Holly Road and approximately 150 feet east of Victor Lara Ortegon Street, from "A-1" Apartment House District and "B-4" General Business District to "R-1C" One-family Dwelling 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. IILEGALlLA'MLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD01120NING.ORDlDOYLEC\200112080107 A.DOC /2,; --.'T ... 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 181h 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 12 September, 2001 By: Doyle 0 Senior urtis sistant City Attorney I\LEGALlLA\I\I\LEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD01120NING,ORDlDOYLEC\200112080107 A.DOC 13 - JUL-27-2001 10:50 ~M B~SS ~ND ~ELSH ENG 36188212R5 P.02 .______iI ..... ------, -----. Mu"U., ....... J..., ".0' 1IlI....L... N,.... M. w."".... ".0' ".~L... CJ .J~Jt-47 ... .0 A........." ~". .., .......1 P'_ ... ....,_ &......., mumI)')I'........ ......LI ..._.....atIIII. BASS 8r WELSH ENGINEERING ~o. 80.. e..7 CO....". C""'.TI. TEa... 7......3." July 27. 2001 01067.M&B A-1C ZONING Slat. 01 T axas , County 01 NullC8ll , Deec.ijAk.. 01 a6.4l1CJ11lracl 01 land. mare Of lea. a portIOn 01 Lo18. Secllon 7, BohemilIn Colony Lands. a map 01 which I. reoonled in Volume "A'. Paga 48. Mal) Fl8COIOlS. Nu_ County. TOlCIIlI. IIBid e.4__ tIKI as further dlO8Clibed by met_ and bounds aa 101"""': BEGINNING althe eoutIwo....~", CO""" 01 Lot 27. Block 4. Cano Place Unit 1, a map of which is """,rdeci In Volume 60, Fags 1, se/d Map Records, said beglnmn9 polnt for lhlI Wftlemmost Of IOIJI/Iwwt comer ollha ~ heIein JMc.&...d and baing in th. aoWnv'" bo.,ndary llna 01 said Lot 8. SecIion 7. BohemIan Colony IAnda: T'*- along said solllhweR boundlIry llna of Lot 8, Sedion 7, S81"OO'OO'E 202.83' 10 a point lor the BIJIlltle,,,,._ _r of this 1rlIlcl: lhenaa N2lIWOll"E 1 1 45.34' 10 a point fOf the -..no..... comer of IhilIIracl; lhenaa Ne1'tlO"OO'W 250.00' 10 a point in lha cenlerflne of EI Monte S1reeIlOr lha norlhemmolII cor.- of the IrlIlcl herein d_t..J. Thence S29'OO'QO"W, aI25.00' pass the ~ CO~ of Lot " Block 7, said Cano PIece Unit 1 and oonIinu'ng alang lhlI......u- boundary llna 01 said Block 7. Cane Piece Un~ 1, In all a dl&Iance 01 m.34' 10 a point lor a ~erty comer 01 the trace herein described and sou\tleo,..,..st comer of Lo119, IBid 8Illclt 7. Cano PIIice Unit 1: Theme 581'0000 E 47.1T to a polnl for 1I110111hwwterty oornllrol the InIcl herein ~ibed; Th__ S29'OO'OO"W, al50.00' pa_ the _............ """*" 01 eaId Lot 27, Block 4, c.no Pl_ U.. 1, In all . dlslllnCe 01 1M.OO' \0 the POINT Of' BEGINNING. NMW:ngo NL~~ :!:iP.LS. EXHIBIT A 1.1/ . 21 '-T -.,.-- AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 18, 2001) Case No. 0801-08, Nueces County Community Action Aeencv: A change of zoning from an "A-I" Apartment House District 10 an "R-lB" One-family Dwelling District on Gulfway Airline Park, Block 2, being 5.866 acres oul of Lot 31, located on !he east side of Trey Way Lane, approximately 900 feet sou!h of Williams Drive. Plannine Commission and Staff's Recommendation (08/15/01 ): Approval of the "R-lB" District Requested Council Action: Approval of the "R-lB" One-family Dwelling District and adoption of the attached ordinance. Purpose of ReQuest: For the development of 30 single-family homes. Summarv: The applicant has requested a change of zoning from an "A-I" Apartment House District to an "R-IB" One-family Dwelling District in order to develop a 5.86-acre vacant tract of land with approximately thirty (30) single-family residences to be sold Ihrough a house purchase assistance program. The subject property is located along the east side of a local street, Trey Way Lane, which connects to an arterial, Holly Road, to !he south and a collector, Williams Drive, to !he north. Adjacent to the north is a multi-story aparttnent complex. To !he south, there is a single-story apartment complex. A single-family development is permitted in the "A-I" District, but would require wider streets and larger water and wastewater lines. Development of the subject property with single- family residences would be an expansion of !he single-family development to the west The change of zoning to an "R-lB" District would protect !he homeowners from a neighbor using !he property with multiple units. Applicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of this memorandum, fifty-four (54) notices were mailed to !he property owners within a 200-foot radius, of which three (3) were returned in favor and none in opposition. The 20% rule is not in effect. 1i~1A~ Director of Planning MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance Pages Page Page Pages 2-18 19 20 21-23 H;IPLN-DIRIERMA \ WORDIAGENDMEM\080 I-08AGENDAM EMO. DOC CITY COUNCIL ZONING REPORT Case No.: 0801-08 Planning Commission Hearin!!: Date: August 15,2001 Map No.: 91-14 (HI6D) Applicant: Nueces County Community Action Agency Le!!:al Description/Location: GulfWay Airline Park, Block 2, being 5.866 acres out of Lot 31, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive. Area of Request: 5.866 acres Lot(s) Area: Same as above. Current Zonin!!:: "A-I" Apartment House District Request: "R-IB" One-family Dwelling District Current Use of Proper tv: Undeveloped land. Purpose of Request: The development of 30 single-family homes. Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zonin!!:: North, South, East - "A-I" Apartment House District West - "R-1B" One-family Dwelling District Adiacent Land Use: North, South, East - Apartments. West - (across Trey Way Lane) Single-family residences. z. r , , . Zoning Report Case No. 0801-08 (Nueces County Conununity Action Agency) Page 2 Number of Residential Units Allowed: "R-IB" - 42 units (7.26 dwelling units per acre) "A-I" -127 units (21.78 dwelling units per acre) Estimated Traffic Generation: Single-family residence - 1 0 average weekday vehicle trip ends per dwelling unit x 42 dwelling units = 420 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Trey Way Lane -local Ri!!ht-of-Wav Desi!!n Current: a) 50-foot right-of-way with a 28-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekdav. non-directional): a) None available. Zonin!! Historv of Propertv: There has been no rezoning activity within the past five (5) years. Recent Surroundin!! Zonin!! Cases: There has been no rezoning activity in the area within the past five (5) years. Zonin!! Inventorv: The subject property is part ofa tract ofland containing 43.80 acres, zoned an "A-I" District and developed with apartments. West of the subject property, there are 119.40 acres ofland zoned an "R-lB" District and developed with single-family residences. North of the subject property, the area zoned a "B-1" District contains 7.61 acres and developed with restaurants, a bar and retail stores. cJ . Zoning Report Case No. 0801-08 (Nueces County Community Action Agency) Page 3 Southeast from the subject property, there are 18.43 acres of land zoned an "R-2" District and developed with townhomes. Planninl! Staff Analvsis: . General Characteristics and Backcround: The applicant has requested a change of zoning from an "A-I" Apartment House District to an "R-IB" One-family Dwelling District in order to develop a 5.86-acre vacant tract of land with approximately thirty (30) single-family residences to be sold through a house purchase assistance program. The subject property is located along the east side of a local street, Trey Way Lane, which connects to an arterial, Holly Road, to the south and a collector, Williams Drive, to the north. Adjacent to the north is a multi-story apartment complex. To the south, there is a single-story apartment complex. A single-family development is permitted in the "A-I" District, but would require wider streets and larger water and wastewater lines. Development of the subject property with single-family residences would be an expansion of the single-family development to the west. The change of zoning to an "R-IB" District would protect the homeowners from a neighbor using the property with multiple units. . Conformitv to the Comprehensive Plan and Land Use Compatibilitv: Overall, the Comprehensive Plan Elements can be supportive of the requested "R-lB" District. Although the Southside Area Development Plan's (SSADP) adopted future land use map recommends the area to develop with high-density residential uses, the proposed "R-IB" District densities and uses are consistent with the adopted plan and existing single-family subdivisions. This development is also consistent with adopted City policies and encourages affordable housing. . Potential Housing Density: The existing "A-I" District allows a density of21.78 dwelling units per acre or 127 units on the subject property. The requested "R-IB" District permits a density of7.26 dwelling units per acre or 42 units on the subject property. Approval of the change of zoning will decrease the number of units permitted on the subject property. . Height/Bulk/Setbacks/Etc.: The "A-I" District requires a front yard setback of twenty (20) feet with a side and rear yard setback often (10) feet each for the first floor and an additional five (5) feet for each floor above the tirst. An "R-IB" District requires a front yard setback of25 feet with a side and rear yard setback of five (5) feet each. Both the "A-I" and "R-IB" District limit the building heights to three (3) stories with the "R-IB" District allowing 35 feet and the "A-I" District allowing ~5 feet. . Silmage: The "R-IB" District permits one wall sign with an area not to exceed one square foot. The "A-I" District permits either one wall sign with an area not to exceed forty (40) square feet or one freestanding sign with an area not to exceed forty (40) square feet with a height often (10) feet and s.' back lell (10) feet. 4 T w - Zoning Report Case No. 0801-08 (Nueces County Commulllty Action Agency) Page 4 · Traffic: The requested "R-I B" District will in effect reduce the potential traffic generated from the subject property rrom approximately 822 daily trip ends to approximately 420 daily trip ends. The approximately fifty (50) percent decrease in traffic not adversely impact the area. · Parking/Screening: The parking regulations for dwelling units require 1.5 off-street parking spaces for each one-bedroom unit or two (2) off-street parking spaces for each unit containing two (2) or more bedrooms. Compliance with the parking regulations will be required during the permitting phase of the development. A standard screening fence with a height of not less than SIX (6) feet is required when a business or industrial use locates abutting a residential district. There is no required screening for residential development. · Costs to City: Extensions of water, wastewater and streets will be at the developer's expense. · Platting: A subdivision pbt will be required. Pros: (Ideas in support of the request.) a) The requested "R-IB" Distlict is an expansion of the "R-IB" District to the west within the guidelines of the Southside Area Development Plan. b) The proposed single-family subdivision would place less demand on the infrastructure than a multi-family development. c) The proposed development will provide housing for low-moderate income people. Cons: (Ideas in support ofmaintJining the current zoning.) a) The existing ".-\-1" District is more consistent with the Southside Area Development Plan's adopted future land use mJp recommended high-density residential uses. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H ;IPLN-DIR'ERMA I WORDIZONRPTSI080 l-08CCREPORT. DOC .s- , . sa C/O'c (c: q,(o -\- f,y C'tIC ci 'I- 0:: . ...J ...J '" III Z B- 0:: '" '" ~ 2 .... 1~ A-I R-IB Vt A-I x Property Owner Opposed ~ r 2 R-2 . Property Owner in Favor See Comments on Page(s) 19 ~ ~ Aug 8. 2001 - RP o 100 200 300 ~I ] , CASE Z0801-08 I?2Lj IT] Owners within 200 feet ~ listed on attached ownership list ...1-.m _ (5) 1-11 .-P-"' I j~ ~ Subject property T ~ OWNERSHIP LIST CASE :\"0. 0801-08 Applicant: Nueces County Community Action Agency c/o Rudy Cantu 4760 Old Brown,ville Road 78405 I lOSOl-08 3090000202S0 HOCSING AUTHORITY OF CORPUS CHRISTI 3701 A YERS ST. CORPUS CHRISTI. TEXAS 7S415 GULFW A Y AIRLINE PK I L T 28 BK 2 ~ l080 1-08 309000030160 CA VAlOS NOE R 1910 MELISA LN CORPUS CHRISTI TX 78412 GCLFWA Y AIRLINE PK 1 LT 16 BK 3 7 l0801-08 309000070010 MCGREW CARL E AND CYNTHIA 4520 SAN JUAN AVE ;\ORTH LAS VEGAS NV 89032 GULFW A Y AIRLINE PK 1 L T 1 BK 7 10 l080 1-08 309000070040 VELAZCO LIBRADO C JR 1818 MELISA CORPUS CHRISTI TX 78412 GULFW A Y AIRLINE PK 1 L T 4 BK 7 13 l080 1-08 309000070070 WOODARD JOHN AND DEBRA WOODARD HCR 4. 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77274 LAKEWOOD VILL CON APT 3 BLDG LAKEWOOD V1LL CON APT 2 BLDG LAKEWOOD VILL CON APT I BLDG I UND 1/188 !NT & G C E J UND 1/188 INT & G C E K UND 1/188 INT & G C E 12. T w' - . Ownership List Case No. 0801-08 (Nueces County Commulllty AClIon Agency) Page 7 29C 29C 29C Z0801-08 415500000113 Z0801-08415500000114 Z0801-08 415500000122 APPLEBY JEFFREY HATRIDGE DAVID M FLORES CHARLIE LM 1935 HIDDWAY WAY #3 1937HIDDENWAY 6103 HIDDENWOOD #2 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG LAKEWOOD VILL CO:--l APT 4 BLDG LAKEWOOD VILL CON APT 2 BLDG KUND 11188INT&GCE K UND 11188 INT & G C E LUND 1/188 INT &GC E 29C 29C 29C Z0801-08 415500000123 Z0801-08 415500000124 Z0801-08 415500000131 PIZZ!NI MARY R AlELLO MICHAEL A MUNOZ CESAR 6105 HIDDEN WOOD 6106 BOCA RATON 6111 HIDDEN WOOD #1 CORPUS CHRISTI TX 78412 CORPl'S CHRISTI TX 78413 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CO>': APT 3 BLDG LAKEWOOD VILL CO:--l APT 4 BLDG LAKEWOOD VILL CON APT I BLDG LUND 11188 INT & G C E LUND 11188INT&GCE MUND 11188 INT&GCE 29C 29C 29C Z0801-08 415500000134 Z0801-08 415500000141 Z0801-08 415500000144 WYATT TERRELL ETl'X RONJE ANNA MARIA SIEBOLD WARREN MARY ESTHER WYATT 6113 HIDDEN WOOD 16032 EAST LOYOLA DR 6117 HIDDEN WOOD CORPUS CHRISTI TX 78412 AURORA CO 80013 CORPUS CHRISTI TX 78414 LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT 4 BLDG NUND 11188INT&GCE NUND II188INT&GCE MUND 11188INT&GCE 29C 29C 29C Z0801-08 415500000152 Z0801-08 415500000161 Z0801-08 415500000163 RODRIGUEZ AUDREY 10 ANN BENSON MERLE A ET UX COOPER ERVIN CALVIN AND 6133 HIDDEN WOOD 6141 HIDDENWOOD KATHLEEN COOPER CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 6145 HIDDEN WOOD LAKEWOOD VILLAGE APT 2 BLDG LAKEWOOD VILL CON APT 1 BLDG CORPUS CHRISTI TX 78412 OUND 1/1881NT&GCE PUND 1/188INT&GCE LAKEWOOD VILL CON APT 3 BLDG P UND 1/188 INT & G C E 29C 29C 29C Z0801-08 415500000164 Z080 1-08 415500000171 Z0801-08 415500000172 FOREST ROBERT E BOALES LIZETTE TORRES MARIA E 14961 CANADIAN MIST 6212 HIDDEN COVE 6214 HIDDEN COVE CORPUS CHRISTI TX 78418 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT 1 BLDG LAKEWOOD VILL CON APT 2 BLDG PUND 11188INT&GCE Q UND 11188 INT & G C E Q UND 1/188 INT & G C E 29C 29C 29C Z0801-08 415500000173 Z0801-08 415500000182 Z0801-08 415500000183 CLARK GREGORY W LANCE J R RIDGEWAY SCOTT W 6216 HIDDEN COVE #Q3 6204 HIDDEN COVE 6206 HIDDEN COVE CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VILL CON APT 3 BLDG Q UND 11188 INT & G C E R UND 1/188 INT & G C E R UND 1/188 INT & G C E 29C 29C 29C Z0801-08 415500000191 Z0801-08 415500000192 Z0801-08 415500000193 WHITE ROY B SR AND LUCILL GIBBS ANNICE JANE SOLOVEY JACK MICAEL 6132 HIDDEN COVE 6134 HIDDEN COVE 220 PURL CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT I BLDG LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VILL CON APT 3 BLDG SUNDI1188INT&GCE S UND 1/188 INT & G C E SUND 1/188 INT&GCE 1.1 ,. Ownership List Case No. 0801-08 (Nueces County Commumty Action Agency) Page 8 29C 29C 29C 20801-08 415500000194 20801-08 415500000201 20801-08 415500000202 MOODY ORRIN J CALLA WAY BEYERL Y ANN AUTRY AARON E ET UX 13730 STEAMBOAT 6122 HIDDEN COYE 6124 HIDDEN COYE CORPUS CHRISTI TX 78410 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 4 BLDG LAKEWOOD YILL CO:--; APT 1 BLDG LAKEWOOD YILL CON APT 2 BLDG S UND 1/188 INT & G C E TUND !l188 INT & G C E TUND 1/188 INT&GCE 29C 29C 29C 20801-08 415500000203 20801-08 415500000204 20801-08 415500000211 WHITNEY TINA A RAMIRE2 AL Y A ROSA STONEKING BRADLEY J ETIJX 6126 HIDDE"-' COYE #3-T 1096 POLARIS DR DEANNA K STONEKING CORPUS CHRISTI TX 78413 PORTLAND TX 78374 6112 HIDDEN COYE LAKEWOOD YILL CON APT 3 BLDG LAKEWOOD YILL CON APT 4 BLDG CORPUS CHRISTI TX 78412 TUND 1/188 INT & GC E TUND 1/188INT&GCE LAKEWOOD YILL CON APT 1 BLDG UUND 1/188 INT & G CE 29C 29C 29C 20801-08 415500000212 20801-08 415500000213 20801-08 415500000214 CALlBATSEF STOICHO LOERA JOSE III HINOJOSA ERNA 2202 SAXONY DR 5821 TRIESTE 6118 HIDDEN COYE CORPUS CHRISTI TX 78418 CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 2 BLDG LAKEWOOD YILL CON APT 3 BLDG LAKEWOOD YILL CON APT 4 BlOG U UND lil88 INT & G C E U UND 1/188 [NT & G C E U UND IIl88 INT & G C E 29C 29C 29C 20801-08 4[5500000221 20801-08 415500000222 20801-08 415500000231 MOSES CURT D & CINDY A GAUMER GLORIA J MC NICHOLS WELLINGTON A 5449 REDWOOD AYE 6104 HIDDEN COYE ETUX PORTAGE IN 46368 CORPUS CHRISTI TX 78412 5426 WHITEMARSH LAKEWOOD YILL CON APT 1 BLDG LAKEWOOD YILL CON APT 2 BLDG CORPUS CHRISTI TX 78413 YUND 1/188INT&GCE YUND 1/188INT&GCE LAKEWOOD YILL CON APT I BLDG WUND 1/188INT&GCE 29C 29C 29C 20801-08 415500000233 2080[-08 415500000234 20801-08 415500000242 CANTU DANIEL Y ETUX SANDR MARTINE2 ARTHUR F AND BINGHAM AL YIN ROY 6105 HIDDEN OAKS MARTHA M MARTJ;\E2 6[ 13 HIDDEN OAKS CORPUS CHRISTI TX 78412 6107 HIDDEN OAKS CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 3 BLDG CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 2 BLDG WUND 1/[88\NT&GCE LAKEWOOD YILL CON APT 4 BLDG XUNDII188INT&GCE WUND 11\88\NT&GCE 29C 29C 29C 20801-08 415500000244 20801-08 415500000252 20801-08 415500000253 PUDELKA PAMELA A HINOJOSA MARIA ELlA YOUNG JACK L ET UX 6117 HIDDEN OAKS #4 [914 HIDDEN WAY 1322 SANDSTONE CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 784 [2 CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 4 BlOG LAKE WOOD YILL CON APT 2 SlOG LAKEWOOD YILL CON APT 3 SlOG X UND 11l881NT & G C E Y UND 1/188 INT & G C E YUND 1/188 [NT&GCE 29C 29C 29C 20801-08 415500000262 20801-08 415500000263 20801-08 415500000272 JOHNSTON ROBERT L KNUPPLE MARGARET ETYIR ANDREWS JAMES E JR 1904 HIDDEN WAY ROBERT E KNUPPLE 1934 HIDDEN WAY CORPUS CHRISTI TX 78412 1906 HIDDEN WAY #3 CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 2 SlOG CORPUS CHRISTI TX 78412 LAKEWOOD YILL CON APT 2 SlOG 2 UND 11188 INT & G C E LAKEWOOD YILL CON APT 3 BLDG AA UND 1/188 \NT & G C E 2 UND 1'188 INT & G C E I~ T w --"""'--'" Ownership List Case No. 0801-08 (Nueces County Community Acllon AgencYI Page 9 29C 29C 29C i0801-VIS -115500000273 Z0801-08 -115500000281 Z0801-08 415500000282 GEORGE PAUL NATE GOSS RICHARD C & LOU ETI A SAENZ JOSE P 1936 HIDDEN WAY 3606 F ALLSCREEK DR 1924 HIDDEN WAY CORPUS CHRISTI TX 78412 SAN ANTONIO TX 78230 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG LAKEWOOD VILL CO:-.l APT 1 BLDG LAKEWOOD VILL CON APT 2 BLDG AA UND 1/188 !NT & G C E BB UND 1188!NT & G C E BB UND 1/188 !NT & G C E 29C 29C 29C Z0801-08 415500000284 Z0801-08 415500000291 Z0801-08 415500000302 MEZA MARIA L MARVIN SARA PATRICIA EDWARDS DANIEL CARLYLE 1928 HIDDEN WAY 6232 HIDDE:-.l COVE P.O. BOX 21635 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 BILLINGS MT 59104 LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD V1LL CO:-.l APT I BLDG LAKEWOOD VILL CON APT 2 BLDG BB UND 1/188 INT & G C E CCUND 1188!NT&GCE DD UND 11188 !NT & G C E 29C 29C 29C Z0801-08 415500000303 Z0801-08 -115500000304 Z0801-08 415500000311 GARCIA ALBESA STEVEl\S JANET E ECHOLS ANNA LEE 6226 HIDDEN COVE 6228 HIDDEN COVE 6241 HIDDEN COVE CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG LAKEWOOD VILL CO:'-1 APT 4 BLDG LAKEWOOD VILL CON APT I BLDG DD UND 1/188 INT & G C E DD UND 1/188 !NT & G C E EE UND 1/188 !NT & G C E 29C 29C 29C Z0801-08 415500000312 Z0801-08 415500000314 Z0801-08 415500000321 WILSON JOANNE H PETERSON ARDEN KENDALL JR MANI K M 6243 HIDDEN COVE #2 JUDITH PETERSON 6231 HIDDEN COVE CORPUS CHRISTI TX 78412 6245 HIDDEN COVE DR #4 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 2 BLDG CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 1 BLDG EE UND 1/188 !NT & G C E LAKEWOOD VILL CON APT 4 BLDG FF UND 1/188 !NT & G C E EE UND 1/188 !NT & G C E 29C 29C 29C Z0801-08 415500000322 Z0801-08 415500000323 Z0801-08 415500000333 KATRIBE. JOH'\ ELTZROTH ROBERT LESLIE ET HUNTER PATRICIA R 6233 HIDDEN COVE MARGARET YVON1\E 6225 HIDDEN COVE #3 CORPUS CHRISTI TX 78412 6235 HIDDEN COVE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 2 BLDG CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG FF UND 11188 !NT & G C E LAKEWOOD VILL CON APT 3 BLDG GG UND 11188 !NT & G C E FF UND 11188 !NT & G C E 29C 29C 29C 20801-08 415500000334 20801-08 415500000341 20801-08 415500000342 LOZANO JOHN M ETUX SYLVIA KJE I, LTD HARRISON WAYNE & MARION A POBOX 181448 11300 N CENTRAL EXPRESSW A 3530 HERITAGE LN CORPUS CHRISTl TX 78480 STE 508 CORPUS CHRISTl TX 78415 LAKEWOOD VILL CON APT 4 BLDG DALLAS TX 75243 LAKEWOOD VILL CON APT 2 BLDG GG UND 11188 !NT & G C E LAKEWOOD VILL CON APT 1 BLDG HH UND 11188 !NT & G C E HH UND 1/188 !NT & G C E 29C 29C 29C 20801-08 415500000343 Z0801-08 4155000003-14 Z0801-08 415500000351 HARRISON WAYNE S T!NES CHARLES A P A!NTER WANDA SUE 4606 SNEAD 4301 BEARD 6201 HIDDEN COVE CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG LAKE WOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT 1 BLDG HHUNDI/1881NT&GCE HH UND 111881NT & G C E II UND 1/188 INT & G C E I~ 1 r- Ownership List Case No. 0801-08 (;\ueces County Conununity ActIon Agency) Page 10 29C 29C 29C 20801-08 415500000352 20801-08 415500000353 20801-08 415500000354 PERRY BETTY LaC DIMAS MINH TCYET HALL STEVEN D & CHERYL HE 6203 HIDDEN CO\"E 6205 HIDDEN COVE "3 & JAMES DESREU:.IAUX CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 6409 MONTECITA DR LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VILL CO:'-l APT 3 BLDG CORPUS CHRISTI TX 78413 II UND 1/188 !NT & G C E II UND 1/188 INT & G C E LAKEWOOD VILL CON APT 4 BLDG II UND 1/188 !NT & G C E 29C 29C 29C 20801-08 415500000362 20801-08 415500000363 20801-08 415500000371 STEWART SHAN;\ON DEW A YNE WALKER CARMEN DIA2 ETVIR SCHNECK FRIEDA 6113 HIDDEN COVE #2 RANDY WALKER 6101 HIDDEN COVE CORPUS CHRISTI TX 78412 6115 HIDDEN COVE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 2 BLDG CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 1 BLDG JJ UND 1!l88 !NT & G C E LAKEWOOD VILL CON APT 3 BLDG KK UND 1/188 !NT & G C E JJ UND 1/l88 !NT & G C E 29C 29C 29C 20801-08 415500000374 20801-08 415500000382 20801-08 415500000383 OLENICK ANNA FAY McCAI:'-I WARD ;\OEL DONOHUE PATRICIA E 6107 HIDDEN COVE 529 ROCK BLUFF 2006 HIDDEN LAKE CORPUS CHRISTI TX 78412 AUSTIN TX 78731 CORPUS CHRISTI TX 78412 LAKEWOOD VIU CON APT 4 BLDG LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VIU CON APT 3 BLDG KK UND 1/l88 Il\T & G C E LL UND 1!l88 INT & G C E LL UND 1!l88 INT & G C E 29C 29C 29C 20801-08 415500000384 20801-08 415500000391 20801-08 415500000392 HARVEY JEAN H GALLAGHER MAVIS CHRISTINE COOK CHARLENE E 2008 HIDDEN LAKE 2012 HIDDEN LAKE 2014 HIDDEN LAKE CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT 1 BLDG LAKEWOOD VILL CON APT 2 BLDG LL UND 1!l88 INT & G C E MM UND 1/l88 !NT & G C E MM UND 1!l88!NT!N G C E 29C 29C 29C 20801-08 415500000401 20801-08 415500000402 20801-08 415500000403 CLERKLEY CURTIS SR GON2ALE2 RENE ETUX MARlA CLARK RODNEY JAMES 5121 ROYALTO}; DR 2024 HIDDEN LAKE 2026 HIDDEN LAKE #3 CORPUS CHRISTI TX 78413 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 1 BLDG LAKEWOOD VILL CON APT 2 BLDG LAKEWOOD VILL CON APT 3 BLDG NN UND 1/188lJ\! & G C E NN UND 1/188 !NT & G C E NN UND 1/188 !NT & G C E 29C 29C 29C 20801-08 415500000404 20801-08 415500000411 20801-08 415500000412 NAVA ROBERTA E DAVIS SHIRLEY R02EN CHANG WONDRA 2028 HIDDEN LAKE 2032 HIDDEN LAKE 2034 HIDDEN LAKE CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT 1 BLDG LAKEWOOD VILL CON APT 2 BLDG NN UND 1!l88!0:T & G C E 00 UND 1!l88 IJ\T & G C E 00 UND 1/l88 INT & G C E 29C 29C 29C 20801-08 415500000413 20801-08 415500000414 20801-08 415500000421 RAMOS ALVARO & CUELLAR CELlA EMMA HANSON ALICE L JOSEPH H JACKSON JR 2038 HIDDEN LAKE #4 2042 HIDDEN LAKE 308 TROY CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG LAKEWOOD VILL CON APT I BLDG LAKEWOOD VILL CON APT 3 BLDG 00 UND 1/l88 !NT & G C E PP UND 1/188 INT & G C E 00 UND 1/188!0:T & G C E It, ._-~ . Ownership List Case No. 0801-08 (Nueces County Commumty Action Agency) Page II 29C 20801-08 415500000423 SHIH ROGER C ET UX/CH1A S ET UX & ROBERT C SHIH H 4630 HA VERH1LL CORPUS CHRISTI TX 78411 LAKE WOOD VILL CON APT 3 BLDG PP UND 1/188 INT & G C E 29C 20801-08 415500000441 GARZA R E 2001 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 1 BLDG RR UND 1/188 INT & G C E 29C 20801-08 415500000451 PEART LESLIE P AND LESLIE WYNN PEART 1055 W HOLLYWOOD APT 1A CHICAGO IL 60660 LAKEWOOD VILL CON APT I BLDG SS UND 1/188 !NT & G C E 29C 20801-08 415500000462 FOREST ROBT E 14961 CANADIAN MIST CORPUS CHRISTI TX 78418 LAKEWOOD VILL CON APT 2 BLDG IT UND 1/188 INT & G C E SP 20801-08 309000020310 GREENWOOD TREYW A Y VENTURE 1900 ST JAMES PLACE #150 HOUSTON TX 77056 GULFW A Y AIRLINE PK 5.866 AC OF LT31BK2 20801-08 309200070150 J. E. ANTONI 125 SOUTHERN CORPUS CHRISTI, TEXAS 78404 20801-08 415500000043 WILLIAM K. COX, JR. 6136 HIDDEN OAKS CORPUS CHRISTI, TEXAS 78412 20801-08 415500000132 DAVID SPELLMAN III 61 I3 HIDDEN WOODS CORPUS CHRISTI, TEXAS 78412 20801-08 415500000\43 WILLIAM K. COX, JR. 6125 HIDDEN WOOD CORPUS CHRISTI. TEXAS 78412 --1 r 29C 20801-08 415500000432 SUMMERS TERRY RAY 2017 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 2 BLDG QQ UND 1/188 !NT & G C E 29C 20801-08 415500000442 WINTER KATHY JO RT I BOX 166A2 MATHIS TX 78368 LAKEWOOD VILL CON APT 2 BLDG RR UND 1/188 INT & G C E 29C 2080 \-08 415500000453 SUMMERS TERRY RA Y HCX MARIA HORTENClA 2015 HIDDEN LAKE #3 CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG SS UND 11188 INT & G C E 29C 20801-08 415500000473 BEAUCHAMP NANCY 2035 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG UU UND 1/188 INT & G C E 20801-08 LEROY SAN MIGUEL MAINTENANCE DEPT. C.C.LS.D. P. O. DRAWER 1\0 CORPUS CHRISTI, TEXAS 78403 20801-08 415500000031 SYLVIA LEVY 6142 HIDDEN OAKS CORPUS CHRISTI, TEXAS 78412 20801-08 415500000071 ELLA MAl LUBERA 6102 HIDDEN OAKS, APT. I CORPUS CHRISTI, TEXAS 78412 20801-08 415500000133 ERNESTO MONT AL VO 6115 HIDDEN WOOD, APT. #3 CORPUS CHRISTI, TEXAS 78412 20801-08 415500000153 ROY L. BEATY 4254 MULLIGAN CORPUS CHRISTI. TEXAS 78413 29C 20801-08 415500000433 HAMPEL JEFFREY WADE AND MARY HAMPEL 2056 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG QQ UND 1/188 !NT & G C E 29C 20801-08 415500000443 YOUNG ALICE MAE 2005 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 3 BLDG RR UND 11188 INT & G C E 29C 20801-08 415500000454 GARZA MARIA N 4406 ACUSHNET CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG SS UND 1/188 !NT & G C E 29C 20801-08 415500000474 NORTON JUDITH A 2037 HIDDEN LAKE CORPUS CHRISTI TX 78412 LAKEWOOD VILL CON APT 4 BLDG UU UND 1/188 !NT & G C E 20801-08 309000070030 JUAN M. RODRIGUE2 3229 MEADOWRIDGE CORPUS CHRISTI, TEXAS 78418 20801-08 415500000032 JIM EDWARD ZIMMERMAN 6144 HIDDEN OAK CORPUS CHRISTI, TEXAS 78412 20801-08 415500000101 WILLIAM K. COX JR. GLADYS G. SCOLES 1921 HIDDEN WAY CORPUS CHRISTI, TEXAS 78412 20801-08 415500000141 NANCE L. COOPER 6121 HIDDENWOOD CORPUS CHRISTI, TEXAS 78412 20801-08 415500000154 MARTA ANNA GUEVARA 8041 YlLLE FRANCHE DR. CORPUS CHRISTI, TX 78414 17 Ownership Lisr Case No. 0801-08 (Nueces County COrrunUlUty Action Agency) Page 12 Z0801-08 415500000174 NICKY G. MCCOMAS RT. 1, BOX 158 M3 MATHIS, TEXAS 78368 Z0801-08 415500000223 KAREN LEA WHITLEY 6106 HIDDEN COVE CORPUS CHRISTL TEXAS 78412 Z0801-08 415500000251 JOHN W. BELICH 4201 FAIRMONT PKY, #2611 PASADENA, TEXAS 77504 Z0801-08 415500000292 GEORGE A. BLA Y 4733 DONEGAL CORPUS CHRISTI. TEXAS 78413 Z0801-08 415500000381 MARTHA HILL 101 BRlARWOOD LANE KERRVILLE, TEXAS 78028 Z0801-08 415500000431 ROBERT E. FOREST 14961 CANADIAN MIST CORPUS CHRISTI, TEXAS 78418 Z0801-08 415500000471 DAVID WILSON 2031 HIDDEN LAKE DR. CORPUS CHRISTI, TX 78412 , w Z0801-08 415500000181 :VIARTHA CECILIA NIELSON 6202 HIDDEN COVE CORPUS CHRISTI, TEXAS 78412 Z0801-08 415500000232 VERONICA GARZA 6103 HIDDEN OAKS CORPUS CHRISTI, TEXAS 78412 Z0801-08 415500000261 WANDA SUE RAMSEY TRAWEEK 2035 GUS ST. WESTKAJE, LA 70669 Z0801-08 415500000304 WILLIAM K. COX, JR. 6228 HIDDEN COVE CORPUS CHRISTI, TEXAS 78412 Z0801-08 415500000424 WILLIAM K. COX, JR. 2048 HIDDEN LAKE CORPUS CHRISTI. TEXAS 78412 Z0801-08 415500000444 ROLAND G. GRAVES 2007 HIDDEN LAKE #RR CORPUS CHRISTI, TEXAS 78412 Z0801-08 41550000472 GEORGE A. BLA Y 4733 DONEGAL CORPUS CHRISTI, TEXAS 78413 Z0801-08 415500000194 WILLIAM K. COX, JR. 13730 STEAMBOAT CORPUS CHRISTI, TEXAS 78410 Z0801-08 415500000243 ERIC PAUL GROSS P. O. BOX 749 CORPUS CHRISTI, TEXAS 78403 Z0801-08 415500000274 ARCELlA O. A VILA 1938 HIDDEN WAY #4 CORPUS CHRISTI, TEXAS 78412 Z0801-08 415500000364 WILLIAM K. COX, JR. 6117 HIDDEN COVE CORPUS CHRISTI, TEXAS 78412 Z0801-08 415500000431 ROBERT E. FOREST 4902 SARATOGA 9 CORPUS CHRISTI, TEXAS 78418 Z0801-08 415500000464 GEORGE A. BLA Y 4733 DONEGAL CORPUS CHRISTI, TEXAS 78413 Z0801-08 991500010030 OVERSEE CORPORATION 710 BUFFALO CORPUS CHRISTI, TEXAS 78401 II COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-08 Nueces County Community Action Agency . FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 27) Jose Hector and Juanita Saenz, 1829 Treyway Lane No written comment. 29C) Lucinda M. Juarez. 326 S. Enterprize Pkway No \\Tincn comment. 29C) Ramey Beene. P. O. Box 81283 No writtcn comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. IlL Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H;IPLN-D1RIERMA I WORDlCOMMDA T A \080 1-08COMMENTS.DOC " -. Planning Commission Minutes August 15. 2001 Nueces County Community Action Agency: 0801-08 REQUEST: "A-I" Apartmenl House District to "R-1C" One-family Dwelling District on Gulfway Airline Park, Block 2. being 5.866 acres out of Lot 31, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive. Mr. Saldana presenled a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a tract of land containing -\3.80 acres. zoned an "A-I" District and developed with apartments. West of the subject property, there are 119.40 acres of land zoned an "R-IB" District and developed with single-family residences. North of the subject property. the area zoned a "B-1" District contains 7 .61 acres and developed with restauranls. a bar and retail stores. Southeast from the subject property, there are 18.43 acres ofland zoned an "R-2" District and developed with town homes. Mr. Saldaiia said [h~H The applicant has requested .1 change of zoning from an "A-I" Apartment House District to an "'R-l B" One-family Dwelling District in order to develop a 5.86-acre vacant tract of land with approximately thirty (30) single-family residences to be sold through the house purchase assistance program. The subject property is located along the east side of a local street. Trey Way Lane, which connects to an arterial, Holly Road. to the south and a collector. Williams Drive. to the north. Adjacent to the north is a multi-story apartment complex. To the south. there is a single-story apartment complex. A single-family development is permitted in the .. A-I" District. but would require wider streets and larger water and wastewater lines. Development of the subject property with single-family residences would be JO expansion of the single-family development to the west. The change of zoning to an "R-I B" District would protect the homeowners from a neighbor using the property with multiple units. Although Ihe Souths ide Area Developmenl Plan's (SSADP) adopted future land use map recommends the area to develop with high-density residential uses, the proposed "R-I B" District densities and uses are consistent with the adopled plan and existing single-family subdivisions. This development is also consiSlenl with adopted City policies and encourages affordable housing. Therefore, Staff recommends approval. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Saldana said that the only access would be onto Trey Way Lane. Motion by Pusley. seconded by Amsler, to forward a recommendation to City Council for approval. Motion passed with Berlanga. Salazar. ~md Zamora being absent. 2.() ..-t w AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NUECES COUNTY COMMUNITY ACTION AGENCY, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.866 ACRES OUT OF LOT 31, BLOCK 2, GULFWAY AIRLINE PARK, FROM "A-1" APARTMENT HOUSES DISTRICT TO "R-1B" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. PLANNING COMMISSIOt AND STAFF'S RECOMMENDATION APPLICANT'S REQUEST WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces County Community Action Agency 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 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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 5.866 acres out of Lot 31, Block 2, Gulfway Airline Park, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive, from "A-1" Apartment House District to "R-1B" One-family Dwelling 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. \\LEGALlLAWlLEG. DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING.ORDlDOYLEC\20011Z0B010BA.DOC 2/ . 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 18th day of September, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED AS TO LEGAL FORM 12 September, 2001 James R. Bray, Jr. City mey By: IILEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD01 IZONING.ORDIDOYLEC\20011Z080108A.DOC 2.:L T w . . T :- , . ,J,jO/-ll/l STATE OF TEXAS COUNTY OF NUECES June 14.2001 5.866 Acres out of Lot3 I, Block 2, Gulfway-Airline Park FIELDNOTE DESCRlPTION of a 5.866 acre tract of land out Lot No. Thirty-one (31), Block Two (2), Gulfway-Airline Park as shown by map recorded in Volume 34, Page 51. Map Records of Nueces County, Texas; said 5.866 acre tract of land being more particularly described by metes and bounds as follows: Commencing: At a 5/8" iron rod set on the Southeast right-of-way line of Trey Way Lane (60 foot wide right-of-way) for the North comer of Lot 28, Block 2, Gulfway- Airline Park as shown by map recorded in Volume 38, Page 84, Map Records of Nueces County, Texas, for the POINT OF BEGINNING, the West comer of this 5.866 acre tract ofland; Thence: N 290 03' 30" E. with the Southeast right-of-way line of Trey Way Lane, parallel with and 30.00 feet Southeast of the center of Trey Way Lane, a distance of 408.83 feet to a 5/8" iron rod set for the West comer of Lot 30, Block 2, Gulfway-Airiine Park as shown by map recorded in Volume 37, Page 27, Map Records ofNueces County, Texas, for the North comer of this 5.866 acre tract of land; Thence: . S 610 02' 30" E, with the Southwest line of said Lot 30, Block 2, Gulfway- Airline Park, a distance of 625.00 feet to a 5/8" iron. rod found for the South comer of said Lot 30, Block 2. Gulfway-Airline Park for the East comer of this 5.866 acre tract of land; . -..., .~ Thence: . S 290 03' 30"- E, with the Southeast line of said Lot 31, Block 2, Gulfway- Airline Park, a distance of 408.83 feet to a 5/8" iron rod set for the East comer of said Lot 28, Block 2, GulfwaY-Airiine Park for the South comer of this 5.866 acre tract of land; Thence: N 610 02' 30" W, with the Northeast line of said Lot 28, Block 2, Gulfway- Airline Park, a distance of 625.00 feet to the POINT OF BEGINNING, containing 5.866 acres of land. This description was prepared trom a survey made on the ground under my supervision on June 14,2001. - . . Wrinenby: ~ ~ JellY L. strom, RPLS# 2041 1 EXHIBIT A '-.3 I '.-1 ----r- 22 "'-'~'--'-r'._-""~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION 9/18/10 AGENDA ITEM: (CaptionfTitle of Presentation as it should appear on the agenda) Presentation by The University of Texas at San Antonio OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Dr. Mariano Trujillo, Office of the Vice President for Extended Services, University of Texas in San Antonio ISSUE: Economic Development for South Texas with a well educated and trained workforce. BACKGROUND: The University of Texas in San Antonio is encouraging partnerships as a critical ingredient in the successful education of our youth and to encourage more young people to "think about college." REQUIRED COUNCIL ACTION: This presentation is for information only. No Council Action is required at this time. " '-J if (?,epartm Additional Background 0 Exhibits 0 . 23 .. I ~_.,.. --t..- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 12, 2001 AGENDA ITEM: Presentation of FY 2000-01 41h Quarter BudgeUPerformance Report CITY STAFF PRESENTER: Name Mark L. McDaniel Title Director of Management and Budget ISSUE: The City Council has requested quarterly updates on the City's financial performance. This report reflects the unaudited, estimated actuals through the end of Fiscal Year 2000-01. REQUIRED COUNCIL ACTION: No formal action is required. ~Aw;V~ Mar L. McDaniel Director of Management and Budget --l r- ~"'--" T $40 $30 ~ = Q == $20 ~ General Fund Revenues $10 $0 Property Tn Olller Tnn F....dlise Fees Solid Waste Mnid'" Court O"er Rl!wnue I_ Budget 0 Year-end Estimate I I "- ;;$40 .S! ;;; ~ 530 I General Fund Expenditures 570 560 550 520 SlO 50 3.2 3.2 General Gln'L Public: Safety SoIidWasa Dew:I.-nt N~ Parks & Rec.' Hraltb S\t':cs. Street Sw:es Scnict' Swa DeJlU1lDental lilrary I_ Budget D Year-end Estimate I T $140 $130 .. " ~ $120 :; $110 $100 T .. General Fund Revenues vs. Expenditures 130.9 \_ Revenues 0 Expenditures I -~"~-~. 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% Jr T General Fund Year End Projected Fund Balance (as % of budgeted expenditures net reimbursements) BUDGET EARLY YE EST. YE RE-EST. Enterprise Funds Revenues vs. Expenditures $70 64.3 $60 $50 '" $40 = => .- - - $30 .- ~ $20 $10 $0 Water 2.0 2.0 1.1 1.0 Gas Waste_ter Airport Ambulance Golf Marina I_ Revenue 0 Expenditures I w ~~._.- , $30 $20 ~ " " ~ ::; . Internal Service Funds Revenues vs. Expenditures 26.5 1S.9 $10 Engineering Svces LiabfF.mployee $0 Stores Maintenance svces MIS I_ Revenue 0 Expenditures I $7 $6 $5 '" g $4 .- = ~ $3 $2 $1 $0 . - Special Revenue Funds Revenues vs. Expenditures 6.6 0.1 0.1 lD'C Hotel Oma...qr Rt!in~tment ZODt! Visitor's Facility I_ Revenue 0 Expenditures I 3.8 CriaeDistrid 24 . - " .,~. CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2000 Quarterly Report #2 September 13, 2001 CITY STAFF PRESENTER(S): Name 1. 'Angel R. Escobar Title Director DeptlDivision Engineering Services OUTSIDE PRESENTER(S): Name 1. N/A Title/Position Organization ISSUE: This is a quarterly report on the status of the voter-approved Bond Issue 2000 projects. 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 approved 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. REQUIRED COUNCIL ACTION: None Required. 7 # . Cfle/Df ft'R(Department Head Signature) . . 25 1 r CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 6, 2001 AGENDA ITEM: Broadway Wastewater Treatment Plant Diversion Presentation CITY STAFF PRESENTER(S): Name 1. 'AngeIR.Escobar 2. Foster Crowell 3. Title Director Superintendent DeptlDivision Engineering Services Wastewater OUTSIDE PRESENTER(S): Name 1. Bhaskar Patel Title/Position Project Manager Organization 2. 3. 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. r' REQUIRED COUNCIL ACTION: Directive to proceed with actions related to Council-preferred option. ~ fz-- q /t;~/a I (Department Head Signature) . Additional Background Exhibits (1) , w - 4`; 2. rR - ' � � � i' . A) l -- _ __ ,!, - � ��r � V -.� ....rbc M� — � _ _ • _ r ,ry.. �'i _ 1 �. p 1.,, � t� ac u, ,.k. ` / ��� "� -� lE i 1A def 3 J n 1. i a � �__. �� y ...�,,�^-� '�' . �.t �- ' ¢ � iF � �� �. �� � 'may [ y� \v.. i w"A. (/c^ `/��( 1 y �� �` � � 9 � � ,. �,. �, �� 'r - � � �.._ _ �. � :A ' .. _ a� t� i- � � �tbl.n. � .. a f1.1��..e6 � �. M, wl*f�r'Diversion Options Option # 1: Divert from Broadway Plant to Greenwood Plant Option #2: Divert from Broadway Plant to Allison Plant Option #3: Construct new plant within the Industrial District Option #4: Construct a new covered plant on existing site l pert 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 ert from 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 6 i4 V2,: inertfrom 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 x.. � r a on #2). vert -from 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 An , � thin the Industrial District 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 i W3 lantvW- ithin the Industrial District DISADVANTAGES: • Land cost for new plant and additional easement for gravity pipeline & force main • Re -piping force main to new plant • Possible environme either proposed site ntal remediation of O"C � �ered=`Plant on 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 ii Dtion" #4: ew'Covered 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 & landscabinLy 12 mparisons OPTION #1 OPTION #2 OPTION #3 OPTION #4 Divert from 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 Cleanup 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, etc. 14,670,000 16,220,000 12,020,000 11,080,000 TOTAL $ 57,300,000 $ 6393659000 $ 46,965,000 $ 43,295,000 13 e* 'd FO O-t-i'm"01 or Option #4 • Build New Wastewater Treatment Plant � At either industrial site, or � At the existing location 26 . r T' CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Meeting - September 18, 2001 AGENDA ITEM: Presentation on Rand Morgan Road Option for Third Golf Facility. CITY STAFF PRESENTER(S): Name 1. Marco A. Cisneros Title Director Dept/Division Park and Recreation OUTSIDE PRESENTER(S): Name 1. None Title/Position Organization ISSUE: The City Council has identified the need for a third golf course as a high priority for the City for FY 2001-2002. BACKGROUND: For the past two years City staff has been researching and working on a number of issues related to the creation of a third golf course for the City. This item has been a high priority for the City Council. This presentation will deal with the new option that the City Council asked staff to research as a possible opportunity for the creation of a third City golf course. The option was related to the possibility of "donated" property in the vicinity of Rand Morgan Road between Leopard Street and Hwy 44 being used for a third golf facility for the City. REQUIRED COUNCIL ACTION: The City Council must direct staff to proceed with their desired option. l'-(iu...o ~ C:~~--<2/ Marco A. Cisneros, Director Park and Recreation Department Exhibits x ..-u T Proposed Public Park & Golf Course r--- -"-r- -- - ~ ~ ~ ~ o ~ o ~ --1 ----r- .'-;:J3!:US S31'!8V) /7 ,Wi\lIH8IH Jl.lfl:i m_ "_____..__.__ ~ ....-<._.!...L:...L.>- dCl:GlfIl-X"Jl .~ 7 3 " I U " ~ iil " w o '. Ie '. ~ ~ ~ ~ ~ o w & ~ w ~ ;;'~'. y-;" r', ... ~ ~ ~ ~ ,;; ~ ~ "~ r -< W ~ W W ~ ! ~ ~ U , ~ W ~ ~ ~ ~ 0 0 ~ W ~ W U I W , I~ " " " ~ , ~ ~ 3 " 0 ~ 0 ~ u , " 0 u ,--i :. CJ 0 . . w ~ i " 0 ~ w ~ u " ~ " ~ ~ u , w w 0 w ~ " ~ u ~ w " " <5 ~ ~ w 0 ~ w w ~ 1 ~ Ii; i ~ 0 u 0 " " ., I I 0 ~ " zl 0 0 ri ~I 1 .~E~~~~ ...II g ~ 0 -~ ~",' "'~ " "--'0", ~I ((i' ~.~ .,:: -.l , ~ ~~..,.., ~I , t:f~i~" , ffi g ! 0 Zl g> rj:~ :J ~! ;; ;- 0' .... 'L",U",.2u u! ~ ~ z o ~ ~u oU: ffffi z> ~'3 ~~ w" zo OZ ~cn o~ o~o U:e>l!! ZZ~ --:l; ~~~ ww a:~< w ~ o Z 'j ~!mm JAll:IO N3AVH HAVEN DRIVE f..S'o ;.0 ~It . 'D 0 s: (") -om ^ m --0 Z Q)Q) aoo ~ N 0 - m ;0 0 )> 0 OJ -C C C en OJ - Z . - mZ -c() (/)0 ;0- (/)::0 O~ )> -I c:r -C-C en::I:,< 0;0 en:E Cf)0 om )><-- ()Cf) .m --I s: )> -I m - z 0 -I Z Cf) -..-- 1 r o CD ::20 Q)CD ;::,;::;: - ::]. o =r Tex-Mex s..,.~ ITS'S'..,. oz (30 00;4- oo:T --~ ~CD <000 - --I ac CD- ..,0 300 CD9 9:S::: Q) -- _0.. CD=E (J)Q) 0'< '::J" o Q. ~ z a s: a ;0 G') )> z ;0 o )> o STATE HIGHWAY 44 (AGNES STREET) Rand Morgan Roa Presentation City of Corpus Ch . September 11, 2001 . Direction from City Counc' . . Land Don .on Conditio s . Financing Possibl . 'es . Review Other Options . Recommendations 2 Third Golf Facility Rand Morgan Road Option Presentation . Report results to the City soon as possible se 0 200+ ac e n Road r . Investigate possib "donation" on Rand use as a third golf facility land Donation Con . Possible Golf Course sit shown on Conceptual Ma Development Proposal evelopm nt siness es . Conceptual Mas Plan proposed by North t B Association for 2,600 + , Third Golf Facility Rand Morgan Road Option Presentation 2 T 11''' Continued . City buys up 250 acres for use as a gol cility an area pa k purposes subject to "nal s te locati ns . City gives Owner parkland credit or waiver for future development that may oc remaining property . City installs . ities infrast needed for the g . City installs treated efflu t supply I ne or water well system as neede facility irrigation 6 Third Golf Facility Rand Morgan Road Option Presentation 3 r T" Land Donation Con Continued . City installs s rm water inf astruct needed for the g facility . City incorporates existing axet Line into the golf facility design . City installs streets up to designated Golf Club House 7 Reconciliation . Infrastructur osts - . Construction Cos . Total Costs $ ,740,69 6 800 00 * $1 ,740,69 Third Golf Facility Rand Morgan Road Option Presentation 4 ---11 ... Infrastructure Costs * May need to consider less ex water source '. 9 Financing Possibil" ies . Certificates Obligation . Future Bond Pro am . Current Golf Surcha e F . Additional Golf Surchar . Private Golf Course Develo Participation 10 Third GolfFacility Rand Morgan Road Option Presentation 5 I T . Oso Golf Course Review Other Optio . Airport G II Airport Golf Facili . Land and rastructure $ 1,520,000 . Golf Course Cons Operation by Private Contractor . Proposed Investment Gr Gilmore Graves Golf, Inc. has out from the project at th 12 Third Golf Facility Rand Morgan Road Option Presentation 6 --" ~ ]1'" Hole Expansion . Purchase maining 12 a re tract f land next to 0 Waste W ter Trea ment Plant to serve as neighborhoods . Utilize Oso Waste Water Tr en Plant buffer property for nVI 9 ra. ge and 9 Hole expansion for Oso Course 13 Oso Golf Course 9 01 Expansion Contin ed 14 Third Golf Facility Rand Morgan Road Option Presentation 7 . 15 Recommendations . Proceed with e 9 Hole Ex Project for 050 . Keep working to see if lopmen conditions change for either or Rand Morgan Road Site locations for a third golf fa i1ity 16 Third Golf Facility Rand Morgan Road Option Presentation 8 27 T J CITY COUNCIL AGENDA MEMORANDUM September 18, 2001 AGENDA ITEM: Redevelopment of Airheart Street Stub as Open Space for Public CITY STAFF PRESENTER(S): Name Title DeptlDivision 1. 2. 3. Michael N. Gunning 'Angel R. Escobar, P.E. Marcos A. Cisneros Director Director Director Planning Engineering Services Park and Recreation OUTSIDE PRESENTER(S): Name Title/Position Organization Dr. Mike Mintz Owner ISSUE: This is a presentation requested by City council on August 28, 2001 in response to Dr. Mintz' request to redevelop Airheart Street stub as a public open space to eliminate illegal night-time activities. BACKGROUND: Airheart Point is a dead end street with a right-of-way width of 85 feet and extending approximately 365 feet extending from Ocean Drive to the Bay Water's' edge. This street section was dedicated in 1910 with the plat of Alta Vista on the Bay subdivision filed in 1910. Airheart Point is partially paved from Ocean to approximately 70 feet towards the bay. The remainder of the street section is unimproved to the edge of the drop-off approximately 295 feet from the water. The drop-off is a steep decline that leads to a drainage out-fall extending from the west of Ocean Drive and draining storm water run-off from the developed subdivisions known as Hewit Place and Alta Plaza near the intersection of Palo Alto Street and Ocean Drive. The south side of Airheart Point is developed with a large tract single-family residence owned by the McKinnon family. The north side of Airheart Point is vacant but is planned to be platted as two lots for future residences of George Hawn and Mike Mintz. 1 I On behalf of the Hawn and McKinnon families, Mr. Mintz approached City Council on August 28 to ask for authorization to proceed with a redevelopment plan of this dead end street which would eliminate illegal activities that have been on-going for many years at the base on the water's edge below the bluff. This area is totally out of sight and extremely difficult to police. Residents maintain that teenagers and young adults historically have used this location for consumption of alcoholic beverages and drugs during the late hours of the night. The families of Mintz, Hawn and McKinnon propose, at their expense, to construct and maintain improvements to this area to convert Airheart Point from a dead end street to a useable public open space. The proposed open space for the public is to include amenities such as: . An overlook with bench seating; . An improved parking area; . An eight foot wide sidewalk from the parking area to the overlook; . Landscaping on both sides of Airheart Point; and . Paving improvements to the street connecting the parking area. In exchange, the families are asking that the City allow them to . Close access to the water below the bluff with new fencing; . Impose a 10 p.m. curfew on public's use of the overlook (same as a park); and . Prohibit alcoholic beverages. These restrictions are seen as necessary to maintain the residential quality of life for the existing adjoining McKinnon resident and the future Hawn and Mintz residences. At the same time, it will provide an improved useable public open space to the city at no cost to the citizens and eliminate a popular hideaway for the conduct of illegal activities. They are not asking for Airheart Point to be closed, but retained as a dedicated right-of- way with parking improvements and an overlook that preserves all of the city's important scenic views of the bay. REQUIRED COUNCIL ACTION: No formal action required at this time, however, Staff requests direction from Council to proceed with finalizing specific plans Attachments: Site Plan Site Photographs IICITYHALL02IUSERSIPLN-DIRISHAREDlWORDIZONINGIAIRHEART STREET STUBIAGENDA MEMO.DOC T . PLANT UST Oyt. Name Size 4 Mexican Fan Palm Trunk Feel Washingtonia robustaKlifera (2) W& (2)_4' 6 Bougainvillea 3 Gallon Bougainvillea 'Barbara Karst' 'foPa�E✓��J11�I� fs,,l,uf_('- GI'f-f ��( ` . �s/2`_✓I� LOYI'rM hit ° .. r ' O P.tr A _. r .`Xflrll.Orc� 6I -n -Lr 00 szf4 n4{�lP �n=i �E wa l� PCS Ic ra�E2 P?ny v ti V G-IJor�Alrh�l A — I�iIVIG. D _ ri I� IrIL, r4'fclrllr1( VvIALV . SITE PLAN SCALE 1"= 30'-0" NORTH AIRREART POINT Robert Gignac Landscape Architect 321 Texan Trail Ste. 202A Corpus Christ, Texas 78411 361.853.0795 Fax 361.814.0195 Looking east along Airheart Point from Ocean Drive towards Corpus Christi Bay. 1 r Looking east from Airheart Point terminus towards Corpus Christi Bay. 1 f. Looking north from Airheart Point terminus at adjacent bulkhead. 1 II" Looking north from Airheart Point terminus along adjacent bulkhead. .... Looking south along north side bulkhead towards Airheart Point terminus. , ]1'" Looking west along Airheart Point from its teminus towards Ocean Drive. I 28 1 f" AGENDA MEMORANDUM DATE: September 11,2001 SUBJECT: Dr. H. P. Garcia Park Development Master Plan (Project No. 3156) Parks and Recreation Master and Open Space Plan (Project No. 3189) AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $40,107 with Halff Associates for the Dr. H. P. Garcia Park Development Master Plan. B. Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $80,266 with Halff Associates for the Parks and Recreation Master and Open Space Plan. ISSUE: A. Dr. H.P. Garcia Park is one the City's largest and most challenging parks. A Master Plan is necessary to help guide its future development as money becomes available. B. The City currently lacks a comprehensive city-wide Park and Open Space Master Plan. The Texas Parks and Wildlife Department grant program requires the adoption of an approved Master Plan for each agency seeking state funding for park and recreational development. FUNDING: Funds for this project are available in the FY 2000-2001 Parks and Recreation Capital Improvement Program and Unrestricted Park Trust Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~ ,p ~"--~~ Marco A. Cisneros, Director of Parks and Recreation f;f<- 'Angel R. Escobar, P. E., Director of Engineering Services Additional SUDDort Material: Exhibit "A" Background Information Exhibit "B" Preliminary Project Budget Exhibit "C" Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Dr. H. P. Garcia Park Development Master Plan (Project No. 3156) Parks and Recreation Master and Open Space Plan (Project No. 3189) PRIOR COUNCIL ACTION: 1. Mav 12. 1998 - Approval of the FY 1998-1999 Community Development Block Grant Program (Ordinance No. 023313). 2. Mav 9. 2000 - Approval of the FY 2000-2001 Community Development Block Grant Program (Ordinance No. 024036). PRIOR ADMINISTRATIVE ACTION: 1. March 8. 2001 - Notice of Intent to Release Request For Proposals (RFP) No. 2001-03 - (Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan). 2. March 14.2001 - Authorization to waive the 75/25 local participation policy and use a 60% outside/40% local firms participation policy in the selection procedure. 3. March 16.2001 - Distribution of Request For Proposals (RFP) No. 2001-03 - (Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan) to 215 engineering and architectural firms (84 local and 131 non-local). 4. March 22. 2001 - Addendum NO.1 to the Request For Proposals (RFP) No. 2001- 03 - (Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan). FUTURE COUNCIL ACTION: 1. Ordinance adopting the Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Master and Open Space Plan. 2. Approval of grant application for Texas Parks and Wildlife Department. PROJECT BACKGROUND: Preparation of a community wide Parks and Recreation comprehensive master plan is necessary to accurately and effectively manage, plan, evaluate, and implement the recreational needs of Corpus Christi. The Master Plan will identify existing conditions, assess park and open space needs, establish local standards, prioritize needs, and develop an implementation program. Overall objectives are to evaluate open space and natural resources in order to optimize land use for recreational opportunities, aesthetics, and operational/maintenance impacts. The master plan will parallel and meet the standards required to qualify for development grants from Texas Parks and Wildlife Department. Dr. H. P. Garcia Park is one of the City's largest and most challenging parks. A true Master Plan has never been completed for it's ultimate development given the history and the H:\HOMBL YNOAS\GEN\PARKS\31B9. MASTER PLAN\BACKGROUND.DQC II EXHIBIT "An ~ Page 1 of 3 ., T~ ....... challenges that the site presents. A Master Plan is necessary to help guide development as funding becomes available. The consultant team will develop a Master Plan for recreational opportunities and landscape architectural improvements within Dr. H. P. Garcia Park. In order to continue with the Project, the consultant contract with Halff Associates is proposed today. Requests for Proposals (RFP) were distributed to 215 engineering and architectural firms (84 local and 131 non-local) on March 16,2001. The following six (6) consultant teams submitted proposals: 1. Alexander Boedy Associates 2. Architect TKO 3. Halff Associates 4. SWA Group 5. Terra Design Group, Inc. 6. Wilbur Smith & Associates As a result of the review of qualifications, two (2) consultant teams were selected for formal interviews, the team of Halff Associates and Terra Design Group, Inc. The team of Halff Associates was selected as the most highly qualified team. The major factors contributing to the recommendation of the interview panel were as follows: . The team's familiarity with the project; . The team's expertise with similar projects involving park master plan projects and development of recreational opportunities; and . The team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. The Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan Project will be prepared by the proposed consultant, Halff Associates, with City staff assistance; and will include input and direction from City Council, the Park Board, community stakeholders, and the public. The Project will be completed by the end of May 2002. PROJECT DESCRIPTION: This project consists of two parts. . . Part 1 - Dr. H. P. Garcia Park Development Master Plan - The primary goal of this planning effort is to provide the City of Corpus Christi with a Master Plan for recreational opportunities and landscape architectural improvements within Dr. Hector P. Garcia Park and vicinity. Overall objectives are to optimize land use, aesthetics, operational and maintenance impacts, recreational opportunities, and revenue generation. . Part 2 - Parks and Recreation Master and Open Space Plan - The primary goal of this planning effort is to provide the City of Corpus Christi with a local comprehensive master plan for the development of recreational opportunities, landscape architectural improvements standards, and open space study. Overall H:\HOME\LYNDAS\GEN\PARKS\3189. MASTER PLAN\BACKGRQUNO.DOC ~ EXHIBIT "An II Page 2 of 3 T ... ..,. ., objectives are to evaluate open space and natural resources in order to optimize land use for recreational opportunities, aesthetics, and operational/maintenance impacts. The City will use the Master Plan pursuant to the requirements of the "Texas Recreation and Parks Account Program (TRAPAP)". The Master Plan will parallel and meet the standards required to qualify for priority points identified in Criteria #2 of the "TRAPAP-Proiect Prioritv Semina Svstem", CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". FINAL PRODUCT: The final product will be as follows: ~ Dr. H. P. Garcia Park Master Plan; and ~ Parks and Recreation Master and Open Space Plan H:\HOME\L YNOAS\GEN\PARKS\31 89 - MASTER PLAN\BACKGROUND.OOC ~--l ------,. [I EXHIBIT "An ~ Page 3 of 3 DR. H. P. GARCIA PARK DEVELOPMENT MASTER PLAN (Project No. 3156) PARKS AND RECREATION MASTER AND OPEN SPACE PLAN (Project No. 3189) Preliminary Project Budget September 11, 2001 FUNDS AVAILABLE: Park Master Plan FY 1998-1999 CDBG (Dr. H. P. Garcia Park Dev. Master Plan)..................... 0.00 FY 2000-2001 CDBG (Parks and Rec. Comprehensive Master Plan)............ $100.000.00 Unrestricted Parks Trust Fund.................................................................... 0.00 T ota!.. ........ ............. ........ ... .... ......... ...................................... $100,000.00 FUNDS REQUIRED: Consultant (Halff Associates): Environmental Consultant (Arcadis Geraghty & Miller/Barrera Consult.)........ Contingencies ............................................................................................... Administrative and Finance Reimbursements............................................... Incidentals (Printing, Federal Express). .... .... ... ... ... ..... ... ... ... ... .... ... .... .... ........ Total................................................................................................................. Park Master Plan 80,266.00 0.00 8,026.00 8,708.00 3,000.00 100,000.00 H:\HOME\l YNDAS\GEN\PARKS\31SS_"-1\BUDGET.WB2 T I H.P. Garcia Plan $65,000.00 0.00 6,000.00 $71,000.00 H.P. Garcia Plan $40,107.00 20,000.00 4,010.00 4,883.00 2,000.00 $71,000.00 EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY DR. H. P. GARCIA PARK DEVELOPMENT MASTER PLAN PARKS AND RECREATION COMPREHENSIVE MASTER PLAN 1. SCOPE OF PROJECT Dr. H. P. Garcia Park Development Master Plan {Proiect No. 31561- The primary goal of this planning effort is to provide the City of Corpus Christi with a Master Plan for recreational opportunities and landscape architectural improvements within Dr. Hector P. Garcia Park and vicinity. Overall objectives are to optimize land use, aesthetics, operational and maintenance impacts, recreational opportunities, and revenue generation. Parks and Recreation Master and Open Space Plan {Proiect No. 31891- The primary goal of this planning effort is to provide the City of Corpus Christi with a local comprehensive master plan for the development of recreational opportunities, landscape architectural improvements standards, and open space study. Overall objectives are to evaluate open space and natural resources in order to optimize land use for recreational opportunities, aesthetics, revenue generation, and operational/maintenance impacts. The City will use the Master Plan pursuant to the requirements of the "Texas Recreation and Parks Account Program (TRAPAP)". The Master Plan will parallel and meet the standards required to qualify for priority points identified in Criteria #2 of the "TRAPAP-Proiect Prioritv Scorinq Svstem". 2. SCOPE OF SERVICES The AlE hereby agrees, at its own expense, to provide engineering services necessary to complete the Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan Project for the City. In addition, AlE will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices) as described in Exhibit A and A-1, to complete the Project. Work will not begin on Additional Services until requested by the AlE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. EXHIBIT "C" Pa e 1 of 3 H:\HOME\l YNDASIGEMPARKS\31 89 - Master PlanlCONTRACT SUMMARY.doc _._-~ r 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE ACTIVITY BEGIN COMPLETE PHASE ONE Sep.15,2001 Jan. 15,2002 INVENTORY/PUBLIC INPUT/ANALYSIS PHASE TWO Dec. 15,2001 Apr. 15, 2002 PARKS, RECREATION AND OPEN SPACE MASTER PLAN/RECOVERY ACTION PLAN PHASE THREE Oct. 15, 2001 Feb. 15,2002 DR. H. P. GARCIA PARK MASTER PLAN (Master Plan) PHASE_FOUR Feb. 15,2002 May 15, 2002 DR. H. P. GARCIA PARK MASTER PLAN (Initial Phase Design & Construction Plans) 4. FEES A. Fee for Basic Services. The City will pay the AlE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services, and for all expenses incurred in performing these services. For services provided in Basic Services, AlE will submit monthly statements for basic services rendered. The statement will be based upon AlE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to AlE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under "Additional Services" the City will pay the AlE a not-to- exceed fee as per the table below: EXHIBIT "C" Pa e 2 of 3 H:\HOME\l YNDAS\GEN\PARKS\3t89. Master PlanlCQNTRACT SUMMARY.doc . - C. Summary of Fees H. P. PARKS GARCIA MASTER TOTAL MASTER PLAN PLAN D. Fee for Basic Services 1. Inventory/Public Input/Analysis $0 $50,867 $50,867 2. Parks, Recreation and Open Space Master 0 29,399 29,399 Plan/Recovery Action Plan 3. Dr. H.P. Garcia Park Master Plan ---Master 16,747 0 16,747 Plan 4. Dr. H.P. Garcia Park Master Plan ---Initial 20,860 0 20,860 Phase Design & Construction Plan Subtotal Basic Services Fees $37,607 $80,266 $117,873 Fee for Additional Services (Allowance) 1. Topographic Survey (Authorized) $2,500 $0 2,500 E. Sub-Total Additional Services Fees $2,500 $0 $2,500 Authorized Total Authorized Fee $40,107 $80,266 $120,123 EXHIBIT "C" Pa e 3 of 3 H:\HOME\LYNDAS\GEN\PARKS\31e9 - Master PlanlCONTRACT SUMMARY.doc --'~-'-"-'.""--,---.'- Notes and Comments J"