HomeMy WebLinkAboutAgenda Packet City Council - 01/15/2002CITY
COUNCIL
AGENDA
City of
Corpus
Christi
January 15, 2002
12:00 p.m. - Joint Luncheon Meeting between the City Council and the Convention and Visitor's Bureau
to receive a quarterly update and to discuss matters related to tourism. (Basement Training Room)
:45 p.m. Swearing-in ceremony newly appointed Board, Committee and Commission Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 15, 2002
1:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espar~ol en todas las juntas del
Concillo para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Les Chaney, Lexington Baptist Church.
C. Pledge of Allegiance to the Flag to 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 Jesse Noyola
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.__
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of January 8, 2002. (Attachment # 1)
Agenda
Regular Council Meeting
Janua~ 15,2002
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
ratherthan 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 er a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving the purchase of four portable
defibrillatodmonitors from Medtronic Physio-Control Corporation,
Redmond, WA, based on sole source for a total amount of
$51,020.80. The defibrillator/monitors will be used by EMS
Division and are budgeted in FY2001-2002. (Attachment # 2)
Motion approving a supply agreement with Skaggs Public Safety,
San Antonio, Texas, for work uniforms which include
approximately 2,128 work pants, 2,917 work shirts, 71 coveralls,
1,290 "T"-shirts, 670 jersey knit shirts, 2,130 denim jeans, and
300 jackets, in accordance with Bid Invitation No. BI-0003-02
based on Iow bid for an estimated annual expenditure of
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
Janua~ 15,2002
Page 3
$118,202.50. The term of the contract shall be for twelve months
with an option to extend for up to two additional twelve month
periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the
using departments in FY2001-2002. (Attachment # 3)
Motion approving supply agreements with the following
companies for the following amounts in accordance with Coastal
Bend Council of Governments Bid Invitation No. CBCOG-02-01
for food items which include canned and frozen fruit and
vegetables, meats and condiments for an estimated six month
expenditure of $99,919.92 based on the recommended award
submitted by the Coastal Bend Council of Governments. The
terms of the contracts shall be for six months with an option to
extend for up to three additional months, subject to the approval
of the Coastal Bend Council of Govemments, the suppliers and
the City Manageror his designee. Funds have been budgeted by
Senior Community Services in FY2001-2002. (Attachment # 4)
Ben E. Keith LaBatt Food Service
San Antonio, Texas Corpus Christi, Texas
21 Items 55 Items
$17,490.09 $25,416.68
Lance, Inc.
Charlo~e, No~h Carolina
1 Item
$161.66
PFG
Corpus Christi, Texas
Sysco Food Service
San Antonio, Texas
40 Items 49 Items
$43,157.12 $13,694.37
Grand Total: $99,919.92
Motion authorizing the City Manager or his designee to execute
an engineering services agreement in the amount of $80,610 with
Jim Lontos, P.E. for project management services for the Bond
Issue 2000 Street Improvement Projects. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to an engineering services agreement in the
amount of $55,000 with Goldston Engineering, Inc., for project
management services for the Bond Issue 2000 Street
Improvements Project. (Attachment # 6)
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PRIORITY ISSUES
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Agenda
Regular Council Meeting
Janua~ 15,2002
Page 4
10.
11.
12.
13.
Motion authorizing the City Manager or his designee to execute
an amendment to the contract for engineering services
agreement with Shiner Moseley and Associates, in the amount of
$87,700 for the Corpus Christi Ship Channel/Art Museum
Bulkhead replacement. (Attachment # 7)
Motion approving the sale of City property known as Lots 20 and
21, Block 4, Gulfway-Aidine Park, Unit 1, located at the corner of
Williams and Braeswood Drive for $100 and other bid
requirements received by sealed bid and authorizing the City
Manager or his designee to execute a Special Warranty Deed for
the sale and conveyance of the subject property. (Attachment #
8)
Motion authorizing the City Manager or his designee to execute
an agreement with the Corpus Christi Downtown Management
Distdct in the amount of $80,073 for assistance in downtown
development and redevelopment activities. (Attachment # 9)
Motion accepting recommendation of City Engineer to ratify
award of the construction contract by the Corpus Christi Tennis
Association to Barcom Commercial, Inc. for Tennis Center
Project. (Attachment # 10)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute Amendment No. 1 to the lease between
Bayfest, Inc. and the City of Corpus Christi, authorized on March
21, 2000, by Ordinance No. 023972, to adjust the amount
payable for police services and to add a late payment fee.
(Attachment # 11)
Second Reading Ordinance - Approving the FY2002 Capital
Budget in the amount of $152,674,800. (First Reading - 1/8/02)
(Attachment # 12)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 1201-01, Glenn E. Lyons: A change of zoning from a
"R-2" Multiple Dwelling District to an "AB" Professional Office
District on Tract 1 and "B-4" General Business District on Tract 2
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Regular Council Meeting
Janua~ 15,2002
Page 5
14.
on Flour Bluff and Encinal Farm and Garden Tracts, Section 13,
7.89 acres out of Lots 18 and 19, located south of Williams Drive
and east of South Staples Street. (Tabled 1-8-02) (Attachment
# 13)
Planning Commission's and StafFs Recommendation: Approval
of an "AB" District on Tract 1 and "B-4" District on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Glenn E.
Lyons by changing the zoning map in reference to 7.89 acres out
of Lots 18 and 19, Section 13, Flour Bluff and Encinal Farm and
Garden Tracts, from "R-2" Multiple Dwelling District to "AB"
Professional Office Distdct on Tract 1 and "B-4" General Business
Distdct on Tract 2; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
Case No. 1201-02, Glenn E. Lyons: A change of zoning from a
"R-2" Multiple Dwelling District to an "AB" Professional Office
District on Tract 1 and "B-4" General Business District on Tract 2
Flour Bluff and Encinal Farm and Garden Tracts, Section 13,
7.598 acres out of Lots 18 and 19, located south of Williams
Drive and east of South Staples Street. (Tabled 1-8-02)
(Attachment # 14)
Planninq Commission's and StafFs Recommendation: Approval
of the "AB" District on Tract 1 and "B-4" District on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Glenn E.
Lyons by changing the zoning map in reference to 7.598 acres
out of Lots 18 and 19, Section 13, Flour Bluff and Encinal Farm
and Garden Tracts, from "R-2" Multiple Dwelling District to "AB"
Professional Office District on Tract 1 and "B-4" General Business
District on Tract 2; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
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PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
Janua~ 15,2002
Page 6
DUNE PROTECTION AND BEACH ACCESS PLAN:
15.
First Reading Ordinance -Amending City of Corpus Christi, Texas
Dune Protection and Beach Access Plan, an element of the City
of Corpus Christi Comprehensive Plan, by revising the provisions
relating to beach user fees. (Attachment # 15)
J. PRESENTATIONS: (NONE)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
16.a.
First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 38, Peddlers, Vendors, Itinerant
Merchants and Solicitors, regarding park and beach vendors;
providing for penalties. (Attachment # 16)
16.b.
First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 10, Beachfront Management and
Construction, regarding animal control, beach festivals, beach
vendors, bonfires and campfires, camping, glass containers,
operating vessels in surf, and traffic control on Gulf of Mexico
beaches; providing for penalties. (Attachment # 16)
16.c.
First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural
and Leisure Time Activities, regarding curfews and alcoholic
beverages in gulf beach parks; providing for penalties.
(Attachment # 16)
16.d.
First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 33, Offenses and Miscellaneous
Provisions, regarding curfews on beaches; providing for penalties.
(Attachment # 16)
17.a.
Motion to amend prior to Second Reading by substituting a new
revised Appendix VII which designates the beach fee areas.
(Attachment # 17)
17.b.
Second Reading Ordinance- Amending Ordinance No. 022164,
which adopted the City of Corpus Christi, Texas Dune Protection
and Beach Access Regulations, by revising Appendix VII,
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PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
Januaw 15,2002
Page 7
17.c.
17.d.
18.a.
18.b,
Designated Beach Fee Areas; providing for an effective date; and
providing for penalties. (First Reading 12/18/01)(Attachment #
17)
Motion to amend prior to Second Reading by (1) amending the
beach parking permit fee amendments to Subsection C of Section
10-86 by making those provisions consistent with the First
Reading Ordinance on this agenda which amends the Dune
Protection and Beach Access Plan; (2) providing that any fee
increase will not be effective until approved by the Texas General
Land Office (TxGLO); and (3) making changes to comply with
TxGLO requirements. (Attachment # 17)
Second Reading Ordinance - Amending Article VIII, Fees, of
Chapter 10, Beachfront Management and Construction, of the
Code of Ordinances, City of Corpus Christi; providing for an
effective date; and providing for penalties. (First Reading
12/18/01 ) (Attachment # 17)
Motion rescinding Motion No. 2001-471 approving an annexation
calendar and directing staff to prepare service plans and setting
annexation public hearing dates. (Attachment # 18)
Motion approving a revised annexation calendar and authorizing
staff to prepare service plans and schedule City Council public
hearings to consider annexation of approximately 519.32 acres
described as: (Attachment # 18)
Jones, Walter and GLO Beach Frontages: Publicly and
privately owned lands comprising approximately 44.16 acres and
9,6'18 feet of gulf beach frontage, from south most property line
of Padre Balli County Park to a point 500 feet south of the south
most property line of the Lawrence Jones property. The width of
the strip extends westward from the City Limit Line on the Gulf of
Mexico shoreline, being the 1.37-foot line above Mean Sea Level
based on U. S. G. S. and G. S. datum of 1929, to a point along
the vegetation line approximately 200 feet west of and generally
parallel to the 1.37-foot line above Mean Sea Level Gulf of
Mexico shoreline.
Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park)
comprising approximately 194.92 acres and 6,324 feet of gulf
beach frontage.
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Regular Council Meeting
January 15,2002
Page 8
Le
Packery Channel Park: Public and privately owned lands
comprising approximately 50.01 acres and including Nueces
County Park #2 (Packery Channel Park); and
Nueces County Land south of Mustang Island State Park :
Publicly owned (Nueces County) tract of land comprising 221.00
acres and 4,211 feet of gulf beach frontage generally surrounded
by the existing City Limits and out of the William Bryan Survey
606, between the east right-of-way line of State Highway 361 and
the existing City Limit line along the Gulf of Mexico shoreline,
being the 1.37-foot line abov~ Mean Sea Level based on U. S. G.
S. and G.S. datum of 1929.
Beach Front Property North of Zahn Road: Privately owned
tract of land comprising approximately 9.23 acres and 2,009.79
feet of gulf beach frontage abutting the City Limits on the Gulf of
Mexico shoreline, being the 1.37-foot line above Mean Sea Level
based on U. S. G. S. and G. S. datum of 1929, and extending
approximately 200 feet westward and, between County Owned
land and State Leased land at JP Luby Surf Park.
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 THF_
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEAS[::
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl&s-espa~ol en la reunion de la junta para ayudarle.
PER ClTY COUNClL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF.. COUNCIL MEMBERS. OR THE PUBLIC AT ANY
COUNCIL MEETING.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
January 15,2002
Page 9
19.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the fo/lowing matters. 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 office.
Executive session pursuant to Texas Government Code Section
551.071 regarding Kelly Lewis, Jr. v. City of Corpus Chdsti, No.
94-1650-C, 94th District Court, Nueces County, Texas, with
possible discussion and action related thereto in open session.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
20. CITY MANAGER'S REPORT
21.
22.
O.
* 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 2:30 p.m., January 11 ,2002.
City Secretary
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
Janua~ 15,2002
Page 10
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx, us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
2001-2002
CITY COUNCIL GOALS
AND
PRIORITY ISSUES
~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").
· Continue community involvement on issues such as Leopard Street improvements.
Privatization / Re-Engineering
· 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 Oppommities 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.
Paekerv Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfill
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including privatization.
Internet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-mail.
CDBG
· Continue active role.
Frost Bank Building
· Lease and complete renovation
Annexation Plan
· Implement current island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redistricting
· Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and determine date for approval
Council Action Items
· Staff completes action requests in a timely manner.
City / County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient 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 priori~_
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma ster Drainage Plan
Gm'wood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan tbr Inner City Improvements
Improve Permitting Process (online / customer service)
-- Padre Island Development Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
** Road Projects
Southside Traffic Plan
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
-F' T I .........
PRESENT
Mayor
Mayor
Samuel L. Neal Jr.
Pro Tem Jesse Noyola
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 8, 2002
2:00 p.m.
City Staff.'
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Council Member Scott and the Pledge of Allegiance to the United States flag was
led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the
necessary quorum of the Council and the required charter officers were present to conduct the
meeting. Mayor Neal called for approval of the minutes of the joint and regular Council meetings
of December 18, 2001. A motion was made and passed to approve the minutes as presented.
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Mechanical/Plumbing Advisory_ Bo*lrd
Patrick Scarpulla (Reappointed)
L.D. "Red" Akin
Mody Boatright
Daniel Graf
John Tucker Jr.
C.C. Business and Job Development Corn_ orati0n
Gail Hoffman
Electrical Advisory_ Bgard
Kyle Budd (Reappointed)
Ray Mims
Ernest Salazar Jr.
Weed and Seed Steering Commit~e~
Joel Mumphord
Mayor Neal called for consideration of the consent agenda (Items 3-15) and he asked that
Item 3 be discussed. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes and the following were passed:
Minutes - Regular Council Meeting
January 8, 2002
Page 2
4. M2002-002
Motion authorizing the City Manager or his designee to execute a construction contract with
King-Isles Inc. of Corpus Christi, Texas, in the amount of $41,400 for the Old Brownsville
Road sanitary sewer extension (Central Kitchen West Campus, Del Mar College).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. M2002-003
Motion authorizing the City Manager or his designee to execute a construction contract with
Haeber Roofing of Corpus Christi, Texas, in the amount of $32,218 for the Engineering
Annex and storage building re-roof FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. M2002-004
Motion authorizing the City Manager or his designee to execute a construction contract with
Rabalais I&E Constructors of Corpus Christi, Texas, in the amount of $3~256,190 for the
O.N. Stevens Water Treatment Plant chemical storage and feed system addition and upgrade
- Part 2.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2002-005
Motion authorizing the City Manager or his designee to acquire Pamel 8 from Ray Edward
Cox in connection with the minor storm drainage improvements along Jester Street, Project
No. 2106, requiring execution of a quit claim deed relinquishing any city rights to Boat Hole
Drive (aka Cove Drive) and Valerie Street, located on Lot 7, Section 56, Flour Bluff and
Encinal Fmrn and Garden Tracts and payment of $4,370.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2002-006
Motion authorizing the City Manager or his designee to execute a construction management
contract with Engineering & Construction Management Services Inc. of Corpus Christi, TX,
in an amount not to exceed $36,000 related to the nourishment of Corpus Christi Beach.
Minutes - Regular Council Meeting
January 8, 2002
Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. ORDINANCE NO, 024719
Ordinance approving Phoenix Demolition Inc.'s option to renew the "post-construction
lease" to allow the right of access for the removal of 126,000 cubic yards of sand from the
O.N. Stevens Water Treatment Plant for an additional twelve (I 2) months on the same terms
and conditions of said lease.
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."
9.a. M2002-007
Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend
Regional Advisory Council in the amount of $5,406.21 for the purchase of computer
equipment and software for the Corpus Christi Fire Department EMS Division.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. ORDINANCE NO, 024720
Ordinance appropriating $5,406.21 from the Coastal Bend Regional Advisory Council in the
No. 1050 Federal/State Grants Fund for the purchase of computer equipment and software
for Corpus Christi Fire Department EMS Division.
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."
10.a. M2002-008
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$16,659 from the Texas State Library and Archives Commission for general library purposes.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.b. ORDINANCE NO. 024721
Ordinance appropriating $16,659 from the Texas State Library and Archives Commission
in the No. 1050 Federal/State Grants Fund for general library purposes.
Minutes - Regular Council Meeting
January 8, 2002
Page 4
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."
ll.a. M2002-009
Motion authorizing the City Manager or his designee to accept a grant from the Texas
Coastal Coordination Council in the amount of $60,000 to construct a hike and bike trail
along Whitecap Boulevard.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. ORDINANCE NO. 024722
Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No.
1050 Federal/State Grants Fund for construction of a hike and bike trail along Whitecap
Boulevard.
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."
11.c. M2002-010
Motion authorizing the City Manager or his designee to execute a contract with the Padre
Island Property Owners Association in the amount of $60,000 to construct a hike and bike
trail along Whitecap Boulevard and provide $40,000 or greater of in-kind services or cash
to complete the project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
I 1.d. M2002-011
Motion authorizing the City Manager or his designee to accept a grant from the Texas
Coastal Coordination Council in the amount of $60,000 to construct overlooks at Falcon
Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.e. ORDINANCE NO. 024723
Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No.
1050 Federal/State Grants Fund for the construction of overlooks at Falcon Park.
Minutes - Regular Council Meeting
January 8, 2002
Page 5
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."
11.f. M2002-012
Motion authorizing the City Manager or his designee to accept Lots 1 & 2, Lakes 7b
Subdivision, Corpus Christi, Nueces County, Texas as a land donation to the City of Corpus
Christi from the Corpus Christi Industrial Development Corporation.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.a. M2002-013
Motion authorizing the City Manager or his designee to execute Attachment No. 05 to
Contract No. 7460005741-2002 with Texas Department of Health in the amount of $437,297
and providing for the Bureau of Clinical and Nutrition 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 of October 1, 2001 through September 30, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. ORDINANCE NO. 024724
13.
Ordinance appropriating $437,297 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.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a sixty-year lease contract
with Destiny Associates Inc. for the occupancy of 450 square feet into the existing Schatzel
Street fight-of-way (ROW) to repair and maintain a permanent building structure, concrete
facings and planters that are encroaching into the public street ROW located respectively
adjacent to the north boundary line of Lot 7, Block 12, Beach Portion; establishing a fee of
$1,050 as payment for the first five-year lease increment.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Minutes - Regular Council Meeting
January 8, 2002
Page 6
14.
15.
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024725
Ordinance authorizing the City Manager or his designee to execute an amendment to the
lease agreement executed with Padre Soccer League on November 12, 1996, Ordinance No.
022750, to increase the leasehold area and to incorporate additional language.
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. 024726
Ordinance revising Section 55-151 (b) of the Code of Ordinances, City of Corpus Christi,
relating to the City's water well leasing program.
The f6regoing ordinm~ce passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 3, purchase of Ford Expeditions. He asked if the city
utilized the General Services Commission cooperative (GSC). Mr. Mike Barrera, Procurement and
General Services Manager, replied that initially the Houston-Galveston Area Council of
Governments' (HGAC) cooperative bought only equipment (vehicles and construction equipment),
which is why the city has used them in the past. The Mayor said he was interested in getting the best
price for the equip~nent the city purchases. Mr. Ban-era said staff can compare the prices offered by
the two cooperatives. Mr. Garcia said the city uses GSC for its technology equipment purchases.
Responding to Council Member Garrett, Mr. Gamia said this purchase will bring the total
of Ford Expeditions to four. He said the difference between these vehicles and a police package
vehicle is about $4,000. He commented on the importance of having four-wheel drive police
vehicles. City Secretary Chapa polled the Council for their votes as follows:
3. M2002-001
Motion approving the purchase of two (2) Ford Expeditions from the Houston-Galveston
Area Council of Governments (HGAC), for the total amount of $53,042.64. The award is
based on the cooperative purchasing agreement with HGAC. These vehicles will be used by
the Police Department. Ftmds are available in FY2001-2002 Capital Outlay Budget. These
items are additions to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes - Regular Council Meeting
January 8, 2002
Page 7
Mayor Neal referred to Items 19 and 20, and a motion was made, seconded and passed to
open the public hearing on the following zoning cases:
19.
Case No. 1201-01. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling
District to an "AB" Professional Office District on Tract 1 and "B-4" General Business
District on Tract 2 on Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.89
acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street.
20.
Case No. 1201-02. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling
District to an "AB" Professional Office District on Tract 1 and "B-4" General Business
District on Tract 2 Flour Bluffand Encinal Farm and Garden Tracts, Section 13, 7.598 acres
out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street.
Mr. Chesney made a motion to postpone Items 19 and 20 until January 15, 2002; seconded
by Mr. Kinnison, and passed.
19. POSTPONED
............................... istin~
20. POSTPONED
Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
21.
Case No. 1201-03. DHS Enterprises. L.P.: A change of zoning from a "B-4" General
Business District to an "I-2" Light Industrial District on River Square Unit 1, Block 1, Lots
1, 2, and 1.995 acres out of Lot 4 and River Square Unit 2, Block 8, 3.178 acres out of Lot
IA, located along Twin River Blvd., between McKinzie Lane and Interstate Highway 37.
Minutes - Regular Council Meeting
January 8, 2002
Page 8
Mr. Michael Gunning, Director of Planning, said the Planning Commission and staff
recommended denial of the "I-2" and in lieu thereof, approval of a special permit for warehouses and
limited outside storage subject to five (5) conditions. He showed slides of the subject and adjacent
properties, stating that the applicant is proposing to develop over a period of time approximately 17
acres of land. One of the pamels is intended to be a contractors office with limited storage for a
contractors yard. He said staff worked with the applicant and representatives of the Castle River
neighborhood and the Planning Commission in outlining the recommendation for a special permit,
which he described. He noted that the entire tract has been difficult to develop over the years.
No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close
the public heating, seconded by Mr. Garrett, and passed. Mr. Kelly said the applicant has been a
responsible corporate citizen with a long history in that part of the city. He said there has been much
discussion with community leaders and neighborhood representatives and a compromise was able
to be reached, which he supports. City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO, 024727
Amending the Zoning Ordinance upon application by DHS Enterprises, L.P. by changing the
zoning map in reference to Lots 1, 2, 3 and 1.995 acres out of Lot 4, Block 1, River Square
Unit 1, and 3.178 acres out of Lot lA, Block 8, River Square Unit 2, (currently zoned "B-4"
General Business District) by granting a special permit for warehouses and limited outside
storage subject to five conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Nea!, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 22. Council Member Kelly said he would be abstaining from
discussing or voting on this item. A motion was made, seconded and passed to open the public
hearing on the following zoning case:
22.
Case No. 1201-04. Anna K. Moore-Rush: A change of zoning from "A-l" Apartment House
District to "AB" Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion
of Lots 8 and 9, located on the southwest comer of Ayers Street and Ocean Drive.
City Secretary Chapa said the Planning Commission recommended denial of the "AB"
District and in lieu thereof, approval of a special permit for medical and professional office uses
subject to a site plan and five (5) conditions. The Planning staff's recommendation was denial. He
said the proposed ordinance before the Council is the Planning Commission's recommendation.
Mr. Gunning explained that the applicant is requesting the zoning change to allow for a
different use of the two buildings on the property. He said the same rezoning request was submitted
Minutes- Regular Council Meeting
January8,2002
Page 9
in May 2000 and at that time there was a split vote by the Planning Commission recommending
denial, although a special permit was proposed to limit the property's use to a medical use. In
addition, a site plan was developed to regulate parking and retain the residential character of the
structure. This time, however, the Planning Commission unanimously recommended denial of the
"AB" District and approval of the special permit.
Mr. Gunning said staff had recommended denial of the "AB" District based on prior City
Council actions that established Ayers Street as the line of demarcation between non-residential and
residential zoning along Ocean Drive. He added that the adopted area development plan for this area
recommends that these residential properties fronting on Ocean Drive remain residential. He stated
that there are valid reasons to consider a special permit for this property, including the fact that it is
located on a busy comer lot. He said staff is asking that the special permit conditions recommended
by the Planning Commission remain intact, which he explained.
Mayor Neal asked if the adjacent lot still contains a residence. Mr. Gunning replied
affirmatively. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to
close the public hearing, seconded by Mr. Chesney, and passed (Kelly abstaining).
Responding to Mr. Colmenero, Mr. Gunning said the Planning Commission was concerned
that the other properties fronting on Ocean Drive retain their residential character, while properties
located in the westerly direction of Ayers Street will be used more for office uses. Mr. Colmenero
said that since the subject property will be a surgical facility, the traffic volume will be less than
other uses. Mr. Scott and Mr. Noyola noted that only one person within the 200-foot notification
radius was opposed to the zoning change and several people outside the radius were in favor.
Mr. Garrett asked about granting the "AB" zoning. Mr. Chapa said the Council could amend
the Planning Commission's recommendation and grant the "AB" zoning outright. Mayor Neal noted
that if the property is zoned "AB," the owner could tear the house down. Mr. Chapa polled the
Council for their votes as follows:
22. ORDINANCE NO. 024728
Amending the Zoning Ordinance upon application by Anna K. Moore-Rush by changing the
zoning map in reference to Lot 7 and a portion of Lots 8 and 9, Block 4, Bayfront Terrace,
(currently zoned "A-1" Apartment House District) by granting a Special Permit for medical
and professional office uses subject to a site plan and five (5) conditions; amending the
Comprehensive Plan to account for any deviations to the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
Mayor Neal referred to Item 23, and Mr. Kinnison made a motion (seconded by Mr.
Minutes - Regular Council Meeting
January 8, 2002
Page 10
Colmenero) to reopen the public heating on the Hampshire Road street assessment; the motion
passed. The Mayor called for public comment and there was none. Mr. Chesney made a motion to
close the public hearing; the motion was seconded and it passed.
Mr. Scott asked if Jhabores Construction Company was also responsible for the Denver
Avenue project which staff has found to be unacceptable. Mr. Angel Escobar, Director of
Engineering Services, said it was not the same company. City Secretary Chapa polled the Council
for their votes as follows:
23.a. ORDINANCE NO. 024729
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Hampshire Road from State
Highway 358 to McBride Lane; imposing assessments totaling $67,402.96 against property
abutting the improvements, affected railways, and property and railway owners; fixing
corresponding liens on property and charges against property owners; providing for
subsequent adjustment of assessment amourtts artd the corresponding liens and charges based
on as-built conditions; specifying assessment pa~xnent terms and lien enforcement measures.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Cohnenero, Garrett, Kelly, Kimdson, Longoria, Noyola, and Scott voting "Aye."
23.b. M2002-014
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Jhabores Construction Company in the amount of $547,852.31 for Hampshire Road
Improvements from State Highway 358 to McBride Lane.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mr. Escobar said he misspoke and ~abores Construction is the same company working on
the Denver Avenue project. Mr. Scott expressed concern about awarding them the contract based
on the city's previous experience with them. Mr. Escobar acknowledged that there were problems
with Denver Avenue but the contractor has agreed to correct the problems. Mayor Neal questioned
how this will affect the open bidding process.
Mr. Chesney referred to problems which occurred with a renourishment project on Corpus
Christi Beach, and he asked whether the bidding regulations would not be violated if the city had
valid reasons not to award a contract. Mr. Gamia replied that he understands the Council members'
concerns about the contractor; however, the issue is the low bid process. He said staff would like to
liberalize the criteria to allow them to disqualify more contractors who they feel have performed
unsatisfactorily. He said Jhabores Construction's actions do not meet the current criteria for
disqualification for this project. He said the Council can delay this item or reject all the bids, which
Minutes - Regular Council Meeting
January 8, 2002
Page 11
means staff would have to rebid the project.
Responding to Mr. Colmenero, Mr. Chapa said that in order to reconsider Item 23, there
would have to be a motion to reconsider, a second, and approval by a two-thirds vote of the Council.
Mr. Colmenero asked if the Council would be acting in a punitive manner if they did not award
Jhabores Construction this contract based on their previous performance. Mr. Garcia replied
affirmatively. Mr. Escobar said this contract involves new construction while the Denver Avenue
project involved retrofitting and minor drainage work. City Attomey Bray said that in order for the
Council to pass on the low bidder, it would have to be on the basis that the contractor would be less
likely to successfully complete the job than the next bidder. In addition, the city would have to notify
the low bidder that they were proposing to give the award to the second bidder so the low bidder
would be able to make a case about his responsiveness.
In reply to Mr. Kinnison, Mr. Escobar said Jhabores Construction has successfully completed
other city projects and they continue to be responsive. He said staffwill meet with the contractor to
finalize the actions that need to be taken on the Denver Avenue project. In response to Mr. Kelly,
Mr. Escobar described the problems that occurred on that project. He added that the petition to
improve Hampshire Road was submitted in 1992.
Mr. Chesney said that according to the City Manager's report, a Council request was made
on November 20, 2001 to respond to citizens' concerns about stormwater issues in Jackson Place.
He said the Council has not yet received a response an&/or a timetable for corrective actions from
the contractor. Mr. Escobar said that a city surveying crew took elevations to determine the problems
regarding that project and met with the affected homeowners. He reiterated that they hope to have
a timetable from the contractor this week or next week.
Mr. Chesney then made a motion to reconsider Item 23 so as to table it for two weeks in
order to get a time table from the contractor regarding his wo/'k on the Jackson Place project. Mr.
Scott seconded the motion, saying he did not want to stop the lqampsi~ire Roacl project Out me wants
a solution from the contractor. Mr. Chapa polled the Council for their votes on the motion to
reconsider Item 23, and it failed to pass by the following vote: Neal, Chesney, Garrett, Noyola, and
Scott voting "Aye"; Colmenero, Kelly, Kinnison, and Longoria voting "No." (Note: The motion to
reconsider required a two~thirds vote of the Council to pass.)
Mr. Longoria asked who is conducting inspections on the Jackson Place project. Mr. Escobar
said they are staff members from Engineering Services' Construction Inspection Division. Mr.
Garcia reiterated that there was work done that did not meet the standards and it is being corrected.
Mayor Neal requested a report on the progress of the Jackson Place project.
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
16) was regarding the proposed development of Artesian Park. The Mayor recognized Mr. Ed Harte,
a major donor to this project. Mr. John Dykema, a local architect, said he was present on behalf of
Minutes - Regular Council Meeting
January 8, 2002
Page 12
the Coastal Bend Community Foundation (CBCF) in order to present a preliminary design for the
renovation of Artesian Park. He said this effort has been made possible by a generous financial gift
from Mr. Harte and a generous gift of land by the Rowiing family. He said the donations are purely
philanthropic and they represent Mr. Harte's and Mr. Rowling's commitment to the well-being of
Corpus Christi and their interest in history.
Mr. Dykema said the CBCF is proposing that the National Park Service participate in the
project to sponsor and develop the historical interpretive display and to include the park in their
promotional brochures. He said the park will continue to be owned by the City of Corpus Christi and
the park service has said they would like a resolution of support from the city government for their
participation. In addition to being beneficial to the city, the park will, according to organizers, give
the city additional state and national recognition as a significant place in the historic landmark
program.
Mr. Dykema introduced Mr. Peter Walker, a senior partner in a San Francisco landscape
architecture firm and a former chairman of Harvard University's landscape architecture department.
He is currently working in Dallas, Austin and Corpus Christi. Mr. Dykema said this is the first pub!lc
presentation of the project and following it, they will hold a public forum at the Museum of Science
and History.
Mr. Walker showed several slides of the existing site as well as the proposed project. He
noted thai: currently there is very little development around the park which, if the project is approved.
will be augmented by Mr. Rowling's donation of an adjacent vacant lot. Mr. Walker said Artesian
Park receives a limited number of visitors, although it does have several trees and is conveniently
located in the downtown area within walking distance from hotels.
Mr. Wal&er said it was on that site that the largest assemblage of soldiers in the history of the
United Slates encamped for about six months prior to the Mexican-American War which began in
1846. He said this encampment of 4,000 to 5,000 troops and officers was thought of as the first
professional standing army of any size in the United States. He said the troops were commanded by
General Zachary Taylor and a series of young, recent graduates of West Point, whom he named. He
said one of the reasons the Mexican-American War has received very little attention is probably
because it was followed shortly by the Civil War.
He said the lack of information about the war created several design challenges for the park
project. While conducting his research, Mr. Walker said he encountered images of the U.S.
encampment as well as pictures of the symbols of the government of Mexico. He said that when
constructing a narrative landscape, a symbol is needed. Mr. Walker's proposed design involves a
grassy ziggurat (symbolizing the pyramids of Mexico) in one part of the park and a second area
consisting of miniature pup-tents (illustrating the U.S. encampment) underneath the existing trees,
all of which are encircled with additional trees. He said there will also be a path through the center
containing historical markers and a central fountain representing the artesian well. Mr. Walker also
further explained how the park will benefit a variety of users.
Minutes - Regular Council Meeting
January 8, 2002
Page 13
Mayor Neal asked if any provisions are made for maintenance of the park in Mr. Harte's
donation. Mr. Jim Moloney, Executive Director of the CBCF, said they presently have $1 million,
which is the budget for the project. He said they intend to seek additional donations in the future. Mr.
Walker said the park will not require an extraordinary amount of maintenance and he emphasized
the importance of the city's participation in the project.
Responding to Council Member Scott, Mr. Walker further explained the symbolism of the
ziggurat. Mr. Scott asked about the level of the city's commitment. Mr. Walker said that in order
for the National Park Service to participate, the project needs a sponsor and a resolution from the city
of its support. He said the park service will then advertise the park throughout its system and provide
its expertise regarding the best way to commemorate the historic events. In addition, monies would
then be made available through several foundations.
Mr. Scott also asked Mr. Walker to discuss the concerns that have been raised about the
project. Mr. Walker said they have to do with maintenance, use of the funds, and the historical
aspect. He said since this war is not very well known, there are controversies about it that have not
been resolved. However, the war's importance is extraordinary, particularly with regard to the U.S.
and Mexican boundaries that resulted from it.
Council Member Noyola said he has received very many letters and calls from people who
are opposed to the park project. He said he and they feel it is an insult to their culture since America
took their land away from them. He said he hopes Mr. Harte will find another use for his donation.
Mr. Walker used the exmnple of Holocaust museums throughout Germany which, although they
were very painful for survivors to visit, still kept the issue alive. He said there was also controversy
surrounding the Vietnam Memorial. Mr. Walker said he understands Mr. Noyola's feelings, adding
that this is a view of how one uses history.
Council Member Kinnison asked about project cost estimates. Mr. Walker said they have $1
million and Mr. Rowling's promise or'the lano donauon, wlnch equates to a0out 5200,000. lie sam
they also have ideas on how to acquire additional monies. Responding to another question from Mr.
Kinnison, Mr. Norbert Hart, Director of Housing and Community Development, said the city
allocated $100,000 in CDBG funds only for design and historical preservation aspects of the project.
Mr. Kinnison asked what will be the next step and what action will the Council be asked to
take. Mr. Dykema said the project supporters intend to solicit input from various groups. Mr. Garcia
said there needs to be some consensus on the design because fight now that site does not exist--the
project requires an agreement to use the city's land as well as Mr. Rowling's land donation. He said
city staff does not have a cultural or artistic opinion about the project. He said he believes this is a
community decision, part of which can be reached through the participation of the Council's boards
and committees.
Mr. Kelly said he thought Mr. Walker had indicated that the requested resolution would not
be tied to the current design. Mr. Walker replied that a board member trying to make a cultural
judgement would want to know what the plans for the project are, the price, and the message that
Minutes- Regular Council Meeting
January8,2002
Page 14
will be conveyed through the historical markers. Mr. Kelly said he has received letters in opposition
from very diverse cormnunities, including Hispanics and descendants of Anglo pioneers. Mr.
Moloney said they hope to build a park that will tell the story of the Mexican-American war from
both sides. In short, the United States instigated a war and achieved a relatively significant land-grab
by paying Mexico $15 million for Texas, New Mexico and California. He agreed with Mr. Noyola
that wounds exist; however, he said, that does not change history.
Council Member Colmenero explained that at one of the battle sites of the war in Mexico
City, teenage cadets who defended the castle there are revered by Mexican citizens. He asked if the
planners had consulted with Mexican historical scholars. Mr. Walker said he recognizes the need to
use symbols which are respectful and are a setting in which historical discussions can take place. He
reiterated the important contribution that the National Park Service can make in that regard. Mr.
Colmenero said he believes that if the park is built, there needs to be some type of official
international dedication. He also discussed specific aspects of the design and maintenance.
Council Member Longoria said it is not unusual for the Council to debate art mad he said he
fails to see the insult in this issue, although he recognizes there are different opinions about it. Mr.
Walker said he agrees with Mr. Longoria that nothing is served by not talking about historical events.
Mr. Longoria said he thinks the design should be shown to the applicable boards for their input.
Mayor Neal thanked Mr. Harte for his generous offer and he asked what the next step is. Mr.
Tony Cisneros, Director of Park and Recreation, said they can make presentations to the Park and
Recreation Advisory Committee, Landmark Commission, and the Arts and Cultural Commission
within the next two months. The Mayor said the Council is of the opinion that the project needs to
go through the established process and then solicit public opinion. Mr. Colmenero reiterated that the
Mexican government should also be consulted. The Mayor called for a brief recess.
The second presentation (Item 17) was the third quarterly update of Bond Issue 2000. Mr.
Escobar noted that this information can be accessed on the city's website. First, he updated the
Council on the 1986 bond projects and the TIP projects. The completed projects are Airline Road;
Alameda, Santa Fe and Weber; and Coreett Drive; Kostoryz Road is 80% complete and scheduled
for May 2002; Leopard Street (all three phases) is 90% to 95% complete; McArdle Road, Phase 1
is 75% complete; McArdle Road, Phase 2 is 95% complete; and although not a 1986 bond project,
Spur 3, Phase 2 between Ocean Drive and SPID is 46% complete.
Mr. Escobar then discussed the Bond 2000 projects. He said 32 contracts have been awarded
for a total of $4.3 million. He referred to diagrams of the time lines of the three major groups: public
health & safety and park & recreation/museum; street improvements; and the sales tax projects (the
multipurpose arena and the seawall reconstruction). Mr. Escobar noted the street improvements total
$20.7 million with an additional $18.5 million in related utilities projects. Responding to Council
Member Garrett, Mr. Escobar said the city has received a proposal from Koch about the availability
of land north of IH-37 for the police and fire training facility.
Minutes - Regular Council Meeting
January 8, 2002
Page 15
Mayor Neal referred to Item 18, a public hearing on the capital improvement program (CIP)
budget for FY 2002. Mr. Mark McDaniel, Director of Management and Budget, noted that he had
given the Council a presentation on December 18~ 2001 regarding enhancements to the CIP, which
is a planning tool for the Council. With regard to Year 1 of the capital budget (FY 2002), which Mr.
Escobar discussed in the previous presentation, the expenditures include 44% for utilities; 43% for
public facilities; 9% for public health and safety; 4% for streets and 1% for park and recreation. The
largest revenue source is commercial paper at 29% of the total, followed by the sales tax bond issue
2000 at 27%. He also referred to diagrams of the short-range CIP expenditures and revenues by
category for the fiscal years of 2002, 2003 and 2004.
Mr. McDaniel then discussed each of the categories of projects. He explained that for the
long-range C1P (which begins in FY 2004), staff incorporated the projects that were not included in
the 2000 bond issue so that everything is open for discussion. With regard to the airport, he noted
that the CIP does not depict any short-range projects because they are currently underway and the
money has already been appropriated. The major airport long-range CIP projects are the runway
extension (54%) and land acquisition (23%). The park and recreation short-range CIP includes
bayfront park improvements (66%) and neighborhood park improvements (28°/6); he said there are
a variety of long-range projects, such as golf course improvements.
Mr. McDaniel said the short-range CIP for public facilities consists of the arena (62%) and
the convention center (38%). The long-range plan for that category includes library expansion/new
library (55%), Memorial Coliseum improvements (40%), and museum improvements (5%). The
short-range public health & safety projects include the local matches for the JFK Causeway ($4
million) and Packery Channel ($10.4 million). The long-range CIP consists of a training facility
(40%), new fire stations (17%), police substations (14%), and police headquarters expansion (7%).
With regard to the street programs, he said the short-range CIP includes the city's matching funds
for the TXDOT projects as well as the balance of the Bond 2000 projects for the utility relocations.
The long-range CIP contains a variety of different projects for street improvements, resurfacing and
neighborhood street reconstruction.
The Budget Director discussed the gas short-range CIP, which incorporates design and
construction of Part A of the southside transmission main project as well as land acquisition and
design of Parts B-E (54%); reservation fees (32%); and compressed natural gas station (14%). The
long-range CIP includes additional elements of the southside transmission main and reservation fees.
Mr. McDanie! said the stormwater master plan, which should be completed in December 2002, will
affect the long-range CIP, while the short-range CIP includes minor drainage improvements (55%);
bridge rehab/replacement (29%); and rolled curb and gutter replacement (16%).
With regard to wastewater, there are several medium- to small-sized projects in the short-
range CIP while the largest single project in the long-range plan is the Broadway Treatment Plant
diversion project (30%). At 46%, the southside transmission main (Phase 2) is the largest short-range
water project, while Phases 6 and 7 constitute 28% of the long-range plan. Mr. McDaniel said the
water supply projects in the short-range plan include the Garwood pipeline (49%), Rincon Bayou
(32%), and Padre Island desalination plant (3%), among others, while the Garwood pipeline takes
Minutes - Regular Council Meeting
January 8, 2002
Page 16
up 90% of the long-range CIP with the desalination facility study constituting the other 10%.
Mr. McDaniel then discussed the combined utility rate model, which assumes the inclusion
of the entire short-range and long-range CIP for utilities; indicates the need for a 6% base rate
increase per year for all three utilities; and requires an additional increase for the raw water charge
to support the water supply projects. He also discussed the importance of the 25% reserve amount
of working capital in relation to the operating expenditures. City Manager Garcia pointed out that
according to the rate model, the revenues will drop below the 25% reserve in FY 2006-07 and stay
below that amount until FY 2010-11. He cautioned the Council against diverting from the rate model
because he said the conseqaences of doing so are severe.
Mr. McDaniel said that during the Planning Commission public hearing on December 19,
2001, the members approved the FY 2002 capital budget and capital improvement planning guide
with high priority given to the following long-range CIP projects: change the scope of the Everhart
Road project to include the area ~om Holly Road to Yorktown Boulevard; add a downtown
infrastructure master plan and associated improvements; move forward with the police substations;
and include a hike and bike trail master plan. Mr. McDmfiel pointed out that in order for a project
to be moved out of the long-range plan and into the short-range plan, it would have to have an
identified funding source.
Council Member Scott made a motion to open the public hearing for Item 18; the motion was
seconded and it passed.
Council Member Kiunison said he would like the Council to delve into several of the projects
to determine if, for example, their construction schedule can be changed, which ultimately affects
the amount of money that is needed to fund them. He said the utility rate model raises customers'
rates over five years. He said he would like to look at other ways of funding the projects, such as a
bond progrmn, General Fund monies, available uses of the economic development sales tax dollars,
and other options.
Mr. Kinnison said there needs to be a philosophical discussion about many aspects of the
CIP, such as the need for increases in gas rates even though the short-range CIP does not contain any
gas projects in Years 2 and 3 and the gas revenues are, in effect, subsidizing the water and
wastewater projects. He also asked if the average citizen would fare better financially with a 1-cent
property tax increase than a 1% increase in utility rates.
Mr. Garcia pointed out that the city can only afford water and wastewater improvements
because it does not have the capacity to fund other kinds of improvements without raising taxes. In
addition, the City Charter prohibits the funding of non-utility capital improvements from any other
source than the General Fund. He said the utility rate increases are being driven by several very large
projects, such as the Garwood pipeline, southside transmission main and the desalination facility.
Mr. Kinnison said the year the projects are proposed to be funded has an impact on the rate model.
Mr. Garcia commented on the need to repair and replace the city's deteriorating utility infi'astmcture.
He said these issues are being faced by every other community in Texas.
Minutes- Regular Council Meeting
January8,2002
Page 17
Mayor Neal postponed further discussion on Item 18 because it was time to hear petitions.
Mr. John Felan, representing the Coastal Bend Blood Center, said that President Bush has
declared January as National Volunteer Blood Donor Month. He said a blood drive will be held at
City Hall on January 15th and he encouraged everyone to donate blood, including the Council
members, who can set a good example.
Mr. Leon Loeb, 921 N. Chaparral, said he and his parmer own the building at that address,
which is adjacent to Artesian Park. He asked the Council to favorably consider Mr. Harte's offer
because that portion of downtown needs an infusion of money to stimulate development.
Mayor Neal returned to the discussion on Item 18, capital improvement program. Mr.
Kinnison said he does not support every project in the CIP and changing some of them and
eliminating others will affect the utility rate model. He said a 1-cent property tax increase for a
$100,000 home is $10 per year, whereas the utility rate increases will affect a homeowner by $38
per year, no matter what size home they own.
Council Member Colmenero suggested that the CIP be further discussed in a workshop
setting. Council Member Noyola expressed concem about the proposed utility rate increases, saying
that citizens are continually hit with such increases. Mr. McDaniel said every year during the budget
process the Council will have the opportunity to review the proposed rate increases. He said this
document is a starting point for more extensive discussions about the projects. Mr. Garcia said every
project in the plan was included at the direction of this Council or previous Councils.
Responding to Council Member Scott, Mr. McDaniel said that with regard to the actual
expenses for FY 2000-01, which had a 45.5% reserve, the city fared much better than it budgeted
for water; however, the target is to remain above 25%. Mr. Gareia discussed the difficulty the
previous Council had in downsizine the Bond 2000 projects--all the eliminated projects are in the
CIP and are still unthnded. He satci even as tt~e General Fund debt capacity tncreases ~n a t~w years,
the city will not have the capacity to fund the projects that need to be constructed. He added that he
thinks staff is presenting a balanced program.
Mayor Neal suggested that the Council defer discussion on the long-range CIP until the
Council retreat. Mr. Noyola noted that many of the projects have other costs associated with them,
such as utility projects in conjunction with street projects. As a result, he said, the city is not being
up front with citizens about the true costs of the projects.
The Mayor called for public comment on Item 18 and there was none. Mr. Garrett made a
motion to close the public hearing, which was seconded and passed. City Secretary Chapa polled the
Council for their votes as follows:
18.b. FIRST READING ORDINANCE
Ordinance approving the FY 2002 Capital Budget in the amount of $152,674,800.
Minutes - Regular Council Meeting
January 8, 2002
Page 18
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Council Member Garrett asked why the Council was going into executive session to discuss
the development of the marina. City Attorney Bray replied that there are three bases which allow the
Council to hold an executive session on that issue. The first is the economic development exception,
which allows the Council to deliberate commercial or financial information the city has received
from an economic business prospect. He said the Council can also deliberate the offer of a financial
or other incentive to a business prospect and the issue is also permissible nnder the real estate
exception. The primary basis of all the proposals are leases which involve real estate.
Council Member Chesney said he does not want there to be a public perception that the
Council is going into a "back room" to discuss the marina proposals. Mayor Neal emphasized that
the Council was not going to be voting on anything. The Mayor then announced the following
executive sessions:
24. Pursuant to Texas Goverranent Code Sections 551.071, 551.072 and 551.087 regarding
proposals for development of the Corpus Christi Marina, with possible discussion and action
related thereto in open session.
25. Pursuant to Texas Government Code Section 551.071 for legal advice regarding Priscilla G.
Leal v. the City of Corpus Christi, et al No. 01~0253-E, 148~ District Court, Nueces Cotmty,
Texas, with possible discussion and action related thereto in open session.
26. Put'suant to Texas Government Code Section 551.074 regarding appointment of Municipai
Court Judges, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Neal made the following motion, which was seconded by Council Member Longoria:
25. M2002-015
Motion authorizing the City Manager to execute documents to settle Priscilla G. Leal v. the
City of Corpus Christi, et al No. 01-0253-E, 148th District Court, Nueces Count, Texas, for
$80,000 as recommended by the City Attorney.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mr. Longoria then made the following motion, which was seconded by Mr. Chesney:
26. M2002-016
Motion appointing Margie Flores as Judge of the Municipal Court of Corpus Christi, Texas,
Division B, and setting her salary at $54,105 to a term coterminous with that of the City
Council.
Minutes - Regular Council Meeting
January 8, 2002
Page 19
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for the City Manager's report. Mr. Garcia said next week the Council will
have a joint meeting with the Convention and Visitors Bureau at noon, followed by the regular
meeting. Mayor Neal called for Council concerns and reports.
Mr. Chesney referred to a press release about the recycling plan. Mr. Ron Massey, Assistant
City Manager, explained that the city applied for a grant to create a recycling drop-off center at the
J.C. Elliott Landfill, which will allow staffto test the concept and improve landfill operations. He
added that currently there are no plans to curtail the current brush pick-up service or curbside
recycling. He said staff will discuss those issues further as part of the solid waste business plan. Mr.
Chesney asked that efforts continue on the problems at Chenoweth Drive.
Mr. Chesney also asked about the recent grievance that was filed regarding allegations that
the Police Chief lied to the City Council about the input he received on community policing. He said
he and at least one other Council member specifically asked Chief Alvarez about that issue. Mr.
Garcia said if the Council wished to discuss that issue it should be during an executive session. He
added that he is addressing the situation.
Mr. Garrett said he read a letter to the editor about a city employee who performed
commendable setw'ice and he asked staff to recognize him. Mr. Kinnison noted that the National
League of Cities spring conference will be held March 8-12 in Washington, D.C. He said in past
years that conference has conflicted with Council meetings. For this year, he asked the Council to
consider meeting on March 5th instead of March 12th. There was general concurrence of the Council
to meet on March 5th and not on March 12th. Mr. Kinnison also asked the Council to consider
holding their retreat on Friday, March 15th. Mayor Neal agreed, saying that the retreat ~vill be held
at the Museum of Science and History. Mr. Noyola said he had received letters from golfers
complaining about the cart rental fees; he added that the greens look terrible. He also said staffneeds
to ensure that Municipal Court fines that are paid are properly recorded in the court's system.
Mayor Neal asked Mr. Garcia what staff planned to do about the marina proposals (Item 24).
Mr. Garcia replied that presentations will be made to the Water/Shore Advisory Committee and the
Downtown Management District. Once that input is received, staff will make a recommendation to
the Council on a marina developer. Mr. Scott requested information about the golf course fees and
he noted that Assistant City Manager Tom Utter will be retiring from the city after 32 years of public
service (25 years with the City of Corpus Christi); his retirement party is January 18th. Mr.
Colmenero commented on several emails he has received regarding animal control, and Mr.
Kinnison said he intends to reply to such emails with a letter from Mr. Gareia regarding that issue.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 8:12 p.m. on January 8, 2002.
2
--1-' 1
Requested Council Action: 1/15/02
Alternate Council Date: 1/22/02
PURCHASING REQUEST FOR COUNCIL ACTION
CONSENT ITEM/MOTION
RECOMMENDATION: Motion approving the purchase of four portable
defibrillator/monitors from Medtronic Physio-Control Corporation, Redmond, WA, based on
sole source for a total amount of $51,020.80. The defibrillator/monitors will be used by EMS
Division and are budgeted in FY2001-2002.
Purpose:
The defibrillator/monitors will be used by the EMS Division.
Defibrillation is the conversion of fibrillation (an abnormal heart
rhythm) to a normal rhythm by administration of a shock. A
defibrillator is a device that can deliver a controlled electrical
shock to a heart that has a life-threatening rhythm, such as sudden
cardiac arrest (SCA) in which the heartbeat stops suddenly in that
it is unable to pump blood to the body and brain. Without
immediate treatment defibrillation, the victim almost always dies.
Defibrillation is the only effective treatment for SCA.
Basis of Award:
Sole Source.
Medtronic Physio-Control Corporation is the sole source
distributor of Lifepack 12 defibrillator/monitors. The City
currently has eight (8) Medtronics Physio-Control
defibrillator/monitors in service. The City must purchase the same
type of equipment in order to insure compatibility between the new
equipment being proposed for purchase and the equipment the
EMS Division is currently operating. Additionally, the City
currently has a maintenance contract with Medtronics Physio-
Control Corporation, which covers all defibrillators in service. Any
change in equipment manufacturers would result in having to
contract with a different vendor, as the current vendor only works
on Medtronic Physio-Control products.
Funding: Fire Department - EMS
550040-4680-35100
Procurement & General Services Manager
$68,000.00
3
Request Council Action: 1/15/02
Alternate Date: 1/22/02
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Skaggs Public Safety,
San Antonio, Texas, for work uniforms which includes approximately 2,128 work pants, 2,917
work shirts, 71 coveralls, 1,290 "T"-shirts, 670 jersey knit shirts, 2,130 denim jeans, and 300
jackets, in accordance with Bid Invitation No. BI-0003-02 based on low bid for an estimated
annual expenditure orS118,202.50. The term of the contract shall be for twelve months with an
option to extend for up to two additional twelve month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been budgeted by the using
departments in FY 01-02.
BACKGROUND:
Purpose:
These uniforms are required to be used by employees of sevemeen
departments throughout the city for protection and identification of
personnel.
Previous Contract:
The option to extend the previous contract has been exercised,
requiring the City to issue new bid invitations.
Bid Invitations Issued: Twelve
Bids Received: Three
Price Analysis:
Pricing has increased approximately 12% since the last bid of 1998.
According to the vendor, the increase is due to the rising cost in
material and shipping.
Award Basis: Low Bid:
Funding:
Various Using Activities
Procurement and General Services Manager
CITYOFCORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BID INVITATION NO.: BI-0003-02
WORK UNIFORMS
BUYER: GABRIEL MALDONADO
1. Work pants - 2,128
2. Work Shirts - 2,917
3. Coveralls - 71
4. T-Shirts - 1,290
5. Jersey Knit Shirts - 670
6. Denim Jeans -2,130
7. Jackets - 300
VENDOR
SKAGGS
SAN ANTONIO, TEXAS
TOTAL
$118~202.50
2
UNIFIRST
CORPUS CHRISTI, TEXAS
$122,450.89
3
JOHNNY'S UNIFORM
CORPUS CHRISTI, TEXAS
$128,124.76
Request Council Action: 1/15/02
Alternate Date: 1/22/02
AGENDA MEMORANDUM
-REcoMMENDATION: Motion approving supply agreements with the following companies for the following
amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-02-1 for food
items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month
expenditure of $99,919.92 based on the recommended award submitted by the Coastal Bend Council of
Government. The terms of the contracts shall be for six months with an option to extend for up to three
additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the
City Manager or his designee. Funds have been budgeted by Senior Community Services in FY01-02.
Ben E. Keith LaBatt Food Service Lance, Inc.
San Antonio, TX Corpus Christi, TX Charlotte, NC
21 Items 55 Items 1 Items
$17,490.09 $25,416.68 $161.66
PFG
Corpus Christi, TX
40 Items
$43,157.12
Sysco Food Service
San Antonio, TX
49 Items
$13,694.37
Grand Total - $99,919.92
**************************************************************************************
BACKGROUND:
Purpose:
These food items will be used by Senior Community Services for the
Elderly Nutrition Program.
The items are combined under a cooperative bid issued by the Coastal
Bend Council of Governments (CBCOG). Participating members are
comprised of the City of Corpus Christi, Aransas Council on Aging,
Community Action Corporation of South Texas, Duval County, Bee
Community Action Agency, Kleberg County Human Services,
Nueces County Senior Community Services and San Patricio
Community Action Agency.
The recommended awards are based on the evaluation and
recommendation of participating members of the Coastal Bend
Council of Governments. The department concurs with this
recommendation.
Funding: Senior Community Services
/J tl~. ENP 520070-1050-00000-810802
~1[4[07~ [ ~ ~ MOW 520070-1050-00000-810502
Procurement & General Services Manager
$84,931.93
14,987.99
$99,919.92
COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS
Senior community Services
Bid Tabulation: CBCOG-02-1
PFG
Corous Christi. Texas
Canned Fruit, Canned Vegetables, Dried Vegetables,
Condiments, Dressing, Juices,
Spices, Starches and Pasta, Sugar & Products,
Miscellaneous Products, Beef, Poultry,
Frozen Vegetables, Frozen Fruit & Dessert
Prepared Products and Dairy Products
LaBatt Food Service
Canned Fruit, Canned Vegetables, Canned Meat,
Dried Vegetables, Condiments, Dressing,
Soups and Bases, Spices,
Starches and Pasta,
Miscellaneous Products, Beef,
Prepared Products, Frozen Vegetables, Breads,
Frozen Fruit & Dessert and Dairy Products
Ben E. Keith
Canned Fruit, Canned Vegetables,
Condiments, Relishes, Spices,
Miscellaneous Products, Beef, Pork, Poultry,
Frozen Vegetables
Sysco Food Service
San Antonio, Texas
Dried Fruit, Canned Vegetables,
Condiments, Dressing, Oil & Shortening
Canned Meat, Relishes, Soups and Bases, Fish,
Spices, Starches and Pasta, Sugar & Products,
Miscellaneous Products, Beef,
Frozen Vegetables, Frozen Fruit & Dessert
and Dairy Products
Lance Inc.
Crackers, Whole Wheat
$43,157.12
$25,416.68
$17,490.09
$13,694.37
$161.66
Grand Total:
S99.919.92
5
AGENDA MEMORANDUM
DATE: January 15, 2002
SUBJECT: Project Management Services for Bona Issue 2000 Street Improvement
Projects. (Project No. #90064)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an engineering services
agreement in the amount of $80,610 with Jim Lontos, P.E., for Project Management
Services for the Bond Issue 2000 Street Improvement Projects.
ISSUE: Due to the increased volume of capital improvement projects it has become
necessary to contract for project management services to expedite the completion of
projects in a timely manner.
FUNDING: Funds for this contract are available from the FY 00-01Street and Utility
Department Capital Improvement Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~,,~.Angel R. E§cobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Project Management Services for Bond issue 2000 Street Improvement
Projects.
PRIOR COUNCIL ACTION:
1. Au.qust 22, 2000 - Approval of the FY 2000-01 Capital Improvement Budget
(Ordinance No. 024162).
2. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
PRIOR ADMINISTRATIVE ACTION: None
FUTURE COUNCIL ACTION: Award of construction contracts necessary to complete
street improvement projects.
PROJECT BACKGROUND: The Bond Issue 2000 Street Improvement program includes
$20,776,000 in street capital improvements and an additional $18.5 million for associated
utility improvements. Due to the increased volume of capital improvement projects and the
Council directive to substantially complete the projects within a three year time frame, it
has become necessary to contract for project management services to ensure the
completion of street projects in a timely manner.
PROJECT DESCRIPTION: This proposed contract includes project management services
for the Bond Issue 2000 projects for streets and associated utility relocations on a as-
needed basis. Duties include, but are not limited to plan review, coordination with City
consultants on a regular basis, provide liaison between the consultants and various City
Departments and review of consultant's submittals.
CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B".
FINAL PRODUCT: This contract will result in the completion of the Bond Issue 2000
Street Improvement projects within the required time parameters.
H:~HOME\LYNDAS\GEN~BI2000~Jim Lontos~Agenda I[ems\Background.doc
EXHIBIT "A"
Page I of I
Up River Road:
550950-3540-00000-200330
550950-4525-00000-200330
550950-4500-00000-200330
550950-4475-00000-200330
Ayers:
550950-3540-00000-200340
550950-4525-00000-200340
550950-4500-00000-200340
550950-4475-00000-200340
Golllihar:
550950-3540-00000-200345
550950-4525-00000-200345
550950-4500-00000-200345
550950-4475-00000-200345
Alameda:
550950-3540-00000-200335
550950-4525-00000-200335
550950-4500-00000-200335
550950-4475-00000-200335
S. Staples:
550950-3540-00000-200350
550950-4525-00000-200350
550950-4500-00000-200350
993
133
2,385
3,114
EXHIBIT"A"
Affachment No. 1
Funding Sources:
Laguna Shores Road:
550950-3540-00000-200321 $ 358
550950-4525-00000-200321 358
550950-4500-00000-200321 245
550950-4475-00000-200321 61
Azores Road:
550950-3540-00000-200312 114
550950-4525-00000-200312 33
550950-4500-00000-200312 54
550950-4475-00000-200340 33
Catcay Road:
550950-3540-00000-200311 114
550950-4525-00000-200311 33
550950-4500-00000-200311 54
550950-4475-00000-200345 33
Jamaica Street:
550950-3540-00000-200315 288
550950-4525-00000-200315 121
550950-4500-00000-200315 147
550950-4475-00000-200315 83
Woodlawn Drive
550950-3540-00000-200320 194
550950-4525-00000-200320 87
550950-4500-00000-200320 78
550950-4475-00000-200320 54
Annaville Road
8,456 550950-3540-00000-200310 352
2,819 550950-4525-00000-200310 263
423 550950-4500-00000-200310 144
2,396 550950-4475-00000-200310 144
Lyons Street:
7,331 550950-3540-00000-200300 197
5,118 550950-4525-00000-200300 58
139 550950-4500-00000-200300 77
1,245 550950-4475-00000-200300 55
Whiting Sidewalks:
550950-3540-00000-200322 52
1,987
199
1,590
1,192
2,178
477
1,838
2,315
4,489
281
1,497
3,087
6,468
294
588
McArdle Road:
550950-3540-00000-200380
550950-4525-00000-200380
550950-4500-00000-200380
550950-4475-00000-200380
Yorktown:
550950-3540-00000-200395
550950-4525-00000-200395
550950-4500-00000-200395
550950-4475-00000-200395
Sidewalk Accessibility lmprovements:
550950-3540-00000-200400 7,579
550950-4500-00000-200400 1,034
Birmingham Road:
550950-3540-00000-200305 194
550950-4525-00000-200305 58
550950-4500-00000-200305 81
550950-4475-00000-200305 54
Home Road:
550950-3540-00000-200385 1,313
550950-4525-00000-200385 508
550950-4500-00000-200385 148
550950-4475-00000-200385 148
Intersection Approach Improvements:
550950-3540-00000-200375 986
Brookdale Drive:
550950-3540-00000-200316 241
550950-4525-00000-200316 53
550950-4500-00000-200316 79
550950-4475-00000-200316 66
Cliff Maus Road:
550950-3540-00000-200390 795
550950-4525-00000-200390 -230
550950-4500-00000-200390 35
550950-4475-00000-200390 92
TOTAL FUNDING:
$ 80,610
T
CONTRACT SUMMARY
Project Management Services for Street Improvement Projects
1. SCOPE OF PROJECT: 2000 Bond Issue (Streets)
2000 Bond Issue (Streets):
This project includes Project Management Services through the bidding phase for
those projects listed under Exhibit A, Item C. Design Services for the projects have
been authorized under separate contract with Engineering Consultants and tentative
Schedules of Completion have been ascertained for all projects.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at his own expense, to perform all engineering services
necessary to perform the duties of Project Manager through the project bidding phase for
the Bond Issue 2000 Street Projects, listed in Exhibit A, Item C.
The projects listed are identified as primary project "management role", and "secondary
project management role". For purposes of clarification, the primary management role
projects are to be the direct responsibility of the Engineer to manage on behalf of the City
Engineering Services Department while the City Engineering Staff will be providing direct
project management role on those projects listed as secondary management role. The
Engineer's responsibility on the secondary management role projects is limited on filling
in as required by City due to absences, sicknesses, vacations and other authorized
absences of City personnel in charge of those projects. The role of the Engineer in these
projects is estimated to be limited to 10% of the required time to complete.
3. SUMMARY OF FEES
Primary Manaqement Role
Location Preliminary Design Bid Phase Total
C-4 PROJECTS:
Up River Road $7,830 $7,048 $3,523 $18,401
Ayers Street
Gollihar Road
C-5 PROJECTS:
Alameda Street $7,308 $6,656 $2,740 $16,704
South Staples Street
C-6 PROJECT: $6,134 $6,003 $1,957 $14,094
McArdle Phase #3
C-9 PROJECT: $6,656 $5,742 $1,435 $13,833
I EXHIBIT "B"
Page ! of 2
Yorktown Blvd.
C-10 PROJECT:
Sidewalk Accessibility $3,654 $4,698 $261 $8,613
Improvements
Total Primary Project Management $71,645
Secondary Management Role
Location Preliminary Design Bid Phase Total
C-1R PROJECTS:
Laguna Shores Road
Azores Road $971 $971 $187 $2,129
Catcay Road
Jamaica Street
C-2R PROJECTS:
Woodlawn Drive
Annaville Road
Whiting Sidewalks $1,189 $1,189 $261 $2,581
Lyons Street
Birmingham Road
Brookdale Drive
C-7 PROJECT: $914 $1,015 $188 $2,117
Horne Road
C-8 PROJECT:
Cliff Maus Road $493 $528 $131 $1,152
Guardrails/Bddges/School Zones
C-11 PROJECT:
Intersection Approach $478 $392 $116 $986
Improvements
Total Secondary Project Management $8,965
Total Project Management Fee $80.610
EXHIBIT "B"
Page 2 of 2
AGENDA MEMORANDUM
DATE: January 15, 2002
SUBJECT: Project Management Services for Bond Issue 2000 Street Improvement
Projects. (Project No. #90064)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. I to an
engineering services agreement in the amount of $55,000 with Goldston Engineering, Inc.
for Project Management Services for various street improvement projects.
ISSUE: Due to the increased volume of capital improvement projects it has become
necessary to contract for project management services to expedite the completion of
projects in a timely manner.
FUNDING: Funds for this contract are available from the FY 00-01Street and Utility
Department Capital Improvement Program.
RECOMMENDATION: Staff recommends approval of the motion as presented,
'A~I R. Escobar, P. E.,
Director of Engineering Services
Foster Crowell,
Wastewater Superintendent
Eduardo Garat~a, P.E.,
Water Superinten lent
~m Water Supe
intendent
Additional Support Material:
Exhibit "A" Background Information
Exhibit"B" Contract Summary
- AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Project Management Services for Bond Issue 2000 Street Improvement
Projects.
PRIOR COUNCIL ACTION:
1. Auqust 22, 2000 - Approval of the FY 2000-01 Capital Improvement Budget
(Ordinance No. 024162).
2. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
PRIOR ADMINISTRATIVE ACTION:
1. Approval of an project management agreement with Goldston Engineering, Inc. in
the amount of $25,000 for engineering services associated with 2000 Bond Projects
and Utility Relocations Management Assistance.
FUTURE COUNCIL ACTION: Award of construction contracts necessary to complete
street improvement projects.
PROJECT BACKGROUND: The Bond Issue 2000 Street Improvement program includes
$20,776,000 in street capital improvements and an additional $18.5 million for associated
utility improvements. Due to the increased volume of capital improvement projects and the
Council directive to substantially complete the projects within a three year time frame, it
has become necessary to contract for project management services to ensure the
completion of street projects in a timely manner.
PROJECT DESCRIPTION: This proposed contract includes project management services
for the Bond Issue 2000 projects for streets and associated utility relocations on a as-
needed basis and Construction Inspection Support as determined by the Director of
Engineering Services. Duties include, but are not limited to plan review, coordination with
City consultants on a regular basis, provide liaison between the consultants and various
City Departments, review of consultant's submittals and construction inspection support.
CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B".
FINAL PRODUCT: This contract will result in the completion of the Bond Issue 2000
Street Improvement projects within the required time parameters.
H:~HOME\LYNDAS\GEN~BI2000\Goldston-Phil~Arnendment No. l~Bac,kground,doc
I EXHIBIT "A"
Page ! of !
EXHIBIT "A"
Attachment No. 1
Funding Sources:
_Up_~!ver Road: [ [ [ I
Laguna Shores Road:
550950-3540-00000-200330 :~' 62! 1550950-3540-00000-200321' 2443
'550950-4525-00000-200330 8 ', 1550950-4525-00000-200321 i 2443
=550950-4500-00000-200330 150 ~ [- 1550950-4500-00000-200321 ! 1675
550950-4475-00000-200330 195 !550950-4475-00000-200321 ' 420
Ayers: *~ '-- i ~Az~re~ I~°ad: I
550950-3540-00000-200340 i ~----- i ~550950-3540-00000-200312] 784
550950-4525-00000-200340 12 ) I 550950-4525-00000-200312 [ 224
1550950-4500-00000-200340 ' 100 i I 550950-4500-00000-2003121 368
Gollihar:!550950'4475'00000'200340 il 13675 ~-~--- Catca' ~550950'4475'00000'200312Road: 224!
i550950-3540-00000-200345 ~ I 550950-3540-00000-200311 784
550950-4525-00000-200345 i 30 I 550950-4525-00000-200311 = 224
550950-4500-00000-200345 115 !- 550950-4500-00000-200311 i 368
55o95o-~75-ooooo-2oo345 '~ 1~5 155o95o~75-ooooo-2oo3111 224
Alameda:!_ I [Jamaica Street:__ I
550950-3540-00000-200335 281I 1550950-3540-00000-200315 ~ 1963
550950-4 525-00000--:~'~0-3-3-5 18 ) 550950-4525~-0~ 829
550950-4500-00000-200335 94 = 550950-4500-00000-200315 1003
55o950-4475-oo0oo-2oo335 193, ~ j5~0950-~75-00000-200315[ 568
S. Staples: i ! iW°odlawn- -Drive I
-550-~g50-§~)-00000-200350 4~-5 550950-3540-00000-200320 i 902
550950-4525-00000-200350 18 i- i 15509~b~5-00000-200320~ 403
= ---
550950-4500-00000-2003'50 [ 37 i 550950-450~--20~ [ 365
-- 1550950-4475-00000-200320 250
McArdle Road: i ! Annavi e Road
[550950-3540-00000-200380]_.T 52911 ii 550950-3540-00000-200310 1637
550950-4525-00000-200380 176; 550950-4525-00000-200310~ 1218
1550950-4500-00000-200380 27 550950-4500-00000-200310 672
!550950-4475-00000-200380 150 550950-4475-00000-200310 672
Yorktown: I I Lyons Street_:_ ....
550950-3540-00000-200395 459 550950-3540-00000-200300 918
550950-4525-00000-200395 ' 320 ~ ~" 550950-4525-0~)-00~20~3(~)-i 270
550950-4500-00000-200395 9 i 1550950-4500-00000-200300 ! 360
550950-4475-00000-200395 78 ~ !550950-4475-00000-200300 ~ 252
~ideWalk Accessibility Improvem?nts: ~_ iWhiting Si~ewa_lks:
550950-3540-00000-200400 i 474l 550950-3540-00000-200322 240
', 550950-4500-00000-200400 651 I
Birmingham Road: i i !Brookdale Drive:
550950-3540-00000-200305 900:, __ ~[ ~ 550950-3540-00000-200316 . 1121
550950-4525-00000-2003~ ~ 270, ~ 550950-4525-00000-200316~ 245
550950-4500-00000-200305 ~ 378 ~_...__-~ ~550950-4500~-~0~ 367
550950-4475-00000-200305 252 ) [ ) 550950-4475-00000-2003161 306
.or.e Road: ~ I lC,,. Maas Road: ~
550950-3540-00000-200385 ~7,396. _ ' .550950-3540-00000-200390 [_ _._4_47~7
550950-~,~5-00000-200385 2,863. _ ~ 550950-4525-00000-200390 1298
,550950-4500-00000-200385 i 835 i--- [ '550950-4500-00000-2003901 195
!550950-4475-00000-20038~ -i 835, ) 550950-4475-00000-200390 519
Intersection Approach Improvements: I ~
CONTRACT SUMMARY
Project Management Services for Street Improvement Projects
1. SCOPE OF PROJECT: 2000 Bond Issue (Streets)
2000 Bond Issue (Streets):
This project includes Project Management Services through the bidding phase for
those projects listed under Exhibit A, Item C. Design Services for the projects have
been authorized under separate contract with Engineering Consultants and tentative
Schedules of Completion have been ascertained for all projects.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at his own expense, to perform all engineering services
necessary to perform the duties of Project Manager through the project bidding phase for
the Bond Issue 2000 Street Projects, listed in Exhibit A, Item C.
The projects listed are identified as primary project "management role", and "secondary
project management role". For purposes of clarification, the primary management role
projects are to be the direct responsibility of the Engineer to manage on behalf of the City
Engineering Services Department while the City Engineering Staff will be providing direct
project management robe on those projects listed as secondary management role. The
Engineer's responsibility on the secondary management role projects is limited on filling
in as required by City due to absences, sicknesses, vacations and other authorized
absences of City personnel in charge of those projects. The role of the Engineer in these
projects is estimated to be limited to 10% of the required time to complete.
SUMMARY OF FEES
Primary Management Role
Location Total
C-1R PROJECTS:
Laguna Shores Road $14,544
Azores Road
Catcay Road
Jamaica Street
C-2R PROJECTS:
Woodlawn Ddve
Annaville Road $11,998
Whiting Sidewalks
Lyons Street
I EXHIBIT "B" I
Page ! of 2
Birmingham Road
Brookdale Drive
C-7 PROJECT: $11,929
Home Road
C-8 PROJECT:
Cliff Maus Road $6,489
Guardrails/Bridges/School Zones
C-11 PROJECT: $5,555
Intersection Approach Improvements
Sub-Total Primary Management: $50,515
Secondary Mana.qement Role
C-4 PROJECTS:
Up River Road $1,152
Ayers Street
Gollihar Road
C-5 PROJECTS:
Alameda Street $1,046
South Staples Street
C-6 PROJECT: $882
McArdle Road
C-9 PROJECT: $866
Yorktown Blvd.
C-10 PROJECT: $539
Sidewalk Accessibility Improvements
Sub Total Secondary Management: $4,485
Total Project Management Fee $55.000
I EXHIBIT "B" I
Page 2 of 2.
· ~ ~
AGENDA MEMORANDUM
DATE: January 15, 2002
SUBJECT: Pilot Seawall Reconstruction Project (Pilot & Contract B-1 ) - Project No. 3169
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute an amendment to the
contract for engineering services in the amount of $87,700 with Shiner Moseley and
Associates, Inc. for Corpus Christi Ship Channel/Art Museum Bulkhead replacement.
ISSUE: The acceleration of the bulkhead replacement is necessary to minimize cost of the
bulkhead replacement, and accommodate the construction schedule of the Art Museum
expansion.
RECOMMENDATION: Staff recommendS approval of the motion as presented.
~--Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit A-1.
Exhibit A-2.
Exhibit B,
Exhibit C.
Exhibit D.
Additional Background Information
Prior Actions
Bayfront Protection & Condition Assessment
Location Map/Drawings
Contract Summary
Project Budget
H:~HOME\KEVINS\GEI, ASEAWALL~DESIGN~AWD6memo.doc
- ~ ADDITIONAL BACKGROUND INFORMATION
PRIOR ACTIONS:
This proJect has involved a number of complex actions. The most significant Council and
administrative actions are attached. See Exhibit A-1.
FUTURE COUNCIL ACTION:
1. Award of construction contract for Pilot Seawall Reconstruction Project (Contract
A) and Reconstruction Contract B-1.
2. Award of a change order for the Corpus Christi Ship Channel/Art Museum Bulkhead
Replacement.
3. Award of engineering, geotechnical, materials testing and construction contracts for'.
a. Seawall Reconstruction Contract B-2;
b. Seawall Reconstruction Contract C; and
c. Seawall Reconstruction Contract D.
BACKGROUND:
The Bayfront Protection Structures include a number of improvements.
those improvements and their condition is attached. See Exhibit A-2.
A summary of
CONTRACT SUMMARY:
The contract will provide the engineering services necessary for the replacement of the
Corpus Christi Ship Channel/Art Museum Bulkhead. The replacement will proceed as
change order as inclusion in the bid documents would delay the start of the Pilot and
Construction Contract B-I. A summary of the contract is attached. See Exhibit C.
PROJECT DESCRIPTION: The C.C. Ship Channel/Art Museum Bulkhead is located
between the existing Barge Dock and Corps of Engineers Property. The timing of the Art
Museum project required acceleration of the bulkhead project. The project will
repair/replace the lower level concrete bulkhead between the existing Art Museum and the
U.S. Army Corps of Engineers property. The bulkhead is approximately 210_+ linear feet
in length.
This lower level bulkhead is in excess of 60 years of age, and is at the end of its useful life,
and beyond repair. This project will result in the construction of a new concrete capped,
anchored steel sheet pile bulkhead to be constructed immediately in front of the existing
lower level bulkhead that currently exists. This new lower level bulkhead, with new erosion
protection placed on fill behind the front wall, serves to protect toe of the upper level flood
wall from high energy waves and scour. The project will provide for pedestrian access
from the barge dock to accommodate the future pedestrian linkageto the Solomon Ortiz
Center.
H:~-IOME~KEVINS\GEN~SEAWALL~DESIGN~AWD6.BKGExhA.doc .2
I Exhibit A
PROJECT SCHEDULE: Award of the construction contract is anticipated in April, 2002
With completion by May, 2003. This will allow s(~awall construction in the vicinity of the Art
Museum, Arena and Convention Center to be completed in advance those critical projects.
FUNDING: Funding is available in the Seawall CIP Fund.
H:~-IOM E~KEVINS~GEI~SEAWALL~DESIGN~AWO6.BKGExhA.doc
Exhibit A
Page 2 of 2
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway
proceeds (M97-347);
2. March 2__~.4 1998 -
· Motion authorizing the execution of a contract in the amount of $36,804 with
Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-
084);
· Motion to authorize award of a seawall condition assessment in amount of
$386,000 to Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the Seawall Investigation Project with W. G. Jaques
Company for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment
No. 5 for engineering services in the amount of $581,000 with Shiner Moseley
and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2002-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical
and materials testing contract in an amount not to exceed $79,602 with Fugro
South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction
Project (Contract A) and Seawall Reconstruction Project B-1 (M2002-209).
PRIOR ADMINISTRATIVE ACTIONS:
1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470
to Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services
related to the Seawall Investigation Project;
2. Februa 11 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in
amount of $14,350 of seawall condition assessment contract with Shiner Moseley
and Associates, Inc.;
3. ~999 - Award of Amendment No. 2 (Design of Backwater Levee Gate
Structures) in amount of $-0- (change of scope) of seawall condition assessment
contract with Shiner Moseley and Associates, Inc.;
4. December. r_.~_8 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 2_~_7 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase)in amount of $13,330 of seawall condition assessment contract
with Shiner Moseley and Associates, Inc.
Exhibit A-1
Page 1 of 1 I
- : BAYFRONT PROTECTION & CONDITION ASSESSMENT
BAYFRONT PROTECTION STRUCTURES:
Construction of the Bayfront Protection Structures began in 1939. The most identifiable
portion of these structures is the concrete steps and apron panels (sidewalk). However,
the Bayfront Protection Structures and other seawall or bulkhead type structures also
includes the L and T-heads, breakwaters, riprap, and the earthen levy extending to the
Harbor Bridge.
The structures incorporated into the Bayfront Protection include:
1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced
concrete caps;
2. Sloped Slabs on Grade with shallow steel sheet piles cu t-off w all at the
lower edge;
3. Stepped Seawall Sections which are timber pile supported reinforced
concrete beam-and-slab structures with four transverse beams extending
from a top longitudinal girder (head beam) to a bottom steel sheet
pile/concrete cap (beam).
The seawall section beams are supported on creosote treated timber foundation piles
with the top surface of the slab being formed into steps conforming to the slope of the
seawall. Each section is headed at the top with a longitudinal beam for the full length
(40') of the section and ended at the bottom with a longitudinal pile cap beam along a
steel sheet pile wall. See Exhibit B-2. Three different designs of these sections were
used with a fourth modification without steps used at two locations.
Additionally, two large pressure discharge storm drains are installed through the seawall
that are of a significant size that the integrity of the line upstream is a major
consideration during storm tides. Storm Drain Sluice Gates also are installed through
the seawall. Weepholes (filtered relief ports) were also installed in each section of the
seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling.
CONDITION ASSESSMENTS:
The more recent condition assessments of the Seawall include:
1. November, 1980 - A Study of the Structural Integrity of the Peoples Street
T-Head, Including the Necessity, if any, for Piling. Ogletree & Gunn, Inc.;
2. October, 1981 - Engineering Study & Recommendation for L-Head and T-
Head and Breakwater Improvements. Goldston Engineering;
3. July, 1985 - Report on Condition Survey & Inspection of the Corpus Christi
Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and
4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge
Dock & Water Circulation Tunnels. Ogletree Engineering, Inc.
5. November, 1999 - Seawall Investigation Project Final Report. Shiner
Moseley and Associates, Inc.
I Exhibit A-2
Page 1 of 7 I
The most recent study by Shiner Moseley included geotechnical testing and analysis, a
pile condition or capacity assessment, concrete compression testing, laboratory tests of
reinforcing steel, concrete petrography, inspection and assessment of timber piles,
assessment of anchor rod and turnbuckle conditions, void detection, or use of new non-
destructive investigation techniques (Ground Penetrating Radar). (Concrete
petrography is the process of conducting tests on concrete samples (cores) to
determine/verify the original concrete mix design, water/cement ratios, and other
physical concrete properties.) Additionally, it was determined that an investigation of
representative sidewalk panels would be beneficial. Two panels were selected for
further investigation based upon visual inspection of cracking patterns and voiding
under the apron panels (panels 205 & 206).
ASSESSMENT FINDINGS:
The structure is over 60 years old. Marine structures of this type are typically designed
with a much shorter life and require major maintenance after 30 to 40 years. The
seawall has performed very well, but has received only the most minimal maintenance.
Key findings were:
1. the overall protection system is intact, but is in need of reconstruction to
ensure its continued viability;
2. soil has been lost under the seawall creating voids along its entire length;
3. the rear timber piles examined were decayed from fungus attack with up
to half the pile diameter lost, and marine borers have damaged the front
row of pilings;
4. concrete was found to be of a very high quality, but corrosive salts are
penetrating through the concrete;
5. reinforcing steel is not yet experiencing general corrosion, but where
cracks allowed seawater to penetrate to the steel there was limited areas
of significant corrosion;
6. there are noticeably large cracks in almost all of the 40-foot long concrete
panels that make up the seawall which appeared to have originated due to
temperature shortly after construction; and
7. sheet pilings that is supposed to seal and support the front of the seawall
were found to be deteriorated which weaken the wall and allow sand
under the seawall and sidewalk to leak out.
IExhibit A-2
Parle 2 of 7 I
PROgECT LOCATION
CORPUS CHRISYl BAY
LOCATZON MAP
NOT TO SCALE
~--STEPPED
CORPUS CHRISTI SHIP CHANNEL/ART MUSEUM
BULKHEAD REPLACEMENT
CITY OF CORPUS CHR1577. TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 01-15-2002
-- CONTRACT SUMMARY
CONTRACT FOR ENGINEERING SERVICES
C.C. SHIP CHANNEL/ART MUSEUM BULKHEAD REPLACEMENT
Basic Services
· Design of new anchored, continuous steel sheet pile bulkhead, with concrete cap, anchor
rods, and continuous deadman/anchor wall for approximately 210 linear feet. End closures
will be designed as transition sections from the new bulkhead back into the adjacent existing
structures. At this time, no fendering or mooring points are to be provided. Geotechnical
data will be utilized , as previously provided by the City (via separate contract with Fugro
South, Inc.).
· Design of erosion protection for the existing fill (and new backfill that will be required)
between the existing floodwall toe and the new bulkhead. Details are unclear at this time on
how this project will interface with the Art Museum expansion project.
· The site will be available for pedestrian access, but lighting/utility issues will be addressed
as part of the future pedestrian link to the Solomon Ortiz Center.
· Prepare detailed opinions of probable cost for the work, broken down into materials, labor
and equipment. This will serve as a basis from which to negotiate a fair price for the work
with the Contractor. Once a fair pdce is negotiated, we will assist the City in preparation of a
change order.
· Dudng the construction phase, it is anticipated that a separate pre-construction conference
will be utilized for this work, specifically addressing interface issues with the Art Museum
expansion. Time has been included for submittal review, review of lab tests, providing
interpretations and responses to questions that arise during construction, and providing the
City with record drawings.
Additional Services
· Topographic and hydrographic survey of the area, prior to beginning design.
· Site investigation, both above water and below water will be performed. Approximately 2
days of field time has been allowed for to make a general observation of the existing sheet
piling and to probe for debris, along the alignment of the new wall.
· Coordination will be required to advise and interface with the C.C. Art Museum for this work
(scope, details and schedule), relative to their expansion.
· Since the PCCA will be undertaking the 50' channel deepening project, coordination will be
required with the PCCA and the City to ascertain future channel side slope geometry,
therefore affecting the geometric bulkhead design parameters.
· Periodic construction observation will be provided at appropriate intervals, which at this time
is assumed to be four (4) hours/week.
Negotiation Phase
· Participate in the negotiation conference between the City and the Contractor.
· Review all pre-negotiation questions and submissions ~onceming the bid documents and
prepare, in the City's format, for the Engineering Services' approval, and contract change
order.
I ExhibitCl
Page 1 of 2
H:\HOME~J(EVINS\GEN~SEAWALL~DESIGN~AWD6SummaryExhC,d°c -
Analyze prices quoted by the Contractors, evaluate and prepare detailed material, labor and
equipment opinion of cost, and make recommendations concerning the contract change
order.
SCHEDULE
Tentative Project Schedule
01 February 2002 i Begin Design Phase
20 March 2002 i 90% Submittal
27 Mamh 2002 i City Review 01 April 2002 i Final Submittal to City
10 April 2002
03 May 2002
Begin change order negotiations with G.C.
Finalize change order negotiations with
'GC
24 May 2002 i Pre-Construction Conference
03 June 2002 i Begin Construction
30 September 2002 i Construction Completion
Summary of Fees
Original Contract with Amendments Nos. 1,2,3, 4, and 5
Amendment No. 6:
Fee for Basic Services
1. Design Phase ................................................................... 48,900
2. Negotiation Phase .............................................................. 5,000
3. Construction Phase ............................................................ 5,800
Subtotal Basic Services Fees ........................................ 59,700
Fee for Additional Services (Allowance)
1. Topographic and Hydrographic Survey
la. Pre-design .................................................................... 6,600
2. Underwater Examination and
site investigation (pre-design only) .................................... 6,700
3. Meetings ............................................................................. 3,600
4. Construction Observation Services (assume 4 months) ..... 8,700
5. Warranty Phase (will be done under future phase) .................... 0
6. TDLR fee for Amendment No. 5 and No. 6 work (Pilot
Program and Contract B-1 which includes review filing
fee, review fee; inspection filing fee and inspection fee) ...... 2,400
Sub-Total Additional Services Fees Authorized ...........28,000
Total Authorized Fee Under This Amendment .................................... 87,700
Total Fee (1,235,530 + 87,700) ................................... 1,323,230
$1,235,530
H:~HOME\KEVINS\GEN~EAWALL~DESIGN~AWD6SummaryExhC.doc
1
Exhibit C
Page 2 of 2 I
SEAWALL RECONSTRUCTION PROJECT
Cor~3us Christi Shi~3 Channel/Art Museum Bulkhead
Preliminary Project Budget
2002
Seawall Reconstruction CIP Funds ........................
Total ............................................................................
815.700.00 (1)
815,700.00
Construction Contract ................................................. $ 650,000.00
Project Contingency (10%) ............................... '. ......... $ 65,000.00
Geotech & MaterialsTesting (in Pilot/B1 contract) ......$ -0-
Engineering Design/Permit ......................................... $ 87,700.00
Construction Inspection (in NE contract)...; ................ $ -O-
Survey (in A/E contract) .............................................. $ -O-
Engineering Project Liaison ......................................... $ 5,000.00
Incidental Expenses (Printing, etc.) ............................ ~
TOTAL ........
$ 815,700.00
(1) Includes appropriation of FY2001-2002 Seawall additional sales tax.
Exhibit D
Page 1 of I
AGENDA MEMORANDUM
January 15, 2002
SUBJECT: Sale of City Property
Gulfway-Airline Park Unit 1, Block 4, Lots 20 and 21
AGENDA ITEM: Motion approving the sale of City property known as Lots 20 and 21,
Block 4, Gulfway-Airline Park, Unit 1, located at the comer of Williams and Braeswood
Drive for $100 and other bid requirements received by sealed bid and authorizing the City
Manager to execute a Special Warranty Deed for the sale and conveyance of the subject
property.
ISSUE: The City owns two lots at the comer of Williams and Braeswood Drive. The sale
of these lots would enable the City to obtain an extension of Curtis Clarke Drive to Williams
Drive at no cost to the City. City staff has advertised for the acceptance of sealed bids for
the sale of these lots in exchange for construction of the Curtis Clarke extension and
moving a Head Start building located on these lots to another city owned site. A
successful bid has been received. Council approval is required for acceptance of the bid
and authorizing the City Manager or his designee to execute a Special Warranty Deed.
PRIOR COUNCIL ACTION:
1. December 11,2001 - Motion authorizing the advertising for sale of Lots 20 and
21, Block 4, Gulfway-Aidine Park Unit 1 containing a total of approximately
20,000 sq. ft. (Motion No. 2001-465)
BACKGROUND: City staff including the Engineering Department, Traffic Engineering,
and Planning, working with property owners in the area have devised a program to
generate the Curtis Clarke to Williams Drive connection at no cost to the City. The
program involves the sale of Lots 20 and 21 with conditions of sale requiring that the street
extension be put in at no cost to the City and that the NCCAA Headstart building be
relocated adjacent to the Health Clinic immediately west of the Braeswood Street right-of-
way. The street connection and building relocation is shown on the attached Exhibit ^.
City staff advertised for bids for this project and received a bid from Mr. Glenn E. Lyons
meeting the conditions of sale. Mr. Lyons bid offer is attached as Exhibit B.
Upon approval by City Council, the City Manager or his designee will execute a Special
Warranty Deed to Mr. Lyons for Lots 20 and 21. A reverter clause will be included in the
deed reverting the property back to the City in the event the conditions are not met. Mr.
Lyons will be given 36 months to complete the conditions of sale.
FUNDING: No funding is required for this motion.
RECOMMENDATION: Staff recommends the approval of the motion as presented.
Attachments:
Exhibit A.
Exhibit B.
~_~Ang~l R. Escobar, P.E. ' f
Director of Engineering Services
Location Map
Bid Offer
Special Warranty Deed
H:~HOME\EUSEBIOG\GEN~Agenda ttems\Williams Dr. Iots~Agenda Memorandum.doc
~le : '~ Mproject \ londacqexhibits \ curtisclank l .dwg
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EXHIBIT A
BID OF~'~:R
Sale ProDert~
Lots 20 and 21, Block 4, Gulfway-Alrline Park, Unit 1 containing a total of approximately 20,000
square feet. The lots are located at the intersection of Williams Drive and Breaswood Drive,
Corpus Christi, Texas, and is the present site of the Gulfway Headstart Center at 5839 Williams
Drive (the "Sale Property").
Bid
I am bidding a cash portion of One Hundred Dollars ($100.00) in addition to fulfilling the bid
requirements described below for bid purchase of the Sale Property. I agree to perform the bid
requirements described herein below as a condition of obtaining tire to the property. I
understand successful bid will receive a Special Warranty Deed for the sale property which will
contain a revert clause in the event the improvements are not completed.
Additional Bid Requirements:
1. Construct a street and its improvements extending Curtis Clark Drive from its present ending
point to Breaswood Drive and terminating at Williams Street as shown on the attached map.
Construction will be performed according to all Standards and Codes of the City of Corpus
Christi. The developer will be responsible for all street, drainage, and related improvements
associated with the street extension. The developer understands that all costs of the street
extension will be the sole responsibility of the developer. Construction of the street and
improvements will commence no later than 36 months at~er the closing of the Sale Property.
2 Moving a portable building presently located on Lots 20 and 21, which is owned by the
Nueces County Community Action Agency (aka Gulfway Headstart Center) whose address
is 5839 Williams Drive, to an adjacent location behind the City/County Health Facility at
5805 Williams Drive, whose legal description is Lot 1, Block 9, Gulfway-Airline Park, Unit
1. Additional responsibilities include reconnecting all utilities, rebuilding the access ramp and
installing landscaping around the site. Relocation and construction of the improvements will
be performed according to all Standards and Codes of the City of Corpus Christi. All costs
associated with the move and construction of the improvements will be the sole responsibility
of the developer. Completion of the building relocation, including all improvements, shall be
completed by the date of completion of the construction of the extension of Curtis Clark as
described in paragraph 1 herein above.
J Glenn-E. Lyont
13901 Cabana North
Corpus Christi, Texas 78418
949-9799 (office)
949-1500 (fax)
glyons(&tri~.net (E-mail)
EXHIBIT B
9
CITY COUNCIL
AGENDA MEMORANDUM
January '10, 2002
AGENDA ITEM: Authorizing the City Manager to execute an agreement with the
Corpus Christi Downtown Management District in the amount of $80,073 for
assistance in downtown development and redevelopment activities.
BACKGROUND INFORMATION: Over the past several years, the City has
provided $100,000 per year to assist the Downtown Management District's
(DMD) development and redevelopment activities in the downtown. The 2001-
2002 City budget contains $80,073, which has been appropriated for this
purpose. Traditionally, we have provided the funds on an annual basis to the
DMD during January, which repre~;ents approximately six months into the fiscal
year.
CONCLUSION AND RECOMMENDATION: The DMD has proven to be a very
positive influence in the redevelopment of the downtown. City staff supports the
DMD and recommends that the City Council move forward to approve this
contract which is in conformity with the existing adopted City budget.
W. Thomas Utter
Assistant City Manager
December 14, 2001
Mr. Tom Utter
City of Corpus Christi
1209 Leopard Street
Corpus Christi. TX 78401
Dear Mr. Utter,
In the past, the City of Corpus Christi and the Corpus Christi Dowmox~J Mmmgement District
(DMD) have entered into contract for funding to be distributed to the DMD for administrative
expenses. This year, the City Council budgeted $80,000 for this purpose. We appreciate this
very much.
At this time, I am requesting the contract be renewed to expedite the issuance of the $80,000.
lfyou have any concerns about this, please let me know.
Sincerely, (/~
Norma Urban, president
Corpus Christi Downtown Management District
Skip Noe, Deputy City Manager
Wayne Lundquist, chairman, Corpus Christi Downtown Management District
Dottle Clower, treasurer, Corpus Christi Downtown Management District
410 PEOPLES ST. * CORPUS CHRISTI · TEXAS 78401 · 361-882-2363 · FAX 361-884-9591
10
AGENDA MEMORANDUM
January 15, 2002
SUBJECT: HEB Tennis Center - Agreement with Corpus Christi Tennis Association
(Project No. 3181)
AGENDA ITEM:
Motion accepting recommendation of City Engineer to ratify award of the construction
contract by the Corpus Christi Tennis Association to Barcom Commercial, Inc.
ISSUE: Section 9 of the agreement between the City and Corpus Christi Tennis
Association requires the City Engineer to recommend to Council the award of the
construction contract to the lowest responsible bidder for the Bond Issue 2000 Public
Tennis Center project. This action will address the contract requirement.
RECOMMENDATION: Approval of the motion as presented.
Tony Cisneros ~-~
Director of Park and Recreation
~Ot"'4~ngel R. Escobar, P. E.
Director of Engineering Services
Exhibit A - Additional Information
\\ENGINEERING\DATA1\HOME~LYNDAS\GEN\PARKS\3181 - TENNIS CENTER\MEMO.DOC
ADDITIONAL INFORMATION
BACKGROUND: The agreement between the City and the Corpus Christi Tennis
Association for the Bond Issue 2000 Public Tennis Center project requires the City
Engineer make a recommendation to Council concerning the award of construction
contracts. The Council packet provided full bid information, and advised Council the
Association would make the contract award based on approval of the Agreement by
Council. The memo did not expressly provide for a motion by the Council to accept the
recommendation of the City Engineer. The City Attorney has recommended that this
action be taken pursuant to the approved agreement.
PRIOR COUNCIL ACTIONS:
1. February 25, 1997 - Motion authorizing a Project Management Agreement in the
amount of $450,000 with the Corpus Christi Tennis Association for the HEB Tennis
Center Pavilion and Tennis Courts Construction Project; and authorizing a $250,000
transfer from the HEB Tennis Center Trust Fund (M97-047).
July 241 2001 - Ordinance adopting the City of Corpus Christi Budget for the
ensuing fiscal year beginning August 1, 2001 and appropriating funds as set forth
(Ord. No. 024528).
October 23, 2001 -
a. Ordinance appropriating $8,000 from HEB Trust Fund Interest earnings for the
HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and
Lloyd Sessions Tennis Pavilion (Ord. No. 024643).
b. Motion approving the Management Agreement between the Corpus Christi
Tennis Association and City (M2002-405).
BIDS: The Association advertised the project and publicly opened bids pursuant to Local
Government Code requirements The City has received photocopies of the publisher's
affidavits, classified advertisement, bid tabulation, and project budget. The project was bid
as a base bid with four additive alternates. Seven bids were received and publicly opened
on August 15, 2001. Base bids ranged between $1,079,000 and $1,672,200.
The project architect is recommending the award of the base bid and additive alternates
1 and 2 based on funding availability. Bids for the recommended award (Base Bid & Add.
Alt. No. 1 & 2) ranged between $1,192,500 and $1,826,700. Barcom Commercial, Inc. of
Corpus Christi had the Iow bid for the recommended award of the Base Bid with Additive
Alternates 1 and 2. The City Engineer concurs in recommendation of the award to Barcom
Commercial, Inc and recommends the action of the Association be ratified.
Exhibit A
Page I of I
PROJECT DESCRIPTION: This project includes improvements and enhancements to the
HEB Tennis Center Pavilion including a covered tennis pavilion, three courts, lighting
upgrades and site work. The City is providing a matching grant to the Corpus Christi
Tennis Association and assisting with construction management. The Tennis Association
is responsible for construction.
FUNDING: Funds have been previously allocated from Public Trust Fund No. 6010 and
Bond Issue 2000 General Obligation Bond proceeds.
Exhibit A
Page 2 of 1
. ,,,
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting January 15, 2002
AGENDA ITEM:
An ordinance authorizing the City Manager, or his designee, to execute
amendment No. 1 to the lease between the Bayfest, Inc. and the City of
Corpus Christi, authorized on March 21, 2000, by Ordinance No 023972,
to adjust the amount payable for police services an to add a late payment
fee.
BACKGROUND: At the November 13, 2001 meeting of the City Council a
resolution was passed to decrease the cost of police reimbursement from 100%
to 50% for non-profit special events beginning January 1,2002. Passage of the
resolution requires an amendment to the Bayfest contract.
REQUIRED COUNCIL ACTION: Amendments to a City ordinance requires City
Council authorization.
RECOMMENDATION: It is recommended that the City Council approve the
amendments.
Marco A. Cisneros, Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL
Ordinance/Resolution
X
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AMENDMENT NO. I TO THE LEASE BETWEEN BAYFEST, INC., AND
THE CITY OF CORPUS CHRISTI, AUTHORIZED ON MARCH 21, 2000, BY
ORDINANCE NO. 023972, TO ADJUST THE AMOUNT PAYABLE FOR
POLICE SERVICES AND TO ADD A LATE PAYMENT FEE; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute Amendment
No. 1 to the lease between Bayfest. Inc. and the City of Corpus Christi, authorized by
Council on March 21,2000, by Ordinance No. 023972, to adjust the amount payable for
police services and to add a late payment fee. A copy of Amendment No. 1 is attached
to this ordinance as Exhibit A.
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 judg-
ment 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 in-
tent of the City Council that every section; paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance 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,
Texas.
- ~ lng on this the day of
Samuel L. Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
That th~ foregoing ordinance was read for the first time and passed to its second read-
,2001, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
2002. by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED on this the
day of
,2002.
AI-I'EST:
CITY OF CORPUS CHRISTI
By: By:
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM this
/ ~)--~'"~- dayof
Elizabe~/R. Hur~dley, AssistanJ City Attorney{~/
Samuel L. Neal, Jr., Mayor
~ , 2001.
· Amendment No. I to the
Lease between the City of Corpus Christi
and the Bayfest, Inc.
Section '1. The Lease is amended to revise the clause entitled Payment to read as follows:
Bayfest will pay City a one-time, $250 Special Event Permit fee. Bayfest will pay City
100% of City's Direct Costs associated with the event and its related activities with the exception
of Police overtime costs. Bayfest agrees to pay city 75% of police overtime costs for the year
2000 and ICC% 50% of Police overtime costs for every year thereafter. Each year, one month
pdor to the Event, a $2000 cash deposit must be paid to the City. If no costs are incurred or all
City costs are paid, the deposit will be returned to Bayfest within 30 days after the event.
Section 2. The Lease is amended to add a clause entitled Late Payment Fee to read as follows:
Bayfest's failure to pay City's invoice within 30 days after submittal to Bayfest shall result
in a late bayment fee beinq assessed aqainst Bayfest. The late payment fee shall be calculated
to be 5% of the amount due. as shown on City's invoice, and said fee will be added to the amount
payable to the City.
Section 3. All terms and conditions of the Lease not changed herein remain the same.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on
this the day of ,2001.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM on the
JAMES R. BRAY, JR., CITY ATTORNEY
By:
Elizabeth R. Hundley, Assistant City Attorney
David R. Garcia, City Manager, or
his designee
day of ,2002.
BAYFEST, INC.
By:
Name:
Title:
12
ORDINANCE STATUS
Ordinance approving the FY2002 Capital Budget in the amount of $152,674,800
January 8, 2002
Passed: 9-0
January 15, 2002
(None)
CITY COUNCIL
AGENDA MEMORANDUM
January 8, 2002
AGENDA ITEM:
Ordinance approving the FY 2001-02 Capital Budget in the amount of $152,674,800
ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City Charter,
requires the development of a capital improvement program (CIP) and capital budget. The
Charter further stipulates that the Council shall approve the CIP and capital budget within
sixty days of submission by the City Manager (submitted December 18, 2001).
BACKGROUND: As presented to the Council on December 18, 2001, the Proposed FY
2002 Capital Budget and Capital Improvement Planning Guide reflects several format
enhancements. Again, these enhancements include both short-range and long-range
components. While the Long-Range CIP provides for planning beyond the traditional five-
year period, the Short-Range CIP has been adjusted to three years to more reasonably and
accurately match available resources with programmed multi-year capital and operating
expenditures. The new three-year Short-Range CIP also improves project scheduling and
corresponds with a four year bond election cycle.
At its December 19, 2001 meeting, the Planning Commission held a public hearing and
reviewed the Proposed FY2002 Capital Budget and Capital Improvement Planning Guide.
Upon conclusion of its review, the Commission recommended adoption with the following
high priority amendments:
· Move forward xvith police substations (currently in the Long-Range CIP);
· Add a hike and bike trail master plan (currently not included);
· Change scope for Everhart Road project in Long-Range CIP to include area
from Holly Road to Yorktown; and,
· Develop a downtown master plan and include more downtown
infrastructure improvements.
In addition, the Commission also recommended that this document be presented to them
earlier next year in order to provide additional time to review and make recommendations.
The following table summarizes anticipated project expenditures for the Short-Range CIP:
Three-Year
CIP Project Cateqory FY2002 FY2003 FY2004 Total
Airport 0 0 0 0
Park and Recreation 811.0 0 0 811.0
Public Facilities 66,040.0 0 0 66,040.0
Public Health & Safety 14,400.0 0 10,750.0 25,150.0
Streets 6,447.9 9,552.7 7,036.5 23,037.1
Gas 2,331.0 0 0 2,331.0
Storm Water 1,692.0 0 363.0 2,055.0
Wastewater 24,183.9 19,873.8 19,725.0 63,782.7
Water 25,254.0 18,600.0 19,130.0 62,984.0
Water Supply 11,515.0 9,000.0 0 20,515.0
Totals 152,674.8 57,026.5 57,004.5 266,705.8
You will note that most Bond Issue 2000 General Obligation projects, the Seawall and major
Airport renovations are reflected in the prior fiscal year category of the Short-Range CIP.
While all of these projects are not yet complete, funding as previously been appropriated.
With regard to CIP funding sources, a nexv section has been added that includes the utility
rate model developed by DMG Consultants. (See page 34.) This model projects the required
rates necessary to sustain all Short-Range CIP and Long-Range CIP utility projects currently
identified. Assuming the inclusion of all projects, initial analysis of the current model reflects
the need for a 6% rate increase each year for the water, wastewater and gas utilities. Funding
for water supply projects will require an additional increase in raw water charges. You will
note that even with the 6% rate increases that combined working capital falls below the 25
percent standard in out years (FY2006-2007). Please note that this model contains certain
assumptions (on page 36) and is simply a planning tool. The actual impact of adding projects
will be re-evaluated from year to year as actual revenues and expenditures are updated.
(Attached for your review is a schedule showing the impact of a required rate increases on
the average residential utility bill if all projects are included.)
FUTURE COUNCIL ACTION: The Ordinance will be considered on its Second Reading
on January 15, 2002.
RECOMMENDATION: Consideration of Planning Commission recommendations and
approval of Ordinance.
Ordinance X
12.19, 01 Planning Commission
Meeting Minutes X
Rate Increase Impact Schedule X
a~rk L. M~baniel
Director of Management and Budget
ORDINANCE
APPROVING THE FY 2002 CAPITAL BUDGET IN
THE AMOUNT OF $152,674,800
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the FY 2002 Capital Budget in the amount of
$152,674,800 is approved. A copy of the FY 2002 Capital Budget is on file in the
Office of the City Secretary.
H:\LEG-DIR\Lisa\ORD3\ORD3.464
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the tbregoing ordinance was read for the first time arid passed to its second reading on this the
Day of ., 2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scoa
That the foregoing ordinance was read for the second time and passed finally on this the ~
of ,2002, by the following vote:
Samuel L. Neal. Jr.
Brem Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
PASSED AND APPROVED this the
ATTEST:
__ Day of
Rex A. Kinmson
John Longoria
Jesse Noyola
Mark Scott
.,2002.
Day
Armando Chapa. City Secretary
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
Lisa Aguilar ~
Assistant City Attorney
~l ,2001
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Relevant Excerpts from Planning Commission Mtg.
December 19, 2001
(Not yet approved by Commission)
PROPOSED FY 2002 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM PLANNING
GUIDE
Mr. Mark McDaniel, Director of Office of Management and Budget, said that as a result of the recent
transition of Capital Budget to Office of Management of Budget, the information was compiled in a joint effort with
Engineering Services. He explained that there are two components of the Capital Improvement Program (CIP) and
Capital Budget: long range and short range plans. The short-range plan is funded for three (3) years, and Staffhas
recommended funding for these projects and provided detail of funding sources.
Mr. McDaniel said that dividing project time-lines improves the scheduling process and provides Staff
information regarding whether a project would be funded according to the schedule. The process also corresponds
to the bond election cycle. Council has indicated a desire to hold bond elections every four (4) years. The
long-range projects would be reviewed for bond programs.
Mr. McDaniel said that many of the projects now underway have been previously approved and are listed
in the "Prior Year" column because the funds were appropriated in the prior year. He added that updates to the CIP
are provided to Council on a quarterly basis. Mr. McDaniel then provided a lengthy overview of the entire
document.
Mr. McDaniel also summarized a rate model developed by an outside consultant to figure the impact of the
Capital Budget on utility rates. The model assumes inclusion of the entire short-range and long-range CIP and
indicates the need for a six percent (6%) base increase rate per year for all utilities. In addition, the model requires
additional increase for raw water charges to support the water supply projects.
He said that in FY 2006/07 shows that the city is falling belo~v the threshold of 25 percent in working
capital. The rate model illustrates projected FY 2006/07 as 23.8 percent which is the amount that would remain in
fund balances for working capital for all utilities combined. McDaniel explained that the City has historically used
a standard of 25 percent which would be necessary for emergencies. With the six (6) percent annual increases,
working capital could fall below the 25% threshold in FY 2006/07 and would not again meet this standard until
2011. He added that the model is updated every year and the figures would change over time.
Mr. McDaniel said that Staff would present the CIP and Capital Budget to the City Council on January 8,
2002. A follow-up discussion is scheduled for January 15, 2002 along with adoption of the program on second
reading. He said that the Council is required to adopt the program no later than 60 days after submission. The
document was delivered on December 18th. In response to Chairman Berlanga's question. Mr. McDaniel said that
the Council has to adopt the Program no later than Febmary 18, 2001. Mr. McDaniel added that the Commission
could continue their discussion and submit recommendations to City Council after the next Commission meeting.
Chairman Berlanga expressed concern with projects being added to the CIP while other City needs have
not been addressed. He referred to the development of new golf course being proposed for $7.5 million instead of
repairing the current golf courses.
In response to Chairman Berlanga's question regarding Community Development Block Grant (CDBG)
funds being appropriated prior to Corranission decision, Mr. McDaniel clarified that CDBG funding is annually
determined in a separate process. Staffidentified only the first year amounts that have been appropriated but has not
included CDBG funding for future years.
Chairman Berlanga said that Everhart Road needed to be addressed. He added that more could be done to
improve an extremely busy road as Everhart Road. Enforcement is the response given regarding traffic and other
problems on Everhart Road. Mr. McDaniel said that the Commission can make recommendations for long-range
plans. He added that short-range plans have identified funding sources.
ChaLrman Berlanga made a recommendation to widen Everhart Road into a five (5) lane road in areas
where it is a four (4) lane road.
Commissioner Sween-McGloin requested information regarding the Broadway Wastewater Trea~nent
Plant. Mr. Escobar said that several years prior city staff presented to the City Council the possibility of diverting
the flow going into the Broadway Plant to the Greenwood Plant. Staff has been working toward that goal.
Mr. Escobar said that in the design memorandum and cost analysis, the consultants determined that the city should
consider another alternative. The alternative includes diverting water to the Allison Wastewater Treatment Plant or
utilizing the existing plant and either building a new plant adjacent to the existing plant or moving toward the Port
industrial area and building a new plant. Alternatives were presented to Council in October at which time Council
instructed Staff to return in January with an analysis of whether a new plant should be built in the industrial area
which would allow reutiliziation of 15 acres containing the existing plant for future utilization of the festival park.
Commissioner Sween-McGloin asked whether Staff is considering how water could be recycled.
Mr. Escobar said that the staff is reviewing effluent reuse of the Convention Center irrigation and beautification and
shoreline beautification at the Broadway Treatment Plant.
Commissioner Sween-McGloin requested information regarding the J'FK Causeway. Mr. Escobar said that
Texas Department of Transportation could make a presentation using computer graphics illustrating plans. The bid
was awarded on December 6~h to Zachry Construction and construction will begin in February 2002.
Commissioner Salazar commented that the smell of the wastewater treatment plant on Greenwood is
stronger than the wastewater treatment plant in Pharoh Valley and asked if this situation could be remedied.
Mr. Foster Crowell, Wastewater Superintendent, said that the city has spent over $12.5 million on improvements to
the Greenwood Plant and added additional odor control facilities. The treatment process of the two (2) plants is the
same. The Oso Plant contains a wetscmbber which scrubs the odors out of the air; the Greenwood Plant has a
biofilter which is more effective.
Commissioner Salazar asked how City staff determines which street improvements are necessary and asked
whether Gollihar Road would be included in the process. Mr. Escobar said that the Bond 2000 includes Gollthar
Road from the Crosstown Expressway to Kostoryz Road. He explained that city staff determines whether the life of
the street would be reaching its 30 year construction. Volume analysis of traffic is also used to monitor the existing
care and capacity versus the expected care and capacity for the next ten (10) year and 20 year projections.
Commissioner Salazar asked how the bond election process worked. Mr. McDaniel said that the Council
has discussed having a bond election every four (4) years at the time of the general election. He suggested that the
Commission should continue discussion to the next hearing to allow the Commission an opportunity to review the
information carefuily.
Vice Chairman Mims said that there is a hump on Weber Road between South Padre Island Drive and
Tiger Lane. Mr. Escobar said that TxDot maintains that portion of the road. It is scheduled to be resurfaced during
the summer. This project includes shaving down the hump in the road, rebuild the surface and placing a three to
four inch asphalt cap to extend the life of the project. As a requirement from TxDot, when patchwork is completed,
there has always been settlement; therefore, TxDot asked that the city place the asphalt higher to alIow for the
shaving that would be done in the future.
Commissioner Smith suggested that the Comrmssion approve the CIP as presented and attach a document
containing information outlining concerns of the Con'amssion. He said that the Commission focus on the long-range
plans and establish priorities to move plans into the short-range plan section.
Chairman Berlanga said that he did not agree with approving the document as written and for~varding an
attachment at a later date. He added that he believed the Council depends on the advice of the Commission
r~garding information contained in the document.
In response to Chairman Berlanga, Mr. McDaniel explained the fiscal year begins on August 1 and ends on
July 31. He said that funds identified in the FY2000/01 column were appropriated. "Pay As You Go" funding
would be done for one (1) year. Staffis using fund balance/reserve fi.om the operating funds from Water, Gas, and
Wastewater to pay for services rather than issue debt, which costs more.
Chairman Berlanga said that previously there has been $500,000 to $600,000 in the golf course fund. He
said that he has been told that the funds were tbr the development of a new golf course. He added that after attending
the Greens Committee meetings, he said that they believe that there will not be a new golf course if it's based upon
strictly the increased fees that would come from the added fees at the golf course. He has heard explanations from
individuals in the Park Department who said that there is no money available. Chairman Berlanga said that the
Gabe Lozano golf center has standing water for weeks after a rainstorm. He add that it is undesirable. He reiterated
that he does not believe a new golf course needed to be built if the current golf courses could not be maintained.
Mr. Marcos A. Cisneros, Director of Park and Recreation, said that the Gabe Lozano Golf Course received
the Best of the Best Award as the best goll'mg facility in the area by the media. The Oso Golf Course received the
Reader's Choice Award. He added that the Chairman is referring to long-range plans that have not been funded and
that renovations and repairs to existing golf courses have been included. Expansion of the Oso Golf Course has also
been included. Mr. Cisneros said that he took exception to Chairman Berlanga's comments. He said that the City
Council has made a commitment to review studies regarding whether a market of a new golf course is needed.
Chairman Berlanga said that he asked for an extra light pole on the Gabe Lozano Golf Center putting green
because the golfers who use the facility had been addressing the issue with the Greens comrmttee for ten (10) years
to no avail. He said that the light pole cost less than $1,000 to erect. Mr. Cisneros said that the light pole is not
considered a capital project but is considered as maintenance. He explained that golf operations are enterprise
operations and they are responsible for expenses through the capital budget. In response to Chan'man Berlanga's
question regarding a golf course fund balance of $500,000 to 5600,000, Mr. Cisneros said that the golf course fund
balance is a growing balance. It is growing because of the dedicated surcharge created by the City Council for the
sole purpose of a third golf course. It ~vas not created for improvement to existing facilities.
Chairman Berlanga said that after discussing the issue with a former Office of Management and Budget
employee two (2) years prior, there was approximately $125,000 in the balance. He said that a new golf course
could not be built based on the surcharge being collected. Mr. Cisneros said building a new golf course from funds
collected from the surcharge was not the intent. The rational for the surcharge was to review opportunities that
could be paid for if there are infrastracture requirements for the facility. It was recognized that the surcharge would
not sustain a debt service retirement for a new facility.
Chairman Berlanga asked whether Mr. Cisneros agreed with building a new golf course when the existing
facilities are not being maintained. Mr. Cisneros said that he has presented information to Council on several
occasions regarding the issue. He said that he received no responses to the RFP for design and construction of the
new facility. Chairman Berlanga suggested that Mr. Cisneros tour the golf course facilities and that the
professionals at the courses be empowered to make decisions regarding golf course shops.
Chairman Berlanga said that the local golfers travel to Sinton, Alice, Kingsville, and the Valley to play
golf. He said that fees may need to increase, but the golfers need to receive better quality for their money. He
added that the local golfers would be offended if the City builds another golf course without repairing and
maintaining the existing courses.
comrmssioner Sween-McGloin asked whether the improvement to the streets in the downtown area and to
the infrastructure included in the CIP. Mr. McDaniel said that drainage and some utility needs for downtown are
addressed in the CIP. Commissioner Sween-McGloin said that the Council has an interest in focusing on the
downtown district. It would be important for the infrastructure for dowmown district to become a year four bond
issue priority. Mr. 'Angel Escobar, Director of Engineering Services, said that there are 14 of the long-term
projects for Stormwater are in the downtown district. Traffic circulation is also being addressed in addition to
completing compliance requirements of the American Disability Association along the seawall. There is no specific
amount for the do~vntown area infrastructure improvements.
Commissioner Sween-McGloin said that Austin and Houston have arterial streets that have narrower lanes
that carry more traffic. These streets also have a bike path along them. She said that them should be the ability to
decrease the lane width of city streets to allow for a bike path along arterials. There could be connectivity and
ability to have another mode of transportation in the community if there the lanes were narrower. She suggested that
the hike/bike trail should be moved forward into the long-range plans.
Chairman Berlanga referenced Neighborhood Park Improvement Phase 2 funding schedule soume of funds,
CDBG for $225,000 and asked for clarification. Mr. Kevin Stowers, Assistant Director of Engineering Sen, ices,
said that the current year recommended CDBG funding was approved in August 2001.
Commissioner Pusley suggested that the Commission continue the discussion and hold a special meeting
on January 7, 2002 to continue the discussion.
Commissioner Richter suggested that the police substation be prioritized in the 2004 Bond election. In
response to Commissioner Richter, Mr. McDaniel said that the CIP long-range plans are starting points. He said that
staffwould annually reevaluate long-range plans and present the CIP to the Commission and Coancil. Mr. Escobar
said that prior to the 2000 bond election the Council held townhall meetings throughout the city to gather input
regarding which items should be included in the bond issue.
Commissioner Richter asked how tourism affects funding of projects. Mr. McDaniel said that hotel/motel
tax receipts were budgeted flat; however, July and August showed an increase. The events of September 11
impacted September receipts received in October. In general, projections are on schedule and budgets for the
projects are in line.
Vice Chair Mims suggested that the Commission approve the plan and forward a recommendation
regarding the long-range plan after meeting to discuss long range plans.
In response to Chairman Berlanga regarding an Everhart Road recommendation, Mr. McDaniel explained
that there is currently no funding source for the project. A bond election would be necessary.
Commissioner Sween-McGloin requested that Staff provide a cost analysis for widening Everhart Road
from a four-lane road to a five-lane road, also for the Downtown Distxict, and the hike and bike trail for inclusion in
the Bond 2004.
Commissioner Salazar said that the impact for new development usually falls short. He said that he wanted
to prioritize this item is due to the amount of costs being absorbed by the developer and lack of being able to
expand.
Mr. Escobar said that the substations for the police are part of the program for Public Facilities. He
referred to Cortunissioner Salazar's concern for subdivisions. Mr. Escobar said that the street construction is part of
the Bond 2000 project and an additional incremental funding source has been identified.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Chairman Berlanga made a recommendation for the 2004 Bond Election. He requested a proposal for
widening Everhart Road from Wooldridge Road to Saratoga Boulevard. Mr. Escobar said that reconstruction of
Everhart Road from Saratoga Boulevard to Yorktown Boulevard, if placed on the 2004 Bond election, would be
completed in 2006.
Chairman Berlanga recommended that the existing golf courses be maintained and improved prior to
building another golf course.
Commissioner Amsler recommended that the CIP be presented to the Commission by the end of October to
allow the Commission ample opportunity to revie~v the information and provide the Council with information as an
advisory Commission.
Motion by Sween-McGloin, seconded by Berlanga, to recommend the Chairman Berlanga and CIP subject
to the following projects be moved to 2004 widening Everhart from Holly to Saratoga and Yorktown, police
substation, downtown infrastructure and the hike and bike trail master plan. The motion included a recommendation
that Staff present the CIP to the Commission earlier and begin the process at the end of October. Motion passed
with Zamora being absent.
Impact of Proposed Rate Increases on Average Residential Utility Bill
Assuming 6% increase each year
Rate Increase: 6% 6% 6% 6% 6% 6% 6% 60/ 60/ 60/
Service
Minimum
Avg. Cons
2001.2002
Actual
2002-2003
Projected
2003-2004
Projected
2004-2005
Projected
2005-2006
Projected
2006-2007
Projected
2007-2008
Projected
2008-2009
Projected
2009-2010
Projected
2010-2011
Projected
2011-201
Projected
Water
7
$
15.02
$
15.92
$
16.88
$
17.89
$
18.96
$
20.10
$
21.31
$
22.58
$
23.94
$
25.38
$
26.90
Raw Water
7
$
4.65
$
4.79
$
4.93
$
4.93
$
5.09
$
6.28
$
6.27
$
6.27
$
6.27
$
6.25
$
6.26
Gas
3
$
15.04
$
15.94
$
16.90
$
17.91
$
18.99
$
20.13
$
21.34
$
22.62
$
23.97
$
25.41
$
26.94
Purchase Gas adj
$
19.50
$
1950.
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
Solid Waste
minimum
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
Wastewater
7
$
24.50
$
25.96
$
27.52
$
29.16
$
30.91
$
32.77
$
34.73
$
36.82
$
39.02
$
41.37
$
43.85
'Total Bill
$
92.71
$
96.12
$
99.72
$
103.40
$
107.45
$
112.77
$
117.15
$
121.79
$
126.70
$
131.90
$
137.44
' Percent Increase in Monthly Bill 3.68% 3.75% 3.68% 3.92% 4.95% 3.88% 3.96% 4.04% 4.10% 4.20%
' Solid Waste Service calculated on minimum charge
'Purchase gas adjustment price based on average of $6.50/mcf
FY 2002 CAPITAL BUDGET-
and
CAPITAL IMPROVEMENT
PLANNING GUIDE
Previous
Long -
Range
CIP
Short -
Range CIP
Annual
Capital
Budget
Next_
Streets Park &
$69448 40X(O Recreation
ublic Health & $811 10%
Safety
$14,400 9% Water
$259254 17%
Public Faciliti
$66,0',40 4310
j Previous Next
Utilities
$64,97644%
WastewaterIV
Waste4 16%�iw ater Supply
o
$11,515 070
Gas
Storm Water $2,331 2%
$1,692 1%
YEAR I
Y2002 CAPITAL BUDGET
REVENUES r"�e15
SIB Loan
$4,000 3%
Sales Tax Bond /
Issue 2000
$40,640 27%
Revenue Bonds
$11,515 7%
Pay as you Go
$12,000 8%
Previous Next
Other
$1,888 1% CDBG
C$1,726 1%
PI Tax Inc Fin
Dist
$10,400 7%
Commercial
Paper
$45,106 29%
Hotel/Motel Tax
Bonds
$25,400 17%
Previous ) Next
d
-- L- - SHORT- RANGE CIP -
BY CATEGORY
REVENUES -
-! -- - i Page 26
--
%lilfions
$160
$140
$120
$100
$80
$60
$40
$20
$0
FY 2002 FY 2003 FY 2004
O C BG OCommercial Paper O Cert of Obligation ■ PI Tax Inc Fn Dist
■ Ilo el/Motel Tax Bonb O Pay ea you go O Revenue Bondy ■ Sales Tax Bond Issue 2000
■ tTt r ■ SB Loan -
vrevious
Next
y
-�
®a
■ �1
�
GPM
®
a �
®
ire®� ®
uo
IV
all IIS ®
_Flui IFT®
AIRPORT
LONG-RANGE CIP
Taxiway Improv
$1,9:
Airfield Rescue
$2,850 6%
Other
$2,650 5%
Runway
Extension
$28,090 54%
Previous ] L Next —
Acquisition
,710 23%
Airfield Drainage
$4,100 8%
t �Pl
� ''^fir.•+ � , f'r �N
3 „
MWC * ®IWO® r
PARK AND RECREATION
SHORTvnsaRANGE.__CIV_.,_
Baytrout Park:
Improv
$536 66%
Neighborhood Parks
Previous i ] Next
Recreation Centers
Security Systems
$50 6%
PARK AND- RECREATION
LONG-RANGE CIP
Beach Improv
Marina Improv $2,400 6%
$5,500 13%
Park Maint
Facilities —
$1,090 3%
Re Ctrs Improv
$�,15 1%
Neigh Park
Playground
Improv
$5,000 12%
Park Improv
$7,975 19%
Previous Next J
Page 114
Golf Courses
Im prov
$10,000 23%
Other
$605 1%
Tennis Ctr Improv
$495 1%
Aquatic Facilities
Improv
$8,775 21%
N �
C
�{e' o� ( ��� �� ��''4��_
�� <�1 _ � � �` �/
i
� E
e 'T'p D p � +itl ��
�� �� � �� y��Y�'� sJ
n y
} 4 i. ° a v
yGi i � �� � ' Y � � 1
fir: t0
f a
'� � � n � r. � �� ',gyp 4q.���{�,
�y � .' el
0 i� � � o
,. W
���� .
� � �
Y'
�=
PUBLIC FACILITIES
SHORT-RANGUCIP
Convention
Cjenter
25,400 38%
Previous _] Next ]
na
1 62%
Page 124
a
Col
Museum Improv
-airy
on/New
55%
Vr
Tr j��✓• SN
PUBLIC HEALTH /--SAFETY---
SHORT-RANGE CIP
Page 138
JFK Causeway
$4,000
Packery Channel
$109400 41%
FPrevious L_ Next
New
Landfill/Elliott
Im prov
$109750 43%
PUBLIC HEALTH /SAFETY
Police
H adquarters
4pansion
$1,800 '7%
Police Sub -
Stations
$2,500 10%
New Fire Stations
$3,000 43%
Previous_ L Next
Training Facility
$10,000 40%
e;•
r
i r.
i
Other
Sidewalk
A cessibili
Im prov
388 2%
Nei 9 borhood
Street
Reconstruction
$3,641 16%
$6,073 26%
Previous j [ Next
�•
Street
Improvements
$9,841 43%
STREETS-
LONG-RANGE
CIP
-
Guardrails Hike -n -Bike
$1,500 1 ° $1,500 1% City's Share New
Street Lighting Const
$3,000 2% $2,000 2%
Future 'hi
$10,000 8%
Traffic Signal
Upgrade
$4,500 4%
ghborhood
Street
)nstruction
1,500 31%
Street
Resurfacing
$8,390 7%
Next
Previous----] [
Page 214
Street
Improvements
$56,000 44%
Previous J Next f
i
GAS
SHORT-RANGE CIP
serval
$742
Compressed
Natural Gas
Previous J [ Next
Page 224
Southside
Transmission
Main
$1,258 54%
GAS
LONG-RANGE CIP
r,se 236
ervation Fe(
$742 18%
Previous j [ Next 1
Southside
transmission
Main
$7,201 82%
^,
r �,7�
e
• ► •y 7
�+
t
K.
STORM WATER
SHORT-RANGE---CIP-
$330 16%
Previous Next J
Page
242
Minor Drainage
Improv
$1,125 55%
d
STORM--WATER-
LONGmRANGE
Power St Pump
CIP-
East
John Sartain Station Water Street
Watershed $5,075 8% Pump Station
$1,920 3% Const
$18,500 29%
Leopa�d St.
Roadside Safety
Improv
$3,50q 5%
Vari us Drainage
S s Water
Quality Improv
$31,000 5%
Other
$21,415
Previous ( Next
Airport Ditch
) utfall Improv
$6,000 9%
Kostoryz-S.P.I.D.
to Holly Rd
Drainage Improv
$5,000 8%
Page 256
d
M M1
.._... .y. '. ...-. � _ _ _
__ �.
– 1. _ _ _ .. _. __.
..�_:__
_. _.. — _..'_v- ..
� : ..
� ��_ -
� ��- — -
- / `T _ r
�— --�_ � .x _...__
4:'�:, � , � _ _
.,
�:.
� sib ,. _ r ��� .. . r - >�.�t
A ��_.
- -
WASTEWATER--
SHORTmRANGE - CIP
- - - - --
Page 268
Broadway Plant
Laguna Madre Lift Station Infiltration/Inflow
Lift St tion at Plant Collection Improv Related
Saratoga)/Bucking System Rehab $4,7804 80% Collection System
h
�$Z,Z50 4'/° $6,283 10%
am \
$2,50;0 4%
McBride Lane
unk Main
Rehab
$2,750 4%
Staples St- Trunk
Mai Rehab
$2,730 4%
it Heads Lift
Ilion Upgrades
$2,300 4%
Lift Station
Improv/Carolyn
fights Diversion
$6,240 10%
Previous __ — [__ - - Next---___]
Oso Plant Grit
Chamber Rehab
$3,000 5%
Other
$30,945 47%
WASTEWATER-----
LONG-RANGE-CJP
Allison Plant
Improv
$239800 12%
CC Slip Channel
Utility Crossing
lte pl ac
$1X500 1%
Lag�na Madre
Plant Expansion—
$13,000 7%
Other
$54,325 '28
Sanitary Sewer
Installation in
Developed Areas
$9,000 5%
Previous l- Next_ J
Page 326
Broadway Plant
Diversion
$58,000 30%
Sanitary Sewer
Installation in
Developed Areas
$9,000 5%
Greenwood Plant
Expansion
$249000 12%
• q y ry
^1 5
•t � `1u' a �N r
Tj
f A`1
a* ! eZ h. ' $lti..ij"� aae.,a+"•`'.'
,r ,art i � � •Z'r Y � q: g. ! 'ra;" S x�...' . w
WATER
SHORT-RANGE CIP
Up River Road Upgrade
Transmission Undersized
Other
$9,514 1
Sav ge Lane
Pum ing Plan
Clea ell Replac
$12,600 20%
Previous -
[---- Next
Page 336
Southside
Transmission
Main Phase 2
$28,850 46%
yens Plant
i Water
System
$6,700 11%
WATER
LONG-RANGE CIP
Page 370
Upgrade Rodd Field Improv
i ndersized Water District
Lines $3,000 3%
co 250 11%
' Southside
Transmission
ON Steven Plant Main Phase 6&7
Sludge Dilposal $24,000 28%
Facility
$4,500 j 5%
Other
0,165 12%
ON Stevens Water
Ire tment Plan
dditional
Iearwells
$1 ,500 14%
_-�---� —
Previous � Next
Sedimentation
Basin No. 5
$23,000 27%
b e t
1
r ,
., y <.,
WATER SUPPLY
SHORT-RANGE CIP
Page 378
Padre Island
Desalination
$700 3%
Ch ke Canyon
Dam
$ ,215 11%
Calallen Salt
Water Barrier
Dam
$1,100 5%
Rincon Bayon
Pipeline
$6,500 32%
Previous Next — ---
i
Garwood Pipeline
$10,000 49%
WATERSUPPLY
LONG—RANGE CIP--moos)-
I
rnsr sea
irw{ od Pipeline
$88,000 90%
Previous
--- Next-- -�
Padre Island
Desalination
Facility Study
$109000 10%
UTILITY RATE MODEL
_- - Page 34
• Assumes inclusion of entire short-range
and long-range CIP
• Indicates need for 6% base rate
increase/year for all utilities
• Regh: fres additional increase for raw
water charge to support water supply
projects
r Previous ] F. Next
Planning Commission__
Recommendations
Approval of FY 2002 Capital Budget and Capital
Improvement Planning Guide with high priority given
!to the following long-range CIP projects:
• Charge scope of Everhart Road project to include
area, from Holly Rd. to Yorktown Blvd.
• Add a downtown infrastructure master plan and
associated improvements
• Move forward with police substations
• Include a hike and bike trail master plan
Previous Next
v
Y2002 CAPITAL BUDGET
SCHEDULE
f Previous ] ( Next
E
questions &Comments
questions &Comments
13
INTEROFFICE COMMUNICATION
TO:
THRU:
FROM:
SUBJECT:
DATE:
HONORABLE S. LOYD NEAL ,&ND CITY COUNCIL MEMBERS
GEORGE C. NOE, DEPLr'~' CITY MANAGER
MlCl-IAEL N. GUNNING, DIRECTOR OF PLANNING
RE-ZONING REQUESTS FROM GLENN LYONS, C&SE NOS. 1201-01 AND 1201-02
DECEMBER 31, 2001
Due to separate ownership of the subject tracts, the applicant Glenn Lyons, filed two sepante but
companion zomg applications on adjoining tracts located east of South Staples Street and south of
Wil!bms Drive. It is the applicant's intent to develop both tracts with retail, offices, and multi-family
uses along the north and south sides of the proposed extension of Curtis (3ark Drive. Curtis Clark
Drive will be constructed to connect with the stub end of Braeswood Drive at its intersection with
Williams Drive in order to provide a secondary access for the subject tracts and other developed
properties along Curtis Clark Drive from South Staples Street to Willi=ms Drive.
This explanation has been provided to avoid any confusion as you proceed through the public
hearings on Cases 1201-01 and 1201-02 as shown on the attached map.
If Oty Council so desires, the public heating on both zoning cases can be opened at the same time
for purposes of discussing and receiving public input. However, it will be necessary to vote on the
ordinances sepantely.
I-[\PLN- D IR\$ HARED\WORD\Z ONING\ LYONSMEMO.DOC
GI./EN ARBOR /
./
L ~A~
WI LKEY
A~2-
T2
DEC. 28. 2001 - RP
GLENN E LYONS
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: January 8, 2001)
Case No.: 1201-01~ Glenn E. I.vons: A change of zoning from a "R-2" Multiple Dwelling District to an
"AB" Protkssional Office District on I'ract I and "B-4" General Business District on Tract 2 on Flour Bluffand
Encinal Farm and Garden Tracts, Section 13, 7.89 acres out of Lots 18 and 19, located south of Williams Drive
and east of South Staples Street.
Planning Commission's and Staff's Recommendation (12/05/01): Approval.
Requested Council Action: Approval of an "AB" District on Tract 1 and "B-4" District on Tract 2 and
adoption of the auached ordinance.
Purpose of Request: To allow multiple-family, office, and retail development.
Summary: The applicant has requested a change of zoning from a "R-2" Multiple Dwelling District to an "AB"
Professional Office District on Tract I and "B-4" General Business District on Tract 2, to allow for an office and
retail development. Acreage of the requested "AB" District Tract I is 0.95 and the "B-4" District Tract 2 is 6.94,
totaling 7.89 acres.
The subject property is part of a 15.48 acre tract of undeveloped land zoned with a "R-2" District. The adjacent
"R-2" District property, not included within this zoning request, is south of the subject property and is pending a
change of zoning through a separate application to an "AB" District and "B-4" District (Zoning Case No.
1201-02). Ultimately, the two undeveloped "R-2" District properties are planned as a joint development.
The requested "B-4" District would be an expansion of the "B-4" District adjacent to the west. The proposed
mixed use development would be consistent with the development along S. Staples Street and Williams Drive.
The proposed development would provide the extension of Curtis Clark Drive to connect with Williams Drive.
As part of the connection with Williams Drive, the applicant proposes to purchase Lots 20 and 21, located on the
southeast corner of Williams Drive and Braeswood Drive, in order to widen Braeswood Drive and provide a
left4urn land and a right turn lane onto Williams Drive. This widen intersection will allow traffic to flow more
smoothly. The Williams/Curtis Clark connection will provide an alternate route tbr traffic currently limited to an
access out to S. Staples Street. The requested "B-4" District will have minimal impact on the adjacent residential
properties due to the proposed "AB" District buffer between the commercial area and the existing single-family
residential area.
Applicant's Position: The applicant concurs with Planning Commission's and Staff"s recommendation.
Notification: Prior to the date of this memorandum, thirty (30) notices were mailed to the property owners within a
200-foot radius, of which one (I) was returned in favor and none were returned in opposition. The 20% rule is not
in effect at the City Council hearing.
~ Michael N. Gunning, AICP
Director of Planning
MG/MS/mb
Agenda Memorandum
Case No. 1201-01 {Glenn E. Lyons}
Page 2
Attachments:
1 ) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
Pages
Page
Pages
Pages
3 -11
12
13 - 14
15-18
HSPLN_DiR\ER34A\WORDXAGENDMEM\1201-01AGEN DAM EMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
1201-01
December 5, 2001
H16C, D (91-13, 14)
Glenn E. Lyons
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Ad[acent Zoning:
Current Use of Property:
Request:
7.89 acres
15.488 acres
"R-2" Multiple Dwelling District
"AB" Professional Office District on Tract 1
"B-4" General Business District on Tract 2
Undeveloped.
To allow for a multiple-family, office and retail
development
Not Applicable.
North - "R- 1B" One- family Dwelling District and "R- 1B/SP" One- family Dwelling District with
a Special Permit
South - "R-2" Multiple Dwelling District
East - "R-lB" One-family Dwelling District
West ~ "B-4" General Business District
Area of Request:
Lot{s) Area:
Current Zoning:
Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.89 acres out of Lots 18 and 19,
located south of Williams Drive and east of South Staples Street.
Zoning Report
Case No. 1201-01 (Glenn E. Lyons
Page 2
Adiacent Land Use:
North - Senior apartment complex, county health clinic and head start school.
South - Undeveloped land.
East - Single-family residences.
West - Undeveloped land.
Number of Residential Units Allowed:
"R-2" - 114 units (14.52 dwelling units per acre)
"AB" - 34 units (36.30 dwelling units per acre on 0.95 acres))
"B-4" - 251 units (36.30 dwelling units per acre on 6.94 acres)
Estimated Traffic Generation:
General Office Buildings - 625 vehicles per peak hour or average 24-hour period of 5,000 vehicles.
Adiacent Streets/Classification:
a)
b)
c)
South Staples Street - arterial.
Williams Drive - collector
Curtis Clark Drive - collector
Ri~ht-of-W~
Current:
a)
b)
c)
90-foot right-of-way with a 66-foot back-to-back paved section.
80-foot fight-of-way with a 27-foot back-to-back paved section.
60-foot right-of-way with a 40-foot back-to-back paved section. (Currently road does not
exist within subject property)
Planned:
a)
b)
c)
Same as current.
80-foot right-of-way with 48-foot back-to-back paved section.
Same as current.
1996 Traffic Count (24-hour, ~veekdav, non-directional):
a)
b)
c)
41,880 vehicles per day.
10,470 vehicles per day.
2,500 vehicles per day.
Zoning Report
Case No.1201-01 (Glenn E. Lyonsl
Page 3
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In July 1997, Glen Arbor Unit 3, Blockl, Lot lA, located on the south side of Curtis Clark Drive,
approximately 750 feet east of South Staples Street, and approximately 300 feet south of the subject
property was granted a zoning change from "R-1B" One-family Dwelling District and "B4" General
Business District to "R-2" Multiple Dwelling District, for the development of an apartment complex.
Zoning Inventory:
The subject property is part of a 15.48-acre tract of land zoned a "R-2" District that is undeveloped
and located east of South Staples Street and south of Williams Drive. To the north is developed
"R-lB" District property with a special permit allowing for an apartment complex. Further along the
north corridor are a county health clinic and a head start school. South of the subject property is
7.598 acres of undeveloped "R-2" District property. To the east is a large area of"R-lB" District
property developed with single-family residences. West of the subject property there is
approximately 10-acres of land zoned a "B-4" District and is undeveloped.
Planning Staff Analysis:
· General Characteristics and Background: The applicant has requested a change of zoning
from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1
and "B-4" General Business District on Tract 2, to allow for an office and retail
development. Acreage of the requested "AB" District Tract I is 0.95 and the "B-4" District
Tract 2 is 6.94, totaling 7.89 acres.
The subject property is part of a 15.48 acre tract of undeveloped land zoned with a "R-2"
District. The adjacent "R-2" District property, not included within this zoning request, is
south of the subject property and is pending a change of zoning through a separate
application to an "AB" District and "B-4" District (Zoning Case No. 1201-02). Ultimately,
the two undeveloped "R-2" District properties are planned as a joint development.
The requested "B-4" District would be an expansion of the "B-4" District adjacent to the
west. The proposed mixed use development would be consistent with the development along
S. Staples Street and Williams Drive. The proposed development would provide the
extension of Curtis Clark Drive to connect with Williams Drive. As part of the connection
with Williams Drive, the applicant proposes to purchase Lots 20 and 21, located on the
southeast comer of Williams Drive and Braeswood Drive, in order to widen Braeswood
Drive and provide a left-turn land and a right-tm lane onto Williams Drive. This widen
intersection will allow traffic to flow mom smoothly. The Williams/Curtis Clark connection
will provide an alternate route for traffic currently limited to an access out to S. Staples
Zoning Report
Case No.1201-01 (Glenn E. Lyons)
Page 4
Street. The requested "B-4" District will have minimal impact on the adjacent residential
properties due to the proposed "AB" District buffer between the commercial area and the
existing single-family residential area.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of the requested "AB" and "B-4" Districts
due to its direct access to a road that directly connects with an arterial, S. Staples Street, and
a collector, Williams Drive. The Southside Area Development Plan's adopted future land
use map recommends the area to develop with medium-density residential. The requested
"AB" and "B-4" Districts are not consistent with the Plan's recommended land use, but can
support the "AB" and "B-4" Districts due to its allowance of multiple-family uses and the
extension of Curtis Clark Drive that will serve a greater population.
Potential Housin~ Density: Both the "AB" and "B-4" Districts permit a residential density
of 36.30 dwelling units per acre or 34 and 251 units respectively on the subject property. The
permitted number of units xvith the extension of Curtis Clark Drive will not adversely impact
the area.
Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-4" Districts require a fi'ont yard setback
of twenty (20) feet. The side and rear yard of the "AB" District is ten (10) feet each and the
"B-4" District does not require a side or rear yard setback 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" District are limited to a height of three (3)
stories not to exceed 45 feet. Buildings in the "B-4" District are unlimited as to height.
Signage: Signs in the "AB" District are limited to one wall sign with an area not to exceed
twenty (20) square feet and each business may have a one square foot identification wall
sign. However, with Planning Commission approval, one fi-eestanding 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-4" District permits unlimited wall and fi'eestanding signs as to area and
height when placed out of the twenty (20) foot yard setback. Signs within the 20-foot fi'ont
yard are limited to one fi'eestanding sign with an area not to exceed forty (40) square feet and
a height of 25 feet.
Traffic Im. gact Analysis.' The requested "AB" and "B-4" Districts would allow for office
development and apartments, as well as commercial uses in the "B-4" District. Street plans
for the property include the extension of Curtis Clark Drive, which presently is a dead-end
street east of South Staples Street, to Braeswood Drive (a collector street) and for the
extension of Braeswood Drive to Williams Drive, a through collector. Therefore, the
property would have access to one (1) major arterial and one (1) through collector roadway.
The Curtis Clark Drive and Braeswood Street extension to Williams Drive is a planned street
connection per the Master Transportation Plan.
Zomng Report
Case No.1201-01 (Glenn E. Lyons}
Page 5
With the allowed development based on the proposed zoning traffic on Williams Drive will
increase an additional 5,000 vehicles per day. This does not include additional traffic
demand from motorists who may choose to avoid the South Staples Street at Williams Drive
intersection by using the new Curtis Clark Drive connection to Williams Drive. This
"cut-thru" traffic could add up to 500 vehicles per day. Overall, the total traffic demand on
Curtis Clark Drive and Braeswood Street is estimated at 8,000 vehicles per day, which is
within the 10,000 vehicles per day service capacity for Williams Drive.
It is estimated that approximately 30-35 percent of this overall traffic demand on Williams
Drive will be destined to and from the South Staples Street and Curtis Clark Drive
intersection, with the remainder destined to and from Braeswood Street and Williams Drive
intersection. This may necessitate traffic signal control at the Braeswood Street and Williams
Drive intersection. Signal control is not anticipated for the South Staples Street and Curtis
Clark Drive intersection due to its close proximity to South Staples Street and Williams
Drive intersection. Williams Drive is anticipated to be widened in a furore capital
improvement program.
Parking/Screening: An office use is required to provide off-street parking at a rate of one
parking space for each 200 square feet of gross floor area or a minimum of five (5) spaces.
Multi-family uses are required to provide one and one-half (1 1/2) spaces per one (1)
bedroom unit and two (2) spaces per unit over one (1) bedroom. Compliance with the
parking regulations will be enforced during the permitting phase of the project. A standard
screening fence with a height of not less than six (6) feet is required when a business or
industrial use locates adjacent to a residential district. A standard screening fence will be
required along the north and east property lines.
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 will require platting before construction activities.
Pros: (Ideas in support of the request.)
a) The subject property has access to an arterial without traversing a residential area.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The existing "R-2" District is more consistent with the Southside Area Development Plan's
adopted future land use map.
b)
Approval of a "B-4" District may allow the development of multi-family uses that could
produce higher volumes of traffic along South Staples Street and Williams Drive.
Zoning Report
Case No. 1201-01 (Glenn E. Lyons)
Page 6
Staff Recommendation:
Attachments:
Approval.
Zoning and Ownership Map
Ownership List
ARBOR
UN)T 4
WILK~
~-2
R-2
GlEN ARBOR UNIT
2
R-2
Nov 29. 2.001 -- RP
CASE Z1201-O1
R-lB
~0
A-I
· - Property Owner in Favor
X Property Owner Opposed
Subiect property See Comments on Page(s) ~,
Owners within 200 feet listed on ett;ched o~nership I'ist
lb
OWNERSHIP LIST
CASE NO. 1201-01
Applicant: Glenn E. Lyons
13901 Cabana North 78418
1
Z1201-01 247600130175
LUNDGREN W L & BILL M LOW
4350 OCEAN DR #405
CORPUS CHRISTI TX 78412
OIFLOUR BLUFF & ENC FRM GDN
TR02T 7.890 ACS OUT OF MID POR
O03LTS 18 & 19 SEC 13
4
ZI201-01 282300040022
BROTHERS TKEI
6118 S PADRE ISLAND DRIVE
CORPUS CHRISTI TX 78412
01GLEN ARBOR #4 LT 2B BLK 4
7
Z1201-01 309000040100
CACEKES YOLANDA
1737 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 10
B024
10
ZI201-01 309000040130
ARREDONDO JUVENAL ET UX
ADELINA ARREDONDO
1725 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 13
B024
13
ZI201-01 309000040160
GARILETT DEBBIE K
1713 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 16
B024
16
ZI201-01 309000040190
GUTIERREZ RODOLFO R
ET UX
1701 LESLE LN
COP.PUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 19
B024
Representative: Same
2
ZI201-01 282200010015
ONE PLEASANT GREEN PLACE,
% FLORES ELIZONDO, INC
816 CONGRESS AVE.,STE 175
AUSTIN TX 78701
01GLEN ARBOR UNIT 3 LT lA BLK
5
ZI201-01 309000040080
KOLODZEY STANLEY C
1805 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 8 BK
8
ZI201-01 309000040110
SANDOVAL RICHARD M ET UX
IRMA G
1733 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 11
B024
11
ZI201-01 309000040140
LISCANO MARINA
1721 LESLE LANE
CORPUS CHRISTI TX 78412
0IGULFWAY AIRLINE PK 1 LT 14
B024
14
Z1201-01 309000040170
ROGERS WINFRED H
1709 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 17
B024
17
Z1201-01 309000040200
CITY OF CORPUS CHRISTI
CORPUS CHRISTI TX 78401
01GULFWAY AIRLINE PK 1 LT 20
B024
3
Z1201-01 282300010080
GULFWAY SHOPPING CENTER
C/O ROY SMITH
P O BOX 8149
CORPUS CHRISTI TX 78468
01GLEN ARBOR 84 LT 8 BLK 1
UND02/2 INT
6
Z1201-01 309000040090
GARCIA FLAVIO ET UX
1801 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLiNE PK I LT 9 BK
9
Z1201-01 309000040120
GARCIA PATRICIA R
1729 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 12
B024
12
Z1201-01 309000040150
BENAVIDES DELPHI
1717 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 15
B024
15
Z1201-01 309000040180
GARCIA RAYMOND ET UX
1705 LESLE LN
CORPUS CHRISTI TX 78412
O1GULFWAY AIRLINE PK 1 LT 18
B024
17
Z1201-O1 309000040210
CITY OF CORPUS CHRISTI
CORPUS CHRISTI TX 78401
OIGULFWAY AIRLINE PK I LT 21
B024
Ownership List
Case No. 1201-01 (Glenn E. Lyons)
Page 2
18
Z1201-01 309000050080
GUERRA KELLiE DUNCAN
1802 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 8 BK
21
ZI201-01 309000060030
HAMMOND RICHARD D
1730 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 3 BK
24
ZI201-01 309000060060
HERRERA O M
1718 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AlP. LINE PK I LT 6 BK
27
Z1201-01 309000060090
ELIZONDO ESTEBAN ET UX
1706 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 9 BK
29
Z1201-01 309000090020
ARROW SMITH LIMITED
% HAPI MANAGEMENT
9090 WILSHIKE 3RD FLOOR
BEVERLY HILLS CA 90211
01GULFWAY AIRLINE PARK LTS 2
&02 BK 9
19
ZI201-01 309000060010
ZEPEDA ALEJANDRO
1738 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 1 BK
22
Z1201-01 309000060040
GILBREATH JOHN C & MARCIA
1726 LESLE LN
CORPUS CHRISTI TX 78412
0IGULFWAY AIRLINE PK l LT 4 BK
25
Z1201-01 309000060070
ROUQUETTE THOMAS W
1714 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 7 BK
28
ZI201-01 309000060100
GALINDO JOSE MARLO
1702 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 10
B026
0
ZI201-01 247600130178
FOWLER WILLIE PEARL AND
LEOLA LOIS GLOVER
4618 DONEGAL
CORPUS CHRISTI TX 78413
01FLOUR BLUFF & ENC FP~M GDN
TR02T N7.890 ACS OUT OF LTS 18
&039 SEC 13
20
Z1201-01 309000060020
MARTINEZ ANTONIO W
1734 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT2 BK
23
Z1201-01 309000060050
VILLARREAL PEDRO G
1722 LESLE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK. 1 LT 5 BK
26
ZI201-01 309000060080
RIVERA REBECCA
1710 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 8 BK
17
Z1201-01 309000090010
CITY OF CORPUS CHRISTI
CORPUS CHRISTI TX 78401
01GULFWAY AIRLINE PK 1 LT 1 BK
LEROY SAN MIGUEL
CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT
MAINTENANCE DEPARTMENT
P. O. DRAWER 110
CORPUS CHRISTI, TX 78403
COMMENTS RECEIVED
FROM NOTICES MAILED
CASE NO. 1201-01
Glenn E. Lyons
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
II.
III.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor:
,, Willie Pearl Fowler-Finley and Leola Lois Glover
"We feel that property is not suitable for Multiple Dwelling District and that zoning
change to "AB" and General Business District would best serve the community and
City in appearance and Tax dollars. We have a real problem with homeless people
trespassing and trashing this property."
Opposition: None.
H:~LN.DIR~ERMA\WORD~COMM DATA~COMM ENTSS HELL.doc
DRAFT - PLANNING COMMISSION MINUTES
December 5, 2001
Mr. Saldafia read both Glen E. Lyons cases into the record as follows.
Glenn E. Lyons: 1201-01
REQUEST:
"R-2" Multiple Dwelling District to "AB" Professional Office District on Tract l and "B-
4" General Business District on Tract 2 on property described as Flour Bluff and Encinal
Farm and Garden Tracts, Section 13, being 7.89 acres out of Lots 18 and 19, located
south of WilIiams Drive and east of South Staples Street.
and
Glenn E. Lyons: 1201-02
REQUEST:
"R-2" to "AB" Professional Office District and "B-4" General Business District on
property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 13, being
7.598 acres out of Lots 18 and 19, and located south of Williams Drive and east of South
Staples Street.
Mr. Saldafia presented a computerized slide illustration of both subject properties (Case Nos.
1201-01 and 1201-02) and the surrounding property. The subject property ~s part of a 15.48-acre tract of
land zoned a "R-2" District that is undeveloped and located east of South Staples Street and south of
Williams Drive. To the north is developed "R-lB" District property with a special permit allowing for an
apartment complex. Further along the north corridor area a county health clinic and a head start school.
South of the subject property is 7.598 acres of undeveloped "R-2" District property. To the east is a large
area of "R-lB" District property developed w~th single-family residences. West of the subject property
there is approximately 10-acres of land zoned a "B4" District and is undeveloped
Mr. Saldafia said that the applicant has requested a change of zoning from a "R-2" Multiple
Dwelling District to an "AB" Professional Office District on Tract I and "B-4" General Business District
on Tract 2, to allow for an office and retail development. Acreage of the requested "AB" District Tract I is
0.95 and the "B4" District Tract 2 is 6.94, totaling 7.89 acres (Case No. 1201-01). Acreage of the
requested "AB" District Tract I is 0.95 and the "B-4" District Tract 2 is 6.64, totaling 7.59 acres (Case No.
1201-02). Ultimately, the two undeveloped "R-2" District properties are planned as a joint development.
The requested "AB" and "B-4" Districts would allow for office developmem and apartments, as
well as commercial uses in the "B-4" District. Street plans for the property include the extension o£ Curtis
Clark Road to South Staples Street, an arterial, and for the extension of Braeswood Drive connecting to
Williams Drive, a collector. The property would have access to one (1) arterial and one (1) collector
roadway. The Curtis CIark and Braeswood Street extension is a planned street connection per the
Transportation Plan.
With the development of office uses, added traffic volume during a 24-hour period would increase
by an additional 5,000 vehicles. This does not include additional traffic demand from motorists who will
choose to avoid the South Staples at Williams intersection by using the new Curtis Clark connection to
Williams Drive. "Cut-thru" traffic could total up to 500 vehicles per day. It is estimated that 70 percent of
the 5,000 vehicles or 3,750 vehicles will travel during normal business hours. Overall, the total traffic
demand on Curtis Clark and Braeswood is estimated at 7,000 vehicles per day, which is within the service
capacity of 10,000 vehicles per day for this street. It is estimated that approximately 30-35 percent of this
overall demand will be destined to and from the Staples and Curtis Clark intersection, with the remainder
destined to and from Braeswood and Williams intersection. This could necessitate traffic signal control at
the Braeswood and Williams intersection. Signal control is not anticipated for the Staples and Curtis Clark
intersection due to its proximity to Staples and Williams intersection.
Draft - Planning comrmssion Minutes
Case No. 1201-0l (Glean E. Lyons)
Page 2
Since office and retail development is planned for Tracts I and 2, the requested "B-4" District on
Tract 2 should be amended to the "B-3" District which would eliminate the possibility of multi-family
development, a higher traffic generator. A "B-3" Business District would only provide for office and retail
uses with traffic demands that are within the service capacity of the street systems. Additionally, the
requested "B-3" District area would serve as a transitional zone along the west boundary that is adjacent to
~'B-4" District zoned t~roperty, to the north, the "B-3" District would abut a senior apartment complex and
educational agency i~tead of a single-t~.rmly residence in the adjacent "R-lB" District. The proposed
"AB" District on the east portion would be a transitional zone to the adjacent "R-lB" District property to
the east adjacent.
The Comprehensive Plan Elements can be supportive of the requested "AB" District on Tract 1,
due to its limited land area if developed multi-family rather than office use. A multi-family land use on the
"AB" District area would generate a low volume of traffic due to the limited acreage of the area. Office
uses within the "AB" District would generate a Iow traffic volume that the plan supports. However, it is
not supportive of the "B-4" District on Tract 2 which could be developed with multi-family uses on the
6.94 acres instead of office development which is a lower traffic generator. Designating the proposed
"B4" Disn-ict area as a "B-3" District would eliminate the possibility of multi-family development, a use
associated with higher traffic volumes. The Southside Area Development Plan's adopted future land use
map recommends the area to develop with low density residential. The requested "B-4" District is not
consistent with the Plan's recommended land use. but can generally support the "AB" and "B-3" Districts.
The W~B' District property would serve as a transttion zone from the "R-lB" District property to the east.
Properly adjacent to the north and west of the "B-3" District are not characterized as being low in density;
i.e., senior apartment and educational agency, thus retail and office uses on the requested "B-3" District are
compatible to this property.
Mr. Saldafia said that staff recommends approval of the "AB" Disn'ict on Tract I and denial of the
"B-4" District on Tract 2 and in lieu thereof, approval of the "B-3" Business District on Tract 2 (Case No.
1201-01) approval of the "AB" District on Tract 1 and denial of the "B4" District on Tract 2 and in lien
thereof, approval of the "B-3" Business Dismct on Tract 2 (Case No. 1201-02).
Public hearing was opened.
Glen Lyons, 13901 Cabana North, responded to comrmssioner Sween-McGloin by saying that he
was not in agreement with staff's recommendation of "B-3" Dismict. He said that he plans to develop a
residential complex and needs "B-~." District. The main entrance into the neighborhood will be Brasewood
Drive from Williams Drive.
Public hearing was closed.
Commassioner Richter said that she supported the densiD' level and mixed use and continued that
the residential development would be beneficial.
Motion by Sween-McGloin, seconded by Richter, to forward a recommendation for approval of an
"AB" Professional Office District on Tract I and "B-4" General Business District on Tract 2 (Case No.
1201-01). Motion passed.
Motion by Sween-McGloim seconded by Richter to forward a recommendation for approval of an
"AB" Professional Office Distxict on Tract I and a "B-4" General Business District on Tract 2 (Case No.
1201-02). Motion passed.
14
INTEROFFICE COMMUNICATION
TO:
THRU:
FROM:
SUBJECT:
DATE:
HONORABLE S. LOYD NE.AL AND CITY COUNCIL MEMBERS
GEORGE C. NOE, DEPLTY CITY .MANAGER ·
MICI-IAEL N. GUNNTNG, DIRECTOR OF PLANNING
RE-ZONING REQUESTS FROM GLENN LYONS, CASE NOS. 1201-01 AND 1201-02
DECEMBER 3 I, 2001
Due to sepante ownership of the subject tracts, the applicant Glenn Lyons, filed two separate but
companion zoning applications on adjoining tracts located east of South Staples Street and south of
Wilti~ms Drive. It is the applicant's intent to develop both tracts with retail, offices, and multi-family
uses along the north and south sides of the proposed extension of Curtis Clark Drive. Curtis Clark
Drive will be constructed to connect with the stub end of Braeswood Drive at its intersection with
Wdliams Drive in order to provide a secondary access for the subject tracts and other developed
properties along Curtis CLark Drive from South Staples Street to Williams Drive.
This explanation has been provided to avoid any confusion as you proceed through the public
heatings on Cases 1201-01 and 1201-02 as shown on the attached map.
If City Council so desires, the public hearing on both zoning cases can be opened at the same time
for purposes of discussing and receiving public input. However, it will be necessaryto vote on the
ordinances separately.
H;kPLIq- DIRkSHARED\ WORD\Z ONING\ LYON$1vIEMOX)OC
ARBOR
I
R--2
A--2
WI LKEY
A--1
I LK~Y !
T2
A--1
DEC. 28, 2001 - RP
GLENN E. LYONS
It-tO One-Fq~lily O~tllinQ Dist.
H Ikltlple Ow~lling Dist.
~-1 ~er~t ~ae Oist.
~ ~or~t ~# Oist.
~ ~Ofllli~l Office Diat.
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: January 8, 2001)
Case No.: 1201-02~ Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an
"AB' Prot'cssional Office District on Tract I and "B-4" General Business District on Tract 2 Flour Bluffand
Enciual Farm and Garden Tracts, Section 13, 7.598 acres out of Lots 18 and 19, located south of Williams Drive
and east of Sonth Staples Street.
Planning Commission's and Staff's Recommendation 02/05/01): Approval.
Requested Council Action: Approval of the "AB" District on Tract 1 and "B-4" District on Tract 2 and
adoption of the attached ordinance.
Purpose of Request: To allow multiple-family, office, and retail development.
Summary: The applicant has requested a change of zoning from a "R-2" Multiple Dwelling District to an "AB"
Professional Office District on Tract I and "B-4" General Business District on Tract 2, to allow for an office and
retail development. Acreage of the requested "AB" District Tract 1 is 0.95 and the "B-4" District Tract 2 is 6.64,
totaling 7.59 acres.
The subject property is part of a 15.48 acre tract of undeveloped land zoned with a "R-2" District. The adjacent
"R-2' District property, not included within this zoning request, is north of the subject property and is pending a
change of zoning through a separate application to an "AB" District and "B-4' District (Zoning Case No.
1201-01). Ultimately, the two undeveloped "R-2" District properties are planned as a joint development.
The requested "B-4" District would be an expansion of the "B-4" District adjacent to the west. The proposed
mixed use development would be consistent with the development along S. Staples Street and Williams Drive.
The proposed development would provide the extension of Curtis Clark Drive to connect with Williams Drive.
As part of the connection with Williams Drive, the applicant proposes to purchase Lots 20 and 21, located on the
southeast corner of Williams Drive and Braeswood Drive, in order to widen Braeswood Drive and provide a
left-turn land and a right-turn lane onto Williams Drive. This widen intersection will allow traffic to flow more
smoothly. The Williams/Curtis Clark connection will provide an alternate route for traffic currently limited to an
access out to S. Staples Street. The requested "B-4" District will have minimal impact on the adjacent residential
properties due to the proposed "AB" District buffer between the commercial area and the existing single-family
residential area.
Applicant's Position: The applicant concurs with Planning Commission's and Staff's recommendation;
Notification: Prior to the date of this memorandum, thirty-two (32) notices were mailed to the property owners
within a 200- foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect at
the City Council hearing.
Director o f Planning
MG/MS/mb
Agenda Memorandum
Case No. 1201-02 (Glenn E. Lyons)
Page 2
Attachments:
1) Zomng Report
2) Comments Received
3) Planning Comrmssion Minutes
4) Ordinance
Pages
Page
Pages
Pages
3-11
12
13 -14
15 -18
HSPLN.DIR\ERMA',WORD~AGENDM EM\1201-02AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
1201-02
December 5, 2001
HI6C, D (91-13, 14)
Glenn E. Lyons
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoninl~:
North - "R-2" Multiple Dwelling District
South - "R-2" Multiple Dwelling District
East -"R-1B"One-family Dwelling District
West - "B-4" General Business District
7.598 acres
15.488 acres
"R-2" Multiple Dwelling District
"AB" Professional Office District on Tract 1
"B-4" General Business District on Tract 2
Undeveloped.
To allow for a multiple-family, office and retail
development
Not Applicable.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Flour Bluff and Encinal Farm and Garden Tracts, Section 13.7.598 acres out of Lots 18 and 19,
located south of Williams Drive and east of South Staples Street.
Zoning Report
Case No.1201-02 (Glenn E. L¥onsl
Page 2
Adiacent Land Use:
North - Undeveloped land.
South - Apartment complex.
East - Single-t'amily residences.
West - Undeveloped land.
Number of Residential Units AIIosved:
"R-2" - 110 units (14.52 dwelling units per acre)
"AB" - 34 units (36.30 dwelling units per acre on 0.95 acres)
"B-4" - 241 units (36.30 dwelling units per acre on 6.64 acres)
Estimated Traffic Generation:
General Office Buildings - 625 vehicles per peak hour or average 24-hour period of 5,000 vehicles.
Adiacent Streets/Classification:
a)
b)
c)
South Staples Street - arterial.
Williams Drive - collector
Curtis Clark Drive - collector
Right-of-Way Design
Current:
a)
b)
c)
90-foot right-of-way with a 66-foot back-to-back paved section.
80-foot right-of-way with a 27-foot back-to-back paved section.
60-foot right-of-way with a 40-foot back-to-back paved section. (Currently road does not
exist within subject property)
Planned:
a)
b)
c)
Same as current.
80-foot right-of-way with 48-foot back-to-back paved section.
Same as current.
1996 Traffic Count (24-hour, weekdav~ non-directional):
a)
b)
c)
41,880 vehicles per day.
10,470 vehicles per day.
2,500 vehicles per day.
Zoning Report
Case NoA201-02 (Glenn E. Lyons~
Page 3
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In July 1997, Glen Arbor Unit 3, Blockl, Lot lA, located on the south side of Curtis Clark Drive,
approximately 750 feet east of South Staples Street, and adjacent to the south of the subject property
was granted a zoning change fi.om "R-lB" One-family Dwelling District and "B-4" General Business
District to "R-2" Multiple Dwelling District, for the development of an apartment complex.
Zoning Inventory:
The subject property is part of a 15.48-acre tract of land zoned an "R-2" District that is undeveloped
and located east of South Staples Street and south of Williams Drive. Further north, along Williams
Drive, is developed "R-lB" District property with a special permit allowing for an apartment
complex. A county health clinic and a head start school are also located along the Williams Drive
corridor. South of the subject property is 14.21 acres of "R-2" District property developed as an
apartment complex. To the east is a large area of "R-lB" District property developed with
single-family residences. West of the subject property there is undeveloped "B-4" District property.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
fi'om a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1
and "B-4" General Business District on Tract 2, to allow for an office and retail
development. Acreage of the requested "AB" District Tract 1 is 0.95 and the "B-4" District
Tract 2 is 6.64, totaling 7.59 acres.
The subject property is part of a 15.48 acre tract of undeveloped land zoned with a "R-2"
District. The adjacent "R-2" District property, not included within this zoning request, is
north of the subject property and is pending a change of zoning through a separate
application to an "AB" District and "B-4" District (Zoning Case No. 1201-01). Ultimately,
the two undeveloped "R-2" District properties are planned as a joint development.
The requested "B-4" District would be an expansion of the "B-4" District adjacem to the
west. The proposed mixed use development would be consistent with the development along
S. Staples Street and Williams Drive. The proposed development would provide the
extension of Curtis Clark Drive to connect with Williams Drive. As part of the connection
with Williams Drive, the applicant proposes to purchase Lots 20 and 21, located on the
southeast comer of Williams Drive and Braeswood Drive, in order to widen Braeswood
Drive and provide a left-mm land and a right-mm lane onto Williams Drive. This widen
intersection will allow traffic to flow mom smoothly. The Williams/Curtis Clark connection
will provide an alternate mute for traffic currently limited to an access out to S. Staples
Zoning Report
Case No.1201-02 (Glenn E. Lyons~
Page 4
Street. The requested "B-4" District will have minimal impact on the adjacent residential
properties due to the proposed "AB" District buffer between the commercial area and the
existing single-family residential area.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of the requested "AB" and "B-4" Districts
due to its direct access to a road that directly connects with an arterial, S. Staples Street, and
a collector, Williams Drive. The Southside Area Development Plan's adopted future land
use map recommends the area to develop with medium-density residential. The requested
"AB" and "B-4" Districts are not consistent with the Plan's recommended land use, but can
support the "AB" and "B-4" Districts due to its allowance of multiple-family uses and the
extension of Curtis Clark Drive that will serve a greater population.
Potential Housing Density: Both the "AB" and "B-4" District permit a residential density
of 36.30 dwelling units per acre or 34 and 241 units respectively on the subject property. The
permitted number of units with the extension of Curtis Clark Drive will not adversely impact
the area.
Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-4" Districts require a front yard setback
of twenty (20) feet. The side and rear yard of the "AB" District is ten (10) feet each and the
"B-4" District does not require a side or rear yard setback 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" District are limited to a height of three (3)
stories not to exceed 45 feet. Buildings in the "B-4" District are unlimited as to height.
Signage: Signs in the "AB" District are limited to one wall sign with an area not to exceed
twenty (20) square feet and each business may have a one square foot identification wall
sign. However, with Planning Commission approval, one freestanding sign with a height of
fifteen (15) feet and an area of twenty (20) square feet in lieu of the wall sign may be
permitted. The "B-4" District permits unlimited wall and freestanding signs as to area and
height when placed out of the twenty (20) foot yard setback. Signs within the 20-foot front
yard are limited to one freestanding sign with an area not to exceed forty (40) square feet and
a height of 25 feet.
Traffic ~__.~act Analysis: Traffic Impact Analysis: The requested "AB" and "B-4" Districts
would allow for office development and apartments, as well as commercial uses in the "B-4"
District. Street plans for the property include the extension of Curtis Clark Drive, which
presently is a dead-end street east of South Staples Street, to Braeswood Drive (a collector
street) and for the extension of Braeswood Drive to Williams Drive, a through collector.
Therefore, the property would have access to one (1) major arterial and one (I) through
collector roadway. The Curtis Clark Drive and Braeswood Street extension to Williams
Drive is a planned street connection per the Master Transportation Plan.
Zoning Report
Case NoA201-02 (Glenn E. Lyons~
Page 5
With the allowed development based on the proposed zoning traffic on Williams Drive will
increase an additional 5,000 vehicles per day. This does not include additional traffic
demand from motorists who may choose to avoid the South Staples Street at Williams Drive
intersection by using the ne~v Curtis Clark Drive connection to Williams Drive. This
"cut-thru" traffic could add up to 500 vehicles per day. Overall, the total traffic demand on
Curtis Clark Drive and Braeswood Street is estimated at 8,000 vehicles per day, which is
within the 10,000 vehicles per day service capacity for Williams Drive.
It is estimated that approximately 30-35 pement of this overall traffic demand on Williams
Drive will be destined to and from the South Staples Street and Curtis Clark Drive
intersection, with the remainder destined to and from Braeswood Street and Williams Drive
intersection. This may necessitate traffic signal control at the Braeswood Street and Williams
Drive intersection. Signal control is not anticipated for the South Staples Street and Curtis
Clark Drive intersection due to its close proximity to South Staples Street and Williams
Drive intersection. Williams Drive is anticipated to be widened in a future capital
improvement program.
Parking/Screening: An office use is required to provide off-street parking at a rate of one
parking space for each 200 square feet of gross floor area or a minimum of five (5) spaces.
Multi-family uses are required to provide one and one-half (1-1/2) spaces per one (1)
bedroom unit and two (2) spaces per unit over one (1) bedroom. Compliance with the
parking regulations will be enfomed 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 south and east property lines.
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 will require platting prior to construction activities.
Pros: (Ideas in support of the request.)
a) The subject property has access to an arterial without traversing a residential area.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The existing "R-2" District is more consistent with the Southside Area Development Plan's
adopted future land use map.
b)
Approval of a "B-4" District may allow the development of multi-family uses that could
produce higher volumes of traffic along South Staples Street and Williams Drive.
Zoning Report
Case No. 1201-02 (Glenn E. Lyons~
Page 6
Staff Recommendation:
Attachments:
Approval.
Zoning and Ownership Map
Ownership List
H :\PLN .DiR\ER M A\WOR D\ZONRPTS\ 12014}2CCREPORT.DOC
B-4
B-4
ARBOR
MANOR TERRAC£
l~qB
WILKEY
A-2
A-I
TRACT
TRACT
I~-IB
A-i
J=n 2, 2002
CASE Z1201-02
· - Property Owner in Favor
X Property Owner Opposed
Subject property See Comments on Page(s) I'~
Owners within 200 feet liltld on <~ttoched ommr~ip lilt
Applicant: Glenn E. Lyons
13901 Cabana North 78418
l
Z1201-02 247600130178
FOWLER WILLIE PEARL AND
LEOLA LOIS GLOVER
4618 DONEGAL
CORPUS CHRISTI TX 78413
01FLOUR BLUFF & ENC FR~M GDN
TR02T N7.890 ACS OUT OF LTS 18
&039 SEC 13
3
Z1201-02 282300010075
GULFWAY SHOPPING CENTER
C/O BILL J BROWN
P O BOX 8229
CORPUS CHRISTI TX 78412
0IGLEN ARBOR #4 LT 7 BLK 1
UND02/2 INT
4
Z1201-02 282300040022
BROTHERS TREI
6118 S PADRE ISLAND DRIVE
CORPUS CHRISTI TX 78412
01GLEN ARBOR 84 LT 2B BLK 4
7
Z1201-02 309000040050
RODRIGUEZ FERNANDO JR
1817 LESLE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 5 BK
10
Z1201-02 309000040080
KOLODZEY STANLEY C
1805 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 8 BK
13
Z1201-02 309000040110
SANDOVAL RICHARD M ET UX
IRMA G
1733 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT II
B024
OWNERSHIP LIST
CASE NO. 1201-02
Representative: Same
2
Z1201-02 282200010015
ONE PLEASANT GREEN PLACE.
% FLOILES ELIZONDO. INC
816 CONGRESS AVE.,STE 175
AUSTIN TX 78701
01GLEN ARBOR UNIT 3 LT lA BLK
3
Z1201-02 282300010070
GULFWAY SHOPPING CENTER
C/O ROY SMITH
P O BOX 8149
CORPUS CHRISTI TX 78468
01GLEN ARBOR #4 LT 7 BLK 1
UND02/2 INT
3
Z1201-02 282300010080
GULFWAY SHOPPING CENTER
C/O ROY SMITH
P O BOX 8149
CORPUS CHRISTI TX 78468
01GLEN ARBOR #4 LT 8 BLK
UND02/2 INT
5
Z1201-02 309000040030
HERNANDEZ MACEDONIO
1825 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 3 BK
8
Z1201-02 309000040060
CAPRILLO ARNOLD V
1813 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 6 BK
11
Z1201-02 309000040090
GARCIA FLAVIO ET UX
1801 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 9 BK
14
Z1201-02 309000040120
GARCIA PATRICIA R
1729 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 12
B024
3
Z1201-02 282300010085
GULFWAY SHOPPING CENTER
C/O BILL J BROWN
P O BOX 8229
CORPUS CHRISTI TX 78412
01GLEN ARBOR #4 LT 8 BLK I
UND02/2 INT
6
Z1201-02 309000040040
PERALTA HOMERO P
1821 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 4 BK
9
Z1201-02 309000040070
PEFANIS GERASSIMOS D ET U
3302 KENNSINGTON
CORPUS CHRISTI TX 78414
01GULFWAY AIRLINE PK 1 LT 7 BK
12
Z1201-02 309000040100
CACERES YOLANDA
1737 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 10
B024
15
Z1201-02 309000040130
ARREDONDO JUVENAL ET UX
ADELINA ARREDONDO
1725 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 13
B024
Ownership List
Case No. 1201-02 (Glenn E. Lyons)
Page 2
16
Z1201-02 309000040140
LISCANO MARINA
1721 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 14
B024
19
Z1201-02 309000050040
LASKOWSKI DORA
1818 LESLE LANE
CORPUS CHRiSTI TX 78412
01GULFWAY AIRLINE PK 1 LT4 BK
17
Z1201-02 309000040150
BENAVIDES DELPHI
1717 LESLE LN
CO1LPUS CHRiSTI TX 78412
01GULFWAY AIRLINE PK 1 LT 15
B024
20
Z1201-02 309000050050
WILKINSON TRUST
1814 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 5 BK
18
Z1201-02 309000050030
SOLIZ JOSE RENE & DIANA l
1822 LESLIE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT3 BK
21
Z1201-02 309000050060
YBARRA ROBERT G
1810 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 6 BK
22
Z1201-02 309000050070
MALDONADO LEROY
1842 RED ROCK
ROUND ROCK TX 78654
01GULFWAY AIRLINE PK I LT 7 BK
25
Z1201-02 309000060020
MARTINEZ ANTONIO W
1734 LESLE LN
CORPUS CHRiSTI TX 78412
01GULFWAY AIRLINE PK 1 LT 2 BK
28
Z1201-02 309000060050
VILLARILEAL PEDRO G
1722 LESLE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 5 BK
23
Z1201-02 309000050080
GUERR_A KELLIE DU~NCAN
1802 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK I LT 8 BK
26
Z1201-02 309000060030
HAMMOND RiCHARD D
1730 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 3 BK
0
Z1201-02 247600130175
LUNDGREN W L & BILL M LOW
4350 OCEAN DR ~405
CORPUS CHRISTI TX 78412
01FLOUR BLUFF & ENC FILM GDN
TR02T 7.890 ACS OUT OF MID POR
O03LTS 18 & 19 SEC 13
24
Z1201-02 309000060010
ZEPEDA ALEJANDRO
1738 LESLE LANE
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 1 BK
27
Z1201-02 309000060040
GILBREATH JOHN C & MARCIA
1726 LESLE LN
CORPUS CHRISTI TX 78412
01GULFWAY AIRLINE PK 1 LT 4 BK
LEROY SAN MIGUEL
CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT
MAINTENANCE DEPARTMENT
P. O. DRAWER 110
CORPUS CHRISTI, TX 78403
· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
CASE NO. 1201-02
Glenn E. Lyons
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~LN-DIR\ERMA\WORD'xCOM M DATA\1201-02COMMENTS.DOC
-DRAFT - PLANNING COMMISSION MINUTES
December 5, 2001
Mr. Saldafia read both Glen E. Lyons cases into the record as follows.
Glenn E. Lyons: 1201-01
REQUEST:
"R-2" Multiple Dwelling District to "AB" Professional Office District on Tract 1 and "B-
4" General Business District on Tract 2 on property described as Flour Bluff and En¢inal
Farm and Garden Tracts, Section 13, being 7.89 acres out of Lots 18 and 19, located
south of Williams Drive and east of South Staples Street.
and
Glenn E. Lyons: 1201-02
R.~QUEST:
"R-2" to "AB" Professional Office District and "B-4" General Business Dis~ct on
property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 13, being
7.598 acres out of Lots 18 and 19, and located south of Williams Drive and east of South
Staples Street.
Mr. Saldafia presented a computerized slide illustration of both subject properties (Case Nos.
1201-01 and 1201-02) and the surrounding property. The subject property is part of a 15.48-acre tract of
land zoned a "R-2" Diswict that is undeveloped and located east of South Staples Street and south of
Williams Drive. To the north is developed "R-lB" District property with a special permit allowing f~or an
apartment complex. Further along the north corridor area a county health clinic and a head start school.
South of the subject property is 7.598 acres of undeveloped "R-2" District property. To the east is a large
area of "R-lB" District property developed with single-farmly residences. West of the subject propexty
there is approximately I O-acres of land zoned a "B4" Disaict and is undeveloped
Mr. Saldafia said that the applicant has requested a change of zoning from a "R-2" Multiple
Dwelling District to an "AB" Professional Office District on Tract I and "B-4" General Business District
on Tract 2, to allow for an office and retail development. Acreage of the requested "AB" District Tract I is
0.95 and the "B4" District Tract 2 is 6.94, totaling 7.89 acres (Case No. 1201-01). Acreage of the
requested "AB" Disu'ict Tract I is 0.95 and the "B4" District Tract 2 is 6.64, totaling 7.59 acres (Case No.
1201-02). Ultimately, the two undeveloped "R-2" District properties are planned as a joint development.
The requested "AB" and "B4" Districts would allow for office development and apartments, as
well as commemial uses in the "B-4" District. Street plans for the property include the extension of Curtis
Clark Road to South Staples Street, an arterial, and for the extension of Braeswood Drive connecting to
Williams Drive, a collector. The property would have access to one (I) arterial and one (1) collector
roadway. The Curtis Clark and Braeswood Street extension is a planned street connection per the
Transportation Plan.
With the development of office uses, added traffic volume during a 24-hour period would increase
by an additional 5,000 vehicles. This docs not include additional traffic demand from motorists who will
choose to avoid the South Staples at Williams intersection by using the new Curtis Clark connection to
Williams Drive. "Cut-thru' traffic could total up to 500 vehicles per day. It is estimated that 70 percent of
die 5,000 vehicles or 3,750 vehicles will travel during normal business hours. Overall, the total traffic
demand on Curtis Clark and Braeswood is estimated at 7,000 vehicles per day, which is within the serv/ce
capacity, of 10,000 vehicles per day for this street. It is estimated that approximately 30-35 percent of this
overall demand will be destined to and from the Staples and Cures Clark intersection, with the remainder
destined to and from Branswood and Williams intersection. This could necessitate traffic signal control at
the Braeswood and Williams intersection. Signal control is not anticipated for the Staples and Curtis Clark
intersection due to its proximity to Staples and Williams intersection.
Draft - Planning comrmssion Minutes
Case No. 120D01 (Glenn E. Lyons~
Page 2
Since office and retail development is planned for Tracts I and 2, the requested "B-4" District on
Tract 2 should be amended to the "B-3" District which would eliminate the possibility of multi-family
development, a higher traffic generator. A "B-3" Business District would only provide for office and retail
uses with traffic demands that are within the service capacity, of the street systems. Additionally, the
requested "B-3" Dish-icl area would serve as a transitional zone along the west boundary that is adjacent to
"B-4" District zoned property, to the north, the "B-3" District wouid abut a senior apartment complex and
educational agency instead of a single-farmly residence in the adjacent "R-lB' District. The proposed
"AB" District on the east portion would be a transitional zone to the adjacent "R-lB" DisU'ict property to
the east adjacent.
The Comprehensive Plan Elements can be supportive of the requested "AB" Dish-icl on Tract 1,
due to its limited land area if developed multi-family rather than office use. A mnlti-family land use on the
"AB" District area would generate a low volume of traffic due to the limited acreage of the area. Office
uses within the "AB" District would generate a low traffic volume that the plan supports. However, it is
not supportive of the "B-4" District on Tract 2 which could be developed with multi-family uses on the
6.94 acres instead of office development which is a lower traffic generator. Designating the proposed
"B44" District area as a "B-3" District would eliminate the possibility of multi-family development, a use
associated with higher traffic volumes. The Southside Area Development Plan's adopted furore land use
map recommends the area to develop with low density residential. The requested "B-4" DisU'ict is not
consistent with the Plan's recommended land use, but can generall7 support the "AB' and "B-3" Districts.
The "AB" District property, would serve as a transition zone from :he "R-lB" Dis~xict property to the east.
Property adjacent to the north and west of the "B-3" District are not characterized as being low in density;
i.e., senior apartment and educational agency, thus retail and office uses on the requested "B-3" District are
compatible to this property.
Mr. Saldafia said that staff recommends approval of the ",~d3" District on Tract I and denial of the
"B-4" District on Tract 2 and in lieu thereof, approval of the "B-3" Business District on Tract 2 (Case No.
1201-01) approval of the "AB" District on Tract I and denial of the "B-4" District on Tract 2 and in lieu
thereof, approval of the "B-3" Business District on Tract 2 (Case No. 1201-02).
Public hearing was opened.
Glen Lyons, 13901 Cabana North, responded to ConmUssioner Sween-McGloin by saying that he
was not in agreement with staWs recommendation of "B-Y' Distract. He said that he plans to develop a
residential complex and needs "B-4" District. The main entrance into the neighborhood will be Brasewood
Drive fxom Williams Drive.
Public heamxg was closed.
commiSsioner Richter said that she supported the density level and mixed use and continued that
the residential development would be beneficial.
Motion by Sween-McGloim seconded by Richter, to forward a recommendation for approval of an
"AB" Professional Office District on Tract I and "B-4" General Business District on Tract 2 (Case No.
1201-01). Motion pussed.
Motion by Sween-McGloia, seconded by Richter to fora, a~d a recommendation for approval of an
"AB" Professional Office District on Tract 1 and a "B-4" General Business Dista'ict on Tract 2 (Case No.
1201-02). Motion passed.
15
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
January 4, 2002
ITEM A:
A PUBLIC HEARiNG TO CONSDER AMENDiNG THE DUNE
PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN, TO ALLOW FOR A COOPERATIVE
AGREEMENT AND A UNIFORM BEACH PARKING STICKER TO
BE ISSUED FROM THE CITY OF CORPUS CHRISTI, THE CITY OF
PORT ARANSAS, NUECES COUNTY AND KLEBERG COUNTY.
ITEM B:
AN ORDiNANCE AMENDiNG CITY OF CORPUS CHRISTI, TEXAS
DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT
OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY
REVISiNG THE PROVISIONS RELATING TO BEACH USER FEES;
PROVIDING FOR SEVERANCE; AND PROVDING FOR
PUBLICATION.
ISSUES:
The purpose of this amendment is to allow recognition by the City of Corpus Christi of
any other Beach User Fee Parking Stickers issued by the City of Port Aransas, Nueces
County or Kleberg County. This amendment will allow the City and the other
governmental entities, responsible for beach cleaning, to create a uniform beach parking
sticker program between the City of Port Aransas, Nueces County, Kleberg County and
the City of Corpus Christi. The intent of the ordinance is to benefit the beach going
public by providing a unified beach parking sticker program. Participation in a "unified
parking sticker program", by the other governmental entities, would be voluntary and
subject to approval by the Texas General Land Office.
PRIOR PLANNING COMMISSION ACTION:
· December 19, 2001 - Planning Commission held a public heating, modified the
draft amendment and recommended City Council adoption.
November 30, 1994 - Planning Commission recommended approval of the
proposed amendments to the Dune Protection and Beach Access Plan based on
revised state Beach/Dune Rules and required revisions imposed by the General
Land Office.
City Council
Dune Protection and Beach Access Plan and Regulations Amendments
January 4, 2002
Page 2
July 14, 1993 Planning Commission recommended approval of the original
Dune Protection and Beach Access Plan for the portions of Mustang and Padre
Island within the City's city limits and its extraterritorial jurisdiction.
PRIOR CITY COUNCIL ACTION:
February 28, 1995 - City Council amended the Dune Protection and Beach
Access Plan based on revised Beach/Dune Rules and required revisions imposed
by the General Land Office to the original Plan.
· August 10, 1993 - City Council approved the original Dune Protection and Beach
Access Plan.
FUTURE COUNCIL ACTION:
January 22, 2002 - 2® reading o£ the proposed ordinance amending the Dune
Protection and Beach Access Plan
REQUESTED COUNCIL ACTION:
ITEM A:
Motion to open a public heating to consider amending the Dune Protection
and Beach Access Plan, an element of the Comprehensive Plan, to allow
for a cooperative agreement and a unifom~ beach parking sticker to be
issued from the City of Corpus Christi, the City of Port Aransas, Nueces
County and Kleberg County.
ITEM B:
Approval of an Ordinance Amending City of Corpus Christi, Texas Dune
Protection And Beach Access Plan, An Element of the City of Corpus
Cbxisti Comprehensive Plan, by revising the provisions relating to Beach
User Fees; Providing For Severance; and Providing for Publication.
STAFF RECOMMENDATION: Approval.
Director of Planning /
W. Thomas Utter
Assistant City Manager
Attachment:
Attachment I:
Ordinance Amending the Dune Protection and Beach Access Plan
City Council
Dune Protection and Beach Access Plan and Regulations Amendments
January 4, 2002
Page 3
Attachment I:
Ordinance Amending the Dune Protection and Beach Access
Plan
Page 1 of 3
AN ORDINANCE
AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION
AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF
CORPUS CHRISTI COMPREHENSIVE PLAN, BY REVISING THE
PROVISIONS RELATING TO BEACH USER FEES;PROVIDING FOR
SEVERANCE;AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has fonNarded to the City Council its reports and
recommendations concerning amendments to the City Of Corpus Christi, Texas Dune
Protection And Beach Access Plan, an element of the City of Corpus Christi
Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995.
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
December 19, 2001, during a meeting of the Planning Commission and on Tuesday,
January 15, 2002, during a meeting of the City Council, in the Council Chambers at City
Hall, in the City of Corpus Christi, allowing all interested persons to appear and be
heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Part iil. B. of the City Of Corpus Christi, Texas Dune Protection And
Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as
adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows:
"DUNE PROTECTION AND BEACH ACCESS PLAN
An Element of the Comprehensive Plan
"ILL
VEHICULAR MANAGEMENT TiES TO BEACH CONSTRUCTION
MANAGEMENT, BEACH USER FEES, DUNE PROTECTION AND STATE
RESPONSIBILITY
B. Beach User Fees
Within the incorporated city limits, the City may require beach users to display
beach parking permits on all vehicles parking on designated public beaches and
in designated beach parking areas. The Beach Parking Permits shall be valid for
· ~'~
off-beach parking and the fee charged shall be in accordance w~th ....
I.~,~:-I*~*,~1 t'~ ...... *i~. * ....... * .... :*~ "~;":": ....... *:~ end General Land
H:\LEG~D~R\D~y~eD~urtis\MYD~S~2\P&~RD~2~BeachDune.~rds\Dpr~tectBaccessP~an~rd\1-15-~2~ Beach UserFees. R 14053C3.d0c
Page 2 of 3
Office requirements, tn the ordinance establishinq beach user fees, the City
Council may authorize: (1) recoqnition of beach parkinq permit stickers issued by
the City of Port Aransas or Nueces or Kleberq County, if the qovernmental entity
imposes a beach parkinq permit fee that equals or exceeds the City of CorpLm
Christi beach parkinq permit fee and enters into an interlocal cooperation
agreement with the City that provides for reciprocal recognition of beach parking
permits; and/or (2) adoption of a unified parkinq permit pursuant to an interlocal
cooperation aqreement with the City and one or more of the qovernmental
entities named in (1) above.
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 of this ordinance be given full force and effect for its purpose.
SECTION 3. This ordinance :,'oes into effect uoon aoproval of these amen(:ments tn
the Dune Protection And Beac~~, Access Plan bv the Ge~eral Land Office u~}(]er 51
of Title 31 of the 'Texas Adminis~ra[ive Code.
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.
H:\LEG-DIR\DoyleDCu rtis~VlYDOCS~2002~P&ZO RD02\Beach D u ne.Ords\DprotectBaccessPla nOrd\l. 15.02. BeachUserFees. R 14053C3.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 15th day of January, 2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 22nd day of January, 2002 by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the 22nd day of January, 2002.
ATTEST:
Armando Chapa Samuel L. Neal, Jr.
City. Secretary Mayor
APPROVED AS TO LEGAL FORM 9 January, 2002:
James R. Bray, Jr.
CityAtt.c~"re-~ /,? ~ ~
Doyle. D.(~. ~tis
Senior Assistant City Attorney
H :\LEG-DIR\DoyleDCu rtisWlYDOCS~2002\P&ZORD02~BeachDu ne,Ords\DprotectBaccessPla nOrd~1.15.02. BeachUserFees. R14053C3.doc
16
·
CITY COUNCIL
AGENDA MEMORANDUM
Date: January 11, 2002
AGENDA ITEM:
(A) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront
Management and Construction, regarding animal control, beach festivals, beach vendors, campfires,
camping, glass containers, and traffic control on Gulf of Mexico beaches.
(B) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and
Miscellaneous Provisions, regarding curfews on beaches.
(C) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks,
Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf
beach parks.
(D) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 38, Peddlers,
Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors.
ISSUE: The annexation of additional gulf beach areas necessitates the adaptation of a number of the
City's regulatory ordinances to the beach areas. Staff's proposed revisions are contained in the
attached ordinances. By State law, effectuation of these ordinances wilI require approval of the Texas
General Land Office, wh/ch has been provided with copies prior to first reading. The primary effects
of the attached ordinances are summarized below. Some modification of these ordinances will
probably be suggested prior to second reading after GLO comment and further staff discussion.
Animal Control: Dogs on the beach are not required to be leashed, but the oxvner or master is
responsible for assuring that they do not harass or attack other animals or persons.
Camping: 1) Permitted for three consecutive days not exceeding six days in a month; 2) not
permitted in front of condominiums, hotels and dwellings; 3) sul~ject to reasonable rules prescribed
by the Park Director as to number of campers in an area, number of persons at a campsite, noise, and
activities inconsistent ~vith other beach users.
Glass Bottles: Prohibited.
Fires: Permitted under the following conditions: 1) 50' from any permanent structure; 2) 75' from
any vegetation line or dune; 3) 25' from any vehicle; 4) in a barbecue pit, or open fire on the ground
not larger than 3' across; 5) but not during a southerly or easterly wind exceeding 20 mph; 6) must
be extinguished with water.
Vendors: 1) Permits may be obtained for fixed site or mobile vending. 2) Fixed site permits are for
90 days pursuant to reasonable restrictions on the site. 3) Mobile vendors can vend during daylight
areas, must remain mobile except actually engaged in a transaction xvith a customer, must meet noise
limitations, and must comply with various safety regulations.
Traffic: 1) The City Manager may establish and delineate pedestrian safe areas more than 25' from
the vegetation line or seawall, with GLO approval. 2) Traffic may be restricted to 50' corridors. 3)
One way traffic may be established under very limited conditions. 4) Beach areas may be temporarily
2JRB2800.001
closed in limited situations for safety reasons. 5) The number of vehicles may be limited on portions
of the beach during high use periods.
Beach Festivals: 1) A promoter of an event must get a permit if the event is to last for more than
three hours and anticipates more than 100 attendees. 2) Application must be made 30 days in
advance and provide substantial information necessary to protect public safety and the beach. 3) The
promoter must agree to adequate measures for the public health and safety, such as litter control, fire
prevention, toilet facilities, drinking water, first aid. dune protection, insurance, etc.
Juvenile Curfew: The existing curfexv is applied to the beach.
Alcohol: Alcohol is permitted in city parks on the gulf beach, subject to State law.
RECOMMENDATION: Approval of ordinances as submitted.
2JRB2800.001 2
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, Chapter 38, PEDDLERS, VENDORS, ITINERANT
MERCHANTS AND SOLICITORS, REGARDING PARK AND BEACH
VENDORS; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE;AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 38-19 is revised to read as follows:
"Sec. 38-19. Park and beach vendors--Special regulations.
"(a) Gulf of Mexico beach vendors are subiect to the requirements of Article VI, Chapter
10, and the sections of this article, except section 38-19.
"(b) No permit shall be issued to any vendor to operate his business and no vendor shall
vend in or upon any public park or beach alonq Corpus Christi Bay, Nueces Bay, or the
Laquna Madre (hereinafter, for the purposes of this section, "bayfront beach" or
"bayfront beaches") or from or upon other public grounds in the city except as follows:
"Vendors shall be permitted to operate in or upon public parks and beaches in
the city, subject to the following restrictions and regulations in addition to other
conditions imposed upon vendors by this article:
"(1) The director of parks and recreation may establish designated vendor sites
for public parks and beaches within the city, taking into account the following
factors:
"a. Primary use and users of the particular park or beach.
"b. Pedestrian and vehicle traffic flows and congestion.
"c. Parking facilities.
"d. Availability and location of permanent city contractual conces-
sions and other permanent facilities.
"(2) The designated vendor sites shall be assigned in conjunction with the
issuance of any vendor permit under this article to operate in or upon a public
park or beach, on a first-come, first-served basis. Vendor sites may not be
"reserved" in advance of permit issuance. No vendor assigned to a designated
vendor site shall vend in or at any other location within the park or beach area
except the assigned site.
BeachR14060F1 .wpd
"(3) Designated vendor sites shall be limited in size and number in accordance
with the considerations established in paragraph (1) of this section.
"(4) Mobile vending units shall be permitted upon the roadway portions of public
beaches subject to all applicable provisions of section 38-14 of this article.
"(5) No mobile vending unit shall stop to vend in or otherwise obstruct the
travelled portion of any public beach, which portion shall for purposes of this
section be deemed a street. Vending units shall stop at least ten (10) feet from
the said travelled portion for conducting business.
"(6) Vendinq of Gulf of Mexico beaches shall be governed by the provisions of
Chapter 10 of the Code of Ordinances."
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 of this ordinance 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 1-6 of the City Code of
Ordinances.
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. This ordinance shall
become effective upon approval of the Texas General Land Office and publication.
BeachR14060F1wpd
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
,2002 by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the
ATTEST:
__ day of
,2002:
Armando Chapa
City Secretary
SamuelL. NeaI, Jr.
Mayor
APPROVED: / ] day of ,.~- m ,
James R. Bray, Jr.
City Attorney
~nt City Attorney
,2002:
BeachR14060Fl.wpd
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND
CONSTRUCTION, REGARDING ANIMAL CONTROL, BEACH
FESTIVALS, BEACH VENDORS, BONFIRES AND CAMPFIRES,
CAMPING, GLASS CONTAINERS, OPERATING VESSELS IN SURF,
AND TRAFFIC CONTROL ON GULF OF MEXICO BEACHES;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 10-59 is revised to read as follows:
"Sec. 10-59. Animal control.
"(a) No person shall allow a dog or other animal to attack or threaten any person or
other animal on a public beach.
'(b..)_Except as provided in subsection (c) of this section, cont, ol G ........ of ammals shall
be in accordance with chapter 6 of the Code.
"(c) A dog is considered under restraint for the_[~urposes of Section 6-20 while on a Gulf
of Mexico beach, if the dog is under the effective control and supervision of its owner,
master, or trainer. Effective control and supervision includes the dog beinq on a leash
or subject to the commands of its owner, master, or trainer, or other restrictions that will
keep the dog from harassing, threatening, b_iting, or a~ackinq any other animal or
person.
SECTION 2. Section 10-58 is revised to read as follows:
"Sec. 10-58. Camping.
"(a) For the purpose of this section:
"(1) "Campin.q" means occupying a site as a dwelling place for any length of time,
whether in a vehicle, tent or improvised shelter, sleepinq ba.q or without a Shelter.
Occupation of a site under the circumstances above for more than two (2) hours
at any time during the period from midnight to sunrise shall be presumed to be
overnight campinq.
"(2) "Director" means the Director of the City's Parks & Recreation Department,
or the Director's desiqnee.
BeachRevisedR14060B1 doc
2
"(3) "Gulf of Mexico beach" means a beach along the Gulf of Mexico within the
city limits, except within the Mustanq Island State Park, any beach park operated
by Nueces County, or in front of the seawall on North Padre Island.
'(b) Except in areas between a residence and the Gulf of Mexico, includinq a
condominium, hotel, or motel, a person may camp on a Gulf of Mexico beach for a
period not to exceed three (3) consecutive days nor to exceed six (6) total days in any
calendar month. 'No campinq areas' are designated by posted siqns.
"(c) The Director may prescribe rules qoverning campinq, includinq but not limited to,
limitation of the number of campers and campsites, limitation of the number of persons
who may occupy a campsite, limitation of noise, and requlation of activities potentially
inconsistent with the public's use of Gulf of Mexico beaches.
'(d) The Director and city employees authorized by the Director may direct any
individual to cease an activity inconsistent with the rights of other beach users, or may
order the individual to leave the area. Any peace officer may arrest or issue a citation
for a violation of state law or city ordinance committed in his presence in the areas
described in this section.
"(e) All provisions of this section, and any rules or directives by the Director, shall be
applied equally and uniformly to all persons. Nothinq herein shall be applied so as to
violate any individual's right of free speech or expression under the law."
SECTION 3 Article VI of Chapter 10, Beachfront Management and Construction, is
amended by adding Sections 10-65 - 10-68, to read as follows:
"ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH
"Sec. 10-65. Glass bottles and glass containers prohibited.
"It shall be unlawful for any person to possess or place, take, or deposit any glass bottle
or glass container of any kind on or in any beach alon~l the Gulf of Mexico within the
corporate limits of the city.
"Sec. 10-66. Reserved.
"Sec. 10-67. Fires regulated.
"(a) As used in this section:
"(1) "Campfire" means a fire contained in a barbecue pit constructed and
maintained by the city, or in a portable barbecue pit, or an open fire in a fire pit or
on the ground, and is not larger than three feet in any dimension.
BeachRevisedR14060B1 doc
3
"(b) No person may build, operate, or use a fire on any beach along the Gulf of Mexico
unless in accordance with the provisions of this section.
"(c) A person may build, operate, or use a campfire on a beach alonq the Gulf of
Mexico, if:
"(1) The campfire is at least fifty feet (50') from any permanent structure, at least
seventy-five feet (75') from any veqetation line or dune, and at least twenty-five
feet (25') from any vehicle with combustible fuel; and
"(2) The prevailing wind will not blow embers into or beyond the dunes. Any wind
coming from between the easterly and southerly direction that exceeds twenty
(20) miles per hour as reported by the National Weather Service at the Corpus
Christi Airport is considered capable of blowing embers into and beyond the
dunes.
"(d) All campfires must be extinguished when no Ionqer in use. No hot embers may be
left on or buried in the sand. Embers must be thoroughly doused with water and cool to
the touch before the person who built the campfire leaves the site.
"Sec. 10-68. Gulf of Mexico beach vendors--Sp__e_.c, ial regulations.
"(a) No permit shall be issued to any vendor to operate his business and no vendor shall
vend on any beach within the City along the Gulf of Mexico shoreline or on the seawall
except as follows:
"(b) Vendors shall be permitted to operate u_pon the Gulf beaches in the city or on the
seawall, subject to the followinq restrictions and re.~ulations in addition to other
conditions imposed upon vendors by Article I of Chapter 38:
"(1) The Director of Parks and Recreation may establish designated vendor sites
for Gulf beaches within the City and upon the ~e._a_walL taking into account the
following factors:
"a. Primary use and users of the beach.
"b. Pedestrian and vehicle traffic flows and congestion.
"c. Parking facilities.
"d. Availability and location of permanent City contractual concessions
and other permanent facilities.
"(2) The desiqnated vendor sites shall be assiqned in conjunction with the
issuance of any vendor permit under this article to operate upon a Gulf beach or
on the seawall. Vendor sites may not be "reserved" in advance of permit
issuance. A vendor permit issued under this section shall be valid for a period of
BeachRevisedR14060B1 doc
4
ninety days. No vendor assigned to a designated vendor site shall vend in or at
any other location on the Gulf beach or seawall except the assigned site,
"(3) Designated vendor sites shall be limited in size and number in accordance
with the considerations established in subparagraph (1) of this paragraph.
"(4) Mobile vendinq units shall be permitted to travel upon the roadway portions
of public beaches subiect to all applicable provisions of subsection (c) of this
section.
"(5) No mobile vending unit shall stop to vend in or otherwise obstruct the
roadway portion of the beach, which portion shall for purposes of this section be
deemed a street, unless the mobile vendinq unit is stopped to complete a sale.
Vendinq units shall stop at least ten (10) feet from the roadway portion for
conducting business.
"(c) No permit shall be issued to any mobile vendor to operate the vendor's business
and no vendor shall vend upon or from any vehicle on a Gulf beach except subiect to
the following restrictions and regulations in addition to other conditions imposed upon
vendors by this section:
"(1) Mobile vending units shall be street-approved motor vehicles duly licensed
for operation upon public streets and roadways in accordance with the
regulations of the Texas Department of Public Safety and Texas Department of
Motor Vehicles.
'.'(2) Vending units must remain mobile, unless the mobile vendinq unit is stopped
to complete a sale. Vending from a moving vehicle is prohibited.
"(3) No vendor or vendinq unit shall restrict, obstruct, or interfere with other
vehicles operatinq on a Gulf beach.
"(4) Vendinq shall be conducted from sunrise to sunset.
"(5) No mobile vendor shall vend or stop, stand or park his vehicle within
seventy-five (75) feet of any beach access road riqht-of-way lines as proiected to
the Gulf of Mexico.
"(6) Mobile vendinq units shall be equipped with a caution siqn that can be
extended horizontally from the left side of the vehicle with letters not less than six
(6) inches in height spelling out the word CAUTION or SLOW and shall be further
equipped with caution signs on the front and back alertinq oncoming motorists
that children may be crossing near the vehicle. The extendable caution arm
must be extended whenever the unit is stopped for vendinq. All equipment
installed in or on any vending vehicle shall be secured so as to prevent
movement during transit and detachment in the event of a collision or sudden
movement or stop. Loose utensils shall be securely stored whenever the vehicle
is movinq.
BeachRevisedR14060B1 doc
5
"(7) No vendor shall use any outcry, sound amplification device, or other
instrument which can be heard for a distance greater than five hundred (500) feet
to attract attention for vendinq nor shall any outcry, sound amplification device or
other instrument for attracting attention be used in any place or at any time when
vendin~l is prohibited by this section.
"(8) Vending vehicles shall not exceed fifteen (15) miles per hour on a Gulf beach
while enqaged in seeking customers.
"(9) Vendors shall yield the right-of-way to all other types of traffic.
"Secs. 10-69--10-70. Reserved."
SECTION 4. Article VII of Chapter 10, Beachfront Management and Construction, is
amended by revising Section 10~77 and by adding Sections 10-79 - 10-82, to read as
follows:
"ARTICLE VII. TRAFFIC
Sec. 10-77. Rese~ve~ Pedestrian Safe Areas.
(a) The City Manager, or t.h_e Cib/~anager's designee, ma_v establish pedestrian safe
areas on portions of the Gulf beach and prehibit motor vehicles from portions of the
beach that are not less than twenty-five feet (25') seaward of the vegetation line or lower
edqe of the seawall in order to provide for the safety of individuals using the beach, and
especially children.
(b) Before prohibitin,q motor vehicles on portions of the beach in pedestrian safe areas,
the City Manaqer must find that there is sufficient on-beach or off-beach parking to
accommodate the vehicles of beach users or that there are sufficient travel lanes on
other areas of the beach,__e_x_c, luding the pedestrian safe areas, for vehicles travelling
along the beach.
(c) No vehicle, trailer, travel-trailer, or combination of vehicles and trailers may be
parked in or on any portion of the beach desicLnated as a pedestrian safe area.
(d) Pedestrian safe areas shall be marked with siqns and bollards, posts, poles, fencing,
or tethering installed in the sand to prevent vehicles from enterinq the pedestrian safe
areas.
(e) The City Manager may establish a pedestrian safe area seaward of the concrete
portion of the Gulf seawall, until the beach seaward of the concrete portion of the
seawall has been renourished as determined by the City Manager.
(f) No pedestrian safe area may be implemented until the location and perimeter desiqn
has been approved by the Texas General [.and Office.
BeachRevisedR14060B1 doc
6
Sec. 10-79. Two-way traffic on beach and access roads.
Vehicular traffic may be restricted to a minimum fifty foot (50') linear corridor along the
beach where two-way traffic is permitted.
Sec. 10-80. One-way traffic on beach and access roads.
(a) Vehicular traffic may be restricted to a minimum twenty-five foot (25') corridor alonq
the beach where one-way traffic is permitted.
(b) The City Manaqer, or the City Manaqer's designee, is authorized to limit the direction
of travel on beach access roads and portions of the beach between beach access roads
to one specific direction on either a permanent or temporary basis durinq times of heavy
beach traffic (such as during Sprinq Break, on holiday or summer weekends, or special
events) or when vehicle travel on the beach needs to be restricted due to higher than
normal tides (including storm tide and "spring" tide events). Any one-way traffic,
restrictions must be coordinated with any neiqhboring jurisdiction that miqht be affected.
(c) Whenever the City Manaqer designates any one-way access road or beach, the City
Manager, or such officers or employees of the City desi.qnated by the City Manaqer,
shall place and maintain signs .qivinq notice of the authorized direction of travel, and the
one-way travel restriction is not effective unless the signs are in place. Siqns indicatinq
the direction of lawful traffic movement shall be placed at every intersection of a beach
access road and beach or other road where movement of traffic in the opposite direction
is prohibited.
(d) Upon those beach access roads and portions of the beach designated by the City
Manager under subsection (b) or as desiqnated in subsection (e) of this section,
vehicular traffic shall move only in the indicated direction when siqns indicatinq the
direction of traffic are erected and maintained at every intersection of a beach access
road and beach or other road where movement in the opposite direction is prohibited.
(e) Vehicles travellinq on the Gulf beach between the northern end of the seawall and
Padre E~aiii Park may only [ravel in a southerly direction.
Sec. 10-81. Portions of the beach closed.
The City Manager, or the City Manager's designee, is authorized to close portions of the
beach to all vehicle traffic for declared safety reasons durin.q periods includinq, but not
limited to, extreme hiqh tides, such as storm tide and "sprinq" tide events, and when
less than a twenty-five foot corridor along the beach is available for vehicular traffic.
Sec. 10-82. Limits on number of vehicles allowed on beach durinq special events.
The City Manaqer, or the City Manager's designee, is authorized to limit the number of
vehicles on portions of the beach durinq high use periods, such as during Sprinq Break,
holiday weekends, and special events, if the number of vehicles and persons usinq th~.
beach exceed the capabilities of local law enforcement personnel.
BeachRevisedR14060B1doc
7
SECTION 5. Chapter 10, Beachfront Management and Construction, is amended by
reserving Sections 10-106 - 10-110 and by adding Article Xl to read as follows:
"CHAPTER 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION
"Secs. 10-106 - 10-110. Reserved.
"ARTICLE Xl. BEACH FESTIVALS
"Sec. 10-111. Definitions.
"As used in this article the followinq terms shall have the respective meaninqs ascribed
to them:
"Director: The Director of Parks and Recreation Department or the Director's
designee.
"Festival site: The location of a beach festival.
"Beach festival: Any form of entertainment including, but not limited to.
pe~ormances, contests, or any combination thereof on a public beach, which is
scheduled to continue in excess of three (3) hours where:
"(1) The entertainment, contest, or combination of entertainment and
contests occurs inside the boundaries of the city; and,
"(2) More than one hundred (100) persons are reasonably anticipated to
be in attendance on any one day or
='Promoter: Any.person or qroup of persons who attempt to organize, promote or
solicit funds~_fo..r, the orcLanizatio_n_or_promotion of a beach festival.
"Sec. 10-1!2. Registration and permit required.
"(a) No person or qroup of persons may act as a promoter of a beach festival in this city
without first reqisterincj with the Director.
"(b) No person or group of persons may direct or control or participate in the direction or
control of a beach festival unless a valid permit for the event has been issued as
provided in this article.
"Sec. 10-113. Application for permit--Filinq; contents; fee.
"(a) A promoter shall file a permit application with the Director.
"(b) The application must be filed at least thirty (30) days before the day the beach
festival is to beqin,
BeachRevisedR14060B1 doc
The application for a beach festival must include:
"(1 ) The name(s) and address(es) of the promoter and of all associates and
employees promoting the beach festival;
"(2) A description and address of the festival site;
"(3) The name and address of the littoral owner of the festival site and a
statement listinq the terms of the aqreement authorizinq the promoter to use the
festival site;.
"(4) The dates and times that the beach festival is to be held;
"(5) Promoter's reasonable estimate of number of persons attending the beach
festival and the basis for the estimate;
"(6) The maximum number of persons that the promoter expects to attend the
beach festival, and a copy of promoter's plan to control attendance at the beach
festival;
"(7) A description of the promoter's plans to comply with health and sanitation
standards required by the City Code of Ordinances or in the permit;
"(8) The promoter's financial statement and a statement listinq the source and
amount of money budgeted to promote the beach festival;
"(9) A statement detailinq the promoter's traffic control plan;
"(10) A synopsis of promoter's agreement with the scheduled performers listinq
the performers and estimated performance time(s);
"(11) A description of the type, method, and location of promoter's past and future
advertisinq for the beach festival; and
"(12) A statement whether the promoter or any of the promoter's employees or
agents have ever been convicted of any crime reqardinq misappropriation of
funds, theft, burqlary, or robbery.
"(e) The application for the permit must be siqned and verified by the promoter and be
based on his best information and belief.
"(f') A filing fee for a special event permit must be paid at the time of application.
"Sec. 10-114. Health, sanitation, and fire control requirements.
"In any application for a permit, in addition to the matters set out in section 10-113, the
promoter applying for a permit must agree in the application to provide and maintain the
followinq relating to health, sanitation, fire, security, and crowd and traffic control as
BeachRevisedR14060B1doc
9
determined by the Director, Fire Marshall, City Health Officer, or Police Chief, for the
duration of the beach festival:
"(1) Adequate provision for disposal of refuse, including litter removed durinq the
beach festival. Litter control for the beach festival will be prescribed by the
Director.
"(2) Reasonable precautions to prevent brush, grass, and structural fires and
provision for assisting the city authorities in extinguishing any fire in the vicinity of
any tract which may be used for the event. The precautions must be approved
by the Fire Marshal, or the Fire Marshall's desiqnee, prior to issuance of the
permit(s) described in section 10-111.
"(3) Adequate provision for supplying and servicing portable toilets.
"(4) Adequate provisions for supplying fresh water and disposable drinkinq cups
for the duration of the beach festival.
"(5) Adequate provision for furnishing first aid facilities which are manned by
trained personnel.
"(6) Adequate provision for furnishing ambulance service during the beach
festival.
"(7) Compliance with other health and sanitation requirements as may be
required by the city health officer, or the health officer's designee.
"(8) Adequate provision for the security of t_h_.e__p__a_rt_icipa_,,,,_ts_as ~ve_ll.?._~s_businesses
and neighborhoods in the vicinity of the festival site.
"(9) Adequate provision for traffic control, before.=_during,_and after the event as
determined by the Police Chief, or the Chiefs designee. The Police Chief,_o_[r
Chief's designee, will determine if any costs incurred for traffic cor~trol shall be
paid by the promoter.
"(10) No permanent buildings or structures may be built at the festival site. Any
temporary or portable buildinqs or other structures at the festival site shall meet
all city buildinq codes and be kept in a safe, sanitary, and siqhtly condition.
"(11) Adequate procedures to keep people attending the beach festival from
damaqinq the dunes.
"Sec. 10-115. Agreement as to use of public beach.
"In any application for a permit to conduct a beach festival o_n_any public beach, in
addition to the matters contained in sections 10-113 and 10-114, the promoter shall
agree to the further conditions and stipulations as follows:
BeachRevisedR14060B1 doc
10
"(1) That the promoter shall pay to the city the reasonable value of any lost,
damaqed, or destroyed park or beach facilities in the vicinity of the festival.
"(2) That any temporary or portable buildings1 structures1 or improvements at the
festival site shall meet all city buildinq codes and be kept in a safe, sanitary and
sightly condition.
"(3) That upon the expiration of the permit, all temporary or portable buildings,
structures, and improvements placed on the festival site by the promoter shall be
removed and the festival site shall be restored to its former condition.
"(4) To provide a bond, or other similar monetary guarantee, in the amount of
twenty-five thousand dollars ($25,000) made payable to the city, subiect to
approval by the City Attorney, to guarantee that any structures placed on such
festival site are removed and to further guarantee that garbage, trash, debris and
refuse will be properly disposed of and to guarantee that the festival site used by
the promoter for conducting the beach festival shall be restored to its former
condition.
"(5) That liability insurance and all other relevant insurance as specified by the
City's Risk Manager or the Risk Manaqer's designee will be provided by the
promoter prior to the issuance of the permit.
"(6) An affidavit that the promoter shall not discriminate aqainst any person or
group on the basis of race, color, religious preference, ethnicity, national oriqin,
disability, or sex and that all facilities provided in connection with the beach
festival shall be reasonably available to all persons in attendance.
"(7) That the promoter shall observe and comply with all applicable laws,
ordinances, requlations, and rules of the Federal, State, county, and city
governments.
"(8) That the promoter shall show the location of sufficient on-beach and off-
beach parkinq space to accommodate the an[icipa~ed ar[enaance.
"(9) That the promoter shall show that the festival site is accessible from existing
beach access roads and that the festival will not block or unduly interfere with the
normal beach traffic or beach use by those not participating in the festival.
"(10) That the promoter has a duty to protect the dunes and is responsible for
mitigatin,q any damage to the dunes caused by the beach festival.
"Sec. 10-116. Review and processing of applications.
"(a) Upon the filing of an application for a permit, the Director shall coordinate a meeting
with all relevant departments.
"(b) The Director shall assure compliance with all appropriate codes.
BeachRevisedR14060B1 doc
11
"Sec. 10-117. Hearing.
"(aT The Director shall set a date and time for a hearinq on the application for a permit.
The hearing shall be held not less than twenty (207 days before the day set for the first
performance of the beach festival.
"(b) The promoter shall be entitled to five (5) days notice prior to the date of the hearinq.
"(c) Any person may appear at the hearing and qive testimony for or against qranting
the permit.
"(d7 After conclusion of the hearing, the city manaqer shall schedule the application for
consideration by the City Council~
"Sec. 10-'118. Denial of permit; grounds.
"(aT A permit for a beach festival may be denied to an applicant by the City Council
where the Council, based on substantial evidence, finds as follows:
"(1) That false or misleading information is contained in the application or that
required information is omitted;
"(27 That the promoter does not have sufficient financial backing or stability to_
carry out the preparations specified in the application or to assure the faithful
performance of his/hedits agreement;
"(37 That the pr_eparatir±n_s specified in the application are insufficient to protect
the communit~ or the persons attendinq the beach festival from health dangers or
dangers from fire or that the facilities are inadequate to accommodate the
festival;
"(4) That conductinq a beach festival accordinq to the application information
supplied by the promoter would~ on its face, involve the violation of city
ordinances or state law;
That the times and place for the beach festival create a substantial danqer o_f
congestion and disruption of other lawful activities in its immediate vicinity;
"(67 That the crowd control preparations specified in the application are
insufficient to limit the number of persons in attendance to the maximum number
stated in the application; or
"(77 That the promoter does not have adequate aqreements with performers to
ensure with reasonable certainty that the persons advertised to perform will, in
fact, appear.
"(bT Denial of a permit hereunder shall require a maiority vote of the Council.
BeachRevisedR14060B1 doc
12
"Sec. '10-119. Scope of permit.
"A permit, if issued, shall authorize the promoter to hold a beach festival at a specified
festival site and at specified times and shall extend such privileqe only to the promoter
named in the application and shall not be assiqnable by such promoter to any other
person, .qroup of people, or entity.
"Sec. 10-120. Revocation of permit.
"At any time prior to two (2) days before the day of the beach festival, the City Manaqer,
or the City Manaqer's designee, may, after reasonable notice to the promoter and a
hearinq, revoke the permit on a findinq that the preparations for the beach festival will
not be completed in time for the event and that the failure to carry out the preparations
will result in a serious threat to the health and safety of the persons attending the event
or others using the public beach or for failure to comply with the terms of this article or
the permit issued to the promoter.
SECTION 6. 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 of this ordinance be given full force and effect for its purpose.
SECTION 7. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 8. 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. This ordinance shall
be effective upon approval of the Texas General Land Office and publication.
BeachRevisedR14060B1 doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 36, PARKS, RECREATION, CULTURAL AND
LEISURE TIME ACTIVITIES, REGARDING CURFEWS AND
ALCOHOLIC BEVERAGES IN GULF BEACH PARKS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 36-11 is revised to read as follows:
"Sec. 36-11. Curfew; alcoholic beverages.
"(a) No Except in a City park on the Gulf of Mexico beach, no person, shall possess any
alcoholic beverages in any city park or the parking lots connected therewith or adjacent
to; however, it shall be a defense to prosecution that the person has or is acting under
the terms of a lease, agreement or permit with the City or that the person is transporting
closed containers across the L-Heads or T-Heads to a boat.
"(b) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter or be present
in any city park or parking lots connected with or adjacent thereto, excluding the
Bayfront Parks, Bayfront Arts and Science Park, Barge Dock, Peoples Street T-head,
Lawrence Street T-Head, and the L-Head1 or any City park on the Gulf of Mexico beach;
and excluding persons permitted by ordinance to camp in particular city parks, city
employees in performance of their duties, and persons permitted to engage in leisure
and recreational activities under the parks and recreation department.
'(c) Between the hours of 2:00 a.m. and 6:00 a.m., no person; except as specificaily
permitted by an ordinance permitting camping in particular city parks, and except for city
employees in performance of their duties, shall enter or be present in any city bay,~ront
park or parking lots connected therewith or adjacent thereto, excluding the Bayfront Arts
and Science Park, Barge Dock, Peoples Street T-Head, Lawrence Street T-Flead, and
the L-Head."
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 of this ordinance be given full force and effect for its purpose.
SeachR14060C1 wpd
SECTION 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances.
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. This ordinance shall
be effective upon publication.
9eachR14060C1.wpd
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS
PROVISIONS, REGARDING CURFEWS ON BEACHES; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 33-40(b)(3) is revised to read as follows:
"Sec. 33-40. Curfew for minors--Generally.
"(b) In this section:
"(3) "Public place" means any place to which the public or a substantial group of
the public has access and includes, but is not limited to, streets, highways,
beach, and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops, but does not include a lot containing and
used with a residential dwelling if the minor is there with consent of his parent
and the owner or tenant who occupies [he residential premises."
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 ever'/section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be 9iven 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 1-6 of the City Code of
Ordinances.
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. This ordinance shall
become effective upon publication.
E~eachR14060E1 .wpd
l?
CITY COUNCIL
AGENDA MEMORANDUM
DATE: January 11,200~
AGENDA ITEMS:
A. Motion to amend prior to second reading by substituting a new revised Appendix VII which
designates the beach fee areas.
B. Second reading Ordinance amending Ordinance No. 022164, which adopted the City of Corpus
Christi, Texas Dune Protection and Beach Access Regulations, by revising Appendix VII,
designated beach fee areas; providing an effective date; providing for penalties; providing for
severance; and providing for publication.
C. Motion to amend prior to second reading by (1) amending the beach parking permit fee
amendments to subsection C of Section 10-86 by making those provisions consistent with the
first reading ordinance on this agenda which amends the Dune Protection and Beach Access
Plan; (2) providing that any fee increase will not be effective until approved by the Texas
General Land Office (TxGLO); and (3) making changes to comply with TxGLO requirements.
D. Second reading Ordinance amending Article VIII, Fees, of Chapter 10, Beachfront Management
and Construction, of the Code of Ordinances, City of Corpus Christi; providing for penalties;
providing for an effective date; providing for severance; and providing for publication.
ISSUE: Now that the City has completed the majority of the annexation on Mustang and Padre
Islands, the City can move forward to adopt a new beach parking policy including locations and
fees. Such policies can only be adopted by the City Council and must subsequently be approved
by the Texas General Land Office (GLO).
BACKGROUND INFORMATION: Pdor to the last round of annexation completed on December
11, 2001, the City of Corpus Christi allowed Nueces County to issue beach parking stickers and
collect the revenue therefrom within the City limits (principally at the Seawall area). With the
institution of the latest annexation, the City must now move forward to adopt formal locations where
parking permits will be required and establish a parking permit fee schedule in order that these may
be transmitted to GLO for approval and subsequent implementation by the City.
RECOMMENDATION: Staff is recommending that the City Council approve the two agenda
ordinances, the first of which would establish a map delineating where parking fees would be
charged and where under State law free parking areas would be located. The second ordinance
establishes the method by which beach parking permit fees would be established and how the
permits would be sold and monitored. The ordinance specifically allows the option of reciprocity
with other permit issuing jurisdictions and the option of a single unified beach parking sticker with
one or both of the other issuing jurisdictions. In essence, the permit fees would be established
through a fee schedule by the City Manager each year and would be submitted to the City Council
on an annual basis as part of the City's annual operating budget.
We recommend approval of these two ordinances and motions to amend.
W. Thomas Utter
Assistant City Manager
Page I of 2
AN ORDINANCE
AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY
OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH
ACCESS REGULATIONS, BY REVISING APPENDIX VII, DESIGNATED
BEACH FEE AREAS; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Appendix VII, Designated Beach Fee Areas, Corpus Christi, Texas,
Dune Protection and Beach Access Regulations, as adopted by Ordinance 022164 on
February 28, 1995, is amended by substituting the revised Appendix VII, which is
attached to and incorporated into this ordinance as Attachment A.
SECTION 2. This ordinance 9oes into effect upon approval of this amendment to
Appendix VII, Designated Beach Fee Areas, Corpus Christi, 'Texas, Dune Protection
and Beach Access Regulations, by the General Land Office under § 15.8(e) of Title 31 of
the Texas Administrative Code.
SECTION 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 4. 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 of this ordinance be given full force and effect for its purpose.
SECTION 5. 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.
\%EGAL~/~AW~LEG~D~R~D~y~eDCurUsW~YD~S~2~2~P&Z~RD~2``BeachDune`~rds~BeachManag~nst~rd~1 -15-02~,ppendix7.BeachFeeAreas. R 14053A2.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Page 2 of 2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 18th day of December, 2001, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 15th day of January, 2002 by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED this 15th day of January, 2002.
ATTEST:
Armando Chapa
City Secretary
LEGAL FORM APPROVED 9 January, 2002
James R. Bray, Jr,
City
By: Atto~ ~
Doyle j~. Curtis
Senio~'Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
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Page 1 of 6
AN ORDINANCE
AMENDING ARTICLE VIII, FEES, OF CHAPTER 10, BEACHFRONT
MANAGEMENT AND CONSTRUCTION, OF THE CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR
PENALTIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERANCE;AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Article VIII, Fees, of Chapter 10, Beachfront Management and
Construction of the Code of Ordinances, City Of Corpus Christi, is revised to read as
follows:
"Chapter 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION*
"ARTICLE VIII. FEES.
"Sec. 10-86. Beach User Fcc Fees.
"A. In order to establish and maintain beach-related services and facilities for the
preservation and enhancement of access to and from and safe and healthy use of
public beaches by tile public, c ~--~ ~ ..... ~' vch'clc/'-c~c.-*-~ ...... k..... ....
........... ~- ........... · ....... ~d by
~ K!cbcry
...... ~ ....... -- · "-,,~ ~,,.~,~~. ~---,, ~--, ,~. the followmq beach user fees
are established:
"1. Beach Parkinq Permit. The City Manager shall prepare a fee schedule of
beach parkinq permits. This schedule shall be submitted to the City Council on
an annual basis durinq the preparation of the City's annual operatinq budqet.
Such The fees must recover, to the extent possible, the City's costs of providing
beach-related services, as defined in Section 10-87.B. The parkinq permit foe
schedule shall be filed with the City Secretary, and copies shall be provided to
the City Council. Any chan.qe in beach user fees shall not qo into effect until
approved by the General Land Office under §15.8(e) of Title 31 of the Texan
Administrative Code.
"2. Reserved.
"B. No beach parkinq permit fee shall be charged for parking in the ~. ...... ree beach
areas designated in Appendix VII.
\iL E GALiLAW~LEG- D IR i Doyle DC u rt i sWIYDO CS ~ 002~P &ZO R D02~Ele a ch D u ne. O rd sir e a c h M a n a g C o n st. o rdiRev. 1-15-02. P a rking Fee. R 14053 B 3, d o c
Page 2 of 6
"C. In lieu of the beach parkinq permit issued by the City under subsection A of thi?,
section, the City Council may authorize: (1) recoqnition of beach parkinq permit stickem
issued by the City of Port Aransas or Nueces or Kleberq County, if the qovernmental
entity imposes a beach parkinq permit fee that equals or exceeds the City of Corp.~
Christi beach parkinq permit fee and enters into an interlocal cooperation aqreement
with the City that provides for reciprocal recoqnition of beach parkinq permits; and/or (2)
adoption of a unified parkinq permit pursuant to an interlocal cooperation aqreement
with the City and one or more of the qovernmental entities named in (1) above.
"Sec. 10-87. Use of Fee Revenue.
"A. Revenues from beach user fees may be used only for beach-related services.
"B. "Beach-related services" means reasonable and necessary services and facilities
directly related to the public beach which are provided to the public to ensure safe use
of and access to and from the public beach, such as vehicular controls, management,
and parking (including acquisition and maintenance of off-beach parking and access
ways); sanitation and litter control; life guarding and lifesaving; the cleaning or removal
of debris from the beach by handpicking, raking, or mechanical means; law
enforcement; beach nourishment projects; beach/dune system educa[ion; beach/dune
protection and restoration projects; providing public facilities such as restrooms.
showers, lockers, equipment rentals, and picnic areas; recreational and refreshment
facilities; liability insurance; and staff and personnel necessary to provide beach-related
services. Beach-related services and facilities shall serve only those areas on or
immediately adjacent to the public beach.
"C. All funds derived by City from beach user fees re_quired_by this article shall be used
exclusively for the followinq purposes:
"1. Pdntinq and distributinq the permits.
"2. Other costs of administerinq the requirements of the beach user fee proqram.
"3. Provision, construction, maintenance, replacement, and repair of:
"(a) Sanitary facilities on the beach provided for the use and convenience.
of the public.
"(b) On and off beach parkinq facilities.
"(c) Traffic control or road siqns7 and devices _.
"" - ......... on the beach,
\\L E GA L\LAV'~LE G~DIR\Doyle DC u rtis~vl Y D O C S~ 002~P &Z 0 R D 02\Be a c h D u n e.O rd s\B each M a n ag C o n st. o rd \Rev. 1-15-02. Pa rkin g Fee. R 14053 B 3. doc
Page 3 of 6
such as Rates and barricades, or bollards to keep vehicles away from thu
waters edqe, and temporary traffic siqnals. (Except for emerqencie~;
related to public safety, only those devices approved in advance by th,,
Texas General Land Office shall be used.)
"(d) Sand dunes.
"4. Cleaninq and maintenance of the public beach.
"5. Public safety on the beach.
"6. All costs directly related to the manaqement of the beach.
"Sec. 10-88. Indirect Costs and Accounting.
"A. No more than 10% of beach user fee revenues shall be expended on reasonable
indirect costs related to beach-related services, includinq costs authorized in Section
10-87.C.1 and 2.
"B. "Indirect costs" means costs of administrative programs, services, or personnel that
partially support beach-related services and to which beach user fee revenues are
applied using a general rather than detailed method of apportionment.
"C. Except as provided in ~ .... *'~"; .....*~'"';~,, ,'~--," -,,~,-~;.~;~+,-. ~h,.
.................. = ......... · ............................. ucc; fou
....... !,", ..... '~ ....'::!th tho Interlocal Agreements (See Appendix VIII for copies of
current interlocal aqreement.~} between the City of Port Aransas, Nueces County,
Kleberg County and the City of Corpus Christi regarding beach user fees, the Director of
Financial Services shall send quarterly. ~,,~.+---~.. .,.~ ~.~
....... , reports .......
..... to the General
Land Office !n ..... '~ ....... ;*~' ;"*"'~"~"' cgrccmcnt~.. The reports shall state the
amount of beach user fee revenues collected and itemizing how beach user fee
revenues are expended. Beach user fee revenues shall be maintained and accounted
for so that fee collections may be directly traced to expenditures on beach-related
services. Beach user fee revenues shall not be commingled with any other funds and
shall be maintained in special accounts. Beach user fee revenue expenditures shall be
documented in a separate financial statement for each different beach user fee. Beach
user fee revenue account balances and expenditures shall be documented according to
generally accepted accounting principles.
"Sec. 10-89. Beach parkinq prohibited without beach parkinq permit.
"(a) Except within Mustanq Island Stat~. Park or within a free parkinq area desiqnated in
Appendix VII of the City Of Corpus Christi, Texas, Dune Protection And Beach Acce.,~,;
Re.qu ations, no person may park a motor vehicle on a public beach within the City,
which borders on the Gulf of Mexico, unless a valid beach parkinq permit is affixed
the vehicle's windshield.
"(b) It shall be the duty of each police officer, or such other officer or employee of th, ~
City as racy bo authorized by the City Manaqer, to take the state vehicle license numbe~
\\LEGAL\LAV~ALEG-DIR\DoyleDC u rtis~MYDOCS~002~P&ZORD02\Seach Dune Orc~s\BeachMana-," ...............
Page 4 of 6
of any vehicle parked on a Gulf beach without a valid beach parkinq permit sticke~
affixed to the vehicle's windshield, the time and date the vehicle was found parked o,
the Gulf beach, the approximate location where the vehicle was parked, and the mako
of the vehicle, and to issue, in writinq, on a form provided by the City, a notice to answer
to the charqe of parking on a Gulf beach without a valid beach parkinq permit within
(10) days durinq the hours and at the place specified in the notice.
"(c) In a prosecution of an offense under this section, it is presumed that the reqistered
owner of the motor vehicle is the person who parked the vehicle at the time and pla¢,~
the offense occurred.
"Sec. 10-90. Sale of Beach Parkinq Permits.
"Beach parkinq permits shall be made reasonably available to all members of the publi,;
at all times. In furtherance of this sectLon the City Manaqer, or the City Mana.qer's
desiqnee, may sell permits by the following methods:
"1. Direct sales to the public throuqh the Utilities Billinq Office, park facilities, and
on site.
"2. Direct sales to the uLbl[c at any City fire station located on Mustanq or Padre
Islands.
"3. Sales to merchants and vendors for subsequent sales to the public.
"(a) The City Manaqer may set the fees to be paid to merchants and
vendors authorized to sell beach parkinq permits by this subsection. The
fees shall be at a rate determined to be in the best interest of the City.
"(b) The Cib/___Managebmav establish further rules, bonds, fees, or other
l~rocedures to be used In the bulk sales of permits. Copies of any rules,
bonds, fees, or other procedures must be filed with the City Secretary, and
a copv_previded to the re, embers of the City Council before the rules,
bonds, fees, or other procedure~
Secs. -1-0-841-10-91--10-96. Reserved.
SECTION 2. The initial fee schedule for beach parking permits prepared by the City
Manager shall impose a fee of $10.00 per year, or $5.00 per month, for each vehicle
parked on a public beach within the City, except within the Mustang Island State Park,
or any area designated as a free beach areas in Appendix VII of the City Of Corpus
Christi, Texas, Dune Protection And Beach Access Regulations.
SECTION 3, This ordinance goes ~mo effect upon approval of these amendments to
Ar[icteVlll Fees. of Chapter !0 Beachfront Management and Construction. ofthe
\\LEGAL~LAW~LEG~R\D~y~eD~urtis~MYD~2~P&Z~RDO2\Beach~une~rds\BeachManag~nst.~rd~Rev`1~15~2~ParkingFee~R14~53B3.d~c
Page 5 of 6
~,c~mln:s:rat;,~e ~ oCJe.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shatl 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 of this ordinance be given full force and effect for its purpose.
SECTION $. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 6. 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.
\\LEGAL\LAV~AL E G-DIR\D o yle E)C u rt is WIY DO C S~ 002~P &ZO R D02~B e a ch D u ne. O rd s\Be ach M a n ag C o n s t.o rd\R e v. 1-15-02. P a rkin g Fee, R 14053 B 3. d o c
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Page 6 of 6
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 18th day of December, 2001, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 15th day of January, 2002 by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the 15th day of January, 2002.
A"n'EST:
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
LEGAL FORM APPROVED 11 January, 2002
,James R. Bray, Jr.
City A~;t~y /// //~ ~_.._.._,
Doyle I~. ~urtis
Senior A'~sistant City Attorney
\\LEGAL~LA~ALEG-DIR~DoyleDCurtisWIYDOCS~002~P&ZO RD02~Beach Dune. Ords\BeachMa nag Co nst.ord\Rev. 1-15-02.ParkingFee. R14053B3.doc
· ~
CITY COUNCIL
AGENDA MEMORANDUM
AGENDAITEM:
January 8, 2002
ITEM A. Motion to rescind Motion No. 2001-471 of December 11, 2001
approving an annexation calendar, directing staff to prepare service plans,
and setting annexation public hearing dates.
ITEM B. Motion approving a revised annexation calendar and authorizing
staff to prepare service plans and schedule City Council public hearings to
consider annexation of approximately 519.32 acres described as:
Jones, Walter and GLO Beach Frontages: Publicly and privately owned
lands comprising approximately 44.16 acres and 9,618 feet of gulf beach
frontage, from the south most property line of Padre Balli County Park to a
point 500 feet south of the south most property line of the Lawrence Jones
property. The width of the strip extends westward from the City Limit Line on
the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level
based on U.S.G.S. and G.S. datum of 1929, to a point along the vegetation
line approximately 200 feet west of and generally parallel to the 1.37-foot line
above Mean Sea Level Gulf of Mexico shoreline.
Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comprising
approximately 194.92 acres and 6,324 feet of gulf beach frontage.
Packery Channel Park: Public and privately owned lands comprising
approximately 50.01 acres and including Nueces County Park #2 (Packery
Channel Park).
Nueces County Land South of Mustang Island State Park: Publicly owned
(Nueces County) tract of land comprising 221.00 acres and 4,211 feet of gulf
beach frontage generally surrounded by the existing City Limits and out of
the William Bryan Survey 606, between the east right-of-way line of State
Highway 361 and the existing City Limit line along the Gulf of Mexico
shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S.
and G.S. datum of 1929.
Beach Front Property North of Zahn Road: Privately owned tract of land
comprising approximately 9.23 acres and 2,009.79 feet of gulf beach
frontage abutting the City Limits on the Gulf of Mexico shoreline, being the
1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of
---"1-'
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 2
1929 and extending approximately 200 feet westward and between County
owned land and State leased land at JP Luby Surf Park.
ISSUE:
Since City Council's December 11, 2001 annexation motion, several additional beach
areas and two County Parks are now recommended for annexation. Rescinding the City
Council's annexation motion on December 11,2001, is necessary to avoid two overlapping
annexation schedules and duplicate City Council public hearings. Combining the
annexation schedule will reduce the number of meetings to only two City Council public
hearings and a 1St and 2nd reading.
Annexation of these tracts will alleviate jurisdictional problems regarding law enforcement,
fire protection and other service issues.
Jones, Walter and GLO Beach Frontages: Mr. Lawrence Jones has submitted a request
that the City annex the Gulf Beach on this property (See Attached Letter). The City's intent
and Mr. Jones acknowledges in his letter, "...the level of beach cleaning and
maintenance...will remain at a minimal level until the development of our property takes
place". Kleberg County also agrees that beach cleaning levels should be at minimal levels
until the adjacent property is developed. Staff has included Dr. Waiter's property between
Padre Balli County Park and the Jones property. In addition, staff has included additional
Gulf Beach preperty extending to a point 500 feet south of the Jones property line. The
Texas General [.and Office owns the property located south of the Jones Property.
Padre Balli Park: Padre Balli Park is currently outside City limits. The county park
contains approximately 6,324 feet of Gulf Beach frontage. Under State Statute, the County
will continue to be responsible for maintenance of the Gulf beach after annexation into the
City. In addition, all maintenance relative to the park will continue to be the responsibility of
the County after annexation.
Packery Channel Park Area: Public and privately owned lands comprising approximately
50.01 acres and including Nueces County Park #2 (Packery Channel Park).
Nueces County Land South of Mustang Island State Park: This property is owned by
Nueces County. Annexation will reduce confusion with regard to the City and County's
jurisdiction, particularly with regard to law enforcement issues and traffic operations issues
on Newport Pass Road. By State Statute, the County will continue to be responsible for
maintence of the gulf beach adjacent to their property.
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 3
Beach Frontage North of Zahn Road: This privately owned property is a strip of gulf
beach immediately north of Zahn Road and J.P. Luby Surf Park. Annexation of this
privately owned tract would require the City to maintain the gulf beach. Annexation will
help to simplify law enforcement jurisdictional issues on a high use area of Gulf Beach.
PREVIOUS COUNCIL ACTION:
Approval of the 1999 and 2001 Annexations on Mustang and Padre Islands.
REQUIRED COUNCIL ACTION:
ITEM A. Motion to rescind Motion No. 2001-471 of December 11,2001
approving an annexation calendar, directing staff to prepare service plans,
and setting annexation public hearing dates.
ITEM B. Motion approving a revised annexation calendar and authorizing
staff to prepare service plans and schedule City Council public hearings to
consider annexation of approximately 519.32 acres.
STAFF RECOMMENDATION: Approval of Items A and B.
Director of Planning
W. Thomas Utter
Assistant City Manager
Attachments
Attachment h
Attachment II.
Attachment III.
Attachment IV.
Property Owner Request for Annexation
Annexation Maps
Annexation Profiles
Annexation Calendar
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 4
Attachment I. Property Owner Request for Annexation
VISTA DEL, MAR IRRIGATION COMPANY
Now. mbe~ 29, 2001
City of r.,mpus Ch~fi
Corpua Christi, Texas 7~401
Dear
W8 further ~ th~ th~ City i~p~t th~ B~ l~ki~ S~ckcr laro~at, m on
until th~ dewlopm~t of our adj a~e~t ~op~r~y ud~.s plac,.
We believe that the anncxatien af this strip of L~nd will beuer se*ye the publ/c
tntere~ ~ provide for the orderly dcvelopmm~ o£thts are~
~t ~ Tn~e ~i an be~R!rof
Vista Dcl M~ In'igafion Company
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 5
Attachment II. Annexation Maps
Jones, Walter and GLO Beach Frontages
/
Packery Channel Park
Padre Balli Park
GULF OF
MEXICO
Nueces County Land South of
Mustang Island State Park
and
Beach Frontage North of Zahn Road
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 6
Attachment III: Annexation Area Profiles
Beach
~ . Frontage PoP ires. Bus.
Geographic Location Acres (Feet) Est.* Units units
Jones, Walters and GLO
Bea~ ~r0nta~les 44.16 9,618 0 0 0
Padre Balli Park 194.92 6,324 0 0 i 0
Packe~ Channel Park 50.01 0.00 0 0 0
Nueces County Land South
of Mustang Island State I
Park ~22!.00 ~ 4,211 0 0 0
Beach Frontage North of
Zahn Road 9.23 2,010 0 0
I
Total ,
/ -
.......... _i .~5_1_.9.32__ J____22,163. 0 0 0
--'-'1--" r -'---- t
City Council Agenda Memorandum
Annexation Motion
January 9, 2002
Page 7
Attachment IV. Annexation Calendar
January 15, 2002
City Council motion approving a public hearing schedule and
directing Staff to prepare service plans for areas under
consideration for annexation.
February 19, 2002
City Council - Presentation of Service Plans and 1st Public
Hearing (regular meeting).
February 26, 2002
City Council - 2nd Public Hearing (regular meeting).
February 27, 2002
Planning Commission conducts a public hearing to consider
zoning of proposed annexation areas.
Mamh 26, 2002
City Council - I st Reading of the annexation ordinance (regular
meeting).
April 9, 2002
City Council - 2nd Reading of the annexation ordinance and
final action on proposed zoning (regular meeting).
April 10, 2002 Effective date of annexation.
Notes and Comments