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Agenda Packet City Council - 10/09/2001
CITY COUNCIL AGENDA City of Corpus Christi 1:45 p.m. Proclamation declaring October 6 - 13, 2001 as "Corpus Christi Columbus Days" Proclamation declaring October 7 -13,2001 as "Resident's Rights Week for Visitation" Proclamation declaring October 7 -12, 2001 as "Fire Prevention Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 9, 2001 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council 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 Gree qua su inglds as limitado, habrd un interprete ingles-espanol an 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 361880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Steve Purdy, St. John's United Methodist Church C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott E. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Approval of Regular Meeting of September 25, 2001. (Attachment # 1) Agenda Regular Council Meeting October 9, 2001 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. SPECIAL CONSIDERATION ITEM: 2. Resolution condemning the September 11, 2001 attack on the United States and declaring that the citizens of Corpus Christi are united as Americans in support of the leadership of President Bush and Congress in this time of crisis. (Attachment # 2) G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) • Ethics Commission • Nueces County Tax Appraisal District H. 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. 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.) Agenda Regular Council Meeting October 9, 2001 Page 3 4. Motion allowing the City Managerto enter into a lease agreement with EOG Resources, Inc., Corpus Christi, Texas, for an Oil and Gas Lease at the Corpus Christi International Airport in accordance with Bid Invitation No. BI -0162-01 based on only bid for a cash bonus bid of $193,764. The term of the lease agreement will be for three years with options to extend indefinitely as provided in the Oil and Gas Lease Agreement. Proceeds from the cash bonus bid and all royalties received under the lease will be deposited into the Airport Fund. (Attachment # 4) 5. Motion approving a supply agreement with Bay Chemical and Supply Company, Odem, Texas for approximately 1,400 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI -0005-02 based on only bid for an estimated annual expenditure of $145,320. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY2001-2002 by the Water Department. (Attachment # 5) 6.a. Ordinance authorizing the expenditure of funds in the amount of $841,744 as a transfer from No. 1020 General Fund to the No. 1050 Federal/State Grants Fund and appropriating $841,744 in the No. 1050 Federal/State Grants Fund as matching funds for Senior Community Services Programs. (Attachment # 6) 6.b. Ordinance appropriating $33,000 from the Senior Community Services Reserve Funds as matching funding for Senior Community Services Programs in the No. 1050 Federal/State Grants Fund. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute Change Order No. 22 with Fulton Construction/Coastcon, Inc. A Joint Venture, in the amount of $155,449.01 for the Corpus Christi International Airport Terminal Construction Project. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a construction contract with King -isles, Inc. in the amount of $312,000 for cathodic corrosion protection for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline). (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 9, 2001 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9. Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Black Civil Engineers in the amount of $1,180,000 for the Oso Wastewater Treatment Plant Troughs Structure Rehabilitation. (Attachment # 9) 10.a. Ordinance authorizing the City Manager or his designee to execute a non-exclusive Utility Easement of 495.90 square feet out of City - owned Tract "B" which is a portion of Block AR, Parkdale Shopping Center, in favor of Southwestern Bell Telephone Company with specified conditions, in consideration of the sum of $4,959. (Attachment # 10) 10.b. Ordinance authorizing the City Manager or his designee to execute a non-exclusive Utility Easement of 375.00 square feet and a 15 -foot by 110.78 -foot access easement, out of City -owned Lot 1, Block 1, Service Center Tract, in favor of Southwestern Bell Telephone Company with specified conditions, in consideration of the sum of $1,875. (Attachment# 10) 11.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $44,727 from the Texas Department of Transportation for Year -Two of the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) for traffic enforcement overtime within the Police Department and to execute all related documents. (Attachment # 11) 11.b. Ordinance appropriating $44,727 from the Texas Department of Transportation in No. 1050 Federal/State Grants Fund for funding to continue the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department. (Attachment # 11) 12. Ordinance granting to Texas Cable Partners, L. P., a six month extension of the Cable Television Franchise granted in Ordinance No. 16133. (Attachment # 12) 13. Second Reading Ordinance - Amending the City Code, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for an effective date of October 12, 2001. (First Reading 9/25/01) (Attachment # 13) Agenda Regular Council Meeting October 9, 2001 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Second Reading Ordinance - Providing for continuation of Ad Valorem taxation of leased motor vehicles as authorized by Senate Bill 248. (First Reading 9/25/01) (Attachment # 14) 15.a. Second Reading Ordinance - Amending Section 2-311(3) of the Corpus Christi Code of Ordinances to add Section 255.003 of the Texas Election Code, regarding political advertising, to the standards of conduct in the Code of Ethics. (First Reading 9/25/01) (Attachment # 15) 15.b. Second Reading Ordinance -Amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that the date of the Ethics Commission's annual meeting shall be a date in September as set by the Commission. (First Reading 9/25/01) (Attachment # 15) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 16. Declaration of Neighborhood Improvement by Moody High School Government Students (Attachment # 16) 17. Police Department Reorganization (Attachment # 17) K. PUBLIC HEARINGS: 18.a. Public Hearing to determine the granting of a ten -foot wide drainage easement through certain park land, Penn Place Subdivision. (Attachment # 18) 18.b. Ordinance dedicating a ten -foot wide drainage easement through certain park land out of Lot 25 Block 1, Penn Place Subdivision with specified conditions. (Attachment # 18) ZONING CASES: 19. Case No. 0801-12, George S. Hawn & Alan F. Lucke: A change of zoning from an "R-1 B" One -family Dwelling District to a "F -R" Farm - Rural District on Flour Bluff and Encinal Farm and Garden Tracts, Section 52, Lots 31, 32, and 33, located on the east side of Waldron Road, approximately 1,250 feet south of Yorktown Boulevard. (Attachment # 19) Agenda Regular Council Meeting October 9, 2001 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staffs Recommendation: Approval of the "F -R" District. ORDINANCE Amending the Zoning Ordinance upon application byGeorge S. Hawn and Alan F. Lucke, Trustees, by changing the zoning map in reference to Lots 31, 32, and 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One -family Dwelling District to "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 20. Case No. 0801-10. Dionicio Garza, Jr.: A change of zoning from an "AB" Professional Office District and "R-113" One -family Dwelling District to a'B-1"Neighborhood Business District on Sunnyside Strip, Lots 14-B and 15, and Claremont Place, Block 1, Lot 1, located on the north side of Jacquelyn Drive, between Everhart Road and Sam Street. (Attachment # 20) Planning Commission's Recommendation: Approval of the "B-1" District on Lots 14B and 15, Sunnyside Strip, and denial of the "B-1" District on Claremont Place, Block 1, Lot 1. Staffs Recommendation: Denial of the "B-1" District and in lieu thereof approval of a "B -1A" Neighborhood District on Lots 14B and 15, Sunnyside Strip. ORDINANCE Amending the Zoning Ordinance upon application by Dionicio Garza, Jr., by changing the zoning map in reference to Lots 14B and 15, 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. 21. Case No. 0801-11. Robin Leary. Trustee: A change of zoning from "F- R" Farm -Rural District and "R-1 B" One -family Dwelling District to a "B- 4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 11, Agenda Regular Council Meeting O~ober9,2001 Page 7 located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. (Attachment # 21) Planninq Commission's and Staff's Recommendation: Approval of the "B-4" District for Blocks 9 and 10, except for north thirty (30) feet abutting the Northwest Estates residential neighborhood. For the northern 30 feet of Blocks 9 and 10, denial of the "B-A" District, and in lieu thereof, approval of a "B-lA" Neighborhood Business District. Approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B-4" District on the remaining northern portion of Block 11, and in lieu thereof, approval of an "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance upon application by Robin Leary, Trustee, by changing the zoning map in reference to 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 11, Northwest Estates, from "F-R" Farm-Rural District and "R-lB" One- family Dwelling District to "B-lA" Neighborhood Business District on Tract 1 out of 3.31 acres out of Lot 1, Block 9 and Tract 1 out of Lot 1, Block 10; to an "AB" Professional Office District on Tract 1 out of Lot 1, Block 11 and to a "B-4" General Business District on Tract 2 out of 3.31 acres out of Lot 1, Block 9; Tract 2 out of Lot 1, Block 10; and Tract 2 out of Lot 1, Block 11; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section 49-1 - Procedure for Naming, Re-naming or Changing Names of Streets by replacing current procedures with new procedures and fees. (First Reading 9/25/01) (Attachment # 22) 23. Resolution amending Resolution No. 021901 adopting Policies, General Rules, and Procedures of the City Council regarding the policy for Naming of Streets. (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October9,2001 Page 8 24.a. 24.b. 25.a. 25.b. 26.a. 26.b. Motion authorizing the City Manager or his designee to enter into a three month agreement with the Texas Department of Health in the amount of $143,573 providing for the Bureau of Clinical and Nutritional Services to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals indentified as having nutitional deficiencies and/or nutritional risk during the period October 1, 2001 through December 31, 2001. (Attachment # 24) Ordinance appropriating $143,573 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. (Attachment # 24) Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed Grant in the amount of $225,000 for Site II West for the continued support of the Weed & Seed Program from the U. S. Department of Justice (DO J). (Attachment # 25) Ordinance appropriating $225,000 from the U. S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for continued support of the Weed & Seed Program, Site II West, for FY 2001-2002. (Attachment # 25) Motion authorizing the City Manager or his designee to execute an agreement with the City of Corpus Christi Housing & Community Development, Code Enforcement & Community Policing Division to provide $12,500 from the FY 2001-2002 Weed & Seed Program to implement emergency board up of vacant buildings with illegal activity. (Attachment # 26) Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $20,000 from the FY 2001-2002 Weed & Seed Program to implement after school and weekend alternative activities with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. (Attachment # 26) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~/) Agenda Regular Council Meeting O~ober9,2001 Page 9 26.c. 26.d. 26.e. 26.f. 26.g. 27. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000 from the FY 2001-2002 Weed & Seed Program to implement a free Summer Swim Program at the Joe Ga~za Community Pool. (Attachment # 26) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $7,064 from the FY 2001-2002 Weed & Seed Program to implement a Summer Transportation Program for recreational opportunties to youth, teens, and young adults at non-traditional times. It is intended to provide transportation and entry fees for some field trips during the summer. (Attachment # 26) Motion authorizing the City Manager or his designee to execute an agreement with the Calvary Tabernacle, Inc. to provide $25,000 from the FY 2001-2002 Weed & Seed Program to implement a SeedTech Computer Center. The program is to provide the community with job and social opportunities to help achieve their goals. They will help people locate better jobs at a higher pay scale, which will impact the economic development of their neighborhood. (Attachment # 26) Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $12,500 from the FY 2001-2002 Weed & Seed Program to provide after school alternative activities to include implementing a Leadership Enhancement and Achievement Development Program. (Attachment # 26) Motion authorizing the City Manager or his designee to execute an agreement with Buccaneer Little League to provide $5,000 from the FY 2001-2002 Weed & Seed Program to improve and enhance a Little League Youth Sports Baseball Program. (Attachment # 26) Ordinance amending the Code of Ordinances, City of Corpus Christi, by adding Section 55-159.1 to Article XII, Water Conservation, of Chapter 55, Utilities, to establish procedures for distributing water to raw water or wholesale treated water customers on a pro rata basis during a water shortage; providing for penalties. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting O~ober9,2001 Page10 28. 29. 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 inforrnation pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng 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. Executive session pursuant to Texas Government Code Section 551.071 and 551.072 regarding City of Corpus Christi v. Nancy Helen Graham, et al, No. 01-025-C, County Court at Law, San Patricio County, Texas, and regarding land acquisition in connection with the Rincon Bayou Project, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Goverenment Code Section 551.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319thDistrict Court, Nueces County, Texas with possible dicussion 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 O~ober 9, 2001 Page 11 O. REPORTS: 30. 31. 32. P. NOTE: 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 concems; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other bdef discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:00 p.m., October 5 ,2001. Armando Chapa /~k_~j City Secretary The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL 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 Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Cominue community involvement on issues such as Leopard Street improvements. Privatization / Re-Eneineerin~, · Clearly define "privatization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax · Establish election date. Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. Packer~ Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. Internet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brash pickup via e-mall. CDBG · Continue active role. Frost Bank Buildim, · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. Redistricting · Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Council Action Items · Staff completes action requests in a timely manner. City / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods I~ *Employee Classification Study Ma ster Drainage Plan -~ Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements [~ Improve Permitting Process (online / customer service) -- Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/offramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 PRESENT Mayor Mayor MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 25, 2001 1:08 p.m. Samuel L. Neal Jr. Pro Tem Rex A. Kinnison* Council Member~: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott Ci_ty Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Minister Luis Torres Jr., Iglesia de Cristo, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 regular Council meeting of September 18, 2001. A motion was made and passed to approve the minutes as presented. *Council Member Kinnison arrived at 1:10 p.m. Mayor Neal called for consideration of the consent agenda (Items 2-8). City Secretary Chapa pointed out that Item 2 needed to be amended. Council members and audience members requested that Item 4 be discussed. Mr. Chapa polled the Council for their votes and the following were passed: 3. M2001-370 Motion authorizing the City Manager or his designee to execute an amendment to the contract with Freese and Nichols Inc. in the amount of $69,000 for construction phase engineering services for water supply security and control improvements at Choke Canyon Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline pump stations. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. ORDINANCE NO. 024599 Ordinance authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Model Railroad Club Inc., a non-profit organization, for the use of City Minutes - Regular Council Meeting September 25, 2001 Page 2 o property at 821 Louisiana Avenue for recreational purposes and in consideration of Corpus Christi Model Railroad Club Inc., maintaining the premises and improvements and opening the facility to the public. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 024600 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Great Western Soccer League, a non-profit organization, for the use of City property, to wit: Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western Soccer League maintaining the premises and improvements. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 024601 Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-02- L-00805, on land at Corpus Christi International Airport, terminating September 30, 2002, with option to renew annually through September 30, 2011, with the U.S. Deparm~ent of Transportation, Federal Aviation Administration (FAA) for the operation of an engine generator and underground fuel tank in consideration of the obligations assumed by the FAA in its establishment, operation and maintenance of the facilities upon the leased premises. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 02:4602 Ordinance amending the 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. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. Mayor Neal opened discussion on Item 2, computer equipment. City Secretary Chapa said staff wished to change the contract period from five years to three years. Mr. Kinnison made a motion to amend Item 2 as stated by Mr. Chapa, seconded by Mr. Colmenero, and passed. There were no comments on Item 2. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 25, 2001 Page 3 2.a. M2001-368 Motion authorizing the City Manager or his designee to lease purchase a hardware upgrade for the City's IBM AS/400-620 processor from Business Integrators Inc. for $147,810. Maintenance costs are not to exceed $57,190 over a three-year period. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 2.b. M2001-369 Motion authorizing the City Manager or his designee to lease purchase an AS/400 disk drive storage from Business Integrators Inc. for $71,882. Maintenance costs are not to exceed $29,820 over a three-year period. This purchase will be contingent upon Council approval of a storage area network in October, 2001. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 4, amending the Code of Ethics. Mr. Jack Gordy, 310 Norton St., said that due to what has happened since the November 2000 election, he was asking the Mayor to abstain from discussing or voting on Item 4.a. He said he strongly believes that this action is needed due to previous misunderstandings and he urged the Council to support it. Mr. J.E. O'Brien, 4130 Pompano, said he supports the proposed ordinance. Responding to Council Member Longoria, City Attomey Bray said the Election Code defines "political advertising" as a communication supporting or opposing a candidate or measure. He said it does not apply to a communication that does not advocate passage or defeat; i.e., factual information is not a violation. Mr. Longoria asked whether it would be a violation if a Council member sent information to his constituents on city stationery which clarified the purpose of a measure. Mr. Bray replied that that would not be a violation if it was merely explaining and not promoting a measure. He said it would be a legitimate constituent response. Mayor Neal asked Mr. Bray if there was any reason why he should not vote on Items 4.a. and 4.b. Mr. Bray said there was none. Council Member Kinnison asked whether the city falls under the Texas Election Code anyway, and Mr. Bray said it does. He said the difference is that in addition to filing a complaint with the Texas Ethics Commission, five people can now file a complaint with the City Ethics Commission. Minutes - Regular Council Meeting September 25,2001 Page 4 Council Member Chesney asked if it would be a violation if he replies (using city stationery) to a constituent's question about his stance on a particular issue. Mr. Bray said that is a gray area, adding that he is not aware of a Texas Ethics Commission decision on that issue exactly. He said this action is an election provision and it applies to candidates or ballot measures. He said he would go back and research it some more. City Secretary Chapa polled the Council for their votes as follows: 4.a. FIRST READiNG ORDiNANCE Ordinance amending Section 2-311 (3) of the Corpus Christi Code of Ordinances to add Section 255.003 of the Texas Election Code regarding political advertising to the standards of conduct in the Code of Ethics. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 4.b. FIRST READiNG ORDiNANCE Ordinance amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that the date of the Ethics Commission's annual meeting shall be a date in September as set by the Commission. The foregoing ordinance passed on first reading by the folloxving vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 9) was regarding the multi-purpose arena and convention center projects. Council Member Kelly said that since his office is very close to the arena site, he would be abstaining from participating in this discussion. Mr. Raymond Gignac, ofGignac & Associates, said the previous master plans presented to the Council have led up to this first phase of schematic design, which will be refined prior to proceeding with the construction documents, bidding process, and actual construction. Mr. Gignac said the guiding principles used in creating this design include the desire to create a new civic and entertainment destination for the city; to increase the marketability of the shared facilities; to integrate the development with the downtown area and the Bayfront Arts and Sciences district; and to establish a new, contemporary image for the Bayfront Convention Center and arena. Mr. Gignac then showed slides of the master plan of the facilities and how they will be integrated. Mr. Andrew McLean, of Thompson, Ventulett, Stainback & Associates, discussed the schematic design of the convention center in more detail and Mr. Robert Fatovic, of Architectonica, discussed the arena's design. All three men replied to Council members' questions about specific aspects of the projects, including the large glass front of the arena and the size of the seating area in that facility. Minutes - Regular Council Meeting September 25,2001 Page 5 Responding to additional questions, Deputy City Manager Noe said that in October staff expects to bring to the Council the proposed agreements with SMG, the arena management finn. He said the next stage of the design will be much more specific. Mr. Gignac said in the next two to four weeks the architects will be able to receive some confirmation of the cost of the projects. Mr. Noe said that in the next 60 days they hope to bring the Council a full operating proforma for the first five years of the facility. The architects also discussed ADA compliance, sporting events (such as arena football), parking, RTA bus service, and the funding percentage for art. Mr. Justin White of SMG said the proposed arena has enough seating capacity now to accommodate several major acts. He said that with the exception of major artists such as the Backstreet Boys, the trend now is for artists to play mid-size arenas such as Corpus Christi's (depending on their touring schedule). Mr. Noe confirmed that the two-tier bowl design will be able to be funded by the 1/8th cent sales tax for 25 years. Mr. Giguac also briefly addressed incorporating art into the projects' designs. Mayor Neal said the consensus of the Council is that the architects are headed in the right direction and they are looking forward to the next phase. He then recessed the Council meeting to read the day's proclamations. Upon reconvening, Mayor Neal referred to the second presentation (Item 10) regarding the JFK Causeway elevation construction project. Mr. David Casteel, District Engineer of the Texas Department of Transportation (TXDOT) Corpus Christi District, described the history and parameters of the project. Starting from the mainland and moving toward Padre Island, the project includes a new freeway section with frontage roads; a new 2,850-foot long bridge to enhance water cimulation on the Upper Laguna Madre; traffic turnaround and recreation access under the bridge; and a new Humble Channel bridge. In addition, public access to the bait stands and fishing piers on the south side will be retained. Mr. Casteel said the roadway section from the Humble Channel to the JFK Bridge will be raised to an elevation of 9 feet and the center line of the new roadway will be approximately 29-30 feet north of the center line of the existing roadway. He said the north side retaining wall will average 11 feet and the wall on the south will be 3-5 feet. He said the project is scheduled to be let in November 2001, which is contingent upon receiving all the permits from the Corps of Engineers. If that occurs, the project can begin in January 2002 and hopefully be completed in June 2004 at a cost of $45.2 million, which is funded from five sources. Mr. Casteel also described the procedures of the project's two phases. Responding to Mayor Neal, Mr. Casteel said the project extends 1,740 feet east of Aquarius Drive. Council Member Garrett asked about exiting patterns, and Mr. Casteel said vehicles traveling east will be able to exit by the bait stands to access them and also to drive along the frontage road on the south side. He said the number of lanes on the Intracoastal Waterway will remain the same. Minutes - Regular Council Meeting September 25, 2001 Page 6 Council Member Scott commented on the impact the construction will have on the island's tourism and businesses. Mr. Casteel said some of the contractors who have expressed interest in the project have said they would have to have extended work hours in order to meet TXDOT's aggressive schedule, which he explained. He said the construction work area has been diminished from 19 feet to 13 feet, which allowed for two 12-foot lanes with 12-foot shoulders in each direction. In addition, them will be one 12-foot lane of traffic with a 12-foot shoulder for any stranded vehicles to move over. He also discussed the retaining walls that are planned. The third presentation (Item 11) was an update on City Council Priority Issue No. 16 for the development ofa southside traffic plan. Mr. David Seiler, City Traffic Engineer, explained that along with the northwest area, the southside is one the city's fastest growing areas. He said the number and scope of street capital improvement projects (CIP) since the mid-1980s have not been on par with new development and traffic demand. He said the central concerns include: that the city is close to non-attainment status for air quality; traffic congestion is a primary contributor to air pollution; and there are limitations on existing street and expressway capacity in developed and congested areas. As a result, conventional and innovative transportation system management strategies are necessary, which will require coordination with TXDOT, the Regional Transportation Authority (RTA), and the Metropolitan Planning Organization (MPO). Mr. Seiler said that ultimately staff hopes the approved traffic plan recommendations can become part of the CIP Planning Guide. Using a map, Mr. Seiler referred to the bom~daries of the southside study area: McArdle and Alameda streets on the north; Crosstown Expressway on the west; Ennis Joslin Road on the east; and basically Oso Creek on the south. He said the Southside Master Transportation Plan has been amended a few times since the 1980s when the Comprehensive Plan went into effect. He said recent improvements in that area include Holly, Airline and McArdle roads and the Crosstown extension frontage roads. Projects that are currently underway or are planned include Ennis Joslin (Spur 3); Crosstown interchange/main lane extensions; Yorktown extension; McArdle Road Phase 3; RTA southside transfer station; traffic signal capital improvements; Airline Road intersection approach at SPID; Staples Street intersection approach at Everhart Road; street overlay projects (Staples and Gollihar-Williams); and the RTA street improvement program (special projects). Mr. Seiler then discussed in detail the components of the southside traffic plan: South Padre Island Drive traffic congestion study; southside transportation loop study; travel time and delay studies (including congestion management measures and reduction of interference to through traffic); master transportation plan/street cross-sections; bicycle master and mobility plans; strategies to increase transit ridership; access management plan and ordinance; consideration of intelligent transportation system (ITS) strategies; and review of transportation planning and development. Mr. Seiler said staff plans to bring a consolidated set of recommendations to the Council for their consideration which, if approved, would lead to amendments to the Southside Area Transportation Plan and the Capital Improvement Planning Guide. He then discussed the proposed time line for the proposals with completion planned for Mamh 2003. Minutes - Regular Council Meeting September 25, 2001 Page 7 Responding to Mayor Neal, Mr. Seiler said the MPO conducted a travel time and delay study at least three years ago and city staff does not want to rely on that data now. The Mayor said the city needs to coordinate with the MPO so as not to duplicate efforts. Mr. Seiler said the city plans to do its own study in-house but will also involve the MPO staff. Council Member Kinnison commended staff for this report and he added that TXDOT is an important element of the plan. Council Member Colmenero asked staff to include Gollihar in the study area as the northern boundary (rather than stopping at McArdle Road). Mr. Seiler said the city's CIP includes an overlay project on Ayers Street between the Port-Ayers "Y" and SPID. He said staff is considering whether a narrow center continuous left-turn lane can be included. Responding to Council Member Garrett, Mr. Seiler said the Crosstown lane extensions will help relieve pressure at the intersection of Civitan and Ayers near the City Service Center. Mr. Bryan Wood, TXDOT Deputy District Engineer, said Phase 2 of the extension project will exit traffic between SP1D and Holly Road until Phase 3 is completed, which is the construction of overpasses at Holly and Saratoga. At the conclusion of that phase, traffic will be able to continue south past Saratoga. Mr. Garrett also asked about possible ramp reversals on SPID at Everhart and Staples. Mr. Seiler said there might be some constraints to doing that as a result of development that has occurred; some alternatives might be to eliminate some entrance ramps. He said that will be part of the Texas Transportation Institute study. Council Member Noyola commented on the large amount of traffic on Ayers Street, as well as Saratoga Boulevard and Holly Road between Greenwood and Ayers. The fourth presentation (Item 12) was the quarterly update on the airport terminal reconstruction and other related projects. Mr. Dave Hamrick, Acting Aviation Director, said that Phase 3 of the terminal construction is continuing. He said the installation of the pre-cast siding and upper-level concourse slabs is in progress and the roofing steel is in place. The scheduled move-in date of August 2002 is still on target and all of the projects should be completed by March 2003. He said that Phase I of the terminal apron project is in progress and the contract for Phase II has been awarded and the contractor is awaiting the notice to proceed. In addition, the project is within budget. He then showed photographs of the terminal construction. Mr. Hamrick said that after the September 1 lth terrorist attacks, Corpus Christi's airport terminal was evacuated and completely searched. The construction projects were shut down for a few days until staff could coordinate with the Federal Aviation Administration (FAA) prior to resuming the construction. Currently only ticketed passengers are allowed beyond the security checkpoint, although there are exceptions for disabled persons and young people who are flying. Mr. Hamrick said there are also continuous random bag searches at the checkpoint. He said the FAA has instructed staff to increase the apron and terminal patrols and, as a result, four additional security personnel have been added. The FAA has also directed that no unauthorized or unattended vehicles will be allowed within 300 feet of the terminal, which affects both the short-term and long-term parking areas and the rental car lots. He said that cabs are not affected because they are attended vehicles. Minutes - Regular Council Meeting September 25, 2001 Page 8 Responding to Council members' questions, Mr. Hamr/ck said he believes that the 300-foot prohibition will be permanent and he has been instructed to ask the FAA for assistance on possibly reducing the radius or installing altemative safety precautions. City Manager Garcia said that almost all of the short-term parking has been eliminated and if the 300-foot rule is enfomed, the parking lot will have to be redesigned. Mr. Hamrick said that as of October 1st, the city should have the same number of flights prior to September 1 lth and the same amount of staffing; however, all that is subject to change at any time. He also discussed enplanement numbers, saying that Corpus Christi's numbers are not that much lower than they were in August 2001. Mr. Hamrick said that due to the computer-generated searches being conducted by the airlines, passengers should arrive two hours prior to their scheduled departure time. The Acting Airport Director then discussed the economic impact on the airport's budget through Jnly 31, 2002. He delineated the projected loss in revenues from landing fees, parking fees, concession fees, the closure of the airport for three days, and projected additional expenditures, for a total impact of $855,243. He said the airport's budget may be cut by $238,000, for a total net effect of $617,243 (although it would not impact the existing airport personnel). Mr. Garcia said those figures are based on the worst-case scenario and staff does not believe that those trends will continue. It is expected that the federal bailout will stabilize the airline industry and Corpus Christi will not be faced with such a severe reduction; however, staff wanted to inform the Council that the possibility of such reductions does exist. Mr. Hamrick also discussed possible reductions in the airlines' passenger facility charges. Despite those reductions, the city will have sufficient funds to pay the debt service payments for FY 2002-03 and the first payment of FY 2003-04. Mr. Garcia said staff does not envision having to make any changes to the bond program. Mr. Hamrick said staff is recommending the following: continue the terminal construction as programmed; pursue measures to relocate the checkpoint past the concession area; re-evaluate the landside roadway project; and remain proactive and plan appropriate, event-based responses. Mr. Jorge Cruz-Aedo, Director of Financial Services, said that on September 21, 2001, Standard and Poor's (one of the rating agencies) issued a statement that all of its North American airport and airport-related special facility ratings were put on credit watch with negative implications in the wake of the September 1 lth attack. He said Moody's Investor Service and Fitch indicated that they had no rating action to date and that they will be monitoring the industr~ and evaluating the results. Mr. Cruz-Aedo said all of the financial markets are monitoring the situation not only in the near term but also in the future. He said the consensus of the financing team for the airport bonds is that the city should continue to plan for contingencies and proceed with the project. Mr. Garcia said the airport reserves are very healthy and Mr. Cruz-Aedo said both the airport bond issue and the reserve requirement are insured and the city has some capitalized interest. Mayor Neal said he would like to have the Airport Board's recommendations on the landside roadway project and he thanked staff for their efforts to plan for possible impacts as a result of the Minutes - Regular Council Meeting September 25, 2001 Page 9 terrorist attacks. Mr. Garcia and Mr. Hanmck also responded to Council members' questions regarding financial issues, parking, and the status of the new control tower. The fifth presentation (Item 13) was the quarterly update on the water and wastewater re- engineering efforts. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said the "theme" of re-engineering is "Effectiveness (doing the right things), Efficiency (with as few resources as is practical), and Economy (at the lowest reasonable total cost)." He said the city's re- engineering efforts are based on the following competitive strategy: develop the workforce through multi-skilled workers, more competitive wages, and skill-based pay; automate facilities by pursuing an aggressive capital improvement program (e.g., SCADA); and improve work management through a computerized maintenance management system (CMMS). Mr. Massey said the departmentally managed costs in the Water and Wastewater departments have remained flat while the increases in the overall budget result from capital improvements. He said 110 positions (23%) were eliminated in both departments with no layoffs; however, new tools and technology have not yet been introduced to help manage work handled by the remaining staff. He said they are working within the city's current compensation plan through the increased use of skill-based pay and shift differential pay and they are anticipating the new compensation and classification plan that is now underway throughout the city. In the area of work management practices, improvements are needed to: plan, schedule and execute tasks; allocate resources among competing priorities; preserve assets and reduce equipment failures; track work activity costs; and maintain records of infrastructure conditions. Mr. Massey explained that staff met with all city departments that manage infrastructure and introduced the concept of CMMS, which is one of the critical tools to implement changes in work management. Mr. Alan Manning, CEO of EMA Services Inc., gave a computer presentation on the work management program and why it is beneficial. He said the program consists of a set of tools (including hardware and software) that assists in changing behaviors and training people for new work practices; it also monitors performance. He said the idea of a work managment program is to move from a reactive environment to a planned environment, which saves a great amount of productivity and money. He said the center of the program is a work order system which has a simple planning and scheduling module that interfaces with inventory and purchasing and develops a history. He said the goal of the system is to minimize the total cost and he noted that productivity increases with optimal planning, which he explained. Mr. Massey said staff's recommendation is to proceed with the compensation study and to negotiate with EMA to bring a contract to the Council for a pilot work management program. Mr. Garcia explained that the re-engineering effort in the utilities began about 2¥2 years ago and the initial phase is completed, which involved cutting costs by reducing personnel and making other changes. He reiterated that an important element is the new compensation plan. Once that is completed, the reclassified employees will need the tools to use their skills most effectively. Minutes - Regular Council Meeting September 25,2001 Page 10 Mr. Massey said EMA is proposing to implement the work management program through a phased approach consisting of three- to six-month phases costing $200,000 each. In addition, each phase would re-engineer one business unit (such as the water treatment plant). He said this program is needed first in the Water and Wastewater departments and eventually it will include the other departments. Mr. Garcia said that programs such as this are the standard operating procedures in the private sector and staff is trying to establish those same standards in the city's organization. Responding to Mayor Neal, Mr. Massey said that much of the city's preventative maintenance to this point has been based on schedules; however, with more integration, maintenance will be based on nm time of equipment using the SCADA system. Mr. Garcia said they do not plan to have any further reductions in force but they do plan to have a core base of well-paid, well- qualified and trained employees who have the best possible tools to optimize their productivity. Council Member Kelly asked about the total cost of the program. Mr. Massey said there are 13 modules in the pilot program at $200,000 each for a total of $2.6 million over a three-year period. He said only a small part would be paid out of the current fiscal year and the majority of it would be budgeted as a capital improvement investment. He said EMA is estimating that the annual net benefit of the program will be $1.5 million, which Mr. Manning explained. In response to other questions from Mr. Kelly, Mr. Manning gave examples of savings experienced by some of EMA's private and public sector clients. Council Member Noyola asked whether, if the savings are realized, the city could refrain from raising the utility rates. Mayor Neal said one of the real benefits of this program would be to pay the city employees who are becoming mom efficient and better trained. Council Member Colmenero said he is glad that the city is not having to lay off employees and he asked about the classification study. Deputy City Manager Noe said the results from the first phase should be ready in June 2002, which can be included in the FY 2002-03 budget. The second phase, which relates to skill-based positions, will take approximately 12 months. He said the study affects all city positions except those covered by collective bargaining. Mayor Neal called for petitions from the audience. Mr. C.M. Henry, 5118 Cavendish, said he feels the signs in front of the bond projects listing the names of the Mayor and the At-Large members are illegal. He said he will not support those Council members in a future election. Mr. R.F. Hasker, 1813 Wallace, asked if citizens will be receiving a rebate of the 50¢ charge on phone bills for 911 services. Mayor Neal said that while the appellate court has favorably looked upon the city's request to have it removed from the county-wide 911 system, the case has not yet gone through the court system completely. City Attorney Bray said the suit is against the State Commission on Emergency Communications, which is represented by the Attorney General. He said staff does not know whether the appellate court's decision will be appealed or retroactive. Minutes - Regular Council Meeting September 25, 2001 Page 11 Mr. Jack Gordy, 310 Norton, referred to charges for offense, incident and accident reports as well as two letters from Ms. Hadassah Schloss, Open Records Administrator for the state's General Services Commission, dated August 20, 2001 and September 21,2001. Mr. Gordy said the City Manager said he was wrong in his statements about the report charges but Ms. Schloss' letters say he is right and he feels he is owed an apology. Council Member Colmenero said this issue keeps coming before the Council and he asked staff to give an explanation. Deputy City Manager Noe said that city staff spoke with Ms. Schloss and implemented the direction given in her letter dated August 20, 2001, that the city could charge $2.00 for copies of offense and incident reports that are requested by strangers. Subsequently, Mr. Gordy went back to Ms. Schloss, who amended her position, saying that $2.00 is the correct charge for copies of reports that have information redacted from them. However, if no information is redacted the charge should be 10¢ per page. Mr. Noe said that is a different interpretation than before. He noted that only about one out of every I00 reports will not have information redacted from it. Mr. Noe added that if Ms. Schloss sends a subsequent letter with different instructions, the city will implement them because she is the authority in that area. Mr. Colmenero asked about Ms. Schloss' reference to the charge for accident reports of "$6.00 or the actual cost of preparing the copy, whichever is less" (according to HB 1544). Mr. Noe said the law does not say that a city has to justify the cost in advance. He said cities across the state have always seen--and Ms. Schloss acknowledged in prior discussions--that the amount set out in the Transportation Code was believed to be reasonable on it face. He said Corpus Christi's Police Department will document its costs in order to comply with the law. Mayor Neal asked if staff was conducting a cost analysis of the accident report fees. Mr. Noe said it should be completed in less than a week. He said staff is still charging $6.00 for accident reports and they believe that charge will be justified by the cost analysis. In response to Council Member Chesney, Mr. Noe read from Ms. Schloss' August 20th letter regarding the charges for incident and offense reports. He said staff's understanding from talking to Ms. Schloss was that any stranger requesting such a report could be charged $2.00 whether staff redacts or not because the report has to be reviewed first to determine if there is any confidential information to be deleted. He added that staff's response to Council members' questions last week was based on Ms. Schloss' instructions in her August 20th letter, which they had implemented. Council Member Kelly thanked Mr. Gordy for his diligence in getting this situation straightened out. He said he does not believe city staff wants to purposefully overcharge the citizens. However, he said he believes the criticism of staff may be somewhat harsh because he interpreted Ms. Schloss' August 20th letter the same way staff did. He said he felt Ms. Schloss' September 21 st letter was inconsistent with the section in question of the previous letter. Council Member Noyola said this issue needs to be resolved once and for all. Mr. J.E. O'Brien, 4130 Pompano, said that on September 18th the City Manager misled the Council and put words in Mr. Gordy's mouth regarding the issue of police reports; he also told the newspaper that Mr. Gordy was incorrect "as usual." He said Mr. Garcia owes Mr. Gordy an apology. Minutes - Regular Council Meeting September 25, 2001 Page 12 He also referred to Ms. Schloss' September 21st letter in which she told city staffthat their practice of charging $2.00 for reports that are not redacted must stop immediately. Mr. O'Brien said the Police Department needs a new attorney and the City Manager should be reprimanded. He added that in some cases, presentations to the Council violate the Open Meetings Act and the City Charter. Mr. Richard Sanchez, 4214 Valley Circle, said he was representing the Texas Jazz Festival Society along with Mr. Eddie Galvan and Mr. Beto Garcia. Mr. Sanchez thanked the Council for their support and noted that the event is in its 41st year. He said that after the September 1 lth terrorist attacks, the Jazz Festival organizers had considered cancelling this year's event but decided that the community needed to be uplifted with free music. Mr. Galvan said the Jazz Festival costs $100,000 to produce and all of that money stays in Corpus Christi. Council Member Noyola thanked the artists and organizers of the event. Mr. Raymond Verhey, 4973 Deer Park, discussed the new permits that were established for the city's Elliott Landfill. He said he represents about 25 property owners who no longer find it feasible to hire small haulers to dispose of their trash because of new insurance requirements. He asked the Council to assist them in finding a solution to their concerns. Mayor Neal asked Mr. Verhey to discuss it with Mr. Massey. Mr. Noyola said the new regulations are hurting small business owners. Ms. Mary Beth Nelson, 2721 Erie, said she is chairperson of the state governing board of Common Cause of Texas. She commended the Council for the amendments to the ethics ordinance and said them is more work to do. She also said she feels the City Manager needs to apologize to Mr. Gordy for his comments and she said Common Cause has been watching the issue of ovemharges for Police Department reports and several organizations am ready to come down on the City of Corpus Christi on that cause as soon as it goes to court. She also recommended that workshops be held for each new Council on the Open Records and Open Meetings Acts. Council Member Garrett referred to Mr. Henry's previous comments regarding the signs in front of the bond projects. Mr. Garrett said the signs were meant to provide information for citizens about the different projects and he was not aware that some of the Council members' names were on the signs. He asked City Attorney Bray if the signs are illegal. Mr. Bray replied that he did not think so but he has not looked at it. Mr. Garrett then made a motion to remove the Council members' names from the signs and to only use the signs to identify each particular project. He said if they are illegal they should be removed. Mr. Noyola seconded Mr. Garrett's motion. Mayor Neal said the Council could not vote on that issue at that time. Mr. Ram Chavez thanked the Mayor, City Council and staff for giving the Veterans Band the opportunity to participate in the memorial service held on September 16th for the victims of the terrorist attacks. Mr. Chesney said he took offense at Ms. Nelson's use of the words that President Bush spoke Minutes - Regular Council Meeting September 25, 2001 Page 13 following the terrorist attacks that "you're either with us or against us." Ms. Nelson replied that Common Cause has been using that phrase for the last 30 years. Mayor Neal called for a recess. Upon reconvening, the Council heard the sixth presentation (Item 14) regarding the city's Internet website. Ms. Susan Cable, Director of Communications and Quality Management, showed the Council and public the two sites her department manages: the internal "Intranet" site for city employees and the city's web page on the Internet (www.ci.corpus-christi.tx.us). She said the Intemet site was launched in October 1999 and during that month it received 3,000 "hits" per day. In recent months, the number of hits has increased to over 14,000 per day (over 400,000 per month). She said that last year the site received a first place award from the Texas City Management Association. She said Ms. Diana Ramirez in her office manages the sites with support from MIS. Ms. Cable then discussed the variety of information and links on the web site, including current issues such as the bond projects update, water conservation tips, budget summary, financial report summary, quarterly financial and performance report, Packery Channel/TIF, news releases, and the new solid waste ordinances. Ms. Cable noted that the "City Govemment" listing contains information about the history of Corpus Christi; city boards and commissions; City Council; City Manager and Deputy City Manager; City Secretary and services provided by his office (such as ethics filings, elections, City Charter, etc.); City Council meeting agendas and minutes; and citizen comment form. There are also links for several city departments and services as well as tourism and businesses including major tourist attractions (museums, USS Lexington, Texas State Aquarium), colleges and universities, and other links (State of Texas, Nueces County, and the Weather Channel). Mayor Neal asked that a link be created to the Hispanic Chamber of Commerce's site similar to the other Chambers of Commerce. Ms. Cable said the city issued a request for information on interactive and transactional services and staff is in the process of narrowing the list to two vendors. The seventh presentation (Item 15) was an update on the new Solid Waste Services (SWS) automated garbage collection program. Mr. Jeffrey Kaplan, SWS Director, recognized the employees who wil! be driving the new automated trucks, saying they have each worked an average of 15 years for the city. Using a computer presentation and a map, Mr. Kaplan said the current collection program is divided into two areas (north and south) and consists of twice-per-week garbage pick up with 36 routes per area. He said it currently takes 143 employees to service approximately 36,800 residences daily. Mr. Kaplan said the automated program will include the following elements: three service areas (north, central and south); twice-per-week pick up; reconfigured routes; six-day work schedule with 10-hour days; 39 automated routes (13 per area per day); 38 manual routes (the number per area Minutes- Regular Council Meeting September25,2001 Page 14 per day will vary); and 98 employees to service the routes. He said all three areas will consist of both automated and manual routes. The north area will continue to have their garbage picked up on Mondays and Thursdays. In the central area, the pick up days for the automated routes will be on Wednesdays and Saturdays and the manual routes will be on either Mondays and Thursdays or Tuesdays and Fridays (which will be a change for some customers). The south area will continue to have garbage pick up on Tuesdays and Fridays. Mr. Kaplan said the six-day work schedule, which was recommended by the city's consultant GBB, captures the greatest operational efficiencies and minimizes operational expenses. In addition, it maintains the twice-per-week frequency as directed by the City Council. Mr. Kaplan also discussed the new 96-gallon and 65-gallon carts, which will be delivered next month. Residents will begin using the new carts effective the next collection day after delivery. He added that ifa resident wants an additional cart, he will be charged $40 for the 96-gallon cart or $36 for the 65-gallon cart (with a $10 delivery fee). The SWS Director said that for the first 90 days of the program, the automated route drivers will have an additional crew member to assist with the route conversion. In addition, selected long- tenured drivers will conduct an operational evaluation of the system. In October certain routes and trucks will be tested and the official start of the program is scheduled for Monday, November 5, 2001. He said all 13 automated trucks were received by September 17th. Mr. Kaplan also discussed media and customer communication pieces that have been disseminated as well as holiday schedules. He said after the first four or five months, staff will phase in service for multi-family customers using 300-gallon carts. Mayor Neal thanked Mr. Kaplan, Ms. Estela Garcia, and other SWS staff, and he noted that the drivers will be critical to the success of this program. Council Member Colmenero said there are several smaller streets in the central area and he asked how staff will address problems that will arise. Mr. Kaplan replied that those issues can be addressed and documented during the first 90-day period by the extra staff member so that the customer can be educated about various aspects of the program. Council Member Kelly said his residence was included in the pilot progratn, and he asked about the durability of the carts. Mr. Kaplan said the carts are warrantied for 10 years, which is their life expectancy. He said if residents had a problem with the carts used in the pilot program, the city will replace it for free if they cannot repair it. Mr. Kelly also asked about extra garbage bags placed outside the carts. Mr. Kaplan said staff will pick up the bags and they do not intend to penalize people but they will study the issue. Responding to Council Member Noyola, Mr. Kaplan further discussed the operation of the automated trucks and safety issues. Mayor Neal opened discussion on Item 16, "B-1A" zoning district. There were no comments from the audience. City Secretary Chapa said staff was proposing an amendment to a portion of Item 16 (Section 12A-9.4), which he read. Mr. Chesney made a motion to amend Item 16 as read by Mr. Chapa, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes: Minutes - Regular Council Meeting September 25,2001 Page 15 16. ORDINANCE NO. 024603 Ordinance imposing a temporary six month moratorium on the requirement to construct a six foot high masonry fence when a "B-lA" Neighborhood Business District abuts a residential district in Section 12A-9.4 of the Zoning Ordinance of the City of Corpus Christi, Texas; providing for an effective date. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 17, street renaming procedure. There were no comments from the audience. Council Member Longoria referred to the survey process in the proposed street renaming procedures which states that 50% of the property owners must support the renaming. He said that scenario could result in a divided neighborhood and he suggested that the percentage be raised to 75% of the neighborhood. Mr. Seiler said the proposed requirement is 50% of the property owners (as opposed to 50% of the responses to the survey). City Manager Garcia said staff can set it at any percentage the Council wishes. Council Member Scott asked who would be responsible for the cost of the new signs. Mr. Seiler said the city has and would continue to pay it. Mr. Longoria made a motion to amend the section of the approval process so that properly owner support should exceed 75%; seconded by Mr. Colmenero. Mr. Noyola said he agrees with Mr. Longoria because it will compel the petitioner to seek the support of the affected property owners. Mr. Scott said he did not think the city should have to pay for the new street signs. Mr. Garcia said staff can stipulate that the cost of the new street signs will be paid by the people who are successful with the name change petition. Mr. Scott said he wished to make that a motion, and Mr. Longoria said he would accept an amendment to include a provision that the street sign cost will be paid by the petitioner(s). Council Member Kinnison asked about the cost of the street signs. Mr. Seiler said each sign assembly costs about $100 installed and there is one sign per intersection along a local street and two per intersection along an arterial. Mayor Neal called for a voice vote on Mr. Longoria's motion to amend Item 17 to change the required approval from 50% to 75%. The motion passed unanimously. The Mayor then asked staff to include wording in the ordinance about the street sign cost being paid by the petitioner(s) to be considered by the Council on second reading. City Secretary Chapa polled the Council as follows: 17. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section Minutes - Regular Council Meeting September 25, 2001 Page 16 49-1 - Procedure for naming, renaming or changing names of streets, by replacing current procedures with new procedures and fees. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mr. Chapa said that inherent in the street renaming process is the current Council policy regarding renaming streets. He said the Council may want to consider changing that policy and on second reading staff can make a recommendation on how to do that. Mayor Neal said the Council should look at the policy at the same time they consider the second reading of the ordinance to ensure that they are consistent. Mayor Neal opened discussion on Item 18, leased motor vehicles. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Ordinance providing for continuation of ad valorem taxation of leased motor vehicles. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 19, service charge for returned checks. There were no comments from the audience. Responding to Council Member Scott, Mr. Cruz-Aedo said this proposal is the standard amount charged by most of the city's collection partners. Mayor Neal asked if there were any state or federal laws that would come into play, and Mr. Bray replied that he is not aware of any. City Secretary Chapa polled the Council for their votes as follows: 19. FIRST READING ORDINANCE Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for an effective date of October 12, 2001. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 20, franchise fee payments. Responding to the Mayor, Mr. Garcia said this was the lawsuit settlement that staff previously discussed with the Council. There were no comments from the audience. Council Member Kinnison asked about an audit on Minutes - Regular Council Meeting September 25, 2001 Page 17 some fees. Mr. Bray said there is no need to go forward because this action releases all past claims. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 024604 Ordinance settling and releasing claims against Central Power and Light Company concerning franchise fee payments; providing no pass through of settlement amounts; and specifying terms for future franchise payments. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal announced the following executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following with possible discussion and action related thereto in open session: 21. City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th District Court, Nueces County, Texas; 22. City of Corpus Christi, a Self-Insured Govemmental Entity v. June E. Shultz, Claimant, 01- 3819-B, 117t~ District Court, Nueces County, Texas, and regarding related claims; and 24. City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459oA, 28th District Court, Nueces County, Texas. (Note: the executive session under Item 23 regarding City of Corpus Christi v. Nancy Helen Graham, et al, No. 01-025-C, County' Court at Law, San Patricio County, Texas, and regarding land acquisition in connection with the Rincon Bayou Project was withdrawn.) The Council went into executive session. The Council returned from executive session. Upon reconvening, City Secretary Chapa said that Council Member Noyola had filed a conflict of interest affidavit for Item 8 and he was requesting the Council's authority to change his vote to an abstention on that item. A motion allowing Mr. Noyola to change his vote to an abstention on Item 8 was made and seconded and it passed unanimously. Mayor Neal called for the City Manager's report. Mr. Garcia said the Labonte Park dedication will be held on September 26th at the former Nueces River Park. Terry and Bobby Labonte will be in attendance. Mr. Garcia said the next Council meeting will be held on October 9th. He said the Bayfest organizers and the Buccaneer Commission had requested a joint luncheon meeting with the Cotmcil on that day to discuss the policy of funding public costs for those events. The Mayor suggested that that issue be placed on the regular agenda and comments can be made by any interested persons. Mr. Garcia said they would cancel the luncheon meeting. Minutes - Regular Council Meeting September 25, 2001 Page 18 The Mayor referred to a letter to the editor regarding the Council's appointment to the Port Board. He said the Council does not instruct its appointees to the various boards about how to vote. Mayor Neal called for Council concerns and reports. Mr. Scott said that after reading about the State Ethics Commission last week, he wished to say that Mayor Neal is a man of great integrity and high personal ethics. He said it is an honor to serve with the Mayor. Mr. Noyola said that he, Mr. Garrett and Mr. Chesney will hold a District 3 town hall meeting at Moody High School cafeteria on October 10th. Mr. Noyola also reported that a citizen was cutting the grass in a city ditch near Weber and O'Day streets and he said there is a pile of concrete near Pmgela and Barrera streets. Mr. Chesney said there was a close vote on the Council's appointment to the Port Board because there were many outstanding nominees. He said the letter to the editor was incorrect and he feels it is an attempt to undermine the Council's appointment. He added that the October 10th town hall meeting will be held in District 3 but all citizens are invited to attend. IVO'. Kelly forwarded written comments from students at Calallen Middle School to the Mayor following his recent visit to their school. Mr. Colmenero referred to a petition initiated by residents on Marion Street regarding safety issues. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:02 p.m. on September 25, 2001. 2 RESOLUTION CONDEMNING THE SEPTEMBER 11, 2001 ATTACK ON THE UNITED STATES AND DECLARING THAT THE CITIZENS OF CORPUS CHRISTI ARE UNITED AS AMERICANS IN SUPPORT OF THE LEADERSHIP OF PRESIDENT BUSH AND CONGRESS IN THIS TIME OF CRISIS. WHEREAS, horrific and cowardly acts of terrorism occurred in the United States September 11, with direct impacts on our nation's cities; and WHEREAS, the nation is shocked and saddened by those acts; and WHEREAS, our thoughts and prayers go out to the victims and their families; and WHEREAS, together we support whatever it takes to punish those responsible for these heinous acts; and WHEREAS, we have moved quickly to increase security in our cities and protect our citizens. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The Citizens of Corpus Christi applaud the selfless heroism of the countless fimfighters, police officers, rescue workers, members of the National Guard, other public servants, and volunteers across the country; and SECTION 2. We salute the leadership provided by Governor George Pataki, Ne~v York City Mayor Rudy Giuliani, the New York State Legislature. Governor James Gilmore, District of Columbia Mayor Anthony Williams, and other state, county, and local officials; and SECTION 3. We urge everyone in this great country to donate blood in their community to meet current and future emergency medical needs, and to coordinate offers of assistance with the Federal Emergency Management Agency, as requested by New York City; and SECTION 4. We urge an unshaken respect and tolerance for the diversity of America's residents, demonstrating our unity and support for each other especially during these incredibly difficult times; and SECTION 5. We are all united as Americans behind President Bush and the Congress and we commend their leadership and resolve in this time of crisis. 1JRB0501 019 3 ----T T a. ETHICS COMMISSION - Three (3) vacancies with three-year terms to 10-01-04. (Appointed by two-thirds vote of the full Council) COMPOSITION Nine (9) members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. MEMBERS TERM ORIGINAL ~ATE Garry Bradford, Chairperson Gloria Perez, Vice-Chairperson Rev. Dr. Raymond Kiser Rev. Derrick Reaves Fred Haley * Harold R. Fredrickson Eduardo Hinojosa ** Captain Craig Reynolds * Herbie Garcia, Jr. 10-01-02 4-28-98 10-01-03 11-09-99 10-01-03 11-09-99 10-01-02 10-12-99 10-01-02 11-14-00 10-01-01 6-12-01 10-01-03 8-12-97 10-01-01 6-13-00 10-01-01 3-13-01 * Seeking reappointment ** Not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Harold R. Fredrickson Herbie Garcia, Jr. 2 2 100% 4 3 75% OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Betts Executive Director, Trinity Towers Retirement Community. Associate's degree from Columbus State College. Certified Assisted Living Manager in Texas. (6-15-01) 10-09-01.WPD, page l Shelley Z. Fairchild Jack Gordy Charles Irwin Batyah Joseph Roy Martinez Charlie McMullin Raul Torres A.N.M. Waheeduzzaman Child Protective Services Supervisor, Texas Department of Protective and Regulatory Services. B.S. in Criminal Justice, Old Dominion University, Norfolk, VA. Anticipated graduation with M.P.A. from Texas A&M-CC in December 2001. Currently organizing a young mother domestic violence support/education class. (6-27-01) Retired military. High school graduate plus one year at Del Mar College. (5-22-01) Retired Professor of Management, Texas A&M-Corpus Christi. Ed.D., Business Administration. Served as the Campus Ethics Advisor for TAMU-CC. Volunteer activities include serving as Civic Club President and former President of Pharaoh Valley Neighborhood Association. (7-03-01) Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice-President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05-00) Letter Carrier, U.S. Postal Service. Member of American Legion, G.I. Forum, Disabled American Veterans, and National Association of Letter Carders. Has been recognized by the Postal Service for customer service. (11-02-99) Caretaker/Advocate of nine-year old twins with multiple disabilities. Degree in Business Administration. Member of the Driscoll Educational Project and C.C. Community Development Project. Formerly employed by Pier One Imports - awarded Top Manager and Marketing Award. (2-17~01) Certified Public Accountant, Self-Employed. Member of Texas Society of C.P.A.s and American Management Association. (6-07-01) Associate Professor of Marketing, Texas A&M-Corpus Christi. Ph.D. in Business Administration, Kent State University; M.B.A. in International Business, George Washington University; B.A. in Marketing, Dhaka University, Bangladesh. Recipient of Distinguished Teacher Award from the University of New Haven. Member of the American Marketing Association, Academy of International Business and Alpha Mu Alpha (AMA honor society). (9-28-01) 10-09-01.WPD, page 2 Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University- Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (9-20-01) 10-09-0I.WPD, page 3 NUECES COUNTY TAX APPRAISAL DISTRICT - Two (2) vacancies with terms to 12-31-03. (The City Council shall submit names for Places 3 and 4 to Nueces County Appraisal District before October 12, 2001.) COMPOSITION Seven (7) members, each serving a two-year term and each having one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even-numbered year. The following entities will designate board members for the places as listed: PLACE NUMBER 1 and2 3 and 4 5 6 7 JURISDICTION VOTING ON THIS PLACE Corpus Christi ISD City of Corpus Christi Nueces County Urban-Port Aransas to be decided by the following ISDs: Calallen, Flour Bluff, Port Aransas, City of Port Aransas, Tuloso-Midway lSD, and West Oso Rural-Aghbusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstown ISD, City of Robstown, and Santa Cruz ISD. MEMBERS TERM Place 1: Ronnie Canales Place 2: Eloy H. Salazar, Chairman * Place 3: ClifMoss * Place 4: Paul Grivich Place 5: Rudy Garza, Jr. Place 6: William Dodge, III Place 7: Joseph Walston 12-31-03 12-31-03 12-31-01 12-31-01 12-31-03 12-31-03 12-31-01 * Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR ClifMoss (Place 3) 9 Paul Grivich (Place 4) 9 9 100% 9 100% 10-09-01.WPD, page 4 OTHER INDIVIDUALS EXPRESSING INTEREST Louis Alvarado Realtor/New Construction Representative, Martin Agency Realtors. Professional and community activities include: Kiwanis Club, C.C. Board of Realtors, Public Relations Director for Quetzal Theatre Group, Hispanic Chamber of Commerce and Hispanic Contractors Association. (10-01-01) J. Bradley Clarke Self-employed, Real Estate Sales. (8-06-01) John E. Dunn Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recognitions include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-25-01) Herbie Garcia, Jr. President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Employed as a Senior Planner with the City of Houston and Manager in Texas Governor's Office during Richards administration. (2-13-00) Steven Hall, Ph.D. Professor of Accounting, Texas A&M-Corpus Christi. B.B.A., M.B.A. and Ph.D. in Accounting. Active with the Westside Business Association and the Texas Jazz Festival Society. (10-11-00) Charles D. Irwin Retired Management Professor, Texas A&M University-Corpus Christi. Received Ed.D. in Business Administration. Served as Civic Club President, Campus Ethics Advisor, and active in Pharaoh Valley Neighborhood Association. (7-03-01) Raul Torres C.P.A., Self-Employed. Member of Texas Society of C.P.A.s and American Management Association. (6-27-01) 10-09-01.WPD, page 5 4 ~ T T ' AGENDA MEMORANDUM RECOMMENDATION: Motion allowing the City Manger to enter into a lease agreement with EOG Resources, Inc., Corpus Christi, Texas, for an Oil & Gas Lease at the Corpus Christi International Airport in accordance with Bid Invitation No. BI-0162-01 based on only bid for a cash bonus bid of $193,764. Theterm of the lease agreement will be for three years with options to extend indefinitely as provided in the Oil and Gas Lease Agreement. Proceeds from the cash bonus bid and all royalties received under the lease will be deposited into the Airport Fund, Purpose: The Oil and Gas Lease will grant the authority to the Lessee (EOG Resources, Inc.) to investigate, explore, prospect, drill and mine for and produce oil and gas. The term of the lease will be for three years and may be extended indefinitely by "continuous drilling operations" as defined in the Oil and Gas Lease Agreement. The land included within the terms of the lease is approximately 1,136.227 gross acres located in Nueces County as described in the attached Exhibit A. The "Agreed Royalty Share" to the City is twenty-five percent (25%). Bid Invitations Issued: Thirty-eight Bid Received: One Bid invitations were mailed to oil and gas companies located in Texas, Louisiana and Oklahoma. According to the Petroleum Superintendent, the Iow response rate may have been due to the offset obligation requirements in the lease agreement, the availability of current seismic data and the current soft market for natural gas. Award Basis: Only Bid MicfiaelXBarrera,/J. P. M. Procurement and General Services Manager EXHIBIT A 214.5 acres, more or less. out of Block No. 22. J.C. Russell Farm Blockx. Nueces County, Texas, being the same lands described in that certain Deed dated June 13. 195-. from Herbert J. Hoeischer. et. ai to the City. of Corpus Christi. recorded in volume 778. ar Page 13. of the Deed Records. Nueces Count)'. Yexas. 100 acres, more or less. out of Farm Block No. 22. J.C. Russell Farm Bloe~. ::aeces County., Texas, being the lands described in that certain Warran~ Deed dated M,u~h 12. 1958, from A.J. Geistman. et al. to the City. of Corpus Christi. recorded in Volume 806. ax Page ~ 1, of the Deed Records. Nueces County. Texas. plus the lands described in the Warranv,.- Deea dated January. 28, 1958. from the West Point Co-Operative Gin Company to the City of Corp. us C::a-isti, recorded in Volume 799. at Page 501. of the Deed Records. Nueces County., Texas. 470 acres, more or less. being all of Farm Block 23 of the J.C. Russell Farm B~.ocks, Nueces Countv. Texas. which is described in that certain Deed dated June 22. 195-. from F.B. Sechrist. et al. to the City of Corpus Christi. recorded in Volume 780. at Page 87. cf the Deed Records. Nueces County. Texas. 1 _8.-~ 1 ~ acres, more or less. out of Lot 7 of the Margaret Kelly Subdivisio:2- be:n~, the lands described in that certain Warranty Deed dated May 1. I958. t¥om Cecilia Kelly :o the City of Corpus Christi. recorded in Volume 810. at Page 277. of the Deed Recore~- N~ces County, Texas. 61.44 acres· more or less. out of Lot 6 of the Margaret Kelly subdivision, being ~e lands described in that certain WarranD' Deed dated April 28. 1958. from p.W. Kelly. et al. to the City of Corpus Christi. recorded in volume 810. at Page 282. of the Deed Reccrds. ::ueces County, Texas. 78.82 acres of land. more or less. described in deed dated September 2S. ~ 557 5-,m R. Morgan to the City of Corpus Christi. recorded in Vol.788 at p. ~;" of the Nueces Cc'any. Deed Records save and except that portion included in a valid and subsisting ,gas producz:-~n '--_:t. if any. 13.47 acres of land. more or less. being a part of Tract No. 10. out of the Y. ~rgzret Kelly Subdivision of the Kelly Ranch as sho~vn on Map or Plat of said subdivision re:orded in Volume 8. Pa~,e 40 of the Map ~ecords of Nueces County, Texas. said 13.47 acres 3cir.; described in a certa['n deed dated January 13. 1958. from Mary. E. Gabriel to the City of Corp'as Christi. Texas. recorded in Volume 799. 'Page 498 of the Deed Records of Nueces Count-. Te?:zs. 69.682 acres out of the G.S. & S.F.R.R. Survey· A-818. Nueces Count'. Texas. veing the same land described in deed dated February 13. 195~). from J.[-. Scogin. et al. :c :Se '~-!:y of Corpus Christi. recorded in Volume 841. Page 601. Deed Records. Nueces Count]... ~.--~ r AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Bay Chemical and Supply Company, Odem, Tx. for approximately 1,400 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI-0005-02 based on only bid for an estimated annual expenditure of $145,320. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 01-02 by the Water Department. BACKGROUND: Purpose: This chemical will be used for treatment of potable (drinking) water to disinfect the treated water. The chemical will be the primary source for ammonia, which is used in conjunction with chlorine to form monochloramine, the primary disinfectant in the water treatment process. Previous Contract: The option to extend the current contract was exercised requiring new bids to be received. Bid Invitations Issued: Ten Bid Received: One Historically, the City has received two responses to supply this chemical. When contacted, Pencco, San Felipe, Texas, indicated they were not in a position to bid on this contract. Price Analysis: Pricing has decreased approximately 7% from the previous bid of 1999. According to the Producer's Price Index, pricing is increasing. Award Basis: Only Bid Funding: O. N. Stevens Water Plant 520010-4010-31010 $145,320 Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0005-02 LIQUID AMMONIUM SULFATE QTY: 1,400 TONS BUYER: ESTHER C. BARRERA VENDOR UNIT QTY UNIT COST TOTAL PRICE BAY CHEMICAL AND SUPPLY COMPANY ODEM, TX. LEAD TIME: 4 HRS. Minimum 24 hours Maximum 1400 TON $103.80 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting October 9, 2001 AGENDA ITEM: (A). Ordinance Authorizing the expenditure of funds in the amount of $841,744 as a transfer from No. 1020 General Fund to the No. 1050 Federal/State Grants Fund; and Appropriating $841,744 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program; and declaring an emergency. (B). Ordinance appropriating $33,000 from the Senior Community Services Reserve fund as matching funds for Senior Community Services Programs in the No. 1050 Federal/State Grants Fund. ISSUE: The City matching funds approved in this year's budget must be appropriated in the No. 1050 Federal and State Grant Fund. REQUIRED COUNCIL ACTION: Council action is required to authorize the appropriation of matching funds which were included in the FY 01-02 City budget. RECOMMENDATION: Staff recommends Council appropriate the $841,744 in local grant match required for the various programs offered to the elderly citizens in our community. Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Ordinance X hApr-dir~shared~an~cs- grant appropriation AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City received funding for senior citizens programs primarily through federal and state grants. Each year the City submits for and receives grant funds for programs such as the Elderly Nutrition Program, Meals on Wheels Program, Retired and Senior Volunteer Program and the Senior Companion Program. Matching funds for these programs must be appropriated annually. The General Fund FY 01-02 approved budget includes $841,744 in matching City funds for these grants. In addition, in order to continue with current programs, $33,000 is needed from the reserve appropriation. These funds come into the program through senior center rental revenues. h:~or-dir~hared~dan~scs- grant appropriation ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $841,744 AS A TRANSFER FROM NO. 1020 GENERAL FUND TO THE NO. 1050 FEDERAL/STATE GRANTS FUND AND APPROPRIATING $841,744 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS MATCHING FUNDS FOR SENIOR COMMUNITY SERVICES PROGRAMS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the expenditure of funds in the amount of $841,744 is authorized as a transfer from No. 1020 General Fund to the No. 1050 Federal/State Grants Fund. SECTION 2. That $841,744 is appropriated in the No. 1050 Federal/State Grants Fund as matching funds for Senior Community Services Programs. 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 ~ . JAMES R. BRAY, JR. CITY ATTORNEY Samuel L. Neal, Jr. Mayor ~c' ,2001: By: Lisa Aguilar O Assistant City Attorney H:\LEG-DIR',LISA\ORD3\ORD3.433 ORDINANCE APPROPRIATING $33,000 FROM THE SENIOR COMMUNITY SERVICES RESERVE FUNDS AS MATCHING FUNDING FOR SENIOR COMMUNITY SERVICES PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $33,000 is appropriated from the Senior Community Services reserve funds in the No. 1050 Federal/State Grants Fund as matching funding for Senior Community Services Programs. 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 Secretaw LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY Samuel L. Neal, Jr. Mayor ,2001: By: Lisa Aguilar Assistant City Attorney H:\LEG-DIRX LISA/ORD3\ORD3.434 AGENDA MEMORANDUM October 2, 2001 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 22 in the amount of $155,449.01 with Fulton Construction/Coastcon, Inc. A Joint Venture for the Corpus Christi International Airport Terminal Construction project. ISSUE: The Water Department has requested that eight-inch (8") water line passing under the commercial aircraft apron be replaced pdor to construction of the new extended apron. A change order is required to utilize the contractor currently mobilized on the site. FUNDING: Funds for this project are available Water Capital Project Fund (Commercial Paper). RECOMMENDATION: Approval of the motion as presented. E~d~ardo Garana ~/ //,,) ~'~-/~,~gel R. Escobar, P.E. W~ter Superintendent '~ Director of Engineering Services Dave Hamrick Aviation Superintendent Additional Su_o_oort Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Project Budget Exhibit D: Location Map Page 1 of 1 H:\HOM E\KEVI NS\G EN~AIR\NEW'r ERM\^CO22.M BACKGROUND INFORMATION ADDITIONAL INFORMATION: An eight-inch (8") water line runs through a casing under the commercial apron to serve the Airfield Rescue Fire Fighting building. The line is approximately 560 linear feet, and was originally installed in 1957. The expansion of the commercial apron will make the future replacement of the line a more difficult and expensive proposition if not undertaken at this time. The Water Department has requested the line be replaced pdor the expansion of the apron. This can best be accomplished through a change order with the contractor (Fulton/Coastcon) to avoid the expense of preparation of plans, specifications, bid documents and contractor mobilization. FUNDING: The Water Department has agreed to pay up to $41,669.01for the cost of replacing the line which is the cost of removing the existing water line from the casing and installing a new line. If this is not possible, it will be necessary to bore under the apron and install a new casing. Costs in excess of $41,669.01 will be borne by Airport Capital Project funds. Payment will be made only for cost incurred in attempting to replace the line should it become necessary to install a new line. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the change order and recommended its approval. H:\HOME~KEViNS\GEN~AIR\N EWTERM\^CO22.bkg,doc EXHIBIT A Page 1 of 1 PRIOR COUNCIL ACTIONS August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). EXHIBIT-'~ Page 1 of 3 H:\HOM E\KEVINS\GEN~AI R\N EVVTERM\^co22exhb.doc 15. 16. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Oensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). Auqust 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. Page 2 of 3 H:\HOM E\KEVI NS\GEN~AIR\N EWTERM\^co22exhb,doc 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fuiton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demotition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. Au,qust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. Mamh 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. H:\HOME\KEVINS\GEN~AIR\NEWTERM\^co22exhb.doc Page 3 of 3 Project No. 1071 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AIRPORT OCTOBER 2001 FUNDS AVAILABLE (1): FAA AIP Grant 28 ......................................................................................................... Revenue Bond 2000 ....................................................................................................... Passenger Facility Charges ............................................................................................ Airport CIP Funds .......................................................................................................... Airport Capital Reserves (ineligibles) ........................................................................... Water Capital Project Fund (Commercial Paper) ......................................................... Wastewater Capital Fund (Commercial Paper) ............................................................ Airport Contingency for Change Order 22 .................................................................... TOTAL .......................................................................................................................... Preliminary 6,333,818.00 7,914,706.00 4,171,311.00 500,000.00 840,000.00 41,769.45 800,000.00 41,769.45 113,679.56 $20,015,284.01 FUNDS REOUIRED ¢3): Total Construction Cost .................................................................................................. 16,472,000.00 Contingency (1.2% of Original Construction Contract) (3) .......................................... Change Orders No. 1 - 22 ............................................................................................... Wastewater Lffi Station & Mains ................................................................................... Architectural/Engineering Design (Gensler) (4) ............................................................ Windstorm Peer Review ................................................................................................. Construction Inspection (AGCM) ................................................................................... Testing (QA) ................................................................................................................... Engineering Liaison and In-house Services (5) .............................................................. Finance Reimbursements (5) .......................................................................................... Printing, Advertising, FedEx, etc .................................................................................... 208,658.65 1,195,243.86 711,300.00 366,596.00 1,000.00 824,900.00 122,585.50 65,000.00 28,000.00 20,000.00 $20,015,284.01 DIFFERENCE (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate. (3) Available unappropriated Airport Fund Balances, Passenger Facility Charges, etc. are not included. (4) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in addition to Terminal. Amount show~ is for the fee chargeable to these funds. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction Project. (5) Ineligible for PFC Ftmding. L Exhibit C J Page 1 of 1 H:\HOM E~KEVINS\GENL~IR\N EWTERM\^co22budgetfinal.doc FTle : \Mpro/ect\councilexhibits\exh1071aCO22. dwg '~ ~-~ Son Pa~ricio County ~ = ~ ~ ~ ~~-- ~ CHRISTI NOT TO SCALE PARKING ~NDING ~ ~NDING APRON APRON PROJECT LOCATION NOT TO S~LE C~ PR~ECT NO. 1071 EXHZB~T "D" CORPUS CHR~STZ ~NTERNAT~ONAL A[RPORT C~TY COUNCZL EXH~BZT TERMINAL CONSTRUCTION PROG~ 2000 O~P~[Nr O~ gNG~N[[~NG S~.CgS CrinGE ORDER NO. 22 F~ AlP 3-48-0051-28-00 PAGE: I Of 1 CI~ OF CORPUS CHRIS~, ~S DATE: 10-02-2001 8 T T AGENDA MEMORANDUM DATE: September 25, 2001 SUBJECT: Mary Rhodes Memorial Pipeline (Lake Texana Pipeline) Corrosion Pipeline. (Project No. 8374) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $312,000 with King-Isles, Inc. for cathodic corrosion protection for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline). (Project No. 8374) ISSUE: After the 64-inch Lake Texana pipeline was constructed, an electrical inspection of the 105 miles of metal-jointed pipeline was conducted. The findings indicated that fifty (50) sites require cathodic protection improvements to reduce the corrosive influence of adjacent and crossing pipelines. Completion of this project will extend the life expectancy of the vital pipeline. FUNDING: Funds for this project are available in the Lake Texana to Corpus Chdsti Water Pipeline Project RECOMMENDATION: Staff recommends approval of the motion as presented. ~,~aUardo GaraQa, P~, ter Superintendent scobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Summary Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Mary Rhodes Memorial Pipeline (Lake Texana Pipeline) Corrosion Pipeline. (Project No. 8374) PRIOR COUNCIL ACTION: None PRIOR ADMINISTRATIVE ACTION: 1. Apd116, 2001 - Approval of a small agreement for engineering services in the amount of $14,985 to Russell Corrosion Consultants, Inc. for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline) Corrosion Pipeline. 2. Au.qust 3, 2001 - Approval of a small agreement for dght of way services acquisition in the amount of $14,950 to Right of Way & Title Services, L.L.C. for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline) Corrosion Pipeline. FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: After the 64-inch Lake Texana pipeline was constructed, an electrical inspection of the 105 miles of metal-jointed pipeline was conducted. The findings were that, in addition to the 168 cathodic protection test stations provided in the project construction, fifty (50) additional sites require cathodic protection improvements to reduce the corrosive influence of adjacent and crossing pipelines. Completion of this project will extend the life expectancy of this vital pipeline. Russell Corrosion Consultants was contracted to effect the design of these stray current mitigation stations [anode beds] and test stations to offset the electrical current being imposed by other pipelines. After installation, these systems will be monitored annually, and measurements from the test stations will be gauged to ensure the effectiveness of the systems in use, and prolong the durability and life expectancy of the pipeline. PROJECT DESCRIPTION: Improvements consist of the installation of stray current mitigation measures (anode beds and test stations) at fifty (50) selected sites along the Lake Texana pipeline to Corpus Chdsti water supply pipeline; in accordance with the plans, specifications and contract documents. BID INFORMATION: The project consists solely of a base bid. The City received proposals from three (3) bidders on September 19, 2001. (See Exhibit "B") The bids ranged from $312,330 to $524,690 The Engineer's estimated construction cost for the project is $293,000. King-Isles, Inc. was the lowest responsive bidder. The City's Consultant, Russell Corrosion Consultants, Inc. and city staff, recommend that based on past satisfactory experience a contract be EXHIBIT "A" Page 1 of 2 awarded in the amount of $312,330 to King-Isles, Inc. for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline) Corrosion Protection Project. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by the end of February 2002. FINAL PRODUCT: Installation of stray current measures at fifty selected sites along the Lake Texana to Corpus Christi water supply pipeline will result in the ability to monitor the effectiveness of the systems in use, and prolong the durability and life expectancy of the pipeline. EXHIBIT "A" Page 2 of 2 TABULATION Of BIDS Page 1 of I DEPARTMENT OF ENGINEERING - CITY OF CORPUS CER: ::._I, 1&EAS TABULATED BY& Lngel R.Eseobar, P.E., Director of Enginssriag Ssr ices DATE, Wednesday, Saptsmber 19, 2001 TIME OF COMPLETION, 90 Working Days EMOINEBR-S ESTINATEi $293,000 Mary Rhodes Memorial Pipeline (Lake Texans Pipeline) Corrosion Protection Project No. 8374 King -Isles Inc. 1641 Goldston Rd. C.C., TX 78409 Hunt Contractors Inc. P.O.Box 489 Edna, TX 77957 R.E.Rabalais Constructors dba Rabalais I4E Constructors P.O. Box 10366 CC, TX 78460-0366 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TWIT PRICE AMOUNT UNIT PAICS AMOUNT DESCRIPTION QTY. To furnish all labor and 1 LS 312,330.00 390,000.00 524,690.00 0.00 materials, tools, and necessay equipment, and to perform the work required, at the locations set out by the plane and specifications and in strict accordance with the cTOTAaBASEDID: documents. §312,330.00 $390,000.00 §524,690.00 0.00 0.00 EXHIBIT "B" Page 1 of 1 PROJECT BUDGET MARY RHODES MEMORIAL PIPELINE (LAKE TEXANA PIPELINE) CORROSION PROTECTION PROJECT (Project No. 8374) September 25, 2001 FUNDS AVAILABLE: Lake Texana to Corpus Christi Water Pipeline Project Reserves ............................. $394,498.00 FUNDS REQUIRED: Construction (King-Isles, Inc.) ........................................................................... $312,330.00 Contingencies (10%) ....................................................................................... 31,233.00 ConsuRant (Russell Corrosion Consultants, Inc.) ................................................... 14,985.00 Consultant (Right of Way & Title Services, L. L. C.) ............................................... 14,950.00 Major Projects Activity ..................................................................................... 6,500.00 Land Acquisition Activity ................................................................................... 3,000.00 Claims for Damages to Property ........................................................................ 10,000.00 Printing ......................................................................................................... 1,000.00 Advertising .................................................................................................... 500.00 Total ............................................................................................................ $394,498.00 EXHIBIT "C" Page I of I File : \Mproject~councilexhibits\exh8374. dwg CHOKE CANYON RESERVOIR ~'2 .'~.~... \\..R,VERS / // / I~/ ~/ ~ARY RHODES woo s.o.o ~RRIER DA~ LOCATZON ~P Not To C~TY PR~ECT NO. 8374 EXHZBZT "D" ~Y RHODES MEMORIAL PZPELZNE CZTY COUNCIL EXH~BZT (Lake Texana Pipeline) DEPAR~T OF ~GINEERING SE~C~ CORROSZON PROTECTZON PROG~ PAGE: I of 1 C~ OF CORPUS CHRIS~. TE~S DA~: 09-27-2001 9 T AGENDA MEMORANDUM DATE: September 25, 2001 SUBJECT: Oso Wastewater Treatment Plant Troughs Structure Rehabilitation. (Project #7114) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $1,180,000 with R.S. Black Civil Engineers for the Oso Wastewater Treatment Plant Troughs Structure Rehabilitation. ISSUE: The steel troughs at the Oso Water Reclamation Plant are deteriorating. A failure of the trough structure could result in portions of the plant being out of service, which increases the possibility of permit violations and overflows. This project proposes to replace the existing steel troughs with fiberglass troughs and clean and re-coat the existing steel supports. FUNDING: Funds for this project are available in the FY 2000-2001 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, -- Wastewater Superintendent ',~g/el R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Bid Tab Summary Exhibit"C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Oso Wastewater Treatment Plant Troughs Structure Rehabilitation. (Project #7114) PRIOR COUNCIL ACTION: February 9, 1999 - Approval of a contract for engineering services in the amount of $46,600 to HDR Engineering for the Oso Plant Grit Chamber and Troughs Structure Rehabilitation Project. (Motion 99-042) December 21, 1999 - Approval of an amendment to the contract for engineering services in the amount of $115,900 to HDR Engineering for the Oso Plant Grit Chamber and Troughs Structure Rehabilitation Project. (Motion 99-437) Auqust 22, 2000 - Approval of the FY 2000 - 2001 Capital Improvement Budget. (Ordinance No. 024162). PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: Steel troughs carry effluent from the cladfiers. The coating and galvanizing on these troughs has deteriorated. Special strength testing was performed and although metal thicknesses are close to original, the loss of the galvanized coating permits deterioration to accelerate, which could result in a possible failure. Deterioration also exists in the protective coating of the steel trough supports, and the existing carbon steel anchor bolts which attach the steel supports to the structure. These troughs are essential to the proper operation of the plant. A failure of the trough structure could result in portions of the plant being out of service, which increases the possibility of permit violations and overflows. PROJECT DESCRIPTION: The project consists of the removal of the existing carbon steel effluent troughs, supports, and attached appurtenances in eight (8) rectangular clarifiers (where plant safety procedures and OSHA regulations will apply) and the fabrication and installation of new fiberglass reinforced troughs, weirs, and attachments on galvanized carbon steel supports and other related appurtenances. BID INFORMATION: The project consists solely of a base bid. The City received proposals from six (6) bidders on September 19, 2001. (See Exhibit "B") The bids ranged from $1,180,000 to $1,760,000. The Engineer's estimated construction cost for the project is $1,160,000. R.S. Black Civil Engineers was the lowest responsive bidder. The City's Consultant, HDR Engineering, Inc. EXHIBIT "A" Page 1 of 2 and city staff, recommend that based on past satisfactory experience a contract be awarded in the amount of $1,180,000 to R.S. Black Civil Engineers for the Oso Water Reclamation Plant Troughs Structural Rehabilitation Construction Project. CONTRACT TERMS: The contract specifies that the project will be completed in 365 calendar days, with completion anticipated by the end of November 2002. FINAL PRODUCT: Installation of fiberglass troughs and strengthened structural support to ensure the effective, continued operations of the Oso Water Reclamation Plant. EXHIBIT "A" Page 2 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CRIT IS"f 1, TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services TIME OF COMPLETION: 365 Calendar Days DATE: Wednesday, September 19, 2001 Page 1 of 1 ENGINEER'S ESTIMATE: $1,600,000.00 EXHIBIT "B" Page 1 of 1 Southern Contracting R.M. Wright Construction Drive Boyer, Inc. 9318 Reid Lane Malek, 2521 Antelope Oso Water Reclamation Plant Troughs Structural Rehabilitation R.S. Black Civil Engineers H 8 S Constructors Construction Project No. 7114 P.O. Box 6385 P.O.Box 9014 Cor Christi, T% 78469 541 McBride Lane Cor us Christi, TX 78408 285 Rio West EI Paso, TX 79932 Houston, TX 77064 Corpus Christi, TX 78408 Base Bid Tabulation Car us Christi, T%.76406 us Bid CITY UNIT TOTAL BASE BID TOTAL BASE BID TOTAL BASE BID TOTAL BASE BID TOTAL BASE BID TOTAL BASE BID Item DESCRIPTION Provide all labor, materials, and equipment for the removal of sludge and solids, removal of 32 existing troughs, supports and appurtenances within 8 rectangular $1,180,000,00 $1,490,000.00 $1,504,876.00 $1,524,000.00 $1,542,000.00 $1,760,000.00 1 clarifiers, and fabrication and 1 LS installation of new troughs. weirs, and attachments at the Oso Water Reclamation Plant, complete in place. EXHIBIT "B" Page 1 of 1 OSO WATER RECLAMATION PLANT TROUGHS STRUCTURAL REHABILITATION PROJECT BUDGET September 25, 2001 FUNDS AVAILABLE: IFiscal Year 2000-01 Wastewater ClP Budget FUNDS REQUIRED: ESTIMATED BUDGET ,538,450.00 Construction Cost (R.S. Black Engineers) $ 1,180,000.00 Construction Contingencies 118,000.00 NE Consultant (HDR Engineering) 162,300.00 Testing (Geotech & Quality Control) 36,650.00 Engineering Reimbursements 24,000.00 Administrative Reimbursements 16,000.00 Incidental Expenses (Printing, Advertising, etc.) 1,500.00 Total ..................................................................................................... $ 1,538,450.00 EXHIBIT "C" Page 1 of 1 i Mpro/ect ~ councilexhibits\ exh 7114. dwg PROJECT LOCATION N CIP PROJECT NO. 7114 LOC, ATZON MAP EXHIBIT "D" Oso Water Reclamation Plant Troughs Structural Rehabliltatlon City of Corpus Christi, Texas CITY COUNCIL EXHIBIT DEPAR~T OF ~GIN~RING S£RtSC~ PAGE: I of 1 ~TE: 09-27-2001 10 CITY COUNCIL AGENDA MEMORANDUM DATE: October 3, 2001 AGENDAITEM: Ordinance authorizing the City Manager, or his designee, to execute a non-exclusive Utility Easement of 495.90 square feet, out of City-owned Tract "B" which is a portion of Block AR, Parkdale Shopping Center, in favor of Southwestern Bell Telephone Company, in consideration of the sum of $4,959.00; and declaring an emergency. Ordinance authorizing the City Manager, or his designee, to execute a non-exclusive Utility Easement of 375.00 square feet and a 15' x 110.78 Access Easement, out of City-owned Lot 1, Block 1, Service Center Tract, in favor of Southwestern Bell Telephone Company, in consideration of the sum of $1,875.00; and declaring an emergency. ISSUE: Southwestem Bell Telephone Company has requested the establishment of utility easements and an access easement in City-owned property to place and access telecommunication cabinets to meet telecommunication growth and demands at two areas of the city. REQUIRED COUNCIL ACTION: City Charter requires City Council approval of designation of easements in City property for use by public or franchised utility companies. RECOMMENDATION: Staff recommends approval of the._grdinances as presented. ' 15, -Escobar, P E ' ' i~r~ctor of Eng~neenng Services Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Background Information Location Map and Metes and Bounds Description - Proposed Southwestern Bell Utility Easement at Parkdale Shopping Center Location Map and Metes and Bounds Description- Proposed Southwestern Bell Utility and Access Easements at Service Center Tract Photo, Telecommunication Cabinet (Typical) Ordinances AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Purpose of Utility Easements On behalf of Southwestern Bell Telephone Company, Mr. Curtis Reeves, Manager-Engineering Design, has requested that the City of Corpus Christi allow the addition of two utility easements, one each at two tracts owned by the City, for placement of telecommunication cabinets. Mr. Reeves reports that the growth in the area and increased demand for telecommunications services requires the installation of the equipment and cimuitry needed to enhance the quantity and quality of telephone services. Installation of the equipment will provide services such as: Plain Old Telephone Services (POTS), 56kb, 1.5mb and ISDN type circuits. Digital Subscriber Line (DSL) type services. The DSL allows surfing the internet and downloading data at "amazing" speeds; and is constantly on line, thus no mom logging on or off, no more busy signals, no more waiting for connection, and no more waiting long pedods at download information. The improved service proposed to be deployed by Southwestern Bell Telephone Company will be a gmat advantage to all Internet usem, from Elementary to College students, businesses, and the everyday user. The "new" services will be a great convenient asset to the residential, the educational, and the business sectors of the ama. Location and Impact of Easements Lo~. The location of the 495.90-square foot utility easement is off Gollihar Road in the southwest portion of the City's Tract "B" which is a portion of Block AR, Parkdale Shopping Center ~. The trapezoidal-shaped utility easement will be in the triangular vacant grassy ama embraced by Gollihar Road right-of-way, the parking lot of the City's Parkdale Branch Public Library, and the Storm Water Department's 60'-wide drainage easement. This space is a small open ama with no fomeeable use potential other than an area for utilites. Southwestern Bell and CP&L already have other utilities in the area. The proposed use by Southwestern Bell Telephone Company appeam to be reasonable occupation of the open space. Loc, atioJ~L2. The location of the 375.0-square foot (25' x 15') utility easement is the northwest corner of the City-owned Lot 1, Block 1, Service Center Tract ~, a map which is recorded in Volume 53, Pages 172-173, M.R.N.C.T. The south side of the utility easement will be approximately 110.85 feet from the north right-of-way of Hygeia Cimle, a 60-foot wide public roadway. The 25' x 15' utility easement will form a corner extension of two existing utility easements which converge at the northwest corner of the City property. The survey designates a 15' x 110.78' Access Easement which will be required to access the 25' x 15' area from Hygeia Circle. Southwestern Bell proposes to pave this access easement. Because of the presence of existing utilities, the most probable futura use of this portion of the City parcel would be for paved parking lot. Therefore, no significant impact would be experienced by granting Southwestern Bell the Utility Easement and Access Easement. EXHIBIT A Page I of 2 Photograph of Telecommunication Cabinet (Typical). The attached photograph shows a Southwestern Bell telecommunication cabinet installed elsewhere in the City. The cabinet is 8-6" long, 3'-9" wide, and 6'-0" high. It is shown in this package to give the reader a visual perspective of the proposals. There will be room for other utilities to utilize the easements. Fee Structure Southwestern Bell has offered the consideration of one-time fees of $10.00 per square foot for the Parkdale Branch Public Library site and $5.00 for the Service Center site. City Staff has evaluated the consideration offered for both sites and is of the opinion that both are above fair market value and acceptable. The fees were computed as follows: · Location 1 (Parksdale Library Site): Fees = 495.90 s.f. x $10.00/s.f. = $4,959.00. · Location 2 (Service Center Site): Fees = 375.00 s.f. x $5.00/s.f. = $1,875.00. Payment of fee will be to the Director of Engineering Services, City of Corpus Christi. Specified Conditions The conveyance of the utility and access easements to Southwestern Bell (Applicant) by the City of Corpus Christi will provide the free and uninterupted use, liberty, privilege, and easement of going in, on, over, under and along the tracts of land described in the "easement" documents which will be recorded, at Southwestern Bell's expense, in the Map Records of the County of Nueces, Texas. For each utility easement, a specified condition is stipulated that "This Utility Easement, which is to be recorded at the Nueces County Courthouse at SWBT's expense, is designated as "non- exclusive", which means that other public or franchised utilities may also use the space, and if the City is mandated by the Federal Communications Commission to provide equivalent access to other telecommunications providers that cannot be provided for within the easement, SWBT will take take the necessary measures to accommodate the other providers." The Applicant must fully indemnify and hold harmless the City from liability relating to the construction, existence, and use of the city property. Southwestern Bell will be required to maintain a "Certificate of Insurance" to protect the City. That Applicant be fully responsible for the repair and/or replacement of existing City and private utility infrastructure in the event of damage to the same during the construction activity. That Applicantl submit a set of construction drawings of the proposed plan of improvements for review and acknowledgement prior to their installation. City engineering staff is interested that no dead space is created which will require mowing or maintaining by the City. The Applicant must not close or barricade the right-of-way, or any portion of the right-of-way, to install, repair or maintain the improvements until the Applicant or his contractor has filed an approved Traffic Control Plan with the City's Traffic Engineering Office. Recommendation. Staff recommends approval of the ordinances as presented. EXHIBIT A Page 2 of 2 ~rm m~ : II ',~. /~ // ~C~T ~o. ~, o~,~ ~uc / ~ ~ / ~ // .~co.os o~ .u~c~s cou.~. ~. I ~ ~: ~o~ ~/ ........ ~_~._ / ~ / ~ // ~ ~, ~. ~5~, ~.~.,.C.T. ~ ~ ~ ~t~ ~ a PROPOSED ~L~ ~ , - (495.90 SQ. ~.) / ~ ~1 - ~ ~ ~.~ s~ 12" AC (WA~RLINE)~ / LOCATION MAP AND METES EXHIBIT AND BOUNDS DESCRIPTION PROPOSED SOUTHWESTERN BELL UTILI~ OCTOBER 3, 2001 EASEMENT AT PARKDALE SHOPPING CENTER PAGE l OF 2 (361)854-3101 P.O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 Job No. 37195.00.00 October 3,2001 FAX(361)854-6001 UTILITY EASEMENT S.W.B.T FILE NO. A99-09-02/16 State of Texas County of Nueces FIELDNOTES for a 495.90 square feet tract of land out of Tract "B'~, a description of which is recorded in Document No. 796373, Official Public Records of Real Property of Nueces County, Texas, said Tract "B" being a portion of Block AR, Parkdale Shopping Center, a map of which is recorded in Volume 41, Page 158, Map Records of Nueces County, Texas; said 495 90 square foot tract being more fully described as follows: BEGINNING at a 5/8 inch iron rod found at the imersection of the north right of way of Gollihar Road, a 12000 tbot wide public roadway, with the south boundary of a 60' foot wide drainage said Block AR, Parkdale and the west corner of this tract; THENCE North 59°58'39" East, along the common boundary of said 60' foot wide drainage ditch and said Block AIL a distance of 29.40 feet to 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set for the north corner of this tract; THENCE South 61046'50'' East, a distance of 12.03 feet to a drill hole, set for the east comer of this tract; THENCE South 27053'45'' West, a distance of 25.00 feet to a drill hole, set for the south comer of this tract; THENCE North 61046'50'' West, with the northeast boundary line of said Gollihar Road, a distance of 2764 feet to the POINT OF BEGINNING and containing 495 90 square feet of land Bearings based on the northeast boundary line of Gollihar Road, as monumented on the groond and shown as North 61°46'50" West on the recorded plat of Block AIL Parkdale Shopping Center, a map of which is recorded in Volume 41, Pages 158, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. DAN L. URBAN, R.P.L.S. License No. 4710 c: ~a,~,s~9~e, oo~3n 9~Ev a,~ ix~.;~2725 SWANTNEr~I~ ~. ~OR~P~'~ RISTI, TEXAS 78404 mail@urbaneng,com EXHIBIT B Page 2 of 2 'URBAN CONC. CONCRETE B.L BUILDING UNE U.E.. UTILITY EASEMENT I.R. IRON ROD I.P. IRON PIPE FD. FOUND VOl- VOLUME PG. PAGE M.R.N.C.T. MAP RECORDS OF NUE:CES COUNTY, TEXAS o.~ OVERHEAD POWER UNE --->< CI"~JN-UNK FENCE LOT9 LID(lNG'TON SUBDMSION ANNEX VOL. 50, PCS. 65-66, M.R.N.C,T. 20' Y.R:""-,~ 'POINT OF BEGINNING' IFOR ACCESS EASEMENT pLASTIC CAP "URBAN ENGR C.C. TX" I#POINT OF BEGINNING' FOR EASEMENT S~E 'POINT OF ~OMMENC£MENT' EASEMENT (375.00 SQ. FT.) . LOT 1, BLOCK 1 SERVICE CENTER TRACT ]iL 53, PCS. 172-173, M,R.N.C.T. I PROPOSED ACCESS ~ EASEMENT I (1.ee2.oo SQ. FT.) i SET §/S' I.R. WITH RED PLASTIC CAP STAMPED .['URBAN ENGR C.C. TX' !~__m~_' ' CONC. WALK FD. 5/8' I.R. W~H RED PLASTIC CAP STAMPED 'URBAN £NGR. C.C. TX' HYOEIA CIRCLE L-2' coNc. cues · GUTTER (eo' ~.o.w.) LOCATION MAP AND METES AND BOUNDS DESCRIPTION PROPOSED SOUTHWESTERN BELL UTILITY EASEMENT AND ACCESS EASEMENT AT SERVICE CENTER TRACT EXHIBIT OCTOBER 3, 2001 PAGE 1 OF 5 C Job No. 37192.00.00 October 3, 2001 (361)854-3101 P,O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 lYFILITY EASEMENT (SW BT FILE NO. A99-09-02/06) FAX (361)854-6001 State of Texas County of Nueces FIELDNOTES for a 375.00 square foot tract of land out of Lot 1, Block l, Service Center Tract, a map of which is recorded in Volume 53, Pages 172-173, Map Records of Nueces County, Texas; said tract being more fully described as follows: COMMENCING at a point on the north right-of-way of Hygeia Circle, a 60' wide public roadway, same being the south comer &Lot 9, Lexington Subdivision Annex, a map of which is recorded in Volume 50, Pages 65-66, Map Records of Nueces County, Texas, and the west comer of said Lot t, Block 1; THENCE South 61o16'30" East, with the north right-of-way of said Hygeia Circle, a distance of 5.00 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR. CC TX" found for a point on an existing 5.0 foot wide utility easemem, recorded in Volume 53, Pages 172-I 73, Map Records of Nueces County, Texas; THENCE North 29010'56" East, parallel with the common boundary of said Lot 1 and Lot 9 and 500 feet distant therefrom, measured at right angles thereto, a distance of 110.85 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR. C.C. TX'' set for the west comer of this tract and the POINT OF BEGINNING; THENCE North 29°10'56" East, parallel with the common boundary llne of said Lot I and Lot 9, and 500 feet distant therefrom, measured at right angles thereto, a distance of 25.00 feet 1o a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGR. C.C. TX'' set for the north comer of this tract; THENCE South 61°01'52" East, a distance of 15.00 feet to a 5/8 inch kon rod with a red plastic cap stamped "URBAN ENGR C C. TX'' set for the east comer of this tract; THENCE South 29010'56" West, a distance of 25.00 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGR. CC. TX" set for the south corner of this tract; THENCE North 61001'52" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 375.00 square feet of land. Beatings based on the north boundary of Hygeia Circle as monumented on the ground and shown as North 61° 16' 30" West on the recorded map of Service Center Tract, a map of which is recorded in Volume 53, Pages 172-173. Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEE]~ING$ .~ ~~_ 2725 SWANINER DR. * CORPUS CHRISTI, TEXAS 78404 Page 2 of 3 rnail@urbaneng.cam .lob No. 37192.0000 October 3, 2001 (361)854-3101 P.O. BOX 6355 * CORPUS CHRISTI, TEXAS 78466-6355 ACCESS EASEMENT (SW B.T FILE NO. A99-09-02/06) FaX (361 )854-6001 State of Texas County of Nueces FIELDNOTES for a 1,662.00 square foot tract of land out of Lot 1, Block 1, Service Center Tract, a map of which is recorded in Volume 53, Pages 172-t73, Map Records of Nueces County, Texas; said tract being more ~ully described as follows: COMMENCING at a point on the north right-of-way of Hygeia Circle, a 60' wide public roadway, same being the south corner of Lot 9, Lexington Subdivision Annex, a map of which is recorded in Volume 50, Pages 65-66, Map Records of Nueces County, Texas, and the west comer of said Lot 1, Block 1; THENCE South 6t°16'30" East, with the north right-of-way of said Hygeia Circle, a distance of 500 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR. C.C. TX" found for a point on an existing 5.0 foot wide utility easement, recorded in Volume 53, Pages 172-173, Map Recx~rds of Nueces County, Texas and for the POINT OF BEGINNING; THENCE North 29010'56,' East, parallel with the common boundary of said Lot I and Lot 9 and 5.00 fee't distant therefrom, measured at fight angles thereto, a distance of 110.85 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR. CC. TX'' set for the north comer of this easement; THENCE South 61001'52'' East, a distance of 15.00 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGR. C.C. TX'' set for the east comer of this easement; THENCE South 29°10'56'' West, a distance of 110.78 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGR. C.C. TX'' set for the south comer of this tract; THENCE North 61016'30" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 1,662.00 square feet of land. Bearings based on the north boundary of Hygeia Circle as monumented on the ground and shown as North 6l° 16' 30" West on the recorded map of Service Center Tract, a map of which is recorded in Volume 53, Pages 172-173, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING 2725 SWANTNER DR, ~, CORPUS CHRISTI. TEXAS 78404 EXI-IIBIT C matl@urbaneng.com Page 3 of 3 Southwestern Bell Telecommunication Cabinet (Typical) EXHIBIT D AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A NON-EXCLUSIVE UTILITY EASEMENT OF 495.90 SQUARE FEET, OUT OF CITY OWNED TRACT "B" WHICH IS A PORTION OF BLOCK AR, PARKDALE SHOPPING CENTER, IN FAVOR OF SOUTHWESTERN BELL TELEPHONE COMPANY, WITH SPECIFIED CONDITIONS, 1N CONSIDERATION OF THE SUM OF $4,959.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a non- exclusive utility easement of 495.90 square feet, out of City owned Tract "B" which is a portion of Block AR, Parkdale Shopping Center, in favor of Southwestern Bell Telephone Company, with specified conditions, in consideration of the sum of $4,959.00. A copy of the Utility Easement 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of October, 2001. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney BY: Josep~arn/ey~(~ Assistant City Attorney ,2001 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A NON-EXCLUSIVE UTILITY EASEMENT OF 375.00 SQUARE FEET, AND A 15 FOOT BY 110.78 FOOT ACCESS EASEMENT, OUT OF CITY OWNED LOT 1, BLOCK 1, SERVICE CENTER TRACT, IN FAVOR OF SOUTHWESTERN BELL TELEPHONE COMPANY, WITH SPECIFIED CONDITIONS, IN CONSIDERATION OF THE SUM OF $1,875.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a non- exclusive utility easement of 375.00 square feet, and a 15 foot by 110.78 foot access easement, out of City owned Lot 1 Block 1, Service Center Tract, in favor of Southwestern Bell Telephone Company, with specified conditions, in consideration of the sum of $1,875.00. A copy of the Utility and Access Easement 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of October, 2001. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attomey BY: Josep~Ham/ey~ Assistant City Attorney 2OOl 11 CITY COUNCIL AGENDA MEMORANDUM Date: September 28, 2001 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $44,727 from the Texas Department of Transportation for Year 2 of the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) for traffic enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $44,727 from the Texas Department of Transportation for funding to continue the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1050 Federal/State Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding for year 2 of the Intersection Traffic Control Selective Traffic Enforcement Project in the Police Department for overtime enforcement to reduce driver risk-taking behavior by targeting high frequency crash intersections. BACKGROUND INFORMATION: This will be the second year of the grant (10/01/01 - 09/30/02). The first year through August has produced 4,157 citations and 9 arrests. The grant places overtime officers in intersections identified as high risk. Hours of the project will vary with enforcement taking place Monday through Saturday from 7am to 8pm. The continued goals of the grant will be: 1. To reduce the number of crashes occurring at intersections by 10%. 2. To increase the total number of violations written at intersections by at least 19%. 3. To increase driver awareness of the various traffic violations that are contributing factors to intersection crashes through vigorous traffic enforcement activities, media promotions, and officer presentations. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding for the first 3 years of the grant with the City assuming 25% and 50% of the costs in Years 4 and 5. The City is asked to provide $28,652 for mileage and fringe benefits (State will not cover retirement costs on overtime). REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. RECOMMENDATION: Staffrecommends accepting the grant and appropriating the funds. AI}I)ITIONAL SUPPORT MATERIAL Contract [] Feaera~ P~s 'l~ough Misc. Contract 582XXF6005 Grant Fun~ CFDA #20.60__ Charge Numbe~)2-O 1-02-A 1 -BB [] state c, rant l.'und~ PIN 17460005741000 TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AGREEMENT 1S MADE BY and between the State of Texas. acting by and through the Texas Department of Transportation. hereinafter called the Department, and City of Corpus Christi, hereinal~er called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) local government AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s)2002. WITNESSETH Project Title: Intersection Traffic Control STEP Brief Project Description: To reduce driver risk-takin~ behavior by tareetine hieh frequency crash intersections AGREEMENT Grant Period: The Grant becomes effective on 10/01/01. or on the date of final signature, whichever is later~ and ends on 09/30/02. Maximum Amount Eligible for Reimbursement: $44,727. Cost incuned after the end ora fiscal year cannot be r~tmbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability, in the Standard Provisions) Project Year: 2 Estimated Budget: Labor $ Other Direct Cost lndireet/F&A Cost TOTAL $ Federal State Local 44,727 25,813 2,839 44,727 28,652 Local Local Project Year: Labor Other Direct Cost Indireet/F&A Cost TOTAL Project Year:. Labor Other Direct Cost Indircet/F&A Cost TOTAL Estimated Budget: Federal $ $ Estima~d Budget: Federal $ State State In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated as indicated as a part of the Grant Agreement: [] Attachment A, Approved Project Description [] Attachment B, Approved Project Budget [] Attachment C, Standard Assurances [] Attachment D, Debarment Certification [] Attachment E. Lobbying Certification (reqmmd ifamoant pa)able is $100,000 or more) Page 1 ofll 7/01 ORDINANCE APPROPRIATING $44,727 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR FUNDING TO CONTINUE THE INTERSECTION TRAFFIC CONTROL SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $44,727 is appropriated in the No. 1050 Federal/State Grants Fund from the Texas Department of Transportation for funding to continue the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department. 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 APPROVED~'~----/~2~'~'~%~-/ I ,2001 James R. Bray, Jr. City Atto ,rney By: Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr. Mayor .,, ~l~ CITY COUNCIL AGENDA MEMORANDUM October 4, 2001 AGENDA ITEM: Ordinance Granting to Texas Cable Partners, L. P. six month extension of the cable television franchise granted in Ordinance No. 16133. ISSUE: The cable television franchise was transferred to Texas Cable Partners approximately one year ago. Since then, staff has continued the cable franchise renewal process which initiated when TCI Cablevision held the franchise. In November 2000, City Council authorized an extension to allow time to negotiate the franchise. Additional time is needed to conclude the negotiations. REQUIRED COUNCIL ACTION: Approval of the Ordinance to extend the franchise. PREVIOUS COUNCIL ACTION: On November 14, 2000, City Council approved the transfer of the cable television franchise to Texas Cable Partners and approved a six month extension of the franchise. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the ordinance as presented. City Attorney ORDINANCE GRANTING TO TEXAS CABLE PARTNERS, L.P., SIX MONTH EXTENSION OF THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133; PROVIDING FOR PUBLICATION WHEREAS, Texas Cable Partners, L. P. (hereinafter "Texas Cable Partners") is the Grantee of that certain franchise (hereinafter "the Franchise") granted to Athena Cablevision of Corpus Christi, Inc. by the City of Corpus Christi in Ordinance No. 16133, finally passed by the City Council on March 25, 1981; amended and extended in Ordinance No. 20616, finally passed by the City Council on March 7, 1989; and amended and extended in Ordinance No. 024279, finally passed by the City Council on November 14, 2000; and WHEREAS, City and Texas Cable Partners have been negotiating the renewal of the Franchise based on a request for renewal made by Texas Cable Partners; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Texas Cable Partners is hereby granted an extension of an additional six months beyond the term established in Section 6 of the Franchise to provide sufficient time tbr completion of franchise renewal negotiations and procedures. All other provisions of the Franchise as amended and extended (incorporated herein by reference) shall remain the same. 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 tbr its purpose. SECTION 3. That the City Secretary is directed to publish at Texas Cable Partner's expense the description of this extension of the Franchise as required by Article IX, Section 3(a) of the City Charter of the City of Corpus Christi. 13 ORDINANCE STATUS AGENDAITEM: Ordinance - Amending the City Code, Chapter 17, Finance and Taxation, Section 17- 1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for an effective date of October 12, 2001. FIRST READING: September 25, 2001 Passed: 9-0 (Unanimous vote) FINAL READING: October 9, 2001 COMMENTS: (None) MEMORANDUM September 25. 2001 ITEM: An Ordinance amending the City Code, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for severance; providing for an effective date of October 12, 2001; and providing for publication. ISSUE: The City of Corpus Christi currently charges all customers a $15.00 service charge for the handling of a remmed check if the check is returned as nonnegotiable/noncashable by the City's bank of deposit for reason of no funds, account closed, or for any other reason. Staff is recommending that this service charge be increased from $10.00 to $25.00. PRIOR COUNCIL ACTIONS: August 7, 1974 - City Council adopted Ordinance 12207 establishing a service charge of $2.00 for handling of checks returned for any reasons by the City's Bank of Deposit. March 24, 1982 - City Council adopted Ordinance 16953 to provide for a service charge of $10 for checks returned as non-negotiable/noncashable submitted as payment to the City. August 2, 1988 - City Council adopted Ordinance 20417 increasing the service charge for returned checks by increasing said fee from $10.00 to $15.00. REQUIRED ACTION: Adoption of the Ordinance amending the City Code, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for severance; providing for an effective date of October 12, 2001; and providing for publication. RECOMMENDATION: Staffrecommends that the City Council approve the Ordinance amending the City Code, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Remmed Checks, by increasing said fee from $15.00 to $25.00; providing for severance; providing for an effective date of October 12, 2001; and providing for publication. /W/~Dire~tor of ~Scial ~-Aedo Services Attachment: Background Information BACKGROUND INFORMATION The City has been using CheckRite services to verify the validity of checks presented for payment to the City of Corpus Christi. CheckRite provides check validation services to approximately 1/3 of all business in the Corpus Christi area. CheckRite regularly provides NSF information to the City regarding returned checks 30 days after receipt of the check by CheckRite. There is no one firm that provides 100 percent services to businesses; thus, making the validation services moderate at best. Financial Services is recommending that the City perform the NSF check processing within City operations to facilitate collection and improve the City's ability to apply delinquent amounts to customer accounts in a timely manner. Staff believes performing these duties in-house will improve the City's ability to collect NSF amounts. Financial Services is reorganizing staffing so that these functions will be absorbed, but there will be additional costs by the department to pursue these collections. However, Staff believes that the cost to perform this operation will be essentially offset by the omission of payments to CheckRite. The City will need to adjust the NSF charges to reflect current charges and the costs for the service and to also bring the fee in line with our satellite collection partners. City Staff has contacted other local entities to ascertain the amount these entities charge for returned checks. The fee currently being charged by Southwestern Bell Telephone Company, Time Warner Cable, Frost National Bank (City's depository), and H.E. Butt Grocery Stores (satellite cashiers) for returned checks for payment of services is $25.00. The City's last increase for this fee was in 1988. AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17, FINANCE AND TAXATION, SECTION 17-1.2, SERVICE CHARGE FOR RETURNED CHECKS, BY INCREASING SAID FEE FROM $15.00 TO $25.00; PROVIDING FOR SEVERANCE, PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 12, 2001; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17 of the Code of Ordinances, Section 17-1.2, Service Charge, is amended to read as follows: Sec. 17.1.2 Service charge for returned checks. In addition to any other authorized penalty or interest, there is hereby established a service charge of twenty-five dollars ($25.00~ ~.~_A_ iA,,___ ,~,~,~^, for any checks returned as nonnegotiable/noncashable to any department, division, or entity of the city. 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 jm-isdiction, 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. This ordinance is effective October 12. 2001. SECTION 4. 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. ORDINANCE STATUS AGENDA ITEM: Ordinance - Providing for continuation of Ad Valorem taxation of leased motor vehicles as authorized by Senate Bill 248. FIRST READING: September 25, 2001 Passed: 9-0 (Unanimous vote) FINAL READING: October 9, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM September 19, 200'1 AGENDA ITEM: Ordinance providing for continuation of ad valorem taxation of leased motor vehicles; and providing for severability. ISSUE: The Seventy-Seventh Texas Legislature approved Senate Bill 248 which exempts leased motor vehicles from property taxation if they are used primarily for non- income producing purposes. SB 248 also provides cities an "opt-out" from the exemption. Staff is recommending that the City of Corpus Christi exercise this option in an effort to minimize reductions to General Fund revenue. BACKGROUND: Current law categorizes leased motor vehicles as taxable personal property. In 1999, voters approved a constitutional amendment that authorized the Legislature to exempt leased motor vehicles from taxation if they are used for personal use and not income production. No enacting legislation was passed in 1999, so leased vehicles remained taxable until SB 248 enacted the constitutional amendment. A city can continue to tax the vehicles if it adopts an ordinance to that effect before January 1,2002. No public hearing or election is required. The bill also provides that the new Tax Code Section 11.252 expires December 31,2003 if not continued in effect by the Legislature. According to information provided by the Nueces County Appraisal District, Staff estimates that the City could lose $245,000 in property tax revenue. ($38,000,000 in assessed value) FUTURE COUNCIL ACTION: The Ordinance will be considered on its Second Reading on October 9, 2001. RECOMMENDATION: Approval of Ordinance as submitted Marl~ L. Mc[~ani~l Director of Management and Budget O~inance X ORDINANCE PROVIDING FOR CONTINUATION OF AD VALOREM TAXATION OF LEASED MOTOR VEHICLES; AND PROVIDING FOR SEVERABILITY WHEREAS, leased motor vehicles have been historically treated as taxable per~nal property.; WHEREAS, Senate Bill 248 exempted leased motor vehicles from ad valorem taxation, but provides that the governing body of a municipality by ordinance adopted before ianuary 1, 2002, may provide for the continued taxation of leased motor vehicles; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City of Corpus Christi hereby continues ~ va~_~rem taxation of leased motor vehicles which may be otherwise exempted after January. 1, 2002 by Senate Bill 248 which passed during the 2001 session of the Texas Legislature. SECTION 2. If for any reason any section, paragraph, subdivision, c~ause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final .iudgrrent of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdixSsioz_ 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, ~vord or provision hereof be given full force and effect for its purpose. LOA\ord3.429 ~ ORDINANCE STATUS AGENDAITEM: A. Ordinance -Amending Section 2-311 (3) of the Corpus Christi Code of Ordinances to add Section 255.003 of the Texas Election Code, regarding political advertising, to the standards of conduct in the Code of Ethics. (First Reading 9/25/01 ) B. Ordinance - Amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that the date of the Ethics Commission's annual meeting shall be a date in September as set by the Commission. FIRST READING: September 25, 2001 Passed: 9-0 (Unanimous vote) FINAL READING: October 9, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM Date: September 19, 2001 AGENDA 1TEM: (1) Ordinance amending Section 2-311(3) of the Corpus Christi Code of Ordinances to add Section 255.003 of the Texas Election Code, regarding political advertising, to the standards of conduct in the Code of Ethics. (2) Ordinance amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that the date of the Ethics Commission's annual meeting shall be a date in September as set by the Commission. ISSUE: As previously transmitted to the Council, the Ethics Commission at its annual meeting on August 1 recommended two changes to the Ethics ordinance. The first change would incorporate Section 255.003 of the Texas Election Code into the Ethics Ordinance by addition of the following prohibition, applicable to city officers and employees: You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. The Election Code defines "political advertising" as: a communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a public officer, or a measure that: (A) in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television; or (B) appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication. The second change would designate the commission's annual meeting date as a day set by the Commission in September, rather than the last Wednesday in July. A meeting on the July date has proven difficult because of vacation and business schedules. IJRB0232.003 AN ORDINANCE AMENDING SECTION 2-311(3) OF THE CORPUS CHRISTI CODE OF ORDINANCES TO ADD SECTION 255.003 OF THE TEXAS ELECTION CODE, REGARDING POLITICAL ADVERTISING, TO THE STANDARDS OF CONDUCT IN THE CODE OF ETHICS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLLNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-311 (3) of the Code of Ordinances of the City o!Corpus Christi is amended to hereafter read as follows: (3)(a~ You shall not use city facilities, personnel, equipment or sup.~fies for purposes unrelated to the interests of the city, except to the extent such are LawfuZ? available to the public. (b) You may not spend or authorize the spending of public funds for po~cal advertising. This prohibition does not apply to a communication that factually d~rib~s the purposes of a measure if the communication does not advocate passage or defeax of r. ke measure. This paragraph shall be construed consistently with Texas Election Code Se~on 255.003. SECTION 2. If£or any reason any section, paragraph, subdivisiom clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final jud_m::ent ora court of competent jurisdiction, it shall not affect any other section, paragraph, sulxtivisic~, clause, phrase, word or provision of this ordinance, lbr it is the definite intent of this City Council :~at every section, paragraph, subdivision, clause, phrase, word or provision hereof be given fuil fc.-ce and effect for its purpose. SECTION 3. Publication shall be made in the official publication of tt:e City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 1JRB0232.001 AN ORDINANCE AMENDING SECTION 2-325 OF THE CORPUS CHRISTI CODE OF ORDINANCES TO PROVIDE THAT THE DATE OF THE ETHICS COMMISSION'S ANNUAL MEETING SHALL BE A D~,TE IN SEPTEMBER AS SET BY THE COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-235 of the Code of Ordinances of the City o~ Corpus Christi is amended to hereby read as follows: Sec. 2-325. Meetings. The commission shall have such meetings as may be nece~ary to fulfill its responsibilities. The chairperson or any three (3) members may call a me~ng provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the azmml meeting shall be [thc last W~d~,~d,~] in [J,l~] September as set bv the commission. The commission shall comply with the Texas Open Meetings Am SECTION 2. If for any reason any section, paragraph, subdivision, clau_m, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final jud?ent of a court of competent jurisdiction, it shall not affect any other section, para~aph, subdivisi:~, clause, phrase. word or provision of this ordinance, for it is the definite intern of this City Counc/_ 5nat every, section, paragraph, subdivision, clause, phrase, word or provision hereof be given full [:roe and effect for its purpose. SECTION 3. Publication shall be made in the official publication of±e City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 1JRB0232.002 16 T CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Declaration of Neighborhood Improvement by the Moody High School Govemment Students STAFF PRESENTER(S): Name 1. NA ~fl~Pos~on Department OUTSIDE PRESENTER(S): Name 1. Danny Noyola 2. Students TiflelPosition Instructor Organization Moody High School Moody High School ISSUE: Moody High School students have prepared a declaration of Neighborhood Improvement to be delivered to City Council for their support and participation. The declaration outlines the students declared goals and strategies to accomplish neighborhood improvement in the Moody High School area and throughout the community. BACKGROUND: REQUIRED COUNCIL ACTION: The students will request the Council's support in theory, resources and continued maintenance. ,,~ep-art~nefit Head Signature) --- ~. CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Police Department Reorganization for Community Policing STAFF PRESENTER(S): Name 1. P. Alvarez, Jr. 2. W. Tisdale Title/Position Department Chief Police Captain Police OUTSIDE PRESENTER(S): Name Title/Position Organization 1. N/A ISSUE: The Police Department will reorganize to facilitate Community Policing. The reorganization will allow for a more efficient span of control and enhance communication between the police and public. The reorganization places an emphasis on shortened lines of communication between line officers, Command Staff and the Chief of Police. This will enhance Problem Solving under the Community Policing Concept. BACKGROUND: In 1999, a Council mandated study by the International Association of Chiefs of Police of the Police Department recommended reorganization to facilitate Community Policing. During the same year the City Council was briefed on the Police Department's multi-year implementation plan to facilitate organizational changes. The Police Department has reorganized the Criminal Investigation Division and Auxiliary Services at the divisional level under the implementation plan. This phase reorganizes Field Services at the divisional level as well as aligns commands at the organizational level. REQUIRED COUNCIL ACTION: N/A Additional Background Exhibits ~. Alvarez, ~ ~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council Meeting - October 9, 2001 A. Public Hearing to determine the granting of a 10' wide drainage easement through certain park land, Penn Place Park. B. Adoption of an ordinance dedicating a 10' drainage easement through certain park land, Penn Place Park, and declaring an emergency. CITY STAFF PRESENTER(S): Name 1. Mamo A. Cisneros OUTSIDE PRESENTER(S): Name 1. NA Title Director Title/Position Dept/Division Park and Recreation Organization ISSUE: The City has received a request for the granting of a 10' drainage easement in undeveloped Penn Place Park to establish an underground storm water pipe connection to the existing underground storm water system in Aaron Estates. The proposed easement would service the proposed Royal Court Subdivision drainage system. BACKGROUND: Justification of Need. The City has been encouraging in fill subdivision development throughout the City. The proposed Royal Court Subdivision, located in South Corpus Christi, is in need of an outfall connection to service its storm water drainage needs for the proposed subdivision. This 10' drainage easement in Penn Place Park would help the subdivision to satisfy that critical development component. After the elapse of a one-year warranty period after acceptance of the public improvements, the City will be responsible for the operation, maintenance, and repair of the storm water line. Determination of Fair Market Value. Staff has estimated the fair market value of the 4,865 square-foot drainage easement as $1,824.38. However, this fee is proposed to be waived in consideration of subdivision park accessibility improvements being provided by the developer. Specifically, a combination parkland dedication/drainage easement of 950 square feet, which includes a 10-foot wide concrete sidewalk, is being provided between lots of the subdivision to access the park. The estimated value of the improvements is $4,187.50 (Value of land, $1,187.50, plus cost of concrete sidewalk, $3,0O0). REQUIRED COUNCIL ACTION: The City Council must hold this public hearing in order to comply with the regulations dealing with use of park land in Texas. If any park land, now or in the future, is going to be used for anything other than park purposes, then the City Council must hold a public hearing and make the proper findings pursuant to the Texas Parks and Wildlife Code sections 26.001 and 26.002. The two findings are: · There is no feasible or prudent alternate use of the land, and · All reasonable planning effor[s have been made to minimize harm to the park. The City Council can only make these findings after the public has received due notice of the public hearing, and the public hearing has been held. The public notice for this public hearing was published in the Legal Notices section of the Caller Times newspaper on 9/17/01, 9/24/01 and 10/1/01. The City Council must also approve an ordinance and declare an emergency in the granting of the 10' wide drainage easement in Penn Place Park. STAFF RECOMMENDATION: Staff recommends the approval of the ordinance as presented. A. Cisneros, Directo~ Park and Recreation Department EXHIBITS: 1. Drainage Easement 2. Ordinance T DRAINAGE EASEMENT STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, located at P.O. Box 9277, Corpus Christi, 78469, of the County of Nueces, State of Texas, in consideration of the public benefit provided by drainage easements hereby dedicates for the benefit of the public a drainage easement consisting of the free and uninterrupted perpetual use, liberty, privilege, and easement of going in, on, over and along a certain tract of land situated in Nueces County, Texas, described below; This dedication easement was authorized by ordinance of the City Council of the City of Corpus Christi, Texas, duly adopted on October 9, 2001. Legal Description A tract for a ten (10') foot wide drainage easement out of lot 25 Block 1, Penn Place Subdivision, recorded in Volume 59, Page 14, Map Records Nueces County, Texas: COMMENCING at a 5/8 inch iron rod found for the Southeast comer of Lot 24, Block l, Penn Place Subdivision also being the South west comer of Lot 25, Block 1, Penn Place Subdivision. THENCE South 61 degrees 32 minutes 00 seconds East along the North R.O.W. Line of Aaron Drive, for a distance of Ten (10.0) feet to a point on the North right-of-way line of Aaron Drive. THENCE North 28 degrees 28 minutes 00 seconds East across existing Twenty (20.0) foot yard requirement and utility easement on Lot 25, Block 1. Penn Place Subdivision for a distance of Ten (20.0) feet to a point for the Southwest comer of said Ten (10.0) foot drainage easement and point of beginning of said tract. THENCE North 28 degrees 28 minutes 00 seconds East along the East line of an existing Ten (10.0) foot utility easement for a distance of Four-hundred eighty-six and five tenth (486.5) feet to a point for the Northwest comer of said tract; THENCE South 61 degrees 32 minutes 00 seconds East, along the North line of said tract for a distance of Ten (10.0) feet, to a point for the Northeast comer of said tract. THENCE South 28 degrees 28 minutes 00 seconds West, along the East boundary of said tract for a distance of Four-hundred eighty-six and five tenth (486.5) feet, to a point on the North boundary of existing Twenty (20.0) foot yard requirement and utility easement, for the Southeast comer of said tract. THENCE North 61 degrees 32 minutes 00 seconds West along the boundary of an existing Twenty (20.0) foot yard requirement and utility easement, for a distance of Ten (10.0) feet, to the point of beginning, embracing 4,865.0 square feet (0.112 Acres), more or less. A map which is marked "Exhibit A" is attached hereto for reference only. Together with free ingress, egress, and regress to and for the City of Corpus Christi. Texas, for the purpose of constructing, laying and keeping drainage lines and appurtenances, and for the purpose of maintaining, servicing, repairing, and inspecting said lines and appurtenances under, on, and along said tract. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for the use as a drainage easement and drainage right of way, for so long as used for those purposes, and if the use of said easement and way ever be abandoned, then, in that event, the aforesaid rights and privileges shall cease. D~yi~.~~ WITNESS MY HAND THIS THE ~ COUNTY OF NUECES This instrument was acknowledged before me on ,2001, ) Notary Public STATE 0~: TEXAS ,:~ '%~k)[.~,I~ My Comm. Exp. 10-02-2004~ Notary Public in and for the State 6'f Texas ACCEPTED for the City of Corpus Christi, a muni~ipa~o.~0ration and body politic under the laws of the State of Texas, this the 4Lr~ of~'r~7-"'z'~ ,2001. X'A~ngetdR_. Escobar. P.E. Director of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES by This instrument wa~s acknowledged before me on '~.~Hr',/ /~L.'/-~ , City of-Corpus Christi. ,2001, (Notary Seal) '' '~' MY COMMISSION E~PIRES Fetmlar'/15, 2005 II ~96~ary Public in and for th[ S'~ate of Texas APPROVED: This fi' dayof ~q ~-~Z_~._ .2001. BY:Assist~ i~ty Att!rn~ey ~ AN ORDINANCE DEDICATING A TEN (10') FOOT WIDE DRAINAGE EASEMENT, THROUGH CERTAIN PARK LAND OUT OF LOT 25 BLOCK 1, PENN PLACE SUBDIVISION; WITH SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a need for a ten (10') foot wide drainage easement, through certain park land out of Lot 25 Block 1, Penn Place Subdivision, recorded in Volume 59 Page 14, Map Records Nueces County, Texas; and WHEREAS, a public hearing was held on Tuesday, October 9, 2001, during a meeting of the City Council, in the City 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, as a result of the public hearing, it has been determined that there is no feasible or prudent alternate use of the land and all reasonable planning efforts have been made to minimize harm to the park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the ten (10') foot wide drainage easement, through certain park land out of Lot 25, Block 1, Penn Place Subdivision, recorded in Volume 59 Page 14, Map Records Nueces County, Texas, is hereby dedicated for the benefit of the public. A copy of the map and legal description is attached and incorporated by reference. After the elapse of a one-year warranty period after acceptance of the public improvements, the City will be responsible for the operation, maintenance, and repair of the storm water line. Staff has estimated the fair market value of the 4,865 square foot drainage easement at $1,187.50. However, this fee is proposed to be waived in consideration of subdivision park accessibility improvements being provided by the developer. Specifically, a combination parkland/drainage easement of 950 square feet, which includes a 10-foot wide concrete sidewalk, is being provided between lots of the subdivision to access the park. The estimated value of the improvements is $4,187.50. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of October, 2001. LOTS 1,2,5, & 6, SEC'I~ON. 11 BOHEMIAN COLONY LANDS FRANCES SNYDER '~UST HOLMES VOL. A, M.R.N.C.T. PROPOStZ~ DEVELOPEMENT ROYAt COURT SUBDM~ON OUT OF BOHEMJ4N COLONY LANDS tOT 5, SECTION 11 VOL A, FG 48 ,~OPOEED I0' pA~K ~JVD ~EMENT D(IETING 10' UTILITY EASEMENT VOl- 59, PG I~ PENN PLACE - EXIETING 7.5' U.E. 20' EEGINNIN~ pRDPDSE'n ~' U,E, "" ~"--~ EXI$~TN~ 10 ' I./t71.17~ VOL. 59, PG 14 DR~N,4GE E~SE'M£NT PENN PLACE SUBDIVISION PARK LOT 25, BLOCK ! VOl.. 59, PG 14 lO0 50 O 50 [00 200 UTI.' I1~ EASEIWENT EXHIBIT MEDINA ENGINEERING & SURVEYING 2~$dCXYDPJltE CO~P~QY~, ROYAL COURT ~ST SIDE 10' DRAI~GE ~SEMENT Legal Description A tract for a ten (10') foot wide drainage easement out of lot 25 Block 1, Penn Place Subdivision. recorded in Volume 59, Page 14. Map Records Nueces County, Texas: COMMENCING at a 5/8 inch iron rod found for the Southeast comer of Lot 24, Block 1, Penn Place Subdivision also being the South west comer of Lot 25, Block 1, Penn Place Subdivision. THENCE South 61 degrees 32 minutes 00 seconds East along the North R.O.W. Line of Aaron Drive, for a distance ofTen (10.0) feet to a point on the North right-of-way line of Aaron Drive. THENCE North 28 degrees 28 minutes 00 seconds East across existing Twenty (20.0) foot yard requirement and utility easement on Lot 25, Block 1, Penn Place Subdivision for a distance of Ten (20.0) feet to a point for the Southwest comer of said Ten (10.0) foot drainage easement and point of beginning of said tract. THENCE North 28 degrees 28 minutes 00 seconds East along the East line of an existing Ten (l 0.0) loot utility easement for a distance of Four-hundred eighty-six and five tenth (486.5) feet to a point for the Northwest comer of said tract; THENCE South 61 degrees 32 minutes 00 seconds East, along the North line of said tract for a distance of Ten (10.0) feet, to a point for the Northeast comer of said tract. THENCE South 28 degrees 28 minutes 00 seconds West, along the East boundary of said tract for a distance of Four-hundred eighty-six and five tenth (486.5) feet, to a point on the North boundary of existing Twenty (20.0) foot yard requirement and utility easement, for the Southeast comer of said tract. THENCE North 61 degrees 32 minutes 00 seconds West along the boundary of an existing Twenty (20.0) foot yard requirement and utility easement, for a distance of Ten (10.0) feet. to the point of beginning, embracing 4,865.0 square feet (0.112 Acres), more or less. A map which is marked "Exhibit A" is attached hereto for reference only. 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 9, 2001) Case No. 0801-12, George S. Hawn & Alan F. Lucke, Trustees: A change of zoning from an "R-lB" One-lhmily Dwelling District to a "F-R" Farm Rural District on Flour Bluff and Encinal Farm and Garden Tracts,Section 52, Lots 31, 32, and 33, located on the east side of Waldron Road, approximately 1,250 feet south of Yorktown Boulevard. Planning Commission's and Staff's Recommendation (08/29/01): Approved. Requested Council Action: Approval of the "F-R" District and adoption of the attached ordinance. Purpose of Request: Use property as pasture land. Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "F-R" Farm-Rural District in order to have horses graze on the subject property. The existing "R-lB" District permits the keeping of horses provided a single-family residence exists on the property. The applicant does not intend to live on the properPy at the present time. Therefore, under the current "R-lB" District, the horses could not be kept on the subject property. The requested "F-R' Dislxict is consistent with the surrounding area that is zoned an "F-R" District and animals are being kept. The requested "F-R" District would be an expansion of the "F-R" District adjacent to the north, east and west. Approval of the "F-R" District would reduce the potential traffic that would be traversing Waldron Road, a collector road built to rural standards. Applicant's Position: The applicant concurs with Planning Commission's and StafF's recormnendation. Notification: Of the twelve (12) notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. This case is considered noncontroversial. The 20% rule is not in effect at the City Council hearing. Director of Plamaing MG/MS/mb Attachments: 1) Zoning Report Pages 2- 7 2) Coraments Received Page 8 3) Planning Cormmssion Minutes Page 9 4) Ordinance Pages 10- 11 H:~P LN- DIR\E RMA\WO RD~AG EN DM EM\0801 - [ 2AG ENDAM EMO.doc CITY COUNCIL ZONING REPORT Case .No.: Planning Commission Hearing Date: 3lap No.: Applicant: Legal Description/Location: 0801-12 August 2% 2001 112-15, 122-3 (EISAt George S. Hawn & Alan F. Lucke, Trustees Flour Bluff and Encinal Farm and Garden Tracts. Section 52, Lots 31, 32. and 33. located on the east side of Waldron Road, approximately i,250 feet south of Yorktown Bouievard. 60 acres Same as above. "R-lB" One-family Dwelling District "F-R" Farm-Rural District Undeveloped land. Use property as pasture land. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Not applicable. North - "F-R" Farm-Rural District. "R-lB" One-family Dwelling District. and "T-lC" Manufactured Home Subdivision South - "I-3" Heavy Industrial District East - "F-R" Farm-Rural District with a "SP" Special Permit West - "F-R" Farm-Rural District Zoning Report Case No. 0801-12 (George S. Hawn & Alan F. Lucke) Page 2 Ad[acent Land Use: North - Horse stables, manufactured home, single-family residences and undeveloped land. South - Power plant. East - Fish farm. West - (across Waldron Road) Single-family residences and undeveloped land. Number of Residential Units Allowed: "R-lB" - 435 units (7.26 dwelling units per acre) "F-R" - 12 units (1 dwelling unit per 5 acres) Estimated Traffic Generation: Pastureland - No estimated traffic generation listed in the ITE Trip Generation Manual. Adiacent Streets/Classification: a) Waldron Road - collector Right-of-Way Design Current: a) 60-foot fight-of-way with a 20-foot wide rural paved section. Planned: a) 60-foot right-of-way xvith a 40-foot back-to-back paved section. 1996 Traffic Count (24-hour, weekdav~ non-directional): a) None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In November 1991, Lot 30 and a portion of Lot 29, located south of Yorktown Boulevard and adjacent to the east of the subject property, were granted a change of zordng fi.om an "R-lB" District to an "F-R" District xvith a Special Permit for a fish farm. Zorang Report Case No. 0801-12 (George S. Hawn & Alan F. Lucke) Page 3 In January 2000, Lot 17, located on the east side of Waldron Road and adjacent to the north of the subject property, was granted a change of zoning from an "R-lB" District to a "T-lC" District on 8 acres in order to locate a manufactured home on the property. ZoninR Inventory: The subject property is part of the "R-lB" District area that contains over 9,400 acres with the immediate area remaining undeveloped and the majority of the area to the north developed with single-family residential. Adjacent to the south are 2,145 acres of land zoned an "I-3" District and developed with a power plant. Adjacent to the north, east and west, there area 362 acres of land zoned an "F-R" District the contains some residential uses, but mostly remains as open pasture. Planning Staff Analysis: General Characteristics and Backm'ound: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "F-R" Farm-Rural District in order to have horses graze on the subject property. The existing "R-lB" District permits the keeping of horses provided a single-family residence exists on the property. The applicant does not intend to live on the property at the present time. Therefore, under the current "R-lB" District, the horses could not be kept on the subject property. The requested "F-R" District is consistent with the surrounding area that is zoned an "F-R" District and animals are being kept. The requested "F-R" District would be an expansion of the "F-R" District adjacent to the north, east and west. Approval of the "FOR" District would reduce the potential traffic that would be traversing Waldron Road, a collector road built to rural standards. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "F-lq." District. The subject property is within the Flour Bluff Area Development Plan's adopted future land use map that recommends the area to develop with low-density residential uses. Potential Housine Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 435 units on the subject property. The "F-R" District limits the density to 1 dwelling unit for each 5 acres or 12 units on the subject property. Approval of the requested "F-R" District will reduce the potential density. Heigh ulk/Setbacks/Etc.: The "R-lB" District requires a fi'ont yard setback of 25 feet with a side and rear yard setback of five (5) feet each. The "F-R" District does not require any building setbacks or limit the height of buildings. Buildings in the "R-lB" District are limited to 35 feet not to exceed three (3) stories. Signa~e: The "R-lB" District limits signs to one wall sign not to exceed one square foot. Signs in the "F-R" District are limited to one sign with an area of forty (40) square feet and a height of 35 feet to advertise products grown on the property. Zoning Report Case No. 0801-12 (George S. Hawn & Alan F. Lucke) Page 4 Traffic: The requested "F-R" District reduces the potential residential development to 12 dwelling units that can account for 120 daily trip ends as compared to the 435 units permitted in the "R-lB" District with its estimated 4,350 daily trip ends. The proposed use will have less daily trips. Parking/Screening: Residential development is required to provide t~vo (2) off-street parking spaces per dwelling unit. The proposed pastureland does not require parking. A standard screening fence is required when a business or industrial use abuts a residential district. The proposed pastureland or potential residential uses do not require a screening fence. · Costs to City: There are no anticipated costs to the City. Platting: The subject property contains three (3) platted lots and further replatting is not required. Pros: (Ideas in support of the request.) a) The "F-R" District is consistent ~vith the Flour Bluff Area Development Plan's adopted future land use map. b) The requested "F-R" District is an expansion of the "F-R" District adjacent to the north, east and west. Cons: (Ideas in support of maintaining the current zoning.) a) The "R-lB" District is more consistent with the Flour Bluff .-M'ea Development Plan's adopted future land use map. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H:\P LN -DIR\ERMA\WORD~ZON R PTS\0801 -I 2CCREPORT.doc T-lC F-R ~/~P/gl-15 I-3 Aug 22. 2001 - RP ~ Subject property ~0 ~ Owners within 200 feet listed on ottached o~nership list CASE Z0801-12 ~ OWNERSHIP LIST CASE NO. 0801-12 .~pplicant: George S. Hawn and Alan F. Lucke, Trustees 101 N. Shoreline 78401 Representative: Urban Engineering 2725 Swantner 78404 ZO§01-12 204000010010 CENTRAL POWER & LIGHT CO C O CENTRAL AND SW COILP P O BOX 660164 DALLAS TX 75266 B.~d~NEY M DAVIS LT 1 BK 1 2 Z0801-12 247600512450 PRICE KATHERINE HOYT AND H GRADY BLOUNT II 8317 SEASHORE DR CORPUS CHRISTI TX 78412 FLOUT,. BLUFF & ENC FILM GDN TRACT 9.9128 ACS OUT OF S/2 LT 24 SEC 51 3 Z0801-12 247600512500 ~ TINKER CAROLYN A 1010 FURMAN AVE CORPUS CHIRISTI TX 78404 FLOUR BLUFF & ENC FRM GDN TRACT 12.82 ACS OUT OF LTS 25 & 26 SEC 51 Z0801-12 247600520170 S_M_OMONSEN JONNY -'017 WALDRON RD CORPUS CHRISTI TX 78418 r~LOUR BLUFF & ENC FRM GDN TRACT I AC OUT LT 17 SEC 52 Z0801-12 880900010015 .x.I~ERGELE JERRY K ET UX JUL 555 BAYBERRY CORPUS CHRISTI TX 78418 TRAIL BLAZER ADD LT I-A BK l Z0801-12 880900010040 ~LN~K.ER CAROLYN A i 010 FURMAN AVE CORPUS CHRISTI TX 78404 TRAIL BLAZER ADDITION LT 4 BLK 1 12 Z0801-12 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 Z0801-12 FLOUR BLUFF BUSINESS ASSN. P. O. BOX 181423 CORPUS CHRISTI, TEXAS 78418 5 Z0801-12 247600520191 REDDEN LEND ET UX 500 YORKTOWN BLVD CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT E/2 OF SW/4 LT 19 SEC 52 8 Z0801-12 880900010020 BUSSARD MARSHALL J 4101 WALDRON ROAD CORPUS CHRISTI TX 78418 TRAIL BLAZER ADD 3.358 ACS OUT OF LT 2 BK 1 10 Z0801-12 995700000020 EDWARDS BRUCE J AND BELIN'DA M EDWARDS WFE 610 DOLPHIN CORPUS CHRISTI TX 78411 YORKTOWN HEIGHTS ANNEX LT 2 SP Z0801-12 247600523100 HAWN GEORGE S AND ALAN F LUCKE,TRUSTEES 101 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 FLOUR BLUFF & ENC FRM GDN TRACT LTS 31, 32, & 33 SEC 52 6 Z0801-12 247600523000 A & J CONSTRUCTION INC 6821 VINEYARD CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT LT 30 SEC 52 ~0801-12 880900010030 ~...,.,~n~ COMMANDING OFFICER{.} CODE 183 NAVAL AIR STATION C. C. 11001 D STREET, STE. 143 CORPUS CHRISTI, TEXAS 78419- 5024 TRAIL BLAZER ADD LT 3 BLK 1 11 Z0801-12 995700000050 RAZ SYLVIA DEE ANN COFFMA 500 YORKTOWN CORPUS CHRISTI TX 78418 YORKTOXVN HEIGHTS ANNEX LT 5 Z0801-12 SUPERINTENDENT FLOUR BLUFF I.S.D. 2505 XVALDRON ROAD CORPUS CHRISTI, TEXAS 78418 7 COMMENTS RECEIVED FROM NOTICES MAiLED Case No. 0801-12 George S. Hatvn & Alan F. Lucke, Trustees · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices retumed from within the 200-foot notification area: Favor: 3) Carolyn Arnim Tinker, 1010 Furman Ave. "Best use for dwindling "native"." 9) Mark Stroop, NAS Corpus Christi No written comment. Opposition: None. II. IlL Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. HSPLN-DIR\EPd'AA\WO KD\COM M DATA\0801 - 12COMM ENTS DOC PLANNING COMMISSION MINUTES George S. Hawn and Alan F. Lucke, Trustees: 0801-12 REQUEST: "R-lB" One-family Dwelling District to "F-R" Farm-Rural Disn'ict on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 52, Lots 31, 32, and 33, located on the east side of Waldron Road, approximately 1,250 feet south of Yorktown Boulevard. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is pan of the "R-lB" District area that contains over 9,400 acres with the immediate area remaining undeveloped and the majority of the area to the north developed with single-family residential. Adjacent to the south are 2,145 acres of land zoned an "I-3" Dislrict and developed with a power plant. Adjacent to the north, east and west, there area 362 acres of land zoned an "F-R' District the contains some residential uses, but mostly remains as open pasture. The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "F-R" Farm-Rusal District in order to have horses graze on the subject property. The existing "R-lB" District permits the keeping of horses provided a single-family residence exists on the property. The applicant does not intend to live on the property at the present time. Therefore, under the current "R-lB" District, the horses could not be kept on the subject property. The requested "F-R" District is consistent with the surrounding area that is zoned an '~F-R" Dismct and animals are being kept. The requested "F-P,' District would be an expansion of the "F-R" District adjacent to the north, east and west. Approval of the "F-R" District would reduce the potential traffic that would be traversing Waldron Road, a collector road built to rural standards. Mr. Saldafia said that the subject property is within the Flour Bluff Area Development Plan's adopted furore land use map that recommends the area to develop with low-density residential uses. Staff recommends approval of the rezoning request. Chau'man Berlanga opened the public heanng. No one appeared in favor or opposition. Public hearing was closed. q Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON AI:~LICA,'71ON BY GEORGE S. HAWN AND ALAN F. LUCKE, TRUSTEES. BY C~:.ANGING THE ZONING MAP IN REFERENCE TO LOTS 31. 32, ~,ND 33, SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND 3ARDEN TRACTS, FROM "R-'lB" ONE-FAMILY DWELLING DISTRICT "O "F-R" FARM-RURAL DISTRICT; AMENDING THE COMPRE~ENS~'~IE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE -:ETJSTING COMPREHENSIVE PLAN; PROVIDING FOR PUBUCATICN; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Counci its reports and recommendations concerning the application of George S. Hawn and A~-n F. Lucke, Trustees, for amendment to the Zoning Ordinance and Zoning Map of ,*-e City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were hel~J :.- Wednesday, August 29, 2001, during a meeting of the Planning Commission. and or Tuesday, October 9, 2001, during a meeting of the City Council, in the Council C,~Ambers, 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 wou~: best serve public healtl'i, necessity, and convenience and the general welfare of th~ City of Corpus Christi and its citizens. NOW, THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF T--~E CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, T_--:<as, is amended by changing the zoning of Lots 31, 32, and 33, Section 52, Fi:,.~r Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron F:ad, approximately 1,250 feet south of Yorktown Boulevard, from "R-1 B" One-family Dwelling Distdct to "F-R" Farm-Rural District. SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, -.~xas, is amended to reflect the amendment to the Zoning Ordinance made by S:-ct~ ion I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of :orpus Christi, Texas, approved on the 27th day of August, 1973, as amended from tin-e, to time, except as changed by this ordinance and any other ordinances adoptec :n this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordi.-ance represents a deviation from the Comprehensive Plan, the Comprehensr,~ Plan is amended to conform to the Zoning Ordinance, as amended by this ordir;~nce. \%EGAL~J_AW~LEG- DIR\DOYLEDCURTIS~¥1YDOCS~.001\P&ZORD01~.ONING.ORD\DOYLEC~0OI~Z.080112A.D "C Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with ~is ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publica=Jon of~e City of Corpus Christi as required by the City Charter of the City of Corpus Ch~i. SECTION 7. That upon written request of the Mayor or five Council me'nbers, copy attached, the City Council (1) finds and declares an emergency due ~ the need for immediate action necessary for the efficient and effective admin~=~,=tior, 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 readin_c as an emergency measure on this 9tn day of October, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr, Mayor, The City of Ccn3us C~dsti APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. Ooy e Senior Assistant City Attorney \~LEGAL~I.AVV~LEG- DIR~DOYLEDCURTIS~MYDOCS~200 I\P&ZORD01~ZONING.ORD\DOYLEC~2001~ZOSQ 112A. D:C II T 20 1 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 9, 2001) Case No. 0801-I0~ Dionicio Garza, Jr.: A change of zoning from an "AB" Professional Office District and "R-lB" One-family Dwelling District to a "B-i' Neighborhood Business District on Sunnyside Strip, Lots 14-B and 15, and Claremont Place, Block 1, Lot 1, located on the north side of Jacquelyn Drive, between Everhart Road and Sam Street. Planning Commission's Recommendation (08/29/01): Approval of the "B-I" Dislxict on Lots I4B and 15, Sunnyside Strip, and denial of the "B-I" District on Claremont Place, Block 1, Lot 1. Staff's Recommendation: Denial of the "B-I" District, and in lieu thereof approval of a "B-IA" Neighborhood District on lots 14B and 15, Sunnyside Strip. Requested Council Action: Approval of the "B-i' District on Lots 14B and 15, Sunnyside strip, and adoption of the attached ordinance. Background: On August 28, 2001 City Council passed a moratorium suspending the required rnasomy fence in a "B-lA" District for a period not to exceed 180 days to allow Staff and the Planning Cotmmssion to consider screening altematives. With the suspension of the masonry fence requirement, the applicant, Dionicio Garza, concurs with the Staff's "B-lA" Neighborhood District recommendation for his commercial lots 14B and 15 fronting Everhart Road. Mr. Garza also indicated he wanted to withdraw further consideration of the rezoning request for Lot 1, Claremont Place which is currently zoned a "R-lB" One-family Dwelling District and occupied by a single family residence fronting Sam Street. Purpose of Request: To allow the existing signage and retail sales of beauty products. Summary: The applicant originally requested a change of zoning from an "AB" Professional Office District to a "B-I' Neighborhood Business District to comply with the zoning ordinance to allow for retail sale of beauty products, existing signage and for the expanded parking lot. (As of October 2, 2001, the applicant has requested the rezoning of the "R-lB" lot on Sam Street be withdrawn.) The "AB" District does not permit the storage or retail sale of merchandise in the building or on the premise. The subject property is in an area that is zoned an "AB" District and developed with uses permitted in this zoning district, i.e., dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, and a local residential street, Jacquelyn Drive, and backs up to an established residential neighborhood. 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-lB" One-family Dwelling District to a "B-i" District and in August 2000, a "B-lA" District on the adjacent lot to the north was approved. However, approximately 200 feet north of Harry Street, in November 1999, three (3) lots were denied a change of zoning to a "B-I" District, but were granted an "AB" District with a Special Permit for a consignment store. The area north of Harry Street has been transitioning from residential to non-residential uses. The area south of Harry Street has remained constant for the past fifteen (15) years. Approval ora "B-l" District allows uses such as restaurants and convenience stores, which would contrast with the quiet, non-obtrusive nature of existing businesses. A "B-I" District permitted uses would increase the traffic that could impact the existing school and community center across Everhart Road to the west. The applicant would consider the option of a Special Permit for retail sales and the parking lot if he could also increase signage. 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. Applicant's Position: Although the applicant initialtially concurred with Planning comrmssion's recommendation, he has now agreed to a "B-lA" District due to the suspension of the required masonry fence. Agenda Memorandum Case No. 0801-10 (Dionicio Garza, Jr.) Page 2 Notification: Prior to the date of this memorandum, twenty-one (21) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and three (3) were returned in opposition. One (1) letter was received in opposition from outside the notification area. This case is considered noncontroversial. The 20% rule is not in effect. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 3- 11 2) Comments Received Page 12 3) Planning Cormmssion Minutes Pages 13- 14 4) Ordinance Pages 15 - 20 H:\PLN-DIR\ERMA~WORD~AGEN DM EM\0801 - I 0AGEN DAM EMO.DOC AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 9, 2001) Case No. 0801-10~ Dionicio Garza, Jr.: A change of zoning from an '~AB" Professional Office District and "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Sunnyside Strip, Lots 14-B and 15, and Claremont Place, Block 1, Lot 1, located on the north side of Jacquelyn Drive, between Everhart Road and Sam Street. Planning Commission's Recommendation (08/29/01): Approval of the "B-I" District on Lots 14B and 15, Sunnyside Strip, and denial of the "B-I" Distr'ict on Claremont Place, Block I, Lot 1. StafFs Recommendation: Denial of the "B-I" District, and in lieu thereof approval of a "B-lA" Neighborhood District on lots 14B and 15, Sunnyside Strip. Requested Council Action: Approval of the "B-I" District on Lots 14B and 15, Sunnyside stop, and adoption of the attached ordinance. Background: On August 28, 2001 City Council passed a moratorium suspending the required masonry fence in a "B-lA" District for a period not to exceed 180 days to allow Staff and the Planning Comrmssion to consider screening alternatives. With the suspension of the masora3' fence requirement, the applicant, Dionicio Garza, concurs with the Staff's "B-IA" Neighborhood District recormnendation for his commercial lots 14B and 15 fronting Everhart Road. Mr. Garza also indicated he wanted to withdraw further consideration of the rezoning request for Lot 1, Claremont Place which is currently zoned a "R-IB" One-family Dwelling District and occupied by a single family residence fronting Sam Street. Purpose of Request: To allow the existing signage and retail sales of beauty products. Summary: The applicant originally requested a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District to comply with the zorang ordinance to allow for retail sale of beauty products, existing signage and for the expanded parking lot. (As of October 2, 2001, the applicant has requested the rezoning of the "R-lB" lot on Sam Street be withdrawn.) The "AB" District does not permit the storage or retail sale of merchandise in the building or on the premise. The subject properly is in an area that is zoned an "AB" District and developed with uses permitted in this zoning district, i.e., dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, and a local residential street, Jacquelyn Drive, and backs up to an established residential neighborhood. 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-lB" One-family Dwelling District to a "B-I" District and in August 2000, a "B-lA" District on the adjacent lot to the north was approved. However, approximately 200 feet north of Harry Street, in November 1999, three (3) lots were denied a change of zoning to a "B-I" District, but were granted an "AB" District with a Special penmt for a consignment store. The area north of Harry Street has been transitioning from residential to non-residential uses. The area south of Harry Street has remained constant for the past fifteen 05) years. Approval ofa "B-l" District allows uses such as restaurants and convenience stores, which would contrast with the quiet, non-obtrusive nature of existing businesses. A "B-l" District permitted uses would increase the traffic that could impact the existing school and community center across Everhart Road to the west. The applicant would consider the option of a Special Perrmt for retail sales and the parking lot if he could also increase signage. 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. Applicant's Position: Although the applicant initiahially concurred with Planning comrmssion's recommendation, he has now agreed to a "B-IA" District due to the suspension of the required masonry fence. CITY COUNCIL ZONING REPORT Case No.: 0801-10 Planning Commission Hearing Date: August 29, 2001 Map No.: 91-5 (I16C) Applicant: Dionicio Garza, Jr. Legal Description/Location: Sunnyside Strip, Lots 14-B and 15 and Claremont Place, Block 1, Lot 1, located on the north side of Jacquelyn Drive, between Everhart Road and Sam Street. Area of Request: 0.497 acre Lot(s) Area: 21,653 square feet Current Zoning: "AB" Professional Office District and "R-lB" One-Family Dwelling District Request: "B-I" Neighborhood Business District Current Use of Property: Beauty salon/skin care business and residence. Purpose of Request: To allow the existing signage, retail sales of beauty products, and commercial parking. Zoning Change Requested Due to Notice of Violation: Applicant cited a notice of violation on August 2001, for excessive signage, retail sale of beauty products and commercial parking on a residential lot. Adjacent Zoning: North - "AB" Professional Office District South - "B-4" General Business District with a "SP" Special Permit East - "R-lB" One-family Dwelling District West - "R-1B" One-family Dwelling District and "B-1" Neighborhood Business District .3 Zoning Report Case No. 0801-I0 (Dionicio Garza, Jr.) Page 2 Ad[acent Land Use: North Hair salon. South - (across Jacquelyn Drive) Manufacturing of resistors. East - Single-family residences. West - (across Everhart Road) Jewish Community Center, lift station, and pharmacy. Number of Residential Units Alloxved: "AB" - 18 units (36.30 dwelling units per acre) "B-I" - 18 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 s~,aare feet of gross floor area x 3,200 square feet of gross floor area = 130 average weekday vehicle trip ends. Ad{aeent Streets/Classification: a) Everhart Road - arterial. Ri~ht-of-Wav Design Current: a) gO-foot right-of-~vay with a 4S-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekdav~ non-directional): a) 20,380 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning: Cnses: Request for a change of zoning from "AB" District to "B-l" District pending for Irme's Skin Care Salon, Case - 0801-02, located north of the subject property at 745 Everhart Road, Suite B. The Zoning Report Case No. 0801-10 (Dionicio Garza, Jr.) Page 3 applicant plans to include the sale of skin care products and jewelry and to allow for a larger sign. The Planning Commission Public Heating was held on August 1,2001, whereby staff recommended denial and the Planning Commission recommended approval of the zoning change. Final action is pending before the City Council on September 11, 2001. In January 1998, Lot B-4, South Staples Center, located on the east side of Everhart Road, on the north side of South Staples Street and south of the subject property, was denied a change of zoning to an "I-2" District, and in lieu thereof, was granted a Special Permit for a resistor plant. In September 1998, Lot 1, Block 32, Pope Place 5, located on the northwest comer of Harry Street and Everhart Road, northwest from the subject property, the Planning Commission denied a change of zoning from an "R-lB" District to an "R-2" District. In November 1998, the applicant withdrew the request. Zonin~Inventorv: The subject property is pan of a 7.27-acm tract of land zoned an "AB" District that is developed with a mixture of offices and beauty shops from Jacquelyn Drive to Harry Street along Everhart Road. To the east, there are 2,496 acres of land zoned an "R-lB" District and developed with single-family residences. West of the subject property, them is a 3.08-acre tract of land that is zoned an "R-lB" District and developed with a private school and community center. Also to the west, are two (2) tracts of land that are zoned a "B-I" District of which one tract contains 0.39 acre and developed with lift station and another tract contains a 0.48 acre that is part ora retail establishment. South of the subject property, there are 89 acres of land zoned a "B-4" District that are developed with mixture of restaurants, offices, retail stores, and a manufacturing facility with a Special Permit Plannin~ Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-I' Neighborhood Business District to comply with the zoning ordinance to allow for retail sale of beauty products, existing signage and for the expanded parking lot. The "AB" District does not permit the storage or mt,ail sale of memhandise in the building or on the premise. The subject property is in an area that is zoned an "AB" District and developed with uses permitted in this zoning district, i.e., dental clinics, hair salons, realtor's office and medical clinics. The property has direct access to an arterial, Everhart Road, and a local residential street, Jacquelyn Drive, and backs up to an established residential neighborhood. 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-1B" One-family Dwelling District to a "B-1" District and in August 2000, a "B-1A" 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 Han-y Street has been Zoning Report Case No. 0801-10 (Dionicio Garza, Jr.) Page 4 transitioning from residential to non-residential uses. The area south of Harry Street has remained constant for the past fit~een (15) years. Approval ofa "Bol" District allows uses such as restaurants and convenience stores, xvhich would contrast with the quiet, non-obtrusive nature of existing businesses. A "B-I" District permitted uses would increase the traffic that could impact the existing school and community center across Everhart Road to the west. The applicant would consider the option ora Special Permit for retail sales and the parking lot if he could also increase signage. 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. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District due to its direct access to an arterial without traversing a residential area. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office uses. The requested "B-I" District not consistent ~vith the Plan's recommended land use. Potential Housing Density: Both the "AB" and "B-I" District permit a residential density of 36.30 dwelling units per acre or units on the subject property. Approval of the "B-I" District will not affect the residential density of the area. Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-I" Districts require a front yard setback of twenty (20) feet and a side and rear yard often (10) feet each in the "AB" District and no side or rear yard in the "B-I" District unless adjacent to a residential district. If adjacent to a residential district, a setback often (10) feet is required along that residential adjacency. Buildings in the "AB" and "B-I" Districts are limited to a height of three (3) stories with the "AB" District allowing 45 feet and the "B-I" District allowing 35 feet. Signate: Signs in the "AB" District are limited to one ~vall sign xvith an area not to exceed twenty (20) square feet and each business may have a one square foot identification wall sign. However, with Plarming Commission approval, one freestanding sign with a height of fifteen (15) feet and an area of twenty (20) square feet in lieu of the wall sign may be permitted. The "B-I" District permits unlimited xvall signs and one freestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: Approval of the requested "B-I" District will allow retail establishments as well as fast-food restaurants that will increase the amount of traffic in the area. However, the subject property does have direct access to an arterial that is designed to carry large volumes of traffic. The potential increase in traffic may not impact the street system, but it will affect the adjacent uses, especially the private school and community center across Everhart Road to the west. Parkinq/Screenin~: 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 3,200 square foot Zoning ReporX Case No. 0801-10 (Dionicio Garza, Jr.) Page 5 salon building will be required to provide at least sixteen (16) off-street parking spaces. The 1,300 square foot residential house will need two (2) off-street parking spaces if it remains single-family or seven (7) spaces if it converts to a retail use. Compliance xvith the parking regulations will be enforced during the permitting phase of the project. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A standard screening fence will be required along the east property line. Costs to City: All of the infrastructure require to service the subject property is in place and no costs to the City are anticipated. Platting: The subject property contains a platted lot and a portion of a lot and further replatting is not required. 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 of maintaining the current zoning.) a) The existing "AB" District is more consistent with the Southeast Area Development Plan's adopted future land use map. b) Approval of a "Bol" District may trigger future rezonings on adjacent tracts. Staff Recommendation: Denial. Attachments: Zoning and Ownership Map Ownership List H :ho LN.DiR\S HARED~WORDXZONING~0801-10CCREPORT doc 7 ~BRASLAU R-1 R-1 B R-1 AB R-1 B 7A SOUTH STAPLES CENTER B~-5 Aug 1~-, 2001- RP 0 100 200 3o0 CASE Z0801-10 R-lB One-~-~nily O~elling Dist. AB Professional Office Dist. A-1Apartnent House Dist. B-1 Neighborhood Business Dist. B-4 General Business Dist. B-5 Prirn~ry Business Dist. Applicant: Dionicio Garza, Jr. 817 Everhart Road 78411 OWNERSHIP LIST CASE NO. 0801-10 1 Z0801-10 160300010020 GARCL-k JUAN MANUEL ET UX 734 SA-M CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 2 BK 1 2 Z0801-10 160300010030 ROSAS JESUS E ET UX 730 SAM CORPUS CHRISTI TX 78412 CLAREMONT PL LT 3 BK 1 3 Z0801-10 160300010040 SERRATO JOSE ET UX 726 SAM CORPUS CHRISTI TX 78412 CLAREY. IONT PLACE L4 BK1 4 Z0801-10 160300020010 LEAL JACOB AND MICHELLE DENISE GONZALES 729 S.&M STREET CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 1 BK 2 5 Z0801-10 160300020020 . ICNESEK FILANK ~ 725 SAM CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 2 BK 2 6 Z0801-10 160300020030 HOHM ROBT P 721 SAaM CORPUS CHRISTI TX 78412 CLAREY, IONq' PLACE LT 3 BK 2 7 Z0801-10 160300020150 MCDOUGALD JAMES E II 726 ROBERT STREET CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 15 BK 2 8 Z0801-10 160300020160 GARZA ADAM ETUX ANGELA FKANCO 730 ROBERT DRIVE CORPUS CHRISTI TX 78412 CLAREMONT PLACE LT 16 BK 2 9 Z0801-10 160300050010 VICKEPS LIYE TRUSTS 5314 WOOLDRIDGE ROAD CORPUS CHRISTI TX 78413 CLARE.x. IONT PLACE L1 BK5 10 Z0801-10 160300050020 WAKEFIELD LYDIA 4233 JACQUELYN CORPUS CHRISTI TX 78412 CLAREMONT PLACE L2 BK5 11 Z0801-10 160300050030 DUCOTE BRYAN J 4237 JACQUELYN DR CORPUS CHRISTI TX 78412 CLAREMONT PLACE L3 BK5 12 Z0801-10 628000010030 CITY OF CORPUS CHRISTI PAISLEY TRACT LT Bo2 BLK 1 13 Z0801-10 628000010040 STAPLES SERGI LP 1800 BERING SUITE 495 HOUSTON TX 77057 PAISLEY TR2kCT LTD BK 1 14 Z0801-10 628000010050 JEWISH COMMUNITY COUNCIL 750 EVERHART RD CORPUS CHRISTI TEXAS PAISLEY TRACT LT E BI( I 15 Z0801-10 822900000010 INTEP,.N'I_ RESISTIVE CO, IN ATTN: JOI-EN NELSON 4222 S STAPLES CORPUS CHRISTI TX 78411 SOUTH STAPLES CENTER LT B-4 16 Z0801-10 822900000021 SSP P.~RTNERS 5262 S STAPLES STE 211 CORPUS CHRISTI TX 78411 SOUTH STAPLES CENTER LOT B-6 SOUTH STAPLES CENTER LT B-6 17 Z0801-I0 822900000023 SECOND CONVENIENCE STORES % CIRCLE K PROP TAX DEPT P O BOX 9036 CORPUS CHRISTI TX 78469 SOUTH STAPLES CENTER ,315 AC OUT OF TR B 17 Z0801-10 S37900000010 SECOND CONVENIENCE STORES % CIRCLE K PROP TAX DEPT P O BOX 9036 CORPUS CHRISTI TX 78469 STAPLES CENTER LT A .310 AC lO 0 x~l~r~il~ Lis~ Case No. 0801-10 (Diomcio Oarza, Jr.) Page £ 18 Z0S0!-I0 856200000100 ~VB2 i I RICHARD P O BOX 6068 COrvUS CHRISTI TX 78466 SL_~.'N]'SIDE STRIP LT 10 &NE/2 OF LT 'i Z0801-10 856200000120 BOSS FAMILY PARTNERSHIP L 13722 THREE FATHOMS BANK CORPUS CHRISTI TX 78418 SUNNYSIDE STRIP SW/2 OF LT 11 & ALL LT 12 20 Z0801-10 856200000130 ~:~ CAREY RALPH H 29 HEWIT DR. CORPUS CHPdSTI TX 78404 SUNNYSIDE STRIP LT 13 20 Z0$,M-10 856200000140 CARNEY RALPH H 29 l-t~_ ~V1T DR CORPUS CHRISTI TX 78404 SL.'N.~,%'SIDE STRIP LT I4A 21 Z0801-10 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0801-10 856200000145 GARZA DIONICIO JR ETUX ESPERANZA GARZA 817 EVERItART CORPUS CHRISTI TX 78411 SLrNNYSIDE STRIP LTS 14-B & 15 SP ZO?i i-lO 160300010010 PERY_Z JOSE G ET UX RO S .x~LLN~DA O 738 SAM CORPUS CHRISTI TX 78412 CL_~RsEMONT PLACE LT 1 BK 1 Z0801-10 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CItRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 ti · - FAVOR X - OPPOSED COMMENTS RECEWED FROM NOTICES MAILED Case No. 0801-10 Dionicio Garza, Jr. (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: II. III. Favor: Opposition: 5) 19) 20) None. Helen Knesek, 725 Sam St. See attached letter. Art Boss, D.D.S., 801 Everhart Road See attached letter. R. H. Carey, D.D.S., Inc., 729 Everhart Road See attached letter. Responses received from outside the 200-foot notification area: Favor: None. Opposition: · Gary N. Blum, D.D.S., M.S., 737 Everhart Road See attached letter. Responses received from oxvners/applicants of subject area: Favor: None. Opposition: None. HSPLN-DIR\ERMA',WORD\COM M DATA\080 [-IOCOMMENTS,DOC PLANNING COMMISSION MINUTES Dionicio Garza, Jr. 0801-10 REQUEST: "AB' Professional Office Distrct and "R-lB" One-family DweLLLag District to "B-I" Neighborhood Business District on Suunyside Strip, Lots 14-B and 15 and Claremont Place, Block 1, Lot 1. located on the north side of Jacquelyn Drive. between Everhart Road and Sam Street. Mr. Saldafia presented a computerized slide illustxation of the subject properly and the surrounding area. He said that the subject property is part of a 7.27-acre tract of land zoned an "AB" Distrct that is developed with a mixture of offices and beauty shops from JacquelTn Drive to Harry Street along Everhart Road. To the east, there are 2,496 acres of land zoned an "R-lB" District and developed with single-family residences. West of the subject properly, there is a 3.08-acre tra~ of land that is zoned an "R-lB" District and developed with a private school and community center. Also to the west, are two (2) tracts of land that are zoned a "B-I" District of which one tract contains 0.39 acre and developed with lift station and another tract contains a 0.48 acre that is part of a retail establishment- South of the subject property, there are 89 acres of land zoned a "B-4" District that are developed with mixture of restaurants, offices, retail stores, and a manufacturing facility with a Special permat Mr. Saldafia said that there was a request for a change of zoning from '.&B" District to "B-I" District pending for lrme's Skin Care Salon, Case - 0801-02, located north of the ~-~abject property at 745 Everhart Road, Suite B. The applicant plans to mchide the sale of skin care products and jewelry and to allow for a larger sign. The Planning comnUssion Public Hearing was held on August 1, 2001, whereby staff recommended denial and the Planning comrmssinn recommended approval of the zoning change. Final action is pending before the City Council on September 11, 2001. He added that 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...~as denied a change of zoning to an "I-2" Distrct. and in lieu thereof, was granted a Special Permit for a resistor plant. In September 1998, Lot 1, Block 32, Pope Place 5, located on the northwest corner of Harry Street and Everhart Road, northwest from the subject property, the Planning comrmssion denied a change of zoning from an "R-lB" District to an "R-2" Distrct. In November 1998, the applicant withdrew the request. Mr. Salda,~a said that the applicant has requested a change of zoning from an -AB" Professional Office Distrtrct to a "B-I" Neighborhood Business District to comply with the zoning ordinance tO allow for retail sale of beauty products, existing signage and for the expanded parking lot. The ".-kB" District does not permit the storage of merchandise in the building or on the premise. Therefore. Emil sales in an "AB" District is not pernntted. The subject property is in an area that is zoned an "AB" District and developed with uses permitted in this zoning district, such as dental clinics, hair salons, realtor's office and medical climes. 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 pmpens', approximately 450 feet north of Harry Street, in August 1995, one lot was granted a change of zomng from an "R-lB" One-family Dwelling Distrct to a "B-I' Distrct and in August 2000, a "B-IA' District on the adjacent lot to the north was approved. However, approximately 200 feet north of Harry Su'eet, in November 1999, three (3) lots were denied a change of zoning to a "B-I" District, but were granted an ".AB" District with a Special perrmt 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-I" District would disrupt the quiet, non-obtrusive nature of the existing businesses in this area. A "B-i' District perrmned uses would increase ~e traffic that could impact the existing school and community center across Everhart Road to the ~st The applicant has considered the option ora Special perrmt for retail sales and the parking lot. The dm,aback on the Special pernut is that the applicant will continue to be restricted by the "AB" District sign r _egulafions. In the "AB" Disu-ict, the property may contain only one wall sign with an area not to exceed p,venD' ~20) square feet and each business may have a one square foot identification wall sign. planmng cormmssion Minutes Case No. 0801-10 (Dionicio Garza, Jr.) Page 2 Mr. Saldafia informed the comnUssion that the Comprehensive Plan Elements can be supportive of the requested "B-I" District due to its direct access to an arterial without traversing a residential area. However, the Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office uses. The requested "B-i' District not consistent with the Plan's recommended land use. Therefore, Staffrecommends denial of the rezoning request. Chari'man Berlanga opened the public hearing. Dionicio Garza, ,Ir., owner of Anthony's Salon, said that he sells one product which is the Aveeda Concept retail line. Mr. Garza added that he has signs on his building advertising the product and his business would suffer financially if he were not able to advertise the product. He addressed the additional parking lot behind his salon. Mr. Gar-za said that he did not have adequate parking and opted to lease property from nearby businesses for his employees. Due to ins employees expressing danger of crossing Evethart Road, he opted to purchase the residential property abutting his salon to develop a parking area. He admitted that he did not have knowledge of being required to permit the consmaction and asked that the comnUssinn allow him to have the parking lot which is developed at the rear of the residence fronting Sam Street. In response to Chatrman Berlanga, Mr. Saldafia said that Mr. Garza requested a change of zoning after he received a notice of violation for signage and expanding ins parking lot Mr. Garza responded to comrmssion's questions by saying that the residential property is currently being rented to his son and has been developed with a parking lot for approximately one (1) month. He added that he has owned the business for seven (7) years. Public hearing was closed. Responding to Vice Chairman Mirns, Mr. Saldafia explained that if the rezonmg request were approved, the applicant would be required to erect a standard screening fence along the north boundary line of Lot 1. He added that depending on the parking spaces, Mr. Garza would be requixed to comply with the landscaping ordinance. The current signage would comply with the current zoning code which allows a "B-I" District to have unlirmted wall signage. Mr. Saldafia said that staff believes that Sam Street should be maintained as a residential area. He outlined language that would be reqmred if the comrmssion approved a special permit for parking lot located on the residential lot: "R-lB" with a Special perrmt for parking and the number of spaces, screening fence along the north side and landscaping along the frontage. Mr. Gunning said that allowing the parking on the residential property would be an encroachment into the neighborhood. He added that if the Special perrmt were approved for a limited number of parking spaces and Mr. Garza's business continues to grow, he would not be allowed to exceed the number of parking spaces and would be required to move to another location. Motion by Pusley, seconded by Zamora, to forward a recommendation to City Council for approval of a "B-I" Neighborhood Business District on Lots 14B and 15 and denial on Lot 1. Motion passed with Richter and Sween-McGlom being absent. r Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPUCATION BY DIONIClO GARZA, JR., BY CHANGING THE ZONING ~IAP IN REFERENCE TO LOTS 'I4B AND 15, SUNNYSIDE STRIP, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I"' NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Councf, its reports and recommendations conceming the application of Dionicio Garza, Jr., for srnendment to the Zoning Ordinance and Zoning Map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held cn Wednesday, August 29, 2001, during a meeting of the Planning Commission, and on Tuesday, October 9, 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 w~'e allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment woutc 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 Lots 14B and 15, Sunnyside Strip, i:cated on the northeast corner of Jacquelyn Drive and Everhart Road, from "AB" Prof~sionai Office District to "B-I" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 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 tiros 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 Ordi,'ance - represents a deviation from the Comprehensive Plan, the Comprehensi~= Plan is amended to conform to the Zoning Ordinance, as amended by this ordir~nce. SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. \~LEGAL\LA~ALEG- DIR\DOYLEDCURTIS\MYDOCS~001\P&ZORD0 I~.ONING,ORD\DOYLEC~001~Z080110A.D~-C Page 2 of 3 SECTION 6. That publication shall be made in the official publication cCthe City of Corpus Christi as required by the City Charter of the City of Corpus C,h-isti. SECTION 7. That upon written request of the Mayor or five Council n-embers, copy attached, the City Council (l) finds and declares an emergency due .-.o the need for immediate action necessary for the efficient and effective administrati~ 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 readi~ as an emergency measure on this 9th day of October, 2001. ATTEST: THE cl'rY OF CORPUS CI-~ISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus C,hristi APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. City (~m~,,/// Doyle D/.~urtis Senior Assistant City Attorney \~LEGAL\LAV~ALEG- DIR~DOYLEDCURTIS\MYDOCS~2001\P&ZORD01~.ONiNG.ORD\DOYLEC~001~.080110A.D.-C Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICAT;',ON BY DIONIClO GARZA, JR., BY CHANGING THE ZONING ~IAP IN REFERENCE TO LOT 1, BLOCK 1 CLAREMONT PLACE, AND LOTS 14B AND 15, SUNNYSIDE STRIP, FROM "R-lB" ONE.~AMILY DWELLING DISTRICT AND "AB" PROFESSIONAL OFFICE r[STRICT TO "B-'I" NEIGHBORHOOD BUSINESS DISTRICT; AMEND~G THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEV'~,TIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Counci its reports and recommendations concerning the application of Dionicio Garza, Jr., 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 m Wednesday, August 29, 2001, during a meeting of the Planning Commission. and or, -:esday, October 9, 2001, during a meeting of the City Council, in the Council Ch=,m, Bers, at City Hall, in the City of Corpus Christi, during which all interested persons we-~_ allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment woui= :est serve public health, necessity, and convenience and the general welfare of th~ City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'F-'.E CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, T=-:(as, is amended by changing the zoning of Lot 1, Block 1, CIaremont P!ace, a.~: Lots 14B and 15, Sunnyside Strip, located on the north side of Jacquelyn Drive. between Everhart Road and Sam Street, from "R-lB" One-family Dwelling Distdct and "AE' ~rofessionat Office District to "B-1" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, -~xas, is amended to reflect the amendment to the Zoning Ordinance made by S_~ 'on 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of ;orpus 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 adoptec .-n 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 Comprehensi',=~ Plan is amended to conform to the Zoning Ordinance, as amended by this ordir~nce. \~LEGAL~-AW~LEG- DIR~DOYLEDCURTIS~MYDOCS~2001\P&ZORD01~ZONING.ORD~DOYLEC~001~Z080110B.D:C 17 Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with ~his ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication ~the City of Corpus Christi as required by the City Charter of the City of Corpus Ct'~sfi. SECTION 7. That upon written request of the Mayor or five Council ma'nbers, copy attached, the City Council (1) finds and declares an emergency due ~3 the need for immediate action necessary for the efficient and effective administmfio= 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 readin_c as an emergency measure on this 9th day of October, 2001. A'I'fEST: THE CITY OF CORPUS CHPJSTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus C=,,-isti APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. City A~ney /) /V _ boyle i:~/Curtis - Senior Assistant city Attorney \\LEGAL~LAV~N_EG- DIR\DOYLEDCURTIS~VIYDOCS~001\P&ZORD01~ZONING.ORD\DOYLEC~001~Z080110B.DCC ~ ~ Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DIONIClO GARZA, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 14B AND 15, SUNNYSIDE STRIP, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-'IA" NEIGHEORHOOD 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 Dionicio Gar-za, Jr., for amendment to the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, public hearings were helO =n Wednesday, August 29, 2001, during a meeting of the Planning Commission, and c.~ Tuesday, October 9, 2001, during a meeting of the City Council, in the Council C'-ambers, at City Hall, in the City of Corpus Christi, during which all interested persons v, ere allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment wovci best serve public health, necessity, and convenience and the general welfare of tt-.e City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, ..=xas, is amended by changing the zoning of Lots 14B and 15, Sunnyside Stdp. 9cated on the northeast corner of Jacquelyn Drive and Everhart Road. from "AB" Pro~=ssional Office District to "B-lA" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, ~-exas, is amended to reflect the amendment to the Zoning Ordinance made by ..Cection 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 adopte¢ on this date, remain in full fome and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordi.-ance represents a deviation from the Comprehensive Plan, the Comprehens~,'e Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION $. That all ordinances or parts of ordinances in conflict with *:~is ordinance are hereby expressly repealed. \\LEGAL~_AV~ALEG- ~ OIR\DOYLEDCURTIS~MYDOCS~001\P&ZORD01~ZONING.ORO\DOYLEC~001~Z080110C,C,_-C Page 2 of 3 SECTION 6. That publication shall be made in the official publication cf the City of Corpus Christi as required by the City Charter of the City of Corpus C~sti. SECTION 7. That upon written request of the Mayor or five Council rrEmbers, copy attached, the City Council (1) finds and declares an emergency due .'~3 the need for immediate action necessary for the efficient and effective administrati~ of City affairs and (2) suspends the Charter rule as to consideration and voting up~ ordinances at two regular meetings so that this ordinance is passed upon first readin_: as an emergency measure on this 9th day of October, 2001. A'I'rEST: THE CITY OF CORPUS CI-.'=.ISTI Armando Chapa City Secretary Samuel L. Neat, Jr. Mayor, The City of Corpus C;risti APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. City ney Doyle I~/Curtis Senior ;~ssistant City Attorney \U. EGAL\LAV~ALEG- DIR~DOYLEDCURTIS~YDOCS~2001~P&ZORD01~ZONING.ORD~DOYLEC~001~Z080110C.D_-C "~C) 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 9, 2001) Case No. 0801-1L Robin Learv~ Trustee: A change of zoning from an "F-R' Farm-Rural District and "R-lB" One-family Dwelling District to a "B-4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block I0, and all of Lot 1, Block 1l, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. Planning Commission's and Staff's Recommendation (08/29/01): Approval of the "B-4" District for Blocks 9 and 10, except for north thirty (30) feet abutting the Northwest Estates residential neighborhood. For the northern 30 feet of Blocks 9 and 10, denial of the "B-4" District, and in lieu thereof, approval of a "B-IA" Neighborhood Business District. Approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B4" District on the remaining northern portion of Block 11, and in lieu thereof, approval of an "AB" Professional Office District. Requested Council Action: Approval of the "B-4" District for Blocks 9 and I0, except for north thirty (30) feet abutting the Northwest Estates residential neighborhood. For the northern 30 feet of Blocks 9 and 10, denial of the "B-4" District, and in lieu thereof, approval of a "B-lA" Neighborhood Business District. Approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B-4" District on the remaining northern portion of Block 1 I, and in lieu thereof, approval of an "AB" Professional Office District and adoption of the attached ordinance. Purpose of Request: To sell the properties as commercial land. Summary: The applicant has requested a change of zoning from an "F-R" Farm-Rural District and an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to sell the properties as commercial land. The subject property comprises of three (3) blocks: Block 9 contains 3.31 acres, Block 10 contains 3.95 acres, and Block 11 contains 4.34 acres. Block 9 is located along the north side of Northwest Boulevard, an arterial, and along the west side of Pirmacle Drive, a local street. Block 10 is located on the north side of Northwest Boulevard and extends from Pinnacle Drive east to River Hill Drive, both local sn'eets. Block 11 is a triangular-shape property with frontage along Northwest Boulevard and River Hill Drive. Block 9 is bordered by Northwest Boulevard to the south, Pinnacle Drive to the east, an undeveloped "F-R" District to the west and an "R-lB" District developed with single-family residences to the north. Development of Block 9 with "B-4" District uses would be consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single-family residences. A "B-IA" Neighborhood Business District would allow a developer the flexibility for commercial development while providing the residences some protection by requiring a 6-foot tall masonry wall along the common lot line and a 15-foot wide landscape strip with trees. The "B-lA" District would serve as a buffer between the "B4" District fronting Northwest Boulevard and the single- family residences to the north. Since Block 9 has a 30-foot platted setback from the residential properties, this setback area would be the "B-lA" District. Block 10 is bordered by Northwest Boulevard on the south, Pinnacle Drive on the west, River Hill Drive on the east and an "R-lB" District developed with single-family residences to the north. Development of Block 9 with "B-4" District uses would be consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single-family residences. A "B-IA" Neighborhood Business District would allow a developer the flexibility for commercial development while providing the residences some protection by requiring a 6-foot tall masonry wall along the common lot line and a 15-foot wide landscape strip with trees. The "B-IA" District would serve as a buffer between the "B-4" District fronting Northwest Boulevard and the single-family residences to the north. Since Block 10 has a 30-foot platted setback from the residential properties, this setback area would be the "B-iA" District. Agenda Memorandum Case No. 0801-11 (Robin Leary, Trustee) Page 2 Block 11 is a triangular shaped property that is bound by Northwest Highway on the south, River Hill Drive on the northwest, and private property on the east. The private property is zoned a "B-4" District, developed with a veterinary clinic, and an "R-lB" District, vacant land. Allowing the requested "B-4" District to extend deep into the residential area would introduce commercial traffic into the residential area. Staffis of the opinion that the frontage along Northwest Boulevard would be appropriate for "B-4" District uses, but not to extend into the residential area. An "AB" Professional Office District would provide an adequate transition between the general commercial uses to the south and the residential uses to the north. The "AB" District is the non-residential district more compatible with residential uses. Staff recommends that no more than the south 230 feet of Block 11 be allowed for a "B-4" District with the remainder zoned an "AB" District. Applicant's Position: The app icant concurs with Planning Comrmss on s and Staff"s recommendation, Notification: Prior to the date of this memorandum, fifty two (52) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and seven (7) were returned in opposition. Five (5) letters were submitted in opposition from outside the notification area. This case is considered controversial due to the opposition from neighborhood residents. The 20% rule is not in effect at the City Council hearing. Michael N. Gunning, AICP Director of Plarming MG/IvlS/mb Attachments: 1) Zoning Report Pages 3- 15 2) Comments Received Pages 16- 19 3) Planning comrmssion Minutes Pages 20 - 22 4) Ordinance Pages 23-37 \\CiTYHA LL02\USERS\P LN-DIR\ERMA\WORDXAGENDM EM\0801-1 IAGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0801-I 1 August 29, 2001 44-16 (MSD) Robin Leary, Trustee Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot I, Block 11, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and River~vood Drives. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: I 1.6 acres Same as above. "F-R" Farm-Rural District and "R-lB" One- family Dwelling District "B-4" General Business District Undeveloped land. To sell the property for development. Not applicable. Adjacent Zoninl~: commemial North - "R- 1B" One-family Dwelling District South, West - "F-R" Farm-Rural District and "B-4" General Business District East - "R-1B" One-family Dwelling District and "B-4" General Business District Zoning Report Case No. 0801-11 (Robin Leary, Trustee) Page 2 Ad[acent Land Use: North - Single-family dwellings. South - (across Northwest Boulevard) Undeveloped land. East - Veterinary clinic and undeveloped land. West - Undeveloped land. Number of Residential Units Allowed: "F-R" - 1 unit (1 dwelling unit per 5 acres) "R-1B" - 30 units (7.26 dwelling units per acre on 4.22 acres) "B-4" - 421 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 99,800 square feet of gross floor area (average per ITE Manual) = 4,059 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) c) Northwest Boulevard (F.M. 624) - arterial Pinnacle Drive - local River Hill Drive - local Right-of-Way Design Current: a) b) c) 150-foot right-of-way with an 82-foot ~vide rural paved section. 60-foot right-of-way with a 40-foot back-to-back paved section. 60-foot right-of-way with a 40-foot back-to-back paved section. Planned: a, b, c) Same as current. 1996 Traffic Count (24-hour, ~veekdav, non-directional): a) b) c) 20,170 vehicles per day (east of Farm to Market Road 1889) None available. None available. q Zoning Report Case No. 0801-11 (Robin Leary, Trustee) Page 3 Zoning History of Property: There has been no rezoning activity ~vithin the past five (5) years. Recent Surrounding Zoning Cases: In July 1995, the property northwest of the subject property and west of Northwest Estates, was annexed into the City and zoned an "F-R" District. In December 1995, the area 300 feet south of Northwest Boulevard and south of the subject property, was annexed into the City and zoned an "F-R" District In February 1997, a 0.91-acre tract adjacent to the southwest of the subject property, was granted a change of zoning from an "F-R" District to a "B-4" District for a retail store. In December 1999, the area along River~vood Drive, east of River Hill Drive and the subject property, was annexed into the City and zoned an "R-1B" District. Zoning Inventory: A portion of the subject property is in the "F~R" District area that contains 683.64 acres and is predominantly used as farmland. The north portion of the subject property is part of the "R-lB" District that contains 1,049.81 acres and predominantly developed with single-family residences. There are several tracts of land zoned a "B-4" District with a 1.06-acre vacant tract to the west; an 8.30-acre tract south of the subject property that contains a hair salon, a restaurant and a palm tree farm; a 1.22-acre tract east of the subject property that contains an animal clinic; and a 19.01-acre tract southeast of the subject property, that contains a landscape nurser).' and an athletic club. There is an "AB" District east of the subject that contains 2.46 acres and developed xvith a church. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning .from an "F-R" Farm-Rural District and an "R-lB" One-family D~velling District to a "B-4" General Business District in order to sell the properties as commercial land. The subject property comprises of three (3) blocks: Block 9 contains 3.31 acres, Block 10 contains 3.95 acres, and Block 11 contains 4.34 acres. Block 9 is located along the north side of Northwest Boulevard, an arterial, and along the west side of Pinnacle Drive, a local street. Block 10 is located on the north side of Northwest Boulevard and extends from Pinnacle Drive east to River Hill Drive, both local streets. Block 11 is a triangular-shape property xvith frontage along Northwest Boulevard and River Hill Drive. Block 9 is bordered by Northwest Boulevard to the south, Pinnacle Drive to the east, an undeveloped "F-R" District to the west and an "R-1B' District developed with single-family residences to the north. Development of Block 9 with "B-4" District uses would be Zoning Report Case No. 0801-11 (Robin Lea~, Trustee) Page 4 consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single-family residences. A "B-lA" Neighborhood Business District would allow a developer the flexibility for commercial development while providing the residences some protection by requiring a 6-foot tall masom-y wall along the common lot line and a 15-foot wide landscape strip with trees. The "B-lA" District would serve as a buffer between the "B-4" District fronting Northwest Boulevard and the single- family residences to the north. Since Block 9 has a 30-foot planed setback from the residential properties, this setback area would be the "B-lA" District. Block 10 is bordered by Northwest Boulevard on the south, Pinnacle Drive on the west, River Hill Drive on the east and an "R-lB" District developed with sin~e-family residences to the north. Development of Block 9 with "B-4" District uses would be consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single-family residences. A "B-lA" Neighborhood Business District would allow a developer the flexibili~ for commercial development while providing the residences some protection by requiring a 6-foot tall masonry ~vall along the common lot line and a 15- foot wide landscape stnp with trees. The "B-IA" District would serve as a buffer between the "B-4" District fronting Northwest Boulevard and the single-family residences to the north. Since Block l0 has a 30-foot platted setback from the residential properties, this setback area would be the "B-1A" District. Block 11 is a triangular shaped property that is bound by Northwest Highxvay on the south, River Hill Drive on the northwest, and private property, on the east. The private property is zoned a "B-4" District, developed with a veterinary clinic, and an "R-lB" District, vacant land. Allowing the requested "B-4" District to extend deep into the residential area would introduce commercial traffic into the residential area. Staffis of the opinion that the frontage along Northwest Boulevard would be appropriate for "B-4" District uses, but not to extend into the residential area. An "AB" Professional Office District would provide an adequate transition between the general commercial uses to the south and the residential uses to the north. The "AB" District is the non-residential district more compatible with residential uses. Staffrecommends that no more than the south 230 feet of Block 11 be allowed for a "B-4" District with the remainder zoned an "AB" District. 'Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District due to its direct access to an arterial. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use map. However, some protection to the existing residential area should be provided. Potential Housing Density: The "F-R" District permits a density of 1 dxvelling unit for each five (5) acres or one unit on the 7.38 acres of the subject property. An "R-lB" District permits a density of 7.26 dwelling units per acre or 30 units on the 4.22 acres of the subject property. The "B-4" District permits a density of 36.30 dwelling units per acre or 421 units Zoning Report Case No. 0801-11(Robin Leafy, Trustee) Page 5 on the subject property. This increase in density will not impact the adjacent arterial but may impact the quality of life for the existing single-family homes adjacent to the north. HeightJBulkJSetbacks/Etc.: The "F-R" District does not require any building setbacks or limit the height of buildings. The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. The "B4" District requires a front yard setback of twenty (20) feet with no required side or rear yard setback unless adjacent to a residential district where a setback often (10) feet is required along that adjacency. An "AB" District also requires a front yard setback of twenty (20) feet, but does require a side and rear yard setback of ten (10) feet each. The "B- 1A" District requires a front yard setback of twenty (20) feet with no side or rear yard setback unless adjacent to a residential district where a side yard setback often (10) feet from the residential district and a rear yard setback of fifteen (15) feet from the residential district is required. Both the "R-IB" and "AB" Districts limit the building heists to three (3) stories with the "R-1B" District allowing 35 feet and the "AB" District allowing 45 feet. The "B-lA" District permits a building height of 36 feet or 26 feet if adjacem to residential districts. The "B-4" District does not limit the building height. Signage: Signs in the "F-R" District are limited to one sing with an area of forty (40) square feet and a height of 35 feet to advertise products grown on the property. The "R-lB" District limits signs to one wall sign not to exceed one square foot. An "AB" District permits one wall sign with an area of twenty (20) square feet. With Planning Commission approval, a freestanding sign in lieu of a wall sign with an area of twenty (20) square feet and a height of fifteen (15) feet. The "B-1A" District permits one freestanding sign with a sign area of thirty (30) square feet, a heist of fifteen (15) feet and set back at least ten (10) feet from abutting fights-of-way. Wall signs in the "B-IA" District are limited to one square foot for each linear foot of building frontage. Signs in the "B-4" District are unlimited as to size, height, or number provided they are located behind the front yard setback. Freestanding signs within the front yard setback are limited to one sign per street frontage with an area of forty (40) square feet and a heist of 25 feet. Traffic: The development of commercial uses on the subject property could generate approximately 4,000 daily trip ends. Northwest Boulevard is classified as an arterial and designed to handle large volumes of traffic. 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 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 ~vhen a business or industrial locates abutting a residential district. A screening fence will be required along the north property line of Blocks 9 and I0 and along the north 360 feet of the east property line of Block 11. If a "B-lA" District is approved on Blocks 9 and 10, a masonry wall with a height not less than six (6) feet will be required along the north property line. 7 Zoning Report Case No. 0801-11 (Robin Leary, Trustee) Page 6 · Costs to Cit~: All of the infrastructure required to serve the subject property is available and no costs to the City are anticipated. · Platting: The subject property contains platted lots and further replatting is not required. Pros: (Ideas in support of the request.) a) The requested "B-4" District is consistent with the Northwest Area Development Plan. b) The requested "B-4" District is an expansion of the adjacent "B-4" District to the south, east and east. c) The proposed commemial development is consistent with the pattern established along Northwest Boulevard. Cons: (Ideas in support of maintaining the current zoning.) a) Some permitted "B-4" District uses would be detrimental to the residential area to the north. Staff Recommendation: Blocks 9 and 10 - Approval of the "B-4" District except denial of the "B-4" District on the north thirty (30) feet abutting the residential district, and in lieu thereof, approval of a "B-lA" Neighborhood Business District. Block 11 - Approval of the "B-4" District on the south 230 feet and denial of the "B-4" District on the remaining area, and in lieu thereof, approval of an "AB" Professional Office District. Attachments: Zoning and Ownership Map Ownership List H:\PLN.DIR\ERMA\WORD~ZON RPTS\0801-1 ICCREPORT doc EXISTING ZONING R-1 B F--R 'R~I B' F~ F~ 0 Aug 15, 2001 -- RP CASE Z0801-11 )O F-R FormRural Dist. R-180ne-Fcmily Dlelling Dist. aB Professionel Office Dist. B*4General Bueinesl Oist. PROPOSED ZONING F-;-R F--R R-1 B 624 F*.-R Aug 1,5, 2001 -RP CASE ZOSOt-ll )0 F-RFarmRurol Diet. R-1BOne-F~niiy Deelling Diet. AB Profeeeional Office Diet. General Bueineee Oiet. OCL lB 3 R-lB 624 F-R F-R OCl F-R 0 Aug 22, 2001 - RP ~00 400 CASE Z0801-11 ]0 Subject property Owners within 200 feet listed on attached ownership list [I OWNERSHIP LIST CASE NO. 0801-11 Applicant: Robin Leary, Trustee 105 Hawthorne Place Portland, Texas 78374 Representative: Clark C. Flato P. O. Box 1999 78403 _~3801-11 336005490301 D ELUDLE PROPERTIES 3200 AGNES ? DP, PUS CHRISTI TX 78405 5-~_RREKA GRANT N POR 21.75 ACS 2 Z0801-11 577400010050 WOMACK RICHARD H AND CHALOEUNG S WOMACK P O BOX 1713 CORPUS CHRISTI TX 78403 NORTHWEST ESTATES LT 5 BLK 1 3 Z0801-l 1 577400010060 LAMBERT, CURTIS WAYNE JR MARY E LAMBERT 14729 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 6 BLK I ~$01-11 577400010070 _cKLN.'NER RONALD W ~ ~-25 POWELL DRIVE 5DRPUS CHRISTI TX 78410 ': ORTHWEST ESTATES LT 7 BLK 1 5 Z0801-11 577400010080 TAVARES DANIEL WALTER ETU JUDITH WANrDA 14721 POWELL DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 8 BLK 1 6 Z0801-11 577400010090 GKACIA LAURO J 14717 POWELL DR CORPUS CHRISTI TX 78410 NORTH~VEST ESTATES LT 9 BLK 1 _~3801-11 577400010100 5iZISON RICHARD A ET UX .'ACQUELINE 54713 POWELL DRIVE EORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 10 BLK 1 8 Z0801-11 577400010110 SCHEER BARRY T ET UX JANE 14709 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTI-BVEST ESTATES LT 11 BLK 1 9 Z0801-11 577400010120 CONERLY JAY 14704 POWELL DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 12 BLK 1 Z3801-11 577400010130 5AENZ ALFREDO JR ET UX _~x_x, L& M .--'-01 POWELL DR 2ORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 13 BLK 1 11 Z0801-11 577400040070 BROWN BILLY J ET UX VELMA N 14510 SPAULDING DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 7 BLK 4 12 Z0801-11 577400040080 RIPPS RONALD % RIPPS PROPERTIES 247 TUXEDO AVE SAN ANTONIO TX 78209 NORTI-BVEST ESTATES LT 8 BLK 4 Z0801-11 577400040090 PHILLIPS EDDIE S ET UX .~DELINE L 24502 SPAULDING DR TORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 9 BLK 4 14 Z0801-11 577400050010 GUERRA JUAN M ET UX ANNABELLA 4002 MOORI-IEAD DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT I BLK 5 15 Z0801-11 577400050180 ESPARZ. A MARK L ET UX CHERYL J 4001 I',rICHOLS DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 18 BLK 5 '_6 20801-11 577400060160 ?-~TCH GEORGE W AND BOBBY HATCH 14509 SPAULDING DR CORPUS CHRISTI TX 78410 NORTI-BVEST ESTATES LT 16 BLK 6 17 Z0801-11 577400060170 WHITTEN MICHAEL L 14505 SPAULDING DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 17 BLK 6 18 Z0801-11 577400060180 GRAY JAMES H ET UX MARIE 14501 SPAULDING DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 18 BLK 6 C~'nership List Cz.se No. 0801-I 1 (Robin Leary, Trustee) Pz42e 2 '_9 Z2501-11 577400060190 _- .~'ROECH GLEN E ET UX DORO ~ ..:502 REAGAN DRIVE 7 DP, PUS CHRISTI TX 78410 i' :,DRTHWEST ESTATES LT 19 ELK 6 2O Z0801-11 577400060200 WARRENFELTZ LARRY E ET UX JEANNE E 14506 REAGAN DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 20 ELK 6 21 Z0801-11 577400060210 MACICERER RICHARD E ETUX MARSHAL MACKERER 14510 REAGAN DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 21 ELK 6 :7501-11 577400070010 ;.(CCREA CHRISTOPHER ALAN z ~ L.-K MARY MICHELE -' ,i~)2 NICHOLS DR CORPUS CHRISTI TX 78410 ~:ORTI-IWEST ESTATES LT 1 ELK ? 23 Z0801-11 577400070110 GUEDIN TIMOTHY M ETUX SUSAN C 14601 REAGAN DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 11 ELK 7 24 Z0801-11 577400070120 BETHEL WILLIAM B ETUX EON ~'NIE J 14610 POWELL DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 12 ELK 7 _-~,01-11 577400070130 : LN~S JAMES C ET UX ~-2-215RYL S JONES '_ ~614 POWELL ZDRPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 13 ELK 7 26 Z0801-! 1 577400070140 BALLARD JACK L 14618 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 14 ELK 7 27 Z0801-11 577400070150 BO.WDS AARON S ET UX ROGEN M BONDS 14622 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 15 ELK 7 2~ Zi~801-11 577400070160 '.-_-kI_ADEZ VICTOR X ETUX --7 ISA G VALADEZ i z-626 POWELL DRIVE _-DP.PUS CHRISTI TX 78410 ?.©RTHWEST ESTATES LT 16 ELK 7 29 Z0801-I 1 577400070170 WRIGHT ROBERT F ET UX VALERIE 29 STONEYBROOK RD HOMEDALE, NEW JERSEY 07733 NORTHWEST ESTATES LT 17 ELK 7 3O Z0801-I 1 577400080010 ZII~BES CARRIE L 14625 POWELL DR CORPUS CHRISTI TX 78410 NORTI-DJqEST ESTATES LT 1 ELK 8 Z3801-11 577400080020 _~- ~-ERRERO ALBERTO ET UX _K.~KE N GUERKERO ' -'621 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 2 ELK 8 32 Z0801-11 577400080030 MCCULLOCH NORMA JEAN AND KIMBERLY LYNN STANTON 14617 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 3 ELK 8 33 Z0801-11 577400080040 BOU'LTINGHOUSE JOE V ET UX 14613 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 4 ELK 8 Z.'.$01-11 577400080050 -~-, ORY KAREN J i-'609 POWEEL DR ZORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 5 ELK 8 35 Z0801-I 1 577400080060 CHEATHAM JEFFERY S ET UX AMY L CHEATHAM 14605 POWELL DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 6 ELK 8 36 Z0801-11 577400080070 KEYS JODY ET UX MARTHA 14513 REAGAN DRIVE CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 7 ELK 8 Ownership List Ca.se No. 0801-11 (Robin Leary, Trustee) Page 3 Z 2 ~,01-11 577400080080 GL-E VARA RON ~ ;509 REAGAN STREET CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 8 BLK 8 38 Z0801-11 577400080090 CHABOT CATHY L 14505 REAGAN DR CORPUS CHRISTI TX 78410 NORTHWEST ESTATES LT 9 BLK 8 39 Z0801-11 577400080100 FARMER BRADFORD AND SHARO FARMER 1,1,T E 14501 R]~kGAN DRIVE CORPUS CHRISTI TX 78410 NORTh%VEST ESTATES LT 10 BLK 8 Z } 801-I 1 577400090010 LE.a~RY ROBIN,TRUSTEE STEVEN R TROY 1998 TRUST 1,35 HAWTHORNE PL PORTLAND TX 78374 NORTHWEST ESTATES LT 1 BLK 9 41 Z0801-11 587400020019 VICKNAIR JOHN J ET UX GERTRUDE VICKNAIR 1326 SANTA FE CORPUS CHRISTI TX 78404 NUECES RIVER IRRIGATION PK 5 ACS OUT OF E/2 LT 2 BLK 2 42 Z0801-11 587400020024 TIJERINA ALFREDO S 14521 FM 624 CORPUS CHRISTI TX 78410 NUECES RIVER IRRIGATION PK 19 ACS OL'T W2 OF LT 2 BLK2 ~3 Z5801-11 587400020030 624 MARKET SQUARE LIMITED P_~.TNERSHIP b:6 RIVER TRAIL ROBSTOWN TX 78380 N-LTCES RIVER IRRIGATION PK ~-:.37 ACS OUT 20 AC TR OUT E/2 OF LT 3 BLK 2 44 Z0801-11 587400020035 CLIFFORD, MICHAEL J ET UX JUDITH HCR#1 BOX 412 SANDIA TX 78383 NUECES RIVER IRRIGATION PK 20 ACS OUT OF W/2 OF LT 3 BLK 2 45 Z0801-11 587400020041 LOWMA_N .-M~TIE A ET AL 4422 HACKBERRY CORPUS CHRISTI TX 78410 NUECES RIVER IRRIGATION PK 34.79 ACS OUT LT 4 BLK 2 Z6 Z3S01-11 588400000100 C_h_I_VARIO BAPTIST CHURCH ~ 501 GOLLIHAR CORPUS CHRISTI TX 78416 N~-ECES RIVER IRRiG PK ANNEX #2 ~-i lA 47 Z0801-11 588400000105 COLE LESLIE E JR ETUX TISA COLE 12809 164TH AVE NE REDMOND WA 98052 NDECES RIVER IRRIG PK ANNEX #2 LT lB 48 Z0801-11 588400000200 DENMA-N DEN.'NIS L 14446 FM RD 624 CORPUS CHRISTI TX 78410 NUECES RI\TR IRRIG PK ANNEX #2 1.94 ACS OUT LT 2 -;9 Z0801-11 588400000340 HL-N.~ANT JAMES L 4322 DINN CORPUS CHRISTI TX 78415 NL-ECES RIVER IRRIG PK ANNEX #2 ~ 4.7.I8 ACS 5O Z0801-11 981800000000 WOOD RIVER COMldUNITY ASSO P O BOX 260059 CORPUS CHRISTI TX 78426 WOOD RIVER DRAiNAGE & ACCESS EASEMENTS 51 Z0801-11 981800020010 WALKER GARRY D 4109 RD,~R HILL DRIVE CORPUS CHRISTI TX 78410 WOOD RIVER LTI BLK 2 Z0$01-11 TEX.-kS DEPT. OF TRANSPORTATION !-01 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0801-11 577400110010 LEARY ROBIN,TRUSTEE STEVEN R TROY 1998 TRUST 105 HAWTHORNE PL PORTLAND TX 78374 NORTHWEST ESTATES LTI BLK 11 SP Z0801-11 577400100010 LEARY ROBEq,TRUSTEE STEVEN R TROY 1998 TRUST 105 HA~3,WHORNE PL PORTIA_N-I) TX 78374 NORTH".VEST ESTATES LT 1 BLK 10 O~-~-~rs hip List C~e No. 0801-11 (Robin Leary, Trustee) P2~e 4 S? Z:'i, OI-11 577400090010 LE_M:~Y ROBIN,TRUSTEE 5TEXTN R TROY 1998 TRUST 2 55 I-L~WTHORNE PL PORTLAND TX 78374 NORTHWEST ESTATES LT 1 BLK 9 Z0801-11 ARTURO ALMENDARIZ, SUPT. CALALLEN I.S.D. 4205 WILDCAT DR. CORPUS CHRISTI, TEXAS 78410 Z0801-11 NUECES ELECTRIC COOPERATIVE, INC. C/O FRANK WILSON P. O. BOX 1032 ROBSTOWN, TEXAS 78380-1032 Z5801-11 . ='TN _-NTLL RICHTER RECORD STAR P. O. BOX 1192 ROBSTOWN, TEXAS 78380 Z0801-1 I DAVID CROFT WOODRIVER HOMEOWNER'S ASSN. 4033 WOODRIVER DR. CORPUS CHRISTI, TEXAS 78410 15 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0801-11 Robin Leary? Trustee · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 48) Dennis L. Denman, 14446 F.M. 624 No written comment. Opposition: 2) Richard H. Womack, 4001 Moorhead No written comment. Curtis Wayne Lambert, Jr., 14729 Powell Dr. Signed petition. 4) Ronald W. Skinner, 14725 Powell Dr. Signed petition. 7) Richard A. Gibson, 14713 Powell Dr. Signed petition. 8) Barry T. Scheer, 14709 Powell Dr. Signed petition. 11) Billy J. Brown, 14510 Spaulding Dr. Signed petition. 13) Adeline Phillips, 14502 Spaulding Blvd. "I am in opposition to the proposed zoning change because of increased and congested traffic in our already stressed area. We bought here with the area zoned for single families and feel it should remain so for the safety and value of our property on the comer of Spaulding and River Hill Drive. The potential for late hours, noise, and extensive lighting (night deliveries) is undesirable in a residential neighborhood." Comments Received Case No. 0801-I 1 (Robin Leafy, Trustee) Page 2 16) 17) 18) 20) 21) 24) 25) 26) 27) 28) 30) 31) 32) George and Bobbie Hatch, 14509 Spaulding Blvd. "We do not need bars. etc., in a neighborhood. Also, we have to xvait 15 minutes to enter F.M. 624 now, and with increased traffic from business it would be impossible. We are referring to businesses on River Hill Drive." Michael and Roxann Whitten, 14505 Spaulding Blvd. "Traffic concerns. F.M. 624 is very dangerous to cross, no traffic lights in this vicinity to control traffic." James H. Gray, 14501 Spaulding Dr. Signed petition. Larry E. Warrenfeltz. I4506 Reagan Dr. No written comment. Richard E. Mackerer, 14510 Reagan Dr. Signed petition. Bonnie Bethel, 14610 Powell Dr. "Traffic. noise, crime." James C. Jones, 14614 Powell Dr. Signed petition. Jack L. Ballard, 14618 Powell Dr. Signed petition. Aaron S. Bonds, 14622 Powell Dr. Signed petition. Victor X. Valadez, 14626 Powell Dr. "Personal property value." Carrie L. Zirbes, 14625 Powell Dr. Signed petition. Alberto Guerrero, 14621 Powell Dr. Signed petition. Norma Jean McCulloch, 14617 Powell Dr. Signed petition. I? Comments Received Case No. 0801-11 (Robin Leary, Trustee} Page 3 II. 33) 34) 35) 36) 38) Joe Boultinghouse. 14613 Powell Dr. See attached letter. Karen J. Stou', 14609 Powell Dr. Signed petition. Jeffery S Cheatham, 14605 Powell Dr. Signed petition. Jody Keys, 14513 Reagan Dr. Signed petition. Cathy L. Chabot. 14505 Reagan Dr. "Increased traffic which leads to accidents. Do not want business congestion close to family homes." 39) Brad and Sharon Farmer, 14501 Reagan Dr. "We bought house when land was zoned farm land. We don't want all the noise of a business or the traffic which is already dangerous[ There should already be a light there. How about townhomes? Or selling parts to people living there . or a park which xve don't have!" Responses received from outside the 200-foot notification area: Favor: None. Opposition: Kyle and Cheryl Marusich, 15430 Spaulding Blvd. See attached letter. Andrew and Tami Romero, 14526 Spaulding Blvd. See attached letter. Mr. and Mrs. Jimmy L. Thompson, 14514 Spaulding Blvd. See attached letter. Raymond Tutty, 14613 Spaulding Blvd. See attached letter. Byron and Rachel Unterbrink, 14638 Reagan Dr. See attached letter. Comments Received Case No, 0801-11 (Robin Leafy, Trustee) Page 4 III. Shane A. Zollicoffer, 4013 Nichols Dr. See attached letter. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIR\ERMA\WORD\COMMDATA\080 I-I ICOMMENTS DOC PLANNING COMMISSION MINUTES Robin Leary, Trustee: REQUEST: 0801-11 "F-R" Farm-Rural District and "R-lB" One-family Dwelling Disu-ict to "B-4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 1 I, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. Mr. Saldafia presented a computerized slide presentation of the subject property and the surrounding area. He said that a portion of the subject property is in the "F-R" District area that contains 683.64 acres and is predominantly used as farmland. The north portion of the subject property is part of the "R-lB" District that contains 1,049.81 acres and predominantly developed with single-family residences. There are several tracts of land zoned a "BM" District with a 1.06-acre vacant tract to the west; an 8.30- acre tract south of the subject property that contains a hair salon, a restaurant and a palm tree farm; a 1.22- acre tract east of the subject property that contains an ammal clinic; and a 19.01-acre tract southeast of the subject property that contains a landscape nursery and an athletic club. There is an "AB" District east of the subject that contains 2.46 acres and developed with a church. Mr. Saldafi. a said that the applicant bas requested a change of zoning from an "F-R" Farm-Rural District and an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to sell the properties as commercial land. The subject property comprises of three (3) blocks: Block 9 contains 3.31 acres, Block 10 contains 3.95 acres, and Block 11 contains 4.34 acres. Block 9 is located along the north side of Northwest Boulevard, an arterial, and along the west side of Pinnacle Drive, a local street. Block 10 is located on the north side of Northwest Boulevard and extends from Pinnacle Drive east to River Hill Drive, both local streets. Block 11 is a triangular-shape property with frontage along Northwest Boulevard and River Hill Drive. Block 9 is bordered by Northwest Boulevard to the south, Pinnacle Drive to the east, an undeveloped "F-R" District to the west and an "R-lB" District developed with single-family residences to the north. Development of Block 9 with "B-4" District uses would be consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single- family residences. A "B-lA" Neighborhood Business District would allow a developer the flexibility for commercial development while providing the residences some protection by requiring a 6-foot tall masonry wall along the common lot line and a 15-foot wide landscape strip with trees. The "B-IA" District would serve as a buffer between the "B-4" District fronting Northwest Boulevard and the single-family residences to the north. Since Block 9 has a 30-foot platted setback from the residential properties, this setback area would be the "B-iA" District. Block 10 is bordered by Northwest Boulevard on the south, Piunacle Drive on the west, River Hill Drive on the east and an "R-lB" District developed with single-family residences to the north. Development of Block 9 with "B-4" District uses would be consistent with the adopted Northwest Area Development Plan. However, some protection should be provided for the existing single-family residences. A "B-lA" Neighborhood Business District would allow a developer the flexibility for commercial development while providing the residences some protection by requiring a 6-font tall masonry wall along the common lot line and a 15-font wide landscape strip with trees. The "B-lA" District would serve as a buffer between the "B-4" District fronting Northwest Boulevard and the single-family residences to the north. Since Block 10 has a 30-foot platted setback from the residential properties, this setback area would be the "B- 1 A" District. Block 11 is a triangular shaped property that is bound by Northwest Highway on the south, River Hill Drive on the northwest, and private property on the east. The private property is zoned a "BM" District, developed with a veterinary clinic, and an "R-lB" District, vacant land. Allowing the requested "BM" District to extend deep into the residential area would introduce commercial traffic into the residential area. Staff is of the opinion that the frontage along Northwest Boulevard would be appropriate for "B-4" District uses, but not to extend into the residential area. An "AB" Professional Office District Planmng ComnUssion Minutes Case No. 0801-11 (Robin Leary, Trustee) Page 2 would provide an adequate transition between the general commercial uses to the south and the residential uses to the north. The "AB" District is the non-residential district more compatible with residential uses. Staff recommends that no more than the south 230 feet of Block 11 be allowed for a "B-4" District with the remainder zoned an "AB" District. The Comprehensive Plan Elements can be supportive of the requested "B-4" Dis~ct due to its direct access to an arterial. The Northwest Area Development Plan's adopted fiamre land use map recommends the area to develop with general commercial uses. The requested "B-4" Distxict is consistent with the Plan's recommended land use map. However, some protection to the existing residential area should be provided. Therefore Staffrecommends approval of the "B-4" District except denial of the "B-4" District on the north thirty (30) feet abutting the residential district, and in Iieu thereof, approval of a "B- IA" Neighborhood Business Dislxict on Blocks 9 and 10; and approval of the "B4" Disu-ict on the south 230 feet and denial of the "B-4" District on the remaining area, and in lieu thereof, approval of an "AB" Professional Office District on Block 1 I. In response to Chairman Berlanga, Mr. Saldafia said that the applicant did not have an objection to the 30 feet of Blocks 9 and 10, which abut the residential neighborhood being zoned "B-lA" District; however, she had an objection to the "AB" District for the remainder of Block 1 I. Chaxrman Berlanga opened the public hearing. Clark Flato, representing the owner, provided a brief history of the property,. He said that the property was planed in 1986 and that the lots fronting FM 624 (Northwest Boulevard) xvere designated as commercial lots. Mr. Flato continued that FM 624 is a major arterial and that uses appropriate for the area are general commercial uses. He said that the propen'y would provide convenience and shopping for the neighborhood. Since the area is not rural anymore, FM 624 carries more traffic than US Highway 77. Extensive growth and development of residemial neighborhoods have caused the increase in traffic. Mr. Flato said that the requested zoning was identified in the Northwest Area Master Plan. comrmssioner Amsler said that he was not in favor of rezoning a piece of property prior to having information regarding what type of business would be developed. Vice chamamn Mims said that access to the portion of the property being rezoned to "AB" District would be limited to River Hill Drive. She suggested that the residents discuss their FM 624 traffic concerns with TXDOT. In response to ComnUssioner Pusley's question, Mr. Saldafia said that a "B-4" General Business District requires that the property have a screening fence when abutting a residential neighborhood. ComnUssioner Pusley said that he was concerned with a "B-4" District abutting residential property. In response to Chairman Berlanga's questions, Mr. Saldafia said that an -B-I" Neighborhood Business District would require a standard six-foot screening fence, but is not required to have a 15 foot landscaped buffer. He added that a restaurant could be developed and parking would be allowed to the building line. Adeline Phillips, 14502 Spaulding, submitted five (5) letters and a petition with 86 signatures in opposition to the rezoning request. Ms. Phillips said that the neighborhood had a meeting regarding the rezoning and that there was a consensus that the property should be rezoned to either an office district or left as a residential district. She outlined concerns: 1) Traffic will be increased on FM 624 and River Hills Drive; 2) Noise; 3) Lighting either from businesses and business that have deliveries: 4) Inferior clientele; 5) Uses associated with the "B-4" General Business District such as used car lots. dumpsters, litter and other uses; and 6) Hours of operation. Planning Comrmssion Minutes Case No. 0801-11 (Robin Leafy, Trustee) Page 3 In response to cornrmssioner Pusley, Ms. Phillips said that the neighborhood discussed a "B-lA" Neighborhood Bnsmess District shopping center and office uses. The mangle pomon of the subject property is a concern of the residents. Kyle Marusich, 14530 Spaulding, expressed concerns similar to Ms. Phillips' regarding traffic on FM 624. He asked that the rezorang request not be granted. Marvin Leary, applicant, said that it was critical to the estate to be able to sell the property for the highest and best price. Mr. Leafy said that when the Northwest Business plan was established, the subject property was intended for business development. He added that FM 624 will continue to grow and traffic will not change based on the development of the property. He said that he was not opposed to the 30- foot buffer zone and added that storm drains are in the area. Mr. Leafy said that he would accept an "AB" District on the uiangle-shaped property on Block 11 . He said that he believes that the neighbors will see a valuable asset in the area. In response to Comrmssioner Zamora, Mr. Flato said that the applicant proposes to sell the property in tracts and not divide the property into smaller lots to attract purchasers xvho want to develop quality projects. He continued that the Master Transportation Plan approved in 1987 names FM 624 as a primary arterial and added that FM 624 will be expanded to FM 666. Mr. Flato reiterated his previous statement regarding the Northwest Master Plan identifying the subject property appropriate for general commercial uses. Shear said that the property will be developing into commercial. Better uses would be "B-I" District or "AB" District. He said that drainage is a concern in the area and added that asphalt will create more of a drainage problem John Martin Moorehead, said that an "AB" District would meet the needs of the area and provide better uses and be less detrimental. Public heating was closed. Commissioner Amsler said that the proposed rezoning is consistent with the plan and agreed that traffic was a problem. He said that eventually residential districts would be on both sides of FM 64. Motion by Minas, seconded by Salazar, to forward a recommendation to City Council for recommends approval of the "B-4" District except denial of the "B4" District on the north thirty (30) feet abutting the residential district, and in lieu thereof, approval of a "B-lA" Neighborhood Business District on Blocks 9 and 10; and approval of the "B4" District on the south 230 feet and denial of the "BAS'' District on the remaimng area, and in lieu thereof, approval of an ".aB" Professional Office District on Block 11. Motion passed with Pusley voting "Nay"; Richter and Sween-McGloin being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPMCAT~ON BY ROBIN LEARY, TRUSTEE, BY CHANGING THE ZONING ~MAP IN REFERENCE TO 3.31 ACRES OUT OF LOT 1, BLOCi( 9, ALL OF LOT 1, BLOCK 10, AND ALL OF LOT 1, BLOCK 11, NORTHWEST ESTATES, FROM "F-R" FARM-RURAL DISTRICT AND "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B-lA" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 1 OUT OF 3.3'1 ACRES OUT OF LOT 1, BLOCK 9 AND TRACT 1 OUT OF LOT 1, BLOCK 10; TO AN "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT I OUT OF LOT 1, BLOCK 11 AND TO A "B-4" GENERAL BUSINESS DISTRICT ON TRACT 2 OUT OF 3.31 ACRES OUT OF LOT 1, BLOCK 9; TRACT 2 OUT OF LOT 1, BLOCK 10; AND TRACT 2 OUT OF LOT 1, BLOCK 11; 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 Counc: its reports and recommendations conceming the application of Robin Leafy, Trustee, fcc 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 ¢; Wednesday, August 29, 2001, during a meeting of the Planning Commission, and on Tuesday, October 9, 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 wee allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment woulc 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 3.31 acres out of Lot 1, Block 9, all =f Lot 1, Block 10, and all of Lot 1, Block 11, Northwest Estates, located on the north site of Northwest Boulevard (F.M. 624), between Trinity and Riverwood Drives, from "F-R' Farm-Rural District and "R-1 B" One-family Dwelling Distdct to "B-lA" Neighborhood :~usiness District on Tract 1 out of 3.31 acres out of Lot 1, Block 9 and Tract 1 out ~f Lot 1, Block 10; to an "AB" Professional Office District on Tract 1 out of Lot 1, Block ' 1 and to a "B-4" General Business District on Tract 2 out of 3.31 Acres out of Lot 1 Block 9; Tract 2 out of Lot 1, Block 10; and Tract 2 out of Lot 1, Block 11. Metes and b:unds description is attached as Exhibit A. H:~EG-DIR\DOYLEDCURTIS'~YDOCS~0OI\P&ZORD0 I~.ONING.ORD\DOYLEC~20OI~08C~ 1 lA.DOC Page 2 of 3 SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopteo on this date, remain in full fome and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehens~ve Plan is amended to conform to the Zoning Ordinance, as amended by this ordi~nce. SECTION 5. That all ordinances or parts of ordinances in conflict with Wis ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of ~e City of Corpus Christi as required by the City Charter of the City of Corpus Chr~i. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due ~ 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 9th day of October, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus C.~.fisti APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. City/~mey Doyle(i~Curtis Senior'~Assistant City Attorney H:\LEG-D~R\~YLED~URT~V~Y~2~1\P&z~RD~1~Z~N~NG~RD\D~YLEC~2~1~-~8c111A.D~C 2 HAt'DEN CORPUS CHRIST1, TEXAS 78413 PHONE: 9914)088 TRACT 1 STATE OF TEXAS "B-lA" District COUNTY OF I, RJECES A DESCKIPTION OF A ~ ACRE TRACT OF LAND OUT OF LOT 1, BLOCK 9, NORTHWEST ESTATES RECORDED IN' VOLUME 52, PAGE 55 & 5!. MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESC?z -=ED AS FOLLOWS: BEGINNING AT TI~ SOUTHWEST CORNER OF SAID LOT l, BLOCK 9 _;.MD POINt BEING ON TI-IE NORTI-IERLY RIGHT-OF-WAY LINE OF FM 624; THENCE, ALONG THE WEST BOUNDARY LINE OF SAID LOT I, N 10'~- ~4" E, 251.78 FEET TO A POINT, FOR THE POINT OF BEGINNING AND A CORNER OF T--_5 TRACT; TI-[ENCE, CONTINUING ALONG SAID BOUNDARY LINE, N 10'43'44" ~. 30.09 FEET TO A POINT, SAID POINT BEING THE SOUTI4WEST CORNER OF LOT :, BLOCK 1, SAiD NORTHWEST ESTATES, FOR A CORNER OF THIS TRACT; THENCE, ALONG THE NORTH BOUNDARY L1NE OF SAID LOT 1, BL£CK 9, S 83'45'21" E, 644.91 FEET TO A POINT, SAID POINT BEING ON THE WESTERLY P,2_--HT-OF-WAY LiNE OF prNrNACLE DRIVE, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID RIGHT-OF-WAY LINE, S 06° 14'39" W, 30.00 FE_--'7 TO A POINT, FOR A CORNER OF THIS TRACT; THENCE, N 83°45'21" W, 647.26 FEET, TO THE POINT OF BEGINNING CONTAINING: 0.2229 ACRES, MORE OF LESS. NOTE: NOT SURVEYED ON TH~ GROUND. 010726TR2 HAYDEN SURVEYING, INC. REGISTERED PROFESSIONAL LAND EXHIBIT A I OF 10 STATE OF TEXAS COUNTY OF NUECES TRACT 2 "B-4" District :~. .2Z 2001 Fr_~: :cRri F~ A DESCRIPTION OF A 2.g759 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK 9, NORTHWEST ESTATES RECORDED IN VOLUME 52, PAGE 55 & 56, MAP RECORDS, NUECES COUNTY. TEXAS AND BEING MORE pARTICULARLY DESCRIBED A S i;OLLOWS: BEGINNTNG AT THE SOUT~IWEST CORNER OF SAID LOT l, BLOCK 9. SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF FM 624; THENCE. ALONG TH~ WEST BOUNDARY LINE OF SAID LOT 1, N 10"43'44" E, 160.50 FEET TO A POINT. FOR THE POINT OF BEGINNING AND A CORNER OF TH'IS TRACT; THENCE. CONTINUTNG ALONG SAID BOUNDARY LINE, N 10'43'44" E, 91.2g FEET TO A POINT. FOR A CORNER OF THIS TRACT; THENCE, S 83'45'21" E. 647.26 FEET TO A POINT. SAID POINT BEING ON Tt-[E WESTERLY RIGHT-OF-WAY LINE OF PINNACLE DKIVE, FOR A CORNER OF THIS TRACT; THENCE, ALONG' SAID RIGHT-OF-WAY LINE, S 06° 14'39" W, 236.10 FEET TO A POINT, SAID POINT BEING THE START OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 89°56'22% A RADIUS OF 14.21 FEET AND A TANGENT OF 14.20 FEET, FOR A CORNER OF THIS TRACT; THENCE, ALONG S.aXD CURVE, 22.30 FEET TO A POINT. SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF FM 624, FOR A CORNER OF THIS TRACT: TI-[E.,N CE, ALONG SAID RIGHT-OF-WAY LINE, N 83'48'59" W, 400.03 FEET TO A pOINT, FOR A CORNER OF THIS TRACT; THENCE, N 06'11'00" E, 159.74 FEET TO A POINT FOR A CORNER OF THIS TKACT; THENCE, N 83'4521" W, 240.00 FEET TO THE POINT OF BEGINNING CONTAIN['NG: 2.8759 ACRES, MORE OF LESS. NOTE: NOT SURVEYED ON THE GROUND. EXHIBIT A 2 OF 10 Oct. 0 [ 0726TR l ItAYDEN SURVEYING, rNC. FRED Q HAYDEN, JR. REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 4486 EXHIBIT A 3 OF 10 . ~t~y lD E N N~a~URVEYING, INC" 5866 S. STAPLES SUITE f,342 CORPUS CHRISTI, TEXAS 78413 PHONE: 991-008~1 2001 09:2'9AI'1 STATE OF TEXAS COUNTY OF NUECES TRACT 1 "B-lA" District A DESCRIPTION OF A 0.4283 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK I0, NORTHWEST ESTATES RECORDED UN VOLUM:E 52, PAGE 55 & 56, MAP RECORDS, NLrECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNEqG AT THE COMMON NORTHWEST CORNER OF SAID LOT 1, BLOCK I 0 AND THE SOUTHWEST CORNER OF LOT 1, BLOCK 8, SAID POINT BEING ON THIEEASTERLY RIGHT- OF-WAY LINE OF PINNACLE DRIVE, FOR THE POINT OF BEGINNING AND A CORNER OF THiS TRACT; THENCE, ALONG THE NORTH BOUNDARY LINE OF SAID LOT l, BLOCK 10, S 83 ~45'21" E, 604.12 FEET TO A POINT, FOR A CORNER OF TI-PiS TRACT: THENCE, CONTINUING ALONG SAiD BOUNDARY LINE, S 43°29'21'. E, 46.41 FEET TO A POINT, FOR A CORNER OF THIS TRACT; TI{ENCE, N 83 °45'21" W, 639.54 FEET TO A POINT, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF PINNACLE DRIVE, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID RIGHT*OF-WAY LINE, N 06 14 3 E, 30.00 FEET TO THE POINT OF BEGINNING. CONTAiNiNG: 0.4283 ACRES, MORE OF LESS NOTE: NOT SURVEYED ON THE GROUND. 010726TR3 HAYDEN SURVEYING, INC. FRED C. HAYDEN,"J~. / REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 4486 EXHIBIT A 4 OF 10 ~866 S. STAPLES SUITE CO.Ua CH~S~, T~ PHONE: 991~068 0,:1:. 02 £331 09:2'.~¢~H~ ~- STATE OF TEXAS COUNTY OF NLrECES TRACT 2 "B-4" District A DESCRIPTION OF A 3.5226 ACRE TRACT OF LAND OUT OF LOT I, BLOCK NORTHWEST ESTATES RECORDED IN VOLUME 52, PAGE 55 & 56, MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON NORTHWEST CORNER OF SAID LOT 1, BLOCK 10 AND THE SOUTHWEST CORNER OF LOT 1, BLOCK 8, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LiNE OF PINNACLE DRIVE; THENCE, ALONG SAID RIGHT-OF-WAY LENE, S 06' 1439" W, 30.00 FEET TO A POINT, FOR THE. POINT OF BEGINNING AND A CORNER OF THIS TRACT; THENCE S 83°45'21" E, 639.54 FEET TO A POINT, SAID POINT BEING ON TIDE. NORTHEASTERLY BOUNDARY OF SAID LOT l, BLOCK 10, FOR A CORNER OF TI'lIS TRACT; THENCE, CONTINUING ALONG SAID BOUNDARY LINE, S 43"29'21" E, 34.23 FEET TO A POINT, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RIVER HILL DRIVE AND TI-rE START OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40' 16'00", A RADIUS OF 330.00 FEET AND A TANGENT OF 120.98 FEET, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID CURVE AND RIGHT-OF.WAY LrNE, 231.92 FEET TO A POINT, SAID POINT BEING THE.. START OF A CURVE TO THE RIGHT HAVING A CENTKAL ANGLE OF 89°56'22", A RADIUS OF 14.21 FEET AND A TANGENT OF 14.20 FEET, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID CURVE, 22.30 FEET TO A POINT, SAiD POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF FM 624, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID RIGHT-OF-WAY LINE, N 83'48'59" W. 559.12 FEET TO A POINT, SAID POINT'BEING TI IE START OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90'03'38", A RADIUS OF 14.12 FEET AND A TANGENT OF 14.14 FEET, FOR A CORNER OF THIS TRACT; THENCE ALONG SAID CURVE, 22.19 FEET TO A POINT, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LiNE OF PINNACLE DRIVE, FOR A CORNER OF THIS TRACT: TI'fENCE, ALONG SAiD RIGHT-OF-WAY LINE, N 06' 14'39" E, 236. I 0 FEET TO THE POINT OF BEGINNING. EXHIBIT A 5 OF 10 -='-' :-A,[,Et~ CA: IICI. ;'9'9!'9C'~4 _-:~. ',-J2 --00~. O'9;:l,~r! CONTAINING: 3 5226 ACRES, MORE OF LESS NOTE: NOT SURVEYED ON THE GROUND. HAYDEN SURVEYING', INC. 010726TR4 FRED C. HAYDEN, ,1~. REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 4486 EXHIBIT A 6 OF 10 _~YDL'N ~ UR 1 TYING INC ~1866 Si. SITAPLE8 ~UlTE 1~342 CORPUSI CHRISTI, rF..XAS 78413 PHONE: 991-0088 TRACT 1 "AB" District STATE OF I'E:'L'KS COUNTY OF NUTCES A DESCRIPTION OF A I 7822 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK NORTHWEST ESTATES RECORDED IN VOLUME 52, PAGE 55 & 56. ,MAP RECORDS. ~,'I~T, CES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGFN%FiNG AT TI-EE SOUTHEAST CORNER OF SAID LOT 1, BLOCK [ 1, SAID POINT BEING ON THE NORTHERLY RI'GIlT-OF-WAY LINE OF FM 624~ ~ HENCE, ALONG THE EAST BOUNDARY LINE OF SAID LOT 1, BLOCK '. ! N 06: 18'06" E 2,19 04 FEET TO A POPNT, FOR THE POINT OF BEGINNING AND A CORNER OF 'IMIS ['RACT; THENCE, N 83~45'21'' W, 367 50 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTE, RLY RIGHT-OF-WAY LINE OF RIVER HILL DRIVE, FOR A CORNER OF THIS TRACT. THENCE, ALONG SAID RIGHT-OF. WAY LINE, N 46~30' 59" E, 481 61 FEET TO A POINT, SAID POINT BEING THE START OF A CLFRVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90'05'20", A RADIUS OF 1683 FEET ANT) A TANGENT O.F 16.86 FEET, FC)R A COI~.NER OF 'IT/IS TRACT: THqENCE, ALONG SAID CUT, VE AND RIGHT-OF-WAY LINE, 2646 FEET TO A POINT. SAID POINT BEING ON THE NORTHEASTERLy BOUNDARY L~qqE OF SAID NoRTHV/EsT ESTATES, FOR A CORNER OF TEllS TRACT: THENCE, ALONG SAID BOUNDARY LINE, S 43"24'01' E, 43.06 FEET TO A POFNT, SAID POINT BEING THE NORTHEAST CORNrER S ' . AD LOT l, BLOCK I 1, FOR A CORNER oF THIS TRACT: THENCE, ALONG THE EAST BOUND.ARy LINE OF SAID LOT 1, BLOCK 11, S 06: 18'06' W. 341 55 FEET TO THE POINT OF BEGINNING. CONTAINING: 1 7822 ACRES, MORE OF LESS. NOTE: NO'[' SURVEYED ON 'T[/F GROUND. EXHIBIT A 7 OF 10 :z- -- ZE' ~z 'C. .~F/_-'iTx i:':. ,2Z Zi.2; .iF:Tiz :iZ 010726TR6 - C HAYDEN SLYRMEYING. [iq BY /' ,~ FRED C. HA 5'nDEN. ILEGISTERED PROFESSIO,N:kL LAND S~YO~ ~S NO. ~86 EXHIBIT A 8 OF 10 __~_.4 ?'D£N CORPUS CHRISTI, STATE OF TEXAS COUNTY OF NUECES TRACT 2 "B-4" District A DESCRIPTION OF A 2.5565 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK 1l, NORTHWEST ESTATES RECORDED IN VOLUME 52, PAGE 55 & 56, MAP RECORDS, N UECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT I, BLOCK 11, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PM 624, FOR TH~ POINT OF BEGINNING AND A CORNER OF THIS TRACT; THENCE, ALONG SAiD RIGHT-OF-WAY LINE, N 83"48'59" W, 468.68 FEET TO A POINT, SAID POINT BEING THE START OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90~03'38", A RADIUS OF 14.12 FEET AND A TANGENT OF 14.14 FEET, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID CURVE. 22.19 FEET TO A POINT, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF RIVER HILL DRIVE AND ALSO BEING THE START OF A CURVE TO THE RIGHT HAVING A CEN I Iq. AL ANGLE OF 40° 16100'', A RADIUS OF 270.00 FEET AND A TANGENT OF 98.98 FEET, FOR A CORNER OF THIS TRACT; THENCE, ALONG SAID CURVE AND RIGHT-OF- LINE, 189.75 FEET TO A POINT, FOR A CORNER OF THIS TRACT; THENCE, CONTINLrlNG ALONG SAID RIGHT-OF-WAY LI2'qE, N 46°30'59'' E, 79.81 FEET TO A POINT, FOR A CORNER OF THIS TRACT; THENCE, S 83°45'21'' E, 367.50 FEET TO A POINT, SAID POINT BEING ON THE EAST BOUNDARY LINE OF SAID LOT 1, BLOCK 11, FOR A CORNER OF THiS TRACT THENCE, ALONG SAiD BOUNDARY LINE, S 06' 18'06" W, 249.04 FEET TO THE POINT OF BEGINNING. CONTAINING: 2.5565 ACRES, MORE OF LESS. NOTE: NOT SURVEYED ON THE GROUND. EXHIBIT A 9 OF 10 ir r --:"' :~,E,~rl ~ I~1-~. :5_mp~O_-4 ,,-t, ,31 2001 010726TR5 HAYDEN SURVEYING, INC REGISTERED PROFESSIONAL LAND SURVEYO'K, TEXAS NO. 4486 EXHIBIT A lO Of 10 PROPOSED ZONING F-.R R--1 BI / R--1E Aug 15, 2001 CASE Z0801-11 F-~FarmRural Oist. R-180~e--Fm~ily D~eiling Dist. aB Profeeaionol Office Oiat. B-4 G~nerel 8uline=e Dist. II oF // Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBIN LEARY, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.31 ACRES OUT OF LOT 1, BLOCK 9, ALL OF LOT 1, BLOCK 10, AND ALL OF LOT 1, BLOCK 11, NORTHWEST ESTATES, FROM "F-R" FARM-RURAL DISTRICT AND "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL E[ISINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPRE-iENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLAF,.~IG AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Counci its reports and recommendations conceming the application of Robin Lean/, Trustee, ~r amendment to the Zoning Ordinance and Zoning Map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public heanngs were held :n Wednesday, August 29, 2001, dudng a meeting of the Planning Commission, and or Tuesday, October 9, 2001, during a meeting of the City Council, in the Council C,~ambers, at City Hall, in the City of Corpus Christi, during which all interested persons w~re allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment woui: best serve public health, necessity, and convenience and the general wetfare of th-; 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, T_~xas, is amended by changing the zoning of 3.31 acres out of Lot 1, Block 9, ali :f Lot 1, Block 10, and all of Lot 1, Block 11, Northwest Estates, located on the north see of Northwest Boulevard (F.M. 624), between Trinity and Riverwood Ddves, from "F-F,' Farm-Rural District and "R-1 B" One-family Dwelling Distdct to "B-4" General Busine.m District. SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, -.=xas, is amended to reflect the amendment to the Zoning Ordinance made by Sc--ct~ ion 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Sorpus Christi, Texas, approved on the 27th day of August, 1973, as amended from tin'e to time, except as changed by this ordinance and any other ordinances adoptec :n this date, remain in full fome and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordirance represents a deviation from the Comprehensive Plan, the Comprehensr,~ Plan is amended to conform to the Zoning Ordinance, as amended by this ordir~nce. H:~EG-DtR\DOYLEDCURTIS\MYDOCS~00 I\P&ZORD01~ZONING,ORD\DOYLEC~001~Z08r" ~ 1B.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with ~is ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication cf;he City of Corpus Christi as required by the City Charter of the City of Corpus Ch~sti. SECTION 7. That upon written request of the Mayor or five Council re-=tubers, copy attached, the City Council (1) finds and declares an emergency due ~3 the need for immediate action necessary for the efficient and effective administrafio~ of City affairs and (2) suspends the Charter rule as to consideration and voting upor ordinances at two regular meetings so that this ordinance is passed upon first readin; as an emergency measure on this 9th day of October, 2001. ATrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus C-dsti APPROVED AS TO LEGAL FORM 4 October, 2001 James R. Bray, Jr. City ,~te~ney /~ Doyle q/../~ urtis Senior A/ssistant City Attorney H:~LEG-DIR\DOYLEDCURTIS~/IYDOCS~2001\P&ZORD01~ZONiNG.ORD~DOYL~C~2001~.08r., 11B.DOC ~'~ (41~ FROM : C~rata, Inc. PHONE HO. : 562 8828556 Aug. 16 2002 08:55PM P2 IvI~TES AlX03 BOUNDS DESCRIPTION FIELD NOTES for a ;).31 acre tract of land out of Lot 1, Block 9, Northwest Estates Subdivision, a map of which is recorded in Volume 52, Pages 55 and 56, Map Records of Nueces County, Texas, said 3.31 acre tract of !and being more particularly described a~ follows: Bc, y, inning at a point in the north tight-of-way liae of F.M. 624 and 252.72 feet east from the southwest corner of Northwest Estates for the most southwest corner of this tract; Thence N 06* 14' 39" E, a distance of 160.00 f~et to an interior comer of this tract; Thence N 83* 45' 21" W, a distance of 240 feet to a point being the most southern corner of the western bounda~ of this tract; Thence N 10' 43' 44" E, a distance of 121.37 feet to the northwest comer of this tract; Thence S 83* 45' 21" E, a distanc~ of 644.91 f~t along the north boundary of this tra~t to the northeast comer oft[tis tract; Thence S 06'14' 39" W, a distance of 266,10 feet along the eastm'n boundary of this tract and the west right-of-way line of Pinnacle Drive to the P. C. ora curve to the right and a comer of this tract; Thence, around said curve to the fight, the west right-of-way of Pinnacle Drive, said curve having a radius of 14.21 feet and a length of 22.;)0 f~t, the long chord of which bears S 89' $6' 22" W, 14.2 feet to the P.T. of said curve and a corner of this tract in the north right-of-way line of F.M. 624; Thence N 83* 48' 59" W, with the southern boundary of this tract and the north right-of- way line of F.M. 624, a distance of 400,42 feet to the POINT OF BEGINiNI31G and containing 3.31 acres. ,57 CITY COUNCIL AGENDA MEMORANDUM Date: October 1, 2001 SUBJECT: Revisions to Street Re-Naming Ordinance (Second Reading Ordinance) AGENDA ITEM: Ordinance revising Code of Ordinances Chapter 49 - Streets and Sidewalks, Section 49 -1 - - Procedure for Naming, Re-naming or Changing Names of Streets by replacing current procedures with new procedures and fees. ISSUE: On October 12, 2001, the City Council reviewed the first reading ordinance for revision of the current ordinance for re-naming city streets. Council approved the first reading ordinance, but with a motion to revise one item in the Staffs proposed ordinance: As part of the "Survey Process", not less than 75-% of the property owners on the subject street must respond to the survey in support of the proposed re-naming A second issue discussed but not included in the above motion pertained to making the applicant for the an approved street re-naming responsible for the cost of changing the street name signs along the affected street section. The ordinance submitted for second reading includes the above amendment for the Survey Process but provides that the City absorb the sign replacement cost. The ordinance is subject to amendment by vote of the Council to pass on the cost of the street name sign replacements to the applicant. REQUIRED COUNCIL ACTION: Revisions to the Street Re-Naming Ordinance must have City Council approval. RECOMMENDATION: Approval of the amended ordinance as submitted. ' Angel R. Escobar, P.E. Director of Engineering Services Additional Support Material Additional Background Information Exhibit 1 - Street Re-Naming Process Recommendations (Revised) Ordinance Revisions to Street Re-Naminq Ordinance Page 1 of 2 AGENDA MEMORANDUM Additional Background Information Background: In the September 25, 2001 Council meeting, Staff presented proposed revisions to the city ordinance governing proposals to re-name city streets. During discussion of the proposed revisions, Council passed a motion to revise the staff recommendation on the amount of support by affected property owners during the survey process. A second concern briefly discussed by Council was to require the costs of replacing street name signs for Council-approved street re-namings to be paid by the applicant for the street re-naming. Survey Process: The Staff's original proposal provided that more than 50-% of the affected property owners would have to respond in support of a proposed street re-naming as a condition for the process to proceed to a City Council hearing. In the Council's September 25th meeting, Council voted to amend the amount of required favorable response to 75-% or greater. Cost of Street Name Sign Replacements: Current policy for approved re~namings provides the City to bear the fabricating and installation (labor/equipment) costs for replacing existing street name signs. The City's costs varies dependent on type of street: Functionally classified "through" streets are marked with 9-inch street name signs on both sides of the roadway of a conventional 4-leg intersection. Therefore, the cost of the street name sign change-outs is based on two street name sign assemblies, using 9-inch blades. The average cost of sign change-out per intersection would be approximately $240. This cost would further vary based on the length of street name blades used. Functionally classified "non-through" streets are marked with 6-inch size street name signs on one side of the roadway of a conventional 4-leg intersection. Therefore, the cost of the street name sign change-outs would be based on one street sign assembly using 6-inch blades. The average cost of sign change-out per intersection would be approximately $110. As above, this cost would further vary based on the length of street name blades used. Prior Council Actions: March 22, 1994: The City Council established an official Council policy which declines to change the names of streets in Corpus Christi except under unusual, extenuating circumstances (Resolution 21901, 03-22-94) May 29, 2001: After a Staff presentation on possible revisions to the City's Street Renaming Ordinance, Council directed Staff to bring back a proposed ordinance for the discussed revisions. September 25, 2001: The City Council approved the first reading of the proposed ordinance revision for re-naming city streets, including the amendment to the Survey Process requirements as noted above. Revisions to Street Re-Narninq Ordinance Page 2 of 2 t 'S �, +; . K.. ' 2i K.. ' } _fir }r fir.' # �w � Vii] 4 fir., IGGESTED REVISIONS ZENAMING tY PROCESS �µ a SURVEY PROCESS APP PROCESS tY �µ a SURVEY PROCESS i r N "}tM,q rt v 4 2 i N "APPLICATION PROCESS STEP 1 CITIZEN REQUEST,TO CITY SECRETARY ".. 4 ' COUNCIL DECLINESTO RENAME (CUF 'STREET RENRENT)NCIL IN CORPUS.`tHRISTI EXCEPT, COUVERIFY, POLICY UNDER UNUSUAL, EXTENUATING j CIRCUMSTANCES (03-22-94) PROPOSED STREET NAME CHANGE TO SERVE RECOGNIZED PURPOSE CITY STAFF MAY INITIATE OF LOCAL, REGIONAL, STATEWIDE REQUESTS FOR STREET OR NATIONAL SIGNIFICANCE b NETWORK CLARIFICATION.- (PROPOSED) k > *' ;yyam ..:, ri, n `;1 u5 •4•' t i 1 ' l` {��,, i..f J S 41 2 {••l . � �`^brE . � NO RENAMING: TOA NAMED STREET FOR STREMItEPLECTEDY' m: ' .ARTERIAL FOR A PERSON NOT DECEASED ,, ;', ,. 1852 PLAN OF CORPUS CHRISTI • THAT WOULD CREATE DISRUPTION;, a • FOR' STREET NAMES> 50 YEAR$ OF A UNIFORM STREET NAME WITHIN BOUNDARY OF 1852 PLAN (STEP 2) ; 3 a ApPtICAT10N PROCESS r. STEP Z` e' APPLICANT NOTIFIED OF INITIAL STAFF REVIEW NON-COMPLIANCE (COUNCIL POLICY / HISTORICAL REVIEW) • CITY SECRETARY TO �. COMPLIANCE WITH COUNCIL POLICY .NOTIFY ".COUNCIL, _,, j COUNCIL MAY DIRECT "OFFICIAL APPLICATION STAFF TO ALLOW SUBMITTED WITH ;PROCESS TO PROCEED " --n,"RESEARCH" FEE ($500)" F'a . OR s DENIAL 1N ABSENCE rm t = (STEP 3) OF COUNCIL ACTION �k t t ;SURVEY PROCESS V ;t STEP 4 .f s SURVEY INITIATED ` 21 ,. SURVEY MAILED T4,AFFECTED , 'PROPERTY OWNERS WITHIN 10 (AFTER PAYMENT OF WORKING FOLLOWING,, "PROCESSING" FEE) ,DAYS PAYMENT OF "PROCESSING" FEE" PROPERTY OWNERS GIVEN;.. x ADDITIONAL 15., WORKING DAYS TO RESPOND P 4 .,1:, � ,4 S .�L "�•:tY ! f �i_ 'x`i. 3ti �.- ( }H a 4.. 4 S, la?c s STAFF COMPILES SURVEY RESULTS 1& . (STEP 5j - �. SURVEY PROCESS Em STOPS NOTIFIED i tX M wl ( 4 r;x as Y' S` w' tX M wl ( 4 r;x as CONTINUED;; STAFF z :PROCESSING OVAL PROCESS CITY MANAGER SCHEDULES PUBLIC HEARING DATE CITY SECRETARY NOTIFIES;: PROPERTY OWNERS. PUBLISHES , PUBLIC HEARING NOTICE WITHIN 10 WORKING DAYS PRIG SCHEDULED HEARING (STEP 7} -s= . w =SS Page 1 of 5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 49 - STREW-TS AND SIDEWALKS, SECTION 49-1 -- PROCEDURE FOR NAMING, RE-NAMING OR CHANGING NAMES OF STREETS BY REPLACI~IG CURRENT PROCEDURES WITH NEW PROCEDURES AND FEES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 49 - S'a'eets and Sidewalks, Section 49-1 -- Procedure for Naming, Re-Naming or Changing Nan-es of Streets is amended by replacing Current Procedures with New Procedures and Fees to read as follows: "CHAPTER 49 - STREETS AND SIDEWALKS "Article I IN GENERAL "Sec. 49-1. Procedure for naming, renaming or changing names of streets. 'q'he following procedure is hereby established for the naming, renamir~ or chanqing of names of streets, roads and highways within the City: (1) Persons who reside on or own property that has a ~reet address on any street, road or highway within the City who desire to have the City Council exercise its powers of fixinq or chanqinq the name of said street, road or hiqhway may file a request with the City Secretary in writing. (2) The request shall contain an accurate description of the street, road or highway, or portion thereof, and the name or names involved, so as to iderrtify the location. · ~ Attached to the request shall be a narrative explainincl the -~ackqround and intended justification for the proposed street renaminq. ~ Upon receipt of the request, and attached background and iustification, the City Secretary and City Traffic En,qineer shall jointly verify whether the ~roposed street renaminq complies with the City Council policy for proposed street name :hanqes. Upon determination that the proposed street renaming complies with the C;-ty Ccuncil policy, the City Secretary shall notify the applicant to submit an official appiicaticn with the City Secretary in writing, directed to the City Council. Upon determination that the proposed street renaminq does not comply with the City Council policy, the City Secretary will notify C:\WIN DOWS\TEM P~Sec49-11 .wpd Page 2 of 5 the City Council of the request and of the determination that it does not s~isfy the Council policy. Unless otherwise directed by a maiority of the Council by the ---nd of the next Council meeting after notification, the City Secretary will notify the appli~nt of the denial and the reasons for the denial. (5) The application shall be on a form supplied by the City Se:retary and shall contain all information requested. A "research fee" of five hundred dollars_- ($500.00) shall accompany the application. The "research fee" shall cover the City ~affs cost for ,q thorough research of the street renaminq application includinq: (a) preparation of a detailed site map of the affected stree,, section, current development and number of affected properties; (b) identification of all affected property owners, tenants, ~-d their mailinq addresses; preparation of a required survey form for contactinq the ~=ected property owners; and (d) identification of a "processinq fee" commensurate with the :otal cost of the following: City Secretary's cost of mailinq the survey forms to all affected property owners, i/jj) City staff's cost of compiling responses to mailed sL"/ey, and (iii) City Secretary's cost of publishinq a notice for a publ: hearinq by thP, City Council and mailing written notice to all affectec :roperty ownem and tenants (6) Survey Process. Upon applicant's receipt of written noti:e from the City Traffic Enqineer specifying the "processinq fee" described in section 5 .~. the applicant must, within ten (10) working days followinq receipt of the notice, depc_=it with the City Secretary the amount of the "processing fee". Following receipt of the ':rocessinq fee" within the prescribed period, the City Secretary shall inform the City Tr?TTic Enqineer to proceed with the required survey of affected property owners. The survey v, fil be conducted and analyzed with the followinq procedure: (a) The City Traffic Enqineer will mail the survey to affected :-operty owners within ten (10) working days followinq deposit of the applic-*;ts "processing fee" with the City Secretary; C:\WlNDOWS~TEMP\Sec49-11 .wpd (b) Page $ of 5 Property owners will be given fifteen (15) workinq da~s fro- The date of the mailed notice to respond to the survey; Upon receipt of survey forms received within the prescribe: :eriod, the City Traffic Engineer will determine the number of property owrers in support of the proposed street renaming. Property owners who dc -ot respond or whose responses are received after the prescribed pedoe ,'~ill be classified as not supporting the proposed street renaminq; If 50% or less of the total surveyed property owners supp:rt the proposed street renaming, the applicant will be notified within twenty (_'~) working days that the application has been denied and shall be providec with a summary of the survey results; (e) If more than 50% of the total survev property owners supp:~ the proposed street renaming, the applicant will be notified of the surve/ results within twenty (20) workinq days of the completed survey. VVithi- the prescribed twenty (20) day period the City Traffic Enqineer shall in wr-.nq request the followinq officials, committees and orqanizationsto commen:,.'n writinq on the proposed street renaming: } Director of Enqineerinq Services } City Utilities Office Man_=aer } Director of Planning } City Landmark Commi~;on } Police Chief } Nueces County Histori~l Society } Fire Chief } Nueces County H~tori;-_< Commission Postmaster UPon the City Traffic Engineers completion of survey result and requested comments from the officials identified in subsection 6.e --Dove, the city Manaqer shall set a date for a public hearing by the City :ouncil. Upon settinq the date, notice of the hearinq shall be publisl-ed by the City Secretary. and written notice mailed, at least ten (10) ~,,orkinq days in advance of the date set for public hearing, to property owne's and tenants whose residence or place of business is on the street, r:ad or hiqhway affected. City Council Public Hearinq. On the date set for public hear-q, the hearinq shall be held by the City Council and decision made or t,%= Council shall continue the matter to another date. At least a three-fou .r:- (3/4)-maiority C:\WlNDOWS\TEMP\Sec49-11 .wpd Page 4 of 5 vote of the City Council shall be required to approve the ;roposed street renaminq. Upon approval by the City Council of any street =ame chanqe, ,~ copy of the ordinance makinq the chanqe shall be fum~'~ed by the City Secretary to each of the aforementioned officiais, :cmmittees and orqanizations and the City Traffic Enqineer shall cause str~--~ name signs tn be placed on the affected street in accordance ~,,dth t-e terms of th~ ordinance. No cost will be charqed to the applicant or ----'.-ected property owners or residents for the City's cost to fabricate and ins~l the new street name siqns. If the street renaminq application is denied, neither the aforementioned "research fee" nor "processing fee" will be refunded to the .--oplicant. SECTION 2. Publication shall be made one time in the official pu:~lica~:n of the City of Corpus Christi as required by the City Charter of the City of Corpus Chr~]. C;WVINDOWS\TEM P\Sec49-11 .wpd Page 1 of 5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 49 - STREETS AND SIDEWALKS, SECTION 49-1 -- PROCEDURE FOR NAMING, RE-NAMING OR CHANGING NAMES OF STREETS BY REPLACING CURRENT PROCEDURES WITH NEW PROCEDURES AND FEES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION ~1. That the City Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section 49-1 -- Procedure for Naming, Re-Naming or Changing Names of Streets is amended by replacing Current Procedures with New Procedures and Fees to read as follows: "CHAPTER 49 - STREETS AND SIDEWALKS "Article I IN GENERAL "Sec. 49-1. Procedure for naming, renaming or changing names of streets. 'q'he followinq procedure is hereby established for the namin(~, renamin(~ or chanain(~ of names of streets, roads and highways within the City: (1) Persons who reside on or own property that has a street address on any street, road or hiqhway within the City who desire to have the City Council exercise its powers of fixing or changinq the name of said street, road or hi.qhway may file a request with the City Secretary in writinq. ~ The request shall contain an accurate description of the street, road or highway, or portion thereof, and the name or names involved, so as to identify the location. (3) Attached to the request shall be a narrative explaining the backqround and intended justification for the proposed street renaminq. ~ Upon receipt of the request, and attached background and justification, the City Secretary and City Traffic Engineer shall jointly verify whether the proposed street renaming complies with the City Council policy for proposed street name changes. Upon determination that the proposed street renaminq complies with the City Council policy, the City Secretary shall notify the applicant to submit an official application with the City Secretary in writing, directed to the City Council. Upon determination that the proposed street renaming does not comply with the City Council policy, the City Secretary will notify H:~EG-DIR\Shared~IEAN NIE\Sec49-1 RevisedOrd2.wpd Page 2 of 5 the City Council of the request and of the determination that it does not satisfy the Council policy. Unless otherwise directed by a majority of the Council by the end of the next Council meetinq after notification, the City Secretary will notify the applicant of the denial and the reasons for the denial. ~ The application shall be on a form supplied by the City Secretary and shall contain all information requested. A "research fee" of five hundred dollars ($500.00) shall accompany the application. The "research fee" shall cover the City staffs cost for ,~ thorough research of the street renaminq application including: preparation of a detailed site map of the affected street section, current development and number of affected properties; identification of all affected property owners, tenants, and their mailing addresses; preparation of a required survey form for contactinq the affected properl~ owners; and identification of a "processinq fee" commensurate with the total cost of the following: City Secretary's cost of mailing the survey forms to all affected property owners, City staff's cost of compilinq responses to mailed survey, and City Secretary's cost of publishinq a notice for a public hearinq by the City Council and mailinq written notice to all affected property owners and tenants (6) Survey Process. Upon applicant's receipt of written notice from the City Traffic Enqineer specifyinq the "processing fee" described in section 5.d, the applicant must, within ten (10) workinq days following receipt of the notice, deposit with the City Secretary the amount of the "processing fee". Following receipt of the "processinq fee" within the prescribed period, the City Secretary shall inform the City Traffic Enqineer to proceed with the required survey of affected property owners. The survey will be conducted and analyzed with the following procedure: (a) The City Traffic Enqineer will mail the survey to affected property ownem within ten (10) workinq days following deposit of the applicants "processing fee" with the City Secretary; H:~LEG-DIR~SharedUEANNIE\Sec49.1 RevisedOrd2.wpd Page 3 of 5 (b) Property owners will be qiven fifteen (15) workinq days from the date of the mailed notice to respond to the survey; Upon receipt of survey forms received within the prescribed period, the City Traffic Engineer will determine the number of property owners in support of the proposed street renaminq. Property owners who do not respond or whose responses are received after the prescribed period will be classified as not supportinq the proposed street renaminq; If 549%-or-less than 75% of the total surveyed property owners support the proposed street renaming, the applicant will be notified within twenty (20) workinq days that the application has been denied and shall be provided with a summary of the survey results; (e) If 75% or more ~f the total survey property owners support the proposed street renaming, the applicant will be notified ofthe survey results within twenty (20) working days of the completed survey. Within the prescribed twenty (20) day period the City Traffic Enqineer shall in writing request the following officials, committees and organizations to comment in writincl on the proposed street renaming: } Director of Engineerinq Services } City Utilities Office Manager } Director of Planninq } City Landmark Commission } Police Chief } Nueces County Historical Society } Fire Chief } Nueces County Historical Commission } Postmaster (7) Upon the City Traffic En.qineers completion of survey results and requested comments from the officials identified in subsection 6.e above, the citv Manager shall set a date for a public hearing by the City Council. Upon settinq the date, notice of the hearing shall be published by the City Secretary, and written notice mailed, at least ten (10) workin(~ days in advance of the date set for public hearing, to property owners and tenants whose residence or place of business is on the street, road or highway affected. City Council Public Heafinq. On the date set for public hearing, the hearing shall be held by the City Council and decision made or the Council shall continue the matter to another date. At least a three-fourth (3/4)-maiority H:~.EG-DIR~Shared~J EANNIE\Sec49-1 RevisedOrd2.wpd Page 4 of 5 vote of the City Council shall be required to approve the proposed street renaming. Upon approval by the City Council of any street name change, a copy of the ordinance making the chanqe shall be furnished by the City Secretary to each of the aforementioned officials, committees and organizations and the City Traffic Enqineer shall cause street name signs to be placed on the affected street in accordance with the terms of the ordinance f~m'~--~'~--. The Cib/'s actual costs for fabricating the street name sign assemblies (inclusive of material costs) with the name street name approved by the city council, and includinq the field installation cost, will be paid by the applicant for the street renaminq proposal. This cost, following its detem~ination by the City Traffic Enclineer, must be deposited with the City prior to work commencinq on fabrication and replacement of the street name si.clns. If the street renaminq application is denied, neither the aforementioned "research fee" nor "processinq fee" will be refunded to the applicant. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~EG-DIR\Shared~J EAN NIE\Sec49-1 RevisedOrd2.wpd Page 1 of 5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 49 - STREETS AND SIDEWALKS, SECTION 49-1 -- PROCEDURE FOR NAMING, RE-NAMING OR CHANGING NAMES OF STREETS BY REPLACING CURRENT PROCEDURES WITH NEW PROCEDURES AND FEES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section 49-1 -- Procedure for Naming, Re-Naming or Changing Names of Streets is amended by replacing Current Procedures with New Procedures and Fees to read as follows: "CHAPTER 49 - STREETS AND SIDEWALKS "Article I IN GENERAL "Sec. 49-1. Procedure for naming, renaming or changing names of streets. "The followinq procedure is hereby established for the naming, renaming or chanqinq of names of streets, reads and highways within the City: (1) Persons who reside on or own property that has a street address on any street, road or highway within the City who desire to have the City Council exercise its powers of fixinq or chanqinq the name of said street, road or hiqhway may file a request with the City Secretary in writing. (2) The request shall contain an accurate description of the street, read or highway, or portion thereof, and the name or names involved, so as to identify the location. (3) Attached to the request shall be a narrative explaining the backqround and intended iustification for the proposed street renaming. (4) Upon receipt of the request, and attached background and iustification, the City Secretary and City Traffic Engineer shall jointly verify whether the proposed street renaming complies with the City Council policy for proposed street name changes. Upon determination that the proposed street renaminq complies with the City Council policy, the City Secretary shall notify the applicant to submit an official application with the City Secretary in writing, directed to the City Council. Upon determination that the proposed street renaming does not comply with the City Council policy, the City Secretary will notify H:~LEG-DIR~Shared~J EAN NIE\Sec49-1 RevisedOrd3.wpd Page 2 of 5 the City Council of the request and of the determination that it does not satisfy the Council policy. Unless otherwise directed by a maiority of the Council by the end of the next Council meetinq after notification, the City Secretary will notify the applicant of the denial and the reasons for the denial. (5) The application shall be on a form supplied by the City Secretary and shall contain all information requested. A "research fee" of five hundred dollars ($500.00) shall accompany the application. The "research fee" shall cover the City staff's cost for a thorough research of the street renaminq application includinq: preparation of a detailed site map of the affected street section, current development and number of affected properties; identification of all affected property owners, tenants, and their mailing addresses; preparation of a required survey form for contacting the affected property owners; and identification of a "processinq fee" commensurate with the total cost of the following: City Secretary's cost of mailinq the survey forms to all affected property owners, City staff's cost of compilinq responses to mailed survey, and City Secretary's cost of publishinq a notice for a public hearing by the City Council and mailing written notice to all affected property ownem and tenants ~ Survey Process. Upon applicant's receipt of written notice from the City Traffic En.qineer specifying the "processinq fee" described in section 5.d, the applicant must, within ten (10) working days following receipt of the notice, deposit with the City Secretary the amount of the "processinq fee". Followinq receipt of the "processinq fee" within the prescribed period, the City Secretary shall inform the City Traffic Engineer to proceed with the required survey of affected property owners. The survey will be conducted and analyzed with the followinq procedure: The City Traffic Enqineer will mail the survey to affected proper'e/ownem within ten (10) working days following deposit of the applicants "processing fee" with the City Secretary; H:~LEG-DIR\Shared~JEAN NIE\Sec49-1 RevisedOrd3.wpd Page 3 of 5 Property owners will be given fifteen (15) working days from the date of the mailed notice to respond to the survey; Upon receipt of survey forms received within the prescribed period, the City Traffic Engineer will determine the number of property owners in support of the proposed street renaming. Property owners who do not respond or whose responses are received after the prescribed period will be classified as not supporting the proposed street renamin(~; If 50% or ',ess than 75% of the total surveyed property owners support the proposed street renaming, the applicant will be notified within twenty (20) working days that the application has been denied and shall be provided with a summary of the survey results; If 75% or more t~tan-SeS~of the total survey property owners support the proposed street renaminq, the applicant will be notified of the survey results within twenty (20) workinq days of the completed survey. Within the prescribed twenty (20) day period the City Traffic Engineer shall in writing request the following officials, committees and organizations to comment in writing on the proposed street renaming: } Director of Enqineering Services } City Utilities Office Manaqer } Director of Planning } City Landmark Commission } Police Chief } Nueces County Historical Society } Fire Chief } Nueces County Historical Commission } Postmaster Upon the City Traffic Enqineers completion of survey results and requested comments from the officials identified in subsection 6.e above, the city Manager shall set a date for a public hearing by the City Council. Upon setting the date, notice of the hearing shall be published by the City Secretary, and written notice mailed, at least ten (10) workinq days in advance of the date set for public hearing, to property owners and tenants whose residence or place of business is on the street, road or hiqhway affected. City Council Public Hearinq. On the date set for public hearing, the hearing shall be held by the City Council and decision made or the Council shall continue the matter to another date. At least a three-fourth (3/4)-majority H:~EG*DIR~SharedLIEANNIE\Sec49-1 RevisedOrd3.wpd Page 4 of 5 vote of the City Council shall be required to approve the proposed street renaming. Upon approval by the City Council of any street name change, a copy of the ordinance making the change shall be furnished by the City Secretary to each of the aforementioned officials, committees and organizations and the City Traffic Engineer shall cause street name signs to be placed on the affected street in accordance with the terms of the ordinance. No cost will be charged to the applicant or affected property owners or residents for the City's cost to fabricate and install the new street name siqns. If the street renaming application is denied, neither the aforementioned "research fee" nor "processing fee" will be refunded to the applicant. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR\Shared~JEANNIE\Sec49-1 RevisedOrd3.wpd T T 23 CITY COUNCIL AGENDA MEMORANDUM ITEM: Amending Resolution No. 021901 adopting Policies and General Rules and Procedures of the City Council regarding the policy for naming of streets. ISSUE: The current policy states that the Council declines to change the name of streets in the City of Corpus Christi except under unusual, extenuating circumstances. On September 25, 2001, the City Council approved on first reading an ordinance governing the renaming of streets. The process calls for written requests for renaming of streets to be submitted to the City Secretary, At that point, the City Secretary and the City Traffic Engineer are to jointly verify whether the proposed renaming complies with the City Council Policy. If it is determined that the request does comply with the City Council Policy, the applicants will be asked to submit an official application. If it is determined that the request does not comply with the policy, the City Secretary is to inform the Council of the request and that it does not comply with their policy. Unless otherwise notified by the City Council by the end of the next Council meeting, the City Secretary will notify the applicant of the denial. The current council policy may not be specific enough for the City Secretary and the City Traffic engineer to determine eligibility. It is therefore recommended that a more specific policy be considered by the Council. Listed under Attachment "A" is one possible set of criteria. REQUIRED COUNCIL ACTION: Revisions to the City Council Policies and General Rules and Procedures must have City Council approval. FUTURE COUNCIL ACTION: Consideration of any future street renaming requests. RECOMMENDATION: That the City Council consider changing the current Council Policy regarding street renaming./~'~"~ - _ , Armando Chapa City Secretary David Seiler City Traffic Engineer Attachment A: Current Policy Proposed Revision ATTACHMENT"A" CURRENTPOLICY Resolution No. 021901, Section 7, states 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 cimumstances. PROPOSED REVISION: The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. In any case, the Council declines to rename any street: a) b) c) d) that is a currently "named" functionally classified arterial through street as listed in Code of Ordinances, Section 53-250; for a person not deceased; that would create disruption or discontinuity to the name of a longer section street; that is reflected on the 1852 Plan of Corpus Christi, or for a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years; Not included in the above is any proposed renaming to a street, initiated by the City Traffic Engineer for the purposes of street network clarification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e.g., F.M. XXXX or C.R. XX) Note: Item 'd' was specifically requested by the Landmark Commission. RESOLUTION AMENDING RESOLUTION NO. 021901 ADOPTING POLICIES AND GENERAL RULES AND PROCEDURES OF THE CITY COUNCIL REGARDING THE POLICY FOR NAMING OF STREETS WHEREAS, in Resolution No. 021901, the City Council established a policy of declining to change the names of streets in the City of Corpus Christi except under unusual, extenuating circumstances; and WHEREAS, the City Council desires to amend this policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Council Policy 7. Naming of streets, is amended to read as follows: 7. Naming of streets. The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. b. In any case, the City Council declines to rename any street: 1) 2) 3) 4) that is a currently "named" functional classified arterial through street as listed in the Code of Ordinances, Section 53-250; for a person not deceased: that would create disruption or discontinuity to the name of a longer section street; or that is reflected on the 1852 Plan of Corpus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. Not included in 7a or 7b is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clarification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e. g. F.M. xxxx or C.R. xx). 24 AGENDA MEMORANDUM DATE: October 2, 2001 SUBJECT: Women, Infants, and Children (WIC) Program AGENDA ITEM: Motion authorizing the City Manager or his designee to enter into a three month agreement with the Texas Department of Health in the amount of $143,573 providing for the Bureau of Clinical and Nutritional Services to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 2001 through December 31, 2001. B. Appropriating a letter of intent from the Texas Department of Health in the amount of $143,573 in the No. 1050 federal/state grant fund to fund nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk; and declaring an emergency. ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of Health (TDH) provides funding for supplemental food vouchers, nutrition education, and immunizations at no cost to low income pregnant and postpartum xvomen, infants, and children. Services are performed in accordance with the terms and specifications of the TDH and/or the United States Department of Agriculture (USDA). Based on reimbursement for each participant and immunizations given, the attached budget reflects the operational needs of the WIC program for October 1, 2001 through December 31, 2001. REQUIRED COUNCIL ACTION: Authorize appropriation of funds for WlC services. RECOMMENDATION: Staff recommends that the motion and ordinance be approved to provide a continuation of nutritional and immunization services to low income women, infants, and children. Nina M. Sisley, M.D., I~I.P.H. Director of Public Health CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT WIC PROJECT 38 OPERATING BUDGET FY 2002, FIRST QUARTER DESCRIPTION AMOUNT (3 MONTHS) SALARIES $82,268 OVERTIME $7,256 RETIREMENT $15,129 OVERTIME RETIREMENT $1,425 CHEMICAL & HOUSEHOLD $250 BOOKS & PERIODICALS $100 FOOD & FOOD SUPPLIES $50 MEDICAL SUPPLIES $500 M1NOR COMPUTER EQUIPMENT $88 MINOR OFFICE EQUIPMENT $75 OFFICE SUPPLIES $1,000 MAINTENANCE MATERIAL $150 PROFESSIONAL SERVICES $500 RECREATION SUPPLIES/EQUIP. $50 LIGHT, HEAT, POWER $2,500 POSTAGE/FREIGI-rr $325 RENTAL/LrNIFORM $225 TEMPORARY SERVICE $1,250 RENTAL/BEEPER $750 CAR ALLOWANCE $375 TELEPHONE $2,000 BUILDING MAINTENANCE $1,500 EQUIPMENT MAINTENANCE $125 MEMBERSHIP DUES $50 TRAINING/TRAVEL $425 PRINT/COPIES-CITY $25 REIM. CITY- IN-KIND $15,324 TRANS. TO INS. FD 138/GRP. INS $8,457 TRANS. TO INS. FD 139/SELF. INS. $1,401 TOTAL $143,573 561851?295 09/28/2001 FRI 03:06 FAX 3618517295 CCNCPHD TDH Texas Department of Health Charl~ E. BcJul, M.D. http://w~w, tdl~.stale.tx.u$ ~ 001/001 September 27, 2001 Mr. Roger Barker Health Department Administrator Corpus Christi-Nueces County Public Health District 1702 Home Road Corpus Christi, Texas 78416 Dear Mr. Barker: As you requested, this is your official notification that the Special Supplemental Nutrition Program for Women, Infants and Chil0ren (WIC) intends to contract with the Corpus Chdsti-Nueces County Public Health District, WIC Local Agency/¢35, in fiscal year 2002 for the provision of WIC services to eligible residents of Nueces County. Once we have agreed upon the timeframe for the ~ontract it will be sent to you at a later date and under separate cover. We look forward to meeting with the individuals involved in the negotiation of you r contract as soon as possible in order to ensure that WIC services continue without interruption for participants currently served by your agenc~s WIC program, If you have any questions or require additional information, please contact Ms. Deborah W. Brookshire, Bureau of Nutrition Services, at 512-458-7111, exL 3454. You may also contact Mr. Joe Serrano, Bureau of Nutrition Services at 5t 2-458-7641. Sincerely, Gerald O. Cannaday, Jr. fl' [ ' Chief, Bureau of Nutrition Serwce' ~s -- An Equal Employm¢ot Oppo~unity E~zqgloyer ! Tr ORDINANCE APPROPRIATING $143,573 FROM TEXAS DEPARTMENT OF HEALTH IN THE NO. 1050 FEDERAL/STATE GRANT FUND TO FUND NUTRITION EDUCATION, INDIVIDUAL COUNSELING, IMMUNIZATION SERVICES AND TO DISTRIBUTE FOOD VOUCHERS AT NO COST TO INDIVIDUALS IDENTIFIED AS HAVING NUTRITIONAL DEFICIENCIES AND/OR NUTRITIONAL RISK; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $143,573 is appropriated from the Texas Department of Health in the No. 1050 Federal/State Grant Fund to fund nutrition education, individual counseling, immunization services and to distribute food vouchers at no costs to individuals identified as having nutritional deficiencies and/or nutritional risk. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) f'mds 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 ttfis 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 APPROVED ~ ~ James R. Bray, Jr. City Attorney By: 'i ..A~'~ ~ Lisa Aguilar O Assistant City Attorney ,2001 Samuel L. Neal, Jr., Mayor 25 l" CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: October 9, 2001 SUBJECT: FY2001 2002 Weed and Seed Program Grants AGENDA ITEM: ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed & Seed Program from the U.S. Department of Justice (DO J). ITEM B: Ordinance Appropriating $225,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants fund for continued support of the Weed and Seed Program, Site II West, for FY 2001-2002; and declaring an emergency. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. PRIOR COUNCIL ACTION: For the past six years, Council has granted authorization to accept and appropriate the Department of Justice funds for the Weed & Seed Program. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2001 to 07/31/2002. ITEM B: City Council is required to appropriate $225,000 in Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2001 to 07/31/2002. Recommendation: ITEM A. Staff recommends acceptance of a renewal grant award in the amount of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program from the U.S. Department of Justice. ITEM B. Staff recommends appropriation of a renewal grant award in the amount of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program from the U.S. Department of Justice. Future City Council Action: None Marco A. Cisneros, Director Park and Recreation Department BackRround Information: Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. City Council reorganized the Weed and Seed Steering Committee and appointed additional neighborhood representatives, bringing the committee up to twelve. The Executive Office for Weed and Seed directed The City of Corpus Christi to separate their two sites for funding and recognition. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has requested funding. Site II has $225,000 of available funds from the Department of Justice. Site II West because of a special initiative, must use $25,000 towards Neighborhood Restoration/Economic Development issues, $25,000 for anti- drug / alcohol abuse, $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. There were 32 Requests for Proposals submitted and 7 agencies were selected to be funded. The amount of funds to be distributed for Subgranting by DOJ for Site II West thru the Weed and Seed Steering Committee was $102,064.00.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. The Weed and Seed Program is still pending notification and approval of funds for their Corpus Christi Site I North from the Department of Justice. It is anticipated that Site I North will receive $175,000 from the DOJ. We must use $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. The amount of funds to be distributed for Subgranting by DOJ for Site I North thru the Weed and Seed Steering Committee will be $56,574.00. Notice requesting proposals for programs for the target areas were posted in the Caller Times in May 2001. Pre-proposal meetings were held at City Hall basement training room on May 23r" & 25th, 2001. As a result a total of 32 proposals were received totaling $570,767.00. Copies of all proposals were given to the Steering Committee for review. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on June 20, 2001. They met again on June 21, 2001 to vote on and select FY01/02 funded agencies. They selected the 7 agencies to be funded. Ten voting members of the Steering Committee were present and scored their proposals. The committee than listed the top 20 rated proposals. The Steering Committee evaluated our required funding for Neighborhood Restoration/Economic Development / Alcohol and Drug Abuse and Safe Haven funding. As a final result of their review they recommended funding on 7 proposals: Code Enforcement & Community Policing for $12,500, Boys and Girls Club of Corpus Christi for $20,000, Park and Recreation Summer Swim Program for $20,000, Park and Recreation, Transportation Program for $7,064, Calvary Tabernacle, Inc. for $25,000, Fighting To Rid Gangs Foundation for $12,500, and Buccaneer Little League for $5,000. U.S. Depar~nent of Justice Office of Justice Programs Office of the Assistant Attorney General August 14, 2001 Mr. David R. Garcia City of Co~.~ Chrsfi PO Box 9277 1201 Leopard, City Hall Corpus Christi, TX 78469-9277 Dear Mr. Garcia: I am pleased to inform you that the Office o f Justice Programs has approved the application for 0anding under the Weed and Seed FY 2001 Continuation Application Kit in the amount of $225,000 for City of Corpus Christi. 'l'nis Award will enable you to support activities within your Weed and Seed designated area. Enclosed you will find thc Grant Award and Special Conditions docmnems. This award is subject to ail administrative and financial requirement.s, including the timely submission of all financial and progammatic repons, resolution of all interim audit findings, and the maintenance ora minimum level of cash-on-hand. Should you not adhere to these ~equirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action aa appropriate. .ffyou have questions ~egatding this award, please contact: - Program Questions, Robert Hendricks. Program Manager at (202) 305-1909;, and - Financial Questions. the Office of the Comptroller. Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC ala~koc~ojp.usdoj, gov. Congratulations, and we look forward to working with you. Sincerely, Ma~/Lou Lea~/ Acting A~sistant Attorney General ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF JL-STICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1050 FEDERAL'STATE GRANTS FUND FOR CONTINUED SUPPORT OF THE VgEKD ANl) SEED PROGRAM, SITE II WEST, FOR FY2001-2002; AND DECLARkNG AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,000 from the U.S. Department of Justice. 2~ffice of Justice Programs, is appropriated in the No. 1050 Federal/State Grants Fund for cominmd support of the Weed and Seed Program. Site II West, for FY 2001-2002. SECTION 2. That upon written request of the Mayor or five Counc-_ members, copy attached, the City Council (1) finds and declares an emergency due to the ne~ for immediate action necessary for the efficient and effective administration of City affairs anc ~ 2) suspends the Charter rule that requires consideration of and voting upon ordinances at two _-~_gular meetings so that this ordinance is passed and takes effect upon first reading as an emergmcy measure this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary. Samuel L. Neal. Jr. Mayor LEGAL FORM APPROVED,~nl-. ~ JAMES R. BRAY, JR. '- ~' CITY ATTORNEY ,2001; By: Lisa Aguilar Assistant City Attorney 26 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: October 9, 2001 SUBJECT: FY2001 / 2002 Weed and Seed Program Grants AGENDAITEM: Item A. Motion authorizing the City Manager or his designee to execute an agreement with the City of Corpus Christi Housing & Community Development, Code Enforcement & Community Policing Division to provide $12,500 from the FY01/02 Weed and Seed Program to implement emergency board up of vacant buildings with illegal activity. Item B. Motion authorizing the City Manager or his designee to execute an agreement with The Boys and Girls Club of Corpus Christi to provide $20,000 from the FY01/02 Weed and Seed Program to implement after school and weekend alternative activities with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. Item C. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000 from the FY01/02 Weed and Seed Program to implement a free Summer Swim Program at the Joe Garza Community Pool. Item D. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $7,064 from the FY01/02 Weed and Seed Program to implement a Summer Transportation Program for recreational opportunities to youth, teens, and young adults at non-traditional times. It is intended to provide transportation and entry fees for some field trips during the summer. Item E. Motion authorizing the City Manager or his designee to execute an agreement with the Calvary Tabernacle, lnc to provide $25,000 from the FY01/02 Weed and Seed Program to implement a SeedTech Computer Center. The program is to provide the community with job and social opportunities to help achieve their goals. They will help people locate better jobs at a higher pay scale, which will impact the economic development of their neighborhood. Item F. Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $12,500.00 from the FY01/02 Weed and Seed Program to provide after school alternative activities to include implementing a Leadership Enhancement and Achievement Development Program. Item G. Motion authorizing the City Manager or his designee to execute an agreement with Buccaneer Little League to provide $5,000.00 from the FY01/02 Weed and Seed Program to improve and enhance a Little League Youth Sports Baseball program. Prior City Council Action: The City Council, on September 12, 2000, appropriated a $350,000 Weed and Seed FYO0-01 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. Required City Council Action: Authorization to execute agreements. Future City Council Action: Acceptance and Appropriation of Site I North grant and programs. Backqround Information: Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. City Council reorganized the Weed and Seed Steering Committee and appointed additiona~ neighborhood representatives, bringing the committee up to twelve. The Executive Office for Weed and Seed directed The City of Corpus Christi to separate their two sites for funding and recognition. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has funding. Site II has $225,000 of available funds from the Department of Justice. Site ~1 West because of a special initiative, must use $25,000 towards Neighborhood Restoration/Economic Development issues, $25,000 for anti-drug / alcohol abuse, $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. There were 32 Requests for Proposals submitted and 7 agencies for Site II were selected to be funded. The amount of funds to be distributed for Subgranting by DOJ for Site II West thru the Weed and Seed Steering Committee for Site II was $102,064.00.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. The Weed and Seed Program is still pending notification and approval of funds for their Corpus Christi Site I North from the Department of Justice. It is anticipated that Site I North will receive $175,000 from the DOJ. We must use $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. The amount of funds to be distributed for Subgranting by DOJ for Site I North thru the Weed and Seed Steering Committee will be $56,574.00. Notice requesting proposals for programs for the target areas were posted in the Caller Times in May 2001. Pre-proposal meetings were held at City Hall basement training room on May 23'd & 25'~, 2001. As a result a total of 32 proposals were received totaling $570,767.00. Copies of all proposals were given to the Steering Committee for review. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on June 20, 2001. They met again on June 21, 2001 to vote on and select FY01/02 funded agencies. They selected the 7 agencies to be funded. Ten voting members of the Steering Committee were present and scored their proposals. The committee than listed the top 20 rated proposals. The Steering Committee evaluated our required funding for Neighborhood Restoration/Economic Development / Alcohol and Drug Abuse and Safe Haven funding. As a final result of their review they recommended funding for Site II West on 7 proposals: Code Enforcement & Community Policing for $12,500, Boys and Girls Club of Corpus Christi for $20,000, Park and Recreation Summer Swim Program for $20,000, Park and Recreation, Transportation Program for $7,064, Calvary Tabernacle, Inc. for $25,000, Fighting To Rid Gangs Foundation for $12,500 and Buccaneer Little League for $5,000, RECOMMENDATION: Weed & Seed Steering Committee recommends that the City Council authorizes the City Manager or his designee to execute the agreements. Attachments Contract / Subrecipient Summary Marco A. Cisneros, Director Park and Recreation Department Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program City of Corpus Christi Housing & Community Development, Code Enforcement & Community Policing Division August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $12,500 to City of Corpus Christi Housing & Community Development, Code Enforcement & Community Policing Division, for emergency board up of vacant buildings with illegal activity. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM CODE ENFORCEMENT 01-02.DOC Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Boys and Girls Club of Corpus Christi, Inc August 1, 2001 to July 30, 2002 The City of Corpus Christi Weed and Seed Program will provide $20,000 to provide after school and weekend alternative activities with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment VouchedReport for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM B&G 01-02.DOC Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department Joe Garza Pool Program August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $20,000 to City of Corpus Christi Park and Recreation Department, Joe Garza Pool Program, for free swim recreational opportunities to youth, teens, and young adults. The program includes free swimming lessons and life guard training during the summer. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM P&R TRANSPORTATION 01-02.DOC Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department Summer Transportation Program August 1,2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $7,064 to City of Corpus Christi Park and Recreation Department, Summer Transportation Program, for recreational opportunities to youth, teens, and young adults at non- traditional times. The program is intended to provide transportation and entry fees for some field trips during the summer. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment VouchedReport for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM P&R TRANSPORTATION WEST 01-02 DOC Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Calvary Tabernacle, Inc August 1,2001 to July 30, 2002 The City of Corpus Christi Weed and Seed Program will provide $25,000 to establish a SEEDTECH Center at Calvary Tabernacle. The Center will benefit the local residents of all ages. The objective is to provide the community with job and social opportunities to help them achieve their goals. We want to help people locate better jobs at a higher pay scale. We hope it will be a center that youth will want to come and do their homework. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM CALVARY 01-02.DOC Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Fighting To Rid Gangs In America Foundation August 1, 2001 to July 30, 2002 The City of Corpus Christi Weed and Seed Program will provide $12,500 to provide after school and weekend alternative activities at Fighting To Rid Gangs In America Foundation, with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. The training will include music, art and entrepreneurial development. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM B&G 01-02.DOC Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Buccaneer Little League August 1, 2001 to July 30, 2002 The City of Corpus Christi Weed and Seed Program will provide $5,000 to Buccaneer Little League. This is to be used to provide liability insurance, Charter for league, children's registration and uniforms. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM METRO MIN 01-02.DOC 27 CITY COUNCIL AGENDA MEMORANDUM October 9, 2001 AGENDA ITEM: An Ordinance amending the Code of Ordinances, City of Corpus Christi, by adding Section 55-159.1 to Article XII, Water Conservation, of Chapter 55, Utilities, to establish procedures for distributing water to raw water or wholesale treated water customers on a pro rata basis during a water shortage; providing for penalties; providing for severance; providing for publication; and declaring an emergency. ISSUE: Recently, the TNRCC reviewed the City's 1999 water conservation and drought contingency plan and the City's March 2001 ordinance amending the Agreed Order to determine if the documents meet all of the minimum requirements as set forth in the TNRCC Rules, Title 30 Texas Administrative Code, Chapter 288. The TNRCC stated that before the plan can be declared administratively complete, the following minimum requirements must be included to address wholesale water customers within the plan: The drought contingency plan shall include the specific water supply or demand management measure to be implemented during each stage of the plan including, but not limited to, the following: pro rata curtailment of water deliveries to or diversions by wholesale water customers as provided in Texas Water Code, {}11.039. The drought contingency plan shall include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. The drought contingency plan shall include procedures for granting variances to the plan. REQUIRED COUNCIL ACTION: In order to declare the drought contingency plan administratively complete, the City of Corpus Christi must submit the officially adopted plan, with the above listed requirements, to TNRCC not later than October 17, 2001. The attached ordinance addresses the allocation of water, enforcement, and variances to the City's raw water or wholesale treated water customers. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the ordinance. Eduardo Gar~ha, P E. Water Superintendent AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING SECTION 55-159.1 TO ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO ESTABLISH PROCEDURES FOR DISTRIBUTING WATER TO RAW WATER OR WHOLESALE TREATED WATER CUSTOMERS ON A PRO RATA BASIS DURING A WATER SHORTAGE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article Xll of Chapter 55 Code of Ordinances is amended by adding a new Section 55-159.1 to read as follows: ARTICLE Xll, WATER CONSERVATION Sec. 55-159.1. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) Method of allocating water. In the event that the levels in the Lake Co~pus Christi/Choke Canyon Reservoir system are below 15% of the combined reservoir capacity, the City Manager may initiate allocation of water supplies to few water and wholesale treated water customers on a pre rata basis under Texas Water Code Section 11.039 and the following water allocation policies and procedures: (1) A few water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolulion of the City Coundl based on the City Manager's assessment of the sevedty of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the City Council as conditions warrant. Once pre rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale teated water customer shall be limited to the allocation established for each month, (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The few water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five year pedod, as shown in the example given below. If the raw water or wholesale teated water customer's billing history is less than live years, the monthly average for the pedod for which there is a record shall be used for any monthly period for which no billing history exists. R13752A1 'r 1996 t997 1998 1999 2000 SUM AVE Al I O~ATION MONTHLY ~LOCATION Jan 133 137 146 148 156 720 144 0.75 10~ Feb 115 122 133 133 147 ~50 130 0.75 ~ March 130 150 146 149 159 1370 148.8 0.75 110.1 April 130 167 168 157 187 ~9 161,8 0.75 121.35 Ma), 160 152 179 183 171 ~45 169 0.75 126.75 June 226 184 172 205 249 1654 207.2 0.75 155.4 Jul), 235 274 232 314 246 1301 260.2 0.75 195.15 Au~ 222 203 ~06 337 309 1277 255.4 0.75 191.55 Sept 199 160 196 229 198 2578 196.4 0.75 147.3 Oct 165 172 197 165 185 ~ 176.0 0.75 132.6 Nov 139 142 149 155 162 747 149.4 0.75 112.05 Dec t42 143 150 156 165 1631 151.2 0.75 113.4 Total 1996 2006 ~074 2331 2334 2018.2 (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Natural Resource Conservation Commission upon initiation of pm rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated pedod does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Chdsti. (b) Enforcement. During any period when pm rata allocation of available water supplies is in effect, raw water or wholesale treated water customers shall pay the following sumharges on excess water diversions and/or deliveries: (1) One and a quarter (1.25) times the normal water charge per acre-foot for water diversions or deliveries in excess of the monthly allocation up through ten percent above the monthly allocation. R13752A1 T 3 (2) Two (2) times the normal water charge per acre-foot for water diversions and/or deliveries more than ten percent above the monthly allocation. (3) The above sumharges shall be cumulative. (c) Variances. (1) The City Manager, or the City Manager's, may, in writing, grant a temporary vadance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such vadance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one or more of the following conditions are met: a. Compliance with the Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. b. Altemative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petiboner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. c. Description of the relief requested. d. Period of time for which the vadance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. 4 c. No vadance shall be retroactive or othenNise justify any violation of this section occurring pdor to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the City under any contract with a raw water or wholesale treated water customer due to the customers failure to adopt or impose water conservation measures required by the contract. 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-155 of the City Code of Ordinances, as adopted by Section 2 of this ordinance. SECTION 4. 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 5. 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 APPROVED: This __ day of James R. Bray, City Attorney By: R. Jay Reining First Assistant City Attorney Samuel L. Neal, Jr. Mayor ,2001: R13752.A1 Notes and Comments