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HomeMy WebLinkAboutAgenda Packet City Council - 04/16/2002CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" APRIL 16, 2002 12:00 p.m. -Joint Meeting between the City Council and the Airport Board regarding the Quarterly Update, Airport Construction projects and other matters related to the Airport (City Hall Basement Training Room) 1:45 p.m. Certificate of Commendation for David Seiler, Retired Traffic Engineer Recognition of Terry Lugo, City of Corpus Christi Central Cashiering Supervisor, by the National Guard of the U.S. Reserves for being an Outstanding Supervisor Proclamation declaring the month of April, 2002 as "Sexual Assault Prevention Awareness Month" Proclamation declaring the month of April, 2002 as "SWBYPS Project Redirectory Month' Proclamation declaring April 20, 2002 as "4'^ Annual Earth Day/Bay Day Celebration' Proclamation declaring April 21 -27, 2002 as "Council of Hospital Auxiliary Volunteer Week" Special Presentation by the Friends of the Library of "A Bird's Eye View of Corpus Christi" 15CPAnniversary Project AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 16, 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 earlier. Please speak into the microphone located at the podium and state your name and address. Yourpresentation will be limited to three minutes. If you have a petition orotherinformation pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concillo y cree qua su ingles as limitado, habr8 un interprete inglds-espanol an todas las juntas del Concilio para ayudarte. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 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 George Pledger, Weber Road Church of Christ. 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 Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Agenda Regular Council Meeting April 16, 2002 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of the Joint and Regular Meetings of March 26, 2002 and Special Meeting of April 2, 2002. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Airport Board * Sister City Committee * Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein forreconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving a supply agreement with Altivia, of Houston, Texas, for approximately 415 tons of sodium chlorite solution in accordance with Bid Invitation No. BI -0065-02 based on low bid Agenda Regular Council Meeting April 16, 2002 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) for an estimated annual expenditure of $234,060. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY2001-2002. (Attachment # 3) 4. Motion approving the purchase of one (1) line jetting truck from the Houston - Galveston Area Council of Governments (HGAC), for the total amount of $79,009.02. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehiclewill be used by the Wastewater Department. Funds are available from the FY2001-2002 Capital Outlay Budget. This item will be an addition to the fleet. (Attachment # 4) 5. Motion approving the purchase of four mowers and one sand trap rake in accordance with Bid Invitation No. BI -0057-02 from AMC Industries, of San Antonio, Texas based on low bid for a total of $109,018.80. All items are replacement units. Funding is available in the FY2001-2002 Capital Outlay Fund. (Attachment # 5) 6. Motion approving the purchase of ten (10) sedans from the Houston - Galveston Area Council of Governments (HGAC), for the total amount of $146,781.50. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Police Department. Funds are available through the Law Enforcement Block Grant. These items are replacements to the fleet. (Attachment # 6) 7.a. Ordinance amending Ordinance No. 024528 which adopted the FY2001-2002 budget to authorize purchase of additional fire trucks through lease purchase program. (Attachment # 7) 7.b. Motion authorizing the lease purchase of two aerial fire trucks from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $1,295,922.82. The award is based on the Cooperative Purchasing Agreement with HGAC. Funds have been budgeted in the FY2001-2002 Capital Outlay Budget. These items are replacement upgrades and will be used by the Fire Department. (Attachment # 7) Agenda Regular Council Meeting April 16, 2002 Page 4 8. Motion approving the purchase of one pre -owned crawler tractor with sideboom in accordance with Bid Invitation No. BI -0067-02 from H & V Equipment Services, Inc., of Corpus Christi, Texas, based on low bid, for a total of $135,554. This equipment will be used by the Gas Department and is an addition to the fleet. Funding is available from the FY2001-2002 Capital Outlay Fund. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles, Inc. in the amount of $1,065,630 for the Crosstown/South Padre Island Drive (SPID) Interchange Waterline Adjustments at Gollihar Road and Johanna Street. (Attachment # 9 ) 10. Motion authorizing the City Manager or his designee to execute a construction contract with Rycon E & C, LLC in the amount of $161,435 for the installation of Wastewater Clean -outs. Funds are available in Capital Improvement Budget FY2001-2002. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute Amendment No. 6 to an engineering services contract with Govind E.C. in the amount of $99,112 for the Broadway Plant Lift Station Diversion project. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Amendment No. 2 for Stage 2 services to the engineering contract with Goldston Engineering, Inc. in the amount of $249,575 for Laguna Madre Service Area -Collection System Rehabilitation Project. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering services contract with Coym, Rehmet & Gutierrez Engineering, Inc. in the amount of $299,040 for the Buckingham Estates Lift Station Project. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute an amendment to an architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060 for short term parking pedestrian canopies and vehicle CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 16, 2002 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) inspection stations for the Corpus Christi International Airport Roadway and Parking Lot Improvements Project. (Attachment # 14) 15. Ordinance abandoning and vacating 1,000 -square feet, of a 10 - foot wide utility easement out of Lot 11, Block 8, Lantana Industrial Area; requiring the owner, Turbonetics Engineering and Services, Inc., to comply with the specified conditions and replat the property with 180 days at owner's expense. (Attachment # 15) 16. Motion approving the purchase of 77 laptop computers from Dell Computer Corporation in accordance with the State of Texas Cooperative Purchasing program for the total amount of $199,926.65. The equipment is for the Police Department funded through the COPS MORE grant. (Attachment # 16) 17.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $140,688 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 17) 17.b. Ordinance appropriating $140,688 in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 17) 18.a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months, and not to exceed $125,176. (Attachment # 18) 18.b. Ordinance appropriating $15,166 from the Housing Authority of the City of Corpus Christi (Authority) for supplemental police patrol at the Authority in the No. 1020 General Fund - Police Department; amending Ordinance No. 024528 which adopted the Agenda Regular Council Meeting April 16, 2002 Page 6 FY2001-2002 Budget by increasing both revenues and appropriations by $15,166 in the No. 1020 General Fund. (Attachment # 18 ) 19. Resolution authorizing the City Manager or his designee to execute an agreement with Texas A & M University - Corpus Christi in the amount of $36,320 for professional services to expand the Police Department's current technology through enhanced geographical information system/mapping of motor vehicle thefts. (Attachment # 19) 20. Second Reading Ordinance -Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule I, One -Way Streets and Alleys, Section (a), by establishing a one-way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest Boulevard)to River Hill Drive, at all times; providing for penalties. (First Reading - 3/26/02) (Attachment # 20) 21. Second Reading Ordinance - Annexing Padre and Mustang Island Tracts; annexing 9,618 feet of Padre Island Gulf Beach Frontage Tracts owned by Jones, Walter & GLO (44.16 acres) and Padre Balli Park (Nueces County Park No. 1) (194.92 acres and 6,324 feet of Gulf Beach frontage on Padre Island), in the vicinity of the Nueces - Kleberg County Line; annexing Packery Channel Park (Nueces County Park No. 2) and adjoining private land (approximately 50.01 total acres for park and private land) on Padre Island; annexing 221 acres of land south of Mustang Island State Park, comprising 4,211 feet of Gulf Beach frontage on Mustang Island, owned by Nueces County; annexing 9.23 acres of land north of Zahn Road and J.P. Luby Surf Park, comprising 2,009.79 feet of Gulf Beach frontage on Mustang Island, owned by Estate of Eric C. Lower; providing that each annexed tract is contiguous to the City limits of the City of Corpus Christi; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and rules; requiring application for Certificate of Occupancy for nonconforming use; providing for amendment of the official maps of the City of Corpus Christi, providing for an effective date. (Attachment # 21) (First Reading - 3/26/02) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) LN . Agenda Regular Council Meeting April 16, 2002 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Tract 1: 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 United States Geological Survey (U.S.G.S.) and Geodetic Survey (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. Tract 2: Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of gulf beach frontage. Tract 3: Packery Channel Park: Public and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park). Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage 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 the U.S.G.S. and G.S. datum of 1929. Tract 5: Beach Front Property North of Zahn Road:Privately owned (Eric C. Lower) 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 J.P. Luby Surf Park. Agenda Regular Council Meeting April 16, 2002 Page 8 I. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 22.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $57,202 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 22) 22.b. Ordinance appropriating $57,202 from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. (Attachment # 22) J. PUBLIC HEARINGS: ADJUSTMENTS TO SINGLE MEMBER DISTRICTS: 23. Public Hearing regarding Proposed Adjustments to the City Council Single Member District Boundary Lines. (Attachment # 23) ZONING CASES: (2:00 P.M.) 24. Case No. CO202-01A City of Corpus Christi• Zone newly annexed areas to an"R-1 B" One -family Dwelling District and "B - 2A" Barrier Island Business District on Nueces County Park No. 2 (Packery Channel Park), located on the east side of South Padre Island Drive, north of Verdemar Drive. (Attachment # 24) Planning Commission's and Staffs Recommendation: Denial of the "R-1 B" and "B -2A" Districts, and in lieu thereof, approval of an "F -R" Farm -Rural District on Tracts 1 and 2. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) T] Agenda Regular Council Meeting April 16, 2002 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tracts totaling 50.01 acres, designated as Area A, Tract 1 and 2, by zoning as "FR" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; requiring application for Certificate of Occupancy for nonconforming use. 25. Case No. CO202-02A City of Corpus Christi• Zone newly annexed areas to an "R-1 B" One -family Dwelling District and "AT" Apartment Tourist District on 230.23 acres out of William Bryan Survey 606, Land Survey 64, located on the southeast side of State Highway 361, northeast of South Padre Island Drive. (Attachment # 25) Planning Commission's and Staff's Recommendation: Denial of the "R-1 B" District, and in lieu thereof, approval of an "F -R" Farm - Rural District on Tract 1 and "AT" Apartment Tourist District on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tracts totaling 230.23 acres, designated as Area B, by zoning Tract 1 as "F -R" Farm -Rural District and Tract 2 as "AT" Apartment -Tourist District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; requiring application for Certificate of Occupancy for nonconforming use. 26. Case No. CO202-03A City of Corpus Christi• Zone newly annexed areas to an "R-16" One -family Dwelling District on Nueces County Park No. 1 (Padre Balli Park), located on the east side of South Padre Island Drive, south of Whitecap Boulevard. (Attachment # 26) Planning Commission's and Staffs Recommendation: Denial of the "R -1B" One -family Dwelling District, and in lieu thereof, approval of an "F -R" Farm -Rural District. Agenda Regular Council Meeting April 16, 2002 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tract totaling 195.92 acres, designed as Area C, by zoning as "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; requiring application for Certificate of Occupancy for nonconforming use. 27. Case No. 0202-04A City of Corpus Christi: Zone newly annexed areas to an "AT" Apartment Tourist District on Gulf of Mexico beach frontage, 200 feet wide and 9,618 feet long, located east of Park Road 22, south of Sea Pines Drive. (Attachment # 27) Planning Commission's and Staffs Recommendation: Approval of the "AT" Apartment Tourist District. ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tract totaling 44.16 acres, designated as Area D, by zoning as "AT" Apartment -Tourist District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; requiring application for Certificate of Occupancy for nonconforming use. 28. Case No. 0302-01. Isla Properties: A change of zoning from an "R-1 B" One -family Dwelling District to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 38, south half of Lot 14, located on the north side of Yorktown Boulevard, approximately 425 feet west of Scarlet Oak Drive. (Attachment # 28) Planning Commission's and Staffs Recommendation: Approval of the "RE" Residential Estate District. Agenda Regular Council Meeting April 16, 2002 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance upon application by Isla Properties by changing the zoning map in reference to Lot 14, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1113" One -family Dwelling District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. 29. Case No. 0302-02. Oceanic Development Ltd: A change of zoning from an "R -1A" One -family Dwelling District and "R-113" One -family Dwelling District to a "134" General Business District on Tract 1 and "A-1" Apartment House District on Tract 2, on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 6.5 acres out of Lots 1 and 2, located on the north side of South Padre Island Drive, approximately 450 feet east of Rodd Field Road. (Attachment # 29) Plannino Commission's and Staffs Recommendation: Approval of the "B-4" General Business District on Tract 1 and "A-1" Apartment House District on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Oceanic Development, Ltd. by changing the zoning map in reference to 6.5 acres out of Lots 1 and 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1A" One -family Dwelling District and "R-1 B" One -family Dwelling District to "B-4" General Business District on Tract 1 and "A-1" Apartment House District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. K. PRESENTATIONS: (NO PRESENTATION ITEMS) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, Agenda Regular Council Meeting April 16, 2002 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE SIGN THE FORMAT 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 dirge a la junta y cree qua su ingl6s es limifado, habr8 un int6rprete ingl6s-espahol en la reuni6n de la junta para ayudarle. PER CITYCOUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss 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 following 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. 30. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. 31. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding acquisition of approximately 11.95 acres owned by Rudolph T. Barrera, et ux, fora buffer zone adjacent to the Oso Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 32. Executive session pursuant to Texas Government Code Sections 551.071 regarding Hector Villareal et al v. Loyd Neal et al No. 020086800-F, 214'h District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting April 16, 2002 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities, request by Council for information or reports from Staff, reports of activities of individual Council members and Staff,• constituent concems, 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. 33. CITY MANAGER'S REPORT Upcoming Items 34. MAYOR'S UPDATE 35. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., April 12 2002. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES tCONTINUING PRIORITY Airport / Seawall / CConvgntion Center / Aregg • 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-Eng1jeering • Clearly define "privatization" and "re-engineering." • Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. • Establish process to identify what services can and cannot be privatized. • Continue focus on park maintenance. Finance • Maintain the 5 -year forecast model. • Review the August 1 budget adoption deadline. Crime Control and Prevention • Continue implementation of the Community Policing initiative. • Establish date for Crime Control and Prevention District election. • Continue City participation in Youth Opportunities United and other youth crime initiatives. EmnloXee Health Care • Address concerns related to employee compensation and benefits, including health insurance. • Work to coordinate Police and hire health benefits with those of other City employees Econgi is Develongietlt Sales Tia Establish election date. Stour Water Utility • Reconsider implementation plan for a Storm Water Utility. Packery 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. Intermet • 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 a -mail. CABG • Continue active role. Frost Bank Buildia¢ • Lease and complete renovation Annexation Plan • Implement current island annexation plan ADA Transition Plan • Develop and approve ADA Transition Plan within 90 days. ftdistricdug • Develop Council -approved redistricting plan for the City of Corpus Christi IndusWal District Cpntract • 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 Marke of CC Museum and Columbus Shius • 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/implement0ion plans for the following priority areas: 6 Desalination Pilot Project n*Code Enforcement in Trashy Neighborhoods a*Employee Classification Study V-1 Master Drainage Plan AGarwood Water jb *New Golf Course AIA *Charter Revision with Specific Charge(s) rip *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan WDowntown / South Central Development Plan (marina, t -heads, breakwater) 111 Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects ISouthside 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 1 MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS March 26, 2002 - 12:07 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr.* Mayor Pro Tem Brent Chesney* Javier Colmenero* Henry Garrett Bill Kelly Rex Kinnison John Longoria* Jesse Noyola Mark Scott Ci_ty Staff Present City Manager David R. Garcia City Attomey James R. Bray Jr. City Secretary Armando Chapa Police Commander Bryan Smith Recording Secretary Rachelle Parry CRIME CONTROL DISTRICT BOARD Linda Bridges, President Vicky Alexander Larry Baker John Heldenfels W.L. Hermis Butch Pool Rose Made Soto Isaac Valencia ABSENT Danny Mora (Crime Control) The meeting was called to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that quorums of both the Council and the Crime Control District (CCD) Board were present to conduct the meeting. Ms. Bridges said that the board would make a short presentation to update the Council on the district's progress and then be available for questions. Cmdr. Smith explained that district fimds were used to purchase 20 radars which have been installed in the patrol cars; another 17 will arrive in the next allotment. Assistant Chief Bung said they are awaiting one more signature to proceed with the video imaging project. Cmdr. Smith said the community policing mobile vehicle has been used in various ways around the city and there are 179 families in case management at the Juvenile Assessment Center. The district provides funds for two case managers there. *Mayor Neal and Council Members Colmenero and Longoria arrived at about 12:10 p.m. Cmdr. Smith also discussed how district monies have assisted the city in installing a special graffiti-resistant laminate on street signs in specific neighborhoods identified by directed patrol officers. He said it is cost-prohibitive to use that laminate on all the city's street signs. Ms. Bridges addressed the district's proposed FY 2002-03 budget. She said the CCD board will hold a heating on the budget on April 17, 2002 and adopt it during their May 8th meeting. The City Council must hold a public heating on the adopted budget on or before the June 1 lth Council Minutes - Joint Meeting March 26, 2002 Page 2 meeting to meet the June 16th deadline. On or before their June 25th meeting, the Council must approve or reject the CCD budget by the July 2nd deadline. Ms. Bridges said that while the board is very positive about the CCD being renewed by the voters during the November 2002 election, they also want to ensure that they have contingency plans in case it is not renewed. Cmdr. Smith said the proposed budget essentially continues the funding of the 50 police officers (the last 10 officers will start the police academy in April). Cmdr. Smith said that when the CCD was formed five years ago, it paid for 25 civilian positions. In FY01-02, six civilian positions were cut (three dispatchers and three crime scene technicians). In order to fund the remaining 10 police officers in FY02-03, another 16 civilian positions will have to be cut: legal advisor, seven dispatchers, one crime scene technician, and seven office assistants (three from the pawn shop unit and four from the telephone reporting unit). He said those reductions--which equal about $750,000--will result in three civilian positions being funded by the CCD. Cmdr. Smith said that staff had recommended retaining those civilian positions and limiting the number of police officers to 40 instead of 50. A discussion ensued about the proposed budget and Cmdr. Smith responded to Council members' questions. Assistant Chief Bung pointed out that the elimination of seven of the civilian positions will slow down the implementation of some of the C CD's technological programs. Mr. Mark McDaniel, Director of Management and Budget, said the proposed revenue for FY02-03 is about $3.8 million. Cmdr. Smith also reviewed the budget calendar. *Council Member Chesney arrived at approximately 12:25 p.m. Ms. Bridges said she had informed the Council via a letter that the CCD board unanimously supports a five-year renewal of the district through a continuation referendum in the November 2002 election. She said the board had originally discussed a 1 O-year renewal period but reconsidered to five years for several reasons. She said the board has budgeted monies for administrative costs associated with the election. Council Member Scott asked what would occur if the CCD renewal failed in November. City Manager Garcia said the city would begin the process of realigning the Police Department, which would have to be reduced by the 50 officers being funded by district monies. Additional discussion ensued and Mr. Garcia pointed out that the city does not have the resources to support the district's programs. Mayor Neal asked the CCD board members to develop suggestions on how the Council can promote the district's renewal. Responding to Council Member Colmenero, City Attomey Bray said the ballot language for the renewal election is prescribed by the statute. The Mayor said it is important to promote the many benefits of the Crime Control District. Cmdr. Smith added that the existence of the district is critical to the community policing initiative. There being no other business, Mayor Neat adjourned the joint meet'mg at 12:42 p.m. on March 26, 2002. CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 26, 2002 1:07 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Ci_ty Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Shane Kinnison, Parkdale Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 Council retreat meeting of March 15, 2002 and the regular Council meeting of March 19, 2002. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-13). Council members requested that Items 4 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following passed: 2. M2002-078 Motion approving a supply agreement with Pencco Inc. of San Felipe, Texas, for approximately 2,050,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0062~02 based on low bid for an estimated annual expenditure of $466,375. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY2001-2002 by the Wastewater Department. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 3. M2002-079 Motion approving a supply agreement with R&R Delivery Service of Corpus Christi, Texas, Minutes - Regular Council Meeting March 26, 2002 Page 2 for meal delivery service consisting of~the delivery of approximately 126,002 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI-0061-02 based on low bid for an estimated annual expenditure of $134,822.14. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. ORDINANCE NO. 024807 Ordinance appropriating $206,250 from the Unreserved Fund Balance in Wastewater Fund No. 4200 for services to update wastewater infrastructure data; amending Ordinance No. 024528 which adopted the FY2001-2002 operating budget to increase appropriations by $206,250. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. M2002~082 Motion authorizing the City Manager or his designee to enter into an agreement with EMA, Inc. of Horton, Texas, for geographic information system (GIS)-related services for an amount not to exceed $494,000. Services included are to update and confirm the water and wastewater infrastructure data; to design the geodatabases for the Utilities; and convert the data to ESRI's ArcGIS software and migrate it to the geodatabases. Funds are available in the Gas, Stormwater, Water and Wastewater Departments. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 6.c. M2002-083 Motion authorizing the City Manager or his designee to enter into an agreement with Spatial Solutions of Fort Collins, Colorado, for an amount not to exceed $51,810. Services included are to convert the basemap and parcel data to ArcGIS software and migrate it to the geodatases. Funds are available in the Municipal Information Systems Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting March 26, 2002 Page 3 10. 11.a. M2002-084 Motion authorizing the City Manager or his designee to execute a construction contract with Miller & Miller Mechanical Contracting Company Inc. of Corpus Christi, Texas, in the amount of $40,171 for the Memorial Coliseum air handler replacement project FY2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2002-085 Motion approving the application from the Art Community Center of Corpus Christi to temporarily close Cooper's Alley between northbound and southbound Shoreline Boulevard between the hours of 7:00 a.m. & 7:00 p.m. on April 13-14, 2002 for the Attfest 2002 event. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 024808 Ordinance amending Section 10-86 of the Code of Ordinances, City of Corpus Christi, regarding beach user fees; providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 024809 Resolution authorizing the City Manager or his designee to execute Change Order No. 37 with the Texas Department of Transportation in the amount of $48,535.20 for the installation of groundboxes for future street lighting as part of the Spur 3, Phase 2, Eunis Joslin Road construction contract. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ]~ESOLUTION NO. 024810 Resolution authorizing the City Manager or his designee to accept Amendment No. 2 for the Federal Aviation Administration Multi-Year Grant No. 3-48-0051-28-00 in the amount of $115,658. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. Minutes - Regular Council Meeting March 26, 2002 Page 4 11.b. ORDINANCE NO. 024811 Ordinance appropriating $115,658 from Federal Aviation Adm'mistration Grant No. 3-48- 0051-28-00, Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for the terminal reconstruction program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 12. ORDINANCE NO. 024812 Ordinance amending the Code of Ordinances, Chapter 53-Traffic, Section 53-250 - Schedule I, One-Way Streets and Alleys, Section (A-l) School Areas, by establishing a time-restricted one-way traffic pattern on Panama Dr. in the westbound direction from Kingston Drive to Carroll Lane during the school hours of Kostoryz Elementary School; providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. FIRST READING ORDINANCE Ordinance amending the Code of ordinances, Chapter 53-Traffic, Section 53-250 - Schedule I, One-Way Streets and Alleys, Section(a), by establishing a one-way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest Boulevard) to River Hill Drive at all times; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 4, benefits administration module. In response to Council Member Kelly, Assistant City Manager Jorge Cruz-Aedo explained that that module was acquired with the original PeopleSoft software. Precision Task Group Inc. is being hired to implement the application. He said the use of this software in the Risk Management Department will help avoid future costs. City Secretary Chapa polled the Council for their votes as follows: 4. M2002-080 Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group Inc. of Houston, Texas, for consulting services for PeopleSoft benefits administration module implementation in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $85,140. Funds have been budgeted by Risk Management in FY2001-2002. Minutes - Regular Council Meeting Mamh 26, 2002 Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 5, purchase of software and services. Council Member Scott asked about this purchase. Mr. Ogilvie Gericke, Director of Information Systems, explained that this software will constitute the "back-end" system for building permits, business licenses and code enforcement. City Manager Garcia said the city is in the process of transitioning from a paper system to a computer system for those applications by automating the data base. Eventually, several applications will be available on the city's intemet site. Council Member Longoria asked if this will be part of the "one-stop" center for building permits and other services. Mr. Garcia said this is part of that foundation. City Secretary Chapa polled the Council as follows: 5. M2002-081 Motion authorizing the City Manager or his designee to purchase software modules, services, and vendor travel expenses for on-site services for Building Permits, Business Licenses and Code Enforcement from HTE Inc. of Lake Mary, Florida, in an amount not to exceed $102,200 for the departments of Development Services and Housing and Community Development. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal deviated from the regular agenda and went to the first presentation (Item 18), a project update by the Waters Consulting Group Inc. on the development of a compensation and classification system for all city employees except Police and Fire personnel covered by collective bargaining agreements. Ms. Ruth Ann Edwards, a consultant with Waters Consulting Group (WCG), introduced Mr. Rollie Waters, CEO of the finn. Ms. Edwards gave a comprehensive computer presentation about the goals of the compensation study and the progress made to this point. She said the first step is to ensure that the city's system complies with federal legislation (ADA, Fair Labor Standards Act, EEO, etc.). She said WCG is also looking at how the city has established its pay structure within the organization (internal equity), market competitiveness, and budgeting issues. Ms. Edwards then discussed the project overview. She noted that WCG has been working with the City Manager, a steering committee consist'rog of city employees, a job evaluation team and now the Council to receive feedback on different policies and objectives throughout the study. She pointed out that WCG is tailoring the program to meet the city's individual needs. Minutes - Regular Council Meeting March 26, 2002 Page 6 Ms. Edwards said that an initial planning session was held in August 2001 and much progress has been made since then: the job evaluations have been completed, the internal hierarchy of jobs has been established, and the market data has been gathered and applied to the individual employees. She said now WCG can develop a salary structure and they will be coming back to the Council in April to discuss how to implement it for individual employees. She said the end result will be a pay system that has administrative policies and procedures, so that not only will city officials be able to manage how employees are handled in the pay system on a daily basis, they will also have information on how to keep the system up-to-date and in line with the outside market. The WCG consultant further discussed specific aspects of the study, including the communication strategy; development of the job descriptions and the point factor job evaluations; establishment ora market policy; and key considerations in designing a customized salary structure. She noted that one of the ways the city reduced the cost of the project was to have WCG train employees to complete the job description revisions once the access data base was developed. Ms. Edwards said the last part of the project will consist of the following tasks: salary policies and procedures will be finalized; movement through the pay ranges will be established for future maintenance; recommendations for pay increases will be presented; program maintenance using a specific software program will be established; and a formal presentation will be made to the Council. Responding to a question from Mayor Neal, Mr. Garcia said staff is planning a phased implementation of the results of this study. Council Member Kinnison posed a hypothetical situation about changing pay ranges. Ms. Edwards said them are several policy decisions the Council will need to make about those issues. Mr. Waters pointed out that different departments may have different issues and WCG will be making recommendations on how to handle all of them. He acknowledged that implementation of the results will be driven by the financial resources that will be available. He said WCG factors in cost-of-living differentials in different markets. Responding to Council Member Colmenero, Ms. Cynthia Garcia, Director of Human Resources, and Ms. Edwards explained specific aspects of the study. Council Member Scott asked about the benefits survey. Ms. Edwards said it will include not only medical insurance but also paid leave and special types of pay. In reply to another question from Mr. Scott, Mr. Garcia said there are a wide range of job categories in which the city is out of balance in comparison to other markets. However, he said the question is the amount of money the city can afford to spend to bring those jobs in line with the market. He said one of the reasons WCG received such good cooperation from employees is because they expect the study to affect their compensation. Council Member Noyola asked for a list of the steering committee members and Ms. Garcia discussed its composition as well as the make up of the job evaluation team. Mayor Neal recessed the Council meeting to read the day's proclamations. Upon reconvening, Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public heating on the following zoning case: Minutes - Regular Council Meeting March 26, 2002 Page 7 14. Case No. 0202-05. Ata O. Azali and Taybeh Mostagahsi: A change of zoning fi.om an "F-R" Farm-Rural District to an "R-lB" One-family Dwelling District on Flour Bluffand Encinal Farm and Garden Tracts, Section 19, being 7.5 acres out of Lots 11 and 12, located on the north side of Wooldridge Road, approximately 150 feet west of Windsong Drive. City Secretary Chapa said the Planning Commission and staffrecommended approval of the "R-lB" One-family Dwelling District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024813 Amending the Zoning Ordinance upon application by Am O. Azali and Taybeh Mostagahsi, by changing the zoning map in reference to 2.5 acres out of Lot 11 and 5 acres out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, fi.om "F-R" Farm-Rural District to "R-lB" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." The second presentation (Item 15) was regarding the emergency home repair grant program. Mr. Norbert Hart, Director of Housing and Community Development (HCD), said it is designed to assist home owners ages 62 or older and/or disabled individuals with no age limit with repairs to their homes. He said the program provides a means for very low-income home owners to have defects in their homes repaired which would otherwise endanger their health and safety. Mr. Hart said the grants, which cannot exceed $6,500 each, only address the following home repairs: roofing, plumbing, electrical, heating systems, accessibility modifications, and minor structural defects associated with those repairs. The program was started in October 1984 and it has assisted more than 2,297 elderly and disabled persons. Organizations which participate in repair and assistance programs are the Kiwanis Clubs, United Methodist Church (Sea City Work Camp), and the Corpus Christi Police Department (Community Relations Division). Mr. Hart said the annual funding for the emergency repair grant program comes from the Community Development Block Grant (CDBG) program. He said the HCD staff submits funding recommendations to the Planning Commission, which reviews all the applications and in mm makes recommendations to the City Council, which has the final approval. Total approved funding has ranged from $250,874 in 1984 to $900,000 in 1997; the last five fiscal years the funding level has remained at $850,000. He also discussed the specific eligibility criteria and income limits. With regard to grant processing, Mr. Hart explained that all applicants are seen by HCD staff Minutes - Regular Council Meeting March 26, 2002 Page 8 members, who assist them in filling out the applications. The program is explained and a housing assessment form is completed to determine if the applicant has an existing or impending hazard. He said if it is determined that a hazard does not exist, the applicant's name is placed on a waiting list (which may take as long as a year); otherwise, the case is processed immediately. The average processing time for a non-hazardous grant is about two to four months from the date the homeowner's name is selected from the waiting list to the completion date. The actual construction time is 15 working days (three weeks). He said about 20 cases a month are elected from the waiting list on a "tint come, first served" basis, which conforms to the non-discriminatory procedures established in the Fair Housing Act. The HCD Director also discussed the criteria for determining a hazard and characteristics of the grant program's waiting list. He noted that people who have received prior assistance make up a major portion of that list, which creates an additional delay for tint-time applicants. Mr. Hart then reviewed statistics of the emergency repair grant program and services provided by the HCD Department. He said the grant funds required to address the applicant waiting list are $911,662. He also reviewed the contractor recruitment criteria and characteristics. Mr. Hart said staffwas recommending the following: eliminate the requirement for workers compensation; increase the program funding level to $1.2 million; revise the current program policy to reflect that applicants can only apply once for assistance; retain second-time assistance for tree hazards; and revise the retainage to $100 or 5% (starting at $2,000). He said staff intends to bring back additional information during the Corpus Christi Community Improvement Corporation annual meeting in April. Mayor Neal said staff's request for additional funding for the emergency repair grant program will have to be considered along with all the other requests during the upcoming CDBG hearing. He added that personally he would not approve eliminating the workers compensation requirement. Council Member Colmenero referred to the lengthy waiting list, and Mr. Hart said that limiting the program to first-time applicants would significantly reduce it. He added that second applications should be allowed for legitimate hazards. Responding to a question from Mr. Colmenero, Mr. Hart said the eligibility guidelines have been in place since the program's inception. Responding to Council Member Kelly, Mr. Hart said that any monies that are not spent as part of the Annual Action Plan (which includes the CDBG program) are reallocated by the Council. He said the time period to process a grant is now about nine months. He added that this year's allocation for the emergency repair grant program has already been expended, although some money has been reserved for tree hazards. He said staffhas been working to streamline the process and now the problem is a lack of sufficient finding. Council Member Longoria said he thought that staff should make every effort to satisfy citizens' concerns about whether or not a hazard exists in their homes. Mr. Hart said staffdoes not physically inspect the house of every applicant unless they identify a hazard. Mr. Longoria said that if an applicant has not used all of the $6,500 in allocated grant funds, he does not consider them Minutes - Regular Council Meeting March 26, 2002 Page 9 second-time applicants. Mr. Hart reiterated that such participants lengthen the waiting period for first-time applicants. Additional discussion ensued about the application process. In reply to other questions from Mr. Longoria, Mr. Hart said that in the emergency repair program, the contractors are paid in a lump sum at the end, while in the rehab program (such as with $50,000 contracts) contractors get draws as they proceed. City Attorney Bray said that since those contracts are for private homes and not public works projects, the statute does not apply. Mr. Hector Vallejo, HCD Program Manager, said that some small contractors are not able to participate in the program because of the workers compensation requirement. He added that currently the repair projects are done on a rotation basis with the contractors; they average about one per month. Mr. Longoria commented on the importance of the emergency repair grant program, saying he would like it to operate as efficiently as possible. He added that he thinks staff should request the $1.2 million to shorten the waiting period. Responding to Council Member Noyola, Mr. Jack Perales, Housing Administration Supervisor, further explained specifics of the repair program and the warranties. Mayor Neal opened discussion on Items 19, 20 and 21 regarding the Corpus Christi Beach nourishment project. City Manager Garcia explained that it is not a city project--it was undertaken by the Texas General Land Office (GLO) and the city supported them in facilitating the construction. Mr. Cruz-Aedo explained that the Council is being asked to approve the issuance of $1.3 million of anticipation notes, which are short-term securities that will be issued by the city at a rate of 4.65%. He said they are structured over six years--two years are interest-only and the remaining four years are principal and interest. He added that they are callable at any time so that proceeds from a settlement on the original contract can be used to redeem them. Mr. Garcia said the city terminated the contract with the original contractor because he was unable to complete the project to the city's satisfaction. Consequently, the city has turned to the contractor's bonding company to cure the default and staff expects to successfully conclude those discussions. He added that since the City Charter requires that all funds be available before a contract can be approved, these anticipation notes will provide the funding in the short tenn. Mayor Neal asked why the city cannot use the commercial paper program to fund this contract. Mr. Cruz-Aedo said that commercial paper is only used for utility projects. Mr. JeffLeuschel, of McCall, Parkhurst and Horton, said that there is a specific statute that authorizes cities and counties to issue short-term notes of up to seven years in maturity payable from taxes, revenues or bond proceeds. He said Zions First National Bank is fully aware of the receipt of the surety bond proceeds and they are agreeable to having them taken out at any time. He said there will be a slight premium of 1% associated with that so there will be a cost of $13,000 in addition to the $1.3 million to settle the payment. He said they anticipate an April 24th delivery of the notes. Minutes - Regular Council Meeting March 26, 2002 Page 10 Responding to Council Member Kinnison, City Attorney Bray said city staff is in negotiations with the bonding company, which has not been able to obtain a decision fi.om their corporate hierarchy yet. Mr. Garcia said the safest thing would be to not do anything until the bonding company makes a decision about what they will pay. However, staff felt this project created a hardship for the property owners on Corpus Christi Beach and the city needed to proceed expeditiously to address the problem. He added that the state is supportive of the city's actions. Council Member Kelly asked what will happen if the bonding company refuses to pay. Mr. Bray replied that the city will have a cause of action against them if they cannot reach a settlement. Mr. Kelly also asked if staff knows where the proposed contractor will obtain the sand. Assistant City Manager Ron Massey said he has indicated one source. He said the quality control measures are still in effect and staffwill ensure that the sand meets the specifications before it is placed on the beach. Mr. Garcia reiterated that the previous contract was terminated because the company did not provide the proper quality of sand. Council Member Chesney said he and Mr. Kelly had questioned the previous contractor's work and he said he is still concerned about those issues. Mr. Angel Escobar, Director of Engineering Services, said the consultant, Shiner Moseley, has done an exhaustive background check on Longhorn Excavators Inc. Mr. Chesney said he wants to make sure this project is completed correctly this time and he hopes the city pursues a settlement with the bonding company. Responding to Council Member Colmenero, Mr. Leuschel said this process is the best and quickest method to complete the project. Mr. Colmenero asked that staff communicate with the residents and businesses on Corpus Christi Beach about the project. Mr. Escohar said they will continue to do so. Council Member Scott commented favorably about the funding mechanism and he asked about Longhorn's experience in this type of work. Mr. Escobar said the company has completed projects that utilize a similar construction process (movement and placement of materials to meet specifications). In reply to Mr. Scott, Mr. Dan Heilman of Shiner Moseley said the level of care they used in checking references for this project is in excess of what is normally done. Mr. Escobar said that Mr. Parker, one of the owners of Longhorn Excavators, was also present. There were no comments from the audience. City Secretary Chapa polled the Council: 19. ORDINANCE NO. 024814 Ordinance authorizing the issuance of anticipation notes in the amount of $1,300,000; approving the sale of the notes and ordaining other matters related thereto. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20. ORDINANCE NO. 024815 Ordinance appropriating $1,300,000 fi.om the issuance of anticipation notes into Fund No. Minutes - Regular Council Meeting March 26, 2002 Page 11 3280, Park CIP Fund, Project 130465, Corpus Christi Beach nourishment, mending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget by increasing expenditures by $1,300,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 21. M2002-086 Motion authorizing the City Manager or his designee to execute a construction conlxact with Longhorn Excavators Inc. of Sugarland, Texas, for the total fee not to exceed $1,190,000 for the nourishment of Corpus Christi Beach. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 22, convention center and arena altemative delivery methods. City Secretary Chapa said that Council Member Kelly would be abstaining fi'om discussing or voting on this item. Mr. Kevin Stowers, Assistant Director of Engineering Services, said staff was bringing the Council the recommendation of the City Major Construction Projects Advisory Panel to proceed with an alternative delivery method. He said that method became available to Texas cities in September 2001 for architectural projects. He said the panel is recommending the use of competitive sealed proposals for the new arena and the use of a construction manager at risk for the convention center expansion and rehabilitation project. Mr. Freddie Bustillo, of Gilbane Building Company, the project manager, gave a presentation about the new delivery method. He said that about 15 months ago, city staff asked Gilbane representatives to discuss with the advisory panel members about how to maximurn opportunities for local involvement. He said the panel consists of representatives of several local organizations, including the Hispanic Contractors Association, AGC, MBOC, MBDC, Hispanic and Black Chambers of Commerce and others. Mr. Bustillo said they concluded that one of the first steps was to conduct a market resource assessment of the Corpus Christi firms that would have an interest in the convention center and arena projects. He said they jointly developed a contractor information request form and Gilhane gave presentations to associations about the projects. He said they developed a database of 559 firms which the city can now use and, of those, they refined a list of almost 200 firms that are directly related to the construction industry. Mr. Bustillo said they then took the database of the 200 firms and delineated the firms' bonding capacity and largest project in 2000. Minutes - Regular Council Meeting March 26, 2002 Page 12 In meetings with the advisory panel, Mr. Bustillo said they discussed three types of delivery methods: competitive bidding, competitive sealed proposal, and construction management at risk. He said that competitive bidding is the traditional method with which most public agencies are very familiar. The competitive sealed proposal is similar to it in that the owner selects an architect/engineer (A/E) to design the project. Once construction documents are completed, the owner solicits proposals from contractors to perform the work. Selection is generally based on a combination of price and other factors that the owner deems in its best interest. He said the advisory panel is recommending competitive sealed proposal for the arena project. Mr. Bustillo also explained the concept of construction management at risk. He said it is a delivery system wherein the construction manager at risk (CMR) serves as the general contractor, assuming the risk for the construction guaranteed price and providing design-phase consultation in evaluating costs, schedule, implications of alternative designs/systems, and materials. He said that selection is based on criteria that combine qualifications and experience and may involve fees and general conditions. He said the panel is recommending the CMR for the convention center project. Responding to Council Member Kinnison, Mr. Bustillo said that in a competitive sealed proposal, state law requires that the selection criteria be identified. With regard to the CMR process, Mr. Bustillo said they have discussed hiring the CMR and negotiating his fee and general conditions. He said once the team has concurred that the plans are ready to be released for the subcontractors to bid and those bids come in, the city will then have the pricing information. He said the city can ask the CM firm to develop a guaranteed maximum price (GMP) before subcontractor bids have been received. Mr. Stowers said the panel and city staff are considering having a GMP for the convention center. He said if the bids from the trade organizations come in lower, the savings would normally accrue back to the city. Mr. Kinnison asked Mr. Bustillo to specifically discuss the advantages and disadvantages of the CMR delivery system. He explained that the disadvantages are reduced adversarial relationship; difficult for owner to evaluate the validity of the GMP; and potential adversarial relationship with the A/E. The advantages are builder selection flexibility; design-phase assistance; single point of responsibility for construction; team concept; faster delivery schedule; and flexibility to change. He said coordination will be very important since the convention center and arena projects will be constructed simultaneously. He said Gilbane will be charged with many tasks, including evaluating the work sequence. In reply to Council Member Longoria, Mr. Bustillo said Gilbane was hired to serve as the city's representative with the design and construction communities. He said that in the competitive sealed proposal process, the general contractor ultimately is responsible for going out and soliciting subcontractors to bid the job to him. In addition, it is the task of both Gilhane and the advisory panel to continue to generate interest among the local businesses to get involved in the project. He added that the general contractor provides the bond for the entire project. Mr. Busfillo said that in the construction management at risk scenario, the CMR is selected before trade (subcontractor) bids are submitted. He said the panel members are recommending that Minutes - Regular Council Meeting March 26, 2002 Page 13 process for the convention center project because they want an "open book" process for the trade packages. He added that the owner can determine the selection criteria. He said that in this scenario, competitive sealed proposal is the procurement method while the delivery method is construction management at risk. He added that bonding was an important issue to the advisory panel. Mr. Bustillo said that ifa subcontractor is not able to complete the work, the CMR is able to hire a firm to only complete those tasks. He added that an important factor is to have a city representative present with the CMR when he accepts the trade contractors. By doing that, neither the city nor the CMR can release that information until the award has been completed. Responding to another question from Mr. Longoria, Mr. Stowers said the CMR delivery system does not affect the design process, the schedule or the architects, who ultimately have to provide all of the drawings and specifications. However, it will change some of the "front-end" documents and staff is working with the Legal Department on that issue. In reply to Council Member Scott, Mr. Stowers said the state statute requires that the city hire the A/E first, which is different from federal procurement. He added that staff is working with the advisory panel to ensure all of their major concerns are being addressed through the CMR delivery method. City Manager Garcia added that the city is able to use a modified CMR process because the state law which allows the city to do this did not go into effect until September 2001, after the city had started the process. Mr. Massey said the city hired Gilbane to keep the architects on target to minimize the contract costs. Responding to other questions from Mr. Scott, Mr. Stowers said one of the advantages of the competitive sealed proposal process is that it allows the city to avoid certain contractors that may be capable of bonding the project but generally do not have a good track record in terms of quality of work or cooperation. Mr. Garcia said there will be two very different types of construction going on-- a new facility (arena) and expansion/rehabilitation (convention center). Replying to Council Member Colmenero, Mr. Bustillo said one of the advantages of using the CMR process for the convention center is that he can sequence the work, which is important since conventions will still be going on throughout the construction process. Council Member Noyola asked about the database. Mr. Bustillo said the first list of companies was very long because the names were provided by the advisory panel members and some of the companies are not in the design or construction business; he reiterated that about 200 firms did respond. He said the CMR has the final word on hiring the subcontractors for the convention center project with a caveat explained by City Attorney Bray. There were no comments from the audience. Mr. Chapa polled the Council for their votes: 22.a. M2002~087 Motion authorizing staffto proceed with selection of a Construction Manager at Risk for the convention center expansion and renovation project. Minutes - Regular Council Meeting March 26, 2002 Page 14 22.b. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. M2002-088 Motion authorizing staff to proceed with competitive sealed proposals to hire a General Contractor for the multipurpose arena project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. The third presentation (Item 16) was regarding the Health Department's Animal Control euthanasia methods. Using a computer presentation, Mr. Cruz-Aedo said the department's goal is to use the most effective, humane method of euthanizatien in relation to the cost. He said the current method is a carbon monoxide gas chamber and an alternative method is lethal injection of denatured sodium pentobarbital. He said the conditions of euthanasia are as follows: must cause brain death or cessation of brain activity first (then respiration and cardiac activity can cease); must cause little to no pain; must be quick and humane; and circumstances dictate the method. Mr. Cruz-Aedo said the number of animals euthanized at the Animal Control facility has decreased over the years because of a lack of staffing and resulting inability to pick up all the stray animals. He said that in the 1980s, 10,000 to 12,000 animals were euthanized locally and the number rose to between 20,000 and 24,000 in the late 1990s. In FY 2000-01, 14,400 animals were euthanized. He said the types of animals euthanized are dogs, cats, opossums, raccoons, birds, snakes, skunks, coyotes, foxes and others. Currently, the average number of animals euthanized daily is five to 10 on weekends and holidays and 50 to 100 on weekdays (depending on the time of year). The animals' ages range from newborn to 20 years old, although most are between 1 and 7 years. The Assistant City Manager said there are many reasons why animals are euthanized, including that the animal is sick, injured, old, is a bite case, and is declared dangerous. In addition, many owners take their pets or their pets' offspring to the Animal Control facility because they are disruptive or destructive (barks, chews, bites); uncontrollable; unable to be placed elsewhere; or they just do not want the animals anymore. He said local governments have the following responsibilities: euthanize all animals that need it when presented (i.e., sick, injured, owner request, etc.); adopt, transfer and find homes for all healthy animals when possible; euthanize all unwanted and unadoptable animals at little or no cost, regardless of the owner; and determine the cost-effectiveness of the program. Mr. Cruz-Aedo then specifically discussed the advantages and disadvantages of both the carbon monoxide chamber and lethal injection. He said studies have concluded that animals sense when the end is imminent, which is a factor in both methods. He said the advantages of the carbon monoxide chamber are that it is less expensive with larger numbers of animals; not personal ("hands- Minutes - Regular Council Meeting March 26, 2002 Page 15 off" aspect for personnel); reduces the risk of injury to personnel; can accommodate a large number of animals in a short-time; and is preferred for wildlife and hazardous animals. The disadvantages of the carbon monoxide chamber are that it is stressful to the animals because they know what is happening; there is a delay between brain activity cessation and breathing and heartbeat cessation, sometimes resulting in involuntary reflexes (dogs howling and cats climbing the side of the cage); is offensive to many personnel; and is associated with World War II genocide. He said that based on a model provided by People for the Ethical Treatment of Animals (PETA), the costs of this method per animal are: labor - $0.116; equipment - $0.068; and supplies - $0.09, for a total per animal of $0.27 and a total in FY 2000-01 of $4,172 (for 14,400 animals). Mr. Cruz-Aedo said the advantages of injection euthanization are that it is more humane to the animal (cessation of brain activity, respiration and heartbeat occur at roughly the same time); it is less stressful to the animal (individual versus a group); and it is preferable to society. The disadvantages are that it is more labor intensive; more expensive (medicine and supplies); requires personnel to handle every animal (more stress on employees and greater risk of injury); higher remover of employees; and wildlife pose difficult situations. Using the PETA model, the costs are: labor - $0.95; equipment - $0.031; and supplies - $2.26, for a total per animal of $3.24 and a total in FY 2000-01 of $48,276.00. Mr. Cruz-Aedo noted that recently the Animal Control facility adopted new standards for the use of lethal injection (specifically with regard to animals less than four months old), and it is still used on sick and injured animals in the field. Consequently, lethal injection is used for euthanization 15% to 20% of the time. He said that if the city were to use lethal injection 100% of the time beginning in FY02-03, a supplemental funding request would be required. He said staff estimates that the euthanasia equipment and supplies would cost $50,000 and four additional personnel would cost $150,000, for a total additional funding request of $200,000. With regard to other Texas cities, Mr. Cmz-Aedo said that most are going to lethal injection euthanasia (San Antonio, Garland, and Irving still use carbon monoxide). However, most other cities do not handle as large a population of wildlife as Corpus Christi does. He said local organizations that selectively place pets are the Gulf Coast Humane Society, Peewee's Pet Adoption and PALS, while CCARIE and the Lost Pet Hotline serve in other ways. However, he noted, the city's Animal Control facility is not selective. Mr. Cruz-Aedo said this is a public policy decision of the Council, and while euthanasia is the final result of the animal overpopulation issue, there are causes that need to be addressed. He said the Council can discuss this issue further during the budget process. Mayor Neal asked how long it would take for the city to staffup to do lethal injection 100% of the time. Mr. Jeff Beynon, Animal Control Supervisor, said the current facility would not accommodate that method without some changes being made to the facility. City Manager Garcia said staff can provide the cost information to do that. Mr. Cmz-Aedo said it would take about 90 days to hire the necessary staff. The Mayor said he has asked the Animal Control Advisory Committee to meet as quickly as possible so they can make recommendations to the Council, and he has also sought input from local veterinarians regarding the related costs of total lethal injection. Minutes - Regular Council Meeting March 26, 2002 Page 16 The Mayor also asked about the status of the educational effort. Mr. Beynon said the new staff person, who started working on March 25, 2002, is acclimating himself to the department's processes. He will soon begin writing grants and should begin making educational presentations to the schools in 30 to 45 days. Mayor Neal said that city staff will not be able to solve the animal overpopulation problem by themselves but they and the Council have the responsibility of bringing the necessary parties together to devise solutions. Council Member Chesney asked Mr. Beynon several questions about carbon monoxide versus lethal injection euthanasia, as well as operational issues. Mr. Beynon said that at the Animal Control Department's current staffing and funding levels, nothing else can be done to improve the city's euthanasia process. Mr. Chesney pointed out that during the Council retreat on March 15, 2002, Animal Control facility issues and improvements (including a study of the cost for euthanasia) was selected as the top new initiative for 2002. He said he has also asked staff for information on ways to answer the department's phones after 5 p.m. (even though the office remains open until 7 p.m. on weekdays). Mr. Beynon said that a phone recording is activated afier 5 p.m. because it would be difficult for one staff member to handle the redemptions and adoptions in the office as well as answer the five incoming lines. He said volunteers could be helpful in the center's operation as long as they are consistently present. Mr. Chesney asked how other cities are able to afford using lethal injection exclusively on unwanted animals. Mr. Cruz-Aedo replied that up to this point, there has not been an interest by local citizens to incur those costs. Mr. Chesney also asked about spaying and neutering efforts. Mr. Cruz- Aedo said the city does not currently fund those activities. He said it did attempt such efforts in the past but they were unsuccessful due to a lack of awareness of the program. He added that staff is actively seeking grants and working with animal groups to address these issues. Mr. Cruz-Aedo said staff's recommendation is to continue to transition to the use of lethal injection and they will ask the Council to make specific decisions about that in the future. Council Member Kinnison asked what changes would need to be made to the design of the new Animal Control facility in order to accommodate lethal injection processes. Mr. Beynon replied that the architects designed the building so both euthanasia methods can be used. He said the plan was to move the actual carbon monoxide chamber to the new building. Mr. Garcia said he thinks the city should retain the chamber in order to euthanize wild animals. He said staff will bring back additional information and options for the Council to consider. Mr. Beynon noted that Corpus Christi has an unusually large amount of wild animals that need to be euthanized. Mr. Kinnison and Council Member Colmenero emphasized that the animal overpopulation problem needs to be addressed by the community as a whole through education and responsible pet ownership. Council Member Scott asked when the new facility will be open, and Mr. Beynon replied that it should be operational in December 2002 or January 2003. Mr. Scott said he agrees that it would he beneficial to lengthen the time that the phones are answered at the facility as well as to open it on Saturdays. He said he thinks spaying and neutering is important. Mr. Beynon said staff has done studies and determined that in certain neighborhoods, people will not allow their pets to be spayed or neutered even if the service is free. Minutes - Regular Council Meeting March 26, 2002 Page 17 Responding to Mr. Kinnison, Mr. Beynon said that a lot of dogs that are considered strays are actually cared for to some extent, such as by people allowing them to eat out of their trash cans. However, he said there is a very large population of feral cats and wild animals. Mayor Neal said they are headed in the fight direction and the Council will give staff additional guidance once they receive input from interested organizations. Mayor Neal called for petitions from the audience. Mr. Mark Yeats, 345 Cole, said he formed the Corpus Christi Association of Airport Taxicabs (CCAAT). He said those taxi drivers pay $50 per month to work at the airport and he estimates that they have contributed about $200,000 in the approximately 20 years that fee has been in place. However, the drivers have not received anything in return, such as a designated parking space. He said the purpose of the CCAAT is to improve the quality of service provided to persons arriving at the Corpus Christi International Airport. He said the CCAAT members are concerned about where their cabs will be located once the terminal reconstruction is completed. Mayor Neal suggested that Mr. Yeats and the CCAAT take their concerns to the Airport Board. The fourth presentation (Item 17) was regarding the proposed Corpus Christi Skate Park. Using a computer presentation, Mr. Tony Cisneros, Director of Park and Recreation, explained that about a year ago members of the South Texas Progressive Sports Association approached the Council, the Commission on Children and Youth and the Park and Recreation Advisory Committee. He said the two advisory groups endorsed the concept of a skate park in some form. Mr. Cisneros said that factors to consider with a skate park include liability issues, supervised versus unsupervised activity, location (noise complaints and hours of operation), and user groups (skate boarders, in-line skaters, BMX bicycle riders). He then discussed the design elements of a typical skate park, which is usually a concrete, in-ground facility that is surrounded by a fence and is well-lit for after-dark use. It can also include a spectator area, parking lot, restrooms, office and storage facility. He showed slides of three skate parks in Colorado (Denver, Boulder and Vans Park). Mr. Cisneros said that possible locations for a skate park in Corpus Christi are: Bill Witt Park, Corpus Christi Boys and Girls Club, Dr. H.P. Garcia Park, Labonte Park, South Bluff Park, Swantner Park, and West Guth Park. He also showed several slides of the Portland (Texas) skate park, which opened in January 2002 at a cost of about $370,000. He said the skate park has video cameras with a direct feed into the Portland Police Department. The Park and Recreation Director discussed funding options, including private funds, bond funds, Community Development Block Grant funds (both reprogrammed and new project grants), city's General Fund, state grant funds, and a combination of funding sources. Mr. Cisnems explained that staff is seeking CDBG funds for a proposed new city recreation program--a city skate park Minutes - Regular Council Meeting March 26, 2002 Page 18 project. He said staff is recommending that the city partner with a recognized youth services organization and skating and biking enthusiasts to develop it and pursue negotiations to lease the Boys and Girls Club property, which is centrally located. Council Member Longoria thanked Mr. Charlie Bryan, Executive Director of the Progressive Sports Association, for his efforts to help develop a local skate park. He said they are trying to identify a funding source and one possibility is CDBG funds. Deputy City Manager Noe said there are two ways to qualify the skate park project: by the U.S. Depadment of Housing and Urban Development (HUD) declaring it eligible by virtue of the neighborhood in which it is located; or by surveying users after the park is built to determine that 51% of them are of low or moderate income, which would also qualify it. He said the latter option is somewhat risky because if that percentage is not reached, some of the funds may have to be repaid. Mr. Noe said staff is pursuing the first option and they hope to have an answer from HUD before the Council considers the CDBG grant requests next month. Mr. Longoria said a skate park would greatly benefit local youth. Mr. Bryan said he is a teacher and young people tell him every day that they do not have anything to do. He said that providing a safe environment for skate boarders and in-line skaters will have a dramatic impact on the community. He said they have been working on this project two years. Council Member Scott asked about the difference between cement parks and modular parks. Mr. Bryan said if a community plans to build an outdoor skate park, it is better to use cement because in the long nm, outdoor modular parks have a huge cost associated with them for construction and maintenance. He added that many modular parks are built by companies that make playground equipment but are not necessarily suited for skating. He said it is preferable to use wood for indoor parks. He said the local skating association is recommending a permanent outdoor skate park. Council Member Kelly said that with regard to the Boys and Girls Club site, he thought there was a prohibition against using public money on private land. Mr. Cisneros said that is why staff is proposing that the city lease the property from that organization. He added that the programming of the skate park would be separate from the Boys and Girls Club operation. Mr. Scott said he hopes a decision can be made soon about the skate park. Mayor Neal opened discussion on Item 23, domestic preparedness program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. RESOLUTION NO. 024816 Resolution authorizing the City Manager or his designee to accept a $280,000 grant from the U.S. Depadment of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the purchase of specialized training equipment for hazardous materials (HAZMAT), fire services, law enforcement, and emergency medical services (EMS) personnel. Minutes - Regular Council Meeting March 26, 2002 Page 19 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 23.b. ORDINANCE NO. 024817 Ordinance appropriating $280,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the purchase of specialized mining equipment for hazardous materials (HAZMAT), fire services, law enforcement and emergency medical services (EMS) personnel. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 24, annexation ordinance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. M2002-089 Motion to amend the annexation calendar by changing the second reading date for the annexation ordinance and the date of the City Council public heating and approval of zoning fxom April 9, 2002 to April 16, 2002. The effective date of annexation is changed from April 10, 2002 to April 17, 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 24.b. FIRST READING ORDINANCE Ordinance annexing Padre and Mustang Island tracts: annexing 9,618 feet of Padre Island Gulf beach frontage tracts owned by Jones, Walter & GLO (44.16 acres) and Padre Balli Park (Nueces County Park No. 1), (194.92 acres and 6,324 feet of Gulf beach frontage on Padre Island), in the vicinity of the Nueces-Kleberg county line; annexing Packery Channel Park (Nueces County Park No. 2) and adjoining private land (approximately 50.01 total acres for park and private land) on Padre Island; annexing 221 acres of land south of Mustang Island State Park, comprising 4,211 feet of Gulf beach frontage on Mustang Island, owned by Nueces County; annexing 9.23 acres of land north of Zahn Road and J.P. Luby Surf Park, comprising 2,009.79 feet of Gulf beach frontage on Mustang Island, owned by Estate of Eric C. Lower; providing that each annexed tract is contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all fights, privileges and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions and rules; requiting application for certificate of occupancy Minutes - Regular Council Meeting March 26, 2002 Page 20 for nonconforming use; providing for amendment of the official maps of the City of Corpus Christi, providing for an effective date. Tract 1 - 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 United States Geological Survey (U.S.G.S.) and Geodetic Survey (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. Tract 2 - Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf beach frontage. Tract 3- Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park). Tract 4 - Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of Gulf beach frontage 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 1.374foot line above mean sea level based on the U.S.G.S. and G.S. datum of 1929. Tract 5 - Beach Front Property_ North of Zahn Road: Privately owned (Eric C. Lower) 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 J.P. Luby Surf Park. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 25, golf feasibility study. There were no comments from the audience. Responding to Council Member Kelly, Mr. Cisneros said it should take about 60 days to receive the analysis. Council Member Garrett asked how many times this action has been taken. City Manager Garcia said that following the Council's last discussion about a new golf course, the Council directed staffto determine whether there is a market for another golf course; if there is, the second phase will be to choose a site. He said staffprepared and sent out requests for proposals for a golf feasibility study and the successful proposer was National Golf Foundation Consulting Inc. of Jupiter, Florida. He said staff is trying to move expeditiously on this project. He added that golf surcharge funds can be used for this purpose. Council Member Scott asked how long the second phase will take. Mr. Cisneros said that if another golf course is warranted, the site analysis should take another 30 to 45 days. Responding to Council Member Kinnison, Mr. Garcia said the golf course will be deemed feasible if it can make money. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 26, 2002 Page 21 25.a. ORDINANCE NO. 024818 Ordinance appropriating $23,000 from the Reserve for Capital Projects in Golf Fund No. 4690 for an area golf market analysis and feasibility study; mending Ordinance No. 024528 which adopted the FY2002 Operating Budget to increase appropriations by $23,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.b. M2002-090 Motion authorizing the City Manager or his designee to execute an area golf market analysis and feasibility study contract in an amount not to exceed $23,000 with National Golf Foundation Consulting Inc. of Jupiter, Florida. 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 that next Tuesday (April 2nd) the Council will have an all-day special meeting to fully review the capital improvement program. The April 9th Council meeting has been canceled but the Park and Recreation Department will be having a public heating that night in the Council Chambers regarding the park and recreation master plan. Mr. Garcia also announced that the contractor abandoned the Omaha Street project and staff is sending notices to the surrounding property owners to inform them about it. Mayor Neal called for Council concerns and reports. Mr. Chesney said he thought there would be an opportunity for public comment during the April 2nd meeting. Mayor Neal replied that it will consist of presentations by staff and the public will be able to attend the meeting or watch it on television but public comment will not be solicited. Mr. Chesney asked that the residents on Chenoweth and Meadowbrook streets who had expressed concerns about stormwater issues be informed of the stormwater master plan. He asked staff to follow up with the citizens who expressed their concerns during the March 25th town hall meeting and he said another one is scheduled for April 8th at Wilson Elementary School. Mr. Chesney also said it is important to emphasize to people that when the Council considers the marina development issue on April 23rd, they are simply deciding whether or not staff should proceed with negotiations with Landry's Inc. He also discussed the importance of the Crime Control District and he asked about a time flame for the Animal Control facility plan. Mr. Garcia said if the Council approves the extra $200,000 for next year's budget, staff will begin implementation on August 1, 2002. Mr. Chesney said he wanted staff to develop a general action plan for the Animal Control facility, including a strategy for improved hours. Minutes - Regular Council Meeting March 26, 2002 Page 22 Mr. Chesney went on to say that he had asked Mr. Cisnems to have the Parks Board consider his proposal to develop a "Friends of the Parks" group. He asked about a prohibition against Council members appearing before Council boards and committees. City Secretary Chapa said the intent of that policy is to prevent Council members from influencing committee members. The exception is if a Council member has a personal issue he or she wants a committee to consider. Mr. Garrett asked about a letter the Council received from Mr. John Torrey. MrJ Kinnison said he sent a copy of that letter to Mr. Massey, who is working on it. Mr. Gareia said Mr. Torrey had a suggestion about an innovative method to clean the beaches, but staffhas had difficulty getting Mr. Torrey to demonstrate it because it is a proprietary machine for which he has a patent pending. Mr. Noe said staffwill respond to Mr. Torrey's recent letter. He added that Mr. Torrey's proposal is to take over the whole beach-cleaning operation at a substantially greater cost. He said staff offered to let Mr. Torrey operate a pilot program to demonstrate his machine but that was not acceptable to him. Mr. Scott suggested that staffnotify the Cooper's Alley L-Head tenants about the upcoming temporary closure of Cooper's Alley street. He also said he was told about the possibility of applying for an air conditioning permit over the intemet. Mr. Noe said staffnow has the ability to use credit cards to process those permits, which is a precursor to e-government services. Mr. Scott also asked about the All American Cities award. Mr. Garcia said city staff has been told that the first step is to organize a coalition to travel to Washington, D.C., to view the efforts of other cities before attempting to apply for the award. Mr. Scott also commented on the cleanliness of Corpus Christi's newly annexed beach areas. Mr. Garcia commended city staff for their efforts during the city's first spring break in those areas. Mr. Colmenero said the Council had received a letter from the mayor of a city in China wishing to establish a relationship with Corpus Christi. Mr. Kinnison asked about a proposed ADA- compliance project at the convention center. Mr. Noe said it can be incorporated as an additive alternate if the Council decides not to include it in the CDBG program next month. There being no further business to come before the Council, Mayor Pro Tem Chesney adjourned the Council meeting at 6:45 p.m. on March 26, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting April 2, 2002 - 9:05 a.m. PRESENT Mayor Samuel L. Neal Jr. Council Member~: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria* Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry ABSENT Mayor Pro Tem Brent Chesney Mayor Neal called the meeting to order in the Council Chambers of City Hall. 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. City Manager Garcia said the purpose of this meeting is to provide detailed information to the Council about the capital improvement program (CIP) and the capital budget. *Council Member Longoria arrived at 9:08 a.m. Mayor Neal said that since this meeting was posted as a special meeting rather than as a workshop, he will call for public comment after each presentation. The first presentation was regarding the short-range and long-range CIP for the Water Department (including the water supply element). Mr. Mark McDaniel, Director of Management and Budget, gave an overview of the CIP, which staffhad presented to the Council during their annual retreat on March 15, 2002. He said staffhas identified a funding plan for the three-year, short-range CIP in the existing rate model (assuming 6% utility rate increases); however, the long-range CIP does not have an identified funding plan. Mr. Garcia said that in addition to the extensive listing of projects in the three-ring binder, staffhas also provided the Council with a prioritized enumeration of the long-range CIP for both the combined utility system and future street needs. Mr. Ed Garafia, Water Superintendent, discussed the Water Department projects. He noted that in the short-range CIP, the southside transmission main (Phases 2-5) is the largest project, comprising 46% of the total ($28.85 million). Mr. Garcia explained that about two years ago, the southside of the city experienced a crisis of sorts with its water pressure. Consequently, the South Staples Street pump station was moved ahead of schedule as a stop-gap measure pending the progression of the southside transmission main project. Mr. Garcia said the plan originally called for nmning a 36-inch main across the Laguna Madre to Padre Island, which would have been very expensive. However, the Council directed staff Minutes - Special Council Meeting April 2, 2002 - Page 2 to explore the development of a desalination facility on the island so as to create a separate water supply there. Mr. Garafia said that will eliminate the need for the water main crossing but a line still needs to be extended to Flour Bluff. He added that that project will provide a more stable water platform across the entire city, which was further discussed by Assistant City Manager Ron Massey. Council Member Kinnison asked about changing the timing of some of the projects in order to alter the rate model (i.e., reduce the need for 6% rate increases). Mayor Neal said that if the Council is committed to the three-year funding plan provided by the rate model, projects can be substituted but the overall cost would remain the same. However, he said it is a different issue if the Council is not committed to the funding plan. Mr. McDaniel said that in order to lower the rate model by 1%, about $8.4 million of projects will have to be eliminated in Year 1. And taking into consideration the compounding effect, that equates to $21 million of projects in Year 10. There was additional discussion of the short-range CIP water projects. With regard to the water supply short- range CIP, Mr. McDaniel said the largest project is the Garwood pipeline at 49% ($10 million) followed by the Rincon Bayou pipeline at 32% ($6.5 million). Mr. McDaniel then discussed the water long-range CIP projects. He said traditional funding sources include the "pay-as-you-go" CIP, commemial paper (on an interim basis), and revenue bonds. Mr. Garafia said the largest of the long-range projects are the water treatment plants at 47% ($41 million) followed by Phases 6 and 7 of the southside transmission main at 28% ($24 million). He also discussed the projects in the categories of distribution, pumping plants and other water needs. Responding to Council members' questions, Mr. Garcia said that the Texas Natural Resource Conservation Commission (TNRCC) requires that when a community reaches 75% of its water and wastewater capacity, it needs to have a firm plan in place to increase that capacity. While reviewing the individual projects, Council members commented specifically about water service to customers outside the city limits and the issue of the colonias. Regarding the water supply long-range CIP, Mr. McDaniel said that traditional funding sources include revenue bonds supported by the raw water charge component of the utility rates. He noted that funding for the initial study phases of the Garwood pipeline and the Padre Island desalination facility is included in the short-range CIP. Staff is in the process of evaluating engineering proposals for feasibility studies for the projects. Upon completion of those studies, the cost estimates and schedules will be refined for inclusion in the long-range CIP. The Garwood pipeline constitutes 90% ($88 million) of that plan and the desalination facility is 10% ($10 million). Additional discussion ensued about the raw water charge and the utility rate model. Mayor Neal called for public comment about the water projects. Mr. Bill Kopecky, 3609 Topeka, referred to the water long-range CIP. He said that in 1997 and 1998, 300,000 acre-feet of water was spilled due to rains the city could not capture because Lake Corpus Christi was full and most of the rains were coming through the Nueces Basin. He asked the Council to seriously consider constructing a pump station in the Simmons area or a water diversion at Cotulla as a long-range water supply alternative to either delay or eliminate the need for the Garwood pipeline. Minutes - Special Council Meeting April 2, 2002 - Page 3 Mr. Massey said city staffhas asked the Regional Water Planning Group to look at the issue of optimization of the Nueces Basin. In addition to Mr. Kopecky's suggestions, another idea is to build a two-way pipeline between Lake Corpus Christi and Choke Canyon Reservoir. Responding to Council Member Scott, Mr. Garafia said the evaporation rate in those two reservoirs is large, as are transportation losses. He said at their closest point (at Simmons), the Nueces River is about 10 miles from Choke Canyon. Mr. Garcia said the Garwood pipeline and the desalination facility alone are not going to solve Corpus Cbxisti's long-range water supply needs. He said the Council should have a wide range of available options. Responding to Mayor Neal, City Attorney Bray said the Simmons plan was one of 22 options in the Trans-Texas study in the early 1990s. Mr. Garcia said staffcould add the Cotulla reservoir and the reservoir optimization study (including the estimated costs) to the city's long-range water supply plan. Mayor Neal said that in addition to the Garwood pipeline and the desalination facility, the Council should also have information about piping the water from the Choke Canyon Reservoir to a water treatment facility (as opposed to Lake Corpus Christi). Mr. Scott said there are people who are opposed to that concept and Mayor Neal said future Councils will need to evaluate all of the options. Mr. Garcia pointed out that the city now has a long-term water planner, Mr. Max Castefieda, and staff can give the Council a presentation about the city's water planning strategy. Council Member Kinnison suggested that the city consider partnering with other entities. Mr. Garcia said staff is trying very hard to maintain the integrity of the city's water supply as a result of attempts by other cities to utilize it as they face their own water crises. Mayor Neal said that having a sufficient water supply is this community's number one issue. The second presentation was regarding the Wastewater Department. Mr. Foster Crowell, Wastewater Superintendent, explained that the city has six basins, service areas and treatment plants which operate independently of each other. He noted that many of the projects are necessary to meet the TNRCC's wastewater discharge permits, which regulate such things as effluent quality, plant capacity, and basin treatment capacity. Mr. Crowell then described the many projects included in the short-range CIP, with total programmed expenditures for the three years of $70.56 million. Mayor Neal asked about the status of the downtown wastewater system. Mr. Crowell replied that there have been several wastewater improvement projects in that area, including sliplining of the Water Street trunk and ongoing inflow and infiltration issues. He said that overall, the downtown area is doing well. Council Member Colmenero asked about the longevity of sliplined pipes. Mr. Crowell said that in 1982 Corpus Christi started sliplining pipes as part of a pilot project and they are still operating. He said the estimated life ofa sliplined pipe is 50 to 70 years. Mr. Crowell and Mr. Escobar responded to other Council members' specific questions about certain projects and general comments about the large number ofwastewater projects in relation to the amount of staff (including engineers) needed to design and construct them. ! r ' I1 Minutes - Special Council Meeting April 2, 2002 - Page 4 Mr. Crowell then discussed the wastewater long-range CIP projects, which are categorized as follows: wastewater treatment plants - $131.8 million; lift stations and force mains - $17 million; collection systems - $16.1 million; and other related wastewater needs - $16.73 million, for a grand total of $181.6 million. City staff also responded to Council questions; there was no public comment. The third presentation was about the Gas Department. Ms. Debbie Marroquin, Gas Superintendent, explained that there are five separate gas systems: Corpus Christi (consuming 90% of the gas); Calallen/Annaville (7% consumption); Padre Island; Country Creek; and farm taps on Old Brownsville Road and Hwy. 44. She said that five of the seven short-range CIP projects pertain to the southside gas transmission main. The first project (Part A), which involves crossing Oso Creek at South Staples Street, is estimated to cost $1 million and will connect the Country Creek gas system to the Corpus Christi system. The last two projects are for reservation fees and a compressed natural gas station. Ms. Marroquin also discussed the long-range CIP projects, the first three of which involve additional phases of the southside gas transmission main totaling $6.5 million. The other two are for reservation fees for years two and three for $1.4 million, for a grand total of $7.9 million. She said their goals are to connect the gas systems as much as possible and to pursue a more competitive gas supply contract. She then responded to Council members' questions. There were no comments from the public. The fourth presentation was made by Ms. Valerie Gray, Stormwater Superintendent. She discussed the three main categories of projects in the short-range CIP: minor drainage improvements- $1.13 million; bridge rehabilitation and replacement- $600,000; and rolled curb and gutter replacement - $330,000. Staff members responded to questions from the Council and there was a discussion about rolled curbs and gutters and drainage problems throughout the city. Mr. Massey noted that the stormwater master plan, which is being developed, will set drainage standards for neighborhoods. At that point, a determination can be made about how each neighborhood measures up to the established standards. He said that eventually the city will improve those areas but it will take much time and money to do so. Mayor Neal stated that any of the stormwater long-range CIP projects can be moved into the short-range plan but it would be at the expense of water projects under the city's current funding system. Additional discussion ensued about the difficulty of funding stonnwater projects. Mayor Neal suggested that the Council reread a March 8, 2002 memo from the City Manager in which he forwarded the recommendations of the Stormwater Management Advisory Committee. The Mayor asked staff to provide a presentation to the Council about those recommendations. In response to Council members' questions, Ms. Gray discussed the waiting list for rolled curb and gutter improvements. Mr. Garcia stated that the city requires developers to build drainage Minutes - Special Council Meeting April 2, 2002 - Page 5 ditches as part of the platting process. Mr. Escobar explained the Channel 31 pilot project and noted that some communities, such as San Patricio, have created drainage districts which other communities can utilize. He said the last major stormwater expenses were incurred as part of the 1986 bond program. Mr. Garcia said that cities throughout the state impose impact fees. Mr. Escobar said that in the next few months, staff will begin bringing items to the Council related to the stormwater master plan. Mayor Neal said the development community in Corpus Christi has always resisted impact fees. Mr. McDaniel then referred to the 39 stormwater long-range CIP projects, which total $66.8 million. He noted that those projects will be reprioritized once the results of the master plan are obtained. Ms. Gray said the master plan may even add projects to the CIP. Responding to Council Member Kelly, Ms. Gray said that Nueces County and other entities will be included in the master plan discussions. She then delineated the long-range projects. Mayor Neal said that areas south of South Padre Island Drive drain into the Cayo del Oso and Oso Creek and he asked about permitting standards for those areas. Mr. Massey said the master plan should identify the areas that probably should not be developed because of environmental concerns. A discussion ensued about the quality of stormwater runoff. The Mayor commented that the city is now paying the price for very poor stormwater planning in the 1960s and the future development of the city is directly tied to stormwater issues. There were no comments from the audience. The fifth presentation was regarding the utility rate model. Mr. McDaniel said the model currently indicates a continued need for a 6% base rote increase per year beyond the short-range CIP for all the utilities (not including the increase for the raw water charge). He said the model is intended to support a 25% working capital (25% of expenditures) for the combined utility system, which has been set as a policy issue and is considered by the bond rating agencies. He said at this point it assumes the inclusion of the entire short-range and long-range CIP as of January 2002. The Budget Director then showed a graph of utility rate adjustments since 1975. He said the average rate increases for water, wastewater and gas were approximately 4%, 8% and 3% respectively. Mr. McDaniel said that each 1% increase in the base utility rates in FY02-03 will generate the following (approximate figures): $761,766 in revenue; $8.4 million in capital improvement project capacity in Year 1 of the short-range CIP (FY02-03); $9.5 million in capacity in Year 1 of the long-range CIP (FY04-05); and $21 million in capital improvement capacity by Year 10 (FY11- 12). He pointed out that the model is a planning tool that has very many variables, such as inflation rates. He said every year it is reviewed and updated. Mr. Kinnison said the utility rate model includes every project in both the short-range and long-range programs. He said he would like staff to develop a rate model with 3% utility rate increases and then determine the amount of funding that will be available. He said at that point the Council can determine what projects will "fall out" and not be funded. Mr. Garcia said the simplest thing to do is to drop offthe unfunded stormwater projects, Minutes - Special Council Meeting April 2, 2002 - Page 6 which total $66 million. However, he said the implication of not raising the utility rates 6% is that if the Council wishes to fund those projects in the future, a much mom substantial rate increase will be needed. He said staffcan provide all that information to the Council. Mayor Neal said staff should determine a dollar amount rather than pinpointing projects. He added that the short-range projects should continue to be funded. Mr. Garcia said many of the projects are linked together and, as certain areas are cut back, they commit to a course of action that has long-range implications. He said if the Council is considering cutting back to 3% rate increases in next year's budget (FY02-03), that will impact projects that are currently underway. Mr. Scott said staff needs to illustrate the long-term effect of lesser rate increases. Mr. Longoria said he thinks the trend has been for Councils and the general public to be more critical of 6% rate increases and he suggested that instead, staff should budget for lesser amounts. He added that staff should also show how different rate increases will affect a typical utility bill. Mr. Colmenero asked staff to also consider other funding options. Mr. Noyola said there are many people on fixed incomes who would be adversely affected by a 6% rate increase. Mr. Kinnison said the Council can lay the ground work and plan ahead for future projects and future bond elections. There were no comments from the audience on the utility rate model. Mayor Neal recessed the meeting at approximately 1:25 p.m. so the Council could attend the funeral of Council Member Chesney's father. The Mayor reconvened the Council meeting at approximately 3:20 p.m. The sixth presentation was regarding public facilities. Mr. McDaniel pointed out that staff would be focusing on the long-range CIP projects for public facilities, public health and safety, airport, parks and recreation, and streets since the short-range CIP is made up almost entirely of utility projects (which have already been discussed). He said that traditional fimding sources for public facilities programs include bond funds (general obligation, sales tax, and hotel/motel tax) and CDBG funds. Mr. Kevin Stowers, Assistant Director of Engineering Services, said there are five public facilities projects in the long-range CIP totaling $9.9 million: northwest branch library expansion; new southside branch library; Memorial Coliseum improvements; "Doc" McGregor photograph collection storage facility; and a marine archeology laboratory. He said the short-term CIP projects (including the multipurpose arena and the convention center expansion) are well underway. Mr. Kinnison asked about the Memorial Coliseum project. Mr. Stowers said that a decision has not yet been made about the functionality of the coliseum, particularly since the arena is not completed. Deputy City Manager Noe pointed out that the city has a lease with the IceRays hockey team for the use of the coliseum. The lease has a five-year renewal option and staff intends to negotiate for the IceRays to use the arena instead. Mr. Garrett asked about the Workforce Development roof waterproofing, and Mr. Stowers said that contract, which is being funded with CDBG monies, has already been awarded. Mr. Garrett commented that that building (the old Police Depas'tment headquarters) has had water leaks for many years. There were no public comments. Minutes - Special Council Meeting April 2, 2002 - Page 7 The seventh presentation was about the public health and safety projects. Mr. McDaniel said that traditional funding sources are general obligation and sales tax bonds, State Infrastructure Bank loans, and the Padre Island tax increment financing district. Mr. Stowers said the long-range CIP includes some continuing projects that were in the 2000 Bond issue, such as Phase 2 of the public safety training facility ($10 million). Other future projects are: a fire station in the area of Yorktown Boulevard between Rodd Field Road and the Cayo del Oso - $1.5 million; Annaville fire station - $1.5 million; Police headquarters expansion (Phases 1 and 2)- $1.8 million; and four police substations - $2.5 million, for a total of $17.3 million. Mr. Stowers also referred to the ongoing short-range public health and safety projects. He said staff is working on land acquisition for Phase 1 of the police and fire training facility; advertising for the Mustang Island fire substation project will be advertised on April 15th; fire station ADA compliance and coed improvements are underway; the Health Department roof repair has been completed; the contract for the construction of the new Animal Control facility has been awarded; the seawall, sidewalk and marina bulkhead improvements are currently being advertised for bids; the Elliott Landfill project is under construction; the Packery Channel project is moving forward; and the JFK Causeway elevation is also underway. Staff then responded to Council members' questions, including some regarding the police substations and fire stations. There were no comments from the public. The eighth presentation was regarding the airport long-range projects. Mr. McDaniel said that traditional funding sources include Federal Aviation Administration (FAA) grants, passenger facility charges, airport revenue bonds and airport capital reserves. He said that future airport capital improvement projects are dependent on FAA grants and discretionary funding. Mr. Dave Hamrick, Aviation Director, said many of the CIP projects are demand-driven in accordance with the recently received airport master plan. He then described the long-range projects, which are categorized as follows: runway extension - $28.09 million; land acquisition - $11.71 million; airfield drainage - $4.1 million; airfield rescue - $2.85 million; taxiway improvements- $1.93 million, and other projects - $2.65 million, for a total of $51.33 million. Mayor Neal asked about a project in the current year known as the landside roadway system- entrance road reconstmctinn. Mr. Stowers replied that staffplans to open bids on April 22nd for the loop road portion and parking lot improvements. He said the entrance road component itself has been deferred to the future. Mr. Hamrick said he does not think it will be too far in the future, which he explained. The Mayor also asked about a possible joint facility usage. Mr. Hamrick said subsequent to the Mayor's request, he has drafted a lease for the Coast Guard, which is interested in relocating to the airport. Mayor Neal also commented on the importance of homeland security and Corpus Chfisti's proximity to the Gulf of Mexico. Additional discussion ensued about the entrance road and the joint use airport issues. There were no comments from the audience. Minutes - Special Council Meeting April 2, 2002 - Page 8 The ninth presentation was regarding park and recreation projects. Mr. McDaniel said that traditional funding sources include general obligation bonds, park trust funds, CDBG funds, state or interagency grants, and street assessment appropriations. He said the long-range C1P will be further refined pending the completion of the parks master plan, which is estimated to occur in the summer of 2002. Mr. Stowers said these programs also receive monies from the Golf Course Fund, Marina Fund and General Fund. He said the long-range CIP includes improvements in the following areas: golf courses - $10 million; aquatic facilities - $8.78 million; parks - $7.98 million; marina - $5.5 million; neighborhood park playgrounds - $5 million; beaches - $2.4 million; park maintenance facilities - $1.09 million; recreation centers - $615,000; tennis centers - $495,000; and other - $605,000, for a total of $42.46 million. Mr. Kinnison requested that the new southside senior center be included in the short-range program and he inquired about the marina improvements, to which Mr. Tony Cisneros, Director of Park and Recreation, responded. Mayor Neal asked about the marina dredging project. Mr. Stowers said it is a Texas General Land Office project, which he further described. Mr. Massey added that despite the GLO project, there is a need for long-term marina dredging. Mr. Longoria asked Mr. Kelly about the CIP project for Labonte Park. Mr. Kelly said that park is where all the soccer and intramural sports are played in the northwest area. Mr. Stowers said any infrastructure at Labonte Park will be flood resistant; however, most of the improvements will be for underground utilities. Mr. Noyola asked about the timing of the Garcia athletic fields renovation and the West Oso High School tennis courts renovation. Mr. Cisneros said there are many park and recreation projects in the long-range CIP and not enough money to pay for them. He said part of the problem is deferred maintenance, which is also caused by a lack of funding. Mr. Garcia added that West Oso High School is located in a CDBG-eligible area. Mr. Scott referred to the short-range CIP, saying that one of the baseball leagues is concemed that the irrigation system project is being done during baseball season. Mr. Cisneros replied that it is simply a function of needing to get the projects done. A discussion ensued. Mr. Colmenero asked about projects at the senior centers and the HEB tennis center, and Mr. Garrett asked about South Bluff Park and the out-of-service fire station on Louisiana Parkway, to which staffresponded. There was no public comment. The tenth and last presentation was regarding street projects. Mr. McDaniel explained that after the capital budget/planning guide was distributed, staff updated the streets long-range CIP, including adding some new projects (with pending cost estimates). Mr. Stowers said the future street needs are not fimded at this time but will be through the next bond issue. He said staff has made recommendations about the priority of those projects, which are categorized under new construction, reconstruction and other street-related construction. Mr. Massey explained that new construction expands capacity, whereas reconstruction takes an existing road and increases its longevity. Minutes - Special Council Meeting April 2, 2002 - Page 9 Responding to Mayor Neal, Mr. McDaniel said the preliminary estimate for the streets long- range CIP is $125.39 million, but that does not include some of the new projects. Mr. Massey said the timing of some of those projects depends on how much money is invested in street maintenance each year. He added that Metropolitan Planning Organization funding is tied up for the next three years. Mr. Garcia said the estimates do not include utility costs. Mr. David Seiler said many of the city's streets have needed additional capacity and improvements for quite some time. Mayor Neal suggested that staff develop a debt model for a bond election in 2004. Mr. McDaniel said that beginning in 2009, the city will have a debt capacity of $98 million (assuming a 3% growth in valuations). Ms. Barbara Dolce, Street Superintendent, described the city's pavement management program and Mr. Escobar further described the difference between new construction and reconstruction projects. Mr. Kinnison referred to a future bond program for streets, saying the Council should let the citizens decide how much debt they think they can handle in order to accomplish these overdue projects. Mr. Garcia said the street cost estimates are linked to the utility rate numbers. Mr. Escobar pointed out that with the Bond 2000 projects, for every $1 of street work, construction crews are having to do $1 of utility work. Consequently, there is $20 million of utility work associated with the $20 million in street work approved by the voters. Staff members fmther responded to Council members' questions about specific street projects. There were no comments from the public. In conclusion, Mayor Neal referred to a chart showing the impact of proposed rate increases on an average residential utility bill. He said that information needs to be disseminated. Mr. McDaniel said the reason the utility bill itself does not increase by 6% is because the raw water charge increase is only 3% and because solid waste fees (which are also included) are not changing. Mr. Garcia said that on April 30th, staff will bring back the detailed analysis the Council requested. The Mayor said it is important that the Council and staff initiate an intensive community informational program about the meaning of"debt." He said debt that is properly incurred, financed and approved for a good purpose improves the quality of life in cities. He said the presentations made at this meeting illustrate the consequences of not investing in the city's infrastructure. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:27 p.m. on April 2, 2002. a. AIRPORT BOARD - Four (4) vacancies with three-year terms to 4-04-05. COMPOSITION Ten (10) members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. MEMBERS TERM ORIGINAL APPTD. DATE * Jerry Kane, Chairman ** Abel Alonzo Ramiro Gamboa Mark Meyer J. E. Rehler * Frank "Rocco" Montesano Ed Hicks, Sr. Nelda Martinez Chuck Cazalas * Willard Hammonds, Sr. 4-04-02 4-27-99 4-04-02 4-27-99 4-04-04 4-14-98 4-04-03 10-13 -98 4-04-04 4-14-98 4-04-02 2-22-00 4-04-03 2-16-99 4-04-03 12-14-99 4-04-04 4-14-98 4-04-02 4-27-99 * Seeking reappointment ** Not seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Jerry Kane, Chairman Frank "Rocco" Montesano Willard Hammonds, Sr. 8 4 50% 8 8 100% 8 6 75% NO TE : Jerry Kane was not able to attend meetings on a regular basis due to some medical problems. He feels that be will now be able to comply with the attendance requirements. OTHER INDIVIDUALS EXPRESSING INTEREST Louis Alvarado Realtor/New Construction Representative, Martin Agency Realtors. Professional and community activities include: Kiwanis Club, C.C. Board of Realtors, Public Relations Director for Quetzal Theatre Group, Hispanic Chamber of Commerce and Hispanic Contractors Association. (10-01-01) 04-16-02.wpd, p. 1 J.C. Ayala Robert Broadway Douglas R. Dunn John E. Dunn Steven Hall, Ph.D. David Hayek MikeT. Johnson 04-16-02.wpd, page 2 Owner/Travel Agent, Let's Travel & Fiesta Vacations. Member of the Chamber of Commerce and Hispanic Chamber of Commerce. Awarded a Certificate of Achievement from the Mexico Ministry of Tourism. (4-O6-O2) Refinery Services Manager, Valero Refining Company. Graduate of University of Corpns Christi with major studies in History. Past president, current member of Executive Committee and Board of Governors for the United Way of the Coastal Bend. Founding Chairman of the Coastal Bend Workforce Development Board. Member of City's Board of Adjustment. Chairman Elect of the YMCX4-11-02) Center Director, University of the Incarnate Word (Del Mar campus). Holds a Master's degree in Public Administration. Member of the Rotary International Club. Has received numerous personal and unit awards during Coast Guard career. (1-30-02) Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recoguitions include: Chairman ofthe Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-25-01) Professor of Accounting, Texas A&M- Corpus Christi. B.B.A., M.B.A. and Ph.D. in Accounting. C.P.A. and a certified Government Financial Manager. Active with the Westside Business Association and the Texas Jazz Festival Society. (3- 25-02) Production Manager for Occidental Chemical Corporation. A.A. from Del Mar College, B.S. in Aerospace engineering from Texas A&I University, Board Member Padre Soccer League. (3-27-02) Administrator, Christus Spohn Hospital South. Vice- President, Christus Spohn Health System. M.P.A. in Robert T. Lacy, Sr. Glenn E. Lyons Grandis Lenkin John Maceda Bums W. McRee 04-16-02.wpd, page 3 Public Administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility Administrator. Professional activities include: Diplomat, American College of Healthcare Executives - Regional Advisory Board and American College of Healthcare Administrators. (4-01-02) Retired Ford dealer - 31 years. Community Activities include: Board member of Crime Stoppers and Beautify Corpus Christi. Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (4-09-02) Area of expertise - Development and marketing. Director of Padre Island Business Association Board and Director of the Karen E. Hemy Foundation. Served ten years in United States Air Force Security Service, Top Secret security clearance. (2-11-00) Vice-President of International Bank of Commerce. Community activities include: Kidney Foundation, Boy Scouts of America, United Way, Salvation Army, American Cancer Society, American Heart Association, USO of South Texas and the Navy League. Awarded the Yellow Rose of Texas from Governor Bush and the Silver Beaver Award from the Boy Scouts. Also a member of the Landmark Commission - willing to resign if appointed. (3-2 7-02) Vice-President of Administration and Marketing, Ray West Warehouses, Inc. B.F.A. from McMurry University, Abilene, TX. Community activities include: 2002 President of the Corpus Christi Transportation Association. Fifteen years experience in all aspects of airport management and airport operations. Professional activities include: Executive candidate of American Association of Airport Executives and member of the AAAE National, Administration and Finance Comnfittees. (3-27-02) Principal Broker/Owner, Gulftex Properties. Member of the C.C. Association of Realtors TREPAC Committee. Has been an active Real Estate broker in ClifMoss Govind Nadkarni James A. Needham Allan Potter MaryHelen Salazar 04-16-02.wpd, page 4 South Texas for over 25 years. Holds both the CPM and CCIM designations, the only broker south of San Antonio to do so. (5-11-01) Retired. Former City Councilman. Member of the Transportation Advisory Committee and the Nueces County Tax Appraisal District. Willing to resign fi.om the Transportation Advisory Committee if appointed. (S-2~-02) Owner, Govind and Associates. B.S. in Civil Engineering, Guajarat University; M.S. in Civil Engineehng, University of Southern California. Member of National Society of Professional Engineers and American Society of Civil Engineers. Graduate of Leadership Corpus Christi, Class 13. Received National Outstanding Businessman of the Year Award fi-om Texas Association of Minority Business Enterprises. (2~03-00) Coordinator of Programs, Texas A&M- Corpus Christi. Serves as a liaison between Texas A&M University System and South Texas business, industry, government, trade organizations and professional groups. B.S. and M.S. in Construction Management; Ph.D. in Architecture. Member of Local Emergency Planning Committee, United Way, Air Quality Committee and North Bay Community Advisory Committee. (1-26-00) Attorney-at-Law, Self-employed. B.A., Baylor University; J.D., Baylor Law School. Member of Texas Bar Association, C.C. Bar Association, Airplane & Pilots Owners Association, National Business Air Association. Holds an Aircraft Pilot License (Multi-Engine & Single Engine Commercial). (S-20-O2) Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council, South Texas Minority Coalition Organization and Hispanic Chamber of Commerce. Wilson B. "Bill" Stewart Gonzalo Tamez Raul Torres Ronald B. Wheaton Current member of Westside Business Association. (2-01-00) Retired, Federal Aviation Administration. B.S. in Business Management. Served as Air Traffic Manager at the C.C. International Airport and Air Traffic HUB Manager for South Texas (Harlingen, Brownsville and McAllen). Previously served on Airport Advisory Board fi.om 6/95 to 4/98. (3-14-02) Lieutenant, Corpus Christi Police Department, A.A. fi-om Del Mar College, B.A. fi.om Corpus Christi State University, M.A. fi.om Corpus Christi State University, Real Estate Brokers License fi-om the State of Texas, Member of LULAC, served as president for three terms, served as vice-president for two terms, and trustee for two terms. (3-15-02) Self-employed, C.P.A. Member of Texas Society of C.P.A.s and volunteers with Head Start. M.B.A. fi.om Texas A&M - CC. (2-17-00) President, BMW Engineering, Inc. B.S. from Michigan State University. Licensed by Texas State Board of Professional Engineers (mechanical engineer). (4-19-00) 04-16-02.wpd, page 5 SISTER CITY COMMITTEE - One vacancy with term to 9-02. (Since the term is set to expire shortly, it is recommended that Council reappoint the new appointee to a term ending 9-05). COMPOSITION It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the city's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. The offices of the committee shall consist of a General Chairman, Vice-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each Vice-Chairman shall be elected by majority vote of the Sister City Committee annually. MEMBERS TERM ORIGINAL APPTD. DATE Sue Dulaney, Chairperson 9-04 9-8-98 Yaiee Shih, Vice-Chairperson 9-02 10-21-97 Edna Balboa 9-04 9-11-01 Mufid A. Abudiab 9-02 10-10-00 * Blanca Becerra 9-02 9-28-99 Lucy Reta 9-02 9-10-96 Gary Hansen 9-04 9-10-96 Dine Combs 9-02 12-14-99 Mannti Cummins 9-04 9-11-01 Marvin Davis 9-04 6-13-00 Ann Jaime 9-02 6-13 -00 Rose Gunji 9-04 9-09-97 Wayne Bennett 9-04 9-11-01 Raquel Madrigal 9-04 6-13-00 Melody Cooper 9-02 5-08-01 Judy Benkendorfer 9-03 10-10-00 Danielle Pearrell 9-03 7-11-00 JoAnn Canales 9-03 10-31-00 Jesfis Rosales 9-03 10-10-00 John Wright 9-03 10-10-00 Frances Powell 9-03 5-08-01 * Resigned 04-16-02.wpd, page 6 INDIVIDUALS EXPRESSING INTEREST Albert Allen Retired Assistant Fire Chief. Owner o fCissi's Flower Shop. Seeking opportunity to learn about different cultures. (9-16-00) Regis Barber President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (3-23-00) Randy Farrar Home Builder. B.B.A. in Accounting, Texas A&M University. Activities include: First Vice President of Builders Association, member of Building Code Task Force, and 2000 Chairman of Parade of Homes. (2-16-00) Ellen MunT Loan Officer, Centex Home Equity. M.A. from Texas A&M - College Station. Community activities include KEDT Television and Radio Community Advisory Board and Downtown Rotary. Has 15 years experience in board and non-profit management. Has traveled and worked extensively in Africa, Europe, the Mideast and Central America. (3-20-02) Robert Vaughan Self-employed. B.S. in Computer Science. Received recognition from Mayor Mary Rhodes. Believes city should be more familiar with different cultures. (9-14-00) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (1-23-01) 04-16-02.wpd, page 7 c. TRANSPORTATION ADVISORY COMMITTEE - Three (3) vacancies with three- year terms to 4-30-05. COMPOSITION Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects its own Chairman and Vice-Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. MEMBERS TERM ORIGINAL APPTD. DATE Anthony Alejandro, Chairman 4-30-04 * Stuart Sher, Vice-Chairman 4-30-02 Robbie Foster 4-30-04 * Grace M. Gonzalez 4-30-02 Israel Ybarra 4-30-04 Orlando Noyola 4-30-03 ClifMoss 4-30-03 Don Davenport 4-30-03 * MAC Karla Bennett (NAS Security Officer) 4-30-02 4-28-98 2-17-98 4-11-00 2-13-01 9-10-96 5-27-97 1-23 -96 1-11-00 5-27-97 * Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Stuart Sher, Vice-Chair Grace M. Gonzalez MAC Karla Bennett (NAS) 10 9 90% 10 8 80% 10 8 80% OTHER INDIVIDUALS EXPRESSING INTEREST Dale D. Berry Director of Development, Texas A&M-Kingsville. B.A. from Howard Payne University. Member of Beautify Corpus Christi, South Texas Area Rides Association and the Association of Fund Raising Professionals. Would like to serve as an advocate for bike lanes. (1-24-02) William J. Green Project Manager, Goldston Engineering. Received 04-16-02.wpd, page 8 Mike Patterson Raul Torres B.S. at Rice University. Member of T.S.P.E., A.S.C.E., S.A.M.E. and a former member of the City Manager's Career Development Center. (6-01-01) Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. (1-2S-01) C.P.A. with a B.B.A. and M.B.A. from Texas A&M University in Corpus Christi. Member of Texas Society of CPA's and American Management Association and the Head Start Program. (6-07-01) 04-16-02.wpd, page 9 '1 ~ ' [' AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Altivia, Houston, Tx. for approximately 415 tons of sodium chlorite solution in accordance with Bid Invitation No. BI-0065- 02 based on low bid for an estimated annual expenditure of $234,060. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 01-02 by the Water Department. BACKGROUND: Purpose: Sodium chlorite solution is used in the treatment of potable (drinking) water. This chemical reacts with chlorine to form chlorine dioxide, which is used to remove unpleasant taste and odor from the water. It is also used as a disinfectant agent against "disease causing" organisms. Previous Contract: The option to extend the current contract was exercised requiring new bids to be received. Bid Invitations Issued: Eleven Bid Received: Three Price Analysis: Pricing has decreased approximately 12% from the previous bid of 1999. At the time of the extension last year, pricing was stable. Award Basis: Low Bid Funding: O. N. Stevens Water Plant 520010-4010-31010 $270,000 Mich~Uel'B arrera,XC?. M. Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO: BI-0065-02 SODIUM CHLORITE SOLUTION QUANTITY: 4'15 TONS BUYER: ESTHER C. BARRERA VENDOR UNIT PRICE PER TON TOTAL 1 ALTIVIA HOUSTON, TX. Mfg:Altivia Min Qty: 4500 gallons Lead time: 48 hours $564.00 $234.060.00 2 VULCAN CHEMICAL TECHNOLOGIES WEST SACRAMENTO, CA. Mfg: Vulcan Chemicals Min Qb/: 4000 gallons/40,000 lbs. Lead Time: 5-7days $569.00 $ 236,135.00 3 INTERNATIONAL DIOXCIDE, INC. NORTH KINGSTOWN, RI Mfg: international Dioxcide, Inc. Min Qty: 44,000 lbs Lead Time: 2-3 days $588.00 $244,020.00 4 ! ' [ AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of one (1) line jetting truck from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $79,009.02. The award is based on the cooperative purchasing agreement with HGAC. This vehicle will be used by the Wastewater Department. Funds are available from the FY 01-02 Capital Outlay Budget. This item will be an addition to the fleet. BACKGROLrND: Purpose: This vehicle will be used by the Wastewater Department to clean and clear blockages in the smaller diameter waste water lines. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. This type of vehicle is not under contract through any other cooperative purchasing agreement available to the City. Price History: The City purchased a similar vehicle in 2001 for a cost of $78,922.49. Funding: Wastewater - Line Item 178 550020-5110-40110 $80,000 Micl~ei"B~xrr er a,XC .~ M Procurement & General Services Manager COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four mowers and one sand trap rake in accordance with Bid Invitation No. BI-0057-02 from AMC Industries, San Antonio, Texas based on low bid for a total of $109,018.80. All items are replacement units. Funding is available in the FY01-02 Capital Outlay Fund. Purpose: The mowers will be used by the Park & Recreation Department on City Golf Courses. The equipment includes two greens mowers, two turf mowers and one sand trap rake. Bid Notices Issued: 6 Bid Invitations Received: 2 Basis of Award: Low Bid Price Comparison: The City last purchased a similar greens mower in 1999 for a total price of $13,984. The City has not recently purchased a turf mower or sand trap rake of the configuration specified. Maintenance Services 550020-5110-40110 $115,000 Capital Outlay Item Nos. 129,130,131 134and 135. Micha'~arrer~a, ~.p.M. Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Michael Barrera BID TABULATION BI-057-02 GOLF COURSE EQUIPMENT ~,MC Industries Professional Turf Produc;~s San Antonio, Texas San Antonio, Texas Unit I Extended Unit I Extended Item Description Qty. Price Price Price Price 1 Triplex Greens-Mower 2 $15,357.80 $ 30,718.60 $18,489.00 $ 36,978.00 2 7-Gang self propelled Turf Mower 2 35.388,40 70.776.80 38,100.00 76,200.00 3 Sand Trap Rake, Self-Propelled I 7526.40 9,763.00 9,763.00 Grand Total $ 109,018.80 Page 1 of 1 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase often (10) sedans from the Houston- Galveston Area Council of Government (HGAC), for the total amount of $146,781.50. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police Department. Funds are available through the Law Enforcement Block Grant. These items are replacements to the fleet. BACKGROUND: Purpose: These unmarked police vehicles will be used by the Police Department's undercover section. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. These type of vehicles can be purchased from the Texas Local Government Purchasing Cooperative through an Austin based Ford Dealer. However, the cost is 2% higher than pricing through HGAC. Price History: The City purchased similar vehicles in 200 t for a cost of $14,599.30. Funding: Police - Line Item 217 A 550020-1050-820801 Micl~el'Barrera, C~ P/~IVI~ Procurement & General Services Manager $150,000 COUNCIL MEMORANDUM RECOMMENDATION: Ordinance amending Ordinance No. 024528 which adopted the FY 2001-2002 budget to authorize purchase of additional fire truck through lease purchase program; and declaring an emergency. Motion approving the lease purchase of two aerial fire trucks from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $1,295,922.82. The award is based on the cooperative purchasing agreement with HGAC. Funds have been budgeted in the FY01/02 Capital Outlay List. These items are replacement upgrades and will be used by the Fire Department. Purpose: The two aerial fire trucks will be used by the Fire Department to fight fires in high story buildings and large residential homes. These will be replacement upgrades. The Fire Department has one aerial fire truck in the current budget to be lease purchased. However, the estimated lead-time for delivery of the track is estimated to be between 270 and 300 days. As payment for the truck is not approved until after delivery and inspection is made of the vehicle, the City will not begin to make payments on the lease until FY 02-03. Additionally, by ordering the two trucks as a package, the City will receive a $30,000 discount off the quoted price. Therefore, staff is recommending amending the current year's budget to add one additional truck. Although the City will be obligated to fund the two trucks over the five year lease purchase period, the award will not have a financial impact on this year's budget. Award Basis: The equipment will be purchased through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. These trucks are not under contract through any other cooperative available to the City. Price Comparison The City purchased a similar aerial truck for $658,979.95 from HGAC in 1997. Funding: Fire Department - 1020-12010-530190 Capital Outlay Number: Item No. 207 This equipment will be funded through the City's lease/purchase financing agre. ement for a 60-month period. The estimated interest rate is 3.85%. The actual interest rate will be determined after acceptance of the equipment. The annual payment for the equipment is $285,345.24. The 60 months total, ~~t~'is including principal of $1,295,922.82 and interest of $130,803.33 $1,426,726.20. Michael"Barrerax, [.P.M. Procurement and General Services Manager AN ORDINANCE AMENDING ORDINANCE NO. 024528 WHICH ADOPTED THE FY 2001- 2002 BUDGET TO AUTHORIZE PURCHASE OF ADDITIONAL FIRE TRUCK THROUGH LEASE PURCHASE PROGRAM; AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Ordinance No. 024528, which adopted the FY 2001-2002 budget, is amended to authorize purchase of additional fire track through Lease Purchase Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED ~ Il:>, 2002; JAMES R. BRAY, JR. U CITY ATTORNEY By: Lisa Aguilar~ Assistant City Attorney H 5LEG-DIR~LI SA\ORD3 \ORD3.494 8 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one pre-owned crawler tractor with sideboom in accordance with Bid Invitation No. BI-0067-02 from H&V Equipment Services Inc., Corpus Christi, Texas, based on low bid, for a total of $135,554. This equipment will be used by the Gas Department and is an addition to the fleet. Funding is available from the FY01-02 Capital Outlay List. Purpose: Bid Notices Issued: Bid Invitations Received: Basis of Award: Price Comparison: This machine will primarily be used by the Gas Department to lift and set large diameter pipe and valves on new installations of pipelines. In order to expedite the delivery of the machine, the City requested pricing for a pre-owned machine with a maximum delivery time of 30 days. The proposed machine has approximately 1450 hrs of use and is readily available for shipment. The life expectancy of this type of machine is approximately 15,000 hrs. Included in the price is a 12-month powertrain warranty covering all parts and labor for mechanical failure. 4 2 Low Bid The City purchased a new machine in 2001 for a cost of $152,341. Maintenance Services 550020-5110-40110 550020-4130-34130 Capital Outlay Line Items 216A and 144 Total: $60,000 75,600 $135,600 Mlc~aeXl~Barrera, Procurement & General Services Manager City of Corpus Christi Purchasing Division Bid Tabulation Bid Invitation No. BI-0067-02 Used Crawler Tractor with Side Boom & Winches Quantity: 1 each Price H.V. Equipment Serv., Inc. Corpus Christi, Texas $135,554 Holt Company of Texas Corpus Christi, Texas $144,000 AGENDA MEMORANDUM DATE: January 22, 2002 SUBJECT: Crosstown / S.P.I.D. Interchange Waterline Adjustment at Gollihar Road and Johanna Street. (Project No. 8336) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with King-lsles~ Inc. in the amount of $1,065,630 for the Crosstown / S.P.I.D. Interchange Waterline Adjustments at Gollihar Road and Johanna Street. ISSUE: The Texas Department of Transportation is constructing the Crosstown-South Padre Island Drive interchange project. This proposed project is necessary to: · adjust the existing waterline at Gollihar Road to facilitate the widening of the overpass structure located on State Highway 286 at Gollihar Road, and · relocate the existing waterline between the frontage road and main lane to Johanna Street to avoid conflict with the newly widened pavement on eastbound travel lanes on S.P.I.D. FUNDING: Funds for this project are available in the Fiscal Year 01-02 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~i?'el R. Escobar, P. E., ector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Summary Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Crosstown / S.P.I.D. Interchange Waterline Adjustment at Gollihar Road and Johanna Street. (Project No. 8336) PRIOR COUNCIL ACTION: December 21, 2001 - Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services contract with Smith, Russo & Mercer in the amount of $125,950 for engineering services associated with the Up River Road and Ayers Street Resurfacing Projects and the Crosstown/S.P.l.D 30- inch Waterline Relocation to Johanna Street. (M2001-469) January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget (Ordinance No. 024730) PRIOR ADMINISTRATIVE ACTION: March 21, 2001 - Administrative approval of a small engineering services contract with Naismith Engineering, Inc. for a total fee not to exceed $12,850 for survey services for Johanna Street / Gollihar Road waterline relocation. November 16, 2001 - Administrative approval of a small engineering services contract with Smith, Russo & Mercer Consulting Engineers, Inc. for a total fee not to exceed $3,000 for engineering services for Johanna Street / Gollihar Road waterline relocation. FUTURE COUNCIL ACTION: 1. None BACKGROUND INFORMATION: The Texas Department of Transportation is constructing the Crosstown-South Padre Island Drive Interchange project. As a result of the project improvements and TxDOT requirements, it is necessary to adjust existing water lines to avoid conflict and to place water away from the widened main lane on east-bound SPID. This proposed project will grout abandoned water lines and replace the existing water lines away from the additional columns that will support the widening of the overhead main lane decks on Cresstown Expressway, State Highway 286 at Gollihar and away from widening main lanes on east-bound SPID. Funds to finance the proposed project are available from FY 2001-2002 Water Capital Improvement Budget. PROJECT DESCRIPTION: The proposed project consists of approximately 3,000-linear feet of 30-inch ductile iron pipe water lines, approximately 500-linear feet of 12-inch PVC water line, and associated fittings, pavement repair, grouting abandoned water line, and I EXHIBIT "A" I Page I of 2 full width seal coat of Johanna and Richter Streets in accordance with the plans, technical specifications, and contract documents. BID INFORMATION: This project consists solely of a base bid. The City received proposals from two (2) bidders on April 3, 2002. (See Exhibit C.) The bid range is as follows: Base Bid = $1,065,630 to $1,291,195 The Engineer's construction estimate is $1,000,000. The City's NE Consultant, Smith, Russo & Mercer, and City Staff recommend that based on Iow bid and past satisfactory service, a construction contract be awarded in the amount of $1,065,630 to King-Isles, Inc. for the Crosstown/S.P.l.D. Interchange Waterline Adjustments. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days, with completion anticipated in late October 2002. FUNDING: Funds for this project are available from the FY 2001 - 2002 Water Capital Improvement Budget. I EXHIBIT "A" Page 2 of 2 TABULATICN OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TZXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 3, 2002 TIME OP CCMPLETICN: 150 Consecutive Calender Days ENGINEER'S ESTDMTE: $ 1,000,000.00 Crosstown/S.P.Z.D. Interchange Ring -Isles, Inc. Pate i Pate, LLC Waterline Adjustments 1641 Goldston Road 300 Valleyvood Gollihar Rd. & Johanna St. Corpus Christi, TX 78409 The Woodlands, TX 77380 Project Nos. 8336/8387 ITEM Al DESCRIPTION Remove & Replace Pavement - Asphalt QTY 60 UNIT SY UNIT PRICE 9225.00 AMOUNT $13,500.00 UNIT PRICE $175.00 ANDUNT $10,500.00 A2 Remove & Replace Pavement - Concrete 29 SY $200.00 $5,800.00 $231.00 $6,699.00 A3 Remove & Replace Pavement - Curb, Gutter 62 LF $30.00 $1,860.00 $28.00 $1,736.00 A4 Trench Safety for Excavations 560 LF $2.00 $1,120.00 $4.00 $2,240.00 A5 12" PVC Waterline and Fittings 560 LF $85.00 $47,600.00 $300.00 $168,000.00 A6 Boring for 20" Casing 100 LF $400.00 $40,000.00 $400.00 $40,000.00 A7 8" Gate Valve 1 EA $1,250.00 $1,250.00 $1,600.00 $1,600.00 A8 12" Gate Valve 3 EA $1,700.00 $5,100.00 $1,400.00 $4,200.00 A9 12" 22.5' Bend 2 EA $600.00 $1,200.00 $400.00 $800.00 A10 12" 45' Bend 6 EA $600.00 $3,600.00 $400.00 $2,400.00 SiIEET SUB -TOTAL: $121,030.00 $238,175.00 Page t of 6 2hmLILTION OF BIDS DEPARTHM OF ENGINOIERING-CITY OF CORPUS CHRISTI, TEXAS TABUZAM BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 3, 2002 was OF CO14PLETION: 130 Consecutive Calender Days ENGINEER'S ESTIMATE: $ 1,000,000.00 Crosstova/S.P.I.D. Interchange Ring -Islas, Inc. Pate i Pato, LLC Waterline Adjustments 1641 Goldston Road 300 Vallsyaocd Gollihar Rd. G Johanna St. Corpus Christi, TIC 78409 The Woodlands, TE 77380 Project Has. 8336/8387 ITffid DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE A1lDtR7T All 12" 90' Bend 1 EA $1,400.00 $1,400.00 $400.00 $400.00 Al2 12" x 8" Cross 1 EA $1,800,00 $1,600.00 $400.00 $400.00 A13 Grouting Abandoned 12" Waterline 460 LF $11.00 $5,060.00 $20.00 $9,200.00 SUBTOTAL PERT At $129,290,00 $248,171.00 _Um vx (_ Q) "!2 0 Page 2 of 6 TABULATION or BIDS DEPARTMENT Of ENQnM RING -CITY OF CORPUS CRRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 3, 2002 TndE'08 CCMPLETION: 150 Consecutive Calender Days ENOIPEER'S ESTIMATE: $ 1,000,000.00 Crosstown/S.P.I.D. Interchange King -Isles, Inc. Pate 6 Pate, LLC Waterline Adjustments 1641 Goldston Road 300 VAlleywood Gollihar Rd. t Johanna St. Corpus Christi, TX 78409 The Woodlands, TX 77380 Project Kos. 8336/8387 ITEM DESCRIPTION QTT UNIT UNIT PRICE AMMM UNIT PRICE AMOUNT B1 Exploratory Excavation as per 1 LS $100,000.00 $100,000.00 $17,000.00 $17,000.00 Special Provision A-47 B2 30" Temporary Tap and Plug 2 EA $50,000.00 $100,000.00 $37,000.00 $74,000.00 (Hydra -Stop) B3 Remove and Replace Pavement - 3000 SY $30.00 $90,000.00 $25.00 $75,000.00 Asphalt B4 Remove and Replace Pavement - 20 SY $115.00 $2,300.00 $150.00 $3,000.00 Concrete B5 Remove and Replace Pavement - 20 LF $50.00 $1,000.00 $40.00 $800.00 Curb, Gutter B5 Trench Safety for Excavations 3,090 LF $1.50 $4,635.00 $4.00 $12,360.00 B7 Boring for 48" Casing 50 LF $1,350.00 $67,500.00 $750.00 $37,500.00 B9 30" Cement Lined, Coated, Dip 3,090 LF $75.00 $231,750.00 $170.00 $525,300.00 Waterline B9 8" PVC 'Waterline and Fittings 45 LF $25.00 $1,125.00 $90.00 $4,050.00 SHEET SUB -TOTAL: $598,310.00 $749,010.00 Page 3 of 6 TABULATION OF BIDS DEPARTMENT OF ENGnZMM G -CITY OF COMB CHRISTI, TEAS TABULATED BY: 'Angel R. Escobar, P.E., Diractor of Engineering Services DATE: April 3, 2002 TIME OF COMPLETION: 150 Consecutive Calender Days MOXHIMR•8 E9TI101TE: $ 1,000,000.00 Crosstown/S.P.I.D. Interchange King -Isles, Inc. Pate 6 Pate, LLC mterlins Adjustments 1641 Goldston Road 300 Valleywood Gollihar Rd. i Johanna St. Corpus Christi, TS 78409 The Woodlands, TR 77380 Project Non. 8336/8387 ITEM D89CAIPTION QTS UNIT MUT PRICE AMO(APP UNIT PRICE AMOUNT B10 30" 45° Bend 29 EA $4,200.00 $121,800.00 $4,200.00 $121,800.00 B11 30" 90' Bend 2 EA $10,300.00 $20,600.00 $4, 600. DO $9,200.00 312 30" X B" X 30" Tee 1 EA $5,200.00 $5,200.00 $4,100.00 $4,100.00 313 30" Butterfly Valve 2 EA $8,500.00 $17,000.00 $9,700.00 $19,400.00 B14 8" Gate Valve i EA $1,200.00 $1,200.00 $800.00 $800.00 B15 30" x 12" Cross 1 EA $6,450.00 $6,450.00 $6,500.00 $6,500.00 B16 8" 45' Bend 2 EA $500.00 $1,000.00 $250.00 $500.00 B17 8" 90' Bend 4 EA $475.00 $1,900.00 $250.00 $1,000.00 B18 8" x 8" Tee 1 EA $1,000.00 $1,000.00 $250.00 $250.00 B19 12" to 8" Reducer 2 EA $750.00 $1,500.00 $250.00 $500.D0 SHEET SOB -TOTAL: $177,650.00 $164,050.00 Page 4 of 6 TABULATION OF BIDS D$PARTHM OF ENGINZMNG-CITY OF CORPUS CHRISTI, TEXAS TABULATED ST. 'Angel R. Escobar, P.B., Director of Engineering Services DATE: April 3, 2002 TDKE OF COMPLETION: 150 Consecutive Calender Days SNGIN&BR,s ESTZD m: $ 1,000,000.00 Crosstown/S.P.I.D. Interchange Ring -Islas, inc. Pat* i Pate, LLC Waterline Adjustments 1641 Goldston Road 300 Valleywood Gollihar Rd. i Johanna St. Corpus Christi, TR 78409 The Woodlands, TR 77380 Project Hos. 8336/8387 ITEM B20 DESCRIPTION QTr 96" Fiberglass Manholes and 1 associated items and work UNIT EA UNIT PRICE AMOUNT $13,000.00 $13,000.00 UNIT PRICE $20,000.00 ANDMrz $20,000.00 B21 Bermuda Seeding 200 BY $12.00 $2,400.00 $1.00 $200.00 B22 Grouting Abandoned 30" Waterline 2,550 LF $50.00 $132,500.00 $32.00 $84,800.00 B23 Seal Coat 8,320 SY $1.50 $12,480.00 $3.00 $24,960.00 PART B SUS -TOTAL: $936,340.00 $1,043,020.00 Page 5 of 6 TABOIATION or BIDS DEPARTMENT OF wG2NEERING-CITY or CORPUS C ism, TERAB TABULATED BY: 'Angel R. Escobar, P.S., Director of Engineering services DATE: April 3, 2002 TINY OF COKLETION: 150 Consecutive Calender Days ENGINEER'S ESTIMATE: $ 1,000,000.00 Crosstown/S.P.I.D. Interchange Ring -Isles, Inc. Pate 6 Pate, LLC Waterline Adjustments 1641 Goldston Road 300 Vaileyxood Gollihar Rd. i JohanSt. Corpus Christi, T$ 78409 The Woodlands, T% 77 Johanna 380 Project Nos. 8336/8387 ITS DEBCRYPTICW QTY OMIT UNIT PRICE AMOUNT UNYT PRICE AMOUNT PART A SUB -TOTAL BASE BID (STREET WORK): $129,290.00 $248,175.00 PART B SUB -TOTAL BASE BID (DRAINAGE IMPROVEMENTS): $936,340.00 $1,043,02D.00 TOTAL BASE BID (SUBTOTAL PART A + PART B): $1,065,630.00 $1,291,195.00 O) Page 6 of 6 CROSSTOWNIS.P.I.D. INTERCHANGE WATERLINE ADJUSTMENTS PROJECT BUDGET April 02, 2002 FUNDS AVAILABLE: ESTIMATED BUDGET IFiscal Year 2001-02 Water Capital Improvement Budget $ 1,250,000.00 Fiscal Year 2001-02 Water Operating Budget 3,000.00 Total ..................................................................................................... $ 1,253,000.00 FUNDS REQUIRED: Construction Cost (King-Isles, Inc.) $ 1,065,630.00 Construction Contingencies 85,250.00 Design Consultant (Smith Russo & Mercer) 62~000.00 Survey (Naismith Engineering) 12,850.00 Inspection 12,770.00 Engineering Reimbursements 9,000.00 Administrative Reimbursements 4,000.00 incidental Expenses (Printing, Advertising, etc.) 1,500.00 Total ..................................................................................................... $ 1,253,000.00 EXHIBIT"C" J Page 1of 1 File : councilexh\8336exh.dwg NUECES BAY N IH37 CORPUS CHRISTI BAY CRO$STOWN ~ GOLLIHAR PROJECT LOCATION ~.P./'.D ~ JOHANNA LOCATION F.~, 43 FM 2444 PROJECT N0.8336 LOCATION J/IAP NOT TO SCALE EXHIBIT "D" CROSSTOWN/S.P. I.D. INTERCHANGE WATERLINE ADJUSTMENTS at GOLLIHAR ROAD and JOHANNA ST. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04-05-2002 10 AGENDA MEMORANDUM DATE: April 16, 2002 SUBJECT: Installation of Wastewater Clean-outs FY 2001 - 2002 (Project No. #7246) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $161,435 with Rycon E & C, LLC for the Installation of Wastewater Clean- outs FY 2001 - 2002. ISSUE: Residential sanitary service lines that do not have clean-outs must be broken into by the Wastewater Department to clear stoppages. These service lines need to be repaired to prevent debds and surface water from entering the collection system, causing line blockages and/or overloading of treatment plants during heavy rainfall events. This project provides for the rapid installation of clean-outs as the need arises, as well as installations in problem-prone neighborhoods before blockages occur. FUNDING: Funds for this project are available in the FY 2001-2002 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Wastewater Superintendent '~Jl~l I~: Escobar, P.E., "' I~irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Summary Exhibit "C" Project Budget Exhibit "D" Typical Clean-Out Assembly Installation AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Installation of Wastewater Clean-outs FY 2001 - 2002 (Project No. #7246) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget for $152,674,800. (Ordinance No. 024730) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: The Wastewater Department assumes the responsibility for all sanitary sewer lines within public right-of-way and easements. When a blockage occurs in a service line and there is no clean-out, the line must be exposed and broken into to see if responsibility for the problem lies with the City or the property owner. Once the blockage has been cleared, the broken pipe must be replaced and a clean-out installed. Many Corpus Christi homes were constructed before clean-outs were required in the City's Plumbing Code, the Wastewater Division has accumulated numerous work orders for clean-outs. PROJECT DESCRIPTION: The project consists of the complete approximately 400 clean-outs which will include: · excavation of service line; · removal of damaged pipe; · installation of new PVC clean-out assemblies; · site cleanup; and · backfill installation of BID INFORMATION: The project consists solely of a base bid. The City received a proposal from one (1) bidder on March 20, 2002. (See Exhibit "B") The bid was for $161,435. The Engineer's estimated construction cost for the project is $220,000.00 The bid opening was delayed one week to encourage more bidders. Due to the saturation of work in the market at this time, this job did not carry a high priority for private contractors to bid. The one bid received did come in lower than the Engineer's construction estimate. At this time it is advised that based on past satisfactory experience with projects of this type, that a construction contract be awarded in the amount of $161,435 to Rycon E & C, LLC for the Installation of Wastewater Clean-outs FY 2001 - 2002. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by late November 2002. EXHIBIT "A" Page 1 of 2 FUNDING: Funds for this project are available in the Wastewater Capital Improvement Budget. EXHIBIT "A" Page 2 of 2 TABULATION OF BIDS Page 1 of 1 DEPARTMERT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: "gal R.Eacobar, P.E., Director of Engineering Services DATE: Wednesday, March 20, 2002 TIME OF COMPLETION: 180 Calendar Days ENGINEER'S ESTIMATEt $220,000 Installation of Wastewater Rycon E&C, LLC Clean -Outs 3316 N. FM -1355 Project No. 7246 Kingsville, TX 78363 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Item 4" Clean -Outs 400 EA 319.00 127,600.00 No.l 0.00 0.00 Item 6" Clean -Outs 5 EA 349.00 1,745.00 No.2 0.00 0.00 Item Remove and replace all 4" pipe to 750 LF 6.00 4,500.00 N0.3 and including the bend 0.00 0.00 Item Remove and replace all 6" pipe to 200 LF 8.00 1,600.00 N0.4 and including the bend 0.00 0.00 Item Remove and replace all 4" pipe 750 IF 10.00 7,500.00 No.S from main, w/new PVC saddle to 0.00 0.00 the bend Item Remove and replace all 6" pipe 200 LF 12.00 2,400.00 N0.6 from main, w/new, PVC saddle to 0.00 0.00 the bend Item Trench safety. measures 950 LF 190.00 No.7 .20 0.00 0.00 Item Remove and reinstall existing 750 LF 8.00 6,000.00 NO.8 fence 0.00 0.00 Item Sod 400 SF 6.00 2,400.00 No.9 0.00 0.00 Item Concrete flatwork repair 400 SF 5.00 2,000.00 No.10 0.00 0.00 Item Asphalt pavement repair 100 BY 50.00 5,000.00 No.li 0.00 0.00 Item Caliche repair _ 100 SY 5.00 500.00 No. 12 0.00 0.00 TOTAL E B12, 161 435.00 EXHMIT"B" Pane 1 of 1 WASTEWATER CLEANOUT INSTALLATION PROGRAM FY 01-02 PROJECT BUDGET April 02, 2002 FUNDS AVAILABLE: IFiscal Year 2001-02 Wastewater Capital Improvement Budget FUNDS REQUIRED: ESTIMATED BUDGET I $ 250,000.00 Construction Cost (Rycon E & C, LLC) $ 161,435.00 Construction Contingencies 16,143.00 Inspection 5,000.00 Engineering Reimbursements 3,000.00 Administrative Reimbursements 1,000.00 Incidental Expenses (Printing, Advertising, etc.) 1,000.00 Total ..................................................................................................... $ 187,578.00 EXHIBIT "C" Page 1 of 1 DR/VEWAY SE~ER /~A/N & TAP TYPZCAL DR.T.T_ VEWAY CLEAN-OUT ASSEMBLY CT. TY PROJECT NO. 7193 TYPZCAL CLEAN-OUT ASSEMBLY INSTALLATZON EXHZBZT "D" T. NSTALLATT. ON OF WASTEWATER CLEAN-OUTS FY 01-02 CI'P~ OF CORPUS CHRISTI. TEXAS CZTY COUNCZL EXHZBZT ~ DEP~E'NT OF ENGINEERING SER~C~ PAGE: I of I ___--.-- ~TE: 03-13-2002 ~ ~ . r ~ ~ AGENDA MEMORANDUM DATE: April 16, 2002 SUBJECT: Broadway WWTP Lift Station Diversion Project (Project #7110) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind E.C. in the amount of $99,112 for the Broadway Plant Lift Station Diversion project. ISSUE: At the Council meeting of January 29, 2002, staff was instructed to proceed with Broadway Wastewater Treatment Plant Diversion Option #3 to construct a new wastewater treatment plant in the industrial area. This amendment for engineering services is necessary to accomplish that directive. FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ! Foster Crowell, ' Wastewater Superintendent 6~c~ .............. of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Broadway WWTP Lift Station and Diversion Project (Project #7110). PRIOR COUNCIL ACTION: 1. Au.qust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta. (M1998-285) 2. Au.qust 22, 2000 - Approval of the FY 2000-01 Capital Improvement Budget (Ordinance No. 024162). 3. May 5, 2001 - Motion authorizing the City Manager, or his designee; to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (M2001-189). 4. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (M2001-409). 5. February 26, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City and Govind & Associates, Inc. (M2002-059). PRIOR ADMINISTRATIVE ACTION: 1. September 10. 1999 -Administrative Amendment No. 1 to an engineering services contract with Govind & Associates for a total fee not to exceed $4,480 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfail Improvements. 2. June 27, 2000 - Administrative Amendment No. 2 to an engineering services contract with Govind & Associates for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793, to evaluate alternate pump station locations. 3. June 19, 2001 - Administrative Amendment No. 4 to an engineering services contract with Govind & Associates for a total fee not to exceed $14,020 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary engineering amendments and construction contracts to implement the preferred Option #3 improvements of constructing a new wastewater treatment plant in the industrial area. EXHIBIT "A" Page I of 2 PROJECT BACKGROUND: The 1997 Council-approved Facilities Implementation Plan recommended diversion of the waste stream from the Broadway Wastewater Treatment Plant to the Greenwood Plant. Subsequent analyses have indicated a cost far exceeding the '97 Study estimates. At the Council meeting of January 29, 2002, staff presented an update on the status of the Broadway Wastewater Treatment Plant Diversion project including a comprehensive cost comparison of: · Option One: diversion of effluent to Greenwood; · Option Three: construction of a new facility at to be located in the industrial area; and, · Option Four: construction of a new facility to be located at the existing site. Staff was instructed to proceed with Option No. 3 of constructing a new wastewater treatment plant in the industrial area. This directive will require the services of an A/E agreement to begin the process of property acquisition of an environmentally acceptable location. PROJECT DESCRIPTION: This A/E agreement will include: · Assembling team to facilitate the negotiations for land acquisition from CITGO; · Title research; · Appraisal of property; · Preparing specifications for necessary geotechnical services associated with the purchase of the property; · Review of Phase One of the Environmental Assessment Report · Preparation of Phase Two of the Environmental Assessment Report · Subsequent negotiations with the Port of Corpus Christi for purchase of a portion of the CITGO parcel; · Wetlands mitigation; · Survey and platting of proposed site; · All legal documentation and contracts necessary to purchase property; · All necessary permitting; · Fatal Flaw Analysis; · Exhibits of proposed layout of new CITGO tanks and construction estimates; · Complete plans and specifications for demolition of existing tanks on CITGO site; and · Completion of the Design Memorandum, including a supplemental report analyzing the viability of the three options explored and concluding with the recommendation of an acceptable site on which to build a future wastewater treatment plant. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY BROADWAY PLANT LIFT STATION DIVERSION PROJECT AMENDMENT NO 6 Section II. SCOPE OF SERVICES, Paragraph B, ADDITIONAL SERVICES, BROADWAY PLANT LIFT STATION AND DIVERSION TO GREENWOOD PLANT/NUECES RIVER DELTA shall be modified by adding the additional paragraphs shown below. 8. New Site Acquisition. The Engineer will: Perform all necessary services to implement Option Three, Construct a New Plant in the Industrial Area, as recommended in the letter report delivered as part of Amendment No. 5 to this contract and approved by City Council on January 29, 2002. 1. Retain the services of essential persons to facilitate the purchase of recommended site. a. Mr. W. Thomas Utter, under a separate contract with Govind E.C., will work as a facilitator in negotiating for the land acquisition from Citgo. He will be available for ail the negotiations between the City, CITGO and Port Authority. He will also be available during all City Council presentations; b. Stewart Rice, an attorney with Wood, Boykin & Walters law firm, will under a separate contract with Govind E.C, assist the City in acquiring the recommended site and prepare all the necessary legal documents including the Title Report and appraisal of the said property; and c. acquire services of environmental professional firm of PBS&J under a separate contract with Govind E.C., for review of the Environmental Site Assessment Phase I to be provided by CITGO. After approval of Phase I, PBS&J will be responsible for collecting and analyzing soil samples from the CITGO site and preparing the Phase II Environmental Assessment report. Meet, as necessary, with City staff, respective property owners, outside agencies and other interested parties to facilitate the purchase of recommended site. a. conduct at least one meeting per month, not to exceed twelve meetings during the next eight to ten months with City of Corpus Christi staff and relevant participants. Govind E.C will be responsible for preparing the agenda for each meeting, taking meeting notes, preparing action items, designating persons for each task and setting deadlines for each task; b. meet with CITGO representatives about the purchase of 11+ acres out of a 30-acre parcel of land off the North Port Avenue, known as CITGO terminal warehouse; c. negotiate the terms and conditions for Port Authority to purchase a portion of the CITGO parcel from the City of Corpus Christi; AND EXHIBIT "B" Page I of 4 d. negotiate the terms and conditions for Port Authority for the wetland mitigation of the CITGO property. Survey the necessary two parcels of land for the futura wastewater plant site, including the Salt Flats Drainage ditch, and the area to be sold to the Port Authority and define the metes and bounds for these properties. 4. Deliverables will include: a. complete plans and specifications (in City preferred format) for demolition of existing tanks on the CITGO site including clean up of the pipelines and tank structures; b. exhibits of proposed layout of new CITGO tanks and construction estimates; c. specifications for geotechnical services and soil sampling for the CITGO site. A disposal plan for any contaminated soils and liquids will be prepared and include cost estimates for the disposal of contaminated soil and petroleum products. The City Attorney's office, with the assistance of an Environmental Attorney will use the information in the soil report to apply for remediation and construction grant under the Brownsfields Redevelopment Act; d. a fatal flaw analysis for ail the tasks ralated to the land acquisition from CITGO; e. a timeline of the completed project with December 31, 2008 being the completion date for the entira project (including construction); AND f. the Design Memorandum for the Broadway Diversion project will be ravised and the raport will be finalized. A supplemental report will update the latest version of the Design Memorandum and will include an analysis of the viability of the three explorad options and conclude with the racommendation of an acceptable site on which to build a futura wastewater treatment plant. Section II. SCOPE OF SERVICES, STAGE 2 BROADWAY PLANT LIFT STATION AND DIVERSION TO GREENWOOD PLANT/NUECES RIVER DELTA shall be modified by adding the additional table shown below. PROPOSED PROJECT SCHEDULE DATE ACTIVITY End of April 2002 Initial Meeting with Citgo Appraisal and Contract praparation for Citgo May 2002 site Mid-June 2002 Agreement and access to property for survey and field data June 2002 Site Assessment Phase 1 (by Citgo) EXHIBIT "B" Page 2 of 4 July to September 2002 Engineering for New Tanks on Citgo Site July to January 2003 Wetlands Mitigation by Port Authority End of December 2002 Demolition of three (3) petroleum tanks not being used End of December 2002 Site Assessment Phase II (PBS&J) End of December 2002 Design Memorandum Updated January to February 2003 Finalize Report February 2003 Construction of two (2) new tanks Mamh 2003 Temporary pumps and transferring of petroleum products from old to new tanks April/May 2003 Demolition of two (2) remaining old tanks after transfer of petroleum products 3. FEES C. Summary of Fees shall be modified by the following additions: See Fees as shown in the following table: EXHIBIT "B" Page 3 of 4 AIRPORT DITCH OUTFALL IMPROVEMENTS & BROADWAY WWTP DIVERSION TO Fees for Basic Service Project f Preliminary Phase - Design Memorandum Preliminary Phase - Stage Two Design Phase Bid Phase Construction Phase Sub -Total Fees Basic Service Fees for Additional Service 1. Permitting 2. Survey 3. Environmental Assessments 4. Permit Preparation 5. O&M Manual Preparation 6. Start-up Services 7. Topographic Services 8. New Site Acquisition Sub -Total Fees Additional Service Total of Authorized Fees Total Amendment No. 6: $99,112 AMENDMENT NO. 6 Project No. #7110 April 16, 2002 Airport Broadway Total Amend. Amend. Amend. Amend. Amend. Amend. Total Ditch Plant Contract No.1 No.2 No.3 No.4 No.5 No.6 Invoice 44,000.00 175,210.00 219,210.00 0.00 9,480.00 5,230.00 14,020.00 43,560.00 0.00 291,500.00 44,523.00 0.00 44,523.00 0.00 0.00 0.00 0.00 0.00 0.00 44,523.00 0.00 0.00 0.00 0.00 0.00 33,170.00 0.00 0.00 0.00 33,170.00 0.00 0.00 0.00 0.00 0.00 2,750.00 0.00 0.00 0.00 2,750.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 88,523.00 175,210.00 263,733.00 0.00 9,480.00 41,150.00 14,020.00 43,560.00 0.00 371,943.00 34,920.00 0.00 34,920.00 0.00 0.00 0.00 0.00 0.00 0.00 34,920.00 31,200.00 0.00 31,200.00 0.00 0.00 0.00 0.00 0.00 0.00 31,200.00 0.00 0.00 0.00 4,460.00 0.00 0.00 0.00 0.00 0.00 4,460.00 0.00 0.00 0.00 0.00 0.00 310.00 0.00 0.00 0.00 310.00 0.00 0.00 0.00 0.00 0.00 1,030.00 0.00 0.00 0.00 1,030.00 0.00 0.00 0.00 0.00 0.00 520.00 0.00 0.00 0.00 520.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 99,112.00 99,112.00 66,120.00 0.00 66,120.00 4,460.00 0.00 1,860.00 0.00 5,000.00 99112.00 176,552.00 154,643.001 175,210.001 329,853.001 4,460.001 9,480.001 43,010.001 14,020.001 48,560.00 99,112.00 548,495.00 EXHIBIT "B" Page 4 of 4 File : ~Mproject\councilexhibits\exh7110.dwg  PROJECT LOCATION ~N~ ~ /~/~'~ co~o~c~,~ LEOPARD \t I CORPUS CHR~SD SH~P VIClNI~ ~P CZ~ PR~ECT No. 7110 NOT TO SCALE EXHIBIT "C" BRO~WAY P~T LIFT STATION cz~ ~NCZL EXHZ.ZT DEPONENT OF ENGINE~ING SERWC~ DIVERSION PROJECT PA~E: I of I '_ CI~ OF CORPUS CHRISTI, TE~S DATE: 04-12-2002 12 AGENDA MEMORANDUM DATE: April 8, 2002 SUBJECT: Laguna Madre Service Area - Collection System Rehabilitation (Project No. 7098) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 for Stage 2 services to the engineering contract with Goldston Engineering, Inc. in the amount of $249,575 for the Laguna Madre Service Area - Collection System Rehabilitation Project. ISSUE: The City's consultant, Goldston Engineering, Inc., has completed Stage 1 services of the contract. They are ready to proceed with Stage 2 services including Preliminary Phase, Design Phase, Bid Phase, Construction Phase, and Data Review and Implementation Plan Update. FUNDING: Funds for this project are available in the FY 2001-2002 Sanitary Sewer Capital Projects Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Wastewater Superintendent ~el R. Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:~HOME~VELMAR~G EN~WASTEWAT~7115~AMENDMENT I'~AGENDA MEMORANDUM BACKGROUNDINFORMATION SUBJECT: Laguna Madre Service Area - Collection System Rehabilitation (Project No. 7098) PRIOR COUNCIL ACTION: 1. January 27, 1998: Award of an engineering contract in the amount of $397,587 to Goldston Engineering, Inc. for the Laguna Madre Service Area: Collection System Rehabilitation (Motion No. M98-013). 2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Goldston Engineering, Inc. in the amount of $77,708 to expand the scope of services of the Laguna Madre Service Area Collection System Rehabilitation Project to include additional services for Closed Cimuit Television Inspection (Motion No. M99-356). PRIOR ADMINISTRATIVE ACTION: 1. February 18, 1998 - Executed Geographic Information System (GIS) Data Sharing Agreement with Goldston Engineering, Inc. 2. May 5, 1999 - Executed Agreement for Consultant Services with Fugro South, Inc. in the amount of $4,627.50. 3. July 23, 1999 - Executed Amendment No. 1 to the Agreement for Consultant Services with Fugre South, Inc. in the amount of $2,700 for a total re-stated fee of $7,327.50. FUTURE COUNCIL ACTION: Approval of required construction contracts. BACKGROUND: The Laguna Madre Wastewaster Treatment Plant serves the Flour Bluff area of the City. Because Flour Bluff is a Iow-lying area with primarily sandy soils, the majority of the sanitary sewers are in wet conditions because of the high groundwater table. Even during periods of negligible rainfall, tidal conditions can keep the groundwater level high. The majodty of the sanitary sewers in Flour Bluff are old and constructed using pipe materials and joints that are no longer considered acceptable. Therefore, groundwater enters the pipe through joints and cracks in the pipe materials. Also, the manholes were constructed using bdck and mortar. The mortar chemically reacts with the gases created by the sewage and deteriorates, leaving openings in the manholes for additional infiltration of groundwater. To formulate a long-range program for reducing the amount of infiltration, the City contracted Goldston Engineering, Inc. Goldston Engineering, Inc., has completed Stage 1 services of the contract. Stage 1 services allowed the consultant to isolate and evaluate the sources of inflow and infiltration in three (3) phases as follows: EXHIBIT "A" Page 1 of 2 H:\HOME~V1ELMAR~GEI~WASTEWA'I~7098'~AM DENDMENT NO. Z~GENDA BACKGROUND · Evaluation and Data Review Phase · Sanitary Sewer Overflow Study and Analysis Phase · Abatement Plan Phase Amendment No. 1 allowed Goldston Engineering, Inc. to provide oversight and hire a sub-consultant to per[orm closed circuit television (CCTV) inspections services. The CCTV inspection consisted of internal color television inspection of pipes on VHS format tapes. Included with the tapes are inspection logs of the line segments televised. The logs show the entire line segment, including all connections, defects, infiltration, roots, grease, etc. The information collected through the CCTV inspection assist the consultant in preparation of detailed plans and specifications for a proposed construction project to remedy collection system deficiencies. PROJECT DESCRIPTION: The proposed amendment will allow Goldston Engineering, Inc. to provide two (2) Parts (A and B) Stage 2 services including Part A: Preliminary Phase, Design Phase, Bid Phase, Construction Phase, and Part B: Data Review and Implementation Plan Update services. A sequence of phased projects to rehabilitate, replace, and/or clean lines in the problem areas will be developed in Part B. Remediation work as a result of both parts of this amendment will be done to improve the capacity of lines within existing wastewater collection systems in the Laguna Madre Service Area by reducing/eliminating extra water from extraneous sources. EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION AMENDMENT NO. 2 1. SCOPE OF SERVICES Basic Services, Stage II - Part A - Sewer Rehabilitation Project 1. Preliminary Phase. The Engineer will: It is the intent of the Preliminary Phase to provide an engineering report, which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a minimum of three formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The Engineer will participate in discussions with the operating department and other agencies; b. submit one copy in an approved electronic format, and ten (10) paper copies of the engineering report, with executive summary, opinion of probable construction costs, and review with City staff to produce an acceptable format which contains common municipal elements. Engineering Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) 2) 3) 4) review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The Engineer will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements; review and investigate available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required; review results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities); provide parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, EXHIBIT"B" Page '1 of 7 5) 6) 7) preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY); identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities; confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates(s) and design alternatives; provide a letter stating that the Engineer and Sub-consultant Engineers have checked and reviewed the engineering report prior to submission; 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City, the Engineer will: a. implement the Engineering Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with Engineering Services staff; b. prepare one set of Construction Bid and Contract Documents in City format (using City Standards as applicable) including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis; c. provide assistance to identify the testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services); d. prepare final quantities and estimates of probable costs and probable construction schedule; e. furnish 1-copy 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: · Pipe Size; · Pipe Material, etc; H:~HOME~VELMAI~GEN~WASTEWAT~7098~MENDMENT NO. 2\CONTRACT SUMMARY EXHIBIT "B" Page 2 of 7 Why one material is selected over another; · Pluses of selections; · Permit requirements and why; · Easement requirements and why; · Embedment type and why; · Constructability, etc.; · Specific requirements of the City; · Standard specifications; · Non-standard specifications; · Any unique requirements; · Cost, alternatives, etc. and · Other items determined to be applicable or noteworthy. f. Assimilate all review comments, modifications, additions/deletions and proceed to the next phase, upon notice to proceed; g. furnish complete construction bid and contract documents including specifications for City staff review and approval. Provide one copy of 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants; h. provide Quality Assurance/Quality Control (QNQC) measures to ensure that submittal of the 60% and 100% complete plans and bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Engineer shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete pdor to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc; i. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi; j. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a registered engineer prior to re-use of modified plans; k. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; I. provide a Storm Water Pollution Prevention Plan; and m. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city construction projects. If it is determined this project is subject to Municipal Public Art Program, the architectJengineer will cooperate during the design process to fulfill the requirements of the ordinance. EXHIBIT "B" I Page 3 of 7 H:'tHOM E~VE LMAR~,GEN~WASTEWA~;~098~,MENDMENT NO, 2\CONTRACT SUMMARY 3. Bid Phase. The Engineer will: a. participate in the pro-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests; c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the controct; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the Engineer's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. 4. Construction Phase. The Engineer will perform contract administration to include the following: a. participate in pro-construction meeting; b. review for conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; and h. review construction "rod-line" drawings, prepare record drawings of the Project as constructed (from the "rod-line" drawings, inspection, and the controctor provided plans) and deliver to the Engineering Services a H:IHO M L~VELMAR~GEN~WASTEWA~7098~AM E N DM E NT NO. 2'~ONTRACT SUMMARy EXHIBIT "B" Page 4 of 7 reproducible set and electronic file (AutoCAD r. 14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Stage II - Part B - Data Review and Implementation Plan Update 5. Data Review and Implementation Plan Update a. Correlate the information from this project and the initial study and prepare recommendations and an implementation plan for line replacement/rehabilitation. b. Provide preliminary cost estimates based on recommendations. SECTION II. SCOPE OF SERVICES, PART C. ADDITIONAL SERVICES is amended to include the following: C. Additional Services This section defines the scope and compensation for additional services that may be included, as part of this contract, but the Engineer will not begin work on this section without specific written approval by the Director of Engineering Services. The Engineer will, with written authorization by the Director of Engineering Services, do the following: Stage II - Part A 1. Provide field investigations required for design and the preparation of the plans for the CIPP and CCTV portions of the project to establish locations of manholes and working conditions. 2. Provide topographic surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 3. Provide Construction Observation services including day-to-day detailed coordination three hours per week for 20 weeks with the City's staff and testing laboratory. 4. Provide a maintenance guaranty (warranty) inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace EXHIBIT "B" I Page 5 of 7 improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty pedod. Stage II - Part B Provide a review and analysis of findings of the CCTV videotapes for approximately 25,000 LF of line. Field locate and inspect 112 manholes. Sixty-five manholes aro within street ROW and 47 manholes are located on pdvate property. Document existing fences, trees, etc. on private property that may be removed for future manhole repairs. The 65 manholes within the street ROW are overlayed with asphalt pavement and will require a backhoe to remove the 3avement. 2. SCOPE OF SERVICES Goldston Engineering, Inc. will perform all engineering services necessary to review and prepare plans, specifications, and bid and contract documents; and provide contract administration services to complete the Project. Work will not begin on Additional Services until written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE PROJECT SCHEDULE - STAGE ONE: Stage One - Complete PROJECT SCHEDULE-STAGETWO DAY DATE ACTIVITY Wednesday 04/24/02 Begin Preliminary Phase Wednesday 06/19/02 Submit Preliminary Phase to City Wednesday 07/03/02 Begin Design Phase Wednesday 08/14/02 60% Submittal Wednesday 09/25/02 Final Submittal Monday (2) 10/28/02 Advertise for Bids Monday 11/11/02 Pro-Bid Conference Wednesday 12/11/02 Receive Bids Wednesday 01/15/03 Begin Construction Wednesday 06/04/03 Construction Completion EXHIBIT "B" I Page 6 of 7 H;~HO ME~VELMAR~GEI~WASTEWA~7098~AM E NDM ENT NO. 2~CONTRACT SUMMARY 4. FEES Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per the following table. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined above, and for all expenses incurred in performing these services. For services provided, Engineer will submit monthly statements for basic services rendered. The statement will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. The statement will be based upon the pement of completion of the construction contract. City will make prompt monthly payments in response to Engineer's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services, the City will pay the Engineer a not-to-exceed fee as per the allowance shown in the following table. Summary of Fees H:~,HOME"',VELMAFAGEN~WASTEWAT~7098~MENDMENT NO. 2~CONTRACT SUMMARY EXHIBIT "B" r Page 7 of 7 SUMMARY OF FEES LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION PROJECT NO. 7098 Task No. Original Amend. Amend. Total Description Contract No. 1 No. 2 Restated Fee A. Basic Services, Stage 1 1 Evaluation and Data Review Phase $20,724.00 $0.0£ $0.0( $20,724.00 2 I/I - SSO Phase 311,871.00 0.0£ 0.0t 311,871.00 3 I/I - Abatement Plan 64,992.00 0.0£ 0.0( 64,992.00 4 Closed Circuit TV 0.00 51,058.0C 0.0( 51,058.00 Total Basic Services, Stage 1 Fees 397,587.00 51,058.0(; 0.0( 448,645.00 B. Basic Services, Stage 2 1 Preliminary Phase 0.00 0.0C 45,000.0C 45,000.00 2 Design Phase 0.00 0.0(3 50,800.0C 50,800.00 3 Bid Phase 0.00 0.0(3 4,800.0{~ 4,800.00 4 Construction Phase 0.00 0.0(3 11,275.0(~ 11,275.0£ Staoe 2. Part B Data Review and Implementation Plan 5 Update 0.00 0.0(3 11,900.0(~ 11,900.00 Total Basic Services, Stage 2 Fees 0.00 0.0(3 123,775.0(3 123,775.00 C. Additional Services, Stage 2 1 Surveying 0.00 0.0(3 0.0(~ 0.0£ 2 Permitting 0.00 0.0(3 0.0(3 0.0C 3 Inspection 0.00 0.0(3 0.0(3 0.0C 4 Warranty 0.00 0.0(3 0.0(3 0.0C 5 Drought Contingency Plan 0.00 1,650.0(3 0.0(3 1,650.0(; 6 Point Repairs 0.00 10,000.0(3 0.0(3 10,000.0(~ 7 Additional Cleaning or CCTV Inspection 0.00 5,000.0(3 0.0(3 5,000.0(; 8 Toxic Solids of Semi-solids Removal and Disposal 0.00 10,000.0(3 0.0(3 10,000.0(~ Staae 2. Part A 1 Field Investigation for ClPP/CCTV 0.00 0.00 17,200.0(3 17,200.0(3 2 Topographic Survey 0.00 0.00 12,100.0(3 12,100.0(3 3 Construction Observation 0.00 0.00 6,900.0(3 6,900.0(3 4 Warranty Inspection 0.00 0.00 1,000.00 1,000.0(3 5 Video Tape Review 0.00 0.00 5,300.00 5,300.00 6 Field Locate and Inspect Manholes 0.00 0.00 83,300.00 83,300.00 Total Additional Services Fees 0.00 26,650.00 125,800.00 152,450.00 TOTAL AUTHORIZED FEE $397,587.001 $77,708.00~ $249,575.00 $724,870.00 \ Mproject \ councilexhibits \ exh 7 098.dwg San Pat~cio County NUECES BAY N CORPUS CHRISTI BAY Nueces County N,A.S. GRAPHIC SCALE LAGUNA MADRE SERVICE AREA PFIO~IECT # 7098 Laguna Madre Servlce Area Collection System Rehab. Project CITY OF CORPUS CHRISTI, TEXAS EXHZBZT "C" CZTY COUNCZL EXHZBZT DEPARTMENT OF' ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3/26/02 13 AGENDA MEMORANDUM DATE: April 16, 2002 SUBJECT: Buckingham Estates Lift Station (Project #7117) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of $299,040 for the Buckingham Estates Lift Station project. (Project # 7117) ISSUE: The Buckingham Estates Lift Station does not have adequate reserve pump capacity and must be upgraded to accommodate anticipated growth on the south side of the City. FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Wastewater Superintendent Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Buckingham Estates Lift Station (Project #7117) PRIOR COUNCIL ACTION: 1. February 22, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of $37,306 for engineering services associated with the Buckingham Estates Lift Station project. (M2000-050) 2. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary construction contract for the upgrade of the Buckingham Estates Lift Station. PROJECT BACKGROUND: The Buckingham Estates Lift Station is located at the intersection of South Staples and Yorktown Boulevard. Currently, it does not have adequate reserve pump capacity and must be upgraded to accommodate growth on the south side of the City. Prior to proceeding with the lift station's capacity upgrade, it was decided that alternatives should be analyzed. The analysis included determining the feasibility of relocating the lift station to a less visible site. The Buckingham Estates Lift Station presently pumps to Lift Station No. 5 located at South Staples and Saratoga Boulevard. Lift Station No. 5 pumps to the large capacity wastewater trunk main located at the intersection of Saratoga and Cimmaron Boulevards, Two primary rome main routes were analyzed and it was determined that Route 2 (shown in Exhibit C) was the preferred, cost efficient route. It will be necessary to acquire 17 utility easements to complete the construction of the force main at this location. The analysis concluded that it was more cost-effective to upgrade the current facility. The expense of acquiring right-of-way along South Staples and extending an 18-foot deep sanitary sewer line were prohibitive. Additionally, the study found large elements of the existing lift station could be utilized in the upgrade. PROJECT DESCRIPTION: This phase of the project will include design, bid, construction and additional phase services necessary to complete the upgrade of the Buckingham Estates lift station. Construction inspection services for the lift station are included in this contract. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 1 of 1 CONTRACT SUMMARY BUCKINGHAM ESTATES LIFT STATION AMENDMENT NO. 1 The project shall be the rehabilitation of the Buckingham Lift Station at its present location at South Staples Street and Yorktown Blvd. It will include construction of an 18" diameter PVC force main along an alignment shown as "Route 2" and all improvements being described in the Stage One Preliminary Engineering Report dated February 21, 2002 2. Design Phase. Upon approval of the preliminary phase, designated by receiving written authorization to proceed from the City, the Engineer will: a. participate in pre-design meeting(s) with representatives of the City operating departments(s) and the Engineering Services staff as needed and required to perfect the final design; b. implement the engineering report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with Engineering Services staff; c. prepare one set of Construction Bid and Contract Documents in City preferred format (using City Standards as applicable) - including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond raquiraments, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project.; d. provide assistance to identify the testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services); e. prepare final quantities and estimates of probable costs and probable construction schedule; f. furnish 10-copies 60% plans (plans only-identify needed specifications)to the City staff for review and approval purposes with estimates of probable construction costs. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: · Pipe Size; · Pipe Material, etc; · Why one material is selected over another; · Pluses of selections; · Permit requirements and why; · Easement requirements and why; · Embedment type and why; EXHIBIT "B" Page 1 of 8 · Constructability, etc.; · Specific requirements of the City; · Standard specifications; · Non-standard specifications; · Any unique requirements; · Cost, alternatives, etc. and · Other items determined to be applicable or noteworthy. g. assimilate all review comments, modifications, additions/deletions and proceed to the 90% phase, upon notice to proceed; h. furnish 10-copies 90% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs; i. assimilate all review comments, modifications, additions/deletions and proceed to the 100% phase, upon notice to proceed; j. furnish complete construction bid and contract documents including specifications for City staff review and approval. Provide one copy of 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants; k. provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60% and 100% complete plans and bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Engineer shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc; I. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi; m. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a registered engineer prior to re-use of modified plans; n. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; o. prepare a traffic control plan as required for the project; and p. provide a Storm Water Pollution Prevention Plan. EXHIBIT "B" Page 2 of 8 The City staff will: a. designate an individual to have responsibility and control for coordinating activities for the construction contract awarded; b. provide the budget for the Project specifying the funds available for the construction contract; and c. provide the City's standard specifications, standard and special provisions, forms, notices for contract and bid documents. 3. Bid Phase. The Engineer will: a. participate in the pre-bid conference; b. assist the City in solicitation of bids, identify prospective bidders, and review of bids by solicited interests; c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the Engineer's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a. arrange and pay for printing of all documents and addenda to be distributed to prospective bidders; b. advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the Engineer) any addenda, prepare and supply bid tabulation forms, and conduct bid opening; c. receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards; and d. prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The Engineer will perform contract administration to include the following: a. participate in pre-construction meeting; EXHIBIT "B" Page 3 of 8 b. review for conformance to contrect documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. previde interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and ara not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change ordere (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; and h. review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r. 14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. prepare applications/estimates for payments to contractor; and b. conduct the final acceptance inspection with the Engineer. B. Additional Services This section defines the scope and compensation for additional services that may be included as part of this contract, but the Engineer will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The Engineer will, with written authorization by the Director of Engineering Services, do the following: EXHIBIT "B" Page 4 of 8 Permitting. Furnish the Director of Engineering Services all engineering data and documentation necessary for all required permits. The Engineer will prepare this documentation for all required signatures. The Engineer will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including but limited to: a. TxDOT Permits/Amendments b. Texas Natural Resources Conservation Commission Permits/Amendments c, Texas Historical Commission (THC) d. United States Environmental Protection Agency (USEPA) (TNRCC) Right-of-Way (ROW) Acquisition Survey. The Engineer will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category l-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Environmental Assessments a. provide any environmental site evaluations and Archeology Reports that are needed for the Project, and b. identify and develop a scope of work for any testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction. Inspection Services. Provide continuous Project inspection services including day-to-day detailed coordination with the City's staff and testing laboratory. Start-up Services. Provide on-site services and verification for any and all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. EXHIBIT "B" Page 5 of 8 o Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note any defects requiring contractor action to maintain, repair, fix, restore, patch, or replace any improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method er action to best correct defective conditions. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Public Participation. Participate in a public participation meeting with City Staff. Prepare all necessary exhibits for presentation at the meeting. SECTION il. ORDER OF SERVICES is amended to include the following: I1. ORDER OF SERVICES PROJECT SCHEDULE - STAGE ONE: Stage One - Complete PROPOSED PROJECTSCHEDULESTAGETWO TIME April 23, 2002 September 1, 2002 December 15, 2002 February 1, 2003 March 17, 2003 ACTIVITY Begin Design Phase 60% Submittal '.Two weeks City Review) 90% Submittal ',Two weeks City Review) 100% Submittal Two weeks City Review) Final Submittal March 31, & April 7, 2003 Advertise for Bids April 28, 2003 Receive Bids June 16, 2003 Begin Construction May 16, 2004 Complete Construction EXHIBIT "B" Page6 of 8 SECTION III, FEES is amended to include the following: III. Summary of Fees Ao Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per Exhibit "B". The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section II.B.1-5 above, and for all expenses incurred in performing these services. For services provided in Section I.B. 1-5, Engineer will submit monthly statements for basic services rendered. In Section I1.B.1-3 and 5, the statement will be based upon Engineer's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section ll.B.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to Engineer's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section II.C. "Additional Services" the City will pay the Engineer a not-to-exceed fee as per Exhibit "B". For services provided in Section II. C. 1, 2, 4, 5, and 6, the Engineer will submit monthly statements for services rendered. For services provided in Section I1. C. 3, the statement will be based on the percent completion at the construction contract. City will make prompt monthly payments in response to the Engineer's monthly statements. C. Summary of Fees. See Fees as shown in the following table EXHIBIT "B" Page 7 of 8 LIFT STATION AT BUCKINGHAM (RFQ 99 - 01) Project No. 7117 Amendment No. 1 April 8, 2002 Fees for Basic Services Stage 1 Engineering Report Sub-Total Basic Services Fees for Basic Services Stage 2 Design Phase Bid Phase Construction Phase Sub-Total Basic Services Stage 2 BASIC SERVICES TOTAL Fees for Additional Services 1. Permitting 2. ROW Acquisition Survey 3. Topographic Survey 4. Environmental Assessment 5. Inspection Services (Lift Station) 6. Start-up Services 7. Warranty 8. Public Participation Additional Services Total TOTAL CONTRACT Original Amendment REVISED Contract No. 1 TOTAL $37,306 $0.00 I $37,306 $37,306 $0.00I $37,306 $0 $125,925 $125,925 0 5,590 5,590 0 36,505 36,505 $0 168,020 $168,02~ $37,306.00 $168,020.00 $205,326.0~ $0 $1,320 $1,32C 0 28,760 28,760 0 24,400 24,400 0 5,760 5,760 0 63,250 63,250 0 3,050 3,050 0 3,050 3,050 0 1,430 1,430 $0 131,020 $131,020 37,30615 299,04015 336,346 TOTAL AMENDMENT NO. 1:$299,040 EXHIBIT "B" I Page 8of8 home'~bloiorProiects'~councilexhibits~exh7117.dw~ N SEWE~ TRUNK BUCKzNGHAI~ L~FT STATZON CITY PROJECT # 7117 VICINITY MAP NOT TO SCALE EXHIBZT "C" BUCKINGHAM ESTATES LIFT STATION "PREFERRED ROUTE (2)" CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERWCES PAGE: I Of 1 DAW: 04/11/2002 14 AGENDA MEMORANDUM April 16, 2002 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an amendment to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060 short term parking pedestrian canopies and vehicle inspection stations for the Corpus Christi International Airport Roadway and Parking Lot Improvements project. FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. ~..__el I~. 'Escobar[ P.E. " ' Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Prior Council/Administrative Actions Contract Summary BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The amendment provides the necessary design services to: · Extend pedestrian canopies from the terminal into the short term parking lot; and · Provide vehicle inspection stations for the short-term parking lot and rental car return lot. The amendment will provide two (2) additional canopies, which will provide covered pedestrian walkways from the Terminal Building across the short term parking lot. Pedestrian lighting will be incorporated as part of the canopies. The amendment also allows for vehicle inspection stations permit the use of the short term parking and rental car return lot. These stations are necessary due to the heightened FAA secudty regulations. A substantial redesign of the parking lots would have otherwise been required with increased walking distances and a reduced number of parking spaces. The stations are designed to be compatible with the new Terminal design. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the amendment and recommended its approval. EXHIBIT A Page 1 of 1 H:\HOM E\KEVINS\GEN~AIR\N EWTERM~AE#12AWD.bkg.doc PRIOR COUNCIL ACTIONS Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CClA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CClA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airpod Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) Au,qust 221 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcan in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). I EXHIBIT B Page 1 of 4 H:\HO ME\KEVINS\GE N~AI R\N EWTE RM~AE#12AWDexh B.doc 15. 16. 17. 18. 19. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fuiton/Coastcon for additional pedestrian tunnel support. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. lEXHIBIT B Page 2 of 4 H:\HOME\KEVINS\GEN~I R\NEWTE RM\AE#12AWDexhB.doc 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 41 2001 - Award of Amendment No. 7 to M. Adhur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 211 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 1'7 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of tetephone and local area network (LAN). 20. August 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. ~ 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. EXHIBIT B I Page 3 of 4 H:\HOME\KEVINS\GEN~AIR\N EWTERM~AE#12AWDexh B,doc 27, October 31, 2001 - Award of Change Order No, 25 in the amount of $14,515,57 to Fuiton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. H:\HOME\KEVINS\GE N~AIR~N EWTERM~AE#12AWDexhB.doc EXHIBIT B Page 4 of 4 CONTRACT SUMMARY AMENDMENT No. 12 Section II, SCOPE OF SERVICES, Paragraph G. ADDITIONAL SERVICES, will be amended by the addition of item 19 - Shod Term Parking Pedestrian Canopies and Vehicle Inspection Stations (Short Term Parking and Rental Car Return) G. ADDITIONAL SERVICES- 19. Shod Term Parking Pedestrian Canopies and Vehicle Inspection Stations - The Consultant will produce construction documents for the CCIA Roadway and Parking Lot Improvements (Project No. 1019) Contract to include: · Pedestrian canopies at the shod term parking area; · One (1) vehicle security checkpoint at entrance to short term parking area; · One (1) vehicle security checkpoint at entrance to rental car parking area; · Lighting design for canopies and security check points; · Cause their electrical engineering subconsultant to design canopy lighting, security lighting, and electrical power for vehicle security checkpoints; and · Cause their structural engineer subconsultant to design the foundations, columns, and structure at the canopies and vehicle security checkpoint booths and access control equipment. The fee was revised by the addition of $46,060 for task 19. The total fee summary is: Original Contract Tasks Description Fee Basic Services I I.A. 1 Preliminary Phase 103,400 II.A.2 Schematic Design Phase 389,000 II.A.3 Design - Construction Document Phase 1,192,000 II.A.4 Bid Phase 30,000 Basic Service Subtotal 1,714,400 Construction Services ll.B.1 Construction Phase 293,600 ll.B.2 Record Drawings 5,200 Construction Service Subtotal 298,800 Post Construction Services II.C Post Construction Phase 5,000 Post Construction Services Subtotal 5,000 Fixed Fee Total 2,018,200 Travel & Courier Charges 206,800 TOTAL 2,225,000 Amendment No. 1 G.1 Access Control & Security System 72,095 TOTAL 2,297,095 Exhibtt C [ Page 1 of 3 /' ['[ ........... T .... Amendment No. 2 G.2 Apron Expansion 110,100 G.3 Multi-Zone HVAC 18,900 G.4 Wastewater Lift Station Re-location 51,700 Amendment No. 2 Subtotal 180,700 TOTAL 2,477,795 Amendment No. 3 B. 1.g Construction Phase 177,596 G.5 Wastewater LS Collection System Relocation 37,000 G.6 Parking Toll Plaza Structure 7,000 G.7 Temporary Baggage & Lease Vehicle Facility 21,000 G.8 Additional Cost Estimation 27,100 G.9 Communication and Security Services 16,400 G. 10 Construction Materials Engineering 134,844 Laboratory's Inspection & Materials Testing Amendment No. 3 Subtotal 420,940 Amendment No. 4 G.11 I Concrete Structural Slab & Double Wall Air 14,000 Handling Units Amendment No. 5 G.12 Apron Extension/Access Roads & Terminal 14,920 Apron Amendment No. 6 G. 13 Additional Escalators, Voice Paging, Plastic 14,900 Laminate, and Decorative Glass Mosaic Tile Amendment No. 7 G.14 I Overhead Security Grills, Sidestream Filter & 5,280 I Isolation Valves Amendment No. 8 G. 10 Construction Materials Engineering (132,344) Laboratory's Inspection & Materials Testing TOTAL 2,815,491 Amendment No. 9 G.15 Wastewater Lift Station Relocation Additional 15,750 Design G.16 Aluminum Composite Panels at Temporary 5,100 Baggage Claim Amendment No. 9 Total 20,850 Amendment No. 10 G. 17 Modification of Security Checkpoint Location 10,500 and Storage/Electrical Rooms Amendment No. 11 G.18 I Main Canopy Extension 9,700 Exhibit C Page 2 of 3 I Amendment No. 12 G.19 Shod Term Parking Pedestrian Canopies and 46,060 Vehicle Inspection Stations TOTAL 2,902,601 Exhibit C l Page 3 of 3 15 CITY COUNCIL AGENDA MEMORANDUM DATE: April 1,2002 AGENDA ITEM: Ordinance abandoning and vacating 1,000-square feet, of a 10-foot wide, utility easement out of Lot 11, Block 8, Lantana Industrial Area; requiring the owner, Turbonetics Engineering & Service, Inc., to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Turbonetics Engineering & Service, Inc. necessitates the closure of the utility easement in order to construct a new building adjacent to their existing building within the easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at their expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~,~.'Angel R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map h:/,../gen/ag0?Jesmt-clo/lanta na.m I r ' II AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: KOR Construction, on behalf of Turbonetics Engineering & Service is requesting the abandonment and vacation of a 1,000-square foot, 10-foot wide utility easement out of Lot 11, Block 8, Lantana Industrial Area. The easement to be abandoned and vacated is located in Zone I-2 within the city limits of Corpus Christi. Turbonetics Engineering & Service, Inc. is requesting the easement closure for the purpose of giving them the ability to construct a new building adjacent to their existing building within the near future. All public and franchised utilities were contacted. CPL has no objections to the closure but will seek reimburstment if adjustments to their facilities become necessary. There were no other objections regarding the proposed easement abandonment. Staff recommends payment of the fair market value of $350.00 for the abandonment and vacation of the total 1,000-square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A Mobile Pork HAMPSHIRE HALL LEOPARD HAiMPSHIRE HALL SITE 1845 N. LEXINGTON LOT 11 :> HOPKINS NOT TO SCALE AGNES NORTH 10' U.E. TO BE (1000 S.F.) 10' U.E. EASEMENT CLOSURE LOT11, BLOCK 8 LAHTANA IHDUSTRIAL AREA 02/14/02 ESTATE EXHIBIT C J GOVIND & ASSOCIATES, INC. CORPUS CHRISTI, TX. · CONSULTING ENGINEERS · (561)28g-1585, AN ORDINANCE ABANDONING AND VACATING A 1,000 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 11, BLOCK 8, LANTANA INDUST~AL AREA; REQUIRING THE OWNER, TURBONETICS ENGINEE~JNG AND SERVICE, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1,000 square foot portion of a 10 foot wide utility easement out of Lot 11, Block 8, Lantana Industrial Area, as recorded in Volume 27, Page 14, Map Records Nueces County, Texas, that the owner, Turbonetics Engineering and Service, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CH~STI, TEXAS, THAT: SECTION 1. That the 1,000 square foot portion of a 10 foot wide utility easement out of Lot 11, Block 8, Lantana Industrial Area, as recorded in Volume 27, Pages 14, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of fair market value by Owner be made in the amount of $350.00 for the vacating and abandonment of this portion of the 10 foot wide utility easement. The Owner must replat the portions of Lantana Industrial Area being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 16th day of April, 2002. \\CITYHALL02\USERS\LEG-DIR\JOSEPH~WORD\ORD-Lantana.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved /~;/ /[ James R. Bray, Jr. City Attorney ,2002 Joseph H~ey---' Assistant City Attorney \\CITYHALL02\USERS\LEG-DIR\JOSEPH~WORD\ORD-Lantana.doc ~ CITY COUNCIL AGENDA MEMORANDUM Date: March 26, 2002 AGENDA ITEM: Motion approving the purchase of 77 laptop computers from Dell Computer Corporation in accordance with the State of Texas Cooperative Purchasing program for the total amount of $199,926.65. The equipment is for the Police Department funded through the COPS MORE grant. ISSUE: Purchase ofthe equipment is necessary to move forward with implementation ofthe COPS MORE grant to provide additional technology to personnel. BACKGROUND INFORMATION: The Police Department was awarded a COPS MORE grant in October 2001 to fund the purchase of mobile computing units, personal computers, crime analysis software and video imaging software. These laptops will be issued to officers in the Criminal Investigation, Special Services, and Organized Crime Divisions for use in the field as well as at their desks. A committee of officers representing these divisions reviewed several brands of laptops and chose the Dell laptop computer Latitude C810. The purchase includes a three year warranty. The purchase is sole source through the State of Texas Cooperative Purchasing program. FUNDING: Funds are available from the COPS MORE grant. REQUIRED COUNCIL ACTION: Approval of purchase. RECOMMENDATION: Staff recommends approval of purchase. MAR. iS.E002 4:25PM DELL CO~PUTER M0.974 P.1/6 State & Local Govt Sales FAX No. 1-800-433-9527 PHONE No. 1-800-981-3355 DeiJ WeD Site addrp, ss:' l~t~: //wwn. w.delt, com/S, Jfl Dell Representative: ~ ext.~ Pages: /'/) (induciing cover sheet) To: - ~n~:~,'+ 55~.~*- Phone Number: YOUR DIP, ECT RELATIONSHIP WTTH DELL COMES Vvl'T'H MORE THAN,3UST A Ptq. Direct Re/at/on~h/p wlE~ your PC PlanuPa~u~r Bail has I:ecome one of the largest PC manufacturar~ In the courltty W having a direct relationship with our customers. We know cur product Ifke no one else cari ~acausa we design, cle~ek:l~, nlanufacture, market, service aha support it right ~e~a in Austin, T~xns. We offer a t:rCacl pr~duC~ line of Pent~um-~sed parsun~l computers, nateb~:l~ and seiners as well as prhlter% peripherals and software. As part of our d~re~ ralatlogship with our customers, ~ur proCucts ara cus'cam-¢orlflGured according ~ your requirement3. ! F r II'' PlM~. l~d. ~00~ ~: ~Pr'I DEL~ CO~'~PUTER ?~ ~:~,~ CWO. 9?4 P. 2×6 Pa~ t ol DeLLC COM Dlt8:8PIS/Q,2 3~4(h,84 PM ~OrAL QU ,OTE AMCUJNT: QUOTA TION QUOTE #: 78484004 Customer #: 14338740 Quote Date: 3/1BK)2 Customer Nsme: CORPUS CHRIgTI POLICE DEPT Ground ..,--. 96~JB,1 OlMN, BDRAM fnr Deft L,~ C~1W~61W~40~CI~0 NotMmok~,F,,et~y hl~t~l (~t- Ny, on Oinylng Oa~ far I~11 ~ I~I~/C.aQ~ ~IO/~IO/P.a~O Produnt Quantity Unit grP://eu~mdor~f~xap03/qr/quo~ion, a~?qa=78494004&l~T~O/~,010879&LT=4$~LQ=N 3/18/02 Number af 8 & A Itern~: 2 TOTAL QUOTE AMOUNT; Tmc: S&A Total Amount. $188.98 . flen you arm ~qiCly lo pl~oe ur Ol'CIg. You and t~ m~ a~ ~lld In t~ U,S, only and are 8~J~ '-~'-e --"~ -"'~ rj_n_~_.n~m_; aery; _c~e..~.e..~ mrna.very 8ervlmm group far EPA oO lent -tm,.., ~,=_m-a..qaN~,eeeVery~l~ell,gaen, Minimum quantltbe may apply, mid po~al lttP ,'//ausadomafaxap03/qr/q~otagon.asp?qn---T8494004&P,.N_-~,420101179&L 3/18/02 CITY COUNCIL AGENDA MEMORANDUM Date: March 26, 2002 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $140,688 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $140,688 in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (HIDTA). BACKGROUND INFORMATION: The Corpus Christi Police Department is in the sixth year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program analyst, one administrative assistant, overtime for 4 Corpus Christi Police Officers, radio airtime/maintenance, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. FUNDING: There is no match required by the City. P(~varez, Jr ADDITIONAL SUPPORT MATERIAL Award Letter x EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 February 8, 2002 Chief Pete Alvarez, Jr. Corpus Christi Police Dept. 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Alvarez, Jr.: We are pleased to inform you that an Award, Grant Number #I2PHNP517, has been approved in the amount of $140,688.00. This award to the Corpus CNisti Police Dept. will support Texas Coastal Corridor Initiative initiative(s) at the Houston High Intensity Drug Trafficking Area (HIDTA). The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and return a copy to The National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative Agreement Award and Special Conditions for your file. By accepting this award, you assume certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should your organization not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Phuong DeSear at 202-395-6739. Kurt F. Schmid National HIDTA Director Enclosures 'l F [ 'I' ' Executive Office of the President Office of National Drug Control Policy 1. Recipient Name and Address Corpus Christi Police Dept. 321 John Sartain Street Corpus Christi, TX 78403 AWARD Cooperative Agreement 3. Project Title Texas Coastal Conidor Initiative initiative Pagelof6 4. Award Number: 12PHNP517 5.Project Period: 1/1/2002 to 12/31/2002 Budget Period: 1/1/2002 to 12/31/2002 IA. Recipient IRS/Vendor No. 6. Date: 2/8/2002 7. Action 2. Subrecipient Name and Address 8. Supplement Number ~] Initial FI Supplemental 2A. Subrecipient IRS/Vendor No. 9. Previous Award Amount 10. Amount of This Award $140,688.00 12. Special Conditions (Check, if applicable) 11. Total Award $140,688.00 [~-] The Cooperative Agreement approved subject to such conditions or limitations as are set is forth on the attached ~5 page(s). 1. Statutory Authority for Grant: Public Law 107-67 AGENCY APPROVAL 14. Typed Name and Title of Approving ONDCP 16. Sig Official Kurt F. Schmid RECIPIENT ACCEPTANCE 15. Typed Name and Title of Authorized Recipient Official Office of National Drag Control Policy :ure pproving O P O ~cial 18. Accounting Classification Code 17. Signature of Authorized Recipient ] Date 19. HIDTA AWARD ORDINANCE APPROPRIATING $140,688 1N THE NO. 1050 FEDERAL/STATE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST1, TEXAS: SECTION 1. That $140,688 is appropriated in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2)suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ I James R. Bray, J~. City Attorney ,2002 Samuel L. Neal, Jr. Mayor By: Lisa Aguilar~'~3 Assistant City Attorney H:LLEG-DIR\LISA\ORD3\ORD3.485 · ! ~ . ~. CITY COUNCIL AGENDA MEMORANDUM Date: April 2, 2002 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee, to execute an interlocal agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months and not to exceed $125,176, to improve the efficiency and productivity of governmental resources; and declaring an emergency. B. Ordinance appropriating $15,166 from the Housing Authority of the City of Corpus Christi (Authority) for supplemental police patrol at the Authority in the No. 1020 General Fund- Police Department; amending ordinance number 024528 which adopted the FY 01/02 budget to increase both revenue and appropriations by $15,166 to the No. 1020 General Fund-Police Department; and declaring an emergency. ISSUE: The Housing Authority of Corpus Christi has funding available for supplemental patrols to create a drug and crime free environment and to provide for the safety and protection of the residents in its public housing developments. BACKGROUND: The overtime Housing Authority Patrol (HAP) began in 1990 when the Housing Authority approached the City for law enforcement support in their developments funded through a HUD Drug Elimination Program grant. The Police Department agrees to provide sixteen (16) Police officers weekly, on an overtime basis, to perform specialized patrols to enforce all state and local laws as well as Housing Authority Rules as specified in the contract. Each officer participating will complete a 4-hour shift, at a time and on a day of the week that is mutually agreeable between the Police Department and the Housing Authority. Both parties will jointly prepare a detailed plan of operation to reduce drug related and gang related crime. Officers are responsible for providing the Housing Authority with information regarding their daily contacts, referrals, suspicious persons, and other criminal activity they may have encountered during their tour of duty. The contract is for 12 months with services beginning as soon as Council approves the contract. FUNDING: The Police Department operating budget was increased by $110,010 for the previous contract; therefore only an additional $15,166 needs to be appropriated into the Police General Fund to reimburse overtime expenditures. REQUIRED COUNCIL ACTION: Acceptance of the contract. RECOMMENDATION: Staffrecommends acceptance of the contract. Chief of Police ADDITIONAL SUPPORT MATERIAl. Contract is available in City Secretary Office for review RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI (AUTHORITY) FOR THE CORPUS CHRISTI POLICE DEPARTMENT TO PROVIDE SUPPLEMENTAL POLICE SERVICES TO THE AUTHORITY ON A VOLUNTARY OVERTIME BASIS, FOR A PERIOD OF TWELVE MONTHS, AND NOT TO EXCEED $125,176. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Interlocal Agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months, and not to exceed $125,176. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney ,2002; By: Lisa Aguilar ~ Assistant City Attomey AN ORDINANCE APPROPRIATING $15,166 FROM THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI (AUTHORITY) FOR SUPPLEMENTAL POLICE PATROL AT THE AUTHORITY IN THE NO. 1020 GENERAL FUND-POLICE DEPARTMENT, AMENDING ORDINANCE NUMBER 024528 WHICH ADOPTED THE FY 2001-2002 BUDGET BY INCREASING BOTH REVENUES AND APPROPRIATIONS BY $15,166 IN THE NO. 1020 FUND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $15,166 from the Housing Authority of the City of Corpus Christi (Authority) is appropriated in the No. 1020 General Fund-Police Department to provide supplemental police patrol at the Authority. SECTION 2. That Ordinance No. 024528, which adopted the FY 2001-2002 budget is amended by increasing both revenues and appropriations by $15,166 in the No. 1020 General Fand- Police Department. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY By: ~ ~ Lisa Aguilar Assistant City Attorney 2002; H:X&EG-DIR~LISA\ORD3 \ORD3.4 8 8 I ~' I Ir ' CITY COUNCIL AGENDA MEMORANDUM April8,2002 AGENDA ITEM: Resolution authorizing the City Manager or his designee, to execute an agreement with Texas A & M University Corpus Christi in the amount of $36,320 for professional services to expand the Police Departments current technology through enhanced geographical information systems/mapping of motor vehicle thefts. ISSUE: The Police Department has grant funds available to enhance our current geographical information system databases to focus on motor vehicle thefts. BACKGROUND: Texas A&M at Corpus Christi will develop an enhanced geographical information system database to focus on the problem of motor vehicle theft. A graduate student in the GIS program will provide the GIS and AVL overlays that will allow the use of computerized maps to show location of hot spots for motor vehicle thefts as well as the location of recovery. The GIS technician and Crime Analyst at the Police Department will prepare reports on a daily basis for the street officers to utilize; this will enhance our efforts to curtail motor vehicle thefts in the City. The agreement will terminate on August 31, 2002. REQUIRED COUNCIL ACTION: Approval of the agreement. FUNDING: Funds are available from the Auto Theft Task Force Grant, 1050-822300. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the agreement. Attachments Contract with Texas A&M AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY CORPUS CHRISTI Whereas, the City of Corpus Christi has established a proactive Auto Theft Unit to focus on the detection and apprehension of suspects; Whereas, the City desires to use the services of the Texas A&M University Corpus Christi GIS department to expand the City's current technology through enhanced geographical information systems/mapping of both the location of the stolen vehicles and recovery location; Now, therefore, in consideration of the mutual covenants and undertakings, the City of Corpus Christi, Texas and Texas A&M University-Corpus Christi agree as follows: Description and Scope of Work Texas A&M University Corpus Christi ("University") will develop an enhanced geographical information system database to focus on the problem of motor vehicle theft in Corpus Christi. The database will be provided to City by August 31, 2002. Deliverables A graduate student in the University GIS program will create the GIS and AVL overlays that will allow the use of computerized maps to show location of hot spots for auto thefts as well as the location of recovery. The mapping will also allow police officers to follow the bait vehicle with the existing City AVL system. Texas A&M University Staff The University will provide a graduate student (Student) to perform the services required herein and an administrator, (Administrator), Dr. Jeffries, who will oversee this project. 4. Nondisclosure Agreement. During this Agreement, the University will have access to confidential information of the Corpus Christi Police Department. This information may include information contained in the CCPD Computer Aided Dispatching System and Records Management System ("Confidential Information"). The University will use the CCPD Confidential Information only for the purposes of this Agreement. Any requests to the University for disclosure of the Confidential information will immediately be mailed to CCPD Captain Leonard Scott. The University shall maintain the confidentiality of the CCPD Confidential Information and take reasonable precautions to prevent the unauthorized disclosure or use of the CCPD Confidential Information. The University is permitted to disclose the CCPD Confidential Information only to the Student and Administrator who are working on the Auto Theft GIS Project, provided that the University confirms that the Student and Administrator have executed the attached Nondisclosure Agreement And Nofication of Criminal Penalties for Unauthorized Disclosure of Governmental Record (Exhibit 1). Broach of this Section 4.0 by the University or breach of the Nondisclosure Agreements by the Student or Administrator are grounds for City to terminate this Agreement immediately, without written notice to University. Should City terminate this Agreement for such breach, University will, within 30 days of termination, refund all funds paid by City to University under this Agreement. Cost Texas A&M University-Kingsville will perform services identified herein and as stated in their Proposal for cost of $36,320, fixed price. The breakdown of cost is identified in the attached proposal, labeled Exhibit 2. Termination This Agreement will terminate on August 31,2002. This Agreement may be terminated by either party upon thirty (30) days written notice. This Agreement may also be terminated pursuant to Section 4 above. Upon termination, University will return all hardware, software, data, provided by City to University for the Auto Theft GIS project. Notice For purposes of written notification, all written notices shall be as follows: City of Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78403 Attn: Captain Leonard Scott Texas A&M University-Corpus Christi Attn: Dr. Jeffries 6300 Ocean Drive Corpus Christi, Texas 78412 Appropriation of Funds. The City and Texas A&M University-Kingsville acknowledge that payments each will make in accordance with the terms of this agreement shall be made from current revenues available to the City and Texas A&M University-Kingsville respectively, and any future payments shall be subject to appropriations. General Provisions A. The parties hereto shall comply with all applicable federal, state and local laws. B. This Agreement may be modified or amended provided that such modification or amendment is in writing and signed by an authorized representative of the City and Texas A&M University-Corpus Christi. C. If for any reason any section, word, phrase or provision of this Agreement is held to be invalid or unconstitutional by a court of competent jurisdiction, it shall not affect any other word, phrase or provision of this Agreement. Execution of Agreement Execution of this Agreement shall not result in a binding agreement until it is signed by a duly authorized representative of Texas A&M University-Corpus Christi and a duly authorized representative of the City of Corpus Christi. AGREED TO BY: THE CITY OF CORPUS CHRISTI By: Name: George K. Noe Title: Deputy City Manager Date: Name; TEXAS A&M UNIVERSITY CORPUS CHRISTI By: ~ ~ ~'~-O~2. Title:Dean of Gr~ldt Studies/^~rP Research Date: 3/26/02 ATTEST Armando Chapa, City Secretary Approved this day of James R. Bray, Jr., City Attorney By: Lisa Aguilar, Asst. City Attorney EXHIBIT 1 Nondisclosure Agreement and Notification of Criminal Penalties for Unauthorized Disclosure of Governmental Record Name of University Student/Personnel: Title: [Name of University Student/Personnel] acknowledges that, as a condition of working on the City of Corpus Christi Auto Theft GI S Project, [name] will necessarily receive access to confidential Corpus Christi Police Department information, "CCPD Information". The CCPD Information may include records from the CCPD Computer Aided Dispatching System and Records Management System. [Name] agrees that all CCPD Information provided for this Auto Theft GIS Project will be used only to create the GIS and AVL overlays that will allow the use of computerized maps to show location of hot spots for auto thefts as well as the location of recovery. Any other use or any distribution of the CCPD Information is specifically prohibited and unauthorized. [Name] agrees that he or she will not use any CCPD Information for his or her own benefit, that he or she will not disclose any of the information to third parties, including any other students or University personnel who do not have a need to know the information, and he or she will take care to guard the security of the information at all times. [Name] acknowledges that the CCPD Information meets the definition of Government Record set forth in 37.01 of the Texas Penal Code, as amended. [Name] acknowledges that there are criminal penalties for unauthorized use or unauthorized disclosure of government records. Such penalties are set forth in Texas Penal Code Section 39.02 and Government Code Section 411.085, as amended. Additionally, [Name] acknowledges that the unauthorized use or disclosure of the CCPD information may subject the University and him/her to civil liability. [Name] agrees that if he/she has any questions regarding distribution or use of CCPD Information, he/she will immediately contact CCPD Captain Leonard Scott for direction. Signature: Printed Name: Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the Notary Public 4 Day of ,2002, by RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH TEXAS A&M UNIVERSITY-CORPUS CHRISTI IN THE AMOUNT OF $36,320 FOR PROFESSIONAL SERVICES TO EXPAND THE POLICE DEPARTMENT'S CURRENT TECHNOLOGY THROUGH ENHANCED GEOGRAPHICAL INFORMATION SYSTEMfMAPPING OF MOTOR VEHICLE THEFTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an agreement with Texas A&M University-Corpus Christi in the amount of $36,320 for professional services to expand the Police Department's current technology through enhanced geographical information systems/mapping of motor vehicle thefts. A copy of the agreement is on file in the office of the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved this the l 0 day of ~ James R. Bray, Jr. City Attorney By: L~a A, A~ilar,~ Assistant City Attorney Samuel L. Neal, Jr. Mayor The City of Corpus Christi to ,2002. LOA~res.054 20 '! ~ -~RDLMANCE ~-TATU S AGENDAITEM: Ordinance amending the Code of Ordinances Chapter 53-Traffic, Section 53-250, Schedule I, One-Way Streets and Alleys, Section (A), by establishing a one-way traffic pattern on Riverwood Drive in the Northbound Direction of Travel from F.M. Highway 624 (Northwest Boulevard) to River Hill Ddve, at all times; providing for penalties; providing for severance; and providing for publication. FIRST READING: March 26, 2002 Passed: 9-0 (Unanimous vote) FINAL READING: April 16, 2002 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM SUBJECT: One-Way Traffic Pattern on Riverwood Drive DATE: March 15, 2002 AGENDA ITEM: Ordinance amending Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII Schedules, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a), by establishing a one-way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest Boulevard) to River Hill Drive, at all times. ISSUE: An increasing number of traffic accidents are occurring at the F.M. 624 (Northwest Boulevard) intersection with Riverwood Drive. Errant traffic movements by motorists turning from Riverwood Drive onto F.M. 624 is the overwhelming type of re- curing collision. A solution to this type accident is converting Riverwood Drive to a on- way traffic pattern in the northbound direction from F.M. 624 to River Hill Drive. REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ADDITIONAL SUPPORT MATERIAL: 1. Background Information 2. Exhibit I - Site Map AgMemRiver~vood 1-Wy.302 'Angel R. Escobar, P.E. Director of Engineering Services One-Way Traffic Pattern on Riverwood Drive Page I of 3) AGENDA MEMORANDUM Additional Background Information BACKGROUND: Beginning in 1999, the intemection of Riverwood Drive @ F.M. 624 began to experience an increasing number of 'right-angle' collision accidents. Virtually all of the accident experience has been caused by motorists making left turns from Riverwood Drive eastbound onto F.M. 624. Most of the motorists charged with the accident were caused by the motorists either blatantly running the STOP sign on Riverwood or misjudging the speed of approaching traffic on F.M 624. The speed limit on F.M. 624 is 50 MPH at this location. The accident experience at this intersection is uniquely high compared to other intersections on F.M. 624. Staff's analysis of the traffic conditions has included site inspection, discussion with the Texas Department of Transportation, and consultation with the City's Police Department. The consensus is that the traffic accident experience at the Riverwood/F.M. 624 intersection can be substantially reduced by making Riverwood a one-way street to accommodate only motorists turning onto Riverwood from F.M. 624. Remedy of the traffic accident experience by installation of traffic signal control is not considered a cost-effective solution: The exiting traffic volume on Riverwood Drive is only 900 vehicles per day, a volume that is comparable to that existing on many residential streets. r~ The same type of collision would potentially still occur with Riverwood Drive remaining two-way, with signal control. [] Alternatively, the City's Master Plan for Traffic Signal Improvements provides for signal control at the nearby River Hill Drive intersection at F.M. 624, which is a higher capacity and higher functional street compared to Riverwood Drive. Impact on AbuttinR Development. sparse: r~ [] Developed property abutting Riverwood Drive is The property along the full east side of Riverwood is completely undeveloped One (1) residential property and one (1) and driveway access to the New Life Baptist Church are the only developed properties on the west side of Riverwood. A survey of abutting properties has not revealed any opposition to the proposed one- way pattern on Riverwood. Impact on Neighborhood Streets. The probable traffic impact of the proposed one- way traffic pattern on neighboring streets considers the volume of traffic presently traveling in the opposing direction of the proposed one-way pattern. The directional traffic demand on Riverwood Drive is 1,400 vehicles in the direction of the proposed one-way and 900 vehicles per day in the direction opposing the proposed one-way. One-Way Traffic Pattern on Riverwood Drive Page 2 of 3) The 900 vehicles per day that would be re-directed orginates from River Hill Drive onto Riverwood Drive. Riverwood Drive provides a convenient short-cut from River Hill Drive to F.M. 624 and is not an essential route. Subsequently, the 900 vehicles per day that would continue to use River Hill Drive to F.M 624 would very easily be accommodated by the traffic capacity of River Hill Drive (which presently has a demand of 700 vehicles per day at F.M 624). River Hill Drive is a fully-improved residential collector roadway which has an exiting traffic volume capacity of 3,000 vehicles per day. One possible, but unlikely, problem with implementation of the one-way proposal on Riverwood Drive is the possibility of stacking traffic on the River Hill Drive exit to FM. 624. This could result in some circuitous redirection of traffic onto Reagan Drive, Powell Drive and Pinnacle Drive. This would have to be monitored but could be eliminated by an 'access restriction' to Reagan Drive effected through the City's Residential Traffic Management Program. Review by Transportation Advisory Committee. The Transportation Advisory Committee has reviewed the Staff recommendation and unanimously voted to recommend approval to the City Council. Review by Texas Department of Transportation. The Director of Transportation Operations with the Texas Department of Transportation concurs with the Staff's recommendation. Review by Nei.qhborhood Association. The Wood River Home Owners Association has endorsed the proposed one-way proposal. One-Way Traffic Pattern on RivenNood Drive Page 3 Of 3) EXHIBIT 111" SITE: MAP SUBJECT: PROPOSED ONE-WAY TRAFFIC PATTERN Traffic Engineering Div. ON RIVERWOOD DRIVE Engineering Services Dept. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-250, SCHEDULE I, ONE WAY STREETS AND ALLEYS, SECTION (A), BY ESTABLISHING A ONE-WAY TRAFFIC PATTERN ON RIVERWOOD DRIVE IN THE NORTHBOUND DIRECTION OF TRAVEL FROM F.M. HIGHWAY 624 (NORTHWEST BOULEVARD) TO RIVER HILL DRIVE, AT ALL TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53-250, Schedule I, One way streets and alleys, Section (a), by establishing a one way traffic pattem on Riverwood Drive in the northbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-250. Schedule I - One-way streets and alleys. Street or Direction Portion of Street of Traffic Riverwood Drive, F.M. 624 (Northwest Boulevard) to River Hill Drive ........................................... North 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 competem jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. ORD-Trf-RvrwdDr.doc 2 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. ORD-Trf-RvrwdDr.doc That the for~goin, g ordinall~ ~vgs read for t,he first time and passed to its second reading on this the ~ ~aay of !/~/I. tg.A~J.q ,2002, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly 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 ,2002, by the following vote: Samuel L. Neal, Jr. Brem Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the day of ,2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form this the Lo day of & James R. Bray, Jr., City Attorney ,2002; By: ~ [ Attorney Joseph H~ey, Assay ORD-Trf-RvrwdDr.doc 21 ~ ,' [I[~ CITY COUNCIL AGENDA MEMORANDUM March 21, 2002 AGENDAITEM: ITEM A: Motion to amend the Annexation Calendar by changing the 2nd Reading date for the Annexation Ordinance and the date of the City Council public hearing and approval of zoning from April 9, 2002 to April 16, 2002. The effective date of annexation is changed from April 10, 2002 to April 17, 2002. ITEM B: Approval of an ordinance on First Reading annexing five tracts of land containing 519.32 acres and referred to as: Tract 1: 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 United States Geological Survey (U.S.G.S.) and Geodetic Survey (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. Tract 2: Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comprising approximately 194.92 acres and 8,324 feet of gulf beach frontage. Tract 3: Packery Channel Park Area: Public and privately owned lands comprising approximately 50.01 acres and including Nueces County Park#2 (Packery Channel Park). Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage surrounded by the existing City Limits and out of the William Bryan Survey 806, 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. Tract 5: Beach Front Property North of Zahn Road: Privately owned (Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 City Council Agenda Memorandum Annexation 1 ST Reading March 21, 2002 Page 2 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. BACKGROUND ANDISSUES: ITEM A: A motion to amend the annexation calendar is necessary since the City Council decided to cancel the April 9, 2002 City Council meeting. The 2na Reading of the Annexation Ordinance will occur on April 16, 2002. If City Council approves the Annexation Ordinance, the effective date for the annexation(s) will be April 17, 2002. ITEM B: Background: Annexation is essential for the City to achieve orderly growth. Currently, no land use controls (zoning) and most city land use policies cannot be applied to outside city limits properties. Annexation is used to extend the City's zoning regulations consistent with the Comprehensive Plan; adopted City growth policies; and Article 31, newly annexed territory of the Zoning Ordinance. Zoning is a tool to create compatible land use patterns in the community. Annexation also allows the City to ensure that when growth occurs all new structures are constructed in accordance with building, plumbing, electrical, and other City codes designed to protect the public health, safety and welfare. In addition, annexation should occur so that impacted areas may benefit from the expansion of public health programs, police and fire protection, and by linking new development to publicly approved water supplies, wastewater, and storm drainage systems. Issues: 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 agrees with Mr. Jones acknowledgement in his letter, "... that the level of beach cleaning and maintenance...will remain at a minimal level until the development of our adjacent 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, the proposed annexation includes additional Gulf Beach property extending to a point 500 feet south of the Jones property line and owned by the Texas General Land Office. Total beach frontage of these three properties is 1.82 miles. City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 3 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 and operations relative to the park will continue to be the responsibility of the County after annexation. Packery Channel Park Area: Nueces County Appraisal District records indicate that the Packery Channel Park area includes two parcels of publicly and privately owned property comprising 50.01 acres. One parcel is 20.01 acres in size, is wholly owned by Nueces County, and known as Packery Channel Park or Nueces County Park #2. The other parcel contains 30.00 acres and three owners jointly hold an undivided interest in the property as follows: · Nueces County 64% undivided interest · Crown Petroleum Company c/o Michael undivided interest · Francis I. Gandy, Jr. 18% undivided interest James Kruger 18% All maintenance and operations relative to the park will continue to be the responsibility of the County after annexation. Nueces County Land South of Mustang Island State Park: This property is owned by Nueces County except for a 2-acre strip of land on the northern edge of the tract that was recently deeded or in the process of being deeded to Mustang Island State Park. The purpose of this annexation is to annex all outside city limits properties and eliminate 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. Beach Frontage North of Zahn Road: This privately owned (Eric C. Lower) property is a 0.38 mile strip of gulf beach immediately north of Zahn Road and J.P. Luby Surf Park. Annexation of this privately owned (Eric C. Lower) 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. City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 4 Revenue and Costs: Staff does not anticipate any significant property tax revenue from these five tracts, as they are either publicly owned parks or undevelopable gulf beaches. Costs for these areas will come from: Police Protection The Police Department has estimated that the City should budget an additional $10,000 dollars per year in over time costs for services during major beach events such as Beach to Bay, Sea Sculpture, and Spring Break. Park and Recreation Park and Recreation has indicated that they will absorb the costs for 2.20 miles of beach cleaning on the Jones, Walters, and Lower tracts. Street Department The Street Department and Traffic Engineering Division have indicated that signage costs will be minimal for the annexation areas and will be absorbed by the Departments. Total annual costs for annexation are estimated to be $10,000. PREVIOUS COUNCIL ACTION: February 26, 2002 - 2nd Required City Council Annexation Public Hearing February 19, 2002 - 1st Required City Council Annexation Public Hearing January 15, 2002 - City Council Motion authorizing staff to prepare annexation service plans and approval of an annexation calendar December 11, 2001 - 2nd Reading of an Annexation Ordinance for the 2001 Annexation City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 5 REQUIRED COUNCIL ACTION: Item A: Motion to approval as presented. Item B: Approval of an Annexation Ordinance on First Reading annexing five tracts of land containing 519.32 acres. STAFF RECOMMENDATION: Approval. Director of Planning Attachments Attachment I: Attachment II. Attachment III. Attachment IV. Attachment V. Property Owner Request for Annexation Annexation Maps Annexation Profiles Annexation Calendar Service Plan City Council Agenda Memorandum Annexation 1s~ Reading March 21,2002 Page 6 Attachment I. Property Owner Request for Annexation VISTA DEL. MAR ~RRIGATION COMPANY ~ovamber29,2001 1201 Leopta'd gtl~t C~lma O=tstl, T~ 75401 D~r Sirs:. As th~ own~ of tim 1,~0,57 ~ m~t ef laud 1o~'~,~-~ south tha~ the ~ of beach e..Im~,,g and mH,~aam:e, ~, will nmmin ~t a vn{,a,~,v level umtl the d~velopment of oar ~ljaoe~ p,,,~ty lv~ccs plv~m. We believe th~ the ~ of ~!s ship of ~ will ~ save the pulffio lntm~ ~ pmvkle ~o~ the m'dm'ly devologm~ of this az~ ~md as ~'~xmea ~d on behalf of Vista Del Ms~r Irdgaliml Company City Council Agenda Memorandum Annexation lS* Reading March 21, 2002 Page 7 Attachment II. Annexation Maps GULF OF MEXICO Jones, Walter, and GLO Beach Frontage Padre Balli Park 5 Packery Channel Park Area Nueces County Land South of Mustang Island State Park and Beach Frontage North of Zahn Road (Eric C. Lower) City Council Agenda Memorandum Annexation 1st Reading March 21, 2002 Page 8 Attachment II1: Annexation Area Profiles Nueces County Land South of Mustang Island State Beach Frontage North of Total 519.32 22,163 0 City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 9 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). March 13, 2002 Planning Commission conducts a public hearing to consider zoning of proposed annexation areas. March 26, 2002 City Council- st · I Read ng of the annexabon ordinance (regu ar meeting). April 16, 2002 City Council - 2nd Reading of the annexation ordinance and final action on proposed zoning (regular meeting). April 17, 2002 Effective date of annexation. Page 1 of 17 AN ORDINANCE ANNEXING PADRE AND MUSTANG ISLAND TRACTS: ANNEXING 9,618 FEET OF PADRE ISLAND Gulf BEACH FRONTAGE TRACTS OWNED BY JONES, WALTER & GLO (44.16 ACRES) AND PADRE BALLI PARK (NUECES COUNTY PARK NO. 1) (t94.92 ACRES AND 6,324 FEET OF GULF BEACH FRONTAGE ON PADRE ISLAND), IN THE VICINITY OF THE NUECES-KLEBERG COUNTY LINE; ANNEXING PACKERY CHANNEL PARK (NUECES COUNTY PARK NO. 2) AND ADJOINING PRIVATE LAND (APPROXIMATELY 50.01 TOTAL ACRES FOR PARK AND PRIVATE LAND) ON PADRE ISLAND; ANNEXING 221 ACRES OF LAND SOUTH OF MUSTANG ISLAND STATE PARK , COMPRISING 4,211 FEET OF GULF BEACH FRONTAGE ON MUSTANG ISLAND, OWNED BY NUECES COUNTY; ANNEXING 9.23 ACRES OF LAND NORTH OF ZAHN ROAD AND J. P. LUBY SURF PARK, COMPRISING 2,009.79 FEET OF GULF BEACH FRONTAGE ON MUSTANG ISLAND, OWNED BY ESTATE OF ERIC C. LOWER; PROVIDING THAT EACH ANNEXED TRACT IS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; REQUIRING APPLICATION FOR CERTIFJCATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex to the City of Corpus Chdsti an area comprising five tracts of land on Padre Island and Mustang Island herein called Tracts 1 through 5, inclusive. These Tracts are also described, respectively, as (1) the Jones, Walter, and GLO Beach Frontage; (2) Padre Balli Park; (3) Packery Channel Park Area; (4) Nueces County owned land south of Mustang Island State Park; and (5) the Estate of Eric C. Lower beach frontage north of Zahn Road and J. P. Luby Surf Park. Tracts 1 and 2 are in the vicinity of the Nueces-Kleberg County line; WHEREAS, on February 19th, 2002, and on February 26th 2002, public hear ngs were held by the City Counc, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi,; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; L EGAL~LAW~EG-DIR\DoyleDC u rtis~VlYDOCS~2002~P&ZO R D02~An n exat i o n. o rd ~DDC2002\O rd U ones. G LO. E dcl.owe r. B ea ch. Co La n d. &Parks. o rd. doc Page 2 of 17 WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on February 19th, 2002, and on February 26th, 2002 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following described Tract I located south of Padre Bali Park and adjacent to the Nueces-Kleberg county line, located partly in Kleberg County and partly in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Tract 1 is also described by metes and bounds in Exhibit A and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 1: Jones, Walter and GLO Beach Frontages: Privately and publicly owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage on Padre Island, 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 United States Geological Survey (U.S.G.S.) and Geodetic Survey (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. SECTION 2. That the following described Tract 2 located on Padre Island, north of and adjacent to the Nueces-Kleberg county line and east of Park Road 22, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit B and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 2: Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comp, rising approximately 194.92 acres and 6,324 feet of gulf beach frontage on Padre Island. SECTION 3. That the following described Tract 3 located on Padre Island, north of Villa Maria Isabel and northeast of Park Road 22 and Park Lane and extending to the Packery Channel, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and LEGAL~AW~I..EG-DIR~Doyle DC u rtis~lYDOCS~2002~P&ZO RD02~A a nexat ion. o rd~DDC2002\0 rcPJ ones. G LO. E ri ct.owe r. Be a ch. CoLa n d. &Pa rks. o rd. doc Page 3 of 17 bounds in Exhibit C and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 3: Packery Channel Park Area: Publicly and privately owned lands on Padre Island comprising approximately 50.01 acres and including Nueces County Park #2 (Packery Channel Park). SECTION 4. That the following described Tract 4 located on Mustang Island, south of Mustang Island State Park, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit D and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage on Mustang Island 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. SECTION 5. That the following described Tract 5 located on Mustang Island, located north of Zahn Road and east of State Highway 361, and located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit E and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 5: Beach Front Property North of Zahn Road: Privately owned (Estate of Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 feet of gulf beach frontage on Mustang Island, 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. SECTION 6. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit G of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other pads of the city with topography, land uses and population densities similar to those reasonably contemplated or proj~ected in the area annexed. SECTION 7. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of Page 4 of 17 the City of Corpus Chdsti and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 8. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 9. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. SECTION 1'1. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 12. This ordinance goes into effect at 12:01 A. M., April 17, 2002. Page 5 of 17 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the 26th day of Mamh, 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 16th day of April, 2002, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett VVilliam Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 16th day of April, 2002. ATTEST: Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM Mamh 21, 2002 James R. Bray, Jr., City Doyle D./l~rtis Senior A~sistant City Attorney LEGAL~J-AVv~LEG-D~R~D~y~eDcurtis~MYD~cS~2~2~P&Z~RD~2~Annexati~n~rd~DDc2~2~rd~J~nes~GL~EricL~wer.Beach`c~Land~&Parks~rd.doc Page 6 of 17 EXHIBIT A METES AND BOUNDS FOR PADRE ISLAND TRACT 1 Tract t: Jones, Walter and GLO Beach Frontages: Tract 1 consists of privately and publicly owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage on Padre Island, 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 United States Geological Survey (U.S.G.S.) and Geodetic Survey (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. Tract 1 is located south of and adjacent to the Nueces-Kleberg county line and is located entirely in Kleberg County, Texas. Tract 1 is more particularly described by metes and bounds as follows: 44.16 acres, more or less, consisting of a part of an 18.07 acre tract described in Document No. 840580, Nueces County, Texas, Deed Records, a part of a 37 acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records, a part of a 1260.57 acre tract out of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records and a portion of beach frontage extending southwest 500 feet, more or less, from the southwest line of the aforementioned 1260.57 acre tract, said 44.16 acres of beach frontage, more particularly described as follows; BEGINNING AT A POINT on the vegetation line of the Gulf of Mexico side of Padre Island, a point which bears southwest, 500 feet from a corner on the present city limit line established by Ord. No. 024694, dated 12-31-01 (said corner being the point of intersection between the vegetation line and the southwest line of the aforementioned 1260.57 acre tract) for the southwest corner of the tract herein described; THENCE northeasterly with the present city limit line, the vegetation line approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico, to a point on the northeast line of the aforementioned 37 acre tract, for a corner in the present city limit line and the northwest corner of this tract; THENCE southeasterly with the northeast line of said 37 acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ord. No. 015415, dated 3-19-80 and the northeast corner of this tract; THENCE southwesterly with said present city limit line, to a point in line with the point of beginning, for the southeast corner of this tract; THENCE northwesterly leaving said present city limit line at right angles thereto, to a point on the vegetation line, for the point of beginning. L EGAL~LAVV~LE G-DIR\Doy l eDCu rtis~Vl Y DOCS~2002~P &ZORD02~An n exati on. o rd~D DC 2002\Ord~J o n es. G LO. Eric, Lower. B ea ch. Co La nd, & P arks, ord. doc Page 7 of 17 EXHIBIT B METES AND BOUNDS FOR PADRE ISLAND TRACT 2 Tract 2: Padre Balli Park (Nueces County Park #1 ) comprises approximately 194.92 acres and 6,324 feet of gulf beach frontage on Padre Island, north of and adjacent to the Nueces-Kleberg county line and east of Park Road 22, and is located entirely in Nueces County, Texas. Tract 2 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Padre Balli County Park) 194.92 acres, more or less, out of the Nicolas & Juan Jose Balli survey, A-1998, located south of and adjacent to County Access Road No. 4, and east of and adjacent to Park Road 22, and more particularly described as follows; BEGINNING AT A POINT, the intersection of the northeast boundary line of a 37-acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records and the east right-of-way line of existing Park Road 22 (South Padre Island Drive), for a comer in the present city limit line as established by Ordinance No. 024694. Dated December 31, 2001, and the southwest corner of the tract here-in described; THENCE northerly with the east right-of-way line of said Park Road 22, its curves and its angles (the same being the present city limit line) to a point on the north right-of-way line of Access Road No. 4, for a corner in said present city limit line, the northwest comer of Padre Balli County Park and the northwest corner of this tract; THENCE easterly with the north right-of-way line of said Access Road No. 4, the present city limit line, to a point on the 1.37-foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415. Dated March 19, 1980, and the northeast corner of this tract; THENCE southwesterly with said present city limit, to a point in line with the northeast boundary line of the aforementioned 37-acre tract, for the southeast comer of this tract; THENCE northwesterly, leaving said present city limit line, with the northeast boundary line of said 37-acre tract, to a point on the east right-of-way line of Park Road 22, for the POINT OF BEGINNING. Page 8 of 17 EXHIBIT C METES AND BOUNDS FOR PADRE ISLAND TRACT 3 Tract 3: Packery Channel Park Area: Tract 3 consists of publicly and privately owned lands on Padre Island comprising approximately 50.01 acres and includes Nueces County Park #2 (Packery Channel Park). Tract 3 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Packery Channel County Park Area) 50.01 acres, more or less, consisting of 20.01-acre Packery Channel County Park, also known as Nueces County Park No. 2, and a 30-acre tract described in Vol. 2229, page 155, Nueces County, Texas, Deed Records, said 50.01-acre tract, more particularly described as follows; BEGINNING AT A POINT, the intersection of the southeast boundary line of Packery Channel County Park and the northeast right-of-way line of Park Road 22 (South Padre Island Drive) for the south corner of the tract herein described; THENCE, northwesterly with the northeast right-of-way line of said Park Road 22, its curves and its angles, to the south corner of Lot 5, Block 4, Padre Island - Corpus Christi Section 18, as shown in Volume 57, Page 105, Nueces County, Texas, plat records, for the southerly west corner of Packery Channel County Park, and an outside corner of this tract; THENCE northeasterly with the southeast boundary line of said Lot 5, to its east corner thereof, for an inside corner of Packery Channel County Park and an inside corner of this tract; THENCE northwesterly, with the northeast boundary line of said Block 4, Padre Island - Corpus Christi Section 18, its curves and its angles, to its north corner thereof, for the west corner of the aforementioned 30-acre tract, an inside comer of Block 2, Padre Island - Corpus Christi Section 18, as shown in Volume 38, Page 69 and 70, Nueces County, Texas, plat records, and the west corner of this tract; THENCE northeasterly, with the line common to said Block 2, Padre Island - Corpus Christi Section 18 and the aforementioned 30-acre tract, to a point on the westerly shoreline of existing Packery Channel, for the north corner of this tract; THENCE southeasterly, with the meanders of said westerly shoreline of existing Packery Channel, to a point, for the east corner of Packery Channel County Park, and the east corner of this tract, THENCE southwesterly, with the southeast boundary line of said Packery Channel County Park, to a point on the northeast right-of-way line of Park Road 22, for the POINT OF BEGINNING. LEGAL~_AV~ALE G-DIR~Doyle DCu rtisWIy DOCS~2002~P&ZO RD02~An nexation, o rd~DDC2002~O rcl~J ones. G LO. E ricLowe r. Bea ch, CoLa nd. & P arks, ord. doc Page 9 of 17 EXHIBIT D METES AND BOUNDS FOR Mustang ISLAND TRACT 4 Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage on Mustang Island 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. Tract 4 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Nueces County Land South of Mustang Island) 221.00 acres, more or less, out of the William Bryan survey No. 606, A-45, described in Document No. 888926, Nueces County, Texas, Deed Records, located southwest of adjacent to Mustang Island State Park, and more particularly described as follows; BEGINNING AT A POINT, on the southeast right-of-way line of existing State Highway 361, the north comer of a 137.73 acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, for the west corner of the tract here-in described; THENCE, northeasterly with the southeast right-of-way line of said State Highway 361, its curves and its angles, to a point on the southwest boundary line of Mustang Island State Park, for a point on the present city limit line established by Ordinance No. 15415, dated March 19, 1980, and the north corner of this tract; THENCE, southeasterly, with said present city limit line, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a corner in present city limit line and the east corner of this tract; THENCE, southwesterly, with said present city limit line, to a point in line with the northeast boundary line of the aforementioned 137.73 acre tract, for the south comer of this tract; THENCE, northwesterly with the northeast boundary line of said 137.73 acre tract, to its north corner thereof for the POINT OF BEGINNING. LEGAL~W~EG~D~R~D~y~eDCurtis`dv~YD~S~2~P&Z~RD~2~Annexa~n~rd~DDC2~2~rdU~nes~GL~EricL~wer~Beach~Land~&Parks~rd~d~c Page 10 of 17 EXHIBIT E METES AND BOUNDS FOR Mustang ISLAND TRACT 5 Tract 5: Beach Front Property North of Zahn Road: Privately owned (Estate of Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 feet of gulf beach frontage on Mustang Island, 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. Tract 5 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Beach Frontage north of Zahn Road) 9.23 acres, more or less, out of the William Bryan survey No. 606, A-45, located southeast of and adjacent to a 137.73-acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, said 9.23~acre tract more particularly described as follows; BEGINNING AT A POINT, the intersection of the southwest boundary line of said 137.73-acre tract and the vegetation line along the Gulf of Mexico side of Mustang Island, a corner in the present city limit line establish by Ordinance No. 023889, dated December 28, 1999) for the southwest corner of the tract herein described; THENCE, northeasterly, with said vegetation line, the present city limit line, to a point on the southwest boundary line of a 221-acre tract, now or formerly owned by Nueces County, described in Document No. 888926, Nueces County, Texas, Deed Records, for the northwest corner of this tract; THENCE, southeasterly with the southwest boundary line of said 221-acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415, dated Mamh 19, 1980, and the northeast corner of this tract; THENCE southwesterly, with said present city limit line, to a point in line with the southwest boundary line of the aforementioned 137.73-acre tract, for the southeast comer of this tract; THENCE, northwesterly with the southwest boundary line of said 137.73 acre tract, to a point on the vegetation line for the POINT OF BEGINNING. Exhibit F Page 11 of 17 Tract I Annexation Maps Tract 2 Walter, and GLO Beach Frontage Padre Balli Park Jones, Tract 3 Packery Channel Park Tracts 4 & 5 Nueces County Land South of Mustang Island State Park [Tract 4] and Beach Frontage North of Zahn Road (Estate of Eric C. Lower) [Tract 5)] Exhibit G Page 12 of 17 Service Plan for Padre Island and Mustang Island Tracts 1 Through 5 LEGAL~-AW~LEG-DIR~Doy leDC u r~is~IYDOCS~ 002~P&ZO RD02~,n n exati o n. ord~DDC2002\OrdU ones. (3 LO. E ricLowe r. Beach. CoLand. & P a Iks. ord. doc Exhibit G Page 13 of 17 A= B= Service Plan for Padre Island and Mustang Island Tracts I Through 5 INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other part of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Padre Island and Mustang Island Tracts 1 Through 5, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. The City of Corpus Christi will assume maintenance of any new public streets, curb and gutters, after construction and acceptance by the City. Owners and/or developers of properties in the annexation area must comply with State law as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed area at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: Normal patrols and responses; · Handling of complaints and incident reports; · Special units, such as traffic enforcement, criminal suppression, and special weapons and tactics team. investigations, namotics, gang The area will be included in a patrol district that will receive 24-hour patrol coverage and primary patrol services with regularly scheduled officers. 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tracts at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: Fire suppression and rescue; LEGAL~LAVV~-EG-D~R~D~y~eDcurtis~YD~S~2~2~P&Z~RD~2~Annexati~n~rd~DD~2~2\~rdU~nes~L~Eric~-~wer~Beach~C~Land~&Parks~rd.doc Exhibit G Page 14 of 17 · Emergency medical services; · Hazardous materials mitigation and regulation; · Emergency prevention and public education efforts; · Water rescue; · Technical rescue; · Construction plan review; · Inspections; · Emergency management planning; · Rescue / hazardous materials unit. These services are provided, on a citywide basis, by 395 employees operating from 15 emergency fire stations and other non-emergency sites. All Corpus Christi Fireflghters are certified by the Texas Commission on Fire Protection. Upon annexation the Corpus Christi Fire Department (CCFD) will provide service from Fire Station #15 located at 14402 Commodore Drive. Fire Station #15 has five fireflghter personnel on duty 24 hours a day. Three fireflghters are assigned to fire suppression and two firefighters are available for emergency medical response. Every Fire Unit is manned with at least one certified Emergency Medical Technician and every medical unit is manned with at least one Certified Emergency Medical Technician and one Certified Paramedic. If Station #15 is unavailable, CCFD will provide service from Station # 13 in Flour Bluff. All pumper, ladder trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. Services currently provided by the City for single-family residences include: · Garbage collection; · Recycling collection - curbside recycling collection for residential customers; materials collected include newspaper, "junk mail," tin and aluminum can, glass bottles and jars, plastic bottles; · Brush pick up; and · Large and bulky material pickup. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial establishments. 4, Operation and Maintenance of Water and Waste Water Facilities ~E~AL~`vV~-EG-D~R~D~y~eDCurtis~v~YD~cS~2~2~P&Z~RD~2~Annexati~n~rd~DDC2~2\~rd~J~nes~GLO.EricL~wer~Beach.~Land.&Parks~ord.d~c Exhibit G Page 15 of 17 Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be the property of another municipality or other entities after the annexation will continue to be maintained by the municipality or entity. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems may be acceptable if City and County standards are met. No septic tank systems are permitted between the vegetation line and the shoreline of the Gulf of Mexico. 5. Operations and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: · Emergency pavement repair; and · Maintenance of public streets. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including surface condition, ddeability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of said park. In the event any such parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities LEGALU-AVW-EG~D~R~D~y~eDCur~s1MYD~S~2~2~P&Z~RD~2~Annexati~n~rd~DDC2~2~3rd~nes~GL~EdcL~wer~Beach`~Land~&Parks~rd~d~c Exhibit G Page 16 of 17 by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Beaches After annexation, any beach that becomes the responsibility of the City will be cleaned and maintained by the City unless the city contracts with another entity for beach cleaning services. It shall be the responsibility of the City of Corpus Christi to create and endorse plans for the maintenance, preservation and enhancement of public beaches and public beach access. Because of infrequent use, the beach frontages located in Kleberg County will require minimal maintenance and preservation. Beach cleaning and maintenance for beaches owned by another public entity shall continue to be the responsibility of that public entity. 8. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. CITY SERVICES IMPROVEMENT ANNEXATION PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL PROCESS WITHIN 2-112 YEARS FROM THE DATE OF 1. Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. Exhibit G Page 17 of 17 3. Water and Wastewater Facilities The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. 4. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. D. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 22 · " r !lr · CITY COUNCIL AGENDA MEMORANDUM Date: March 26, 2002 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the mount of $57,202 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute ail related documents. B. Ordinance appropriating $57,202 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1050 Federal/State Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonai problems in Texas regarding safety belt use are evident, Federai Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing funding for a new STEP program called Click It or Ticket (CLOT) where the Police Department will conduct a two-week occupant protection enforcement effort during the Memoriai Day holiday and a one-week effort during the Thanksgiving holiday. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. During the two holiday seasons designated above, two teams of four officers each will work Monday - Friday 7:00 am - 11:00 am and 4:00 pm - 8:00 pm and on Saturday, Sunday 10:00 am - 2:00 pm and 4:00 pm - 8:00 pm on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to increase safety belt use among drivers and from seat passengers by 10%. FUNDING: Officers will be working on an overtime basis with the State providing 100% o£eligible funding o£the saiary, retirement, and mileage. REQUlRED COUNCIL ACTION: Accepting the grant and appropriating funds. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. ADDITIONAL SUPPORT MATERIAl, Con~a~ [] Federal Pass '[hrough Misc. Contract __ Oram Funds CFDA ~20.60__ Charge Number [] Sme Cram Funds PIN 17460005741000 TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Cotpas Christi, hereinafter called the Subgrantee, and becomes effective when fully executed by both pardes. For the purpose of this agreemanh the Subgrantee is designated as a(n) local government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2002 & 2003. WITNESSETIt Project Title: Click It or Ticket (CIOT) Selective Traffic Enfome, merit Program (STEP) Brief Project Description: To conduct a two week occupant protection enforcement effort during the Memorial DaV holiday and a one week effort during the Thanksgiving holidav. AGREEMENT Grant Period: The Grant becomes effective on March 1, 2002 or on the date of final signature, whichever is later, and ends on December 3 L 2002. Maximum Amount Eligible for Reimbursement: $57,202. Cost incurred after the endofafiscalyearcannot be reimbursed without prior written approval from the Department. (Sec also Article 3, Limitation of Liability, in the Standard Provisions) Project Year: 2002 Labor Other Direct Cost Indirect/F&A Coat TOTAL Estimated Budget: Federal $ 56,275 927 $ 57,202 State Local In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated as indicated as a part of the Grant Agreement: [] Attachment A, Approved Project Description [] Attachment B, Approved Project Budget [] Attachment C, Standard Assurances [] Attachment D, Debarment Certification [] Attachment E, Lobbying Certification (required if mount payable is $100,000 or more) [] Attachment F, Child Support Statement Page 1 of lO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE THE STATE OF TEXAS City of CorpusChfisti [Legal Name of Agency] Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission. David R. Garcia, City Manager [Name and Title] District Engineer Texas Department of Transportation Date Date 5 '7' 0~" A/ITPJST: [Signature] [Name and Title] Under authority of Ordinance or Resolution Number (for local governments): Director, Traffic Operations Division Date Mailing Addresses For the purpose of this agreement, the following add~sses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits of the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail code accordingly and notify TxDOT of any changes.): For the Subgrantee: For the Tex~s Department of Transportation: P.Alvarez, Jr., Chief of Police P. O. Box 9016 Corpus Christi, Texas 78469 Page 2oflO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT STANDARD PROVISIONS ARTICLE 1. RESPONSIBILITIES OF TIlE PARTIES The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included heminat~er. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 2. COMPENSATION A. The method of payment for this agreement will be based on actual costs incuzmd up to and not to exceed the limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-anit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an mount greater than 5% of the total reimbursable amount of the budget without a written agreement amendment. Hmvever, the Subgrantee must provide written notification to the Department of a change of 5% or less, prior to payment of the Request For Reimbursement that includes the change, indicating the amount and percent change and the reason(s) for it. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written grant amendment. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, witlfin the time frame specified in Grant Period on page 1. D. Payment of costs incurred under fltis agreement is further governed by one of the following cost principles, as appropfiata, outlined in the Federal Office of Management and Budget (OMB) Circulars: · A-21, Cost Principles for Educational Institutions; · A-87, Cost Principles for State and Local Governments; or, · A-122, Cost Principles for Nonprofit Organizations. E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days after the end of the billing period. The Subgrantee will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on page 2 of this agreement. F. The Subgrantec agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. G. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. Payments, however, are contingent upon the availability of appropriated funds. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Deportment and the Subgrantec agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee must lmve a cost assumption plan by the end of the first twelve months. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for ~vhich the Subgrantee has assumed some cost sharing by the end of the first twelve months, and to those ~vhich propose to assume the largest percentage of subsequetu project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements am considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a case-by-case basis. Page 3oflO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT ARTICLE 3. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. fiat any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Depamnent, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attoruey fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay ail costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of uny obligation hereunder. ARTICLE 4. AGREEMENT AMENDMENTS ff at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by ~a-itten amendment executed by both parties. The amendment sball be agreed upon by the parties to this agreement and sball state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 5. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Deparlment in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. lithe compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specified on the cover page to this Grant. ARTICLE 6. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 5. lithe Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections. Page 4oflO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT ARTICLE 7. GENERAL TERMS AND CONDITIONS Gl. Indemnification To the extent permitted by law, the Subgrantec, ff other than a State agency, shall save harmless the Department from ail claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee aiso agrees to save harmless the Department from any and all expenses, including attorney fees, ail court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the extent permitted by law, the Subgrantee, ff other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against ail claims, demands and muses of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any aileged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized representative thereof, have the fight at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Disputes and Remedies Thc Subgrantee shail be responsible for the settlement of ail contractual and administrative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting ns referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity nmy be availed of by either party and shall be cumulative. G4. Noncollusion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this ag~ement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full mount of such fee, commission, brokerage fee, glib, or contingent fee. Page 5 oliO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT GS. RepoSing Not later than ten days a~er the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives ~vere not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. Tbe Subgrantee shall submit the final performance report within 10 days after completion of the grant. The Subgramee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to ~naintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereinatler called the records, and shall make such records available at its ofee at all rcasenablc times for the time period authorized in Article 1, Contract Period. The Subgrantee further agrees to retain said records for four years from thc date of final payment of contract costs incurred hereunder. Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United States Department of Transportation, and the Office of the Inspector General shall have access to the records at reasonable times during the period of the agreement and the four years retention period for the purpose of making audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the four year retention period, the subgrantea shall retain the records until completion of the action and resolution of all issues which arise fxom it. G7. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." G8. Subcontracts Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcontract by the Department. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. Page 6oflO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Subgruntee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, ~vhether for cause or at the convenience of the parties hereto, all finished or unfinished documents, dam, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Subgruntee for those eligible expenses incurred during the ag~ement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the ~vork has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion atter the effective date of termination. Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by mason of uny failure in performance of this agreement in accordance with its terms (including any fallare by the Subgrantee to progress in II~e performance of the work) ffsuch failure arises out of canses beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of GOd or of the public enemy, acts of the Government in either its sovereign or contractual capaci .ty, rims, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severn ~veather. In ove~ case, however, the failure to perform must be beyond the control and witlmut the fault or negligence oftbe Subgrantee. Gl0. Gratuities Texas Transportation Commission policy mundates that employees of the Department shall not accept any benefits, gills or favors f~om uny person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed am ordinary bnsiness hinches und items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gills or favors to Department employees, except as mentioned hemabove. Failure on the part of the Subgruntee to adhere to this policy may result in termination of this agreement. Gll. Compliunce With Laws The Subgruntee shall comply with all Federal, State und local laws, statutes, ordinances, niles and regulations, and the orders und decrees of any courts or administrative bodies or tribunals in uny matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum sala~ und wage statutes and regulations, and licensing laws und regulations. When required, the Subgrantce shall furnish the Department with satisfactory proof of its compliunce therewith. Gl2. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns und administrators of such other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest nad obligations in this agreement without written consent of the Department. Page 7 of l O 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantce or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request to the Department without restriction or limitation of their farther use. Gl4. Resources The Subgrantee warrants that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, file Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Subgrantce shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Gl5. Property Management The Subgrantce shall establish and administer a ~stem to control, protect, prese~'e, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's properly management procedures or property management standards, as appropriate, in: · 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govenmlents," or, · OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." Gl6. Procurement Standards The Subgrantee shall maintain procurement standarda which meet or exceed the requirements, as appropriate, of: · 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, · OMB Circular A-i 10, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." Gl7. Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the insurance during the grant period established in Article 1. Gl8. Equal Employment Opportunity The Subgrantce agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). Page 8 of 10 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Gl9. Nondiscrimination During the performance of this agreement, the Subgtantee, its assigns and successors in interest, agrees as follows: 1. Compllance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Tire 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to lime (hereinafter referred to as the Reguialions), which are herein incorporated by reference and made a part of this agreement~ 2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sobeontracturs, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(1>) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Reguialions. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by compalitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential sobeontmctor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or nalional origin. 4. Information and Reports: The Subgrantcc shall provide all infonration and reports required by the Regulations, or direclives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as tray be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this infonration, the Subgrantee shall so certify to the Department or the U.S. Department of Transportatian as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions ns it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: · withholding of payments to the Subgrantee under the agreement unlil the Subgrantee cemplies, and/or · cancellation, termination, or suspension of the agreement in whole or in part 6. Incorporation of Provisions: The Subgrantce shall include the provisions of paragraphs 1 through 5 in avery subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee slmll take such action with respect to any subcontract or procurement ns the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. G20. Disadvantaged Business Enterprise It is the policy of the U.S. Department nf Transportatian that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this agreement as follows: * The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and subeontracts. · The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or gender in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Page 9 of lO 1/02 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. G21. Debarment/Suspension The Subgrantee is prohibited from making any award or permitting any award at any tier to any party ~vhich is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to fltmish a copy of the certification. G22. Signatory Warranty The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for wifich she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the tiree the signatory for the Subgrantee signs the grant agreement, or within thirty days, he/she will sign a letter designating signature authority by position rifle for grant-related documents other than the grant agreement or grant agreement amendments. These other grant-related documents will include, but not be limited to, the following: cost assumption plan, application for project extension, administrative evaluation report, requests for reimbursement (RFR), and routine correspondence. G23. Assurances and Certification The Subgrantee attests that the assurances included in Athachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. G24. Intellectual Property Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. Copyrights: TxDOT, the [other party to the contract], and the federal government reserve a royalty-free, nonexclnsive, and irrevocable license to reproduce, publish, or othenvise use and to authorize others to use for government purposes: · the copyright in any works developed under tiffs agreement or under a subgrant or contract under this agreement; and, · any rights of copyright to which the [other party to the contract], its subgrantee, or contractor purchases ownership of with financial assistance hereunder. Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The standard patent rights clause at 37 CFR §401.14 as modified below is hereby incorporated by reference: · the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) or the clause; · Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and · Paragraph (1) of the clause entitled "Communications," shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to TxDOT." If the grant results in the development of any intellectual property as defined in Transportation Code, Section 201.205, the Department and the Subgrantee shall jointly own all the rights, rifle, and interests in and to all data and other information developed under the grant. Each agency may license, reproduce, publish, modify, or otherwise use and authorize others to use the copyright in any work developed under this grant. All such documents will contain a copyright mark acknowledging this joint ownership. There will not be a charge to either agency for such use~ Page lO of lO 1/02 ! r ' I! ATTACHMENT A APPROVED PROJECT DESCRIPTION FY 2002 & 2003 Click It or Ticket STEP (Selective Traffic Enforcement Project) City of Corpus Christi SUBGRANTEE PROBLEM STATEMENT: Texas is encountering many of the same obstacles in increasing the safety belt usage rates that other states are experiencing. Since passage &the safety belt and child safety seat laws, the most effective method in improving safety belt usage rates in Texas has been increased enforcement at the state and local level. However, many Texas law enforcement agencies do not have the resources (funding, staffing, and public information and education support) to enhance their enforcement efforts to focus on occupant protection law violations. Some federal traffic safety funding has been provided over the years to various agencies for occupant protection enforcement and those programs have been extremely successful. In order to increase usage rates in Texas, additional enforcement, along with a highly visible media campaign, is the key. Texas leads the nation in traffic fatalities. In 1999, 3,519 people were killed and 339,448 were injured on Texas streets and highways. Many of these deaths could have been prevented if the victims in these crashes would have been wearing safety belts. According to the National Safety Council, people who wear safety belts have a 45% better chance of surviving a serious traffic crash and a 50% better chance of surviving without severe injuries. The State of Texas has had a Mandatory Use Law (MUL) for safety belts since 1985. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. In Fiscal Year (FY) 2001, according to the Texas Transportation Institute (TTI), Texas A&M University, the percent of Texas from seat occupants restrained sthtewide was 76.1%. Seasonal problems in Texas regarding safety belt use are evident. These trends can be addressed by focusing on the safety belt issue(s) during peak holiday periods. This project will increase safety belt rates through a CIOT STEP which include enhanced enforcement and public information and education efforts. OBJECTIVES/PERFORMANCE GOALS: Objective: To conduct CIOT STEP in Corpus Chris_ti during the Memorial Day and Thanksgiving Day holidays by December 31, 2002. Performance Goals: A. To increase safety belt use among drivers and front seat passengers by: 10 percentage points for the Memorial Day CIOT STEP, 10 percentage points for the Thanksgiving ClOT STEP. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. IH. PERFORMANCE INDICATORS: The following performance indicators shall be included in the Performance Reports, Annex Reports, and summarized in the Administrative Evaluation: A. Number and type of citations/arrests issued under STEP. B. Subgrantee total number of OP citations including STEP. C. Number of STEP enforcement hours worked. D. Maintenance ofnon-CIOT STEP activity. Number of officers working CIOT STEP trained in the Traffic Occupant Protection Strategies (TOPS) course. F. Number of presentations conducted in support of this grant. G. Number of persons attending presentations. H. Number of media exposures (i.e., news releases and interviews). Number of community events in which CIOT STEP officers participated (i.e., health or safety fairs, booths). Number of public information and education materials distributed (by item) provided by statewide media contractor. IV. RESPONSIBILITIES OF THE SUBGRANTEE: Carry out the objectives of this grant by implementing the Action Plan in this attachment. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms no later than 45 days after each fiscal year. C. Attend meetings according to the following: The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. In addition to the CIOT STEP enforcement activities, maintain the agency's total non- STEP enforcement citations at no less than the level attained prior to grant approval. Ensure that the enforcement hours worked under the grant are for CIOT STEP activities. Ensure that each officer working on the CIOT STEP project will complete an officer's daily report form. At a minimum, the form should include: name, date, badge number, type grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type citation/arrest, officer and supervisor signatures. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. Support grant enforcement efforts with public information and education in coordination with statewide efforts. Enforcement salaries being claimed for PI&E activities must be included in the budget. Officers assigned to OP sites should be trained in the Traffic Occupant Protection Strategies (TOPS) course approved by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless such personnel are unavailable for assignment. Ensure that salaries for employees reimbursed under this grant are either overtime pay or additional hires. In no case will federal funds supplant (i.e., replace existing state or local expenditures with the use of federal grant funds) Subgrantee wages for activities which are already supported by local or state funds. Submit performance and annex reports to the Department by June 12, 2002 for the Memorial Day enforcement effort and by December 11, 2002 for the Thanksgiving enforcement effort. O. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. Submit an enforcement plan to the Department two weeks prior to each enforcement period. , V. RESPONSIBILITIES OF THE DEPARTMENT: Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. B. Provide program management, technical assistance, and attend meetings as appropriate. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of this agreement. Perform an administrative evaluation of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objective/performance goals. If an officer makes a CIOT STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. VI. OPERATIONAL PLAN: FY 2002 & 2003 ClOT STEP SITE DESCRIPTION Enforcement Period Memorial Day Occupant Protection May 20-June 2 Jurisdiction wide (Daylight hours) Thanksgiving Day Nov. 25-Dec. 1 Pre-Media Campaign America Week May June Post-Media Campaign Pre-Media Campaign Thanksgiving November December Post-Media Campaign Description of Activities Media Campaign Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced. Enforcement Blitz Intensify enforcement through an overtime STEP which places primmy emphasis on increasing the number of citations for non-use of occupant restraints during the Memorial Day and Thanksgiving holidays. Post-media Campaign Conduct local media events to tell the public why the safety belt laws are important and the results of the CIOT STEP. FY 2002 & 2003 ACTION PLAN OBJECTIVE: To conduct a CIOT STEP in Corvus Christi by December 31, 2002. Administrative and general grant requirements. KEY: P = planned activity C = completed activity R = revised CIOT STEP.7/01 PROJECT MONTH ACTIVITY RESPONSBLE MR AP MY JN JY AU SE OC NO DE JA FE P 1. Grant delivery meeting held. Department P P P 2. Requests for Reimbursement submitted. Subgrantee P P P 3. Performance and An=cReports submitted Subgrantee P P 4. Grant progress review meeting. Subgrantee & Department P P 5. Monitoring grant activities. Department P P 6. Administrative Evaluation submitted for each Subgrantee FY. P 7. Submit letter regarding signature authority. Subgrantee 8. Attend Buckle Up Texas Summit. Subgrantee P P 9. Submit operational cost per vehicle mile (if Subgrantee applicable). 10. Submit enforcement plan to the Department Subgrantee P P two weeks rior to each enforcement enod. P P P 11. Conduct concentrated occupant protection SubgranteeP enforcement. CIOT STEP.7/01 FY2002 & 2003 ACTION PLAN OBJECTIVE: To conduct a CIOT STEP in Corpus Christi9 by December 31, 2002. Public information and education (PI & E) activities requirements. KEY: P = planned activity C = completed activity R = revised CIOT STEP.7/01 PROJECT MONTH ACTIVITY RESPONSIBLE MR AP MY JN JL AU SE OC NO DE JA - 1. Contact the Department regarding PI&E Subgrantee P procedures and planning to coordinate with statewide efforts. A 2. Distribute materials provided by Department's Subgrantee P P P P P P P P P; statewide media contractor. 3. Maintain records of all PI&E materials Subgrantee P P P P P P P P P received/distributed. 4. Report on activities in Performance Report. Subgrantee P P n` ' 5. Conduct news conference(s). Subgrantee P P P P 6. Issue news release(s). Subgrantee P P P P 7. Conduct presentations. Subgrantee P P P P P P P 8. Participate in community events (i.e., Subgrantee P P P P P P P P health or safety fairs, booths). CIOT STEP.7/01 PROJECT BUDGET ClOT STEP (Title of Project) City of Corpus Christi (Name of Subgrantee) ATTACHMENT B BUDGET CATEGORY I - LABOR COSTS (100) Salaries Hourly wage rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Sub~ grantee's payroll polic,, and salary rates. A. ENFORCEMENT (overtime) 1. Officers: 1344hours (~ $34 perhour= $45,696 2. Sergeants: 0 hours ~ $0 per hour= $0 3. Lieutenants: 0 hours @ $0 per hour= $0 B. OTHER (i.e., administrative overtime staff, supervisory support: not to exceed 10% of total grant amount) Type: 45 hours (~ $34 per hour = $1,530 TOTAL SALARIES (200) Fdn.qe Benefits A. Rate: % (if not included in hourly rate B. Other salaries: 19.16% TOTAL FRINGE BENEFITS (300) Travel and Per Diem Buckle Up Summit Mileage (documentation of rate is required prior to reimbursement), airfare, car rental, per diem, etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. (Round figumsto neamst $) Federal Funds $45,696 $o $o $1,530 $47,226 $9,049 $o $9,049 $0 TOTAL LABOR COSTS $56,275 ClOTSTEP 01/02 Page 1 of 2 PROJECT BUDGET ClOT STEP (Title of Project) City of Corpus Christi (Name of Subgrantee) ATTACHMENT B (CONTINUED) BUDGET CATEGORY II - OTHER DIRECT COSTS: (Round figumsto nearest $) Federal Funds (700) Other Miscellaneous (specify) A. SUBGRANTEE VEHICLE MILEAGE Rates used only for budget estimate. Reimbursement will be made according to the approved Subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate ($.345). Documentation of cost per mile is required pdor to reimbursement. 2688 miles at $0.35 per mile = $927 $927 TOTAL OTHER MISCELLANEOUS TOTAL OTHER DIRECT COSTS SUMMARY: TOTAL LABOR COSTS TOTAL OTHER DIRECT COSTS BUDGET NARRATIVE: $927 $927 $56,275 $927 GRAND TOTAL $57,202 [include in narrative form any needed explanations as to specifics on travel (where to, what for, etc.).] CIOTSTEP 01/02 Page 2 of 2 F~ ~s~4 Attachment C STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A- 110 and A- 122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act to the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal trealanent of persons who are or should be benefiting from the grant-sided activity. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91,646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and loea! governments. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsorkng agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It xvill comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other adnfinistrative requiremems. Page 1 of 2 Star~ard Assurances Attachment C continued 10. It will insure that the facilities under its ownership, lease, supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. l 1. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 3 l, 1976. Section 102(a) requires, on and ai'ter March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq,) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer, employee, or member of the applicant's governing body of the applicants grant shall vote or confirm the employment of any person related with in the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. It will insure that all information collected; assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours hi compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. Page 2 0£2 DEBARMENT CERTIFICATION AT'rACHMENT D (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covenxl transactions by any federal department or agency. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offenses in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or slate antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Axe not presently indicted for otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (l)Co) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more federal, state, or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. ,// ST'gnatu ofcertifcng Omci David R. Gareia, City Manager ' Title 3-7- Date Page 1 ofl LOBBYING CERTIFICATION for Grants, Contracts, Loans, and Cooperative Agreements ATTACHMENT E The undemigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contrach the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawurds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreeeipients shall certify disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when its mmscation ~vns made or entered into. Submission of this eenitication is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. David P,_ Garcia, City Manager Title CRv of Comus Christi Agency Date ORDINANCE APPROPRIATING $57,202 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $57,202 is appropriated from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1050 Federal/State Grants Fund. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) fmds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter nde that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ~ ~ James R. Bray, Jr. ~ City Attorney ,2002 By: Lisa Aguilar Assistant City Attorney 23 AGENDA MEMORANDUM SUBJECT: Proposed Adjustments to the Current City of Corpus Christi Single Member District Lines DATE: April 12, 2002 In 1983, the Corpus Christi City Council approved the 5-3-1 Single Member District Plan in effect today. Due to major population shifts reported in the 1990 Census, the plan was reevaluated and the district lines were redrawn. The Corpus Christi City Charter requires the population among districts to be equalized. Because of the 2000 Census data and City Charter requirements, a new plan must be recommended by the City Council for submittal to the United States Department of Justice for subsequent approval. Therefore, attached for your consideration are proposed adjustments to the current single member district lines that I am recommending. Various factors or guidelines were considered and incorporated into the adjusted single member district plan. These factors included the "ten percent rule", areas of population growth and decline, and modifications to each district to reflect a similar minority percentage as approved in the 1983 plan. Since the Justice Department requires the City to demonstrate solicitation of public response to the Redistricting Plan, two public hearings were planned during the month of April. A public hearing was held on April 11, 2002 at 5:30 p.m. in the Council Chambers. The second public hearing is being held today during the regularly scheduled city council meeting. Publication of the public hearings were posted in the newspaper. In addition, the "government channel" and the City website were utilized for informing the public. Large maps were also displayed in City Hall with informational packets available in the City Secretary's Office and public libraries. In addition, packets of public information were sent to specific special interest groups. These included the following: LULAC, League of Women Voters, NAACP, MALDEF, Hispanic Chamber of Commerce, Corpus Christi Chamber of Commerce, Black Chamber of Commerce, Neighborhood and Business Associations as well as the Plaintiffs in the original single member district lawsuit filed against the City. Following approval of the plan, a submission to the U.S. Department of Justice will occur shortly thereafter. A response from the Department of Justice requesting additional information, approving or denying the plan would following in approximately 60 days. A contingency of several months has been built into the plan if additional information is requested or denial occurs. Arm~n~lo Chapa City Secretary A Redistricting Plan March, 2002 City of Corpus Christi, Texas INTRODUCTION "Public Law (PL 94-171), enacted in 1975, directs the U.S. Census Bureau to make special preparations to provide redistricting data needed by the 50 states. It specifies that within a year following Census Day (by April 1, 2000); the Census Bureau must send the governor and legislature in each state the data they need to redraw districts for the United States Congress and state legislature. The objective of the Census 2000 Redistricting Data Program was to produce the data that the Census Bureau provides to states to meet the requirements of PL 94-171." Public Law 94-171 data are statistical summaries containing population totals by race, Hispanic or Latino and voting age for all appropriate geographic areas. The most prominent being the voting tabulation districts. The City of Corpus Chdsti has taken the initiative to use Census 2000, PL 94-171 data to parallel State actions and carry out the necessary steps to re-apportion its own population as part of the redistricting process. The City has utilized 2000 data and devised a new plan to replace existing Single Member Distdct Plan, which was first developed in 1983, updated in 1990 and revised in 1994. The new plan will be based on the City of Corpus Christi's current electoral system, which was established by Ordinance 17495, February 2, 1983. The system consists of eight (8) City Council members and a mayor. Five (5) of the City Council members shall be elected by majority vote from Single Member Districts, three (3) elected at large by plurality vote, with winners required to gain at least twelve pement (12%) of the total votes cast for ail at-large council member positions; and the mayor elected at large by a majority vote. Significant population movement within the city has created noticeable variations in the population distribution in the City's current Single Member District Electoral System. During the inception of the current electoral system and again in the 1990's, the City of Corpus Christi made every effort to allow sufficient population differential. However, as is the case with the City of Corpus Christi along with a majodty of municipalities, population growth and mobility within its boundaries has created enough deviation, warranting modifications to its current system. It is the intent of the City of Corpus Christi to adhere to the parameters as dictated by district court decision, which would allow for two "safe" and one "swing" districts. The two "safe" districts to have a majority Hispanic population to ensure the chances of Hispanic candidates being voted into office. 2000 Census PL94-171 2002 Redistricting Plan 03/19/02 CORPUS CHRISTI POPULATION Since being established in the 1850's, the City of Corpus Christi has always experienced and maintained a positive growth trend through the 2000 Census. Based on prior Census records, it was dudng the 1920's and 1930% that Corpus Christi's population more than doubled. Since those two decades the City's population continued to grow exponentially until the growth trend plateau was reached in the 1960's. 1960 1960 1970 19~0 1990 2000 Concurrently the City's population increases over the last four decades have not been as intense, but instead have shown an increasing population with a declining rate of growth. Table 1 shows the City's population growth over the last five decades. TABLE 1 CENSUS POPULATION CHANGE %CHANGE 1950 108,287 ....... 1960 167,690 59,403 54.9% 1970 204,525 36,835 22.0% 1980 231,999 27,474 13.4% 1990 257,453 25,454 11.0% 2000 277,454 20,001 7.8% 2000 Census PL94-171 2002 Redistricting Plan 03/19/02 CORPUS CHRISTI'S POPULATION BY RACE AND HISPANICS The Hispanic population in the City of Corpus Christi is continuing to grow at a faster rate than the city as a whole. In 1960 the Hispanic population accounted for 59,859 or 35.6% of the total population, while White Non-Hispanic population made up 98,504 or 58.7% of the population. Four decades later the numbers appear reversed. Based on the 2000 Census, Hispanics accounted for 150,737 or 54.3% of the population, compared to 106,901 or 38.5% for the White Non- Hispanic population. HISPANIC AND WHITE NH POPULATION - CITY OF CORPUS CHRISTI 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 960 1970 1980 1990 2000 HISPANICS -.-- WHITE-NH~ Since 1960 the majority of the City's overall growth has been attributed predominantly to the increases of the Hispanic population. White Non-Hispanics, however show continued decline for the same periods. Table 2 shows a comparison from 1990 to 2000 of each Single Member District's total population, Hispanic and White Non-Hispanic population. Hispanics, as a percent of the total Single Member Districts population, increased in all five districts, while the White Non-Hispanic population declined in all five. 1990 Census TABLE 2 Percent of Hispanics & White Non-Hiso. By District Ci_ty of Corpus Christi 2000 %Hisp %Hisp %WNH %WNH Census 1990 2000 1990 2000 SMD 1 SMD 2 SMD 3 SMD 4 SMD 5 53,722 53,016 52,106 49,653 48,931 54,668 55.0% 59.6% 36.1% 33.0% 52,777 67.8% 73.0% 29.3% 23.2% 52,402 67.4% 73.3% 25.0% 18.5% 55,019 21.5% 26.0% 73.9% 66.4% 62,584 37.7% 43.1% 57.5% 48.6% 3 2000 Census PL94-171 2002Redistricting Plan 03/19/02 EXISTING SINGLE MEMBER DISTRICT POPULATION DIFFERENTIAL Only Single Member District 2 lost population from 1990 to 2000. Single Member Districts #1 and #3 had gains of less than 1000, which accounted for less than 2% gain. Districts #4 and #5 had the two highest population gains. Table 3 shows the population change within each Single Member District from 1990 to 2000. Single Member District #5 had significant population increase compared to the remaining four districts. TABLE 3 Population Change By Single Member District Ci_ty of Corpus Christi 1990 2000 90-2000 90-2000 Census Census Change Change Sin'Mem. Dist. 1 53,722 54,668 946 1.8% Sin. Mem. Dist. 2 53,016 52,777 -239 -0.5% Sin. Mem. Dist. 3 52,106 52,402 296 0.6% Sin. Mem. Dist. 4 49,653 55,019 5,366 10.8% Sin. Mem. Dist. 5 48,931 62,584 13,653 27.9% The Figure below shows the percent gain or loss as a percent of the total amount gained by the City as a whole. Out of the total City growth, close to 70% went to Single Member District #5. 80.0% 70.0% 60.0% 50.0% 40.0% 30.0~ 20.0 Yo 10.0% 0.0% -10.0% Population Gain/Decline As %Of Total SMD SMD SMD SMD SMD #1 fY2 #3 f~t #5 The following six spreadsheets/charts provide an analysis of the single member districts in the City. In addition, a summary of the recommended redistricting plan with an attached map is provided. A listing of all Voting Precincts within each of the new Single Member Districts of the recommended plan is included. 4 2000 Census PL94-171 2002 Redistricting Plan 03 / 19/02 SINGLE MEMBER DISTRICT PROFILES 1990 CENSUS & 2000 CENSUS 2000 Census PL94-171 2002 Redistricting Plan 3/19/02 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 POPULATION BY RACE AND HISPANICS CITY OF CORPUS CHRISTI HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. THE RATE OF GROWTH OF HISPANICS WAS MORE THAN TWICE THAT OF THE CITY'S AS A WHOLE. HISPANIC POPULATION INCREASED IN ALL FIVE DISTRICTS. 2. THE POPULATION GAIN OF HISPANICS ACCOUNTED FOR MORE THAN THE TOTAL CITY POPULATION GAIN. 3. THE WHITE NON -HISPANIC POPULATION DECLINED BY CLOSE TO 6,000, OR 5.2% BETWEEN 1990 AND 2000. 4. THERE WAS A DECLINE IN THE WHITE NON -HISPANIC POPULATION IN ALL FIVE DISTRICTS EXCEPT DISTRICT p5. SOURCE: 1MANO1X0CENSUS "Other Comprleed of Am. Indian 6 Alaska Nal., Aslan, Nat Wmalan d OthR Pacific Islander and Some Other Race. EthnicDist60-02X.x1s POPULAT*N AU IM- r--. - -. 1990 1990 % 2000 % CHANGE %CWNW HISPANIC 129,701 50.4% 150,737 54.3% 21,036 16.2% WHITENHISP 112,803 43.8% 106,897 38.5% -5,906 -5.2% BLACK NHISP 11,655 4.5% 12,404 4.5% 749 6.4% OTHERNHISP' 3,269 1.3% 4,625 1.7% 1,356 41.5% TWO RACES+ 0 0.0% 2,787 1.0% 2,787 NA TOTAL 257,428 100.0% 277,450 100.0% 20,022 7.8% 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 POPULATION BY RACE AND HISPANICS CITY OF CORPUS CHRISTI HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. THE RATE OF GROWTH OF HISPANICS WAS MORE THAN TWICE THAT OF THE CITY'S AS A WHOLE. HISPANIC POPULATION INCREASED IN ALL FIVE DISTRICTS. 2. THE POPULATION GAIN OF HISPANICS ACCOUNTED FOR MORE THAN THE TOTAL CITY POPULATION GAIN. 3. THE WHITE NON -HISPANIC POPULATION DECLINED BY CLOSE TO 6,000, OR 5.2% BETWEEN 1990 AND 2000. 4. THERE WAS A DECLINE IN THE WHITE NON -HISPANIC POPULATION IN ALL FIVE DISTRICTS EXCEPT DISTRICT p5. SOURCE: 1MANO1X0CENSUS "Other Comprleed of Am. Indian 6 Alaska Nal., Aslan, Nat Wmalan d OthR Pacific Islander and Some Other Race. EthnicDist60-02X.x1s 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 1 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. LOWEST GAIN IN TOTAL POPULATION, LESS THAN 2% 2. ONLY DISTRICT TO HAVE A NEGATIVE DECLINE IN BOTH HISPANIC AND BLACK POPULATION 3. HIGHEST OUT -MIGRATION PERCENT OF BLACK POPULATION. 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 4.6%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 3.1%. SOURCE. 19W AND ZWp CENSUS "Other Comprised of Am. Indian 4 Alaska Nat, Aslan, Nat HiraAw 8 Other Paclflc Islander and Some Other Race. S 1990 02000 i CFM OK T7QAFF4lS r--. - -. 1990 % 200 0 % CHANGE %CHANGE HISPANIC 29,522 55.0% 32,561 59.6% 3,0391 10.3% WHITE NHISP 19,376 36.1% 18,030 33.0e/a -1,346 -6.9% BLACK NHISP 4,393 8.2% 31247 5.9% -1,146 -26.1% OTHER NHISP' 431 0.8% 438 0.8% 7F-1 6% TWO RACES+ 0 0.0% 392 0.7% 392 NA TOTAL 53,722 100.0% 54,668 100.0% 946 1.8% 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 1 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. LOWEST GAIN IN TOTAL POPULATION, LESS THAN 2% 2. ONLY DISTRICT TO HAVE A NEGATIVE DECLINE IN BOTH HISPANIC AND BLACK POPULATION 3. HIGHEST OUT -MIGRATION PERCENT OF BLACK POPULATION. 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 4.6%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 3.1%. SOURCE. 19W AND ZWp CENSUS "Other Comprised of Am. Indian 4 Alaska Nat, Aslan, Nat HiraAw 8 Other Paclflc Islander and Some Other Race. S 1990 02000 i 2000 Census PL94-171 2002 Redistricting Plan 3/19/02 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 2 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. THERE WAS A DECLINE OF TOTAL POPULATION FROM 1990 TO 2000 2. THIS DISTRICT HAD THE HIGHEST NUMBER OF OUT -MIGRATION OF WHITE NON -HISPANIC POPULATION. 3. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.2%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 6.1%. SOURCE: 1290 AND 2000 CENSUS Other Comprised of Am. Indian 6 Alaska N.L. Aslan, NO. Has aian 8 Other Pacific Islander and Some Olhw Rau, ®1990 02000 POPULATION CHANGE BY PACE 1990-2000 CITY OF CORPUS CHRISTI SiMCLE,MEAV"4 DUCT #2: 1990 % 2000 % CHANGE %CHANGE HISPANIC 35,948 67.8% 38,517 73.0% 2,569 7.1% WHITE NHISP 15,558 29.3% 12,269 23.2% -3,289 -21.1% BLACK NHISP 11128 2.1% 1,248 2.4% 120 10.6% OTHER NHISP' 382 0.7% 370 0.7% -13-3.1% TOTAL TWO RACES- 0 0.0% 373 0.7% 373 NA TOTAL 53,016 100.0% 52,777 100.0% -239 _0S% 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 2 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. THERE WAS A DECLINE OF TOTAL POPULATION FROM 1990 TO 2000 2. THIS DISTRICT HAD THE HIGHEST NUMBER OF OUT -MIGRATION OF WHITE NON -HISPANIC POPULATION. 3. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.2%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 6.1%. SOURCE: 1290 AND 2000 CENSUS Other Comprised of Am. Indian 6 Alaska N.L. Aslan, NO. Has aian 8 Other Pacific Islander and Some Olhw Rau, ®1990 02000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 3 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. ABOUT 1% IN POPULATION GAIN FROM 1990 TO 2000 2. THIS DISTRICT HAD SECOND HIGHEST NUMBER OF WHITE NON -HISPANIC OUT -MIGRATION, BUT HIGHEST PERCENT. 3. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.9%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 6.5%. SOURCE. 1920 AND 5020 CENSUS ^ Othx Comprised of Am. Indian 8 Alaska Nat., Asian, Nat Hamadan 8 Other Pacific Islander and Some Other Rau, e 1990 10 2000 EthnicDist60-02X.xis 2 POPULATION CHANGE BY RACE 19W - 2000 CITY OF CORPUS CHRISTI 1990 % 2000 % CHANGE %CHANGE HISPANIC 35,123 67.41 38,386 73.3% 3.263 9.3% WHITE NHISP 13,0 25.0% 9,689 18.5% -3,345 -25.7% BLACK NHISP 3,502 6.7% 3,576 6.8% 74 2.1 % OTHER NHISP' 447 0.9% 441 0.8% -6 -1.3% TWO RACES, 0 0.0% 310 0.6% 310 NA TOTAL 52,106 100.4% 52,402 100.0% 296 0.6% 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 3 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. ABOUT 1% IN POPULATION GAIN FROM 1990 TO 2000 2. THIS DISTRICT HAD SECOND HIGHEST NUMBER OF WHITE NON -HISPANIC OUT -MIGRATION, BUT HIGHEST PERCENT. 3. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.9%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 6.5%. SOURCE. 1920 AND 5020 CENSUS ^ Othx Comprised of Am. Indian 8 Alaska Nat., Asian, Nat Hamadan 8 Other Pacific Islander and Some Other Rau, e 1990 10 2000 EthnicDist60-02X.xis 2 2000 Census PL94-171 2002 Redistricting Plan 3/19102 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 4 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. DISTRICT 4 HAD SECOND HIGHEST PERCENT INCREASE IN TOTAL POPULATION - 10.8% 2. SECOND HIGHEST INCREASE IN NUMBER AND PERCENT OF HISPANIC POPULATION 3. ALL POPULATION GROUPS GAINED POPULATION EXCEPT WHITE NON -HISPANICS 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 4.5%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 7.5%. SOURCE. IM AND 2000 CENSUS Mw Com~ o1 Am. Indlan 6 Als Nat, Aslan, NK Ha . 8 M. Pale. W.", Som. Mu Rac.. e 1sso O 2000 POPULATION CHANGE BY RACE 9We 2000 CtWOFCORPUSCHRIST! w ' 1990 1990 % 2000 % CHANGE %CHANGE HISPANIC 10,660 21.5% 14,326 26.0% 3,666 34.4% WHITE NHISP 36,676 73.9% 36,506 66.4% -170 -0.5% BLACK NHISP 1,204 2.4% 1,785 3.2% 581 48.3% OTHER NHISP' 1,113 2.2% 1,465 2.7% 352 31.6% TWO RACES+ 0 0.0% 937 1.7% 937 NA TOTAL 49,653 100.0% 55,019 100.0% 5,366 10.8% 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 4 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. DISTRICT 4 HAD SECOND HIGHEST PERCENT INCREASE IN TOTAL POPULATION - 10.8% 2. SECOND HIGHEST INCREASE IN NUMBER AND PERCENT OF HISPANIC POPULATION 3. ALL POPULATION GROUPS GAINED POPULATION EXCEPT WHITE NON -HISPANICS 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 4.5%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 7.5%. SOURCE. IM AND 2000 CENSUS Mw Com~ o1 Am. Indlan 6 Als Nat, Aslan, NK Ha . 8 M. Pale. W.", Som. Mu Rac.. e 1sso O 2000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 5 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. DISTRICT 5 HAD HIGHEST PERCENT INCREASE IN TOTAL POPULATION - 27.9% 2. HIGHEST INCREASE IN NUMBER AND PERCENT OF HISPANIC AND BLACK POPULATION 3. THE POPULATION GAIN OF HISPANICS WAS ALMOST FOUR TIMES THAT OF WHITE NON -HISPANICS 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.4%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 8.9%. SOURCE. IMAND 2000 CENSUS M. CemP,I M & Am. 1.0w 6 Aleka Nat, Alan, NK H.Aw 8 OMe Pnifle Islands and Som. 00. Rap. 1e 1990 020001 EthnicDist6G-02X.xls 3 POPULATION CHANGE BY RACE 1990- 2000 CITY OF CORPUS CHRISTI &1Mf',,1' moi; 1990 % 2000 % CHANGE %CHANGE HISPANIC 18,448 37.7% 26,947 43.1% 8,499 46.1% WHITE NHISP 28,15 57.5% 30,403 48.6% 2,244 8.0% BLACK NHISP 1,428 2.9% 2.548 4.1% 1,120 78.4% OTHER NHISP' 896 1.8% 1,9111 3.1% 1,015 113.3% TWO RACES, 0 0.0% 7751 1.2% 775 NA TOTAL 48,931 100.0% 62,584 100.0% 13,653 27.9% 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 POPULATION BY RACE AND HISPANIC SINGLE MEMBER DISTRICT 5 HISPANIC WHITE BLACK OTHER TWO NHISP NHISP NHISP RACES+ 1. DISTRICT 5 HAD HIGHEST PERCENT INCREASE IN TOTAL POPULATION - 27.9% 2. HIGHEST INCREASE IN NUMBER AND PERCENT OF HISPANIC AND BLACK POPULATION 3. THE POPULATION GAIN OF HISPANICS WAS ALMOST FOUR TIMES THAT OF WHITE NON -HISPANICS 4. THE PERCENT OF HISPANICS IN THE DISTRICT INCREASED 5.4%, WHILE THE PERCENT OF WHITE NON -HISPANICS DECREASED BY 8.9%. SOURCE. IMAND 2000 CENSUS M. CemP,I M & Am. 1.0w 6 Aleka Nat, Alan, NK H.Aw 8 OMe Pnifle Islands and Som. 00. Rap. 1e 1990 020001 EthnicDist6G-02X.xls 3 2000 Census PL94-171 2002 Redistricting Plan 03/19/02 2002 REDISTRICTING RECOMMENDED PLAN 6 2000CensusPL94-171 2002 Redistricting Plan 3/19102 64,000 - 62,000 60,000 58,000 56,000 54,000 52,000 50,000 48,000 46,000 POPULATION ADJUSTMENT BY DISTRICT SMD1 SMD2 SMD3 SMD4 SMD5 •AFTER OB OFE RE 2,500 2,000 1,500 1,000 500 0 -500 1 -1,000 -1,500 -- -2,000 AMOUNT OF DEVIATION BY DISTRICT 1 SOURCE: 1990 AND 2000 CENSUS "Other Comprised of Am. Indian 8 Alaska Nat., Asian, Nat. Hawalan 8 Other Pacific Islander, Some Other Race and Population of Two or More Races. 2000SMDOptionl.xls -1,646 J I] k+ 2002 REDISTRICTING PLAN RECOMMENDED PLAN SIN. MEM, DISTRICT VOTING PRECINCTS TOTAL POPULATION OFA Y RACE HISPANICS % WHITE % NON -HISPANIC BLK/AFAM % OTHER" % DEVIATION AMOUNT % SMD 1 All 54,668 32,561 59.6% 18,030 33.0% 3,247 5.9% 830 1.5% -822 -1.48% SMD 2 All 57,379 41,193 71.8% 14,001 24.4% 1,342 2.3% 843 1.5% 1,889 3.40% SMD 3 All 56,540 41,163 72.8% 10,747 19.0% 3,798 6.7% 832 1.5% 1,050 1.89% SMD4 All 55,019 14,326 26.0% 36,506 66.4% 1,785 3.2% 2,402 4.4% -471 -0.85% SMD 5 All 53,844 21,494 39.9% 27,613 51.3% 2,232 4.1% 2,505 4.7% -1,646 -2.97% AVERAGE 55,490 CITY Total 277,450 150,737 54.3% 106,897 38.5°h 12,4041 4.5% 7,412 64,000 - 62,000 60,000 58,000 56,000 54,000 52,000 50,000 48,000 46,000 POPULATION ADJUSTMENT BY DISTRICT SMD1 SMD2 SMD3 SMD4 SMD5 •AFTER OB OFE RE 2,500 2,000 1,500 1,000 500 0 -500 1 -1,000 -1,500 -- -2,000 AMOUNT OF DEVIATION BY DISTRICT 1 SOURCE: 1990 AND 2000 CENSUS "Other Comprised of Am. Indian 8 Alaska Nat., Asian, Nat. Hawalan 8 Other Pacific Islander, Some Other Race and Population of Two or More Races. 2000SMDOptionl.xls -1,646 J I] 2000 Census PL94-171 2002 Redistricting Plan 03/19/02 SINGLE MEMBER DISTRICT PLAN MAP RECOMMENDED PLAN 7 SINGLE MEMBER REDISTRICTING - RECOMMENDED PLAN CITY OF CORPUS CHRISTI, TEXAS DIST. CHANGES MADE TO EXISTING SYSTEM 1 = NO CHANGES MADE TO THIS DISTRICT 2 = ADD VOTING PRECINCTS 48, 84, & 109 3 - ADD VOTING PRECINCTS 70, & 89 BLACK REMOVE VOTING PRECINCTS 48. 4 - NO CHANGES MADE TO THIS DISTRICT 5 = REMOVE VOTING PRECINCTS 70, 84, 89, & 109. RECOMMENDED PLAN MAKEUP DIST POP. DEV. % HISP % WHITE % BLACK % 1 54,668 -822 -1.48% 32,561 59.6% 18,030 33.0% 31247 5.9% 2 57,379 13889 3.40% 41,193 71.8% 14,001 24.4% 19342 2.3% 3 56,540 1,050 1.89% 413163 72.8% 10,747 19.0% 33798 6.7% 4 55,019 -471 -0.85% 14,326 26.0% 36,506 66.4% 1,785 3.2% 5 53,844 -1,646 -2.97% 21,494 39.9% 27,613 51.3% 2,232 4.1% SOURCE: 1990 & 2000 CENSUS PL94-171 2000 Census PL94-171 2002 Redistricting Plan 03/19/02 RECOMMENDED PLAN CENSUS 2000 POPULATION BY VOTING PRECINCT BY SINGLE MEMBER DISTRICT 2000CensusPL94-171 2002 Redistdctlng Plan CENSUS 2000 POPULATION BY VOTING PRECINCT 2002 REDISTRICTING PLAN BY SINGLE MEMBER DISTRICT OE COR.US C...ST, RECOMMENDED PLAN ~IN. MEM, VOTING TOTAL OF ANY RACE NON-HISPANIC 1 7 1.618 1,282 79.2% 193 11.9% 120 7.4% 23 1.4% 1 9 3,232 1,337 41,4% 1,804 55.8% 22 0.7% 69 2.1% 1 23 89 19 21.3% 68 764% I 1.1% I 1.1% I 30 1,618 6T3 41 6% 108 6.7% 815 50.4% 22 1 4% I 38 1,901 970 51 0% 74 3.9% 831 43~7% 26 1.4% I 41 1,002 954 95.2% 44 44% 2 0.2% 2 02% I 4,4 2,665 2,547 95,6% 89 33% 26 1 0% 3 0 1% 1 45 2,503 2.244 89 7% 163 65% 77 31% 19 0.8% 1 46 1,318 1,222 927% 44 33% 39 30% 13 1,0% 1 47 1.333 1,184 888% 64 48% 73 55% 12 0.9% 1 49 1,866 665 35.6% 1,153 61 8% 22 12% 26 1.4% 1 __1/ 51 2,467 1,511 612% 850 345% 74 30% 32 13% I 52 1,423 1,048 736% 241 169% 120 8.4% 14 1.0~ 1 61 1,793 1,315 733% 51 28% 408 228% 19 I 1% 1 76 2,126 2.039 95.9% 60 2.6% 20 0.9% 7 0.3~ 1 77~ 874 791 90.5% 38 4.3% 37 42% 8 0.9~ I 79 1,973 1.509 76.5% 263 13.3% 159 8.1% 42 2.1~ I _2/ 81 727 445 61.2% 225 309% 42 58% 15 2.1~ I _Z/ 82 1,190 915 769% 224 188% 38 32% 13 11~ 1 99 1,442 1,174 81.4% 205 142% 20 1 4% 43 I 1/ 100 3,644 2,064 56.6% 1,451 398% 48 1.3% 81 22~ 1 101 5,2<90 2,370 448% 2,754 521% 58 1.1% 108 20~ I 103 1.573 533 33.9% 1,012 64.3% 16 1.0% 12 0 8~ 1 107 3,452 788 228% 2,570 744% 30 0 9% 64 1.9~ 1 __31 110 6,137 2,266 369% 3,600 58.7% 136 2.2% 135 I 111 1.412 696 493% 682 483% 13 09% 21 1.5~ 'l~ ~ ~V~ S4,6~8 32,561 59.6% 18,030 33.0% 3,247 5.9% 830 1.5'~ 2 I 2,022 971 48.0% 900 ~4.5% 103 51% 48 2 4~ 2 21 441 92 20.9% 311 705% 7 1 6% 31 7.0% 2 31 1,192 1,019 855% 143 12.0% 17 1.4% 13 1.1~ 2 33 1,491 1.113 74.6% 259 17.4% 90 6.0% 29 1 2 39 1,362 891 654% 390 28 6% 55 40% 26 1 9~ 2 43 1,669 1.342 804% 173 10.4% 122 7.3% 32 1 2 48 2,374 1,407 59.3% 870 36 6% 49 2.1% 48 20~ 2 50 1,058 674 637% 366 346% 10 0.9% 8 0 8~ 2 53 1,461 1,182 80.9% 232 15 9% 33 23% 14 10~ 2 56 2,556 2,138 836% 228 89% 153 6.0% 37 1 4% 2 57 1,510 1,198 79.3% 277 18.3% 26 I 7% 9 06~ 2 58 1,776 655 36.9% 1,073 604% 13 0.7% 35 20% 2 4/ 59 1,510 585 38.7% 867 57.4% 24 I 6% 34 2.3~ 2 62 2,055 ~.868 91.9% 125 61% 30 1.5% 12 06~ 2 66 2,923 1,777 60.8% 1,008 345% 72 25% 66 23% 2 aJ 67 976 506 51.8% 443 45.4% 19 1.9% 8 0.8% 2 68 1,993 1,447 72.6% 475 238% 34 1.7% 37 I 9% 2 69 3,353 2,398 71.5% 834 24.9% 70 2.1% 51 15% 2 72 2,962 2,036 687% 911 274% 55 1.9% 60 2.0% 2 73 2.965 2,581 87.0% 295 9.9% 63 21% 26 0.9% 2 75 4,345 4,182 962% 108 2.5% 33 0.8% 22 0.5% 2 83 2,198 1,985 90.3% 140 64% 56 2.5% 17 0.8% 2 84 1,543 993 64.4% 469 30.4% 40 2.6% 41 27% 2 85 1.215 1,144 94.2% 54 4.4% 9 0 7% 8 0.7% 2 87 2,628 1,770 67.4% 762 290% 51 1.9% 45 1 2 94 3,277 1,797 54.8% 1,385 42 4% 50 1 5% 42 1.3% 2 96 1,611 1,266 78 6% 325 20.2% 9 06% 11 0 7% 2 97 2,228 1,880 84.4% 282 12.7% 44 2.0% 22 1.0% 2 109 685 276 40.3% 393 57,4% 5 0.7% 11 1.6% 2 Tc. tal ALL VP'j 57.379 41.193 7t.S% 14.0~1 24.4% 1,342 2.3% 843 1.5~ 3 4 3,734 2,495 668% 1.017 27 2% 168 4.5% 54 1.4% 3 15 821 562 68+5% 209 25.5% 38 4.6% 12 1.5% 3 20 4,138 2,837 886% 955 231% 240 5.8% 106 2.6% 3 24 2,833 1,980 69.9% 540 19 I% 299 10.6% 14 05% 3 34 798 649 81 3% 135 169% 10 1.3% 4 0.5% 3 60 2,145 2,052 95.7% 76 35% 6 0.3% 11 0.5% 3 70 5,276 3,428 65.0% 1,475 28.0% 259 49% 114 2.2% 3 71 3,347 2,773 82.9% 486 14.5% 68 2.0% 20 0.6% 3 74 3,273 3,105 949% 110 34% 33 10% 25 0.8% 3 78 2,887 2,272 78.7% 98 3.4% 496 17.2% 21 0.7% 3 80 2,601 2,039 784% 75 29% 484 17.8% 23 0.9% 3 89 1,236 756 61.2% 453 367% 12 1.0% 15 1.2% 2000SMDOptlOnl .xls 2000CensusPL94 171 SIN. MEM. DISTRICT CENSUS 2000 POPULATION BY VOTING PRECINCT BY SINGLE MEMBER DISTRICT CITY OF CORPUS CHRISTI VOTING I TOTAL OF ANY RACE POPULAT ON H SPANICS I % IwHITE PRECINCTS 93 95 98 106 113 114 116 121 3 Total ALL VP's 2002 REDISTRICTING PLAN RECOMMENDED PLAN NON-HISPANIC I % IBLK/^FNvl I % IOTHER** I % 4,380 3,802 868% 357 8.2% 181 4.1% 40 09% 1,569 1,215 774% 306 19.5% 19 1 2% 29 1.8% 2,943 2,334 79 3% 99 3.4% 476 16.2% 32 1.1% 4,053 1,990 49.1% 1,750 43.2% 217 54% 96 2.4% 1,539 1,210 78.6% 21 1 4% 299 194% 9 0.6% 1,053 931 88.4% 60 57% 62 5.9% 0 0.0% 5,108 3,118 61.0% 1,602 31.4% 250 4.9% 138 27% 2,806 %615 57.6% 923 329% 199 7.1% 69 25% 56,540 41,163 72.8% 10,747 19.0% 3,79~ 6.7% 832 1.5% _5/ 2 4,036 1,659 41 I% 2,176 53.9% 100 2 5% 101 25% 5 1,203 334 27.8% 845 702% 5 0.4% 19 1 6% _5/ 6 2,6C0 584 225% 1,730 66.5% 72 28% 214 8.2% 18 7,112 1.865 262% 4,181 588% 618 8.7% 448 6.3% 19 15 2 133% 13 867% 0 00% 0 00% _6! 40 6,171 572 93% 5,352 86.7% 55 09% 192 3.1% 42 499 80 16~0% 414 830% 2 04% 3 0.6% 63 3,276 903 276% 2.268 692% 19 06% 86 2 6% 64~ 2,036 251 123% 1+744 857% 3 0.1% 38 I 9% 65 4,310 946 21 9% 3,172 73.6% 50 1.4% 133 3.1% 86 832 208 25.0% 810 733% 7 0.8% 7 0 8% 90 t,399 741 530% 574 410% 57 41% 27 1.9% 91 4,614 1+424 309% 2+765 599% 227 49% 198 43% 92 2,544 790 311% 1,640 645% 59 2.3% 55 22% 117 5,121 849 166% 3,868 75.5% 116 23% 268 56% 120 3,731 1,694 454% 1,824 489% 113 30% 1C0 27% 122 5,520 1,424 25.8% 3,330 60.3% 273 4.9% 493 89% 55,019 14.326 26.0% 36,506 6~.4% 1,785 3.2% 2,402 4.4% 3 4,659 1,727 37.1% 2,517 54.0% 128 2.7% 287 6.2% __7/ 8 7,054 2,719 38.5% 3,688 52.3% 309 4.4% 338 4.8% __8/ 16 384 126 32.8% 257 66.9% 0 0.0% I 03% 17 5,016 2,764 551% 1,758 35.0% 276 5 5% 218 43% __81 26 0 0 0.0% 0 0.0% 0 0.0% 0 0.0% __91 29 8,884 2,827 31.8% 5.114 57.6% 347 3.9% 596 67% 101 32 6,270 2,457 39 2% 3,260 52.0% 303 48% 250 40% 88 3,626 1,668 46.0% 1.698 46.8% 135 3.7% 125 3.4% 112 3,361 1,371 408% 1,815 54.0% 80 2.4% 95 2.8% 115 3,405 1,174 34.5% 1,938 56 9% 123 3.6% 170 5.0% 116 5,394 2,386 44 2% 2,527 46.8% 278 5.2% 203 38% 119 5,791 2.275 39.3% 3,041 525% 253 44% 222 3.8% ALL VP'I 53,844 21,494 3g.~A, 27,613 51.3% 2,232 4.1% 2,5~5 4.7% 5 Total Grand Total ALL SMD's 277,45~ 150,737 54.3% 10~,897 38.5% 12,4~4 4.5% 7.412 2.7% NOTE~: a.) Footnotes specify young precinct changes made by NueCes County Commissioners court on Dec. 2001. b.) The consOlidaUon of Voting Precincts 16 and 26 caused Single Member District ~5 boundary line to be diverted to encompass the land area once occupied by Voting Precinct 26. See Footnote ~. All remaining Voting Precinct changes by Nueces County did not affect the City's Redistricting Lines. 24 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 16, 2002) Case No. C0202-01A~ City of Corpus Christi: Zone newly annexed areas to an "R-lB" One-family Dwelling District and "B-2A" Barrier Island Business District on Nueces County Park No. 2 (Packery Channel Park), located on the east side of South Padre Island Drive, north of Verdemar Drive. Planning Commission and Staff's Recommendation (03/13/02): Denial of the "R-lB" and "B-2A' Districts, and in lieu thereof, approval of an "F-R" Farm-Rural District on Tracts I and 2. Requested Council Action: Denial of the "R-lB" One-family Dwelling District and "B-2A" Barrier Island Business District, and in lieu thereof, approval of an "F-R' Farm-Rural District on Tracts l and 2 and adoption of the attached ordinance. Purpose of Request: Appropriate zoning for newly annexed area. Summary: The subject property consists of two (2) tracts of land totaling 50.01 acres under consideration for annexation and zoning. This area is known as Area A, Tract 1 (30 acres) and Tract 2 (20.0t acres). The property is east of South Padre lsland Drive, west of the Laguna Madre and north of Verdemar Drive. Tracts 1 and 2 are located in an area designated as a Coastal Barrier Resources Act (COBRA), which prohibits use of federal funds for loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction. Tract I is privately owned and is contiguous to a "B-2A" District property to the north and west. A "B-2A" District would allow a mixed residential and commercial development while maintaining an open space along the Laguna Madre area. The appropriate zoning classification for Tract 1 is a "B-2A' Barrier Island District. Tract 2 is owned by Nueces County and is known as the Packery Channel County Park. It functions as an open space area for the public while housing the Visitor's Center and County Maintenance Facility on the property. Under state statute, the county will continue its responsibility for maintenance of the park and waterfi'ont area after annexation. For areas that are publicly owned, it has been Staffs and City Council's policy to recommend and approve an "R-lB" District for those areas. However, at the Planning Commission public hearing, the Commission recommended the "F-R" Farm-Rural District as providing a zoning district that is more consistent with continuation of the park use at the property than the "R-lB" Disla'ict. Notification: On February 25, 2002, a newspaper notice was published in the Corpus Christi Caller-Times legal section. To date, there have been no comments supporting or opposing the proposed zoning. Director of Planning MG/MS/er Attachments: l) Zoning Report Pages 2--4 2) Planning Commission Minutes Pages 5-6 4) Ordinances Pages 7-10 H:\PLN-DIR\ERMA\WORD\AGENDMEM\C0202-01AAGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map [No.: Applicant: LeEal Description/Location: C0202-01A March 13, 2002 F20-C-D City of Corpus Christi Being a tract of land consisting of 50.01 acres on property known as Nueces County Park #2/Packery Channel Park. The tract of land is located along the east side of South Padre Island Drive, north of Verdemar Drive. Area of Request: Annexation Area: Proposed Zoning: 50.01 acres Area A, Tracts 1 and 2 "FR" Farm Rural District on Tract 1 and '*R-lB" One-Family Dwelling District on Tract 2. Undeveloped land and Nueces County Park Current Use of Property: Adjacent Zonine: North, West - "B-2A" Barrier Island District South - "R-lB" One-family Dwelling District, "B-2A" Barrier Island Business District. East - "FR" Farm -Rural District. Adjacent Land Use: North - Undeveloped land. South - Single-family residences. East - Laguna Madre/Packery Channel. West - Undeveloped land, medical clinic with helipad and motel. Adiacent Streets/Classification: State Highway 361 - rural arterial of 250-foot right-of-way. Zoning Report Case No. C0202-01A Page 2 Zoning History of Property: Not applicable. Recent Surrounding Zoning Cases: In February 1997, Lots lB through 5B, Block 1, located on the east side of Ambrosia Street, north of Marina Drive and west of the subject property, were denied a "B-2A" District and were granted a Special Permit for a parking lot. The development has not occurred and the Special Permit has expired. In September 1997, Lots 11 through 15, Block 71, located across South Padre Island Drive west of the subject property, were denied a "B-4" District and were granted a Special Permit for a miniature golf course. In February 1998, Lot 5, Block 4, located along South Padre Island Drive and west of the subject property, was denied an "I-2" District and was granted a Special Permit for a helipad. Planning Staff Analysis: The subject property consists of two (2) tracts of land totaling 50.01 acres under consideration for annexation and zoning. This area is known as Area A, Tract 1 (30 acres) and Tract 2 (20.01 acres). The property is east of South Padre Island Drive, west of the Lagtma Madre and north of Verdemar Drive. Tract 1 and 2 are located in an area designated as a Coastal Barrier Resources Area (COBRA), which prohibits use of loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction. Tract 1 is privately own and is contiguous to "B-2A" District property to the north and west. A "B~2A" District would allow a mixed development while maintaining an open space along the Laguna Madre area. The appropriate zoning classification for Tract 1 is a "B-2A" Barrier Island District. Tract 2 is owned by Nueces County and is known as the Packery Channel County Park. It functions as an open space area for the public while housing the Visitor's Center and County Maintenance Facility on the property. Under state statute, the county will continue its responsibility for maintenance of the public land and waterfront area after annexation. All other operations relative to the park will remain the county's responsibility. Staff Recommendation: Approval of "F-R" Farm-Rural District on Tracts 1 and 2. Attachments: Zoning Map H :\PLN -DIR\ERMA\WORD~ZONRPTS\C0202-01A.DOC R-lB F-R TRACT 1 ACT 2 O.C.L R-lB ~ A-2 AT B-2A CASE C0202-OqA (21'Y OF COre,US Q-[mS1'L Ta(AS PACKERY CHANNEL CO. PARK & ADJOINING LAND AREA A 0 Ft. 2000 Ft. City of Corpus Christi, Planning Department, 08FEBO2/AMF Planning commission Minutes March 13, 2002 City of Corpus Christi: C0202-01A REQUEST: Annex to "B-2A" Barrier Island District on Tract 1 and "R-lB" One-family Dwelling District on Tract 2 on land consisting of 50.01 acres of property known as Nueces County Park #2/Packerty Channel Park, and located along the east side of South Padre Island Drive, north of Verdemar Drive. Mr. Saldafia presented a computerized slide illustration of the subject property and surrounding property. The subject property consists of two (2) tracts of land totaling 50.01 acres under consideration for annexation and zoning. This area is known as Area A, Tract I (30 acres) and Tract 2 (20.01 acres). The property is east of South Padre Island Drive, west of the Laguna Madre and north of Verdemar Drive. Tracts 1 and 2 are located hi an area designated as a Coastal Barrier Resources Area (COBRA), which prohibits use of loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction. Tract 1 is privately owned and is contiguous to "B-2A" District property to the north and west. A "B-2A" District would allow a mixed development use while maintaining an open space along the Laguna Madre area. The appropriate zoning classification for Tract 1 is a "B~2A" Barrier Island District. Tract 2 is owned by Nueces County and is known as the Packery Channel County Park. It functions as an open space area for the public while housing the Visitor's Center and County Maintenance Facility on the property. Under State statute, the county will continue its responsibility for maintenance of the public land and waterfront area after annexation. All other operations relative to the park will remain the County's responsibility. For areas that are publicly owned, it has been Staff and City Council's policy to recommend and approve a "R-lB" District for those areas. Approval of "B-2A" District on Tract 1 and "R-lB" District on Tract 2. Mr. Saldafia said that public notification was required via a generally circulated newspaper and not individual property owners within a 200-foot radius. Commissioner Sween-McGloin asked how long has the City has been recommending the "R-lB" District for parks. Mr. Saldafia said that most parks are located in the "R-lB" District. He added that they are public playgrounds and are outlined in the "R-1B" District uses. Chairman Berlanga opened the public hearing. Rick Guerra, 14609 Villa Maria Isabella, said that he owns property near Packery Channel and asked why a park is being zoned as residential and also asked whether there would be residential development on the park. He added that the "F-R" District would be a better zoning option for the subject property. Mr. Guerra informed the Commission that he spoke with two engineers who were taking soil samples on the subject property and was told that the subject property was being used for dredging for the maintenance material site. He asked whether the dredging could affect the "o-plot" and said that some consideration needed to be given to the water and storm drainage qualifies. Mr. Guerra asked for gaarantees to protect the parkland. Mr. Gunning said that he would forward the information provided by Mr. Guerra to 'Angel Escobar, Director of Engineering Services and provide an update to the commission in the future. With regard to zoning the subject property "F-R" District, Mr. Gunning said that the Commission could recommend any zoning district. The "R-lB" District does not allow businesses and is the most protective for the property. He added that any lands dedicated as pubhc parkland shall remain pubhc parkland. There would be a requirement for a city election to change the parkland. Al Lizakowski, 14618 Villa Maria Isabella, provided photographs of the subject area. He said that the area contained mostly wetlands. He added that the neighbors have maintained the property and have also planted trees. He said that the Audubon Society uses the area. He expressed concern with the Tax Increment Financing (TIF) zone excluding both lots, which could allow development of a business. He Planning Commission Minutes March 13, 2002 Case No. C0202-01A (City of Corpus Christi) Page 2 expressed concern about creating unfair competition and asked that the property be included in the TIF or be,rezoned to a residential district to maintain the wildlife in the area. He suggested an "RE" District. Commissioner Sween-McGloin asked if oil and gas drilling could be done on "FR" and "RE" Districts. Mr. Doyle Curtis, Assistant City Attomey, said that the "FR" District allows drilling. Mr. Gunmng said that the infi'astmcture is in place, but staff would not want to recommend an "FR" District and said that he believes an "R-1B" District is critical in order to protect the property. Cormmssioner Sween-McGloin said that the area has similarities to the Nueces River area. Since there is no pending plans for the property, she recommended that the property be zoned "FR" District. Mr. Gunning said that "R-lB" District would be good for the city and added that property zoned "B-2A" Dis~ict does not mean that the property would be developed with businesses. Charrman Berlanga asked whether the TIF area could be expanded. Mr. Gannmg answered in the negative. commissioner Richter said that the area is a hamer island and asked that "R-lB" District not be a holding zone. She added that there is oppommity to think of a new way to develop on a bamer island and still protect the vegetation. "R-lB" District does not require a certain type of vegetation. She said staff should encourage the development of more permeable land and narrower streets to preserve the land. comnUssioner Amsler said that he did not think that people should not live in the area and that staff and the ComrmSsion needed to weigh private property rights against the environment. Art Olson spoke on behalf of the Audubon Club. He said that the Audubon Club owns 17 pieces of land and added that the club purchased the property with the intent to not develop on it. Public hearing was closed. Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation of "FR" District on Tracts I and 2. Motion passed with Mims and Pusley being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACTS TOTALING 50.01 ACRES, DESIGNATED AS AREA A, TRACT 1 AND 2, BY ZONING AS "FR" FARM-RURAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, Mamh 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed tracts totaling 50.01 acres, designated as Area A, Tracts I and 2, known as the Packery Channel Park Area, including Nueces County Park #2/Packery Channel Park (Tract 2, containing 20,01 acres) and the adjoining 30 acres (Tract 1), and located along the east side of South Padre Island Drive and north of Verdemar Drive, as an "F-R" Farm-Rural District. A metes and bounds description for Area A, Tracts I and 2 is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:~.EG-DIR\DOYLEDCU RTIS~VlYDOCS~2002~P&ZO RD02~ZON EANNX.ORD~DDC~ZC020201 .ANX.A.DOC '7 Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. Doyle D. ~'urtis - Senior A§sistant City Attorney H:~LEG-DIR\DOYLEDCU RTIS'~IYDOCS~2002~P&ZORD02~ZON EANNX.ORD~DDC~ZC020201 .ANX.A. DOC METES AND BOUNDS (Packery Channel County Park) 50.01 acres, more or less, consisting of 20.01-acre Packery Channel County Park, also known as Nueces County Park No. 2, and a 30-acre tract described in Vol. 2229, page 155, Nueces County, Texas, Deed Records, said 50.01-acre tract, more particularly described as follows; BEGINNING AT A POINT, the intersection of the southeast boundary line of Packery Channel County Park and the northeast right-of-way line of Park Road 22 (South Padre Island Drive) for the south comer of the tract herein described; THENCE, northwesterly with the northeast right-of-way line of said Park Road 22, its curves and its angles, to the south comer of Lot 5, Block 4, Padre Island - Corpus Christi Section 18, as shown in ¥olume 57, Page 105, Nueces County, Texas, plat records, for the southerly west comer of Packery Channel County Park, and an outside comer of this tract; THENCE northeasterly with the southeast boundary line of said Lot 5, to its east comer thereof, for an inside comer of Packery Channel County Park and an inside comer of this tract; THENCE northwesterly, with the northeast boundary line of said Block 4, Padre Island - Corpus Christi Section 18, its curves and its angles, to its north comer thereof, for the west comer of the aforementioned 30-acre tract, an inside comer of Block 2, Padre Island - Corpus Christi Section 18, as shown in Volume 38, Page 69 and 70, Nueces County, Texas, plat records, and the west comer of this tract; THENCE northeasterly, with the line common to said Block 2, Padre Island - Corpus Christi Section 18 and the aforementioned 30-acre tract, to a point on the westerly shoreline of existing Packery Channel, for the north comer of this tract; THENCE southeasterly, with the meanders of said westerly shoreline of exisfmg packery Channel, to a point, for the east comer of Packery Channel County Park, and the east comer of this tract, THENCE southwesterly, with the southeast boundary line of said Packery Channel County Park, to a point on the northeast right-of-way line of Park Road 22, for the POINT OF BEGINNING. C0202-01A EXHIBIT A R-lB F-R TRACT1 TRACT 2 O.C.L R-lB AT B-2A CASE C0202-01A cay OF COP,~US CHmSl'C 'ha(As PACt(ERY CHAI~ CO. PARK & ADJOINING LAND AREA A 0 Ft. 2000 Ft. City of Corpus Christi, Planning Department, 08FEBO2/AMF /0 EXHIBIT A Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACTS TOTALING 50.01 ACRES, DESIGNATED AS AREA A, TRACT t AND 2, BY ZONING AS "B-2A" BARRIER ISLAND DISTRICT ON TRACT I AND "R-lB" ONE- FAMILY DWELLING DISTRICT ON TRACT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended with respect to the newly annexed tracts totaling 50.01 acres, designated as Area A, Tracts 1 and 2, known as the Packery Channel Park Area, including Nueces County Park #2/Packery Channel Park (Tract 2, containing 20,01 acres) and the adjoining 30 acres (Tract 1), and located along the east side of South Padre Island Drive and north of Verdemar Ddve, by zoning Tract 1 as "B-2A" Barrier Island District and Tract 2 as "R-1B" One-Family Dwelling District. A metes and bounds description for Area A, Tracts 1 and 2 is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR\DOYLEDCURTIS\MYDOCS~O02\P&ZORD02~ONEANNX.ORD\DDC~ZC020201 .ANX.B.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM ~10 April, 2002 James R. Bray, Jr. C ty ne.y,_ ,¢/1 _,L-- Doyle [:~urtis Senior Assistant City Attorney H:~LEG-DIR\DOYLEDCURTIS\MYDOCS~2002~P&ZORDO21ZONEANNX.ORD\DDC~C020201.ANX.B.DOC Page 3 of 3 Corpus Christi, Texas __day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:%EG-DIR\DOYLE DCU RTIS\MYDOCS~2002~P&ZORD02~ZO N EAN NX.ORD\D DC~C020201 .ANX.B.DOC 1- T'---'~ ' AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: April 16,2002) Case No. C0202-02A~ City of Corpus Christi: Zone newly annexed areas to an "R-lB" One-family Dwelling District and "AT" Apartment Tourist District on 230.23 acres out of William Bryan Survey 606, Land Survey 64, located on the southeast side of State Highway 361, northeast of South Padre Island Drive. Planning Commission and Staff's Recommendation (03/13/02): Denial of the "R-lB" District, and in lieu thereof, approval of an "F-R" Farm-Rural District on Tract 1 and "AT" Apartmem Tourist District on Tract 2. Requested Council Action: Denial of the "R-lB" One-family Dwelling Distxict, and in lieu thereof, approval of an "F-R" Farm-Rural District on Tract 1 and "AT" Apartment Tourist District on Tract 2 and adoption of the aRach6d ordinance. Purpose of Request: Appropriate zoning for newly annexed area. Summary: Tract I of the subject property is publicly owned and Tract 2 of the subject property is privately owned, totaling 230.23 acres. Tract 1 located south of Mustang Island State Park is owned by Nueces County and contains 221 acres with 4, 211 feet of beach fi-ontage. Along the south boundary of Tract 1 is 9.23 acres Tract 2 that extends 2,010 feet along the beach frontage. State Highway 361 and Zahn Road provide access to Tract 1 and 2, respectively. Tract 1 is undeveloped and provides open space for public use. Under state statute, the county will continue its responsibility for maintenance of the Gulf Beach frontage at~er annexation. For areas that are publicly owned, it has been Staffs and City Council policy to recommend and approve an "R-lB" District for those areas. However, at the Planning Commission public hearing, the Comrmssion recommended the "F-R" Farm-Rural District as providing a zoning district that is more consistent with continuation of the park use at the property than the "R-lB' District. Tract 2 is recommended for an "AT" District and would continue as a public beach area. Notification: On February 25, 2002, a newspaper notice was published in the Corpus Christi Caller-Times legal section. To date, there have been no comments supporting or opposing the proposed zoning. Michael N. Gunning, AIC'P Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-5 2) Planning Comnnssion Minutes Page 6 4) Ordinances Pages 7-11 H :\P LN -DIR~ERMA\WO RD~AGEN DM EM \C0202 -02AAGENDAM EM O,DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: C0202-02A March 13, 2002 E21A, F20D, and F21C City of Corpus Christi Being 230.23 acres out of the William Bryan Survey 606, Land Survey 24, located along the east side of State Highway 361, fronting the Gulf of Mexico and north of South Padre Island Drive. Area of Annexation: Proposed Zoning: Current Use of Property: Purpose of Request: Ad|acent Zoning: North - "R- 1B" One-family Dwelling District South - "AT" Apartment-Tourist District East - "R-lB" One-family Dwelling District West - (across SH 361) "F-R" Farm-Rural District Area B - Tract 1 - 221acres Tract 2 - 9.23 acres Tract 1 - "R-lB" One-family Dwelling District Tract 2 - "AT" Apartment-Tourist District Undeveloped land. Appropriate zoning designation on newly annexed territory. Adjacent Land Use: North - Mustang Island State Park. South - Undeveloped land. East - Gulf of Mexico. West - (across State Highway 361) Undeveloped land. Zoning Report Case No. C0202-02A (City of Corpus Christi) Page 2 Number of Residential Units Allowed: "R-lB" - 44 units (1 unit per 5 acres). "AT" - 10,028 units (43.56 dwelling units per acre). Estimated Traffic Generation: Single-family residences: 10 average weekday vehicle trip ends per dwelling unit x 44 dwelling units = 440 average weekday vehicle trip ends. Condominiums - 5.86 average weekday vehicle trip ends per dwelling unit x 10,028 dwelling units = 58,764 average weekday vehicle trip ends. Adiacent Streets/Classification: a) State Highway 361 - rural arterial of 250-foot right-of-way. Zoning History of Property: Not applicable. Recent Surrounding Zoning Cases: In December 1999, properties northwest of State Highway 361 and north of Mustang Island State Park was annexed into the city and zoned an "AT" District to the north and a "F-R" District northwest of State Highway 361. In December 2001, Mustang Island State Park north of the subject property was annexed into the city and zoned an "R-lB" District. Planning StaffAnalysis: Tract 1 of the subject property is publicly own and Tract 2 of the subject property is privately own, totaling 230.23 acres. Tract 1 located south of Mustang Island State Park is own by Nueces County and is 221 acres with 4, 211 feet of beach frontage. Along the south boundary of Tract 1 is 9.23 acres Tract 2 that extends 2,010 feet along the beach frontage. State Highway 361 and Zahn Road provide access to Tract 1 and 2. Tract 1 is undeveloped and provides open space for public use. Under state statute, the county will continue its responsibility for maintenance of the Gulf Beach area after annexation. For areas that are publicly owned, it has been Staffs and City Council policy to recommend and approve an "F-R" District for those areas. Tract 2 is recommended for an "AT" District and would continue as a public beach area. Zoning Report Case No, C0202-02A (City of Corpus Christi) Page 3 Staff Recommendation: Approval of the "F-R" District on Tract 1 and approval of an "AT" District on Tract 2. Attachments: Zoning Map H :~P LN -D IR\ERMA\WO RD~ZONKPTS\C0202-02AREP ORT.DOC R-tB R-tB F-R TRACT1 R-lB AT e-2^ TRACT2 -lB GULF OF MEXICO CASE C0202-02A czl'Y OF C{31~jS Q-a~ZSI'~, TEXAS NI.I~-C~ CO. PFI~ i 't'/l~RlC LOWEll BEACH FRONTAGE OR. dE AREA B City of Corpus Christi, Planning Def3artment, 08FEB02/AMF Planning Commission Minutes March 13, 2002 City of Corpus Christi: C0202-02A REQUEST: Annex to "R-lB" One-family Dwelling District on Tract 1 and "AT" Apartment- Tourist Dist*ict on Tract 2 being 230.23 acres out of the William Bryan Survey 606, Land Survey 24, located along the east side of State Highway 361, fronting the Gulf of Mexico and north of South Padre Island Drive. Mr. Saldafla provided a computerized slide illustration of the subject property and the surrounding area. Tract I of the subject property is publicly owned and Tract 2 of the subject property is also privately owned, totaling 230.23 acres. Tract 1, located south of Mustang Island State Park, is owned by Nueces County and is 221 acres with 4, 211 feet of beach frontage. Along the south boundary of Tract 1 is 9.23 acres Tract 2 that extends 2,010 feet along the beach frontage. State Highway 361 and Zahn Road provide access to Tract 1 and 2. Tract I is undeveloped and provides open space for public use. Under state statute, the county will continue its responsibility for maintenance of the Gulf Beach area after annexation. For areas that are publicly owned, it has been Staff and City Council's policy to recommend and approve an "F-R" District for those areas. Tract 2 is recommended for an "AT" District and would continue as a public beach area. Therefore, approval of the "F-R' District on Tract 1 and approval of an "AT" District on Tract 2. Commissioner Sween-McGloin asked about the sliver of property located on the zoning map. Mr. Saldafia said that the area is located within the dune protection area and cannot be developed. It is privately owned and in order to allow vendors, the "AT" District it is required. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Richter, to forward a recommendation of "FW' District on Tract 1 and an "AT" District on Tract 2. Motion passed with Pusley and Minas being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACTS TOTALING 230.23 ACRES, DESIGNATED AS AREA B, BY ZONING TRACT I AS "F-R" FARM-RURAL DISTRICT AND TRACT 2 AS "AT" APARTMENT- TOURIST DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed tracts totaling 230.23 acres, designated as Area B, Tracts 1 and 2, out of the William Bryan Survey 606, Land Survey 24, located along the east side of State Highway 361, fronting the Gulf of Mexico and north of South Padre Island Drive, as "F-R" Farm-Rural District on Tract I and "AT" Apartment-Tourist District on Tract 2. A metes and bounds description for Area B, Tracts 1 and 2 is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:~LEGLDIR~DOYLEDCU RTIS\MYDOCS~002~P&ZORDO2~ONEANNX,ORD\DDC~C020202.ANX.A. DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. City ~o may ,~ ~ -- Doyle D(~turtis Senior Assistant City Attorney H:~LEG-DI R~DOYLEDC U RTIS'~MYDOCS~002'~&ZORD02~ZONEANNX.ORD~DC~ZC020202.ANX.A. DOC METES AND BOUNDS (Nueces County Land South of Mustang Island) 221.00 acres, more or less, out of the William Bryan survey No. 606, A-45, described in Document No. 888926, Nueces County, Texas, Deed Records, located southwest of adjacent to Mustang Island State Park, and more particularly described as follows; BEGINNING AT A POINT, on the southeast right-of-way line of existing State Highway 361, the north comer of a 137.73 acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, for the west comer of the tract here-in described; THENCE, northeasterly with the southeast right-of-way line of said State Highway 361, its curves and its angles, to a point on the southwest boundary line of Mustang Island State Park, for a point on the present city limit line established by Ordinance No. 15415, dated March 19, 1980, and the north comer of this tract; THENCE, southeasterly, with said present city limit line, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a comer in present city limit line and the east comer of this tract; THENCE, southwesterly, with said present city limit line, to a point in line with the northeast boundary line of the aforementioned 137.73 acre tract, for the south comer of this tract; THENCE, northwesterly with the northeast boundary line of said 137.73 acre tract, to its north comer thereof for the POINT OF BEGINNING. C0202-02A TRACT 1 EXHIBIT A q METES AND BOUNDS (Beach Frontage north of Zahn Road) 9.23 acres, more or less,, out of the William Bryan survey No. 606, A-45, located southeast of and adjacent to a 137.73-acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, said 9.23-acre tract more particularly described as follows; BEGINNING AT A POINT, the intersection of the southwest boundary line of said 137.73-acre tract and the vegetation line along the Gulf of Mexico side of Mustang Island, a comer in the present city limit line establish by Ordinance No. 023889, dated December 28, 1999) for the southwest comer of the tract herein described; THENCE, northeasterly, with said vegetation line, the present city limit line, to a point on the southwest boundary line of a 221-acre tract, now or formerly owned by Nueces County, described in Document No. 888926, Nueces County, Texas, Deed Records, for the northwest comer of this tract; THENCE, southeasterly with the southwest boundary line of said 221-acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415, dated March 19, 1980, and the northeast comer of this tract; THENCE southwesterly, with said present city limit line, to a point in line with the southwest boundary line of the aforementioned 137.73-acre tract, for the southeast comer of this tract; THENCE, northwesterly with the southwest boundary line of said 137.73 acre tract, to a point on the vegetation line for the POINT OF BEGINNING. C0202-02A TRACT 2 EXHIBIT A /0 R-lB R-lB F-R R-lB AT TRACT 2 -lB GULF OF MEXICO CASE C0202-02A (3'fY OF COm~$ ~ TEXAS NLI~CE~ CO. PR(;:~'~ i V/ERIC LOWER BEACH FRONTAGE AREA B OR. 4gOOFL City of Corpus Christi, Planning Department, 08FEBO2/AMF EXI-iIBIT A Il Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACTS TOTALING 230.23 ACRES, DESIGNATED AS AREA B, BY ZONING TRACT I AS "R-lB" ONE-FAMILY DWELLING DISTRICT AND TRACT 2 AS "AT" APARTMENT-TOURIST DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, Mamh 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended with respect to the newly annexed tracts totaling 230.23 acres, designated as Area B, Tracts 1 and 2, out of the William Bryan Survey 606, Land Survey 24, located along the east side of State Highway 361, fronting the Gulf of Mexico and north of South Padre Island Drive, by zoning Tract 1 as "R-1 B" One-family Dwelling District and Tract 2 as "AT" Apartment-Tourist District. A metes and bounds description for Area B, Tracts 1 and 2 is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full fome and effect. H:\LEGiDIR~DOYLEDCU RTIS'tMYDOCS~.O02~P&ZORD02~ZON EAN NX.O R D\D DC~.C020202,ANX,B.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 10 April, 2002 James R. Bray, Jr. c tyA l,% // /7 /- Doyle ~.. (~rt~ v Senior Assistant City Attorney H:\LEG~D~R\D~YLED~URT~S~v1YD~S~2~2\P&Z~RD~2~Z~NEANN~RD\DDC~C~2~2~2~AN~B~D~C Page 3 of 3 Corpus Christi, Texas __day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR\DOYLEDCURTIS\MYDOCS~2002~P&ZORD02~ZONEAN NX.ORD\DDC~ZC020202.ANX.B.DOC -~- ~ . ~,~ AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 16, 2002) Case No. C0202-03A~ City of Corpus Christi: Zone newly annexed areas to an "R-lB" One-family Dwelling District on Nueces County Park No. 1 (Padre Balli Park), located on the e~5¢ide of South Padre Island Drive, south of Whitecap Boulevard. Planning Commission and Staff's Recommendation (03/13/02): Denial of the "R-lB" District, and in lieu thereof, approval of an "F-R" Farm-Rural District. Requested Council Action: Denial of the "R-lB" One-family Dwelling District, and in lieu thereof, approval of an "F-R" Farm-Rural District and adoption of the attached ordinance. Purpose of Request: Appropriate zoning for newly annexed area. Summary: The subject property is known as Padre Balti Park and is owned by Nueces County and consist of 195.92 acres that is under consideration for annexation and zoning. It functions as the Padre Balli County Park with 1.26 miles of beach fi'ontage, along the Gulf of Mexico. Within the subject area is the Padre Balli Park Road, the Bob Hall Pier and public beach access roads g4, 5 and 6. The property is east of South Padre Island Drive (Park Road 22), west of the Gulf of Mexico, north of Sea Pines Drive and south of Whitecap Boulevard. The subject property is located in an area known as Coastal Barrier Resources Act (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. The majority of the land area has public development improvement potential. Under state statute, the county will continue its responsibility for maintenance of the Gulf beach area after annexation. All other operations relative to the park will continue as the county's responsibility. Notification: On February 25, 2002, a newspaper notice was published in the Corpus Christi Caller-Times legal section. To date, there have been no comments supporting or opposing the proposed zoning. Director of Planning MG/MS/er Attachments: 1) Zoning Report 2) Planning Comnnssion Minutes 4) Ordinances H:~P LN-DIR\EKMA\WORD~AGENDM EM\C0202 -03AAGENDAMEMO.DOC Pages Page Pages 2-4 5 6-13 ZONING REPORT Case No.: C0202-03A Planning Commission Hearing Date: March 13, 2002 Map No.: D19B, D20A Applicant: City of Corpus Christi Legal Description/Location: Being 195.92 acres out of land encompassing what is known as the Padre Balli Park (Nueces County Park No. 1), located between South Padre Island Drive and the Gulf of Mexico, south of Whitecap Boulevard. Area of Annexation: Area C - 195.92 acres Proposed Zoning: "R- 1B" One-family Dwelling District Current Use of Property: Undeveloped land. Purpose of Request: Adjacent Zoning: Appropriate zoning designation on newly annexed territory. North - "B-2A" Barrier Island District and "A-2" Apartment House District South - "A-T" Apartment House District East - "R-lB" One-family Dwelling District West - "B-2A" Barrier Island District (across Park Road 22) Adiacent Land Use: North - Commercial, single-family residences and undeveloped land. South - Horse stables, single-family residence, and undeveloped land. East - (across Park Road 22) Charter school, commercial, church and single-family residences. West - Gulf of Mexico. Number of Residential Units Allowed: "F-R" - 39 units (1 trait per 5 acres) "R-lB"-1,422.37 units (7.26 dwelling unit per acre on 195.92 acres) Zoning Report Case No. C0202-03A (City of Corpus Christi) Page 2 Estimated Traffic Generation: "F-R" - Single-family residences: 10 average weekday vehicle trip ends per dwelling unit x 39 dwelling units = 390 average weekday vehicle trip ends. "R-lB" - Single-family residences: 10 average weekday vehicle trip ends per dwelling unit x 1,422 dwelling units = 14,223 average weekday vehicle trip ends. Adiacent Streets/Classification: a) South Padre Island Drive (Park Road 22) - rural arterial Zoning History of Propert3,: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In November 2001, 1,281 acres south of Sea Pines Drive and to the east of the Laguna Madre was annexed and zoned with an "R-1B/SP" for a mixed use development on 754 acres; an "AT/SP" for a mixed use development on 476 acres and an "AT" District on 51 acres," Planning Staff Analysis: The subject property is own by Nueces County and consist of 195.92 acres that is under consideration for annexation and zoning. It functions as the Padre Balli County Park with 1.26 miles of beach frontage, along the Gulf of Mexico. Within the subject area is the Padre Balli Park Road, the Bob Hall Pier and public beach access roads g4, 5 and 6. The property is east of South Padre Island Drive (Park Road 22), west of the Gulf of Mexico, north of Sea Pines Drive and south of Whitecap Boulevard. The subject property is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. The majority of the land area has public development improvement potential. Under state statute, the county will continue its responsibility for maintenance of the Gulf beach area after annexation. All other operations relative to the park will continue as the county's responsibility. Staff Recommendation: Denial of the "R-I B" One-family Dwelling District, and in lieu thereof, approval of the "F-R" Farm_ Rural District. Attachments: H:Lv LN- DIRGE RMA\WORD~ZONRPTS \C0202.03 AKEPORT.DOC Zoning Map R-lB B-2 R-lB SP AT/ R-lB PADRE BALU COUNTY PARK GULF OF MEXICO CASE C0'202--03A ~ OF corn,us cHP-z~, Tm(AS AREA C City of Corpus Christi, Planning Department, 08FEBO2/AMF Planning Commission Minutes March 13, 2002 City of Corpus Christi: C0202-03A REQUEST: Annex to "R-lB" One-family Dwelling District on property described as being 195.92 acres out of land encompassing what is known as the Padre Balli Park (Nueces County Park No. 1 ), and located between South Padre Island Drive and the Gulf of Mexico, south of Whitecap Boulevard. Mr. Saldafla provided a computerized slide illustration of the subject property and the surrounding area. The subject property is owned by Nueces County and consists of 195.92 acres that is under consideration for annexation and zoning. It functions as the Padre Balli County Park with 1.26 miles of beach fxontage, along the Gulf of Mexico. Within the subject area is the Padre Balli Park Road, the Bob Hall Pier and public beach access roads #4, 5 and 6. The property is east of South Padre Island Drive (Park Road 22), west of the Gulf of Mexico, north of Sea Pines Drive and south of Whitecap Boulevard. The subj6ct property is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. The majority of the land area has public development improvement potential. Under state statute, the county will continue its responsibility for maintenance of the Gulf beach area after annexation. All other operations relative to the park will continue as the county's responsibility. For areas that are publicly own, it has been Staff and City Council's policy to recommend and approve a "R-lB" One-Family Dwelling District for those areas. Therefore, the appropriate zoning classification for the subject property is a "R-lB" One-Family Dwelling District. Therefore, staff's recommendation is for approval of the rezoning request. Chairman Berlanga opened the public hearing. No one appeared ia favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation of "F-R" District on the property. Motion passed with Pusley and Mims being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACT TOTALING 195.92 ACRES, DESIGNATED AS AREA C, BY ZONING AS "F~R" FARM- RURAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed tract totaling 195.92 acres, designated as Area C, known as Nueces County Park No. 1 (Padre Balli Park), located on the east side of South Padre Island Drive, south of Whitecap Boulevard, 'as a "FR" Farm-Rural District. A metes and bounds description for Area C, is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~-EG-DI R~DOYLEDCURTIS'dvlYDOCS~2002~P&ZORD02~O NEAN NX.ORD~DDC~ZC020203.ANX.A.DOC Page 2 of 3 SECTION S. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. Doyle D(.~urtis Senior A~sistant City Attorney H:~.EG-DI R~DOYLEDC URTIS~v~YDOCS~002~P&Zo RD02~ZON EANNX.ORD\DDC~ZC020203.ANX.A. DOC METES AND BOUNDS (Padre BalH County Park) 195.92 acres, more or less, out of the Nicolas & Juan lose Balli survey, A-1998, located.south of and adjacent to County Access Road No. 4, and east of and adjacent to Park Road 22, andmore particularly described as follows; BEGINNING AT A POINT, the intersection of .the northeast boundary line of a 37-acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records and the east fight-of-way line of existing Park Road 22 (South Padre Island Drive), for a comer in the present city limit linc as established by Ordinance No. 024694. Dated December 31, 2001, and the southwest comer of the tract here-in described; THENCE northerly with the east right-of-way line of said Park Road 22, its curves and its angles (the same being the present city limit line) to a point on the north right-of-way line of Access Road No. 4, for a comer in said present city limit line, the northwest comer of Padre Balli County Park and the northwest comer of this tract; THENCE easterly with the north right-of-way line of said Access Road No. 4, the present city limit line, to a point on the 1.37-foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415. Dated March 19, 1980, and the northeast comer of this tract; THENCE southwesterly with said present city limit, to a point in line with the northeast boundary line of the afore-mentioned 37-acre tract, for the southeast comer of this tract; THENCE northwesterly, leaving said present city limit line, with the northeast boundary line of said 37-acre tract, to a point on the east fight-of-way line of Park Road 22, for the POINT OF BEGINNING. C0202-03A R-'lB B-2 R-lB SP R-lB GULF OF MEXICO · CASE C0202-03A ~ OF COm~JS CHms'rz, TEXAS AREA C OR, City of Corpus Christi, Planning Department, 08FEBO2/AMF 4~IIE EXHIBIT A Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACT TOTALING t95.92 ACRES, DESIGNATED AS AREA C, BY ZONING AS "R-tB" ONE- FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed tracts totaling 195.92 acres, designated as Area C, known as Nueces County Park No. I (Padre Balli Park), located on the east side of South Padre Island Drive, south of Whitecap Boulevard, as a "R-1 B" One-family Dwellingl District. A metes and bounds description for Area C, is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~LEG-DIR\DOYLEDCU RTIS~.IYDOCS~2002~P&ZORD02~ZON EANNX.ORD~DDC~C020203.ANX.B.DOC /O Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. Doyle D.~'urtis - Senior A~sistant City Attorney H :~-EG-DI R\DOYLEDCU RTIS~IYDOCS~002~P&ZORD02~.ON EANNX. ORD~DDC~ZC020203.ANX.B.DOC /I METES AND BOUNDS (Padre Balli County Pa,k) 195.92 acres, more or less, out of the Nicolas & Juan Jose Balli survey, A-1998, located.south of and adjacent to County Access Road No. 4, and east of and adjacent to Park Road 22, and more particularly described as follows; BEGINNING AT A POINT, the intersection of the northeast boundary line of a 37-acre tract . described in Document No. 1998050703, Nueees County, Texas Deed Records and the east right-of-way line of existing Park Road 22 (South Padre Island Drive), for a comer in the present city limit line as established by Ordinance No. 024694. Dated December 31, 2001, and the southwest comer of the tract here-in described; THENCE northerly with the east right-of-way line of said Park Road 22, its cUrVes and its angles (the same being the present city limit line) to a point on the north right-of-way line of Access Road No. 4, for a comer in said present city limit line, the northwest comer of Padre Balli CountyPark and the northwest comer of this tract; THENCE easterly with the north right-of-way line of said Access Road No. 4, the present city limit line, to a point on the 1.37-foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415. Dated March 19, 1980, and the northeast comer of this tract; THENCE southwesterly with said present city limit, to a point in line with the northeast boundary line of the afore-mentioned 37-acre tract, for the southeast comer of this tract; THENCE northwesterly, leaving said present city limit line, with the northeast boundary line of said 37-acre tract, to a point on the east right-of-way line of Park Road 22, for the POINT OF BEGINNING. C02'02-03A EXHmIT A R-lB B-2 R-lB SP ~ O~J- R-lB GULF OF MEXICO OR. AREA C City of Corpus Christi, Planning Department, 08FEBO2/AMF EXHIBIT A · '! " ' r AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 16, 2002) Case No. C0202-04A~ City of Corpus Christi: Zone newly annexed areas to an "AT" Apartment Tourist District on Gulf of Mexico beach fi'ontage, 200 feet wide and 9,618 feet long, located east of Park Road 22, south of Sea Pines Drive. Planning Commission and Staffs Recommendation (03/13/02): Approval of the "AT" District. Requested Council Action: Approval of the "AT" Apartment Tourist District and adoption of the attached ordinance. Purpose of Request: Appropriate zoning for newly annexed area. Summary: The subject property, known as Area D is privately and publicly own. From the south boundary line of Padre Balli County Park for approximate 1,232 feet south, the subject property is owned by the Walters Estate. The Jones Estate owns the subject property from the south boundary line of the Walters Estate for an approximate distance of 7,886 feet. From the Jones Estate south boundary line for a distance of 500 feet the subject properW is own by the General Land Office (GLO). Area D comprises approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south property line of Padre Balli County Park to a point 500 feet south of the south property line of the Lawrence Jones property. The strip width extends westward from the city limit line on the Gulf of Mexico shoreline, 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 of the Gulf of Mexico shoreline. The subject property is within Nueces and Kleberg County. The subject property is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Most of the subject property along the shoreline is within the wetlands and has limited development potential, while the area along the vegetation line has preferred development potential. The Jones Estate has indicated to staff through memorandum dated November 29, 2001 for staff to proceed with the annexation of the public beach area adjacent to the Jones property. Within the memorandum it further states "... that the level of beach cleaning and maintenance...will remain at a minimal level until the development of our adjacent property takes place." After reviewing the Jones memorandum, staff concurs with the Jones request. (See attached memo) Kleberg County also agrees that beach cleaning levels should be at minimal levels until the adjacent property is developed. Staff also agrees that the Walters property be maintained at a minimal level until adjacent property is developed. Stafftypically has supported the "AT" District along shoreline areas of the Gulf of Mexico for tourist development. Notification: On February 25, 2002, a newspaper notice was published in the Corpus Christi Caller-Times legal section. To date, there have been no comments supporting or opposing the proposed zoning. Director of Planning Agenda Memorandum Case No. C0202-04A (City of Corpus Christi) Page 2 MG/MS/er Attachments: 1) Zoning Report 2) Planning ConUmssion Minutes 4) Ordinance Pages Page Pages 3-7 8 9-12 H :\PLN-D IR\EILMA\WORD~AGENDM EM\C0202-04AAGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: Proposed Zoning: Current Use of Property: Purpose of Request: C0202-04A March 13, 2002 D19B, D20A City of Corpus Christi Being a 200-foot wide tract of land along the Gulf of Mexico extending 9,618 feet south from the Padre Balli Park into Kleberg County, located east of Park Road 22 and south of Sea Pines Drive. Area of Annexation: Area D - 44.16 acres "AT" Aparlment Tourist District Undeveloped land. Appropriate zoning designation on newly annexed territory. Adjacent Zoning: North, South - Out of City limits East - "R-lB" One-family Dwelling District West - "AT" Apartment- Tourist District and "AT/SP" Apartment-Tourist District with a Special Permit Adjacent Land Use: North - Padre Balli County Park. South - Undeveloped land. East Gulf of Mexico. West Undeveloped land. Zoning Report Case No. C0202-04A (City of Corpus Christi) Page 2 Number of Residential Units Allowed: "AT" -1,923 units (43.56 dwelling unit per acre on 44.16 acres) Estimated Traffic Generation: Single-family residences: I 0 average weekday vehicle trip ends per dwelling unit x 1,923 dwelling units = 19,236 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Not Applicable. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In November 2001, 1,281 acres south of Sea Pines Drive and to the east of the Laguna Madre was annexed and zoned with an "R-1B/SP" for a mixed use development on 754 acres; an "AT/SP" for a mixed use development on 476 acres and an "AT" District on 51 acres," Planning Staff Analysis: The subject property, known as Area D is privately and publicly own. From the south boundary line of Padre Balli County Park for approximate 1,232 feet south, the subject property is owned by the Walters Estate. The Jones Estate owns the subject property from the south boundary line of the Walters Estate for an approximate distance of 7,886 feet. From the Jones Estate south boundary line for a distance of 500 feet the subject property is own by the General Land Office (GLO). Area D comprises approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south property line of Padre Balli County Park to a point 500 feet south of the south property line of the Lawrence Jones property. The strip width extends westward from the city limit line on the Gulf of Mexico shoreline, to a point along the vegetation line, approximately 200 feet west of and generally parallel to the 1.37ofoot line above Mean Sea Level of the Gulf of Mexico shoreline. The subject property is within Nueces and Kleberg County. The subject property is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Most of the subject property along the shoreline is within the wetlands and has limited development potential, while the area along the vegetation line has preferred development potential. The Jones Estate has indicated to staff through memorandum dated November 29, 2001 for staff to proceed with the annexation of the public beach area adjacent to the Jones property. Within the Zoning Report Case No. C0202-04A (City of Corpus Christi) Page 3 memorandum it further states "... that the level of beach cleaning and maintenance...will remain at a minimal level until the development of our adjacent property takes place." After reviewing the Jones memorandum, staffconcurs with the Jones request. (See attached memo) Kleberg County also agrees that beach cleaning levels should be at minimal levels until the adjacent property is developed. Staff also agrees that the Walters property be maintained at a minimal level until adjacent property is developed. Staff typically has supported the "AT" District along shoreline areas of the Gulf of Mexico for tourist development. Staff Recommendation: Approval. Attachments: Zoning Map Jones memorandum H:~PLN-DIR~ERMA\WORD~ZONRPTS\C0202-04ACCREPORT.DOC R-lB O.CJ_ R-lB / R'IB R-lB/ SP / / R-lB GULF OF MEXICO 'CASE C0202-04A ct'ri' oF co~.Pus c~s~'L TEX~ OIL AREA D City of Corpus Christi, Planning Del3artment, 08FEBO2/AMF Attachment I. Property Owner Request for Annexation 2001 1201 Dear As tl~ owa~rs of t.~ 1,260,f7 ~ ~act of land lo~-__~_ south of ami adjace~ to thru Nuacea-Iile. ber~ Coual~ Li~ on Padre Island aad ~,~ partimllaziy cles~rJbed as I'raot 1 of At~.a C in the ~ A~,,~ca~iua l%,~,,~,.al, ~ ~ ~ ~ ~ We beI~we ~ tb~ '""""o_~oa o.t' ~ strip of !,-,,~ ~ b~l~ s~ve th~ publlo i~,~,e~ m~ p~de ~' ~ orderly dm, el .o?~-,~ of riga ~ and as Trustee ~,~t ca b~.!fof Visia Dd Mar h'xisation Compaay Planning Commission Minutes March 13, 2002 City of Corpus Christi: C0202-04A REQUEST: Annex to "AT" Apartment Tourist District on property described as being a 200-foot wide tract of land along the Gulf of Mexico extending 9,618 feet south from the Padre Balli Park into Kleberg County, and located east of Park Road 22 and south of Sea Pines Drive. Mr. Saldafia provided a slide presemation of the subject property and the surrounding area. He said that the subject property, known as Area D is privately and publicly own. From the south boundary line of Padre Balli County Park for approximate 1,232 feet south, the subject property is owned by the Walters Estate. The lones Estate owns the subject property fi.om the south boundary line of the Waiters Estate for an approximate distance of 7,886 feet. From the Jones Estate south boundary line for a distance of 500 feet the subject property is own by the General Land Office (GLO). Area D comprises approximately 44.16 acres and 9,618 feet of Gulf Beach fi'ontage, fi.om the south property line of Padre Balli County Park to a point 500 feet south of the south property line of the Lawrence Jones property. The strip width extends westward fi'om the city limit line on the Gulf of Mexico shoreline, 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 of the Gulf of Mexico shoreline. The subject property is within Nueces and Kleberg County. The subject properly is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Most of the subject property along the shoreline is within the wetlands and has limited development potential, while the area along the vegetation line has preferred development potential. The Jones Estate has indicated m staff through memorandum dated November 29, 2001 for staff to proceed with the annexation of the public beach area adjacent to the Jones property. Within the memorandum it further states "... that the level of beach cleaning and maintenance...will remain at a minimal level until the development of our adjacent property takes place." After reviewing the Jones memorandum, staff concurs with the Jones request. (See attached memo) Kleberg County also agrees that beach cleaning levels should be at minimal levels until the adjacent property is developed. Staff also agrees that the Walters property be maintained at a minimal level until adjacent property is developed. Staff typically has supported the "AT" District along shoreline areas of the Gulf of Mexico for tourist development and added that the "AT" Apartment-Tourist District is for potential vendors. Therefore, Staffrecommends approval of the zoning request. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Sween-McGloin, to forward a recommendation of "AT" Apartment-Tourist District. Motion passed with Mires and Pusley being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACT TOTALING44.16 ACRES, DESIGNATED AS AREA D, BY ZONING AS "AT" APARTMENT~OURIST DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, Mamh 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed tract totaling 44.16 acres, designated as Area D, being a 200-foot wide tract of land along the Gulf of Mexico extending 9,618 feet south from the Padre Balli Park into Kleberg County, located east of Park Road 22 and south of Sea Pines Drive, as "AT" Apartment-Tourist District. A metes and bounds description for Area D, is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:~LEG-DIR~DOYLEDCU RTIS~IYDOCS~002~&ZO RD02~ZONEANNX.ORD~DDC~ZC020204.ANX.A. DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. City ~mey~ /~ ~ ~ By: ~::~-~.,~J~/'~..~'~ ~ boyle D~-~j~i~- -- Senior A~stant Ci~ A~orney H:~LEG-DIR~DOYLEDCU RTIS'~vIYDOCS~2002~P&ZORD02~ZONEAN NX.ORD'tDDC~ZC020204,ANX.A.DOC METES AND BOUNDS (Jones, Walter and GLO Beach Frontages) 44.16 acres, more or less, consisting of a part of an 18.07 acre tract described in Document No. 840580, Nueces County, Texas, Deed Records, a part of a 37 acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records, a part of a 1260.57 acre tract out of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records and a portion of beach frontage extending southwest 500 feet, more or less, from the southwest line of the aforementioned 1260.57 acre tract, said 44.16 acres of beach frontage, more particularly described as follows; BEGINNING AT A POINT on the vegetation line of the Gulf of Mexico side of Padre Island, a point which bears southwest, 500 feet from a comer on the present city limit line established by Ord. No. 024694, dated 12-31-01 (said comer being the point of intersection between the vegetation line and the southwest line of the aforementioned 1260.57 acre tract) for the southwest comer of the tract herein described; TI-IENCE northeasterly with the present city limit line, the vegetation line approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico, to a point on the northeast line of the aforementioned 37 acre tract, for a comer in the present city limit line and the northwest comer of this tract; THENCE southeasterly with the northeast line of said 37 acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S;C. and G.S. datum of 1929, for a point on the present city limit line established by Ord. No. 015415, dated 3-19-80 and the northeast comer of this tract; THENCE southwesterly with said present city limit line, to a point in line with the point of beginning, for the southeast comer of this tract; THENCE northwesterly leaving said present city limit line at fight angles thereto, to a point on the vegetation line, for the point of beginning. EXHIBIT A ¢0202-04A / R-lB R-lB R-~B/ SP O.C.L R-lB / / R-lB GULF OF MEXICO ,C~.~E CO202-04A c~ oF a3P. pus c~ms'rz, ~ AREA D OR. 4~0E City of Corpus Christi, Planning Department, 08FEBO2/AMF EXt-IIBIT A 28 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 16, 2002) Case No. 0302-01~ Isla Properties: A change of zoning from an "R-lB" One-family Dwelling District to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 38, south half of Lot 14, located on the north side of Yorktown Boulevard, approximately 425 feet west of Scarlet Oak Drive. Planning Commission and Staff's Recommendation {03/13/02): Approval. Requested Council Action: Approval of the "RE" Residential Estate District and adoption of the attached ordinance. Purpose of Request: To develop single-family residential. Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "RE" Residential Estate District in order to develop the property with 1-acre residential lots. Development of the subject property is part of a larger development that includes the ten (10) acres to the north. The total development, known as Walking Oaks Subdivision, will contain eight, 1-acre lots and two, 4.5 acre lots. The proposed development will have direct access to Yorktown Boulevard, an arterial. It is estimated that the proposed ten (10) lots could generate 100 daily trip ends, which will not overburden Yorktown Boulevard. The proposed development is consistent with the existing developments to the north and east. These adjacent properties are currently zoned an "RE" District. Approval of the "RE" District would be an expansion of the adjacent "RE" District. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none were returned in opposition. The 20% rule is not in effect. Director Of planning (f MG/MS/er Attachments: l) Zoning Report Pages 2-7 2) Comments Received Page 8 3) Planning Commission Minutes Page 9 4) Ordinance Pages 10-11 ~'iii H:~P LN -DIR\ERMA\WORD~AGEN DMEM\0302-01 AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0302-01 March 13,2002 F17A, F17C Isla Properties Flour Bluffand Encinal Farm and Garden Tracts, Section 38, south half of Lot 14, located on the north side of Yorktown Boulevard, approximately 425 feet west of Scarlet Oak Drive. 9.3845 acres Same as above. "R- 1B" One-family Dwelling District "RE" Residential Estate District Vacant land. To develop single-family residential. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of. Violation: Adjacent Zoning: North, East - "RE" Residential Estate District South, West - "R-lB" One-family Dwelling District Ad[aeent Land Use: North, South, West - Vacant land. East - Single-family residences. Zoning Report Case No. 0302-01 (Isla Properties) Page 2 Number of Residential Units Allowed: "R-1B" - 68 units (7.26 dwelling units per acre) "RE" - 9 units (1 dwelling unit per acre) Estimated Traffic Generation: Single-family residential - 10 average weekday vehicle trip ends per dwelling unit x 9 dwelling units = 90 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Yorktown Boulevard - arterial. Right-of-Way Design Current: a) 100-foot right-of-way with a 24-foot wide rural paved section. Planned: a) 100-foot right-of-way with a 76-foot back-to-back paved section. August 2001 Traffic Count {24-hour~ weekday~ non-directional}: a) 3,799 vehicles per day. Zonin~ History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezonlng activity in the area within the past five (5) yeoxs. Zoning Inventory: The subject property is part of 1,392.48 acres of land currently zoned an "R-IB" District that is predominantly used as agricultural land. Adjacent to the north and east, there are149.39 acres of land zoned an "RE" District that is developed with single-family residences on large lots. Southwest from the subject property, there is a 0.81 acre tract of land zoned a "B-I" District that is developed with a bar. Zoning Report Case No. 0302-01 (lsla Properties) Page 3 Planning Staff Analysis: General Characteristics and Back~round: The applicant has requested a change of zoning from an "R-1B" One-family Dwelling District to an "RE" Residential Estate District in order to develop the property with l-acre lots. Development of the subject property is part of a larger development that includes the ten (10) acres to the north. The total development known as Walking Oaks Subdivision, will contain 8, 1-acre lots and 2, 4.5 acre lots. The proposed development will have direct access to Yorktown Boulevard, an arterial. It is estimated that the proposed ten (10) lots could generate 100 daily trip ends, which will not overburden Yorktown Boulevard. Large lot development is permitted in the existing "R-lB" District, except that curbs, gutters and sidewalks would be permitted. It is the developer's intent to create a rural atmosphere that does not contain the aforementioned improvements. The proposed development is consistent with the existing developments to the north and east. These adjacent properties are currently zoned an "RE" District. Approval of the "RE" District would be an expansion of the adjacent "RE" District. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "RE" District. The Flour Bluff Area Development Plan recommends the area to develop with medium density single- family development with up to 7 dwelling units per acre. The requested "RE" District is consistent with the Plan's recommended land use and the proposed district permits one dwelling unit per acre. Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 68 units on the subject property. The proposed "RE" District permits a density of 1 unit per acre or nine (9) units on the subject property. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of not less than 25 feet and a side and rear yard setback of not less than five (5) feet each. The "RE" District requires a front yard setback of fifty(50) feet and a side and rear yard setback of 25 feet each. Buildings in both districts are permitted to have a height of 35 feet, not to exceed three (3) stories. Signage: Both, the "RE" and "R-lB" Districts are permitted one wall sign with an area not to exceed one square foot. Freestanding signs are not permitted. Traffic: The proposed single-family development that includes the subject property is estimated to generate approximately 100 daily trip ends. This amount of traffic accessing an arterial, Yorktown Boulevard, will have minimal effect on the street system. Parking/Screening: Residential development is required to provide 1.5 off-street parking spaces for each unit containing one bedroom or two (2) off-street parking spaces for each unit containing two (2) bedrooms or more. Since the proposed development is for detached Zoning Report Case No. 0302-01 (Isla Properties) Page 4 single-family residences, each lot will have to contain at least two (2) off-street parking spaces. Compliance with the off-street parking regulations will be required during the permitting phase of the development. Residential development is not required to screen. Costs to City: All of the infrastructure required to serve the proposed development will be at the developers expense. No cost to the City is anticipated. Platting: A proposed replat of the subject property has been reviewed and approved by the City. Pros: (Ideas in support of the request.) a) The requested "RE" District is consistent with the adopted Flour Bluff Area Development Plan's recommended land use. b) Approval of the requested "RE" District would allow the subject property to develop as a rural development. c) Approval of the requested "RE" District would be an expansion of the "RE" District to the north and east. Cons: a) Staff Recommendation: Attachments: __ (Ideas in support of maintaining the current zoning.) The existing "R-lB" District is more consistent with the adopted Flour Bluff Area Development Plan's recommended land use. Approval. Zoning and Ownership Map Ownership List H:~PLN-DIR\ERMA\WORD~ZONRPTS\0302-01REPORTDOC B-I FLOUR FARM ENCINAL TRACT GOLDEN OAKS FLOUR BLUFF & FARM & GARDEN 2 12 2 [] R-lB Feb 22, 2002 -AivF' CASE Z0302-01 RE R-lB Subject property - Property Owner in Favor Property Owner Opposed See Comments on Page(s) J ~ Owners within 200 feet liated on attoched ownership list~ OWNERSHIP LIST CASE NO. 0302-01 Applicant: Isla Properties c/o Jim Maixner) 15713 S. Padre Island Dr. 78418 Agent: Voss Engineering, Inc. c/o Ron Voss, Jr. 3756 Bratton Road 1 Z0302-01 064600000010 MARTIN ROYCE E 2001 YORKTOWN BOULEVARD CORPUS CHRISTI TX 78418 BERLET ADD LTS 1 & 2 2 Z0302-01 064600000030 JOHNSTON JIMMY B P O BOX 18279 CORPUS CHRISTI TX 78418 BERLET ADD LT 3 3 Z0302-01 064600000220 HELLMANN JOSEPH J ET UX DIANE 2015 YORKTOWN BLVD CORPUS CHRISTI TX 78418 BERLET ADD LTS 22 & 23 4 Z0302-01 247600381400 ISLA PROPERTIES INC 15522 CRUISER # B CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 20 ACS OUT OF LT 14 SEC 38 5 Z0302-01 247600381500 MARTIN ROBERT R P O BOX 6902 CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 10 ACS OUT OF E/2 OF LT 15 SEC 38 6 Z0302-01 247600381900 FICHTEL TRINI 1935 YORKTOWlq CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FILM GDN TRACT 14.3311 ACS OUT OF W POR LT 19 SEC 38 7 Z0302-01 247600382005 SMITH CAROL SYLVIA P O BOX 5254 AUSTIN TX 78763 FLOUR BLUFF & ENC FRM GDN TRACT LTS 30 & 31 SEC 38, 40 ACS 8 Z0302-01 852500000030 TUCKER BRYAN R 3746 SCARLET OAK DRIVE CORPUS CHRISTI TX 78418 SUMMER BREEZE ESTATES LT 3 9 Z0302-01 852500000040 WILLMAN E GREGG AND SUSAN L WILLMAN WFE 433 SKIPPER CORPUS CHRISTI TX 78418 SUMMER BREEZE ESTATES LT 4 10 Z0302-01 852500000050 GARCIA ROBERT G ET UX MELISSA 1220 AIRLINE RD #130 CORPUS CHRISTI TX 78412 SUMMER BREEZE ESTATES LT 5 11 Z0302-01 852500000060 GRAY DAVID AND KA1PO D GRAY WEE 1818 GREEN JAY'S COURT CORPUS CHRISTI TX 78418 SUMMER BREEZE ESTATES LT 6 12 Z0302-01 852500000110 HATTOY HENRY A AND SANDRA L HATTOY 1837 SUMMER BREEZE COURT CORPUS CHRISTI TX 78418 SUMMER BREEZE ESTATES LT S 11 &12 13 Z0302-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0302-01 247600381400 ISLA PROPERTIES INC 15713 S. PADRE ISLAND DR. CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 20 ACS OUT OF LT 14 SEC 38 Z0302-01 SUPERINTENDENT FLOUR BLUFF I.S.D. 2505 WALDRON ROAD CORPUS CHRISTI, TEXAS 78418 Z0302-01 FLOUR BLUFF BUSiNESS ASSN. P. O. BOX 181423 CORPUS CHRISTI, TEXAS 78418 Z0302-01 RON VOSS, JR. VOSS ENGINEERING, INC. 3756 BRATTON ROAD CORPUS CHRISTI, TEXAS 78413 COMMENTS RECEIVED FROM NOTICES MAILED CASE NO. 0302-01 Isla Properties · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 5) Robert R. Martin, P. O. Box 6902 78411 No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. HSPLN-DIR~ERMA\WORD\COMMDATA\0302-01 COMMENTS.DOC g Planning Commission Minutes March 13, 2002 Isla Properties: 0302-01 REQUEST: "R-lB" One-family Dwelling District to ,,RE,, Residential Estate District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 38, south half of Lot 14, located on the north side of Yorktown Boulevard, approximately 425 feet west of Scarlet Oak Drive. Mr. Saldafla presented a computerized slide illustration of the subject property and the surrounding area. He said that the subject property is part of 1,392.48 acres of land currently zoned an "R- IB'' District that is predominantly used as agricultural land. Adjacent to the north and east, there are 149.39 acres of land zoned an "RE" District that is developed with single-family residences on large lots. Southwest from the subject property, there is a 0.81 acre tract of land zoned a "B-I" District that is developed with a bar. The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "RE" Residential Estate District in order to develop the property with l-acre lots. Development of the subject property is part of a larger development that includes the ten (10) acres to the north. The total development known as Walking Oaks Subdivision, will contain 8, 1-acre lots and 2, 4.5-acre lots. The proposed development will have direct access to Yorktown Boulevard, an arterial. It is estimated that the proposed ten (10) lots could generate 100 daily trip ends, which will not overburden Yorktown Boulevard. Large lot development is permitted in the existing "R-lB" District, except that curbs, gutters and sidewalks would be permitted. It isthe developer's intent to create a rural atmosphere that does not contain the aforementioned improvements. The proposed development is consistent with the existing developments to the north and east. These adjacent properties are currently zoned an "RE" District. Approval of the "RE" District would be an expansion of the adjacent "RE" District. The Flour Bluff Area Development Plan recommends the area to develop with medium density single-family development with up to seven (7) dwelling units per acre. The requested "RE" District is consistent with the Plan's recommended land use and the proposed district permits one dwelling unit per acre. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Salazar, to forward a recommendation for approval of the rezoning request. Motion passed with Pusley and Mires being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ISLA PROPERTIES, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT '14, SECTION 38, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-I B" ONE-FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its repOrts and recommendations concerning the application of Isla Properties for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002 dudng a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 14, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, from "R-1B" One- family District to "RE" Residential Estate District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and ZOning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. ~J-EGAL~-AW``LEG-D~R~D~y~eDcurtisW~YD~cS~2~2~P&Z~RD~2~n~ng~rd~D~YLE~2~s~aPr~p~e~ties~Z~3~2~1A~rd~d~c /O Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. City P~ey Doyle D~urtis Senior A§sistant City Attorney ~EGAL~-AV~ALEG~D~R~D~y~eDcurt~s~YD~cS~2~P&Z~RD~2~Z~ning~rd~D~YLE~2~s~aPr~p~erties~Z~3~2~1A"~rd~d~c /I 29 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 16, 2002) Case No. 0302-02~ Oceanic Development~ Ltd.: A change of zoning from an "R-lA" One-family Dwelling District and "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "A-I" Apartment House District on Tract 2, on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 6.5 acres out of Lots I and 2, located on the north side of South Padre Island Drive, approximately 450 feet east of Rodd Field Road. Planning Commission and Staff's Recommendation (03/13/02): Approval. Requested Council Action: Approval of the "B-4' General Business District on Tract 1 and "A-I" Apartment House District on Tract 2 and adoption of the attached ordinance. Purpose of Request: To develop a retail center and multi-family residential. Summary: The applicant has requested a change of zoning on Tract 1 from "R-lA" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a retail establishment. On Tract 2 the applicant has requested a change of zoning from "R-1A" District and an "R-1B" One-family Dwelling District to an "A-I" Apartment House District to expand the existing 2-story apartment complex west of Tract 2. Tract 1 contains 1.2 acres and Tract 2 is 5.3 acres. Access to Tracts l and 2 is provided along the frontage road of South Padre Island Drive, an expressway. Tract 2 has additional access along McArdle Road, a collector street. Approval of the requested "B-4" District of Tract I would be an expansion on the adjacent "B-4" District to the east. Approval of the requested "A-I" District on Tract 2 would be an expansion of the adjacent "A-I" District to the nox~rh, east and west, and compatible with the townhouse development to the north, across McArdle Road, that is zoned "R-2" Multiple Dwelling District. Applicant's Position: The applicant concurs with Planning ComnUssion and Stall's recommendation. Notification: Prior to the date of this memorandum, seventy-four (74) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and foray-five (45) were returned in opposition. The owner of the subject property submitted a notice in favor. The 20¥0 rule is not in effect. Director of Planmng MG/MS/er Attachments: 1) Zoning Report Pages 2-20 2) Comments Received Pages 21-25 3) Planning Commission Minutes Pages 26-27 4) Ordinance Pages 28-31 H:~P LN-DIR\ERM A\WOKD~AGENDM EM\0302-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0302-02 March 13, 2002 H17C Oceanic Development, LTD. Flour Bluffand Encinal Farm and Garden Tracts, Section 28, being 6.5 acres out of Lots 1 and 2, located on the north side of South Padre Island Drive, approximately 450 feet east of Rodd Field Road. Area of Request: Lot(s) Area: Current Zoning: Request: 6.5 acres Same as above. "R-lA" One-family Dwelling District and "R- 1B" One-family Dwelling District Tract 1-"B-4" General Business District Tract 2 - "A-I" Apartment House District Undeveloped. Retail center and multi-family residential. Not applicable. Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North -"A-I" Apartment House District and (across McArdle Road) "R-1A/SP" One-family Dwelling District and "R-2" Multiple Dwelling District. South - "B-4" General Business District and (across South Padre Island Drive) "R-lB" One-family Dwelling District. East - "R-1B" One-family Dwelling District, "A-1" Apartment House District and "B-4" General Business District. West - "R- 1B" One-family Dwelling District. Zoning Report Case No. 0302-02 (Oceanic Development, Ltd.) Page 2 Ad,iacent Land Use: North - Undeveloped land and (across McArdle Road) townhouses. South - Undeveloped land and (across South Padre Island Drive) Undeveloped land. East - Coffee/Bar Shop and undeveloped land. West - Apartment complex. Number of Residential Units Allowed: "R-IA" and "R-lB" - 47.19 units (7.26 dwelling units per acre) -Tract 1 and 2. "A-1" -115 units (21.78 dwelling units per acre) - Tract 2. "B-4" -43 units (36.30 dwelling units per acre) - Tract 1. Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle lxip ends per 1,000 square feet of gross floor area (A.M. Peak Hour) x 10,596 square feet of gross floor area (average floor area per ITE Manual) = 431 average weekday vehicle trip ends. Apartment complex ~ 6.47 average weekday trip ends per dwelling unit x 115 dwelling units = 745 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) South Padre Island Drive - expressway McArdle - collector Right-of-Way Design Current: a) b) Variable right-of-way and pavement width. 60-foot right-of-way with a 28-foot wide rural paved section. Planned: a) b) Same as current. 70-foot right-of-way with a 48-foot back-to-back paved section. .Traffic Count (24-hour~ weekday~ non-directional): a) b) 14,269 vehicles per day (at South Padre Island Drive and Rodd Field Road). None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Zoning Report Case No. 0302-02 (Oceanic DeveLopment, Ltd.) Page 3 Recent Surrounding Zoning Cases: In February 2000, the property on the northwest comer of South Padre Island Drive and Ennis JoslIn Road, located east of the subject property, was granted a change of zoning from "R-1B" District to a "B-4" District for a fast food and convenience store. In December 1996, Lots 2, 3, 4, and 5, located on the north side of South Padre Island Drive and on the east side of Ennis Joslin Road and east of the subject property, were granted a change of zoning from "R-lB" District to "A-2" District on Lot 2 for apartments and "B-4" District on Lots 3, 4 and 5 for commercial development. Zoning Inventory: Tract 1 is a remaining "R-lA" District property with adjacency to approximately six (6) acres of land to the east that is zoned with a "B-4" District having frontage along the access road of South Padre Island Drive. The majority of the six (6) acre area is develop commercially with approximately one (1) acre remaining undeveloped. West of Tract 1 is approximately 6.5 acres of "A-I" District property developed as an apartment complex.. North of Tract 1 is an undeveloped area zoned with an "A-i" District. South of Tract 1, across South Padre Island Drive, is approximately 78 acres of undeveloped "R-lB" District property. At the southeast comer of South Padre Island Drive access road and Rodd Field Road is two (2) acres of"B-4" District property developed as a convenience store. East of Tract 2 is an undeveloped area consisting of approximately eight (8) acres that is zoned a "R-1B" District and a one and one-half (1.5) acre area that is zoned an "A-1" District that remains undeveloped. West of Tract 2 is an "A-I" District property that is developed with an apartment complex. North of Tract 2, across McArdle Road, is "R-2" District property developed as townhouses. South of Tract 2 is undeveloped "B-4" District property. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning on Tract 1 from "R-lA" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a retail establishment. The applicant's representative has indicated to staff that a sale is pending for Tract 1 subject to a change of zoning being approved. Once the purchase of the 1.2-acre property takes place the applicant plans to seek a retail user for the property. The majority of the "B-4" District property east of Tract 1 is developed with a variety of uses including coffee/bar shop, auto rentals and boat sales. A six (6) foot-screening fence would be required along the north and west boundary of the tract since residential adjacency exists. Tract 1 has access from the South Padre Island Drive, an expressway, with a fi'ontage road. Approval of the requested "B4" District would be an expansion on the adjacent "B-4" District to the east. A pending sale of Tract 2 is subject to a change of zoning from "R-lA" District and "R-lB" One-family Dwelling District to an "A-I" Apartment House District. Tract 2 is a 5.3 acre area that is east of an existing "A-I" District property that is developed as an apartment complex and is owned by the applicant. Subject to the change of zoning, the applicant plans to expand the existing 2-story apartment complex onto Tract 2 and on an one (1) acre area north of Tract 2 that is owned by the applicant and zoned with an "A-I" District. The "A-I" Zoning Report Case No. 0302-02 (Oceanic Development, Ltd.) Page 4 District has a density of 21.78 units per acre or possible 115 units on Tract 2, or 137 units on Tract 2 including the adjacent one (1) acre "A-I" District property to the north. As part of the adjacent apartment complex expansion, Tract 2 could have access from the frontage road of South Padre Island expressway and along McArdle Road, a collector to the north. Access to the property will not traverse a residential area. Property across McArdle Road, north of Tract 2, is develop as townhouses that are classified as multi-family uses. Approval of the requested "A-1" District would be an expansion of the adjacent "A-1" District to the north, east and west, and compatible with the townhouse development to the north, across McArdle Road, that is zoned "R-2" Multiple Dwelling District. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District on Tract 1 and "A- 1" District on Tract 2. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses along South Padre Island Drive frontage road. Residential development is supported along the areas south of McArdle Road near Rodd Field Road. The requested "A-I" and "B-4" Districts and proposed uses are consistent with the Plan's recommended land use. Potential Housing Density: "R-1A" and "R-lB" Districts permits a density of 7.26 dwelling units per acre or 47 units on Tract 1 and 2. The "A-I" District allows 21.78 units per acre or 115 units on Tract 2. The "B-4" District permits a density of 36.30 dwelling units per acre or 43 units on Tract 1. With direct access to an arterial and an expressway, the increased in density will not adversely affect the surrounding area. Height/Bulk/Setbacks/Etc.: "R-IA" and "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. The "A-I" District requires a front yard setback of twenty (20) feet with a side and rear yard of five (5) feet for single-family and duplex uses. Multi-family uses, (3 or more units), are to maintain a twenty (20) foot front yard setback and a rear and side setback often (10) feet for a one-story unit, plus an additional five (5) feet for each story over one, bm not to exceed 25 feet. The "B4" District requires a front yard setback of twenty (20) feet with no side or rear yard setback, unless adjacent to a residential district where a setback often (10) feet would be required. Since Tract I abuts a residential district along its north and west boundaries, a setback often (10) feet will be required along the prescribed boundary lines. Buildings in "R-lA" and "R-lB" Districts are limited to 35 feet in height not to exceed three (3) stories. The "A-I" District is limited to 45 feet in height not to exceed (3) stories. There are no building height limitations in the "B-4" District. Signage: Signs in the "R-IA" and "R-lB" Districts are limited to one wall sign not to exceed an area of one square foot. Signs in the "A-I" District with more than 100 feet of frontage, are permitted either one (1) wall sign with an area of forty (40) square feet or one (1) freestanding sign with a sign area of forty (40) square feet and a height often (10) feet. The "B-4" District permits unlimited wall and freestanding signs when located behind the front yard setback. Freestanding signs within the front yard setback are limited to one sign per street frontage with an area of forty (40) square feet and a height of 25 feet. Zoning Report Case No. 0302-02 (Oceanic Development, Ltd.) Page 5 Traffic: A retail center on Tract 1 would generate approximately 431 average weekday vehicle trip ends. Traffic would access the frontage road of the expressway, South Padre Island Drive, which carries 14,269 vehicles per day, at the Rodd Field intersection. An expansion of the apartment complex onto Tract 2 would generate an additional 745 average weekday vehicle trip ends. Access to the property could be provided from McArdle Road that is designated as a collector roadway or through the adjoining apartment complex that has access along the South Padre Island Drive frontage road. Thus, the potential increase in traffic would not adversely impact the area. Parking/Screening: A retail center on Tract 1 is required to provide off-street parking space for each 200 square feet of floor area. A 10,596 square foot building is required to provide at least fifty-three (53) parking spaces. The proposed apartment complex on Tract 2 is required to provide approximately 230 parking spaces at a ratio of two (2) parking spaces per two (2) bedroom unit. Compliance with the parking regulations will be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. Since Tract 1 has residential adjacency, a screening fence will be required along the north and west property line. Costs to City: Water and wastewater services are available to serve the needs of the subject property · Platting: Tracts 1 and 2 are unplatted and will require platting. Pros: (Ideas in support of the request.) a) Tract 1 has direct access to an expressway and Tract 2 a collector. b) The requested "A-I" and "B-4" Districts would be an extension of the adjacent "A-I" and "B-4" Districts to the north, east and west. c) The requested "A-I" and "B-4" Districts are consistent with the adopted Southeast Area Development Plan's recommended land use. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List HSPLN-DIR~EKMA\WORD~ZONRPTS\0302-02CCREPORT.DOC B-4 R-IA R-lB R-IB/SP PARK TOV/tHOMES R-IA A-I ROCK CREEK TOWNHOUSES A-I 1 T-lB I N TRACT R-lB A JOSL IN TRACT R-lB Mar 5. 2002 -- AMF' 50 CASE Z0302-02 · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) Subject property Owners within 200 feet listed on attached ownership list Applicant: Oceanic Development, Ltd. c/o Willard H. Hammonds, II 4418 Ocean Dr. 78412 1 Z0302-02 247600280019 OSHMAN INVESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT NE 1 AC OF E/2 OF LT 1 SEC 28 OWNERSHIP LIST CASE NO. 0302-02 1 Z0302-02 247600280020 OSHMAN INVESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT 5 ACS OUT OF W/2 OF W/2 OF LT 2 SEC 28 2 Z0302-02 247600280131 SMITH ROY TRUSTEE LENORA MAE SMITH TRUST P O BOX 8149 CORPUS CHRISTI TX 78468 FLOUR BLUFF & ENC FRM GDN TRACT 27.999 ACS OUT LTS 15 & 16 SEC 28 3 Z0302-02 383000010020 OCEAN HARBOR 4418 OCEAN DR CORPUS CHRISTI TX 78412 JOSLIN TRACT LT 1-A& 2 BK A 4 Z0302-02 383000010040 WILLIAMS DERREST NEWTON 7034 HATHOR CORPUS CHRISTI TX 78412 JOSLIN TRACT LT 4-A BK A 5 Z0302-02 383000010045 TINOCO AMALIA & C E PONISH 5217 GREENBRIAR DR CORPUS CHRISTI TX 78413 JOSLIN TRACT LT 4-B & SW .51 AC OUT OF LT 5-DR BK A 6 Z0302-02 383000010054 lAY JENNIE LEE 7330 S PADRE IS CORPUS CHRISTI TX 78412 JOSLIN TRACT LT 5-C BK A 7 Z0302-02 383000010055 JEHOVAHS WITNESS 7333 McARDLE ROAD CORPUS CHRISTI TX 78412 JOSLIN TRACT LT 5-E BK A 7 Z0302-02 383000010056 JEHOVAHS WITNESS 7333 McARDLE ROAD CORPUS CHRISTI, TX 78412 JOSLIN TRACT LT 5-DR BK A 8C Z0302-02 130500010560 HALLIBURTON PATRICIA 56 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHOUSES UT Q 1 56 & UNDIV .8475 1NT IN COMM ELE 8C Z0302-02 130500010370 SMITH PATSY S 37 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T37 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010420 GRANTHAM PIESLEY ETUX JACQLrELINE 2976 JAPONICA CORPUS CHRISTI TX 78410 CARRIAGE PK TOWNE HOUSE UNIT S42 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010720 TRAGER MARY JOYCE AKA MARY JOYCE JAQUAY 72 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N72 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010810 SPROTI JOEL RANDAL PO BOX 981054 HOUSTON TX 77098 CARRIAGE PK TWN HOUSES UNIT M81& UND1V .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010860 PHAM MARY E 13749 HILLWOOD TRAIL CORPUS CHRISTI TX 78410 CARRIAGE PK TWN HOUSES UNIT L86 & UND1V .8475 INT IN COMMON ELEMENTS Ownership List Case No. 0302-02 (Oceamc Development, Ltd.) Page 2 8C Z0302-02 130500020980 HALLIBURTON PATRICIA & TROY SCOTT HALLIBURTON 112 GEORGIA PLACE PORTLAND TX 78374 CARRIAGE PK TWNHSE UT F 98 & UNDIV .8475 1NT IN COMM ELE BK 2 8C Z0302-02 130500021090 TREVINO CHARLES ETUX MICA 109 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT H 109 & UNDIV .8475 1NT 1N COMM ELE BK 2 8C Z0302-02 130500021110 ASKEY LLOYD AND FLORENCE ASKEY 111 TOWNHOUSE LANE CORPUS CHRISTI TX 78411 CARRIAGE PK TWNItSE UNIT H111 & UNDIV .8475 1NT IN COMM ELE BK2 8C Z0302-02 130500010320 SAMII MARK A E~IX JEANNE 16027 ENCINO VIE JO SAN ANTONIO TX 78232 CARRIAGE PK TOWNE HOUSE UNIT T32 & UNDIV .8475 1NT COMMON ELE BK I 8C Z0302-02 130500010640 BARNARD DAVID W ET UX JANE E 7202 MCARDLE RD #64 CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT 064 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010070 ANZALDUA PETER N ETUX NAN 7 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT Y7 & UNI)IV .8475 INT COMMON ELE BK I 8C Z0302~02 130500010740 HILL R PUTNAM ET UX LUCY BOX 8130 CORPUS CHRISTI TX 78468 CARRIAGE PK TOWNE HOUSE UNIT N74 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500021010 REILLY BERNEICE H 101 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT F 101 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500010730 lIARWELL NANCY C 73 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N73 UNDIV .8475 COMM ELEM BK 1 8C 7_,0302-02 130500010340 HERZOG JACK AND MERLE HERZOG 34 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T34 & UNDIV .8475 INT COMMON ELE BK I 8C Z0302-02 130500010670 BURRIOLA VALENT1NO JR ETU KENRETTA J 67 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT 067 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500021020 JOHNSON JUDITH ANN 102 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT F 102 & UND1V .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500010750 PENNINGTON LEABURN O AND MARIE PENNINGTON 75 TOWN'HOUSE LANE CORPUS CHRISTI TX 78412 CARRAGE PK TOWNE HOUSES N 75 LrND 1.042 INT COM ELEMENTS 8C Z0302-02 130500010280 CAPPS FREDERICK M ETUX TH 28 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT U28 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010780 BETTS ELIZABETH H Unset 78 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M78& UND1V .8475 INT IN COMMON ELEMENTS Ownership List Case No. 0302-02 (Oceamc Development, Ltd.) Page 3 8C Z0302-02 130500010840 ROBINSON IRIS 84 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M84 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010870 MEERD1NK GLORIA DIANE OLI PO BOX 644 OURAY CO 81427 CARRIAGE PK TWN HOUSES UNIT L87 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010940 SMITH JAMES H AND JIMMIE LIVING TRUST 94 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT K94 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010950 WILLIAMS IRENE M 111 NATIVE OAK INGRAM TX 78025 CARRIAGE PK TWN HOUSES UNIT K95 & UNDIV .8475 1NT IN COMMON ELEMENTS 8C Z0302-02 130500010960 GADELL MICHAEL L ETUX DIANE B 96 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT K96 & LrNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500021150 RICHARDSON KRIS L AND RUBY SALAZAR-RICHARDSON 115 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT J 115 & UND1V .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500010040 NELSON BETTIE R TRUSTEE NELSON FAMILY REVOC. LVG. 4 TOWN HOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE LIN Z4 UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010180 MICHAUD DARLY L ETUX DONN 18 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT W18 & UNDIV .8475 INT COMMON ELE BK t 8C Z0302-02 130500010690 SASSMAN JOE M ETUX FAY R 69 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N69 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500020970 WILSON EUGENE AUSTIN TRUS 97 TOWNSHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UNIT F97 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500010470 INMOBILIARIA MACREEL S.A. SANCTORUM NO 86 A COL. NUEVA ARGENTINA MEXICO,D.F. CP 11230 CARRIAGE PK TWN HOUSE UN R47 UND .8475 INT IN COMM ELE BK 1 8C Z0302-02 130500010480 NANCE FRANK N ETUX MARGAR TRS OF NANCE FAMILY TRUST 48 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R48 UND .8475 INT IN COMM ELE BK 1 8C Z0302-02 130500010530 MORRISON LINDA K, 53 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRAIGE PK TWNHOUSES UT Q 2 53 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010010 HUTCHINSON ROSA S #1 THOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UN Z1 UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010020 ETHERIDGE JOHN M ETUX FRANCES M ETHERIDGE 7202 McARDLE RD APT 2-Z CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UN Z2 UNDIV .8475 1NT COMMON ELE BK 1 Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 4 8C Z0302-02 130500010030 OFFUTT ELIZABETH W #3 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UN Z3 UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010050 RAWLINGS NELLIE B #5 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UN Z5 UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010080 LORD SONJA E #8 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT Y8 & UNDIV .8475 IlqT COMMON ELE BK I 8C Z0302-02 130500010100 KELLY MAENELL ORIGINAL TR MAENELL KELLY LIVING TRUS 10 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT Y10 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010110 ' BASKIN CHARLES L ETUX 11 TOWNHOUSE LANE CORPUS CHILISTI TX 78412 CARRIAGE PK TOWNE HOUSE UN X11 UNDIV .8475 1NT COMMON ELE BK 1 8C Z0302-02 130500010120 DENNIS DAVID L TRUSTEE OF THE DRB TRUST DATED 8-27- 3435 HALLIDAY SAINTLOUIS MO 63118 CARRIAGE PK TOWNE HOUSE LIN X12 UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010130 CORDER LINDA JANE 13 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HSE UNIT X 13 UNDIV .8475 INT COMM ELE 8C Z0302-02 130500010140 MORRISON MARJORIE M 14 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HSE UNIT X 14 UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010150 ASHFORD JACK A 15 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT W15 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010160 GARTLEY JAMES R ETUX SHARON KAY GARTLEY 16 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOW'NE HOUSE UNIT W16 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010170 PAINTER G BRIAN #~7 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT WI7 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010190 ROSS MONA 19 TOWNE HOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT W19 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010200 BELL JULIA BURTON 20 TOWNttOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT W20 & UNDIV .8475 [NT COMMON ELE BK 1 8C Z0302-02 130500010220 GERSMANN IB MICHAEL ETUX ERLA L 22 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT V22 & UNDIV .8475 INT COMMON ELE BK I 8C Z0302-02 130500010230 FADDEN CHARLES J & LOUISE M FADDEN WFE 23 TOWN HOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT V23 & UNDIV .8475 INT COMMON ELE BK 1 I! Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 5 8C Z0302-02 130500010240 LANGE GARLAND D ETUX BETT 7202 MC ARDLE RD CORPUS CHRISTI TX 78413 CARRIAGE PK TOWNE HOUSE UNIT V24 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010260 BARTLETT NELL TRIBBLE 4126 HARRY CORPUS CHRISTI TX 78411 CARRIAGE PK TWN HOUSES UNIT U26 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010270 MARCY LOUISE M 27 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT U27 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010290 KNIGHT RONALD REDELL ETUX MARILYN KNIGHT 29 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UT U 29 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010300 NORMAN LILLIAN F 30 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT U30 & UNDIV .8475 IN COMMON ELE BLK 1 8C Z0302-02 130500010310 MOORE RILEY E ETUX WINIFR CO-TRST OF MOORE TRUST 31 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T31 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010330 LAMBERT DORA LEE 33 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T33 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010350 SMITH GRETCHEN B 35 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T35 & UNDIV .8475 INT COMlvlON ELE BK 1 8C Z0302-02 130500010360 DOTY IVY L & LUCYLE Y DOT TRUST AGREEMENT DATED 6-1 36 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT T36 & UNDIV .8475 1NT COMMON ELE BK 1 8C Z0302-02 130500010380 SHAW EDWARD $ 38 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOW-NE HOUSE UNIT S38 & LrNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010390 LAFEBER E JEANNE 39 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNITS S39 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010400 BLANTON ROY L JR. ET UX 40 TOWNE HOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT 40 S UNDIV .8475 COMM ELEM BK 1 8C Z0302~02 130500010410 SWEATT LURA DUNN 41 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT S41 UND .8475 0/0 INT IN COM EL 8C Z0302-02 130500010430 CHRISTENA JEAN E 43 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT S43 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010440 TILLEY A D 44 TOWNE HOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT S44 UNDIV .8475 COMM ELEM BK I ti, Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 6 8C Z0302-02 130500010450 ZIMMER.MAN JE & MAURINE A ZIMMERMAN FAMILY LVG TRUS 45 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R45 UND .8475 INT IN COMM ELE BK I 8C Z0302-02 130500010460 WILKERSON RODNEY ET UX 46 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R46 UND .8475 INT IN COMM ELE BK 1 8C Z0302-02 130500010490 NICOL DOUGLAS W ET UX 49 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R49 UND .8475 INT 1N COMM ELE BK 1 8C Z0302-02 130500010500 BOYD W MONTE #50 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R50 UND .8475 INT IN COMM ELE BK 1 8C Z0302-02 130500010510 HAMILTON FAMILY LIVING TR 51 TOW3IHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSE UN R51 UND .8475 INT 1N COMM ELE BK 1 8C Z0302-02 130500010520 ZINK GARY M ETUX VIRGINIA 52 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRAIGE PK TWIN-HOUSES UT Q 2 52 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010540 HAMIS, ICK BILL D/B/A B.A. HAMRICK 54 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRAIGE PK TWNHOUSES UT Q 2 54 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010550 HOCH CHARLES FRANCIS JR E 55 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRAIGE PK TWNHOUSES UT Q 2 55 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010570 KOLLAJA MAY JEANETTE 57 TOWNHOUSE LANE CORPUS CHRISTI TX 78415 CARRAIGE PK TWNItOUSES UT Q 1 57 & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010580 DORAN LETHA M 58 TOWNI-IOUSE LANE CORPUS CHRISTI TX 78413 CARRakIGE PK TWNHOUSES UT Q 1 58 & UNDIV .8475 INT iN COMM ELE 8C Z0302-02 130500010600 PENNINGTON GERALD E ETUX LINDA K 60 TOWNHOUSE LANE CORPUS CHRISTI TX 78414 CARRIAGE PK TWN HOUSES UNIT P 60 & [YNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010620 COULSON DOLLY JO #62 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT P62 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010630 STEWART WINIFRED S 63 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT O63 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010660 MOELLER EDWARD H ET UX EVE 66 TOWN HOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES LrNIT 066 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010680 ZITZO FRANK T ETUX ELIZABETH C ZITZO 68 TOWNItOUSE LANE CORPUS CHRISTI TX 78413 CARRIAGE PK TWN HOUSES UNIT 068 & UNDIV .8475 ENT IN COMMON ELEMENTS 8C Z0302-02 130500010700 WRIGHT JAMES R ET UX 70 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N70 UNDW .8475 COMM ELEM BK 1 8C Z0302-02 130500010710 HIX GASTON W ET UX 71 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N71 UNDIV .8475 COMM ELEM BK 1 8C Z0302-02 130500010760 AUFORTH MARY ANN #76 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT N76 UNDIV .8475 COMM ELEM BK 1 Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 7 8C Z0302-02 130500010770 DURHAM RICHARD S 77 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M77 & UND1V .8475 1NT IN COMMON ELEMENTS 8C Z0302-02 130500010800 SIMPKINS CLARA 80 TOWNE HOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT MS0 & UNDIV .8475 INT COM ELEMENTS 8C Z0302-02 130500010820 SHANNON K B 82 TOWNE HOUSE LN coRPus CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M82 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010830 GARCIA LUCINDA J 83 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M83 & UNDIV .8475 INT COM ELEMENTS 8C Z0302-02 130500010880 GREE LOIS JANE 88 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT L88 & UNDIV .8475 INT 1N COMMON ELEMENTS 8C Z0302-02 130500010890 PONTON KENNETH A ET UX 89 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT L89 & UNDIV .8475 INT COM ELEMENTS 8C Z0302-02 130500010900 SMITH GERALD E AND BARBARA J SMITH 90 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT L90 & UND1V .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010930 HERD PATRICIA P % KATHRYN T PARKER 93 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT K93 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500020990 LINGENFELDER JOHN & MARGARIT L1NGENFELDER 99 TOWNHOUSE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT F 99 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021000 CROWELL CLIFFORD G ET UX 100 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE LIT F 100 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021030 SAMMAN WILLIAM D 103 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT G 103 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021040 RAY BURRIS M III 104 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT G 104 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021050 DEADMAN PATRICIA 105 TOWNHOUSE LN CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UTG 105 & LrlqD1V .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021060 KNIGHT OTTO G ETUX MARY F 106 TOWNItOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UNIT Gl06 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021070 SCHROT ROBERT G AND MARGARET JEAN SCHROT 107 TOWNItOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UNIT Gl07 & UND1V .8475 INT IN COMM ELE BK 2 I [ ' 1 Ownership List Case No. 0302-02 (Oceamc Development, Ltd.) Page 8 8C Z0302-02 130500021080 COTrON CECIL A & NAOMI A COTTON FAMILY LOVING TRUS 108 TOWN HOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT H 108 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021100 LEE MACK E ETLrX VICTORIA 110 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT H 110 & UNDIV .8475 1NT IN COMM ELE BK 2 8C Z0302-02 130500021120 CARLISLE CLYDE E ET UX 112 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UNIT H112 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021130 WEST JACK M ETUX FRANCES 113 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UN1T J113 & UNDIV .8475 Ii,IT IN COMM ELE BK 2 8C Z0302-02 130500021140 LA GRONE JAMES ET UX 70 ROCKCREEK DR CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UTJ 114 & UNDIV .8475 1NT IN COMM ELE BK 2 8C Z0302-02 130500021160 TWIJNSTRA WILLIAM 116 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UT J 116 & UNDIV .8475 INT IN COMM ELE BK 2 8C Z0302-02 130500021180 MACKLER RALPH H ETUX MARY LOU MACKLER ONE ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE UNIT J118 & UNDIV .8475 PERCENT INT IN CE BLK 2 8C Z0302-02 130500010060 CONOLLY SIDNEY M MD 3535 SANTA FE ST g41 CORPUS CHRISTI TX 78411 CARRIAGE PK TOWNE HOUSE UNIT Y6 & UNDIV .8475 INT COMMON ELE BK I 8C Z0302-02 130500010090 ANDERSON ALETHA DAVIS GUI 9 TOWN HOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT Y9 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010210 HOOD ETHEL 21 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT V21 & UNI)IV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010250 STILL JAMES C SR ETUX RET #25 CARRIAGE TOWNHOUSE LA CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT V25 & UNDIV .8475 INT COMMON ELE BK 1 8C Z0302-02 130500010590 INGRUM DOLORES J 59 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT P59 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010610 TEEL VIOLA I 61 TOWNHOUSE LANE CORPUS CHR/STI TX 78412 CARRIAGE PK TWN HOUSES UNIT P61 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010650 BOHANEK LAVON 65 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT 065 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010790 SCHIEFFER PATRICIA MARY 79 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT M79 & UNDIV .8475 INT IN COMMON ELEMENTS 8C Z0302-02 130500010850 TRADER GEORGE ETUX NELL 85 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT L85 & UNDIV .8475 INT IN COMMON ELEM 8C Z0302-02 130500010910 CALDCLEUGH MARY F 91 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TOWNE HOUSE UNIT Kgl & UNDIV .8475 INT IN COMM ELE 8C Z0302-02 130500010920 LOVE PEGGY 92 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWN HOUSES UNIT K92 & UNDIV .8475 INT IN COMMON ELEMENTS /~ Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 9 8C Z0302-02 130500021170 TISOVIC ALBERT J 117 TOWNHOUSE LANE CORPUS CHRISTI TX 78412 CARRIAGE PK TWNHSE LIT J 117 & UNDIV .8475 INT IN COMM ELE BK 2 9C Z0302-02 744500020280 NEWLIN C E JR ETUX MARGAR 28 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND [INIT 28 BLD G & 1/66 INT COM ELM 9C Z0302-02 744500020300 NADALIN FAMILY TRUST 30 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 30 BLD G & 1/66 INT COM ELM 9C Z0302-02 744500020310 ?ETEREK MARION E 31 ROCK CREEK DR CORPUS CIIRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 31 BLD H & 1/66 INT COM ELM 9C Z0302-02 744500020320 ARKWRIGHT JOHN L ET UX 32 ROCK CREEK CORPUS CHRISTI TX 78411 ROCK CREEK TOWNHOUSES COND UNIT 32 BLD H & 1/66 INT COM ELM 9C Z0302-02 744500Q20390 TALCOTT FREEDIE S ETAL 39 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UN1T 39 BLD J AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020400 TAYLOR DORIS S 40 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 40 BKD J AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020460 GROSSMAN ROBERT B & IRMA 46 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 46 BLD K AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030520 DE GUERRERO CARMEN J ET A 52 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 52 BLD M AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030590 VAUGHN DOROTHY M 59 ROCK CREEK CORPUS CHRISTI TX 78418 ROCK CREEK TOWNI-IOUSES COND UNIT 59 BLD O AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010070 HUFF HUBERT L 11 RIVIERA DR ROCKPORT TX 78382 ROCK CREEK TOWNHOUSES COND UNIT 7 BLD B AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020370 AMAYA KAFAEL ET UX FAKALLON 161 COL OEDREGAL DE SAN ANGEL MEXICO, D. F. 09100 MEXICO ROCK CREEK TOWNI-IOUSES COND UNIT 37 BKD I & 1/66 INT COM ELM 9C Z0302-02 744500020490 SPANUTIUS FAMILY PROPERTI 505 CORAL CORPUS CHI~ISTI TX 78411 ROCK CREEK TOWNHOUSES COND UNIT 49 BLD L AND 1/66 INT 1N COMMON ELEM 9C Z0302-02 744500030550 BARRERA RICARDO O 55 ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 55 BLD N AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020250 W1LLIAMSON DEBORAH ANN 25 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 25 BLD F & 1/66 INT COM ELM Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 10 9C Z0302-02 744500030640 HUMPHRIES BEN R ETUX PATS 64 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWN'HOUSES CONE) UNIT 64 BLD P AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030690 LESHIN JULIUS & PEARLIE C LESHIN LIVING TRUST 69 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 69 BLD R AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020470 LIEDEKER MORRIS JR P O BOX 81039 CORPUS CHRISTI TX 78468 ROCK CREEK TOWNHOUSES CONE) UNIT 47 BLD L AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020270 RUSHING JOHN C ETXU OLA C 27 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 27 BLD F & 1/66 INT COM ELM 9C Z0302-02 744500020420 STONEMAN OLGA PETERSON 42 ROCK CREEK DR CORPUS C-ItRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 42 BLD J AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020480 MARTINDALE LELA SANDLIN 48 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOV~NHOUSES COND UNIT 48 BLD L AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010090 EULENFELD PAMELA A CO-TR TESTMNTRY TR/u A C KIEL W P O BOX 243 THORN]DALE TX 76577 ROCK CREEK TOW]WttOUSES COND UNIT 9 BLD C AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030570 WILKERSON WALLACE R 57 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 57 BLD N AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500010040 WASHINGTON MUTUAL BANK FA SUCCESSOR TO BANK UNITED 3200 SOUTH',rEST FREEWAY PT HOUSTON TX 77027 ROCK CREEK TOWNHOUSES COND UNIT 4 BKD A AND 1/66 INT 1N COMMON ELEM 9C Z0302-02 744500010100 GREENE MARGARET M TRUSTEE THOMAS J GREENE TRUST 418 CAPE LOOKOUT DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWN'HOUSES COND UNIT 10 BLD C AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010110 ROBERTS THOMAS I ETUX MARION ADELAIDE ROBERTS 3202 DOW CIR DEERPARK TX 77536 ROCK CREEK TOWi',R-IOUSES COND UNIT 11 BLD D AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030650 JONES BARBARA JEAN 28923 SAN SOLARIE MISSION V1EJO CA 92692 ROCK CREEK TOWNHOUSES COND UNIT 65 BLD P AND 1/66 1NT IN COMMON ELEM 9C 7_,0302-02 744500030670 ELMORE VERNON O & PEGGY F ELMORE FAMILY TRUST 67 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNItOUSES COND UNIT 67 BLD Q AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010010 MACKLER RALPH H ETUX MARY LOU MACKLER ONE ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 1 BLD A AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010020 SPENCER ROY W ETUX MARTHA #2 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNI-IOUSES COND UNIT 2 BLD A AND 1/66 INT IN COMMON ELEM Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 1 l 9C Z0302-02 744500010030 URBAN NORMA RHODES #3 ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 3 BLD A AND 1/66 1NT 1N COMMON ELEM 9C Z0302-02 744500010050 LANGDON INGRID 5 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 5 BLD B AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010060 HERBERT FREDRICK JOSEPH NO 6 ROCK CREEK BLDG B CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 6 BLD B AND 1/66 INT 1N COMMON ELEM 9C Z0302-02 744500010080 TUCKER THOMAS JOSEPH ETUX JACQUELYN 8 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 8 BLD C AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010120 HOSK1NS ROSEANNE 12 ROCKCREEK RD CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 12 BLD D AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010130 MAYO VIRGINIA 13 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 13 BLD D AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010140 BROWNSTEIN J R ET UX 14 ROCKCREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 14 BLD D AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010150 HAMMERICK JOHN MARTIN ET 15 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 15 BLD E AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010160 PEEVEY NATHAN B & DORIS S REVOCABLE LIVING TRUST #16 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 16 BLD E AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500010170 LILES V E AND ANN S REVOCABLE LIVING TRUST 17 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 17 BLD E AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500010180 GUSTAFSON A W ET UX 18 ROCKCREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 18 BLD E AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020240 MCJUNKIN LEON C ETUX ALEX 224 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 24 BLD F 1/66 INT COM ELM 9C Z0302-02 744500020260 PITTMAN DOROTHY L 26 ROCK CKEEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNI-IOUSES COND UNIT 26 BLD F & 1/66 INT COM ELM 9C Z0302-02 74~500020290 SHACKELFORD ROBERT H JR E FANCHONE N SHACKELFORD 29 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 29 BLD G & 1/66 INT COM ELM 9C Z0302-02 744500020330 BARTON PATTEE C 33 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 33 BLD H & 1/66 INT COM ELM Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 12 9C Z0302-02 744500020340 SHOEMAKER LORINE M #34 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 34 BLD H & 1/66 INT COM ELM 9C Z0302-02 744500020350 DIEDRICHS ADELE M #35 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 35 BLD I & 1/66 INT COM ELM 9C Z0302-02 744500020360 KEELING MAUDE W 36 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 36 BK I & 1/66 INT COM ELM 9C Z0302-02 744500020380 PONTON JACK R 38 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 38 BLD I & 1/66 INT COM ELM 9C Z0302-02 744500020410 SCHIEFFER JENNIFER LEE 41 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 41 BLD J AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020430 GRAFFORD JEANNE ANNE 43 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 43 BLD K AND 1/66 INT 1N COMMON ELEM 9C Z0302-02 744500020440 CROSS WILTON RAY AND BETTY D CROSS 44 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 44 BLD K AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500020450 KELL HELEN L 45 ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 45 BLD K AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500020500 JONES MILTON V 50 ROCK CREEK DR CORPUS CH1LISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 50 BLD L AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030510 HAGER DE ANN P O BOX 8197 CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 51 BKD M AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500030530 BUCHANAN MARY ANN 53 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 53 BLD M AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030540 GILLESPIE FRED #54 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNtIOUSES COND UNIT 54 BLD M AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030560 RAY GRETCHEN R #56 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 56 BLD N AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500030580 MC KINLEY R E 58 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 58 BLD N AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500030600 HART GEORGE A JR ETUX GAN 60 ROCK CREEK DRIVE CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 60 BLD O AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030610 WrNSTON LLOYD G ETUX ELOI 61 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 61 BLD O AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030620 SIS'LEY NINA MAE 62 ROCK CREEK DR CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 62 BLD O AND 1/66 1NT IN COMMON ELEM 9C Z0302-02 744500030630 SWEENEY KEVIN ET UX 7324 MC ARDLE #63 CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 63 BLD P AND 1/66 INT IN COMMON ELEM Ownership List Case No. 0302-02 (Oceanic Development, Ltd.) Page 13 9C Z0302-02 744500030660 SIZEMOKE MARSHALL A 66 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 66 BLD Q AND 1/66 1NT 1N COMMON ELEM 9C Z0302-02 744500030680 SEEVERS JO ANN W 68 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 68 BLD Q AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030700 LA GRONE FREEDA H 70 ROCK CREEK CORPUS CHRISTI TX 78412 ROCK CREEK TOWNHOUSES COND UNIT 70 BLD R AND 1/66 INT IN COMMON ELEM 9C Z0302-02 744500030710 REDUS SAMUEL T ETUX 71 ROUND CREEK DR CORPUS CHRISTI TX 78412 ROCK CKEEK TOWNHOUSES COND UNIT 71 BLD RAND 1/66 [NTIN COMMON ELEM 10 Z0302-02 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TX 78412 SP Z0302-02 247600280017 OSI-]~VIAN INVESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & E/qC FRM GDN TRACT 1.989 ACS OUT OF SE~2 OF SE 4 ACS LT 1 SEC 28 SP Z0302-02 247600280020 OSHMAN YNVESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT 5 ACS OUT OF W/2 OF W/2 OF LT 2 SEC 28 SP Z0302-02 247600280017 OSHMAN INVESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRaM GDN TRACT 1.989 ACS OUT OF SE/2 OF SE 4 ACS LTI SEC 28 SP Z0302-02 247600280018 OSI-IMA~ 131VESTMENTS LTD 4350 OCEAN DR CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FILM GDN TRACT 1.989 ACS OUT OF NWl2 OF SE 4 ACS LT 1 SEC 28 Z0302-02 CHARLES IRWIN, PRESIDENT PHARAOH VALLEY NEIGHBORHOOD ASSN. P. O. BOX 81032 CORPUS CHRISTI, TEXAS 78412 Z0302-02 JERRY WAGNER SOUTHBAY HARBOR NEIGHBORHOOD ASSN. 1018 HARBOR LIGHTS CORPUS CHRISTI, TEXAS 78412 H:~P LN-D IR~ERMA\WO RD\OWNERS HIP LISTx0302~}2OWNERSHI?.DOC COMMENTS RECEWED FROM NOTICES MAILED Case No. 0302-02 Oceanic Development, Ltd. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices retumed fi-om within the 200-foot notification area: Favor: 8C) Patsy S. Smith, 37 Townhouse Lane No written comment. Opposition: Carriage Park Townhomes 8C) Mary Ann Auforth, 76 Townhouse Lane No written comment. 8C) David W. and Jane E. Barnard, 64 Townhouse Lane "This would result in excessive congestion and traffic in what is now a relatively quiet residential area." 8C) Elizabeth H. Betts, 78 Townhouse Lane No written comment. 8C) Cecil A. Cotton, 108 Townhouse Lane "More apartments with increased traffic would make it harder to get out onto McArdle from Carriage Park." 8C) Ada Crowell, 100 Townhouse Lane No written comment. 8C) Patricia Deadman, 105 Townhouse Lane No written comment. 8C) Letha Doran, 58 Townhouse Lane No written comment. 8C) John M. Etheridge, M. D., 2 Townhouse Lane No written comment. Case No. 0302-02 (Oceanic Development, Ltd.) Page 2 8C) Mr. and Mrs. Charles J. Fadden, 23 Townhouse Lane "Additional traffic, speeding, noise level, lower property value, and taxes presently being paid." 8C) Michael Gadell, 96 Townhouse Lane "McArdle Road isn't adequate for more traffic." 8C) I.M. Gersmann, 22 Townhouse Lane "Too much traffic." 8C) Nancy C. Harwell, 73 Townhouse Lane No written comment. 8C) Gaston W. Hix, 71 Townhouse Lane "Traffic is already a problem on narrow McArdle Road with no curb. Petty theft in townhouses from apartment youths. Type of business not stated in notice." 8C) Dora L. Lambert, 33 Townhouse Lane "We mostly are all senior citizens in this area and don't need the traffic." 8C) Garland Lange, 24 Townhouse Lane "Property value, more noise, traffic would increase probably along with boom boxes. Other adverse noise that will detract from living quality of life." 8C) E. Jeanne La Feber, 39 Townhouse Lane No written comment. 8C) Mack Lee, 110 Townhouse Lane "Proposed zoning changes would cause additional traffic on McArdle Road." 8C) Peggy J. Love, 92 Townhouse Lane No written comment. 8C) Louise Marcy, 27 Townhouse Lane "We already have too much traffic on the poorly maintained two-lane McArdle Road." 8C) Riley E. Moore, 31 Townhouse Lane No written comment. Case No. 0302-02 (Oceanic Development, Ltd.) Page 3 8C) Frank N. Nance, 48 Townhouse Lane "Allowing business zoning on this area on McArdle Road will interfere with the residential quality of the neighborhood. Traffic on McArdle road, already heavy, would greatly increase." 8C) Bettie R. Nelson, 4 Townhouse Lane No written comment. 8C) Douglas W. Nicol, 49 Townhouse Lane "Would add to traffic, noise, vandalizing, and noise." 8C) Lillian F. Norman, 30 Townhouse Lane "I do not want the value of my property lowered by apartments, etc.) 8C) Kathryn J. Parker, 93 Townhouse Lane No written comment. 8C) Nellie B. Rawlings, 5 Townhouse Lane "Increased traffic in an already congested area." 8C) Mack Ray, 104 Townhouse Lane "Opposed to multi-family construction. The city has plenty of apartments now and the area does not favor that kind of over development anyway." 8C) Berneice H. Reilly, 101 Townhouse Lane No written comment. 8C) Ihs S. Robinson, 84 Townhouse Lane "Will lower our property values. Heavier traffic/truck traffic." 8C) Joe M. Sassman, 69 Townhouse Lane No written comment. 8C) Patricia Schieffer, 79 Townhouse Lane No written comment. 8C) Robert G. and Margaret J. Schrot, 107 Townhouse Lane "Detrimental to family dwellings, noise." Comments Case No. 0302-02 (Oceanic Development, Ltd.) Page 4 8C) Edward and Coralea Shaw, 38 Townhouse Lane "We already have several apartment complexes in the area, as well as, a restaurant, night club, day care center, and mini-market. The added traffic fxom more apartments and general business would only devalue our property." 8C) Gretchen Smith, 35 Townhouse Lane "There would be too much traffic in the area." 8C) James H. and Jimmie L. Smith, 94 Townhouse Lane "Increased traffic on already busy street." 8C) James and Retha Still, 25 Townhouse Lane "We do not think that it will be beneficial to the neighborhood to build more apartments in this area." 8C) Mr. and Mrs. Jack M. West, 113 Townhouse Lane "In this area, McArdle is a two-lane street! We don't need more traffic!" 8C) Stephanie Wilkerson, 46 Townhouse Lane No written comment. 8C) Gary M. and Virginia C. Zink, 59 Townhouse Lane No written comment. 8C) Frank T. and Elizabeth C. Zitzo, 68 Townhouse Lane "We do not want to see more commercial or apartments in this already overcrowded neighborhood. McArdle Road is already over the limit for the size street for traffic." Rock Creek Townhomes 9C) George A. Hart, Jr., 60 Rock Creek "Increased traffic on an already congested, narrow, rough street (McArdle Road). Decrease in property values." 9C) V.E. Liles, 17 Rock Creek No written comment. 9C) Ralph H. and Mary Lou Mackler, #I Rock Creek No written comment. Comments Case No. 0302~02 (Oceanic Development, Ltd.) Page 5 II. 9C) Nadalin Family Trust, E. R. Nadalin, Trustee, 30 Rock Creek "At this time, what type dwellings price range, etc, lot size, etc." 9C) Kathlyn A. Sweeney, 63 Rock Creek "I don't want a business located across the street from Rock Creek!" Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: Oshman Investment, Ltd., 4350 Ocean Drive No written comment. Opposition: None. H :~P LN-DIR\ERMA\WORD\COMMDATA\0302-02COMMENTS.DOC Planning Commission Minutes March 13, 2002 Oceanic Development, Ltd.: 0302-02 REQUEST: "R-1A" One-family Dwelling District and "R-1B" One-family Dwelling District to "B4" General Business District on Tract I and "A-I" Apamnent House District on Tract 2 on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 6.5 acres out of Lots 1 and 2, and located on the north side of South Padre Island Drive, approximately 450 feet east of Rodd Field Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the smrounding area. Tract I is a remaining "R-IA" District property with adjacency to approximately six (6) acres of land to the east that is zoned with a "B4" District having frontage along the access road of South Padre Island Drive. The majority of the six (6) acre area is develop commercially with approximately one (1) acre remaining undeveloped. West of Tract 1 is approximately 6.5 acres of "A-I" District property developed as an apar~nent complex. North of Tract I is an undeveloped area zoned with an "A-I" District. South of Tract 1, across South Padre Island Drive, is approximately 78 acres of undeveloped "R-lB" District property. At the southeast comer of South Padre Island Drive access road and Rodd Field Road is two (2) acres of "B-4" District property developed as a convenience store. East of Tract 2 is an undeveloped area consisting of approximately eight (8) acres that is zoned a "R-lB" District and a one and one-half (1.5) acre area that is zoned an "A-I" District that remains undeveloped. West of Tract 2 is an "A-I" District property that is developed with an apartment complex. North of Tract 2, across McArdle Road, is "R-2" District property developed as townhouses. South of Tract 2 is undeveloped "B-4" District property. The applicant has requested a change of zoning on Tract 1 from "R-lA" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a retail establishment. The applicant's representative has indicated to staff that a sale is pending for Tract 1 subject to a change of zoning being approved. Once the purchase of the 1.2-acre property takes place the applicant plans to seek a retail user for the property. The majority of the "B-4" District property east of Tract I is developed with a variety of uses including coffee/bar shop, auto rentals and boat sales. A six (6) foot-screening fence would be required along the north and west boundary of the tract since residential adjacency exists. Tract 1 has access from the South Padre Island Drive, an expressway, with a frontage road. Approval of the requested "B-4" District would be an expansion on the adjacent "B-4" District to the east. A pending sale of Tract 2 is subject to a change of zuning from "R-lA" District and "R-lB" One- family Dwelling District to an "A-I" Apartment House District. Tract 2 is a 5.3-acre area that is east of an existing "A-I" District property that is developed as an apartment complex and is owned by the applicant. Subject to the change of zoning, the applicant plans to expand the existing 2-story apartment complex onto Tract 2 and on an one (1) acre area north of Tract 2 that is owned by the applicant and zoned with an "A4" District. The "A- 1" District has a density of 21.78 units per acre or possible 115 units on Tract 2, or 137 units on Tract 2 including the adjacent one (1) acre "A-I" District property to the north. As part of the adjacent apartment complex expansion, Tract 2 could have access from the frontage road of South Padre Island expressway and along McArdle Road, a collector to the north. Access to the property will not traverse a residential area. Proper~ across McArdle Road, north of Tract 2, is develop as townhouses that are classified as multi-family uses. Approval of the requested "A-I" District would be an expansion of the adjacent "A-l" District to the north, east and west, and compatible with the townhouse development to the north, across McArdle Road, that is zoned "R-2" Multiple Dwelling District. Therefore, Staffrecommends approval of the rezoning request. Of the notices mailed to property owners within a 200-foot radius, one was received in favor and 42 in opposition. The 42 are the condos to the north which are the Carriage House and Rock Creek Townhomes. Planning Commission Minutes March 13, 2002 Case No. 0302-02 (Oceanic Development, Ltd.) Page 2 Commission asked about the vacant land at the rear of the property. Mr. Saldafia said that the properly owner wants to expand for apartments and the vacant is akeady zoned "A-I" District. Willard Hams, II, 4418 Ocean Drive, said the intent for Tract 2 is to build a phase of an apartment complex. With regard to the six (6) acres to the rear, there are plans to develop the property with commercial development consistent with the surrounding uses. Public hearing closed. Motion by Sween-McGtoin , seconded by Zamora, to forward a recommendation for a "B-4" General Business District on Tract 1 and "A-I" Apartment District on Tract 2. Motion passed with Pusley and Mims being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY OCEANIC DEVELOPMENT, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 6.5 ACRES OUT OF LOTS I AND 2, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-IA" ONE-FAMILY DWELLING DISTRICT AND "R-I B" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT I AND "A-I" APARTMENT HOUSE DISTRICT ON TRACT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Oceanic Development, Ltd. for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002 during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 6.5 acres out of Lots 1 and 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Ddve, approximately 450 feet east of Rodd Field Road, from "R-lA" One-family Dwelling District and "R-lB" One-family Dwelling District to "B-4' General Business Distdct on Tract I and "A-1" Apartment House District on Tract 2. The 6.5 acres is described by metes and bounds on the attached Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. ~-EGAL~LAW~EG-D~R~D~y~eDCurtis~MYD~S~2~P&Z~RD~2~z~n~ng~rd~D~YLE~2~2\~cean~c~Deve~p;Z~3~2~2A~rd~d~c Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of April, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. City ~,~t~ne~y boyle D{'l~rtis Senior A§sistant City Attorney t~--EGAL~AVV~LE G-DIR~Doyle DC u r tis'~IYDOCS~2002\P&ZORD02~o ning. o ra.~DOYLEC~002\Ocea nic. Develop.Z030202A.Ord.doc Feb-27-o2 O3:36P Feon[J~ Surveying ?~0 luffalo St, Ste. SOZ 361 88~ 8340 P. 02 ZONE A-I FIELD NOTES DF-,SCRIPTION 5.3 acres ofiand, more or ~ situated in a certain Oshman ln,mstmen~ Lat, tract recorded in Document No. 944727 of tho Official Records of Nug~cs CountY. Term and being out of ~ctiou 28 of the Flour Bluff Being mor~ fully desc, xFoed by metes and beunds as follows: BI~IHfqING at a point on ~e 5outhern llne of McArd~ Rond for rite Not.west corner of Lot 4 A. Block Jmlm Tract recorded in Vohnne 34, Pnge 26 of the Plat ltxcords of Nuece~ County, Texas for ~e Northeast comer of th~ 5.3 acres THENCE~, $29027' 19" W-~19.$8 feet nJor~ the Wastem line ofsajd Lot 4 A, Biock..A.,the Western lino of Lot 4-B Block"A" Joslhz Tract zecorded in Volume 35, Pago 69 0fthe Plat Records of Nueces County, Texas to a point for the ,~uthzast corner of this 5.3 acres. TI~ENCE: N 63° 24' 02' W- 321.70 feet to a point ou the Eastern line of Lot 2. BI~k"A' TH~NC£; N 29° 27' ID" E = 599.93 feet along the Eastern line of s~id Lot 2 Block "A' $oMin Tract to a point for thc We. zt~mnost No~hwc-st oocn~' of this &3 acres. THENCE,. S 60° 40' 00" E - 155. I 0 feet to e point f~r an interior comer of Ihi~ 5~3 acre~, THENCE: N 29° 27' i 9" E- 235.00 feet to a point on the So.bern line of McArdle Road for fac Northernmost Notthwast comer of fids 5.3 acres. TI-I£,,VC£: S 60° 40' 00" E - 166.20 feet along said Southern line of McArdle Road lo the FI.,.4 CE OF 8E~IIV.*'VING and coulatnin8 5.3 acres of tnna~ more or less, THIS DESC~ON W,4,~ PREPARED FROM F-XI~TING RECORD~ AND DOE.5 NOT COPI,~TITUTE AN ON THE GROUND SURVI~Y. EXHIBIT A ~eo ~/ u~ O3:37P FrontiRr Surveying 71o Buf~ St, me. ~ 361 881 8340 P · 03 FIELD NOTES DESCRII~ION I ~ acres of land, more or Jess, sJttul~ hi a ce4~ O~/nveatraaflts, Ltd, t~act recorded in Doc,m.~.~t No. 944/27 of thc Offloial R.ccords ofNucces Count~, Tex~ and bein8 out of Scctioa 28 of the Sour Bluff and Eaciaal Fan~ and Om*d~ Tracls. Being more ~ully described by mete~ and bounds as follows: BEGINNING at a po/hr o~ the Northcm line of South Padre bland Drive at the Southeast comer of Lot 2, Bloc~"A" Jo~ltn Tract recorded ~n Volume 40, Page 2 of the Plat Records of Nucces County, Texas for the Southwest co~nef of this 1.2 ac~. THENCE: N 29° 2'P 19" E - 340.49 fee~ along the Ha.stem lino of said Lot 2, Block "A" JoMin Tra~t to a point for thc Northwest corner of this 1.2 a(xcs. THENCE: S 63° 24' 02' E - 155 .?.9 feet to a point for the Northeast comer of this THEJVCE: S 29° 27' 19" W - 342.90 feet to a point on the Northern line of South Fadre Island DTiVO for the Southeast corner of this ! .2 acres THENCE: bl 62° 30' 46" W- 155.19 feet along .~id Northern line of So~h Padre Island Drive to the PLACE OF BE~INNIIfO and containing 1.2 ~ores of land, more or THIS DF~CRIPTION WAS PREPAreD FROM EXISTING RECORD~ AND DOF~ NOT CONSTITUTE AN ON THE GROUND EXtIIBIT A Notes and Comments