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HomeMy WebLinkAboutAgenda Packet City Council - 04/23/2002CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" April 23, 2002 1:45 p.m. Proclamation declaring April 21-27, 2002 as "National Crime Victims' Rights Week" Proclamation declaring Apdl 7-24, 2002 as "Days of Remembrance" Proclamation declaring April 26, 2002 as "Children's Memodal Flag Day" Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 23, 2002 2:00 P.M. PUBLIC NOTICE o THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espat~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Willie Davila, Church of Reconciliation. 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 Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr.__ City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Joint and Regular Meetings of April 16, 2002. (Attachment # 1) Agenda Regular Council Meeting April23,2002 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Airport Board Arts and Cultural Commission Board of Adjustment G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the pumhase of nine heavy trucks in accordance with Bid Invitation No. BI-0059-02 from the following companies, for the following amounts, based on Iow bid, for a total amount of $556,629. Eight units are replacements and one unit is an addition to the fleet. Funds are available from the FY2001-2002 Capital Outlay Fund. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 23, 2002 Page 3 Crosstown Ford Sales, Inc. Corpus Christi, Texas 7 Units $418,941 Fleetpride Power Equipment Corpus Christi, Texas 2 Units $137,688 Grand Total: $556,629 Motion approving the purchase of two tractor loader backhoes from the following companies for the following amounts, in accordance with Bid Invitation No. BI-0063-02, based on Iow bid, for a total of $110,762. The backhoes will be used by the Storm Water and Water Departments. One unit is an addition to the fleet and one is a replacement. Funds are available through the FY2001-2002 Capital Outlay Fund. (Attachment Cf 4) Crescent Machinery Company Corpus Christi, Texas Bid Item 2 $46,989 H & V Equipment Service, Inc. Corpus Christi, Texas Bid Item 1 $63,773 Grand Total: $110,762 Motion authorizing the City Manager or his designee to execute an engineering services contract with Bath Engineering in the amount of $96,900 for replacement and upgrade of the City Hall Heating Ventilation and Air Conditioning Chillers and Control System. (Attachment Cf 5) Motion approving the reimbursement application submitted by Braselton Land Ventures, Inc., owner and developer of The Park at Dunbarton Oaks Subdivision, (who will complete construction of the full street) for reimbursement of developer's contribution for in lieu of half street construction of Patti Drive as was required by the development of The Village at Dunbarton Oak Unit 1 Subdivision and approved by City Council Ordinance No. 024154 on August 22, 2000. (Attachment Cf 6) Ordinance appropriating $45,445.57 from the Street Trust Fund, Village/Dunbarton Oak Unit 1, Subaccount No. 6010-263033, to pay Braselton Land Ventures, Inc.'s request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April23,2002 Page 4 o 10.a. 10.b. 10.C. 10.d. development of The Village at Dunbarton Oak Unit 1 Subdivision said construction having previously been deferred for cash in lieu of construction during platting. (Attachment # 6) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Corpus Christi Independent School District, Developer, for public street improvements on Cimarren Boulevard, Lot 1, Block 14, Unit 5, Cimarron Crossing, in accordance with the Platting Ordinance, not to exceed $14,137.27 for city's share of costs of the improvements. (Attachment # 7) Motion approving the purchase of eleven automated vehicle location systems from Siemens, of Cedar Rapids, Iowa for the total amount of $77,000. The equipment is for the Police Department funded through the Law Enforcement Block Grant and the Crime Control and Prevention District. (Attachment # 8) Resolution approving the submission of a grant application in the amount of $69,995 to the State of Texas, Office of the Governor, Criminal Justice Division for funding to continue a project in the Police Department to prevent minors from purchasing and consuming alcohol. (Attachment # 9) Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen years at Summer Youth Recreation Programs throughout the community. (Attachment # 10) Ordinance appropriating a grant in the amount of $446,823 in the No. 1050 Federal/State Grants Fund from the Texas Department of Human Services, to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment # 10) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation Programs. (Attachment # 10) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 23, 2002 Page 5 11. 12. 13.a. 13.b. 14. 15. Independent School District to provide transportation services for Youth Recreation Programs. (Attachment # 10) Resolution dedicating resources with the commitment of Exhibition Hall "B" at the Bayfront Convention Center at a cost of $4,600 to support the bid for the 2005 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Park and Wildlife Department, submitted by the Park and Recreation Department to be held in Corpus Christi March 8 - 12, 2005. (Attachment # 11 ) Resolution authorizing the City Manager or his designee to submit a grant application to the United States Environmental Protection Agency in the amount of $115,000 for a vulnerability assessment of the City's water supply. (Attachment # 12) Resolution authorizing the City Manager or his designee to accept Grant Offer No. 3-48-0051-33-02 for $638,880 from the Federal Aviation Administration for additional security and other expensed costs incurred as a result of the events of September 11, 2001. (Attachment # 13) Ordinance appropriating $638,880 from the Federal Aviation Administration Grant No. 3-48-0051-33-02 in the No. 1050 Federal/State Grants Fund for the Federal Aviation Administration Department of Defense, Fiscal Year 2002 appropriation for additional security operation costs and other expensed costs incurred as a result of September 11,2001. (Attachment # 13 ) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Santa Fe Soccer League, a non-profit organization, for the use of City property, North Pope Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer League maintaining the premises and improvements. (Attachment # 14) First Reading Ordinance - Amending Section 12-75(a) of the Code of Ordinance to remove limitations on the size of vessels that can be hauled out for repair on the L-Head. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 23, 2002 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC HEARINGS: ZONING CASES: 16. Case No. 0302-03, Christus Spohn Health System: A change of zoning from an "A-1" Apartment House Distdct to an "1-3" Heavy Industrial District on Ocean View Addition, Block 1, Lots 4, 5, and 6, located on the west side of Ocean Drive, approximately 150 feet south of Morgan Avenue. (Attachment # 16) Planninq Commission and Staff's Recommendation: Denial, and in lieu, thereof, approval of an "AB" Professional Office District with a Special Permit for a 6-story building and a roof helipad subject to a site plan and five (5) conditions. ORDINANCE 17. Amending the Zoning Ordinance upon application by Christus Spohn Health System, by changing the zoning map in reference to Lots 4, 5, and 6, Block 1, Ocean View Addition, (currently zoned "A- l" Apartment House District) by granting a special permit for a 6- story building (104 feet from average grade level of building) and a roof helipad site use subject to a site plan and five (5) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0302-05, Medical Square, Ltd.: A change of zoning from an "AB" Professional Office District to a "B-4" General Business District on Riverside Hospital Tract, Block 1, Lot 2, located on the south side of Northwest Boulevard at the Wildcat Drive intersection. (Attachment # 17) Planning Commission and Staff's Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Medical Square, Ltd., by changing the zoning map in reference to Lot 2, Block 1, Riverside Hospital Tract, from "AB" Professional Office District to "B-4" General Business District amending the comprehensive plan to account for any deviations from the existing Agenda Regular Council Meeting April23,2002 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Comprehensive Plan. 18. Case No. 0302-06, Meyer & Garza Properties, Ltd.: A change of zoning from an "A-l" Apartment House District to an "AB" Professional Office Distdct on South End, Block 1, Lot J, mid 50 feet of East ~ of Lots 4-J, Lot M, North ¼ of South ~ of West ~ of Lot 4-M, and Lot N, South ¼ of South ~ of West ~ of Lot 4, located between South Carancahua and South Tancahua Street, north of Coleman Street. (Attachment # 18) Planning Commission and Staffs Recommendation: Approval of "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance upon application by Meyer & Garza Properties, Ltd. by changing the Zoning Map in reference to the following Lots out of Block 1, South End: Lot J' mid 50 feet of East '~ of Lots 4-J and M; North ¼ of South ¼ of West '~ of tot 4-M; Lot N; and the Ssouth ~ of West ~ of lot 4 by changing the zoning from '%-1" Apartment House District to "AB" Professional Office District; amending the comprehensive plan to account for any deviations from the existing Comprehensive plan. 19. Case No. 0302-07, Island in the Son, U.M.C.; A change of zoning from "F-R" Farm-Rural Distdct to an "AT" Apartment Tourist District on Mustang Island, being 4.99 acres out of Tracts B and C, located on the west side of State Highway 361, north of the Packery Chanel and south of Newport Pass. (Attachment # 19) Planning Commission and Staffs Recommendation: Denial of the "AT" District and in lieu thereof, approval of "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance upon application by Island in the Son, U.M.C. by changing the zoning map in reference to 4.99 acres out of Tracts B and C, Mustang Island, from "F-R" Farm- Rural Distri~ to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Agenda Regular Council Meeting April23,2002 Page 8 J. PRESENTATIONS: 20. Presentation on the status of the Packery Channel Project. (Attachment # 20) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. First Reading Ordinance - Equalizing the Single Member Districts for the election of City Council Members in accordance with the City Charter providing for submission of the reapportioned districts for preclearance from the U.S. Department of Justice. (Attachment # 21) 22. Resolution authorizing an amendment to the Fiscal Year 2001-2002 Park and Recreation Department Fee Schedule, pursuant to Section 36-7 of the Code of Ordinances, by adding marina promotional programs. (Attachment # 22) 23. Motion approving a contract with Southwestern Bell Telephone Company for Universal Emergency Number Service (E9-1-1) to be. established during the month of May, 2002 for an installation charge of $103,664 and an annual recurring cost of $197,174.40. Funds are available in the General Fund for Police Department. (Attachment # 23) L= SPECIAL CONSIDERATION ITEM: (To be considered after Item M, the 5:30 p.m. Public Comment PeHod.) 24.a. Motion designating Landry's Restaurants, Inc. as the development team for the City Marina Operations and Development Project. (Attachment # 24) 24.b. Motion authorizing staff to proceed with the development of a Memorandum of Understanding with Land ry's Restaurants, Inc. for the City Marina Operations and Development Project. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Apd123,2002 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl(~s es limitado, habr~ un int~rprete ingl~$-espa~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. N. EXECUTIVE SESSION: PUBLIC NO TICE 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. 25. 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. O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; Agenda Regular Council Me~ing April23,2002 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) reports of activities of individual Council members and Staff; constituent concems; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other bdef discussions regarding city-related matters. 26. CITY MANAGER'S REPORT * Upcoming Items 27. MAYOR'S UPDATE 28. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, '1201 Leopard Street, at 2:30 p.m., April 19 ,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 COUNCII GOALS AND PRIORITY ISSUES Airoort / Seawall /Convention Center / Arena Continue quarterly reporting process for these initiatives. '86 Bond Issue lmorovements 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. Priv~tization / Re-Emtineerine Clearly define "priva 'tlzation" and "re-engineering" · Make decisions regarding privatizafion 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. · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. ,~,rime ,~2~n~o]l a~t~l preven~i0n · 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 initiativcs~ Emolovee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic !~velopmeot 8~l~s Tax · Establish election date. S,tgr~ Water Utill~, · Reconsider implementation plan for a Storm Water Utility. Continue quarterly reports on the progress of the TIF and Beach Restoration Project. L~ndflll · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, inch,ding pdvatization. · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mall. · Continue active role. F~ost Bank Buildinff · Lease and complete renovation ~,nn~xa~on Pla~ · Implement current island annexation plan ADA T~mstfign plan · Develop and approve ADA Transition Plan within 90 days. Redh~-ictin~ · Develop Council-approved redistricting plan for the City of Corpus Christi · Review lndnstfial District contracts and determine date for approval ,Co~eO Action Items · St0aTcompletes action requests in a timely manner. C{~/,Cguoty Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketinn of CC Museum and Columbus Shim · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet NEW PRIORITY INITIATIVES ~ ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma stet Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) -- **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off romps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publie Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL & AIRPORT BOARD April 16, 2002 - 12:02 p.m. 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 Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Jerry Kane, Chairman Abel Alonzo Chuck Cazalas Ramiro Gamboa Nelda Martinez Mark Meyer Frank "Rocco" Montesano J.E. Rehler ABSENT Mayor Samuel L. Neal Jr. Willard Hammonds Sr. (Airport) Ed Hicks Sr. (Airport) Mayor Pro Tem Chesney called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that there was a quorum of both the Council and the Airport Board and that the meeting had been duly posted. Mr. Dave Hamrick, Aviation Director, commented about the ongoing construction at Corpus Christi Intemational Airport (CCIA). He said the new terminal is scheduled to open in October 2002. *Council Members Colmenero and Longoria arrived at approximately 12:04 p.m. Council Member Scott arrived at approximately 12:12 p.m. Mr. Kane thanked the Council for their interest in air service in and out of Corpus Christi. He said the CCIA has had many accomplishments, including the new terminal, new control tower and many other improvements. The airport is also faced with different challenges, particularly following the terrorist attacks of September 11, 2001. Mr. Kane said that several issues to consider are fares, frequency of flights, passenger load factors, "leakage" to other cities (such as San Antonio and Houston), and maintaining a variety of destinations. Mr. Kane said the board feels that a strategic, aggressive approach is required to ensure the viability of the airport, which is a major economic component in the community. He then discussed the various elements of the strategy: produce a public awareness campaign about the importance of local air service and encourage short-term sacrifices to ensure long-term service and lower fares; develop a "help desk" that will provide web-based assistance to local travelers to find the lowest fares on locally originating flights; work to increase competition; secure assurances that the airlines Minutes - Joint Meeting April 16, 2002 - Page 2 will provide sufficient flights as ridership increases; and increase efforts to market Corpus Christi as a destination. Mr. Kane said the board wants to find out how travel agents can assist in this strategy. He noted that currently there is no incentive for travel agents to book local flights and something must be done to help create that incentive. Mr. Kane then responded to questions from the Council. There was a discussion about the disparity in rates when flying out of Corpus Christi compared to flying out of San Antonio. It was noted that many of the less expensive flights from San Antonio are destined for the West Coast and, in particular, Las Vegas. The Council asked about the time line of the strategy, including the development of the help desk. City Manager Garcia said staffneeds to refine the concept and they will bring it back during the budget discussions. Mr. Kane pointed out that if the help desk personnel do not actually book flights for travelers, they will not be competing with travel agents. There was a consensus of the Council to proceed with the strategy discussed by Mr. Kane. There being no other business, Mayor Pro Tem Chesney adjourned the joint meeting at 1:00 p.m. on April 16, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 16, 2002- 1:10 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 City. Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Annando Chapa Recording Secretary Rachelle Parry Mayor Pro Tem Chesney called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by George Pledger, Weber Road Church of Christ, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present. Mr. Chesney called for approval of the minutes of the joint and regular meetings of March 26, 2002 and the special meeting of April 2, 2002. A motion was made and passed to approve the minutes as presented. City Manager Garcia introduced the new city staff members: Ms. Margie Rose, Assistant City Manager for Development Services; Ms. Lee Ann Dumbauld, Director of Finance; and Ms. Cheryl Alexander Soward, Director of Public Information. The three addressed the Council. Mayor Pro Tem Chesney referred to Item 2 and the following board appointments were made. City Secretary Chapa said the Airport Board appointments would be postponed. Transportation Advisory_ Committee Stuart Sher (Reappointed) Grace Gonzalez (Reappointed) MAC Karla Bennett (Reappointed) ~ Committee Ellen Murry Mayor Pro Tem Chesney referred to the consent agenda (Items 3-21). City Secretary Chapa said Mr. Noyola would be abstaining on Item 14. Council members requested that Items 7, 13, 16 and 18 be discussed. There was no public comment. Mr. Chapa polled the Council for their votes: 3. M2002-091 Motion approving a supply agreement with Alfivia, Houston, Texas, for approximately 415 tons of sodium chlorite solution in accordance with Bid Invitation No. BI-0065-02 based on Minutes - Regular Council Meeting April 16, 2002 - Page 2 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 by the Water Department in FY2001-2002. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 4. M2002-092 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 vehicle will 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 5. M2002-093 Motion approving the purchase of four mowers and one sand trap rake in accordance with Bid Invitation No. BI-0057-02 fi'om 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 FY2001-2002 Capital Outlay Fund. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 6. M2002-094 Motion approving the purchase often (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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 8. M2002-096 Motion approving the pumhase 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 Minutes - Regular Council Meeting April 16, 2002 - Page 3 Gas Department and is an addition to the fleet. Funding is available from the FY2001-2002 Capital Outlay Fund. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 9. M2002-097 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 10. M2002-095 Motion authorizing the City Manager or his designee to execute a construction contract with Rycon E&C, LLC in the amotmt of $161,435 for the installation of wastewater clean-outs. Funds are available in the Capital Improvement Budget FY2001-2002. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 11. M2002-099 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 12. M2002-100 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 14. M2002-102 Motion authorizing the City Manager or his designee to execute an amendment to an Minutes - Regular Council Meeting April 16, 2002 - Page 4 15. architectural/engineering services contract with M. Arthur Gensler Jr. & Associates Inc. in the amount of $46,060 for short-term parking pedestrian canopies and vehicle inspection stations for the Corpus Christi International Airport roadway and parking lot improvements project. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. ORDINANCE NO. 024820 Ordinance abandoning and vacating 1,000 square feet of a 1 O-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 within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 17.a. M2002-104 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 Department's role in the Texas Coastal Corridor Initiative in the Houston High-Intensity Drug Trafficking Area. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 17.b. ORDINANCE NO. 024821 19. 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 Deparm~ent's role in the Texas Coastal Corridor Initiative in the Houston High- Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. RESOLUTION NO. 024824 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. Minutes - Regular Council Meeting April 16, 2002 - Page 5 20. 21. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. ORDINANCE NO. 02452~ 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 fi.om F.M. Highway 624 (Northwest Boulevard) to River Hill Drive at all times; providing for penalties. The foregoing ordinance passed on second reading as follows: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. ORDINANCE NO. 024826 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 cotmty line; annexing PackeD' 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 h'acts 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 roles; 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. 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 propemy 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 Pork: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf beach frontage. Tract 3- Packer5,. Channel Pork: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (PackeD' Channel Park). Tract 4 - Nueces County Land South of Mustan? Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of Gulf beach frontage surrotmded by the Minutes - Regular Council Meeting April 16, 2002 - Page 6 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. The foregoing ordinance passed on second reading as follows: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Chesney opened discussion on Item 7, lease-purchase of two aerial fire trucks. Responding to Council Member Garrett, City Manager Garcia stated that the Fire Department has one aerial fire track in the current budget to be lease-purchased. However, the estimated lead time for delivery of the truck is 270-300 days (during next fiscal year). He said to avoid that happening again next year, staff would like to order two tracks and budget the same replacement amount in next year's budget in addition to the amount that will be carried over from this year. First Assistant Chief Richard Hooks explained that these aerial trucks can serve as both engine companies (pampers) and ladder trucks. In reply to Council Member Kinnison, Chief Hooks said the city currently has three of these trucks in service--downtown at Belden Street, at Staples and Doddridge, and at the new station on Rodd Field Road. He said one of the new tracks will be placed at the Five Points station to replace the 20-year-old truck there and possibly one at Flour Bluff. Mr. Kiunison said this action will enhance the city's service. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 024819 Ordinance amending Ordinance No. 024528 which adopted the FY2001-2002 budget to authorize pumhase of additional fire trucks through the lease-purchase program; An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 7.b. M2002-095 Motion authorizing the lease-purchase of two aerial fire tracks 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. Minutes - Regular Council Meeting April 16, 2002 ~ Page 7 The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Chesney opened discussion on Item 13, Buckingham Estates lift station. Conncil Member Scott asked if Coym, Rehmet, Gufierrez Engineering Inc. is a local firm. Mr. Angel Escobar, Director of Engineering Services, said they have offices in Corpus Christi and Alice. City Secretary Chapa polled the Council for their votes as follows: 13. M2002-101 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Neal and Longoria absent. Mayor Pro Tern Chesney opened discussion on Item 16, police laptop computers. Council Member Garrett asked if this action will put laptop computers in all the police cars. Capt. Leonard Scott said the marked police cars answering service calls are already equipped with laptops and this will provide them to the investigators (a total of about 95%). He said the computers will be connected through the radio system back to criminal information. City Secretary Chapa polled the Council for their votes as follows: 16. M2002-103 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 Dept. funded through the COPS MORE grant. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Chesney opened discussion on Item 18, police services for the Housing Authority. Council Member Garrett asked about the supervision of those police officers. Capt. Wayne Tisdale said the zone lieutenant is responsible for their supervision and the Housing Authority sets their hours, which is part of the interlocal agreement. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 16, 2002 - Page 8 18.a. RESOLUTION NO. 024822 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. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 18.b. ORDINANCE NO. 024823 Ordinance appropriating $15,166 from the Housing Authority of the City of Corpus Christi for supplemental police patrols at the Authority in the No. 1020 General Fund - Police Department; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues and appropriations by $15,166 in the No. 1020 General Fund. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Chesney opened discussion on Item 22, seat belt enforcement program. Mr. Noel Johnson, law enforcement liaison for the Texas Municipal Police Association, said that organization is contracted through the National Highway Traffic Safety Administration and the Texas Department of Transportation to work on the "Buckle Up Texas" and "Click It or Ticket" (CIOT) grants. He said they are asking the Council to allow them to bring the CIOT program to Corpus Christi. Using a computer presentation, Mr. Johnson explained that seat belt use has been a state law since 1985 and currently one-quarter of the people traveling on state roads are not wearing their seat belts. He said as seat belt use increases, the death rate nationally decreases. He said in Corpus Christi for the year 2000, belt use was at 81.1% but child safety seat use was at 72.7%; the target goal is 85%. The CIOT campaign targets the hard-core, infrequent belt user who does not believe that riding unbuckled will cost him his life or that buckling up will save it. Mr. Johnson said that CIOT is a highly visible enforcement effort with a clear, convincing message. If the 85% compliance goal is maintained for one year, it is projected that 5,275 injuries will be prevented in Texas with an economic savings of about $392 million. He said the enforcement dates for Corpus Christi will be from May 20th-June 2nd (over the Memorial Day period) and November 18th-25th (Thanksgiving weekend). Responding to Council Member Colmenero, Mr. Johnson said the intention is to enforce all Texas state seatbelt law: anyone under the age of 17 needs to be seatbelted, occupants of the front seats need to be belted and children under the age of 4 or less than 36 inches tall need to be in a child Minutes - Regular Council Meeting April 16, 2002 - Page 9 safety seat. Them were no comments from the audience. City Secretary Chapa polled the Council: 22.a. M2002-105 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. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. 22.b. ORDINANCE NO. 024827 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 (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Chesney referred to Item 23, a public hearing regarding proposed adjustments to the City Council single-member district boundary lines. City Secretary Chapa explained that the City Charter requires that the districts be equalized. The current 5-3-1 system was put into place in 1983 by court order, which asks that there be two "safe" districts (Districts 2 and 3) and one "swing" district (District 1) where there is a higher probability that a Hispanic or minority will be elected to those districts. Mr. Chapa said that following the 1990 census, the boundary lines were adjusted to accommodate population changes. According to the 2000 census, the city's population has grown to 277,450 from 257,428 in 1990, an increase of 7.8%. He said the total Hispanic population increased by 16.2% (5% in each district). *Mayor Neal arrived at approximately 1:40 p.m. Mr. Chapa said that during the Council's retreat on Mamh 15, 2002, staff presented the proposed adjustments to the district boundary lines. He said the plan includes minimal changes but meets the requirements of the court case and those of the Justice Department. He said the recommended plan is as follows: District 1 - no changes; District 2 - add voting precincts 48, 84 and 109; District 3 - add voting precincts 70 and 89 and remove voting precinct 48; District 4 - no changes; and District 5 - remove voting precincts 70, 84, 89 and 109. Mr. Chapa said he has met with 16 individuals who have expressed interest in the redistricting plan. He said that for the most part, they have endorsed it or have no objections to it. In addition, a public heating was held at City Hall on April 11, 2002 which was attended by five Minutes - Regular Council Meeting April 16, 2002 -Page 10 people. He said the major concern has been expressed by some members of LULAC Council #4444, who feel there should be more Hispanics in District 5. He noted that in 1990 the Hispanic population in District 5 was 38% and in 2000 it grew to 43%. He said the recommended plan reduces that amount to 40%. Mr. Chapa said members of LULAC Council g4444 submitted two proposals but they did not meet the Justice Department's basic requirement that all the precincts be contiguous. Council Member Kiunison made a motion to open the public hearing, seconded by Council Member Colmenero, and passed. Mayor Neal called for public comment. Mr. Abel Alonzo, 1701 Thames, said he was one of the original plaintiffs in the single- member district suit. He commended Mr. Chapa and staff for developing the redistricting plan themselves rather than hiring a consultant to do it, which would have cost $40,000 to $70,000. Mr. Alonzo said he believes it is a matter of time before District 5 becomes a swing district. He said he supports the proposed redistricting plan because it is fair. Mr. Ramiro Gamboa, 2630 Cloyde St., said he was also one of the original plaintiffs in the court case. He urged the Council to approve staWs plan because it is fair and inclusive. He said in 2010 the census data will most likely change again, necessitating other boundary adjustments. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Kinnison, and passed. Several Council members commended Mr. Chapa and the staff for their efforts, saying the plan protects Districts 2 and 3 and maintains the integrity of the system. Mr. Chapa thanked Mr. Willie Pulido and Mr. Michael Gunning of the Planning Department and Assistant City Secretary Mary Juarez for their work. He also explained that in the next two weeks staff will bring the first and second readings of the ordinance. Upon adoption, the plan will be sent to the Justice Depa~'tment for a determination in about 60 days. Mayor Neal recessed the Council meeting to read the day's proclamations. Upon reconvening, Mayor Neal referred to Item 24 and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. C0202-01A. City_ of Co~us Christi: Zone newly annexed areas to an"R-1B" 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. City Secretary Chapa said the Planning Commission and staff recommended denial of the "R-lB" and "B-2A" Districts, and in lieu thereof, approval of an "F-R" Farm-Rural District on Tracts 1 and 2. Responding to a question from the Mayor, Mr. Gunning said the 20% rule is not applicable in the zoning of newly annexed areas. He then gave a brief description of this zoning case, which consists of a total of 50.01 acres: Tract 1 (30 acres) is privately owned and Tract 2 (20.01 acres) is owned by Nueces County and is known as the Packery Channel County Park. Mr. Gunning Minutes - Regular Council Meeting April 16, 2002 - Page 11 also showed photographs of the subject property and adjacent properties. Mayor Neal called for public comment. Mr. Rick Guerra, 14506 Villa Mafia Isabella, said his property is located directly across from the park. He said he is a member of the Audubon Outdoor Club and was asked by members of the Sierra Club and OPUS to urge the Council to adopt the recommended "F-R" zoning for the subject property, which they would like to be maintained as park land. Mr. Art Olson, 1310 Southgate, said he was also speaking on behalf of the Audubon Outdoor Club, which owns 17 lots near the subject property. He said the organization has dedicated that property strictly as a wildlife area. He said they also support the proposed "F-R" zoning. Mr. Garrett made a motion to close the public heating, seconded by Mr. Scott, and passed. Mr. Scott said this process is a good example that citizens' concerns were heeded. Mr. Gunning said staff had originally recommended "R-lB," which is the standard zoning for parks, and "B-2A" for the northern 30 acres. However, several citizens were opposed to that zoning and the Planning Commission and staffagreed that "F-R" would be more appropriate. Mr. Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 024828 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 "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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal referred to Items 25-28 and a motion was made, seconded and passed to open the public hearing on those zoning cases (as follows). There were no comments from the public. Mr. Kinnison made a motion to close the public heating, seconded by Mr. Noyola, and passed. Mr. Scott referred to Item 26 and asked why that case was being recommended for "F-R" zoning. Mr. Gunning replied that "R-lB" has been the default zoning district for newly annexed properties. However, in this case since "F-R" does not impact park operations, it was felt that designation would be more protective of the property. He said in the furore if newly annexed property is located in a developed area, staff will probably recommend "R-lB" zoning; however, if it is in a rural area where development potential is uncertain, staffwill probably recommend "F-R." City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 16, 2002 - Page 12 25. 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. Mr. Chapa said the Planning Commission and staff recommended denial of the "R- 1B" 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 NO. 024829 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Longoria absent. 26. Case No. C0202-03A. Ci_ty 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 east side of South Padre Island Drive, south of Whitecap Boulevard. Mr. Chapa said the Planning Commission and staff recommended denial of the "R- lB" One-family Dwelling Dislrict, and in lieu thereof, approval of an "F-R" Farm-Rural District. ORDINANCE NO. 024830 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 27. Case No. 0202-04A. Ci_ty 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. Mr. Chapa said the Planning Commission and staff recommended approval of the "AT" Apartment Tourist District. ORDINANCE NO. 024831 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 Minutes - Regular Council Meeting April 16, 2002 - Page 13 28. 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. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Longoria absent. Case No. 0302-01. Isla Properties: A change of zoning fi~m 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. Mr. Chapa said the Planning Commission and staff recommended approval of the "RE" Residential Estate District. ORDINANCE NO. 024832 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-lB" One-family Dwelling District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 29. Case No. 0302-02. Oceanic Development, Ltd; A change of zoning from an "R-IA" One- family Dwelling District and "R-lB" One-family Dwelling District to a "B-4" 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 Rd. Mr. Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District on Tract 1 and "A-I" Apartment House District on Tract 2. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Noyola, and passed. Responding to Mr. Chesney, Mr. Gunning said that 50 residents from the Carriage Park Townhomes and eight residents from the Rock Creek Townhomes sent letters in opposition to the proposed rezoning. However, he said the townhome properties combined only represent 11.9% of the total area, which does not trigger the 20% rule. Mr. Chapa polled the Council for their votes: Minutes - Regular Council Meeting April 16, 2002 - Page 14 29. ORDINANCE NO. 024833 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-lA" One-family Dwelling District and "R-lB" One-family Dwelling District to "B4" General Business District on Tract 1 and "A- l" Apartment House District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neat, Chesney, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent. 30. 31. 32. Mayor Neal announced the following executive sessions: 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; 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, for a buffer zone adjacent to the Oso Wastewater Treatment Plant, with possible discussion and action related thereto in open session; Executive session pursuant to Texas Government Code Sections 551.071 regarding Hector Villareal et al v. Loyd Neal et al No. 020086800-F, 214~ District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Council Member Colmenero: 31. M2002-106 Motion authorizing the City Manager or his designee to execute a real estate sales contract in the amount of $160,000 for acquisition of 11.95 acres of land northwest of and adjacent to the Oso Wastewater Treatment Plant and out of Block 3, Edgewater Terrace and Lots 1, 2, 12 and 13, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, fi'om the owners, Rudolph T. Barrera, Co-Trustee, and Ramona L. Barrera, Co-Trustee, for use as part of the buffer zone for the Oso Wastewater Treatment Plant and for other municipal purposes. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal called for petitions from the audience. Minutes - Regular Council Meeting April 16, 2002 - Page 15 Ms. Norma Urban, President of the Corpus Christi Downtown Management District, said the DMD passed a resolution in which they supported the concept of developing the marina. She said the board also strongly encourages the Council to proceed with negotiations with a developer so as not to stop the current momentum. Mr. Abel Alonzo thanked the City Manager for making inclusive and diverse department head appointments. He also referred to the marina development project, saying that it will increase the city's tax base. He urged the Council to move forward. Mr. Tim Clower, 415 Start St., said the downtown area has been ignored and he does not believe that development there will affect the Packery Channel project. He said he believes the marina project will positively affect other businesses. Mr. Jack Gordy, 4118 Bray Dr., referred to a sign in front of Thomas J. Henry's business and a 4x8 sign in the right-of-way of 5212 Weber Road. He also said that previously, two city employees received car allowances and now 53 employees receive them. He said car allowances should only be used by employees to conduct city business and not given as a benefit. He said there needs to be accountability. Mr. J.E. O'Brien, 4130 Pompano, distributed copies of a letter to the Council from the Corpus Christi Taxpayers Association Inc. dated April 16, 2002. The letter states that the professional services contract between the city and Mr. W. Thomas Utter is in violation of Article X, Section 2(d) of the City Charter. Mr. O'Brien also said he had attended a meeting of the Water/Shore Advisory Committee in which no public comment was allowed on agenda items. He said if the policy is not clarified, he believes the chairman of that committee should be removed. Mayor Neal asked City Attorney Bray to review the April 16th letter distributed by Mr. O'Brien. He also asked about public comment during board and committee meetings. City Secretary Chapa replied that there is a policy stating that any public meetings held at City Hall must provide for public comment. Mr. Bray added that some boards provide for comment at the end of their meetings but not on every agenda item. Deputy City Manager Noe stated that the Water/Shore Advisory Committee had its public comment posted at the beginning of the meeting. He said it is not their normal practice to have public comment on every agenda item. Council Member Noyola requested copies of the minutes of that Water/Shore committee meeting. Mayor Neal called for the City Manager's report. Mr. Garcia said the next Council meeting will be held on April 23~d and scheduled items include a public hearing and presentation on the marina development project and the first reading of the single-member district plan. On April 30t~ there will be a joint meeting at noon with the Convention and Visitors Bureau followed by the regular meeting at 1 p.m. Items scheduled for the regular meeting include the utility rate model adjustments and an update on the Bond 2000 projects. The Mayor thanked Mr. Chesney for presiding at the joint meeting with the Airport Board Minutes - Regular Council Meeting April 16, 2002 - Page 16 on April 164 and earlier during this Council meeting. He said he was in Austin this morning attending a meeting of the Texas Strategic Military Planning Commission, to which he was recently reappointed. The Mayor also distributed a copy of an April 144 editorial in the Houston Chronicle entitled "City budget--citizens' costs go up; services remain substandard." He said that Houston is one of only three Texas cities with a "strong mayor" form of government. According to the editorial, Houston's FY02-03 budget is facing a $33 million shortfall. Mayor Neal said Houston is an example of what can happen when one person is given too much power. He said he believes Corpus Christi citizens are being told by members of a petition drive that the strong mayor model is an answer to all the city's problems. He said Corpus Christi does not have Houston's problems because over the last two years the Council, city staff, and public have done a good job of managing the budget. He then called for Council concerns and reports. Mr. Chesney referred to an April 164 article in the Corpus Christi Caller-Times about potential delays to the marina development project. He said he is in favor of some development at the marina and his intention was to obtain some additional form of public comment. He said rather than try to postpone the project, he feels a planning process can proceed at the same time that the Council considers allowing staff to negotiate with developers. Responding to a question from Mr. Chesney, Mr. Garcia said that city staff has not yet received the authority from the Council to begin negotiations with Landry's. He said there are many things staff would like to require them to do with regards to the development. He said a memorandum of agreement is a long way from any kind of lease agreement or contractual arrangement, which would require detailed review and public participation. Mr. Chesney said he thinks planning needs to be done to tie in the marina, the port, the arena and other bayfxont activities. Mr. Chesney also thanked Council Members Garrett, Scott and Kinnison for participating with him in the April 84 town hall meeting at Wilson Elementary School. He asked Mr. Garcia about the status of the "south wharf' project being proposed by Mr. Leon Loeb. Mr. Garcia replied that staff has had several discussions with Mr. Loeb and are trying to develop a memorandum of agreement with him since the Council authorized them to do so. He said the challenge has been txying to structure an agreement that allows Mr. Loeb to proceed so that the issue can be placed on the ballot for approval of the lease. Mr. Noe said that staff is reviewing the formal response they received from Mr. Loeb yesterday. He said Mr. Loeb is aiming for a final decision in May in anticipation of a November election. Mr. Garcia said the difference between Mr. Loeb's proposal and the marina development is that with the latter, the city owns existing property and it needs to ensure that its interests are protected as staffstmctures a lease agreement with another entity. On the other hand, he said he does not think the issues related to Mr. Loeb's proposal are that complex. He added that the time frames are also very different: about 7-10 years for the south wharf versus about three years for Landry's. Mr. Chesney also asked about the status of the sign in front of Mr. Hem-y's office. Mr. Noe said that April 12th was the deadline for Mr. Hem3' to apply for an application for a conditional sign permit but he did not do so. Mr. Noe said that as a result, Code Enforcement staff cited Mr. Henry for the sign and the next step is to Municipal Court for enforcement action. He said it is not a public Minutes - Regular Council Meeting April 16, 2002 - Page 17 health and safety issue. Mr. Garcia said the only things the city can regulate are the size and locations of signs-not their content. Mr. Bray said staff is following the same process with Mr. Henry's sign as it does with other sign violations. He said the city does not have the resources to file an injunction suit against all such violators. Mr. Chesney suggested that the ordinance may need to be changed to address certain issues. Mr. Noe said the judge will decide what action to take. Mayor Neal addressed the marina development issue, saying that the Council has not yet made a decision but will consider it on April 23rd with presentations and full public comment. Mr. Garrett asked if debris placed next to the containers used in the automated trash pick-up program would also be collected. Assistant City Manager Ron Massey said that extra trash was picked up during the transition period but then notices were disseminated stating that practice would cease because it defeats the purpose of the automated program. He said if people have an excess amount of trash on a regular basis, they can get another container; they can take it to the landfill; or they can recycle it if applicable. Mr. Garrett also asked about the Police Department photo imaging program. Mr. Garcia replied that Police ChiefAlvarez informed him today that they have resolved the issue and now have an agreement. Mr. Garrett asked about the status of the McArdle Road improvements project. Mr. Escobar said that Phase 1 (Everhart to Weber) should be completed in September 2002; Phase 2 (Carroll Lane to Weber) should be completed in August 2002. Mr. Kinnison asked if the marina issue on April 23rd can be scheduled after public comment at 5:30 p.m. so citizens can attend the meeting. There was a question about starting the meeting later but it was determined that it needs to start at 2 p.m. because of zoning cases that have been published. Mr. Kinnison said he thought the Council had not committed to putting the south wharf project on the November ballot. Mr. Garcia said the Council directed staff to proceed with negotiations with Mr. Loeb but they have not concluded them. Mr. Colmenero said he would like clarification about a pending permit to rent jet skis at the marina and be forwarded a letter to Mr. Garcia about a personnel matter. Mr. Colmenero also referred to a letter the Council received on April 16th from Mr. John Torrey, owner of a company called Captain Hook. He said the Council should be able to view Mr. Torrey's beach-cleaning machine. Mr. Garcia stated that staff has offered Mr. Torrey the opportunity to demonstrate the machine's effectiveness, which he has refused to do. He added that Mr. Torrey's proposal costs more than the city's current beach cleaning operation. Additional discussion ensued and staff responded to Council members' questions. Mr. Colmenero then made a motion to have Mr. Torrey provide a demonstration to the City Council of his company's beach-cleaning capabilities; seconded by Mr. Noyola. City Secretary Chapa polled the Council and the motion failed to pass by the following vote: Cohnenero, Kelly and Noyola voting "Aye"; Neal, Garrett, Kinnison and Scott voting "No"; Chesney and Longoria absent. Mayor Neal said he would support the idea of a pilot program in which Mr. Torrey can demonstrate the effectiveness of his equipment. Mr. Garrett said he thinks staff needs to view the machine and make a decision they can bring back to the Council. Minutes - Regular Council Meeting April 16, 2002 - Page 18 Mr. Noyola asked if the Planning Commission has been briefed about the marina development project and Mr. Noe said they have. Mr. Noyola requested input from the commissioners about the marina proposals. He also asked about Time Warner Cable's public access studio. Mr. Bray replied that the franchise agreement will come before the Council. Mr. Garcia pointed out that very few people use the Time Warner studio/production facility. Mr. Noyola said he hopes the cable company does not do away with it. Mr. Kelly asked about the Omaha Street improvements project. Mr. Escobar said that testing and televising of the sanitary sewer lines was completed and he is waiting for those reports. He said that last week staff met with the bonding company, which has agreed on the work to be done since the original contractor failed to complete the project. He said the bonding company is seeking bids from other contractors and the work will probably begin in mid-June. He added that the Engineering inspection department will monitor the project. He said the portion involving reopening driveways and accessing water meters should begin next week. Mr. Escobar said if the new contractor follows the originally proposed work schedule, the project should be completed by late September or early October. Mr. Kelly said the quarterly reports on Omaha Street seemed to indicate that everything was proceeding smoothly until the contractor walked off the job. He said that makes him wonder about the Hampshire Road project. Mr. Escobar said staff will provide a report. Mr. Garrett read a statement from Mr. Chesney in which he thanked the Mayor and Council for recessing the April 2nd special Council meeting so they could attend his father's memorial service. He said he and his family would like to thank all those who expressed their concern. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:30 p.m. on April 16, 2002. 2 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 $. 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 NAME NO. OF MTGS. 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% NOTE: Jerry Kane was not able to attend meetings on a regular basis due to some medical problems. He feels that he 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) 04-23-02.wpd, p. 1 J.C. Ayala Robert Broadway Douglas R. Dunn John E. Dunn Steven Hall, Ph.D. David Hayek Mike T. Johnson 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. (4-06-02) Refinery Services Manager, Valero Refining Company. Graduate of Univemity of Corpus 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 YMCP(.4-11-02) 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 recognitions include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-25-01) 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 04-23-02.wpd, page 2 Robert T. Lacy, Sr. Glenn E. Lyons Grandis Lenkin John Maceda Burris W. McRee 04-23-02.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. (3-27-02) 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 Committees. (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 Nadkami James A. Needham Allan Potter Mary Helen Salazar 04-23-02.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 from the Transportation Advisory Committee if appointed. (3-21-02) Owner, Govind and Associates. B.S. in Civil Engineering, Guajarat University; M.S. in Civil Engineering, 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 from 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). (3-29-02) 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 Hispadxc Chamber of Commerce. Wilson B. "Bill" Stewart Gonzalo Tamez Raul Torres Ronald B. Wheaton Sylvia A. Whitmore 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 from 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. from 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) Executive Vice-President, Frost National Bank. Graduate School of Banking, University of Colorado and B.A. from Texas A&M - Corpus Christi. Community activities include: President of Del Mar Foundation; Executive Committee/Past President, Texas State Aquarium; Board of Trustees, South Texas Institute for the Arts. Honoree of the Y Women in Careers 1996 and recipient of the C.C. Sales and Marketing Executive Sales Award. (4-19- O2) 04-23-02.wpd, page 5 ARTS & CULTURAL COMMISSION - One vacancy representing the category of Economic Development/Tourism with term to 9-01-02. Note: Since the term is set to expire shortly, it is recommended that Council reappoint the new appointee to a term ending 9-01-05. (Mayoral appointment subject to confirmation by CounciL) COMPOSITION SUMMARY Seventeen (17) members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, and the Hispanic Chamber of Commerce. The mayor may solicit suggested nominations for such appointments fi.om the respective cultural organizations for the non-lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS TERM ORIGINAL APPTD. DATE Chuck Anastos (Pub. Arff Pub. Space), Chairman 9-01-02 Linda Avila (Texas A&M-CC), Vice-Chairman 9-01-03 Deborah Fullerton (Visual Art) 9-01-04 Frank Trimble, III (Architecture) 9-01-02 Elia Gutierrez (Civic Leader) 9-01-04 Ricardo Sanchez (Marketing) 9-01-03 Sheila Rogers (Art / Business Development) 9-01-03 Cynthia Alcorta (Dance) 9-01-04 Dennis Kemmerer (Education/Youth) 9-01-04 * Tom Schmid (Economic Dev./Tourism) 9-01-02 Elizabeth Reese (Public Art/Public Space) 9-01-03 Anne Stewart (Del Mar College) 9-01-02 Tracie Rodriguez (Education/Youth) 9-01-03 George Balli (Drama) 9-01-04 Joe Ochoa (Economic Dev./Tourism) 9-01-03 Colin Sykes (Music) 9-01-04 Leticia Mondragon (Marketing) 9-01-03 12-12-00 2-22-00 8-24-99 11-13-01 2-22-00 2-29-00 8-24-99 11-13-01 12-08-98 12-12-00 8-24-99 11-13-01 11-13-01 8-24-99 11-13-01 12-12-00 2-22-00 * Resigned 04-23-02.wpd, page 6 INDIVIDUALS EXPRESSING INTEREST Isabel Arraiza Ph.D. candidate in Sociology, Boston College. Member of the American Sociological Association. Proponent of multicultural art in our community. Recipient of Latino Scholar Award fi.om Boston College in Spring 2001. (Public Art/Public Space) (9- 07-01) David Barganski Financial Consultant, A.G. Edwards. Graduate of Sinton High School with Honors. B.B.A. with Finance Major fi.om Texas A&M - College Station. (S-23-00) Dale D. Berry Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and commtmity activities include: Beautify Corpus Christi and the Association of Fund Raising Professionals. (1-24-02) Willie Campbell Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving his community. (Public Art/Public Space)(1-14-00) Edgar Farrera Self-employed Architectural Consultant. Master's degree in Architecture from U.T. Austin. Peer Panel member of the Arts & Cultural Commission. Former Director of the Columbus Fleet Association from 1992-94. (Architecture) (8-01-01) KevinFerrau Asset Manager, Citgo Refining & Chemicals. M.B.A. fi.om Pepperdine University; B.S. in Chemical Engineering, California State Polytechnic University. Community activities include: Padre Soccer League Board member, Director of Player Development and Coach; City of Corpus Christi Park and Recreation Department Volleyball League player. (3-08-02) Anna M. Flores President, International Meeting Planners. Management Training and Supervisory Training, Del Mar College. Served as Chairman for Hispanic Chamber of Commerce. Recipient of Outstanding 04-23-02.wpd, page 7 Linda O. Gibbson Brian York Grant JamesJones, Ph.D. Lynda A.J. Jones Shawnee Jones-Bormette Randy Lara 04-23-02.wpd, page 8 Community Service Award.(EconomicDevelopment /Tourism) 0-23-02) Artists Representative. Associate's degree (Medicine). Coordinates and participates in weekly life drawing class at Art Center of Corpus Christi. Volunteers as a docent for South Texas Institute of the Arts. Board member of Padre Island Enrichment Women's Club. Employedbyoperacompanyprior to relocating to Corpus Christi. (Public Art/Public Space) (10-03-00) Director of Critical Care, Chrisms Spohn Health System. Educatedin England with degrees in Nursing Management from the Oxford College of Technology. Member of Del Mar College Nursing Advisory Board. Singing Member of Corpus Christi Chorale. (Public Art/Public Space) (9-07-01) Retired Professor of Management, Del Mar College. Ph.D. from University of North Texas; M.B.A. from Texas A&~C. Recipient of the President's Award fi'om the Hotel Motel Condo Association for significant contributions to the hospitality industry. (Economic Development/Tourism)(8-13-O1) Fine Arts Teacher, Carroll High School. Part-time Assistant, W Studio. Co-owner, "WPB - Web Page Builder", web page design and hosting. B.A. in Education with major in Art and minor in English. (Education/Youth) (6-18-01) Dance educator & choreographer, Del Mar College. B.A. in Dance, University of Houston - Clear Lake. B.Ed. with Dance specialization, University of Houston Main Campus. Serves as a Teacher/choreographer for Corpus Christi Ballet and Harbor Playhouse. Activities include: Del Mar College Cultural Programs Committee Chair (1999- 2000) and C.C. Grant Review panelist (1999). (Dance or Del Mar College) (9-30-01) Marketing Specialist, Driscoll Children's Hospital. Member of Young Professionals Club, Corpus Christi J. Don Luna MollyMerkle Karen L. Middleton Mary "Linda" Moya Joe W. Oliver Daiquiri Richard Joe Rosenberg 04-23-02.wpd, page 9 Chamber of Commerce Ambassador, and Koch Coastal Bend Community Advisory Council. (9-13- 00) (Marketing) Associate Professor of Theater, Texas A&M-CC. M.F.A. in Acting and Directing, University of Arizona. Extensive experience acting and directing for theater and film. (1-14-00) (Texas A&M- CC) Completing her senior year in Fine Arts program at Texas A&M-CC. Serves on the Board of Trustees at South Texas Institute for the Arts. Artist at W-Studio with Bill Wilhelm. (9-10-01) Professor of Business Management, Texas A&M - Corpus Christi. Ph.D. Business Administration, University of Houston; M.B.A. Management & Marketing, University of Texas - San Antonio; Bachelor's degree in Music Education, Bradley University, Peoria, IL. Has performed with vocal groups in concerts in the Midwest and Northwest U.S., as well as in Asia. Was a music educator for 13 years before completing her Ph.D. in Business Administration. (Music) (9-29-00) Real estate agent. Board member of the Tejano Academy of Fine Arts and member of LULAC. Has lived in Corpus Christi over 40 years. (2-02-00) Inspection Supervisor, Citgo Refining & Chemical. B.S. in Mechanical Engineering, University of Texas at Austin. Professional activities include: American Society of Mechanical Engineers and a Registered Professional Engineer in Texas. Volunteers with youth sports organizations. (3-08-02) Executive Director, Beautify Corpus Christi Association. B.A. in Communications from Texas A&M-CC. (7-19-01) Executive Director, Bilingual Theater Company. Ph.D. in Theater; M.A.s in Theater and English. Professional playwright with extensive body of work. Editor of Aplauso, a volume of plays for children by various Hispanic groups in the U.S. (Arte Publico Press). Has directed and served as Artistic Director for Harbor Playhouse. (Theater) (10-25-00) Zachary Walter CCISD 5th Grade Teacher, Oak Park SES. B.A. in Elementary Education, TAMU-CC. Member of Kappa Delta D. Volunteers with Big Brothers/Big Sisters, Odyssey of the Mind coach and Oceans in Jeopardy coach. Recipient of FAME Award for acting from TAMU-CC. Founder of the 10th Street Theater. (Education/Youth) (05-20-99) Brian Watson Freelance photographer, writer andj oumalist. B.A. in Managerial Studies, Rice University. Numerous academic awards: President's Honor Roll at Rice University, National Dean's List and member of Phi Kappa Phi Academic Honor Society. Participant in the Community Leadership Development Program, receiving training in wide variety of areas affecting the disabled (transportation, housing, employment and advocacy). (11-26-01) 04-23-02.wpd, page 10 BOARD OF ADJUSTMENT - Seven (7) vacancies with two-year terms to 4-04-04, two of which represent the category of Alternate. (NOTE: The board has a policy of requesting the appointment of the longest-serving Alternate member to a vacant position and that a new person fill the Alternate position.) COMPOSITION Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. MEMBERS TERM ORIGINAL APPTD. DATE * Peter Mahaffey, Chairman 4-04-02 8-12-97 * Thomas McDonald, Vice-Chairman 4-04-02 4-14-98 * Robert Broadway 4-04-02 10-10-00 * Louis Alvarado 4-04-02 4-14-98 * Charles Schibi 4-04-02 3 - 13 -01 * John Martinez (Alternate) 4-04-02 10-10-00 * Gene Clancy (Alternate) 4-04-02 3-13-01 Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Peter Mahaffey, Chair 10 Thomas McDonald, V-Chair 10 Robert Broadway 10 Louis Alvarado 10 Charles Schibi 10 John Martinez (Alternate) 10 Gene Clancy (Alternate) 10 9 90% 10 100% 6 60% 9 90% 5 50% 8 80% 10 100% OTHER INDIVIDUAL EXPRESSING INTEREST Gary Motl Owner, Crystal Construction. Attended West Texas State University, Texas Tech and Del Mar College. Active with the U.S. Open Windsurfing Regatta and East West Powerboat Shoot Out. (9~18-00) 04-23-02.wpd, page 11 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of nine heavy trucks in accordance with Bid Invitation No. BI-0059-02 from the following companies, for the following mounts, based on low bid, for a total amount of $556,629. Eight units are replacements and one unit is an addition to the fleet. Funds are available from the FY01-02 Capital Outlay Fund. Crosstown Ford Sales, Inc. Corpus Christi, Texas 7 Units $418,941 Fleetpride Power Equipment Corpus Christi, Texas 2 Units $137,688 Grand Total: $556,629 Purpose: The trucks are to be used by Gas, Wastewater, Water and Storm Water. One additional unit will be purchased for the Gas Department. Eight units are replacement vehicles. Replaced units will be disposed of through standard disposal of surplus property procedures. The additional unit for the Gas Department is a 12,500 GVWR welders truck. This truck will be used for an additional Gas Construction Crew. Bid Invitations Issued: Thirteen Bids Received: Three Price Analysis: When compared to like items bid last year, pricing has remained stable. Basis of Award: Low Bid Funding: Maintenance Services 550020-5110-40110 Capit~ Outlay Nos. 141,143,152,162, 163,167,168,171,172,175 $580,000 Mmhael ~}~arrera~ C ~M Procurement & General Services Manager BI -0059-02 Heavy Trucks Buyer: Michael Barrera City of Corpus Christi - Purchasing Item Number Qty Crosstown Ford Corpus Christi, TX Unit Price Total Price Fleetpride Corpus Christi, TX Vista Chevrolet Corpus Christi, TX Unit Price Total Price Unit Price Total Price 1. Series (HT -1) 1 Ton, 12,500 Lbs GVWR 1 each 33 985.00 NO BID 42,972.00 42,972.00 2. Series (HT -1.5) 15,000 lbs. GVWR 1 each 32.447.00 NO BID NO BID NO BID 3. Series (HT -3) 25,500 lbs. GVWR 1 each 50.983.00 54,648.00 4. Series (HT -3) 25,500 lbs GVWR 1 each 65 299.00 69,749.00 5. Series (HT -4) 33,000 lbs GVWR 1 each 46.365.00 49,935.00 6. Series (HT -5) 33,000 lbs. GVWR 1 each 90,427.00 92,841.00 7. Series (HT -5) 33,000 lbs. GVWR 1 each 99.435.00 101,849.00 8. Dump Truck, 52000 GVWR 2 each 71,409.00 142,818.00 68,844.00 137.688.00 "" Award Total $ 418,941.00 Grand Total $ 556,629.00 $137,688.00 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of two tractor loader backhoes from the following companies for the following amounts, in accordance with Bid Invitation No. BI-0063-02, based on low bid, for a total of $110,762. The backhoes will be used by the Storm Water and Water Departments. One unit is an addition to the fleet and the other is a replacement. Funds are available through the FY01-02 Capital Outlay Fund. Crescent Machinery Company Corpus Christi, Texas Bid Item 2 $46,989 H&V Equipment Services, Inc. Corpus Christi, Texas Bid Item 1 $63,773 Grand Total: $110,762 BACKGROUND: Purpose: The Storm Water unit is an addition to the fleet and will be used for breaking concrete and general excavation required in the repair and maintenance of storm water utility lines. It is equipped with a hydraulic concrete breaker that will automate the previous process of breaking concrete with air driven hammers. The Water Department unit is a replacement and will be used for general excavation in residential areas where larger backhoes are unable to maneuver. Bid Notices Issued: Bids Received: Price Analysis: Award Basis: Funding: Michael Barrera, C~. Procurement & Gen, Ten Five When compared to similar purchases over the past two years, pricing has remained stable. Low Bid Maintenance Services 550020-5 ! 10-40110 $121,000 Capital Outlay Nos. 150, 151 and 164 :M. ~ral Services Manager CITY OF CORPUS CHRISTI Bid Invitation No. BI -0063-02 PURCHASING DIVISION Tractor Loader Backhoe BID TABULATION BUYER: Michael Barrera ITEM DESCRIPTION QTY. H & V Equipment Services, Inc. Corpus Christi, Texas UNIT TOTAL PRICE PRICE Nueces Power Equip. Corpus Christi, Texas UNIT TOTAL PRICE PRICE Waukesha -Pearce Ind. Corpus Christi, Texas UNIT TOTAL PRICE PRICE Crescent Machinery Co. Corpus Christi, Texas UNIT TOTAL PRICE PRICE HoR Co. Corpus Christi, Texas UNIT TOTAL PRICE PRICE I Series IV -Tractor Loader Backhoe 1 $63,773 $63,997 $65,159.65 $65,561 $73,779 2 Series I -Tractor Loader Backhoe with 1 No Bid No Bid 66,704.81 46y89 No Bid Extendahoe Award Total $63,773 Grand Total $110,762 $46,989 5 AGENDA MEMORANDUM DATE: April 23, 2002 SUBJECT: City Hall HVAC Chillers and Control System AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering in the amount of $96,900 for replacement and upgrade of the City Hall Heating Ventilation and Air Conditioning Chillers and Control System. ISSUE: The existing chillers require increasing maintenance and unscheduled repairs. The system is deemed to be near the end of its end of its economic life and requires replacement. RECOMMENDATION: Approval of the motion as presented. ~l~/t, ngel R. Escobar, P.E. Director of Engineering Services Attachments: A. Additional Information B. Contract Summaries H:\HOME\KEViNS\GE N\CITYHALL\HVAC~AE-AWD,M ADDITIONAL INFORMATION BACKGROUND: The existing cooling system consists of two gas absorption chillers supplying chilled water to variable air volume (VAV) air handlers. The chilled water system consists of two 243-ton Hitachi gas fired absorption chillers. While the equipment is properly sized, the current system is incapable of meeting cooling demand. A January 2001 evaluation by Bath Engineering found the chillers were producing only 80% (194- tons) of the designed capacity. The reduced cooling was due to several factors relating to the age of the equipment. The factors include: 1. reduced pump efficiencies from the absorbers; 2. deteriorated and damaged tubes; and 3. tube foiling. The terminal equipment (VAV boxes) are in poor condition. The VAV boxes are necessary to distribute the cooling provided by the chillers. A number of boxes have been replaced by Facility Maintenance as funding permitted. The existing control system was the last of its type delivered by the manufacturer. It is obsolete and provides limited control. Changes in cooling load factors require a labor intensive response to make adjustments. New digital controls have been installed for the Council Chamber, and needs to be extended throughout the building. The system is increasingly subject to unanticipated failures. City Hall does not have an alternative ventilation system, and is reliant on proper operation of the HVAC system. PRIOR COUNCIL ACTION: Approval of the FY2001-2002 Annual Budget, Ordinance No. 024528. FUTURE COUNCIL ACTION: Award of a construction contract for replacement and upgrade of the City Hall heating ventilation and air-conditioning chillers and control system. CONSULTANT SELECTION: Bath Engineering was engaged administratively to conduct a thermal load study for City Hall that was completed in January 2001. That study documented the condition of the central plant and HVAC system. The firm is thoroughly familiar with the City Hall central plant and HVAC system. They are the most knowledgeable local firm regarding the City Hall system. They are able to proceed immediately which will optimize replacement of the system next winter during periods of minimum cooling requirements. I EXHIBIT "A" Page 1 of 2 CONTRACT SCOPE/FEE: A contract summary is attached. A comprehensive analysis of the entire system is required to ensure the resulting chiller replacement and upgrades results in the desired result. A comprehensive design reduces the cost of engineering fees if the components were addressed through separate contracts. PROJECT DESCRIPTION: The project will result in the installation of a 350-ton and a 150- ton gas absorption chiller with necessary contrels, pumps, and piping modifications. This configuration will allow for improved efficiency in addressing base and peak cooling load requirements. Replacement of terminal units (VAV boxes) with stand alone digital controls will be provided as permitted by funding availability. FUNDING: Funding is available from Facility Management FY2001-2002 Annual Budget. EXHIBIT "A" J Page 2 of 2 CONTRACT SUMMARY SCOPE OF SERVICES The Consultant's services will include basic research, documentation and design necessary for the preparation of plans and specifications required for the for the: · repair/replacement of the terminal units throughout City Hall with modem terminal units with stand alone digital controls; · replacement of the gas fired absorption chillers that supply chilled water to City Hall with piping changes and schemes for a variable flow system to save energy by reducing the electrical demand to the existing pumping system; and · assessment of the compatibility of all new digital controls in the machine room with the existing control system at City Hall for possible inclusion into the existing controls software package. 1. Preliminary Phase - The Consultant will: a. Confirm, evaluate, and field-verify existing site conditions. City will provide record information and data as available from City Engineering files. b. Meet as needed with City staff and other Agencies to define the project concept and identify any permitting. c. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. Design Phase - The Consultant will: Develop and submit for review a 60% complete set of plans, with layout of the plans in the City of Corpus Christi's preferred format. Furnish the desired quantity of plan sets to the City of Corpus Christi for review and comment. Cost of reproduction services shall be assumed by the City as part of the authorized fee. · Develop and submit an opinion of probable construction cost for the project improvements. · Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. Complete and submit a 100% complete set of construction drawings, plans, details, contract documents, technical specifications, and bid documents in accordance with the City of Corpus Chdsti's preferred standard format. · Provide the marked-up 60% review set so the City may determine that the comments were incorporated into the 100% set. · Provide the final opinion of probable construction cost. · Furnish the City with both a reproducible set of plans with specifications and bid documents for the bidding process, as well as the full documents in electronic format. 3. Bid Phase - The Consultant will: a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents; Exhibit B Page 1 of 3 I b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; c. assist the City Engineer in securing bids, analyze bids, prepare a bid tabulation, and make a written recommendation concerning award of the contract; and d. in the event the bid received by the lowest responsible bidder exceeds the established project budget for construction, the Consultant will, at his/her expense, confer with City Engineer and make revisions as necessary and satisfactory to the City Engineer to permit the re-advertising of the project for bids. 4. Construction Phase - The Consultant will: a. attend and assist the City Engineer with a pre-construction meeting between the contractor, City Engineer, and other interested parties; b. review and check for approval, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer; c. provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; d. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; e. consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Site visits will include minimum inspections to ensure compliance with contract documents. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. g. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract 5, Record Drawings - The consultant will review the Contractor's field set of construction drawings and specifications. On the basis of "red-line" drawings and marked-up specifications provided by Contractor, and based upon known deviations, change orders, mark-ups, and changes reported by the City project inspector, the Consultant shall prepare "as-built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r. 14 or later) of the record drawings and a marked up set of specifications. POST-CONSTRUCTION SERVICES - The Consultant will: conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to final inspection; Exhibit B Page 2 of 3 ] b. conduct a final inspection with the City representative and contractor which shall include a familiarization walk-through with City personnel (if applicable) of mechanical and control systems, emergency procedures, and maintenance procedures; c. review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and d. assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building Official. FEES AUTHORIZED Summary of Fees: li.1 Preliminary Phase: - 20% Fee Due $19,380.00 11.2 Design Phase: - 65% Fee Due $62,985.00 11.3 Bid Phase: - 5% Fee Due $4,845.00 11.4 Construction Phase: -10% Fee Due $9,690.00 TOTAL FEE $96,900.00 Exhibit B Page 3 of 3 J 6 AGENDA MEMORANDUM March 21, 2002 AGENDA ITEM: Motion approving the reimbursement application submitted by Braselton Land Ventures, Inc., owner and developer of The Park at Dunbarton Oaks Subdivision, (who will complete construction of the full street), for reimbursement of developer's contribution for in lieu of half street construction of Patti Drive as was required by the development of The Village at Dunbarton Oak Unit I Subdivision and approved by City Council Ordinance No. 024154 on August 22, 2000; and Ordinance appropriating $45,445.57 from the Street Trust Fund, Village/Dunbarton Oak 1 Subaccount No. 6010-263033, to pay Braselton Land Ventures, Inc.'s request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by development of The Village at Dunbarton Oak Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting; and declaring an emergency. ISSUE: Braselton Land Ventures, Inc., owner and developer of The Park at Dunbarton Oak, is required to construct his half of Patti Drive as required by platting and, as the developer of The Village at Dunbarton Oak and contributor of money in lieu of construction for the adjoining half street, has the obligation to construct the full street and is requesting reimbursement of costs associated with the previously deferred construction of the half street in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ~,r~el R. Escobar, P.E. Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Location Map Reimbursement Application AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Braselton Land Ventures, Inc., now developing The Park at Dunbarton Oaks subdivision, is required to construct half of Patti Drive (Type C1 Collector Street, 40' B-B in a 60-foot right of way) as a requirement of platting. Braselton Land Ventures, Inc. also developed the adjacent and abutting subdivision, The Village at Dunbarton Oak Unit 1, a 7.88 acre tract that was previously platted out of Lots 3, 4, 13, and 14, Section 11, Flour Bluff & Encinal Farm & Garden Tracts. At the time of platting, Staff recommended that construction of a half street (portion of Patti Ddve) be deferred until such time that the full right-of-way width of the sections of Patti Drive could be constructed in the future, and that developer provide cash in lieu of construction in accordance with Section IV-A.12.d) of the Platting Ordinance. By Ordinance No. 024154, dated August 22, 2000, City Council approved developer's contribution for in lieu of half street construction of Patti Ddve (with supporting public utility infrastructure), and establishment of a City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution, and restricting said monies for completion of the "improvements" at the time of platting and development of properties directly adjacent to and abutting the secured "improvement" opposite The Village at Dunbarton Oak Unit 1. The development of The Park at Dunbarton Oaks subdivision is the property directly adjacent to and abutting the secured "improvement" opposite The Village at Dunbarton Oak Unit 1. See Exhibit B, Location Map. Braselton Land Ventures, Inc. is therefore requesting reimbursement of monies required to build the half street previously deferred which now will complement the half street required for plat recordation of The Park at Dunbarton Oak subdivision, enabling construction of a full Patti Drive to the southern limit of Braselton-owned properties. DEVELOPER REQUEST: The developer paid $51,673.70 for the deferral based on their engineer's opinion of probable construction cost in August 2000. The actual construction cost based on bids was $45,445.57. The difference appears to have mainly due to a decrease in the cost of PVC water pipe. The developer has requested the full payment be reimbursed. Staff reading of the ordinance is that the payment is for the deferral, and only the actual cost is due the developer. Excess payments remain in the trust and are used to defray the costs of payments that were inadequate to cover the cost of improvements. The developer has been informed that Council is being requested to authorize payment of the actual construction cost ($45,445.57). Exhibit C contains cost-supporting documentation, including the Reimbursement Application, for developer's request. TIMING OF REIMBURSEMENT REQUEST: The Platting Ordinance requires that the developer constructing the full street must submit an application for reimbursement, including all cost supporting documentation, to the Director of Engineering Services pdor to the construction of the half street or construction both of the half street and either or both of its related water and sanitary sewer infrastructure improvements. The developer has begun construction of the subdivision and needs the reimbursement to construct the half street for which money in lieu of construction was previously provided. Page 1 of 1 ;/ I ~llll~ / . ~ ~ I ~11 , / ; I -.1',~ ',111 ~. ,~ J ~ ' LO~ON ~ N.T.S. ]II~P--~ .... ~---~--~- ~ ~ ~ ...... ~ ~1~----- ...... ,~ .... ~- ~ · , J~' -I ...... ~ I ~ ~ ~ ... -- ~o i [/ - , ~m ~ ~ [!~-'~ .... ~ I~ ~ I i~ ~i , , IJ~Jl '~ '!11 1~ ,.~.,.b '1 ~ I_ ~ I -~"- ~ I I1~ ............ ~- IIII ~ I I _~r ~ ~ i11~ ~ ~ ~ ', ~ . , I~G ~1 ~ lit -~, ~ ~ ~,.~ ~" ', REIMBURSEMENT OF 1/2 STRE~ ESCROW FO~ THE VIL~GE AT DUNBA~TON OAK~ EXHIBIT ST~E~ CONSTRUCTION PROJECT a Engineer: Chuck Urban By: CRR EXHIBIT C REIMBURSEMENT OF 1/2 STREET ESCROW FOR THE VILLAGE AT DUNBARTON OAKS STREET CONSTRUCTION PROJECT Date: 3-15-02 Job No.24264.A1.02 ITEM DESCRIPTION QUAN.5% + UNIT PRIcEUNIT TOTALcosT COMPARATIVE ESTIMATE FOR ESCROWED AMOUNT WITH 2002 PRICING: A. PAVING IMPROVEMENTS: 1 Roadway Excavation 1,134 CY $2.50 $2,835.00 2 2" HMAC Including Prime Coat 1,007 SY $6.60 $6,646.20 3 8" Cement Stabilzied Caliche Base 1,007 SY $5.90 $5,941.30 4 8" Lime Stabilzied Subgrade 1,176 SY $3.75 $4,410.00 5 6" 'L' Curb 503 LF $7.15 $3,596.45 6 4' Concrete Sidewalk 2,016 SF $2.00 $4,032.00 7 Street Barricade I EA $1,200.00 $1,200.00 PAVING SUB-TOTAL: $28,660.95 B. WATER IMPROVEMENTS: I 8" PVC C-900 503 LF $13.00 $6,539.00 2 8" Gate Valve and Box 2 EA $675.00 $1,350.00 3 Tap Existing Line I LS $750.00 $750.00 4 8" Cap w/2" Blowoff Valve 1 EA $325.00 $325.00 5 Fire Hydrant 2 i EA $1,350.00 $2,700.00 6 8"x6" Ductile Iron Tee 2 EA $250.00 $500.00 7 6"x90 Degree M.J. Anchor Bend 2 FcA $150.00 $300.00 8 6"x30" Swivel to Solid Adapter 2 EA $150.00 $300.00 9 6" Gate Valve and Box 2 EA $425.00 $850.00 WATER SUB-TOTAL: $13,614.00 I ESCROW TOTAL WITH 2002 PRICING: $42,274.95 ENGINEERING FEE: $3,t70.62 TOTAL: $45,445.57 Pdnt Date:4/11/02 Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 Exhibit C P.ge I of 2 APPLICATION FOR STREET PARTICIPATION REIMBURSEMENT We, Braselton Land Ventures ~ owner and ~veloper of The Village at Dunbarton Oaks Subdivision, hereby request reimbursement of $.~5L68~ ,~r the reimbursement of developer's contributm for in lieu of half street construction of Patti Drive as required b~ the development of The Village at Dunbarton Oaks Subdivision, as provided for by City Ordinance No. 24154. Said ~ is the construction cost, including 7-1/2% engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. (Date) THE STATE OF TEXAS n COUNTY OF NUECES t~ .-- This instrument was acknowledged before me on ~)~o,~\ tn ,2002 Public in and for Nue~mty, Texas CERTIFICATION The information submitted with the application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to appropriation and approval by the City Council. A~ff.~6to~ o(Engineering (Date) (City Engineer) Exhibit C Page 2 of 2 ORDINANCE APPROPRIATING $45,445.57 FROM THE STREET TRUST FUND, VILLAGE/DUNBARTON OAK UNIT 1 SUBACCOUNT NO. 6010-263033, TO PAY BRASELTON LAND VENTURES, INC.'S REQUEST FOR REIMBURSEMENT IN ACCORDANCE WITH THE PLATTING ORDINANCE, TO FUND CONSTRUCTION OF HALF STREET (WITH SUPPORTING PUBLIC UTILITY INFRASTRUCTURE) REQUIRED BY DEVELOPMENT OF THE VILLAGE AT DUNBARTON OAK UNIT 1 SUBDIVISION, SAID CONSTRUCTION HAVING PREVIOUSLY BEEN DEFERRED FOR CASH IN LIEU OF CONSTRUCTION DURING PLATTING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $63,388.75 is appropriated from the Street Trust Fund, Village/Dunbarton Oak Unit 1 Subaccount No. 6010-263033, to pay Braselton Land Ventures, Inc.'s request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by development of The Village at Dunbarton Oak Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting. 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 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. , 2001. ATTEST: THE CITY OF CORPUS CHRISTI Axmando Chapa City Secretary A eaOV , 7 ,2ooz James R. Bray, ~r.~0' City Attorney Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr. Mayor H 5LEG-DIRXLI SA\ORD3 \ORD3.496 7 AGENDA MEMORANDUM February 18, 2002 SUBJECT: Participation Agreement- Cimarron Crossing Unit 5, Block 14, Lot 1 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, developer of Cimarron Crossing Unit 5, Block 14, Lot 1, for public street improvements on Cimarron Boulevard in accordance with the Platting Ordinance, of which the City's share must not exceed $14,137.27 for said improvements; and declaring an emergency. ISSUE: Corpus Christi Independent School District (CCISD), developer of Cimarron Crossing Unit 5, Block 14, Lot 1, was required to complete construction of public improvements for plat recordation and is requesting compensation as proposed by the Participation Agreement (Exhibit D) for the upgrading of public street improvements to a Neighborhood C2 Collector with a 70-foot ROW along the subject property frontage. Reimbursement to CCISD will be made upon the acceptance of the completed public improvements. FUNDING: Funds are available in the Street Capital Projects Fund for the City's share of New Subdivision Street Construction. RECOMMENDATION: Staff recommends approval of the ordinance as presented and the encumbrance of $14,137.27 from the Street Capital Projects Fund for disbursement to the developer upon completion and acceptance of the improvements by the City. ~oI'R. Escobar, P.E. Director of Engineering Services Attachments: 1 Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Site Location Map Construction Cost Estimate Participation Agreement 1 H~leol~gen~AG02X, Agenda Memo-CCISD.M ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Corpus Christi Independent School District (CCISD), owner and developer of Cimarron Crossing Unit 5, Block 14, Lot 1, upgraded existing Cimarron Boulevard along the subject property frontage to a Neighborhood C2 Collector with a 70-foot ROW in compliance with the platting ordinance. The subdivision plat is recorded in Volume 60, Page 1 of the Map Records of Nueces County, Texas. The public improvements were accepted by the City on October 14, 1999. The street improvements constructed by the developer are shown on Exhibit 'B', Site Location Map. The development area is bounded on the west by 497 linear feet of Cimarron Boulevard pavement right-of-way. Construction of the elementary school on the subject property created the need to upgrade the affected portion of Cimarren Boulevard from the standards for a Residential C1 Collector (2" HMAC, 6" Caliche Base, 8" Limed Subgrade, 40-foot B-B) to those of a Neighborhood C2 Collector (2" HMAC, 8" Caliche Base, 10" Limed Subgrade, 48-foot B-B). The improvements were constructed in accordance with plans and specifications approved by the City. STREET PARTICIPATION REQUIREMENT: Platting Ordinance Section V, Subsection B, 1, b), provides that "The City will pay additional construction costs with regard to pavement thickness greater than those of a Residential Collector street cross section for Neighborhood Collectors and Commercial Collectors to the extent permitted by the Texas Local Government Code, §§ 212.071 et. seq. Supporting construction costs taken from as-built quantities are shown in Exhibit 'C'. The City's share of costs must not exceed $14,137.27 for the street construction. FACTORS THAT DELAYED EXECUTION OF THE STREET PARTICIPATION AGREEMENT: The City's funds for participation in new subdivision street construction come from the Street Capital Projects Funds. Because of experienced budget shortfalls, in July 1999 the City Council approved deferral of 26 different accounts, including Subdivision Street Participation, pending Bond Election 2000. Therefore, no monies were available for participation in street construction for subdivision development. Because City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, the City's Engineering Department could not process the agreement for Cimarron Crossing Unit 5, Block 14, Lot 1 as required. Exhibit "A" I Page 1 of 2 As the City Engineer's designee in subdivision plan review and approval, the Special Services Engineer acknowledged the technical sufficiency of the subdivision plans, including, in principle, the adequacy of City share of street participation presented by the developer's Engineer. Through his Engineer, the Developer was made aware that funding of participation agreements had been deleted from the City's 2000-2001 budget in July 1999 and deferral made for up to three years, that the City's Legal Department had advised that City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, and that the City's upper management was fully apprised of the situation and supportive of the need for the City to meet its fiscal obligation concerning this project when funds became available. The developer was fully aware that he was proceeding with the street construction at risk. CURRENT ACTION: The favorable outcome of Bond Election 2000 provided funds for Subdivision Street Participation in the current budget. Approval of this Ordinance by the City Council will allow the City Manager, or his designee, to execute the Participation Agreement as proposed to pay Corpus Christi Independent School District for the City's share of $14,137.27 of the public street improvements. Exhibit "A" Page 2 of 2 NOT TO ~ SITE OF CITY .~I PARTICIPATION' NOT TO SCALE IlIJI~£NGINEERING I PAR'nCPATION FOR IqJBLIC $'rl~=T M=ROVE]U~'~ CIdN~RON BOULEVARD BLOCK 14, LOT 1 CIMARRON CROSSING UNIT 5 CITY COUNCIL EXHIBIT B PAGE: 1 of 1 DATE: 02-14-02 Engineer: Chuck Urban By: Carter Reid Client: CCISD Cost Estimate for Paving Improvements Block 14, Lot I Cimarron Crossing Unit $ Date: 8-26-99 Job No. 24158/98.03 TEN DESCRIPTION QUAN. + UNIT UNIT TOTAL 6% PRICE COST BASE BID A. PAVING IMPROVEMENTS I Clearin~ and Grubbin~l 0.34 AC $2,000.00 $680.00 2 Excavation (On-site) 1~132 CY $2.50 $2~830.00 3 2" HMAC 1~335 SY $5.80 $7~743.00 4 Prime Coat %335 SY $0.40 $534.00 5 8" Crushed Stone 1,276 SY $10.00 $12t760.00 6 10~ Lime Sub~lrade 5% 1~508 SY $5.10 $7,690.80 7 6" L-Curb 522 LF $10.00 $5~220.00 8 5' Tied Sidewalk 2~610 SF $3.20 $81352.00 9 Haul In & Compact Select Fill 600 CY $7.60 $4~560.00 10 Commercial Driveway' 20' width I EA $2~425.00 $2~425.00 11 Commemial Driveway 30' width 2 EA $2~710.00 $5,420.00 PAVING SUB-TOTAL $58r214.80 B. ,DRAINAGE IMPROVEMENTS I 15' Slot Inlet I EA $2,370.00 $2~370.00 2 116" RCP 9 LF $60.00 $540.00 3 DSHA Trench Protection 9 LF $2.00 $18.00 DRAINAGE SUB-TOTAL $2r928.00 C. MISCELLANEOUS IMPROVEMENTS 1 Silt Fence Around Inlets 17 LF $6.00 $102.00 MISC. SUB-TOTAL $102.00 TOTAL IMPROVEMENTS $61,244.80 D. RESIDENTIAL COLLECTOR SECTION 1 Cleadn~l and Grubbinc. I 0.34 AC $2,000.00 $680.00 2 Excavation (On-site) 713 CY $2.50 $1,781.25 3 2" HMAC 1,108 SY $5.80 $6,426.40 4 Prime Coat 1,108 SY $0.40 $443.20 '5! 6" Compacted Caliche Base 1,312 SY $6.00 $7~872.00 *6 8" Compacted Lime Stab. Sub~lrade 1~312 SY $3.00 $3,936.00 8 8" L-Curb 522 LF $10.00 $5~220.00 9 4' Sidewalk 2~100 SF $3.00 $6~300.00 10 Haul in & Compact Select Fill 600 CY $7.60 $4,560.00 RESIDENTIAL COLLECTOR SUB-TOTAL $37,218.85 Cost~ Ceilina2 [IGHBORHOOD COLLECTOR CONSTRUCTIOI~ $50~369.80 $15~110.94 CITY PARTICIPATION ELIGIBILIT~ 1.075 LS $13,150.95 $14,137.27 1 - Does not include cost of itmes A. 10 and A.I 1 2- Equals 30% maximum regulatory participation limit Urban Engineering I Exhibit "C" 2725 Swantner Page 1 of corpus Christi, TX. 78404 (361) 991-3582 PARTICIPATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas, and Corpus Christi Independent School District (Developer), P. O. Box 110, Corpus Christi, Texas, 78403-0110. WHEREAS, Developer has completed a subdivision known as Cimarron Crossing Unit 5, Block 14, Lot 1, being 11.34 acres of land, a plat of which was filed for record in Volume 60 page 1 of the Map Records of Nueces County, Texas; and WHEREAS, Developer, in compliance with the provisions of the City Platting Ordinance, is required to dedicate the right-of-way for Cimarron Boulevard, and to improve one half of Cimarron Boulevard to the minimum standards of the Platting Ordinance; NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: Developer has constructed certain improvements for and on behalf of the City, including pavement and sidewalks on Cimarron Boulevard, which bounds the above described plat, as depicted in exhibit 'B'. The improvements have been constructed to the minimum standards required for a Neighborhood C2 Collector as requested by the City as an upgrade from the usual minimum standards of a Residential C1 Collector in order to serve the traffic needs of the elementary school. The improvements have been constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if the improvements are found to be not constructed per the approved plans and specifications; the corrections will then be contracted for and financed completely by the Developer. For Cimarron Crossing Unit 5, Block 14, Lot 1, the total estimated cost of the City's share of public street improvements, as depicted in Exhibit 'C' is $14,137.27. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: a. Upon recordation of the final plat of Cimarron Crossing Unit 5, Block 14, Lot 1, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $14,137.27 of the required public improvements. b. Developer must indemnify and hold harmless the City, its agents, officers and employees (Indemnities) from all suits, actions or claims, and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incidental to this street construction developer agreement, regardless of cause or of any concurrent or contributing fault or negligence of Indemnities, including Indemnities' sole negligence. Exhibit "D" ] Page 1 of 2 The Agreement becomes effective and binding upon and insures to the benefit of the parties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED IN TRIPLICATE originals, this __ ATTEST: By:. City Secretary APPROVED: __ Day of ,2002 day of CITY OF CORPUS CHRISTI By:. ,2002. David Garcia, City Manager CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By:. Assistant City Attorney THE STATE OF TEXAS By: Superintendent Exhibit "D" Page 2 of 2 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, DEVELOPER, FOR PUBLIC STREET IMPROVEMENTS ON CIMARRON BOULEVARD, LOT 1, BLOCK 14, UNIT 5, CIMARRON CROSSING , IN ACCORDANCE WITH THE PLATTING ORDINANCE, NOT TO EXCEED $14,137.27 FOR CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated, the City Manager, or his designee, is authorized to execute a participation agreement with Corpus Christi Independent School District, Developer, for public street improvements on Deer Run Drive abutting a dedicated public park not to exceed $14,137.27 for the City's share of the costs of the improvements. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Counc# (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 19th day of March, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Legal Form Approved March 14, 2002 James R. Bray Jr. By: 'Doyle D.(~urtis Senior A~sistant City Attorney Samuel L. Neal, Jr., Mayor H:\LEG~D~R\D~y~eDCur~is~YD~CS~2~P&Z~RD~2~Participati~nAgreernent\~rdinanc\~SD~Cirnarr~n~r~ssing~Unit5~imarr~n~Blvd.~rd~wpd 8 CITY COUNCIL AGENDA MEMORANDUM Date: April 16, 2002 AGENDA ITEM: Motion approving the pumhase of 11 automated vehicle location systems from Siemens, Cedar Rapids, Iowa for the total amount of $77,000. The equipment is for the Police Department funded through the Law Enforcement Block Grant and the Crime Control and Prevention District. ISSUE: The equipment is needed to provide vehicle location devices in marked units. BACKGROUND INFORMATION: The devices will be placed in 3 additional police package vehicles purchased from the Law Enforcement Block Grant for the new Community Policing Districts, 3 additional units from the Crime Control and Prevention District for the Directed Patrol Officers, and 5 existing units that are being upgraded from DARE vehicles to Directed Patrol vehicles using approved Crime Control District funding. The purchase is sole source to maintain the current vendor. FUNDING: Funds are available from the Law Enforcement Block Grant and the Crime Control and Prevention District. REQUIRED COUNCIL ACTION: Approval of purchase. RECOMMENI)ATION: Staff recommends approval of purchase. Chief of Police SIEMENS April 16, 2002 Captain Leonard Scott Co~pus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Dear Captain Scott: Siemens is pleased to provide you a quote for i I additional vehicle systems. I have not included the cost ora laptnp mount or the laptop in this pricing, nor have I priced installation. The equipment is warranted as new and as we discussed certain components might be refurbished but radios have been purchased from Dailey Wells and all equipment furnished is warra~ltcd as new. The delivery of these assemblies will be 90 to i 20 days based on the current p~oduction schedule, and this quote is valid for a,5 days from the date above. Pricing per vehicle system is can'icd from the original Rockwell contract with CPI adjustments and thc shutdown timer addition. This proposal also assumes that Sicmcns Transportation Systems, Inc. General Terms and Condition of Sale ate applicable. 1 ! Vehicle Systems ~ $7,000 per system $77,000 Total $77,000 Sincerely, Mike Lehner Project Manager Siemens/ILG 9 CITY COUNCIL AGENDA MEMORANDUM Date: April 16, 2002 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $69,995 to the State of Texas, Criminal Justice Division for funding to continue a project in the Police Department to prevent minors from purchasing and consuming alcohol. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concern in the community. The program will continue to address this problem and enhance the enforcement of underage drinking laws. BACKGROUND INFORMATION: The Criminal Justice Division of the Governor's Office is providing 6 month funding from May 1 to November I to continue projects to prevent minors from purchasing and consuming alcohol. The purpose of the program is to strictly enforce state law regarding underage purchase and consumption of alcohol, discourage the sale of alcohol to minors, and to raise public awareness of alcohol's harmful effects on minors. The grant funds overtime officers who work in conjunction with TABC with the following objectives: · Target establishments suspected of a pattern of violations of state laws · Inform both establishments and minors of the consequences of illegal sales and purchases; · Prosecute those who illegally sell and purchase alcoholic beverages. · Promote a strong and consistent message concerning the consequences of underage drinking to be accomplished through the TABC Project SAVE designed to make teenagers aware of consequences of underage drinking and through the DARE curriculum. The unit began operations in March 2000 and has issued a total of 1,718 citations for minors in possession, minors consuming, and misrepresenting age. A total of 512 arrests were made for public intoxication, furnishing alcohol to minors, and other miscellaneous offenses. 40 stings have been conducted resulting in 60 arrests. FUNDING: Funding covers overtime for four officers, four hours a day, 3 days a week, 26 weeks of the year. Equipment to be purchased includes lease vehicles for undercover work and equipment for covert operations. The funding is only for 6 months as the State is reviewing the future availability of funds. REQUIRED COUNCIL ACTION: Approval to submit the grant. RECOMMENDATION: Staff recommends submission of the grant. GRANT APPLICATION COVER SHEET Discretionary- Juvenile Accountability Incentive BlockGrant CFDA 16.523 - (2001 Fun~ng Block) Page 11 Discretionary Juvenile Accountability Incentive Block Grant Fund DESIGNATION OF GRANT OFFICIALS LEGAL NAME OF AGENCY: City of Corpus Christi, Texas PROJECT TITLE: P. Alvarez, Jr. Enforcing Underage Drinking Laws Project Director Name (Type or Print) Chief of Police, Corpus Christi Police Department Title and Agency P. O. Box 9016 Corpus Christi, Texas Official Agency Mailing Address City 78469 361-886-2604 361-886-2607 DaytimeTelephone Number Fax Number policechiefpalvarez~,¥ahoo.com E-Mail Address Financial Officer Name (Type or Print) EVuector of Finance, City of Corpus Christi Title and Agency P. O. Box 9277 Corpus Christi, Texas Official Agency Mailing Address City 78469 Zip 361-880-3610 361-882-7320 Daytime Telephone Number Fax Number leedU~,ci.corpus-christi.t x.us E-Mail Address David R~ Garcia Authorized Official Name (Type or Print) City Manager, City of Corpus Christi Title and Agency P. O. Box 9277 Corpus Christi, Texas Official Agency Mailing Address City 78469 Zip 361-880-3206 361-880-3839 Fax Number Daytime Telephone Number d avidg(W, ci. corpus-chrlsti.t x.us E-Mail Address Section 1: Problem Statement and Data A noticeable rise in the incidence of underage purchase, possession, and consumption of alcoholic beverages by minors within the city limits of Corpus Christi is being experienced since 12/31/01. It is apparent that underage individuals and retailers have realized the cessation of grant operations that focused on "Enforcing Underage Drinking Laws". Section2: Goal Statement The impact of past years grant operations on "Enforcing Underage Drinking Laws" was measurably positive. Our goal is to reestablish public knowledge of our enforcement/education/prevention efforts, and to confmue those enforcement operations that have proven to be effective in deterring, preempting, and ceasing underage alcohol abuse/violations. Section 3: Target Group The success of our past grant operations demonstrates that we should, and will, continue to target the following focus areas: Middle school age students education/prevention High school age students education/prevention/enforcement Parents/School Officials education/prevention/enforcement Retailers education/prevention/enforcement Law Enforcement Officials education Section 4: Project Activities The core of activities will include: Retail on and off premise minor decoy stings. Downtown bar foot patrol Mobile/roving street enforcement Residential minor party interdiction School/PTAJPTSA/community education efforts Other education/awareness efforts Section 5: Project Objectives The following are those criteria that will be utilized to track activity effectiveness: Output Measures - Data will be collected on a dally basis documenfmg each individual contact, citation, arrest, or educational contact made as a result of grant operations. In addition, data will be reported on age of contact, offense reported (i.e. MIP/Minor consuming/sale to minor), and officer making cuntacffreport. In addition, effort will be made to gather prosecutorial result of those criminal cases filed. - Outcome Measures - The desired outcome measure is a significant decrease in the incidence of abuse/use/possession of alcoholic beverages by minors. Since cessation of grant activities on 12/31/01, incidents involving minors and alcoholic beverage reported are on the rise. - Current Data - The following data is the most recent data available: During the period from 1/1/01 thru 12/31/01, CCPD grant operations resulted in the following: a. 18 minor decoy stings were conducted resulting in 36 cases of sale of alcoholic beverage to minor arrests. b. Approx 52 "minor parties" were interdicted by grant ops teams resulting in some 531 citations and some 38 arrests for "Making Available Alcohol to minors) c. Over 1200 citations and arrests were submitted for prosecution d. Over 3000 individuals were addressed at various events, which focused on alcoholic beverages and minors/the law. e. The vast majority of the above criminal cases involved individuals between the ages of 16 and 23years of age. Target Levels Considering that this application is for the first 6months of year 2002, the following are target levels: a. Minor Decoy stings - 6 to 8 separate stings b. 15 to 20 downtown foot patrol operations c. 10 to 15 operations focused on minor parties d. 4 to 6 major educational/prevention structured activities e. 600 underage comacts f. 1200 educational/prevention contacts Project Summary: Corpus Christi continues to experience the problems of, and associated with, underage possession and consumption of alcoholic beverages. The forecast continues to be one that the problem will become more prevalent with increasing population of underage individuals, increase in number of retail establishments dealing in alcoholic beverage, and the increasing number of students enrolling in major colleges/universities near Corpus Christi. However, primarily due to grant operations over the last two years, CCPD has gotten the attention of the retailers and the youth resulting in some positive impact on the problem, and greater awareness of the problem. The City of Corpus Christi is the seventh largest in the State with an estimated population of 300,000. Inside the city are a major university and a junior college with two campuses, several recreational areas, and Padre Island that attracts large numbers of "Spring Breakers" from March through June. More and more students are deciding to travel to Corpus Christi rather than to South Padre Island for their Spring Break because it is less crowded. Additionally, effective 2002, the City of Corpus Christi has annexed a large area of beach between Corpus Christi and Port Aransas. This annexation will result in CCPD dealing with many thousands more "Spring Breakers" this year, and for years to come. Despite the consistent growth and problems in this area of focus, there have been no increases in the staffing of the CCPD Vice section or Corpus Christi TABC field agents. The City will utilize the available grant funds to dedicate officers on an overtime basis to address the problem by inhibiting the drinking of alcoholic beverages by minors and juveniles through vigorous enforcement and aggressive prosecution of offenders, and the presentation of public education programs. We have already experienced a positive impact from the grant operations that have taken place, and we are now experienc'mg the expected resurgence of the problem since grant operations ceased on 12/31/01. The lines of communication for relaying information, complaints, questions relating to the enforcement of underage drinking laws, and the related educational efforts have been established through prior grant effo~s. The task at hand is to tpy and get the momentum experienced as of 12/31/01 reestablished and continue on with the successful efforts already accomplished. Grant Number Grantee Project Title Grant Period Funding Source Region 2000 Corpus Christi, City of Date 02/24/02 EUDL - Underage Drinking 0110112002 to 06/30/02 JB-Juvenile Accountability Incentive Block Grant CJD Cash Match In-Kind Total A. Personnel $52407 $0 $0 $52407 B. Contractual $0 $0 $0 $0 C. Travel $1000 $0 $0 1000 D. Equipment $125 $0 $0 $125 E. Construction $0 $0 $0 $0 F. Supplies $10073 $0 $0 $10073 G. Indirect $6390 $0 $0 $6390 Total $69995 $0 $0 $69995 Budget Detail: A. 4 police officers x 4 hours a day x 3 days a week x 26 weeks a year, salary to vary depending on rank=- $45360.00 Fringe Benefits-S7047.00 C. 2 officers to attend various in-state trainings for substance abuse-S1000 D. Alcosensor III mouthpieces 500 ~.21ea- $125.00 All items to be used for undercover and sting operations related to underage drinking. F. Office and project supplies (pens,paper, peneils,etc)-$223 Vehicle lease (2 vehicles x $650 p/month x 6months)-$7800.00 Gasoline/maintenance (2 vehicles x $250 p/month x 06months)-$1500.00 Cellular phone service (2 phones x $50 p/month x 06months)S300.00 Photographic/video supplies (tapes,batteries,fi re, film developing)~$250.00 G. Indirect costs at 10% as allowed under JAIBG Gaidelines-$6390.00 COMPREHENSIVE CERTIFICATION (This form must be submitted each year) (page I of 2) This certification is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal government, may take available action. If this application is for federal funds in excess of $100,000, I certify to the best of my knowledge and belief: 1. nn 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 C ongres s in connection with the awarding o fany federal contract, the making o fany federal grant, the making of any fed eral loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. ifany non-federal funds have been paid or will be paid to any person for influencing or attempting to influence un offtcer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee ora member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall check here __ and contact CJD or your local council of governments for the "Disclosure Form to Report Lobbying;" and, 3. the undersigned shall require that the language ofthis certification be included in the award documents for all sub-awards at all tiers and that all sub-reeipients shall certify accordingly. If this application is for federal funds, I certify that to the best of my knowledge and belief: 1. Tbe applicant certifies that it will provide a drug-flee workplace by: A. Publishiag a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing a drug-free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the applicant's policy ofmaintaining a drug-free workplace; 3. any available drag counseling, rehabilitation, and employee assistance programs; and 4. the penalties that may be imposed upon employens for drag abnse violations. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A). D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: 1. abide by the terms of the statement; and, 2. notify the employer of any criminal drag statu~e conviction for a violation occurring in the workplace not later than five days after such conviction. E. Notifying the agency within 10 days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions with respect to any employee who is so convicted: I. taking appropriate personnel action against such an employee, up to and including termination; or, 2. requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs (A), (B), (C), (D), (E), and (F) Page 15 Discretiomn-y Juven[Ie Accountabilily Incentive Block Grant Fund RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $69,995 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR FUNDING TO CONTINUE A PROJECT IN THE POLICE DEPARTMENT TO PREVENT MINORS FROM PURCHASING AND CONSUMING ALCOHOL 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 submit a grant application in the amount of $69,995 to the State of Texas, Office of the Governor, Criminal Justice Division, to continue a project in the Police Department to prevent minors from purchasing and consuming alcohol. SECTION 2. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. 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 L~ Assistant City Attorney 10 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: April 23, 2002 AGENDA ITEM: A Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen at summer youth recreation programs throughout the community. Ordinance appropriating a grant in the amount of $446,823 in the No. 1050 Federal/State Grants Fund from the Texas Department of Human Services to operate a Summer Food Service Program to Summer Recreation Program for citizen's ages one to eighteen years. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation programs. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Government Agreement with Corpus Christi Independent School District to provide transportation services for Youth Recreation Programs. ISSUE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must A) approve a motion to accept the Summer Food Service Program Grant from the Texas Department of Human Services B) appropriate $446,823 in grant funds from the U.S. Department of Agriculture and Texas Department of Human Services for a youth nutrition program, C) approve an agreement with CCISD for the preparation and delivery of meals to the recreation sites as funded by the youth nutrition grant and D) approve an agreement with CClSD to provide transportation services related to the recreation program. REQUIRED COUNCIL ACTION: Action is required to accept the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or his designee to execute all related contracts and documents for the 2002 Park and Recreation Department Summer Recreation Programs. PRIOR COUNCIL ACTION: The City Council has approved the youth nutrition grant as well as the food service and transportation agreements in prior years. FUNDING: Texas Department of Human Services grant funds for the Summer Food Program and the approved General Fund budget and approved Weed and Seed funding for the transportation costs. RECOMMENDATION: Staff recommends approval. ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution Marco A. Cisneros, Director Park and Recreation Department AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION City Council Meeting: April 23, 2002 BACKGROUND: The U.S. Department of Agriculture (USDA) through the Texas Department of Human Service (TDHS) provides grants for youth nutrition as a continuation of the National School Lunch Program. The City's Summer Recreation Program is again receiving the nutrition grant for forty-seven Summer Recreation sites, for a total grant of $446,823 this summer (Item A). No local match is required. This program is a collaborative effort with many agencies to provide summer meals to the youth of Corpus Christi. Sites to be served are T.C. Ayers Recreation Center, Joe Garza Recreation Center, Lindale Recreation Center, Oso Recreation Center, Oak Park Recreation Center, Ben Garza Gym, Collier Pool, H.E.B. Pool, Greenwood Pool, Y.M.C.A. Summer Camps, Blanche Moore Elementary, Carroll Lane Elementary, VVoodlawn Elementary, Yeager Elementary, Chula Vista Elementary, Central Park Elementary, Cullen Middle School, Lexington Elementary, South Park Middle School (Communities In Schools), Baker Middle School (Communities In Schools), George Evans Elementary (Communities In Schools), Del Mar College (Communities In Schools), Boy's and Girl's Club-Greenwood, Cliff Maus Village, Molina Neighborhood Centers, Navarro Place (Housing Authority), Treyway Terrace (Housing Authority), La Armada (Housing Authority), La Armada #3 (Housing Authority), Wiggins (Housing Authority), McKinzie Place (Housing Authority), Leeward Manor (Housing Authority), Hampton Port (Housing Authority), Parkway (Housing Authority), Leathers (Housing Authority), LULAC West Apartments, West Oso Middle School (21st Century Program), VVynn Seale Academy of Fine Arts (21s= Century Program), Driscoll Middle School (21st Century Program), Cunningham Middle School (21st Century Program), Garcia Arts Education Center, Casa De Manana, New Life Fellowship Church, Fighting to R.I.D. Gangs in America (Oscar Romero School), Friendship Baptist Church, Salvation Army Community Center, and Gulfway Manor Apartments. Additional agencies are still contacting the Park and Recreation Department to be included in the Summer Food Service Program. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites (Item C) and the transportation services related to the programs (Item D). The City and CClSD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $1.85 per lunch and $.45 per snack, both provided on a weekday basis during the eight week Summer Program, June 3 to July 26, 2002. The Summer Youth Program sites (Chula Vista Elementary, Central Park Elementary and Cullen Middle School) will be serving meals Monday - Thursday, as per CClSD. The lunches consist of sandwiches, fruit/vegetable, milk and dessert and the snack consists of fruit/vegetable, milk and dessert. It is estimated that approximately 3600 meals per day will be served meals. Some of the youth in the summer programs bring their own lunch or come to the facilities after lunch. CClSD will maintain and provide menu records as well as daily meals served until the program's end. At the individual sites, the City employs CCISD Food Service staff as part time seasonal employees to veri~ meal counts, serve meals and clean up the site. Grants funds are used to pay the seasonal employees, cleaning supplies, monitors and food costs. Total program costs, including operation and administration, are to be provided by the State's reimbursement. No City funds will be utilized, but an ordinance is necessary to appropriate the grant of $446,823 in order to implement the program. CCISD has approved the food service agreement. In order to provide transportation for summer program field trips, CClSD will provide bus service at a rate of $2.52 per mile, which includes the cost of the buses, drivers and insurance. Field trips include visits to City swimming pools, skating, bowling, movies, intra-mural sports program and trips to area attractions such as the Texas State Aquarium, U.S.S. Lexington, Funtrackers and museums for approximately 2,500 youth in the related City's Summer Programs. The projected amount to be spent on the transportation agreement is $23,000 part of which is included in the FY 01-02 Operating Budget and part is funding from the Weed and Seed grant funding for Iow income youth. This agreement represents substantial cost savings to the City when compared to private transportation costs. The City and CCISD have entered into this agreement the past several years. CCISD has approved the transportation agreement. ORDINANCE APPROPRIATING $446,823 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PROGRAM PARTICIPANTS AGES ONE TO EIGHTEEN YEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $446,823 is appropriated in the No. 1050 Federal/State Grants Fund from the Texas Department of Human Services to operate a Summer Food Service Program for Summer Recreation Program Participants ages one to eighteen years. Section 2. That upon written request of the Mayor or five Council members, copy attache, 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 Samuel L. Neal, Jr., Mayor Legal form approved ~ James R. Bray, Jr., City Attorney 2002; By: ~..c-~- ~ Lisa Aguilar, Assistant City Attorney H:\LEG*DIR\OLGAR\LISA\ORD3\SFP2002.WPD A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE SUMMER FOOD SERVICES FOR SUMMER RECREATION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide sum- mer food services for summer recreation programs. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of ,2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the day of Eliz'~beth~ ~lundley, As~istant//City Attorney ~ 2002. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANS- PORTATION SERVICES FOR YOUTH RECREATION PROGRAMS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide transportation services for youth recreation programs. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of ,2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor /~'day APPROVED AS TO LEGAL FORM on the of JAME~,~BRAY JR., CITY ATTORNEY Elizabetntntn~. Hundley, Assis:(ant City Attor~'~ ,2002. 11 AGENDA MEMORANDUM City Council Meeting: April 23, 2002 Agenda Item: Resolution dedicating resources to support the bid for the 2005 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Park and Wildlife Department submitted by the Park and Recreation Department to be held in Corpus Christi March 8 through March 12, 2005. Issue: The City of Corpus Christi Park and Recreation Department would like to submit a bid to host the 2005 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Park and Wildlife Department. A resolution of the City Council is a requirement of the bid. Background: The Texas Recreation and Park Society along with the Texas Park and Wildlife Department annually host a joint Institute and Trade Show. The location to host the event is determined by a competitive bid process. The City bid will include renting Exhibit Hall B at a cost of approximately $4,600. The conference brings approximately 800 to 1,000 delegates and vendors to the community for four days. The bid process for 2005 is currently underway. A City Council resolution is required as a part of the bid package. Council Action Required: The City Council must approve the resolution. Recommendation: Staff recommends approval. Daniel L. Whitworth, Assistant Director Park and Recreation Department A RESOLUTION DEDICATING RESOURCES, WITH THE COMMITMENT OF EXHIBITION HALL "B" AT BAYFRONT CONVENTION CENTER AT A COST OF $4,600, TO SUPPORT THE BID FOR THE 2005 JOINT INSTITUTE AND TRADE SHOW OF THE TEXAS RECREATION AND PARK SOCIETY AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT, SUBMIT- TED BY THE PARK AND RECREATION DEPARTMENT, TO BE HELD IN CORPUS CHRISTI MARCH 8 THROUGH MARCH 12, 2005. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to dedicate resources, through the commitment of Exhibition Hall "B" at the Bayfront Convention Center at a cost of $4,600, to support the bid for the 2005 Joint Institute and Trade Show of the Texas Recrea- tion and Park Society and the Texas Parks and Wildlife Department, submitted by the Park and Recreation Department, to be held in Corpus Christi March 8 through March 12, 2005. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the __ day of ,2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the / g;~day of JAMES R. BRAY JR., CITY ATTORNEY elizaUeth~. Hundley, 'Assistant City Att~t~ ,2002. 12 CITY COUNCIL AGENDA MEMORANDUM Date: April 18, 2002 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $115,000 to the U. S. Environmental Protection Agency for a Vulnerability Assessment under the Agency's infrastructure security initiatives. ISSUE: The USEPA received an $80M supplemental appropriation from Congress to help improve the safety and security of the Nations water supply. The USEPA is soliciting grant applications from publicly owned drinking water utilities that regularly serve 100,000 or more people. BACKGROUND INFORMATION: The Water Department has supply, production and distribution facilities that will be requiring an evaluation to maintain the City's Water System in a state of heightened security to protect it's customers. FUNDING: Funding covers the cost to prepare a Vulnerability Assessment which is a systematic analysis used to determine the malevolent risks posed to the operations of water supply, treatment, and distribution systems. REQUIRED COUNCIL ACTION: Approval to submit the grant. RECOMMENDATION: Staff recommends sub~ant~ ~ Eduardo Garafia, P.E. Water Superintendent RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U. S. ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT OF $'115,000 FOR A VULNERABILITY ASSESSMENT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the U. S. Environmental Protection Agency in the amount of $115,000 for vulnerability assessment under the Agency's water infrastructure security initiatives. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 18th day of April, 2002. James R. Bray Jr. City Attorney By: R. J,a'y ~,einin~ First Assistant City Attorney Samuel L. Neal, Jr. Mayor 13 AGENDA MEMORANDUM April23,2002 SUBJECT: Corpus Christi International Airport Terminal Reconstruction AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept Grant offer No. 3-48- 0051-33-02 for $638,880 from the Federal Aviation Administration for additional security and other expensed costs incurred as a result of the events of September 1 I, 2001. B. Ordinance appropriating $638,880 from Federal Aviation Administration Grant No. 3-48-0051-33-02 in the 1050 Federal/State Grant Fund for additional security and other expensed costs incurred as a result of September 11, 2001; and declaring an emergency. ISSUES: Monies fi.om this Grant will be used to replenish Airport's FY01-02 Operating and Capital Budgets for expenses incurred for new security mandates as set forth by the FAA/TSA. RECOMMENDATION: Approval of the Resolution and Ordinance as presented. Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAl, Exhibit A. Background Information BACKGROUND INFORMATION April 16, 2002 BACKGROUND: The Corpus Christi International Airport has identified approximately $1.2m in unfunded federal mandates result'rog fi.om the incidents of September 11, 2001. The Corpus Christi International Airport has applied for federal reimbursement of the monies expended, and those that we anticipate expending, on the additional security. The FAA has notified us that we have been offered $638,880 towards these expenses. Council must accept this offer by Resolution and then appropriate the monies. ADDITIONAL FUNDING INFORMATION: The Aviation Department is also applying for an additional $500,000 (approximately) in discretionary grant money to supplement our projected expenditures. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: None FUTURE COUNCIL ACTIONS: appropriations. Resolution to accept grant amendments for future BOARD COMMITTEE REVIEW: This grant offer was presented to the Airport Board on April 8, 2002. The Board unanimously agreed to accept this Grant. EXHIBIT A I Page 1 of 1 us Departme~ o~ TransportoYion Feglergl Aviation Admlrdst~a#on Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas Fort Worth, Texas 76193-0000 'APR The Honorable Loyd Neal Mayor, City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78463-9277 Dear Mayor Neal: Enclosed are two originals of the grant offer 3-48-0051-33-02 for $638,880.00. The funding is provided from the $175 million supplement from the Department of Defense Fiscal Year 2002 appropriation. The grant is for additional security operational costs and some other expensed costs incurred as a result of the events of September 11,2001. The above grant amount may be used toward any of the below eligible projects listed in your application (some items may have been excluded from your application because they were either prohibited by statute or more appropriately funded through the regular Airport Improvement Program): ITEM COST 1. Increased Law Enforcement Officer Personnel/Overtime $400,680 2. Increased Other Perso~mel/Overtime $ 2,710 3. Equipment, Supplies, Radios, Badge Stock, Vehicle, Etc. $ 60,003 4. Temporary Construction, facility modifications, barriers, $814,366 5. Outside Services, Contractor Support, Etc. $ 0 6. Other $ 0 Please accept the offer by resolution within 60 days and return an executed original to our office. No sponsor certifications or matching share are required. At the time you close out this grant, you must provide documentation identifying specific items and amounts used for reimbursement. Should further information be required, please contact me at 817-222-5650. Sincerely, Manager, Texas Airports Development Office Enclosures 2 cc (w/ enclosure): Mr. Dave Hamrick Airport Manager Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406-9277 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT GRANT OFFER NO. 3-48-0051-33-02 FOR $638,880FROM THE FEDERAL AVIATION ADMINISTRATION FOR ADDITIONAL SECURITY AND OTHER EXPENSED COSTS INCURRED AS A RESULT OF THE EVENTS OF SEPTEMBER 11, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept Grant Offer No. 3- 48-0051-33-02 for $638,888 from the Federal Aviation Administration for additional security and other expensed costs incurred as a result of the events of September 11, 2001. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary LegflFormApprovedon 2002; By: Sy~lflP.'Burke, ..lrs.~' A~stant City Attorney Samuel L. Neal, Jr. Mayor, City of Corpus Christi JAMES R. BRAY, JR., CITY ATTORNEY ORDINANCE APPROPRIATING $638,880 FROM FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-3302 IN THE NO. 1050 FEDERAL STATE GRANTS FUND FOR THE FEDERAL AVIATION ADMINISTRATION DEPARTMENT OF DEFENSE FISCAL YEAR 2002 APPROPRIATION FOR ADDITIONAL SECURITY OPERATION COSTS AND OTHER EXPENSED COSTS INCURRED AS RESULT OF SEPTEMBER I1, 2001. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $638,880 is appropriated from Federal Aviation Administration Grant No. 3-48-0051-33-02 in the No. 1050 Federal State Grants fund for the Federal Aviation Administration Department of Defense Fiscal Year 2002 Appropriation for additional security operation costs and other expensed costs incurred as result of September 11, 2001. 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 Annando Chapa City Secretary LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY IZ- Samuel L. Neal, Jr. Mayor ,2002; By: Lisa Aguilar O Assistant City Attorney 14 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting April 23, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five- year lease with Santa Fe Soccer League, a non-profit organization, for the use of City property, to wit: North Pope Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer League maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: The previous Use Permit for the premises expired on December 16, 1998 and the Santa Fe Soccer League has asked for a five-year lease on the premises. The league is in good standing with the Park and Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the previous Use Permit of the area and was informed of the intent to extend the term for the additional premises. RECOMMENDATION: Staff recommends that the ten-year lease with the Padre Soccer League be amended to include the additional premises and that action be approved. Marco A. Cisneros, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Lease Summary X Ordinance X Map X AGENDA MEMORANDUM BACKGROUNDINFORMATION BACKGROUND: The Santa Fe Soccer League has operated a youth soccer league at the soccer fields in North and South Pope Parks for more than 7 years. The previous Use Permit expired on December 18, 1998. The league would like a five-year lease on the parks. The league has had more than 500 youth participating in the soccer program in the fall and spring seasons. AGENDA MEMORANDUM LEASE SUMMARY 1. The Santa Fe Soccer League has been using the fields at North and South Pope Parks for youth soccer programs. The league has been operating under one-year use permits since 1994. 2. The lease will be for a five-year term. 3. Lessee agrees to operate a youth soccer program and maintain the premises. 4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a commercial general liability insurance policy. 5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee. 6. Either City or lessee may terminate the lease without cause by giving 30 days written notice to the non-terminating party. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE- CUTE A FIVE-YEAR LEASE WITH SANTA FE SOCCER LEAGUE, A NON-PROFIT ORGANIZATION, FOR THE USE OF CITY PROPERTY, TO WIT: NORTH POPE PARK AND SOUTH POPE PARK, FOR ITS SOCCER PROGRAM AND IN CONSIDERATION OF SANTA FE SOC- CER LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease with Santa Fe Soccer League, a non-profit organization, for the use of City prop- erty, to wit: North Pope Park and South Pope Park, for its soccer program and in con- sideration of Santa Fe Soccer League maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. SECTION 2. If, for any roason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SANTA FE SOCCER LEAGUE LEASE ~ EXHIBIT. A , Play~'ound HAMLIN MIDDLE SCHOOL WILSON ELEMENTARY SCHOOL Play~zoultd, NORTH & SOUTH POPE PARK LEGEND 15 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting -April 23, 2002 AGENDA ITEM: An Ordinance amending Section 12-75(a) of the Code of Ordinances to remove limitations on the size of vessels that can be hauled out for repair on the L-head; providing for severance; and providing for publication. ISSUES: The current Ordinance limits the size of boats that can be hauled out using the travel lift at the L-head to thirty-five feet in length. Advancing technology in boat design has significantly reduced the weight of boats, making the 35-foot limitation unnecessary. The current travel lift is capable of hauling out boats weighing up to 15 tons, regardless of their actual length. As technology continues to advance, both in regards to boats themselves and haul out equipment, even this equipment capacity can change. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. ADDITIONAL SUPPORT MATERIAL Background Information Ordinance Marco A. Cisneros, Director, Park and Recreation X X AGENDA MEMORANDUM BACKGROUNDINFORMATION The current Ordinance was written to establish limitations on the size of boat that could be hauled out at the L-head because of weight limitations on the capacity of the travel lift. Technology has advanced significantly since the Ordinance was first written. Today fifty - foot boats are well within the equipment capacity of the current lift, As technology continues to advance, the reduction in weight of increasingly larger boats can expect to continue as well. Additionally, at some point a new travel lift may be purchased which would be capable of hauling out even heavier weights. By removing the size limitations of boats that can be hauled out, the City recognizes that only the capacity of the hauling equipment is relevant. Any future changes to that capacity will not require an additional amendment to the Ordinance. AN ORDINANCE AMENDING SECTION 12-75(a) OF THE CODE OF ORDINANCES TO REMOVE LIMITATIONS ON THE SIZE OF VESSELS THAT CAN BE HAULED OUT FOR REPAIR ON THE L-HEAD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 12-75(a) of the Code of Ordinances is revised to remove the limitations on the size of vessels that can be hauled out for repair on the L-Head and is to read as follows: "Sec. 12-75. Same-Maximum parking time, removal; repair permit; in-water hull cleaning permit. "It shall be unlawful for any person to leave, or cause to be left, any boat, trailer, vehicle or equipment upon the land areas of the L-head and T-heads for more than forty- eight (48) continuous hours except by permission given by a contract or lease agree- ment granted by the city or by a special ten-day permit issued by the marina department. Any person who stores a boat, parks a trailer, equipment or vehicle in excess of twenty- four (24) continuous hours shall notify the marina superintendent or a marina patrolman who shall record the occurrence of such parking or storage in a log maintained for that purpose. Boat construction or the rebuilding of boats will not be permitted at the marina except at the designated yacht repair service area as described in a contract or lease agreement between the city and the person performing such boat construction or re- building of boats. The marina department is authorized to remove and dispose of such boat, trailer, vehicle or equipment left, or stored, or parked in violation of this section or sections 12-76 or 12-77 or used or operated in violation of said sections. A special ten- day permit shall be issued by the marina superintendent to the person applying for the same upon the following conditions and containing the following provisions: "(a) The owner of a boat, craft or equipment shall obtain a special ten-day permit to remove his craft to an assigned area on the L-head land area for the specific purpose of refinishing the hulls and/or for making minor repairs. ~-,.A,,,~ ,~,,u,,,'A--'" ,,f_ SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provi- sion hereof shall be given full force and effect for its purpose. SECTION 3. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 23, 2002) Case No. 0302-03~ Christus Spohn Health System' A change of zoning from an "A-I" Apartment House District to an "I-3" Heavy Industrial District on Ocean View Addition, Block I, Lots 4, 5, and 6, located on the west side of Ocean Drive, approximately 150 feet south of Morgan Avenue. Planning Commission and Staff's Recommendation (03/27/02): Denial, and in lieu thereof, approval of an "AB" Professional Office District with a Special Permit for a 6-story building and a roof helipad subject to a site plan and five (5) conditions. Requested Council Action: Denial of the "I-3" Heavy Industrial District, and in lieu thereof, approval of an "AB" Professional Office District with a Special Permit for a 6-story building and a roof helipad subject to a site plan and five (5) conditions and adoption of the attached ordinance. Purpose of Request: For a hospital pavilion and roof helipad. Summary: The applicant has requested a change of zoning from an "A-I" Apartment House .District to a "I-3" Heavy Industrial District in order to construct a 6-story occupied building with a maximum overall height of 104 feet from average grade level of the building and to relocate the helipad at tiffs site currently located at the Spolm pavilinn/garage south of the subject property. The proposed building would occupy the subject property and part of the adjacent parking lot to the west. A multi-level medical facility will be constructed and connected to the north side of the existing Spolm pavilion/garage. There are no proposed driveway access points from the subject property onto Ocean Drive, an arterial. All access to the subject propet~y is proposed from Elizabeth Street during th/s development phase. The Zoning Ordinance requires an "I-3" District for airports and landing strips and permits a hospital with unlimited height. The applicant was required to apply for the "I-3" District that would accommodate the helipad and the proposed 6-story (104 feet) hospital. The applicant is actually seeking a change of zoning to "AB" with a Special Permit to allow a hospital with a height of 104 feet and a roof helipad. The "AB" District allows for hospitals and independent medical office uses with a maximum height of 60 feet. The proposed structure exceeds the permitted height of the "AB" District by 44 feet. The extension of the "AB" District with a special permit for a 6-story (104 feet) hospital with a roof helipad is consistent with the Southeast Area Development Plan's recommended land use and existing development pattern along Ocean Drive. In lieu of an "1-3" District, an "AB" District to allow the hospital building with a Special Permit to accommodate the additional building height and rooftop helipad is recommended. Any adverse impacts from the helipad would pertain to the noise. Since this use provides an emergency service and meets a public need, a higher level of noise tolerance is acceptable, and the flight patterns will not change from the current flight patterns onto the existing helipad. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, six (6) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. The applicant/owner of the subject property submitted a notice in favor. The 20% rule is not in effect. I' Director of Planning Agenda Memorandum Case No. 0302-03 (Chnstus Spohn Health System) Page 2 MG/FGM/er Attachments: 1) Zomng Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances Pages 3-10 Page 11 Page 12-14 Pages 15-20 H:~PLN-DIR~ERMA\WORD~AGENDMEM\0302-O3AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearin~ Date: Map No.: Applicant: Legal Description/Location: 0302-03 March 27, 2002 J15B Christus Spohn Health System Ocean View Addition, Block I, Lots 4, 5 and 6, located on the west side of Ocean Drive approximately 150 feet south of Morgan Avenue. 0.45 acre (19,602 square feet) Same as above. "A-I" Apartment House District "I-3" Heavy Industrial District Vacant and multiple-family residential. Hospital Pavilion and roof helipad. Not applicable. Area of Request: Lot(s} Area: Current Zonine: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zonine: North - "AB" Professional Office District South - "AB"/SP Professional Office District with Special Permit East - (across Ocean Drive} "B-2"/SP Bayfront Business District with Special Permit West - "B-4" General Business District Adiacent Land Use: North - Abdominal Surgery of South Texas. South - Spohn Hospital Pavilion and helipad. East - (across Ocean Drive) Undeveloped land and bayfront. West - Medical office parking lot and Spohn parking garage. Zoning Repon Case No. 0302-03 (Chrisms Spohn Health System) Page 2 Number of Residential Units Allowed: "A-I" - 9 units (21.78 dwelling units per acre) "AB" - 16 units (36.30 dwelling units per acre) "I-3" - Permanent or temporary housing of persons is not pemfitted except a caretakers quarters for the permitted use. Estimated Traffic Generation: Hospital - 16.78 average vehicle trip ends per 1,000 square feet of gross floor area x I00,000 square feet of gross floor area = 1,678 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Morgan Avenue- arterial b) Ocean Drive - arterial Right-of-Way Design Current: a) 60-foot right-of-way with a 48-foot back-to-back paved section. b) 100-foot right-of-way with (2) 36-foot back-to-back paved section with a 14-foot median. Planned: a) 80-foot right-of-way with a 62-foot back-to-back paved section. b) Same as above. 2001 Traffic Count (24-honr~ weekday~ non-directional): a) 8,108 vehicles per day. b) 31,977 vehicles per day. Zoning History of Property: None. Recent Surrounding Zoning Cases: January 2002, Block 4, Lots 7, 8, and 9 of Bayfront Terrace, located at the southwest comer of Ocean Drive and Ayers Street and north of the subject property was denied a change of zoning to "AB" Professional Office and in lieu thereof, granted a Special Pen'nit for medical and professional offices with five (5) conditions. Zoning Report Case No. 0302.03 (Christus Spohn Health System) Page 3 In August 1996, Lots 7 through 11, located on the northwest comer of Elizabeth Street and Ocean Drive and south of the subject property, were denied a change of zoning to a "B-4" District, but were granted an "AB" District with a Special Permit for a building with a height of 72 feet. In September 1997, the Special Permit was revised to allow a helipad on the roof of the building. Zoning Inventory: The existing "B-4" District adjacent and west of the subject property is confined to an area between Morgan Avenue, Ocean Drive, Ayres Street and Third Street. This "B-4" area contains approximately 22 acres and is developed predominately with medical related uses. The "AB" District north of the subject property is occupied by the medical facility, Abdominal Surgery of South Texas. South of the subject property is "AB" District property with a special permit that is developed as a five (5) story Spohn pavilion/garage structure with a helipad on the roof. The "B2" District to the east along Ocean Drive is developed with a hotel on its north end and a high-rise condominium on its south end. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning fi:om an "A-i" Apartment House District to a "I~3" Heavy Industrial District in order to construct a 6-story occupied building with a maximum overall height of 104 feet fi:om average grade level of the building and to relocate the helipad at this site currently located at the Spohn pavilion/garage south of the subject property. The proposed building would occupy the subject property and part of the adjacent parking lot to the west. A multi-level medical facility will be constructed and connected to the north side of the existing Spohn pavilion/garage. There are no proposed driveway access points fi:om the subject property onto Ocean Drive, an arterial. All access to the subject property is proposed from Elizabeth Street during this development phase. The Zoning Ordinance requires an "1-3" District for airports and landing strips and permits a hospital with unlimited height. The applicant was required to apply for the "1-3" District that would accommodate the roof helipad and the proposed 6-story (104 feet fi:om average grade of building) hospital. The apphcant is actually seeking a change of zoning to "AB" with a Special Permit to allow a hospital with a height of 104 feet and a roof helipad. The "AB" District allows for hospitals and independent medical office uses with a maximum height of 60 feet. The proposed structure exceeds the permitted height of the "AB" District by 44 feet. The extension of the "AB" District with a special permit for a 6-story (104 feet from average grade of bnilding) hospital with a roofhelipad is consistent with the Southeast Area Development Plan's recommended land use and existing development pattern along Ocean Drive. In lieu of an "I-3" District, an "AB" Dislrict to allow the hospital building with a Special Permit to accommodate the additional building height and rooftop helipad is recommended. Any adverse impacts from the helipad would pertain to the noise. Since this use provides an emergency service and meets a public need, a higher level of noise tolerance is acceptable, and the flight patterns will not change fi:om the current flight patterns onto the existing helipad. Zoning Report Case No. 0302-03 (Chrisms Spohn Health System) Page 4 Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements cannot be supportive of the requested "I-3" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office development. The "AB" District with a special permit for a 5-story (98 feet) hospital with a rooftop helipad is consistent with the Plan's recommended land uses. Potential Housing Density: An "A-I" District permits a density of 21.78 dwelling units per acre or 9 units on the subject property. The "AB" District permits a density of 36.30 dwelling units per acre or 16 units on the subject property. The "1-3" District does not permit residential uses other than a caretaker's quarters associated w/th an "1-3" permitted use. Height/Bulk/Setbacks/Etc.: The "A-1" District requires a front yard setback of twenty (20) feet and a side and rear yard of five (5) feet each for single-family and duplex uses and ten (10) feet each for the first floor of a multi-family use plus five (5) feet for each additional story, but not to exceed twenty (20) feet. An "AB" District requires a front yard setback of twenty (20) feet and a side and rear yard setback often (10) feet each. Both the "A-i" and "AB" Districts limit the building height to 45 feet not to exceed three (3) stories. Hospitals in an "AB" District are permitted a height of 60 feet. The "1-3" District does not have a height requirement. Signage: An "A-I" District permits a wall sign with an area of thirty (30) square feet if the property has a street frontage of less than 100 feet or forty (40) square feet if the property has a street frontage of more than 100 feet. A freestanding sign maybe substituted in lieu of the wall sign. The "AB" District permits wall signage at four (4) square feet per tenant not to exceed twenty (20) square feet. One fi'eestand'mg sign is also allowed not to exceed an area of twenty (20) square feet and height of six (6) feet. Signage in the "I-3" District is unlimited, provided it is located behind the front yard setback. Freestanding signs in the front yard setback are limited to one sign per street frontage with a sign area of 40 square feet and a height of 25 feet. Traffic: The subject property fronts Ocean Drive with proposed access to Elizabeth Street, a collector, without traversing a residential area. The proposed hospital pavilion could generate approximately 1,678 daily trip ends in the area, thus increasing traffic volume along Elizabeth Street and connecting street systems. Parking/Screening: The hospital is required to provide one parking space for each three (3) patient beds. Compliance with the parking regulations will be required before a certificate of occupancy can be issued. The subject property does not have residential adjacency, therefore a screening fence is not required Costs to City: All of the intiastmctures required to serve the needs of the subject property are in place. There are no costs to theCity. Platting: The subject property is a platted lot and further replatting is not required. Zoning Report Case No. 0302-03 (Chrisms Spolm Health System) Page 5 Pros: (Ideas in support of the request.) a) None. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "I-3" District is not consistent with the adopted Southeast Area Development Plan. b) The requested additional building height and helipad use could be allowed through a Special Permit. c) Traffic volume along Ocean Drive and Elizabeth Street will increase. Staff Recommendation: Denial of the "I-3" District, and lieu thereof approve an "AB" District, with a Special Permit for a 6-story (104 feet from average grade of building) hospital with a roofhelipad subject to a site plan and the following conditions: USES: The only uses permitted by this Special Permit other than those uses permitted by fight in the "AB" Professional Office District is an emergency medical helipad. The helipad must be used for medical emergency purposes only and shall be the only helipad on the hospital premises. HEIGHT: The height of the hospital must not exceed a height of 104 feet from the average grade level of the six (6) story building. RESTRICTED AIRSPACE: Helicopter flight operations shall be conducted in a manner that minimizes noise during approaches and departures (takeoffs and landings) to the helipad. Overflight of Marina Del Sol Condominium Addition, Block 1, Lot 3, is prohibited lower than 500 feet from the earth's surface for so long as such property's residentially occupied in accordance with the zoning ordinance of the City of Corpus Christi. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Attachments: Site Plan Zoning and Ownership Map Ownership List H:\PLN -DIR\ERMA\WORDXZONRPTS\0302-03CCREPORT.DOC 8 CRNG S'T. 17 4 6 7 12 11 10 AVE. 18 16 14 13 12 11 5 6 7 8 3OCK BAFTIFRONT B-2 3 4 5 22 21 6 7 8 g 10 EUZABETH STREET 22 1 21 2 18 5 6 17 16 7 15 8 ~SP Mar 13, 2002 - AMF CASE Z0302-03 ~ARCEL B-2 /SP V I EW CHR I STUS · sPOHN ~-~ SPOHN MARINA DEL CONDO 1 B-2 /SP SOL DO - Property Owner in Favor - Property Owner Opposed // X See Comments on Page(s) ~ Subject property F'~ Owners within 200 feet listed oN attnched ownership list q OWNERSHIP LIST CASE NO. 0302-03 Applicant: Christus Spohn Health System 600 Elizabeth Street, 78404 Representative: Robert Butler, Senior Vice President 1702 Santa Fe, 78404 1 Z0302-03 281500000020 CHILLWACK % MR SIMEON DEE 1002-1736 W 10TH AVE (2 G GLASSCOCK BAY FRONT PT OF LT 2 ALL OF 3 1 Z0302-03 478300010010 CHILLWACK % MR SIMEON DEE 1002-1736 W 10TH AVE MARINA DEL SOL LTS 1 & 2 BLK 1 2 Z0302-03 598300010010 L.L.P.,TEXAS REGISTERED L LIABILITY PARTNERSHIP 1301 OCEAN DR CORPUS CHRISTI TX 78404 OCEAN VIEW LTS 1 2 & 3 BK I 3 Z0302-03 598300020020 MONARCH PROPERTIES,LP C/O GMAC COMMERCIAL MRTG P O BOX 1015 HORSHAM PA 19044 OCEAN VIEW LT 2 BK IIA 4 Z0302-03 598300020035 SPOHN HOSPITAL 600 ELIZABETH CORPUS CHRISTI TX 78404 OCEAN VIEW LT 3 BK IIA 5 Z0302-03 SP CHRISTUS SPOHN HEALTH SYSTEM 600 ELIZABETH STREET CORPUS CHRISTI, TX 78404 0 Z0302-03 598300010050 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 5 BK I 0 Z0302-03 598300010060 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 6 BK I 0 Z0302-03 598300010050 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 5 BK I 0 Z0302-03 598300010060 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 6 BK I 0 Z0302-03 598300010040 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 4 BK I 0 Z0302-03 598300010040 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 4 BK I DR. WILLIAM ALLEN 3216 REID DR. CORPUS CHRISTI, TX 78404 /O COMMENTS RECEIVED FROM NOTICES MAILED CASE NO. 0302-03 Christus Spohn Health System · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 4) Spohn Hospital, 600 Elizabeth St. No written comwnent. 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: Spohn Hospital, 600 Elizabeth St. No written comment. Opposition: None. H:\PLN-DIRXERMA\WORD\COMMDATA\0302-03COMMENTS.DOC Planning Commission Minutes March 27, 2002 Christus SpohnHealth System: 0302-03 REQUEST: "A-I" Apartment-Tourist to "I-3" Industrial District on propen'y described as Ocean View Addition, Block I, Lots 4, 5 and 6, located on the west side of Ocean Drive approximately 150 feet south of Morgan Avenue. Mr. Saldafia presented a computerized shde illustration of the subject property and the surrounding area. He said that the existing "B-4" District adjacent and west of the subject property is confined to an area between Morgan Avenue, Ocean Drive, Ayres Street and Third Street. This "B4" area contains approximately 22 acres and is developed predommately with medical related uses. The "AB" District north of the subject property is occupied by the medical facility, Abdominal Surgery of South Texas. South of the subject property is "AB" District property with a special permit that is developed as a five (5) story Spohn Pavilion/garage structure with a helipad on the roof. The "B2" District to the east along Ocean Drive is developed with a hotel on its north end and a high-rise condominium on its south end. Mr. Saldafia said that the applicant has requested a change of zoning fi.om an "A-I" Apartment House District to a '%3" Heavy Industrial District in order to construct a 5-story (98~feet from ground level) surgical building and to relocate the helipad at this site currently located at the Spolm pavilion/garage south of the subject property. The proposed building would occupy the subject property and part of the adjacent parking lot to the west. A multi-level medical facility will be coustmcted and connected to the north side of the existing Spolm pavilion/garage. The ground level will serve as the Emergency Department, the second and third floor will provide for 24 ICU beds each, the fourth and fifth floor will provide for 28 Telemetry Step-Down Nursing Units each, and the roof area will house the relocated helipad area. There are no proposed driveway access points from the subject property onto Ocean Drive, an arterial. All access to the subject property is proposed from Elizabeth Street during this development phase. The Zoning Ordinance requires an "I-Y' District for airports and landing strips and permits a hospital with unlimited.height. The applicant was required to apply for the "I-3" District that would accommodate the helipad and the proposed 5-story (98 fee0 hospital. The applicant is actually seeking a change of zoning to "AB" with a Special Permit to allow a hospital with a height of 98 feet and a roof helipad. The "AB" District allows for hospitals and independent medical office uses with a maximum height of 60 feet. The proposed structure exceeds the permitted height of the "AB" District by 38-feet. The extension of the "AB" District with a special permit for a 5-story (98 feet) hospital with a roof helipad is consistent with the Southeast Area Development Plan's recommended land uae and existing development pattern along Ocean Drive. In lieu of an "I-Y' District, an "AB" District to allow the hospital building with a Special Permit to accommodate the additional building height and rooftop helipad is recommended. Any adverse impacts from the helipad would pertain to the noise. Since this use provides an emergency service and meets a public need, a higher level of noise tolerance is acceptable, and the flight patterns will not change from the current flight patterns onto the existing helipad. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office development. The "AB" D/strict with a special permit for a S-story (98 feet) hospital with a rooftop helipad is consistent with the Plan's recommended land uses. Staff's recommendation is for denial of the "I-Y' District, and lieu thereof approve an "AB" District, with a Special Pennlt for a 5-story (98 feet) hospital with a roof helipad subject to a site plan and the following conditions: 1. USES: The only uses permitted by this Special Permit other than those uses permitted by right in the "AB" Professional Office District is an emergency medical helipad. The helipad must be used for medical emergency purposes only and shall be the only helipad on the hospital premises. 2. HEIGHT: The height of the hospital most not exceed a height of 98 above the ftrst finished floor level or five (5) stories, whichever is less. planning comrmssion Minutes March 27, 2002 Case No. 0302-03 (Chrisms Spohn Health System) Page 2 3. RESTRICTED AIRSPACE: Helicopter flight operations shall be conducted in a manner that minimizes noise during approaches and departures (takeoffs and landings) to the helipad. Overflight of Marina Del Sol Condominium Addition, Block 1, Lot 3, is prohibited lower than 500 feet from the earth's surface for so long as such properly's residentially occupied in accordance with the zoning ordinance of the City of Corpus Christi. 4. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. There were six (6) notices mailed to proper~T owners within a 200-foot radius of which none were returned in favor and none were returned in opposition. The applicant submitted letter in support. Chairman Berlanga asked how the noise level would affect the abdominal specialist next door to the helipad. Mr. Saldaha said that a notification letter was sent to the owners of the property containing the abdominal specialist, however, they did not submit a letter in opposition to the rezoning request. Commissioner Richter asked for an explanation of the flight path. Mr. Saldafia said that from a previous zoning case, information was received that the flight path the helicopters used major thoroughfares to access the helipad. Staff's concern was how the nearby residences would be affected. Comrmssioner Richter said that future development of the C C Glasscock Bayfront property could develop into a condominium and be affected by the aspects of the helipad. Commissioner Pusley expressed similar Chakman Berlanga opened the public hearing. Robert Butler, Senior Vice President of Chrisms Spohn Health System, explained that the Pavilion houses several outpatient services. Addressing concerns of the flight path, Mr. Buffer said that the helicopter lands into the wind which is usually coming from the south. He said that the property owners of the Marina Del Sol did not object to the helipad. He said that he could not address future development of the CC Glasscock Bayfront. He explained that the approach is from the north and would remain fi'om the north. The use of the helipad is usually only 20 times per year and usually at night. Mr. Butler added that he spoke with the abdominal specialist who did not have any objections. The City requested a letter from abdominal specialist which was drafled by Mr. Butler to close the alley, but to date the City has not received the request. Mr. Butler said that the proposed building would include six stories and that the helipad needed to be moved to be over the proposed area for the new emergency room He explained that there needs to be a fuel containment, as required by the Federal Aviation Association, in the area, but there would not be any storage of fuel in the area. Public hearing was closed. Commissioner Richter asked if Spohn would object to the 500-feet overflight restriction. Mr. Butler said that he does not think it would be a problem Commissioner Richter asked whether the applicant would be hindered by a condominium development. Mr. Buffer said that the developer would need to work around the hospital. Commissioner Smith said that as a former pilot, he did not believe there was any problem with moving the helipad 150 feet and that he would support Staff's recommendation. Corunnssion recommended changing the Special Permit language to reflect a six (6) story hospital, changing the height to the appropriate height restriction for s/x (6) stories with a helipad, and adding language to provide the same consideration for any development on the C C Glasscock Bayf~ont proper~ as given to the Marina Del Sol development. Planning comnUssion Minutes March 27, 2002 Case No. 0302-03 (Chrisms Spohn Health System) Page 3 Commissioner Sween-McGloin's concern of potential fue'l storage recommended adding another condition to prohibit fuel storage. Motion by Sween-McGloin, seconded by Richter, to forward a recommendation of denial of the "1-3" Industrial District and in lieu thereof, approval of a Special Permit with six (6) conditions. Motion passed with Smith voting "Nay"; Zamora and Minas being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON PLANNING COMMISSION AND STAFF'S RECOMMENDATION APPLICATION BYCHRISTUS SPOHN HEALTH SYSTEM, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 4, 5, AND 6, BLOCK I, OCEAN VIEW ADDITION, (CURRENTLY ZONED "A-I" APARTMENT HOUSE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A 6- STORY BUILDING (104 FEET FROM AVERAGE GRADE LEVEL OF BUILDING) AND A ROOF HELIPAD SITE USE SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Christus Spohn Health System 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 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 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 3ersons were allowed to appear and be heard; and WHEREAS, the City Council has determined that th~s amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a 6-story building (104 feet from average grade level of building) and a roof helipad site use subject to a site plan and five (5) conditions on Lots 4, 5, and 6, Block I, Ocean View Addition, (currently zoned "A-1" Apartment House District), located on Ocean Drive, approximately 150 feet south of Morgan Avenue SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following five (5) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "AB" Professional Office District is a hospital, as described in the following conditions, with an emergency medical rooftop helipad. 2. HEIGHT: The height of the hospital must not exceed a height of 104 feet from average grade level or six (6) stories, whichever is less. t~EGAL~-AVV~LEG-D~R~D~y~eDCurtis~YD~cS~2~P&Z~RD~2~Z~ning*~rd~YLE~2~2\Christus~Sp~hn~3~2~3A~rd`d~c Page 2 of 4 3. RESTRICTED AIRSPACE: Helicopter flight operations shall be conducted in a manner that minimizes noise during approaches and departures (takeoffs and landings) to the helipad. Overflight of Marina Del Sol Condominium Addition, Block 1, Lot 3, is prohibited lower than 500 feet from the earth's surface for so long as said lot is residentially occupied in accordance with the zoning ordinance of the City of Corpus Christi. If the Glasscock property across Ocean Drive to the east of the hospital is residentially occupied, then the above ovedlight restrictions shall also apply to the Glasscock property. 4. HELIPAD: The roof helipad must be used for medical emergency purposes only and shall be the only roof helipad on the hospital premises. (VVhen this helipad is constructed and ready for use, the helipad use authorized in Special Permit AB/SP/97-08 shall be deleted from said Special Permit.) No helicopter maintenance or fueling shall be permitted. Storage of fuel is prohibited. : 5. TIME LIMIT: This Special Permit shall expire within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION $. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. t~J..EGAL~AW~LEG-DIR~Doyle DC u r tisWIYDOCS~2002~P &ZORD02~.oning .ord~DOYLEC~002\Christus. Spohn. Z030203A.Ord .doc /O Page 3 of 4 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd 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 '17 April, 2002 James R. Bray, Jr. City A~y // ~ ~,._, I~oyle~'~.--C_~u~s "" Senior As~tant Ci~ Afforney ~`~LEGAL~-AW~LEG~D~R~D~y~eD~u~s9v~YD~cS~2~2~&z~RD~2~z~n~ng~rd~D~YLE~2\Chdstus~Sp~hn~Z~3~2~3A~rd~d~c /? EXHIBIT A APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BYCHRISTUS SPOHN HEALTH SYSTEM, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 4, 5, AND 6 BLOCK I, OCEAN VIEW ADDITION, FROM "A-I" APARTMENT HOUSE DISTRICT TO "1-3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of Christus Spohn Health System 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 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 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 from "A-1" Apartment House District to "1-3" Heavy Industrial District on Lots 4, 5, and 6, Block I, Ocean View Addition, located on Ocean Drive, approximately 150 feet south of Morgan Avenue. 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. t~-EGALtLAVV~t-EG~D~R~D~y~eD~urtis~YD~CS~2~2~P&Z~RD~2~-~ning~rd~D~YLE~2\Chdstus~Sp~hn~Z~3~2~3B~rd.d~c Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd 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 17 April, 2002 James R. Bray, Jr. City A.ttorney /~ /~/ , ~oyle--~D.--~d~is -- Senior As~tant City Attorney ~EGAL~AVV~LEG-D~R~)~y~eDCurtis~MYD~cS~2~2~P&Z~RD~2~Z~ning~rd~D~YLE~2~2\christus~Sp~hn~Z~3~2~3B~rd~d~c 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 23, 2002) Case No. 0302-05~ Medical Square~ Ltd.: A change of zoning from an "AB" Professional Office Dislxict to a "B-4" General Business Disttict on Riverside Hospital Tract, Block 1, Lot 2, located on thc south side of Northwest Boulevard at the Wildcat Drive intersection. PlanninR Commission and Staff's Recommendation (03/27/02): Approval. Requested Council Action: Approval of the "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: To allow retail, office, and pharmacy uses. Summary: The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-4" General Business District in order to allow a pharmacy and retail uses in conjunction with the medical and non- medical office uses existing within the facility. The property is improved with four (4) one-story buildings, totaling 13,513 square feet, and is leased to professional office use tenants. West of the subject property is a hospital and medical related uses. East of the subject property is a variety of commercial uses such as a convenience store, fast- food restaurants and retail uses. Across Northwest Boulevard to the north is a bank and shopping center. Northwest of the subject property across Northwest Boulevard is Calallen High School. The subject property has direct access to an arterial, Northwest Boulevard and should have minimal impact to the street system. The Northwest Area Development Plan recommends the corridor of the Northwest Boulevard to develop with general commercial and medical uses. The requested "B-4" District is an expansion of the adjacent "B-4" District to the east and west. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, eleven (11 ) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. Thc applicant/owner of thc subject property submitted a notice in favor. The 20% rule is not in effect. · Gunmng, Director of planning MG/FGM/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Page 10 4) Ordinance Pages 11-12 H:~PLN-DIR~ERMA\WORD~AGENDM EM\0302-05AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0302-05 March 27, 2002 M9C Medical Square Ltd. Riverside Hospital Tract, Block 1, Lot 2, located on the south side of Northwest Boulevard at the Wildcat Drive intersection. 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: 1.55 acres (67,456 square feet) Same as above. "AB" Professional Office District "B-4" General Business District Medical office building. Allow for retail, office and pharmacy uses. Not applicable. Surrounding area - "B-4" General Business District Adjacent Land Use: North - (across Northwest Boulevard) Bank. South - Drainage area and Wal-Mart. East - Convenience store. West - Medical offices and hospital. Zoning Report Case No. 0302-05 (Medical Square Ltd.) Page 2 Number of Residential Units Allowed: "AB" - 56 units (36.30 dwelling units per acre) "B-4" - 56 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 13,513 square feet of gross floor area = 549 average weekday vehicle trip ends. Ad[acent Streets/Classification: a) Northwest Boulevard - arterial b) Wildcat Drive - collector Right-of-Way Design Current: a) 150-foot right-of-way with an 82-foot wide rural paved section. b) 60-foot right-of-way with a 40-foot wide rural paved section. Planned: a,b) Same as current. 2001 Traffic Count (24-hour~ weekda¥~ non-directional): a) 27,669 vehicles per day. b) 4,938 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In August 2001, 3.5 acres out of Lot 1, Section 2, Nueces River Irrigation Park Subdivision, located on the south side of Northwest Boulevard and west of County Road 69 fi:om the subject property was granted a change of zoning from "FR" District to "B-4" District for a retail center. Zoning Report Case No. 0302-05 (Medical Square Ltd.) Page 3 Zoning Inventory: The subject property is the only "AB" District remaining along the Northwest Boulevard area from US Highway 77 to Wildcat Drive. Approximately 86.55 acres of "B-4" Dislxict property exist immediately north, south and east of the subject property. The "B~4" District area is predominantly developed with a mixture of uses such as a hospital, medical and non-medical offices and a variety of retail uses. Northwest of the subject property and across Northwest Boulevard is approximately 69.79 acres of land zoned a "R-1B' District and developed with a public high school. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-4" General Business District in order to allow a pharmacy and retail uses in conjunction with the medical and non-medical office uses existing within the facility. The property is improved with four (4) one-story buildings, totaling 13,513 square feet, and is leased to professional office use tenants. West of the subject property is a hospital and medical related uses. East of the subject property is a variety of commercial uses such as a convenience store, fast-food restaurants and retail uses. Across Northwest Boulevard to the north is a bank and shopping center. Northwest of the subject property across Northwest Boulevard is Callallen High School. The subject property has direct access to an arterial, Northwest Boulevard and should have minimal impact to the street system. The Northwest Area Development Plan recommends the corridor of the Northwest Boulevard to develop with general commercial and medical uses. The requested "B-4" District is an expansion of the adjacent "B-4" District to the east and west. Confomfity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District because of the subject property's direct access to an arterial without traversing a residential area. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial and medical uses. The requested "B-4" District is consistent with the Plan's recommended land use. Potential Housing Density: The "AB" and "B-4" Districts permit a density of 36.30 dwelling units per acre or fifty-six (56) units on the subject property. The change in zoning will not affect the permitted residential density. Height/Bulk/Setbacks/Etc.: The "AB" and "B-4" Districts, require a front yard setback of twenty (20) feet. The required side and rear yard setbacks in an "AB" District are ten (10) feet each. There are no required side or rear yard setbacks in the "B-4" Districts unless adjacent to a residential district, where a setback often (10) feet will be required along that adjacency. Building heights are limited to 45 feet not to exceed three (3) stories in an "AB" DistriCt. There are no building height limitations in the "B-4" District. Zoning Report Case No. 0302-05 (Medical Square Ltd.) Page 4 Pros: a) b) c) Signage: An "AB" District permits wall signage at four (4) square feet per tenant not to exceed twenty (20) square feet and a freestanding sign with a sign area of 20 square feet with a height of six (6) feet. Signs in the "B-4" District are unlimited provided they are located behind the front yard setback. Freestanding signs within the front yard are limited to one freestanding sign per street frontage with a sign area of forty (40) square feet and a height of 25 feet. Traffic. A specialty retail use could generate approximately 549 daily trip ends. The adjacent arterial is designed to handle large volumes of traffic and the proposed uses will not adversely impact the surrounding street system. Parking/Screening: A retail or medical office establishment is required to provide one off-street parking space for each 200 square feet of gross floor area. The 13,513 square foot medical office building is required to provide sixty-eight (68) off-street parking spaces. Conversion of the entire building to a non-medical use would require a parking ratio of one-off street parking space for each 250 square feet of gross floor area, totaling 55 spaces. Compliance with the parking regulations will be required before a Certificate of Occupancy can be issued. 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 the subject property has no residential adjacency, there is no required screening fence. Costs to City: All of the infrastructure required to serve the subject property is in place and there are no anticipated costs to the City. Platting: The subject property contains one (1) platted lot and further replatting is not required. (Ideas in support of the request.) The requested "B-4" District is an expansion of the existing "B-4" District to the east and west. The requested "B-4" District is consistent with the Northwest Area Development Plan's future land use plan that supports general commercial and medical uses along the Northwest Boulevard corridor. The subject property has direct access to an arterial, Northwest Boulevard, and will not adversely impact the street system. Zoning Report Case No. 0302-05 (Medical Square Ltd.) Page 5 Cons: (Ideas in support of maintaining the current zoning.) None Staff Recommendation: Attachments.: Approval Zoning and Ownership Map Ownership List H:\PLN-DIP,\ERMA\WORD~ZONRPTS\0302-05CCREPORT,DOC B-4 4A B-4 CALALLEN H I GH SCHOOL NORTHWEST BOULEVARD SUBJECT 'ARCEL CALALLEN SPORTs MEDICINE 3 WELLS PARQ3 SIX POINTS SHOPPING CENTER NORTHWEST BOULEvARD TRAC 2A 3 NORTHWEST REGIONAL HOSPITAL B-4 NUECES Mot 14, 2002 - Z0302-05 )0 CASE Z0302-05 B-4 TOWNE WEST 3 WAL-MART · - Property Owner in Favor X - Property Owner Opposed -- See Comments on Page(s) ~ Subject property Owners within 200 feet listed on ettnched ownership list ~/,~__~~c-o ." "7 OWNERSmI' LIST CASE NO. 0302-05 Applicant: Medical Square Ltd. 13701 FM Rd. 624, 78410 1 Z0302-05 121600000000 MR. JAMES WARLICK, SUPT. CALALLEN 1ND SCHOOL DIST 4205 WILDCAT DR. CORPUS CHRISTI, TX 78410 CALALLEN HIGH SCHOOL TR, 56.86 ACS 2 Z0302-05 245400010010 CENTERAMERICAN CAPITAL PARTNERSHIP 3901 BELLAIRE BLVD HOUSTON TX 77025 FIVE POINTS SHOPPING CENTER LT 1 BLK 1 Representative: Wayne Lundquist 700 Everhart, 78411 3 Z0302-05 245400010030 MERCANTILE BANK P O BOX 2219 BROWNSVILLE TX 78522 FIVE POINTS SHOPPING CENTER LT 3 BLK 1 4 Z0302~05 591900030010 WAL-MART STORE//01-464 · PROPERTY TAX #0555 1301 SE 10TH ST BENTONVILLE AR 72716 NUECES TOWNE WEST LT IA BLK 3 5 Z0302-05 591900030020 RACETRAC PETROLEUM INC P O BOX 105035 ATLANTA GA 30348 NUECES TOWNE WEST LT 2A BLK 3 6 Z0302-05 591900030050 CORPUS CHRISTI VENTLrRE NO ONE LLP ET AL C/O ST IVES REALTY INC DALLAS TX 75248 NUECES TOWNE WEST LT 5 BLK 3 7 Z0302-05 735000000000 RIVERSIDE HOSPITAL INC HCA-THE HEALTHCARE COMPAN P O BOX 1504 NASHVILLE TN 37202 RIVERSIDE HOSPITAL TRACT 21.598 ACS 8 Z0302-05 SP MEDICAL SQUARE, LTD 13701 FMRD 624 CORPUS CHRISTI, TX 78410 0 Z0302-05 735000010020 MEDICAL SQUARE PARTNERSHI 13701 FM RD 624 STE C CORPUS CHRISTI TX 78410 RIVERSIDE HOSPITAL TRACT LT 2 BLK 1 FLOUR BLUFF BUSINESS ASSOCIATION P. O. BOX 181423 CORPUS CHRIST, TX 78418 DAVID CROFT WOODRIVER HOMEOWNER'S ASSOCIATION 4033 WOOD RIVER DRIVE CORPUS CHRISTI, TX 78410 g COMMENTS RECEIVED FROM NOTICES MAILED CASE NO. 0302-05 Medical Square, Ltd. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 8) Medical Square Partnership, 13701 F.M. 624 "All other properties around are "B-4". Opposition: 5) Race Trac Petroleum, 300 Technology Court, Smyrna, GA 30082 No written comment. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. IlL Responses received from owners/applicants of subject area: Favor: Opposition: Medical Square Partnership, 13701 F.M. 624 (applicant/owner) None. H:XPLN-DIR~ERMA\WORD\COMMDATA\0302-05COMMENTS.DOC q Planning Commission Minutes March 27, 2002 Medical Square, Ltd.: 0302-05 REQUEST: "AB" Professional Office District to "B-4" General Business District Riverside Hospital Tract, Block 1, Lot 2, located on the south side of Northwest Boulevard at the Wildcat Drive intersection. Mr. Saldafia provided a computerized slide illustration of the subject property and the surrounding area. He said that the subject property is the only "AB" Dislrict remaining along the Northwest Boulevard area from US Highway 77 to Wildcat Drive. Approximately 86.55 acres of "B-4" District property exist immediately north, south and east of the subject property. The "B4" District area is predominantly developed with a mixture of uses such as a hospital, medical and non-medical offices and a variety of retail uses. Northwest of the subject property and across Northwest Boulevard is approXUnately 69.79 acres of land zoned a "R-lB" Dista-ict and developed with a public high school. Mr. Saldafia said that the applicant has requested a change of zoning from an "AB" Professional Office District to a "B-4" General Business District in order to allow a pharmacy and retail uses in conjunction with the medical and non-medical office uses existing within the facility. The property is improved with four (4) one-story buildings, totaling 13,513 square feet, and is leased to professional office use tenants. West of the subject property is a hospital and medical related uses. East of the subject property is a variety of commercial uses such as a convenience store, fast-food restaurants and retail uses. Across Northwest Boulevard to the north is a bank and shopping center. Northwest of the subject properly across Northwest Boulevard is Calallen High School. The subject property has direct access to an arterial, Northwest Boulevard and should have minimal impact to the street system. The Northwest Area Development Plan recommends the corridor of the Northwest Boulevard to develop with general commercial and medical uses. The requested "B-4" District is an expansion of the adjacent "B4" District to the east and west. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial and medical uses. The requested "B4" District is consistent with the Plan's recommended land use. Therefore, staffrecommends approval of the rezoning request. There were 11 notices mailed to property owners within a 200-foot radius of which one (1) was returned in favor and none were returned in opposition. The applicant/owner also submitted a notice in favor. Chairman Berlanga said that traffic is impacted by development in the area and asked about sufficient traffic signals for the area. Mr. Saldafia said that staff does not expect conditions to become worse and added that there are traffic lights in the area. Chamnan Berlanga opened the public hearing. No one appeared in favor or opposition. Pubhc hearing was closed. Commissioner Pusley asked about the letter in opposition and expressed concem with "B-4" District zoned businesses selling alcohol near the school. Mr. Saldafia said that the establishment would need to be further than 300 feet from the front door of the business to the property line of the school. Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation for "B4" General Business District. Motion passed with Zamora and Mims being absent. APPLICANT'S REQUEST AN ORDINANCE ZONING ORDINANCE, PLANNING COMMISSION AND STAFF'S RECOMMENDATION AMENDING THE UPON APPLICATION BY MEDICAL SQUARE, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 1, RIVERSIDE HOSPITAL TRACT, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Medical Square, 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 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 2002, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus 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 2, Block 1, Riverside Hospital Tract, located on the south side of Northwest Boulevard at the Wildcat Drive intersection, from nAB" Professional Office District to "B-4" General Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. \~-EGAL~VW`-EG~D~R~D~y~eDcu~tis~YD~S~2~2~&Z~RD~2~z~n~ng~rd~D~YLE~2~2~v1ed~Squa re.Z030205A.Ord.doc // Page 2 of 3 SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd 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 17 April, 2002 James.R. Bray, Jr. __ I~oyle D.-~is Senior A~l~istant City Attorney ~t-EGAL~W~LEG-DIR~)oyle DCurfls~IYDOCS~2002~P &ZORD02~Zo ning.ord~X:)YLEC~2.002,~led. Sq u a re .Z03020SA.Ord.doc 18 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: April 23, 2002) Case No. 0302-06~ Meyer & Garza Properties~ Ltd: A change of zoning from an "A-I" Apartment House District to an "AB" Professional Office District on South end, Block 1, Lot J, mid 50 feet of East ½ of Lots 4-J, Lot M, North ~ of South ~ of West ¼ of Lot 4-M, and Lot N, South ~ of South ¼ of West ½ of Lot 4, located between South Carancahua and South Tancahua Street, north of Coleman Street. Planning Commission and Staff's Recommendation (03/27/02): Approval. Requested Council Action: Approval of the "AB" Professional Office District and adoption of the attached ordinance. Purpose of Request: For professional office building and parking. Summary: The applicant has requested a change of zoning from an "A-I" Apartment House District to an "AB" Professional Office District in order to lease Tract 1 as professional offices and to provide additional parking spaces on Tract 2. Tract 1 is located along South Tancahna Street and Tract 2 along South Carancahua Street, both being arterial streets. Tract 1 and 2 are adjacent to "AB" District property to the north that is developed with numerous professional offices and a private school use. To the south is property zoned with an "A-l" Dis~ict where a 2-story apartment complex is located. Across South Tancahua Street from Tract 1 is an attorney's office in an "AB" Distxict. East of Tract 2, across South Carancahua Street is a high-rise condominium. The South Central Area Development Plan recommends this area transition from residential to low and mid-rise office uses. The requested "AB" District and proposed use is consistent with the Plan's recommendation. An "AB" District on these properties would be consistent with the existing "AB!' zoning and uses to the north. With Tract 1 and 2 having access to an arterial, traffic generated by the office uses would not adversely impact the surrounding properties. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, fifty-seven (57) notices were mailed to the property owners within a 200-foot radius, of which one ( 1 ) was returned in favor and none in opposition. The applicant/owner of thc subject property submitted a notice in favor. The 20% rule is not in effect. Michael N. Gunni~ Director of Planning MG/FGM/er Attachments: 1) Zoning Report Pages 2-14 2) Comments Received Page 15 3) Planning Commission Minutes Page 16 4) Ordinance Pages 17-18 H:~PLN-DiR~ERMA\WORD~AGENDMEM~0302-06AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0302-06 March 27, 2002 J15B Meyer and Garza Properties South End, Block 1, Lot J, mid 50 feet of east ½ of Lots 4-J, Lot M, north V2 of south ¼ of west ½ of LOt 4-M, and Lot N, south ½ of south ½ of west ½ of LOt 4, located between South Carancahua and South Tancahua Street, north of Coleman Street. 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 Zonine: 0.43 acre (18,847 square feet) Same as above. "A-1" Apartment House District "AB" Professional Office District Tract 1 - Vacant Rehab Facility. Tract 2 - Vacant lot. Tract 1 -Professional office building. Tract 2 - Professional office parking. Not applicable. TRACT - 1 North - "AB" Professional Office District South - "A-2" Apartment House District East - "A-2" Apartment House District West - (across South Tancahua Street) "AB" Professional Office. Zoning Report Case No. 0302-06 (Meyer and Garza Properties, Ltd.) Page 2 TRACT -2 North & West - "AB" Professional Office District South - "A-1" Apartment House District East - (across Carancahua Street) "A-1" Apartment House District Ad,[acent Land Use: TRACT - 1 North - Attorney's office. South - Apartment parking lot. East - Apartment building. West - (across South Tancahua Street) Attorney's office. TRACT - 2 North - Private school. South - Apartment building. East - (across South Carancahua Street) High-rise condominium. West- Attorney's office. Number of Residential Units Allowed: "A-1" - 9 units (21.78 dwelling units per acre) "AB" - 15 units (36.30 dwelling units per acre) Estimated Traffic Generation: Office building - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,221 square feet of gross floor area ( average floor area per ITE Manual) = 48 average weekday vehicle trip ends. Ad[acent Streets/Classification: a) Tract 1 - South Tancahua Street - arterial b) Tract 2 - South Carancahua Street - arterial Right-of-Way Design Current: a) 60-foot right-of-way with a 40-foot back-to-back paved section. b) 60-foot right-of-way with a 40-foot back-to-back paved section. Zoning Report Case No, 0302-06 (Meyer and Garza Properties, Ltd.) Page 3 Planned: a, b) Same as current. 2001 Traffic Count (24-hour~ weekday~ non-directional): a) b) 6,230 vehicles per day. 5,664 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In June 1996, Brayton Addition, Lots 3 and 6 of Block 2, located between South Tancahua and South Carancahua Streets, approximately 40 feet north of Agnes Street were granted a change of zoning from an "Al" District to an "AB" District for a professional office. In February 1999, Lots 6 through 8, Block 2, located on the northwest comer of Craig and Second Streets and southwest from the subject property, were granted a change of zoning from "A-I" and "A-2" Districts to an "AB" District for an office. In July 1999, Blocks 1 and 2, Hampton Addition, located between Tancahua and Carancahua Street, north of Hancock Street and northwest f~om the subject property, were granted a change of zoning from a "B-4" District to an "AB" District. In August 1999, Lots 6 through 13, Block 6, located between Ocean Drive and Second Street, north of Morgan Avenue and south from the subject property, were granted a change of zoning from "A-I" and "AB" Districts to a "B-2" District for a medical office building. Zoning Inventory: The subject property is a portion of a 4.52-acre area zoned an "A-i" District and developed with a mixture of single-family residences, apamnents and high-r/se condominiums. West of Tract 1, across South Tancahua Street is an area containing 23.42 acres of land zoned a "A-I" District and developed with a park, single-family residences and apartment uses. Directly west of Tract 1 across South Tancahua Street is a 0.60-acre area zoned with a "AB" District. North of Tract 1 and 2 is 1.52 acres of"AB" District property and to the south 1.17 acres of "A-2" District property. Zoning Report Case No. 0302-06 (Meyer and Garza Properties, Ltd.) Page 4 Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District in order to lease Tract 1 as professional offices and to provide additional parking spaces on Tract 2. Tract 1 is located along South Tancahua Street and Tract 2 along South Carancahua Street, both being arterial streets. Tract 1 and 2 are adjacent to "AB" District property to the no~h that is developed with numerous professional offices and a private school use. To the south is property zoned with an "A- 1" District where a 2-story apartment complex is located. Across South Tancahua Street from Tract 1 is an attorney's office in an "AB" District. East of Tract 2, across South Carancahua Street is a high-rise condominium. The South Central Area Development Plan recommends this area transition from residential to low and mid-rise office uses. The requested "AB" District and proposed use is consistent with the Plan's recommendation. An "AB" District on these properties would be consistent with the existing "AB" zoning and uses to the north. With Tract 1 and 2 having access to an arterial, traffic generated by the office uses would not adversely impact the surrounding properties. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "AB" District. The South Central Area Development Plan recommends the area to develop with apartments and mid-to low-rise office uses. The requested "AB" District is consistent with the Plan's recommended land use. Potential Housing Density: An "A-I" District permits a density of 21.78 dwelling units per acre or nine (9) dwelling units on the subject property. The "AB" District permits a density of 36.30 dwelling units per acre or fifteen (15) dwelling units on the subject property. Height/Bulk/Setbacks/Etc.: The "A-I" District requires a t~ont yard setback of twenty (20) feet with a side and rear yard setback for multiple-family uses often (10) feet each plus five (5) feet for each additional floor above the first. An "AB" District requires a front yard setback of twenty (20) feet with a side and rear yard setback often (10) feet each. Both districts limit the building heights to 45 feet not to exceed three (3) stories. Signage: Signs in an "A-I" District are limited to one wall sign with an area of thirty (30) square feet. If the property contains ten (10) or more dwelling units, one monument sign with a height often (10) feet and a sign area of twenty (20) square feet may be permitted in lieu of the wall sign. The "AB" District permits wall signage at four (4) square feet per tenant not to exceed twenty (20) square feet and a freestanding sign with a sign area of 20 square feet and a height of six (6) feet. Zoning Report Case No. 0302-06 (Meyer and Garza Properties, Ltd.) Page 5 Traffic: Tracts 1 and 2 have direct access to arterials, South Tancahua and South Carancahua Streets. The proposed office use will not generate sufficient traffic to adversely impact the adjoining properties. Parking/Screening: A non-medical office use is required to provide one off-sWeet parking space for each 250 square feet of gross floor area. A medical office use is required to provide one off-street parking space for each 200 square feet of gross floor area. Compliance with the parking regulations will be required before a certificate of occupancy can be issued. A 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 its south property line. Costs to City: All of the infi~astmcture required to serve the subject properly is available and no costs to the City are anticipated. Platting: The subject property contains two (2) platted lots and further replatting is not required. Pros: (Ideas in support of the request.) a) The subject property is located in an area bound by apartments, a school and professional offices. b) The requested "AB" District is consistent with the adopted South Central Area Development Plan. Cons: (Ideas in support of maintaining the current zoning) a) Approval of the "AB" District could domino onto the adjacent properties to the south. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H:\PLN'DIR\ERMA\WORDXZONKPTS\03024)6CCREPORT.DOC SOUTH BLUFF PARK A-I SOUTH BLUFF PARK J Mot 14. 2002- AMF 0 CASE Z0302-06 ~AYNE TRACT 5-A 5-C :D ADI RAY, NE TRACT RAYNE TRACT A RAYNE TRACT CLIF~¢ 4 BLUFF F 9 C-I I · - Property Owner in Favor X - Proper~yOwner Opposed Subject property See Comments on Page(s) /~.4"" Owners within 200 feet listed on ottoched ownership list c2~ ::¢,, ~¥~)-~-/'"/.. OWNERSHIP LIST CASE NO. 0302-06 Applicant: Meyer & Garza Properties 406 St. Thomas Dr. Laredo, TX 78045 Representative: Bobbie Jo Meyer 903 N. Washington Beeville, TX 78102 1 z0302-06 317100010010 801 CARANCAHUA LTD 6635 S STAPLES #211 CORPUS CHRISTI TX 78413 HAMPTONS ADD LT 1 A BK 1 2 Z0302-06 317100010060 RAGAN JAMES B 723 COLEMAN AVE CORPUS CI-II~ISTI TX 78401 HAMPTON W/2 OF LT 5 & ALL LT 6E BLK 1 3 Z0302-06 317100030020 LEIJA JESUS A JR, TRSTEE FOR GUADALUPE A LEIJA 801 S TANCAHUA CORPUS CHRISTI TX 78401 HAMPTON LT 2 BLK 3 4 Z0302-06 317100030030 HOY KEVIN D & MARJORIE 621 5TH ST CORPUS CHRISTI TX 78401 HAMPTON LT 3 & E/2 OF LT 4 BLK 3 5 Z0302-06 713500010010 EPISCOPAL-PROTESTANT CHURCH OF THE GOOD SHEPHE 700 S BROADWAY CORPUS CHRISTI TX 78401 RAY-NE TR LT 1-A BK 1 6 Z0302-06 713500010020 EPISCOPAL CHURCH OF THE GOOD SHEPHERD 700 S BROADWAY CORPUS CHRISTI TX 78401 RAYNE TR LT 2 BK 1 7 Z0302-06 817100010020 EPISCOPAL CHURCH-OF THE G SHEPHERD 700 S BROADWAY CORPUS CHRISTI TX 78401 SOUTH END E.5 OF LT 2 LESS N 50XI00' OF NE COR LESS W50.36X101' BK 1 6 Z0302-06 817100010040 EPISCOPAL CHURCH OF THE GOOD SHEPHERD 700 S BROADWAY CORPUS CHRISTI TX 78401 SOUTH END S/2 OF W/2 LT 2Q BK li 5 Z0302-06 817100010050 EPISCOPAL-PROTESTANT ST JAMES EPISCOPAL SCHOOL 701 UPPER S BROADWAY CORPUS CHRISTI TX 78401 SOUTH END N/2 OF W/2 LT 3I BK li 8 Z0302-06 817100010051 LICHTENSTEIN M L JR FNDTN C/O HARRY L MAKKS,GARY ET P O BOX 2888 CORPUS CHRISTI TX 78403 SOUTH END ADD LT 5A-5B-5C-5D- BK 1 9 Z0302-06 817100010060 GONZALEZ EVELYN HUERTA 616 S TANCAHUA STE B CORPUS CHRISTI TX 78401 SOUTH END LT E BK 1 7 Z0302-06 817100010070 EPISCOPAL CHURCH-OF THE G SHEPHERD 700 S BROADWAY CORPUS CHRISTI TX 78401 SOUTH END LT F BK 1 10 Z0302-06 817100010080 EPISCOPAL-ST JAMES SCHOOL CHURCH OF THE GOOD SHEPHE 700 S BROADWAY SOUTH END N50' OF E/2 OF LT 3-G BK 1 10 Z0302-06 817100010090 EPISCOPAL-ST JAMES SCHOOL CHURCH OF THE GOOD SHEPHE 900 S BROADWAY SOUTH END S55.8' OF E/2 OF LT 3 & N31.16' OF E/2 OF LT 4-H BK 1 11 Z0302-06 817100010110 JOHNSON/SIIVlMONS ENTERPRIS 12036 AIRLINE DR HOUSTON TX 77037 SOUTH END E/2 OF S/2 OF LT 4 BK 1 I Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 2 12 z0302-06 817100010120 GILMORE JOHN AND ROBERT BUJANOS JR 622 SO TANCAHUA CORPUS CHRISTI TX 78401 SOUTH END N/2 OF W/2 OF LT 4 BK 11 13 Z0302-06 817100020033 JOHNSON JOHN L 611 S TANCAHUA CORPUS CHRISTI TX 78401 SOUTH END LT 3C BLK 2 II 15 Z0302-06 817100020071 NOLTE IRMA WOLFE TRUSTEE 619 S TANCAHUA ST CORPUS CHRISTI TX 78401 SOUTH END UND1V 1/3 INT IN LT 4A BLK 2 II 16 Z0302-06 817100020080 HOY, KEVIN DOYLE & MARJOR RAE HOY 621 5TH ST CORPUS CHRISTI TX 78401 SOUTH END LT 3A BLK 2 II 18 Z0302-06 817100020130 GUESS SUE T C/O L B WALKER & ASSOCIAT P O BOX 16290 HOUSTON TX 77222 SOUTH END S/2 OF W/2 OF LT 4H BLK 2 II 19 Z0302-06 817100020140 PAGE DAVID AND MONIKA PAG 310 HAROLDSON CORPUS CHRISTI TX 78412 SOUTH END N/2 OF E/2 OF LT 5K BLK 2 II 14 Z0302-06 817100020070 NOLTE IRMA WOLFE 619 TANCAHUA ST CORPUS CHRISTI TX 78401 SOUTH END UND1V 2/3 1NT IN LT 4A BLK 2 II 17 Z0302-06 817100020120 BERRY WILLIAM H JR 709 SOUTH TANCAHUA CORPUS CHRISTI TX 78401 SOUTH END LT 4B BLK 2 II 2O Z0302-06 817100020150 PAGE MONIKA 715 1/2 S TANCAHUA CORPUS CHRISTI TX 78401 SOUTH END S/2 OF E/2 OF LT 5M BLK 2 II 21 Z0302-06 817100020160 HOY TIMOTHY MURPHY ET UX KEVIN DOYLE HOY ET UX 621 FIFTH ST CORPUS CHRISTI TX 78401 SOUTH END W/2 OF LT 5J & L BLK 2 II 22C Z0302-06 163800000204 KNOLLE CHARLES EDWARD JR MARY ELIZABETH KNOLLE 715 UPPER S BROADWAY #204 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM I_rNIT 204 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000202 NEWBERRY HARVEY B & LOIS REVOCABLE LIVING TRUST HCR #2 BOX 7700 SANDIA TX 78383 CLIFF HOUSE A CONDOMINIUM UNIT 202 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000302 LEWIS ROY R P O BOX 6065 715 S UPPER BROADWAY #302 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 302 & 1.57 PERCENT ELEMENTS COMMON ELEMENTS 22C Z0302-06 163800000203 ZORDANI ROBERT A & WF PHYLLIS N 309 E JEFFERSON AVE WATSEKA IL 60970 CLIFF HOUSE A CONDOMINIUM UNIT 203 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000305 LA FRENIERE DENIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 305 & 1.00 PERCENT INTEREST COMMON ELEMENTS q Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 3 22C Z0302-06 163800000506 LAFP~NIEKE DENNIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 506 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000701 KINGS X INC 5926 S STAPLES ST STE A2 CORPUS CHRISTI TX 78413 CLIFF HOUSE A CONDOMINIUM UNIT 701 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001002 HERKIMER ALLEN G JR AND FAY PAGE HERKIMER 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1002 & 2.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001101 WOODS KIMBERLY K AND WOODS RICHARD L ETUX JEAN 5890 EVERHART RD CORPUS CHRISTI TX 78413 CLIFF HOUSE A CONDOMINIUM UNIT 1101 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001201 LICHTENSTEIN REVOCABLE TR P O BOX 81485 CORPUS CHRISTI TX 78480 CLIFF HOUSE A CONDOMINIUM UNIT 1201 & 3.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001202 LAFRENIERE DENNIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE 1 CONDOMINIUM UNIT 1202 & 1.74 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000704 EST OF DENIS C LAFRENJERE ATT'N: PATRICIA D LAFRENJE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 704 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001103 LAFRENIERE DENNIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1103 & 2.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001204 LAFRENIERE DENNIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1204 & 2.26 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001501 LA FRENIERE DENNIS C 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1501 & 2.07 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000201 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE CONDOMINIUM UNIT 201 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000205 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE 1 CONDOMINIUM UNIT 205 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000303 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE CONDOMINIUM UNIT 303 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000306 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CBRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 306 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000401 LAFILENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 401 & 1.73 PERCENT INTEREST COMMON ELEMENTS lO Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 4 22C Z0302-06 163800000402 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 402 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000403 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 403 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000405 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 405 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000406 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 406 & 1.13 PERCENT INTEREST IN COMMON ELEMENTS 22C Z0302-06 163800000503 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 503 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000504 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 504 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000603 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JAR. VIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 603 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000604 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 604 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000404 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE 1 CONDOMINIUM LrNIT 404 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000502 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 502 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000505 LAFRENIERE EST OF DENIS C % PATRICIA LAFREN1ERE 4617 JAR'VIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINTtlM UNIT 505 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000605 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 605 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000606 LAWLEY EVERETT JR ET UX 104 TANGLEBRIAR LANE #B SAN ANTONIO TX 78209 CLIFF HOUSE A CONDOMINIUM UNIT 606 & 1.13 PERCENT INTERST COMMON ELEMENTS 22C Z0302-06 163800000703 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 703 & 137 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000802 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 802 & 1.57 PERCENT INTEREST COMMON ELEMENTS Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 5 22C Z0302-06 163800000803 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 803 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000804 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 804 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000902 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 902 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000903 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 903 & 1.37 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000906 LICHTENSTEIN M L IR FNDTN C/O HARRY L MARKS,GARY ET P O BOX 2888 CORPUS CHRISTI TX 78403 CLIFF HOUSE A CONDOMINIUM UNIT 906 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001401 LICHTENSTEIN M L IR FNDTN C/O HARRY L MARKS,GARY ET P O BOX 2888 CORPUS CHRISTI TX 78403 CLIFF HOUSE I CONDOMINIUM UNIT 1401 & 3.39 PERCENT INT COMMON ELEMENT 22C Z0302-06 163800000702 MILLER DOROTHY L 201 HEATH AVE MADISONVILLE TX 77864 CLIFF HOUSE A CONDOMINIUM UNIT 702 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000706 MARTIN SUSAN I 6133 CRESTMONT DR DALLAS TX 75214 CLIFF HOUSE A CONDONIMIUM UNIT 706 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000806 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMI]qlUM UNIT 806 & 1.13 PERCENT INTEREST COMMON ELEMENT 22C Z0302-06 163800000904 LAFRENIERE EST OF DENIS C % PATRICIA LAFRENIERE 4617 JARVIS CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM UNIT 904 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001402 LICHTENSTEIN M L JR FNDTN C/O HARRY L MARKS,GARY ET P O BOX 2888 CORPUS CHRISTI TX 78403 CLIFF HOUSE A CONDOMINIUM UNIT 1402 & 1403, 2.72 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000501 REYNOLDS JUNA CLAUDINE 715 S UPPER BROADWAY #501 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMEN]UM UNIT 501 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001104 GONZALES GRACE MARIE 715 S UPPER BROADWAY #110 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1104 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000206 MOORE MARTHA D TRUSTEE 309 HAROLDSON CORPUS CHRISTI TX 78412 CLIFF HOUSE A CONDOMINIUM LrNIT 206 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000601 AR/vlSTRONG BETTY GRANT P O BOX 4774 CORPUS CHRISTI TX 78469 CLIFF HOUSE A CONDOMINIUM UNIT 601 & 1.73 PERCENT INTEREST COMMON ELEMENTS Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 6 22C Z0302-06 163800000602 MARTIN ROBERT R P O BOX 6902 CORPUS CHRISTI TX 78411 CLIFF HOUSE A CONDOMINIUM UNIT 602 & 1.57 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000304 BARLOW MARLYN PAUL ETLrX MARIORIE RUTH BARLOW 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78402 CLIFF HOUSE A CONDOMINIUM UNIT 304 & 1.30 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000801 GARY RONALD B ETUX LAURA 715 S UPPER BROADWAY #801 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 801 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000901 LUBY MAYVIC W JR 715 S UPPER BROADWAY #901 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 901 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001102 HARPER ROBIN G 715 S UPPER BROADWAY #110 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1102 & 2.05 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001105 GONZALES GRACE MARIE 715 S UPPER BROADWAY #110 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 1105 & 1.13 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000301 NOTZON EDMUND M & FLEDA H 855 E BASSE RD #256 SAN ANTONIO TX 78209 CLIFF HOUSE A CONDOMINIUM UNIT 301 & 1.73 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000805 KOEPKE PAUL J 715 S UPPER BROADWAY ST # CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 805 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001001 BARLOW MARLYN PAUL ETUX MARIORIE RUTH BARLOW 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78402 CLIFF HOUSE A CONDOMINIUM UNIT 1001 & 3.91 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001003 CLAYTON RANEE 715 S UPPER BROADWAY #100 CORPUS CHRISTI TX 78401 CLIFF HOUSE I CONDOMINIUM UNIT 1003 & 2.06 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000705 POPE F STARR JR 800 N SHORELINE BLVD SUITE #900N CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUM UNIT 705 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800000905 HACHEM ANTONIO EDOUARD 715 S. UPPER BROADWAY #90 CORPUS CHRISTI TX 78401 CLIFF HOUSE A CONDOMINIUlvl UNIT 905 & 1.00 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001203 PACKARD MASAKO CAROL 125 ATLANTIC ST CORPUS CHRISTI TX 78404 CLIFF HOUSE A CONDOMINIUM UNIT 1203 & 1.26 PERCENT INTEREST COMMON ELEMENTS 22C Z0302-06 163800001404 WINKLE STEVEN CRAIG 3739 ARANSAS CORPUS CHRISTI TX 78411 CLIFF HOUSE A CONDOMINIUM UNIT 1404 & 2.18 PERCENT INTEREST COMMON ELEMENTS 23C Z0302-06 168100010020 ANDERSON DERWOOD AND GAIL 713 COLEMAN AVE CORPUS CHRISTI TX 78401 COLEMAN OFFICE SUITES SUITE 2- A BLDG A & 25 PERCENT INT IN GCE Ownership List Case No. 0302-06 (Meyer & Garza Properties, Ltd.) Page 7 23C Z0302-06 168100010010 ANDERSON DERWOOD AND GAlL P O BOX 6977 CORPUS CHRISTI TX 78466 COLEMAN OFFICE SUITES SUITE 1- A BLDG A & 25 PERCENT INT IN GCE 23C Z0302-06 168100020010 RODRIGUEZ DEBRA M 5121 CAPE ANN CORPUS CH1LISTI TX 78412 COLEMAN OFFICE SUITES SUITE 1- B BLDG B & 25 PERCENT INT IN G-CE 24 Z0302-06 SP MEYER & GARZA PROPERTIES, LTD. 406 ST. THOMAS DR. LAREDO, TEXAS 78045 0 Z0302-06 817100010100 JOHNSON/SIMMONS ENTERPRIS 12036 AIRLINE DR HOUSTON TX 77037 SOUTH END M50' OF E/2 OF LT 44 BKII 0 Z0302-06 817100010140 JOHNSON/SIMMONS ENTERPR1S 12036 AIRLINE DR HOUSTON TX 77037 SOUTH END S/2 OF S/2 OF W/2 OF LT 4BKII MRS. HENDERSON FURMAN AVENUE BLOCK ASSOCIATION 915 FURMAN AVENUE CORPUS CHRISTI, TX 78404 23C Z0302-06 168100020020 RODRIGUEZ DEBRA M 5121 CAPE ANN CORPUS CHRISTI TX 78412 COLEMAN OFFICE SUITES SUITE 2- B BLDG B & 25 PERCENT INT IN GCE 0 Z0302-06 817100010130 JOHNSON/SIMMONS ENTERPRIS 12036 AIRLINE DR HOUSTON TX 77037 SOUTH END N/2 OF S/2 OF W/2 OF LT 4M BK 1 I COMMENTS RECEIVED FROM NOTICES MAILED CASE NO. 0302-06 * - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned bom within the 200-foot notification area: Favor: 22C) Robert R. Martin, Cliff House Condominiums, Unit 602 No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. HI. Responses received from owners/applicants of subject area: Favor: Meyer & Garza Properties, Ltd., 406 St. Thomas Dr., Laredo, Texas (Applicant/Owner) No written comment. Opposition: None. H APLN-D IRXERMA\WORD\COMMDATA\0302-06COMMENTS.DOC Planning Commission Minutes March 27, 2002 Meyer and Garza Properties, Ltd.: 0302-06 REQUEST: "A-I" Apartment Dstrict to "AB" Professional Office District on property described as South End, Block 1, Lot J, mid 50 feet of east ½ of Lots 4-J, Lot M, north ¼ of south ~ of west V, of Lot 4-M, and Lot N, south '/2 of west ½ of Lot 4, located between South Carancahua and South Tancahua Street, north of Coleman Street. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is a portion of a 4.52-acre area zoned an "A-l" District and developed with a mixture of single-family residences, apartments and high-rise condominilmas. West of Tract 1, across South Tancahua Street is an area containing 23.42 acres of land zoned a "A-l" District and developed with a park, single-family residences and apartment uses. Directly west of Tract 1 across South Tancahua Street is a 0.60-acre area zoned with a "AB" Disthct. North of Tract 1 and 2 is 1.52 acres of "AB" District property and to the south 1.17 acres of"A-2" District property. Mr. Saldafia said that the applicant has requested a change of zoning fi:om an "AA" Apartment House District to an "AB" Professional Office District in order to lease Tract 1 as professional offices and to provide additional parking spaces on Tract 2. Tract 1 is located along South Tancahua Street and Tract 2 along South Carancahua Street, both being arterial streets. Tract 1 and 2 are adjacent to "AB" District property to the north that is developed with numerous professional offices and a private school use. To the south is property zoned with an "A-1" District where a 2-story apartment complex is located. Across South Tancahua Street fi:om Tract 1 is an attorney's office in an "AB" Dish-ict. East of Tract 2, across South Carancahua Street is a high-rise condominium. The South Central Area Development Plan recommends this area transition fi:om residential to low and mid-rise office uses. The requested "AB" District and proposed use is consistent with the Plan's recommendation. An "AB" District on these properties would be consistent with the existing "AB" zoning and uses to the north. With Tract 1 and 2 having access to an arterial, traffic generated by the office uses would not adversely impact the surrounding properties. Therefore, Staff recommends approval of the rezoning request. There were 57 nolices mailed to property owners of which one (1) was in favor and none were received in opposition. The applicant also submitted a letter supporting the request. Chairman Berlanga opened the public hearing. Bobby Jo Meyer, applicant, said that there is a fo~-plex on the "A-I" DisttSct property and there are no plans to change the zoning. The vacant property is needed for parking. Public hearing was closed. comrmssioner Pusley, Commissioner Sween~McGloin, to forward a recommendation for approval of the "AB" Professional Office District. Motion passed with Zamora and Minas being absent. /6 .::: PLANNING COMMISSION APPLICANT'S REQUEST AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MEYER & GARZA PROPERTIES, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO THE FOLLOWING LOTS OUT OF BLOCK '1, SOUTH END: LOT J; MID 50 FEET OF EAST 112 OF LOTS 4-J AND M; NORTH 112 OF SOUTH '112 OF WEST 112 OF LOT 4-M; LOT N; AND THE SOUTH '112 OF WEST 1/2 OF LOT 4; BY CHANGING THE ZONING FROM "A-I" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Meyer & Garza Properties, 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 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 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 Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on the following Lots out of Block 1, South End: Lot J; mid 50 feet of East 1/2 of Lots 4-J and Lot M; North 1/2 of South 1/2 of West 1/2 of Lot 4-M; Lot N; and the South 1/2 of West 1/2 of Lot 4; located between South Carancahua and South Tancahua Streets, north of Coleman Street, by changing the zoning from "A-I' Apartment House District to "AB" Professional Office 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, 1937, 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~-AW`a-EG-D~R~D~y~eDCur[is~MYD~CS~2~2~P&z~RD~2~z~n~ng~rd~D~YLE~2~2~eyer~Ga~za~Z~3~2~6A~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 Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd day of April, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 17 April, 2002 James R. Bray, Jr. By: /"'-,J ~ _ boYle D. {~rtis Senior As§istant City Attorney ~LEGAL~J-AV~LEG-DIR\DoyleDC u r tis~lVlYDOCS ~ 002~P &ZORD02~Zonlng.ord~)OYLEC~2002Wleye r.G arza.Z030206A.doc 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 23, 2002) Case No. 0302-07~ Island In The Son~ U.M.C.: A change of zoning from an "F-R" Farm-Rural District to an "AT" Apartment Tourist District on Mustang Island, being 4.99 acres out of Tracts B and C, located on the west side of State Highway 361, north of the Packery Channel and south of Newport Pass. Planning Commission and Staff's Recommendation (03/27/02): Denied the "AT" District, and in lieu thereof, approved an "RE" Residential Estate District. Requested Council Action: Denial of the "AT" Apartment House District, and in lieu thereof, approval of an "RE" Residential Estate District and adoption of the attached ordinance. Purpose of Request: To change to a zoning district that provides fur a smaller lot area fur fi~ture platting purposes. Summary: The applicant has requested a change of zoning from an "F-R" Farm Rural District to an "AT" Apartment Tourist District in order to reduce the lot size for platting purposes. Plans for the property include platting the site to receive city water services and for future church expansions. Current structures on the property include a one-story concrete church building with 8,703 square feet and two, one-story wood frame buildings with 592 square feet and 562 square feet. The subject property is located on the west side of State Highway 361, a rural arterial, and west of Mustang Island State Park. The existing "F-R" Distxict and proposed "AT" District permit a church use. During the 1999 and 2001 annexation proceedings for Mustang Island, staff recommended and the City Council supported an "AT" District between State Highway 361 andtheGulfofMexicoshureline fur private property. At that time, Staff indicated that condominium uses were preferred along the east side of State Highway 361 and that low density residential should be maintained on the west side of State Highway 361. It is Staffs recommendation that the "AT" Apartment Tourist District be denied and that the "RE" Residential Estate District be approved for the subject property. The "RE" District permits a church, as well as provides for low-density residential development, as supported by staff. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, twelve (12) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none in opposition. The applicant/owner of the subject property submii~ed a notice in favor. The 20% rule is not in effect. Director of Planning MG/FGM/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Page 10-11 4) Ordinances Pages 12-17 H:~PLN-DIR~ERMA\WORD~AGENDMEM\0302-07AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0302-07 March 27, 2002 F21A Island In The Son, U.M.C. Mustang Island, being 4.99 acres out of Tracts B and C, located on the west side of State Highway 361, north of Packery Channel and south of Newport Pass. 4.99 acres 15.28 acres "F-R" Farm-Rural District "AT" Apartment Tourist District Church. To change to a zoning district that provides for a smaller lot area for future platting purposes. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zoning: North, South, and West - "FR" Farm Rural District East - (across SH 361) "R-lB" One-family Dwelling District Adiacent Land Use: North, South and West - Undeveloped land. East - (across S.H. 361) Mustang Island State Park. Zoning Report Case No. 0302-07 (Island In The Son, U.M.C.) Page 2 Number of Residential Units Allowed: "F-R" - 1 unit (1 unit per 5 acres) - Subject site is less than five (5) acres. "RE" - 4 units (1 unit per acre) "AT" - 217 units (43.56 dwelling units per acre) Estimated Traffic Generation: Single-family residence (detached) - l0 average weekday vehicle trip ends per dwelling unit x 1 dwelling units = l0 average weekday vehicle trip ends. Single-family residence (detached) - l0 average weekday vehicle trip ends per dwelling unit x 4 dwelling units = 40 average weekday vehicle trip ends. Single-family residence (detached) - l0 average weekday vehicle trip ends per dwelling unit x 217 dwelling units -- 2,170 average weekday vehicle trip ends. Condominiums - 5.86 average weekday vehicle trip ends per dwelling unit x 217 dwelling units = 1,271 average weekday vehicle trip ends. Church - 36.63 average Sunday vehicle hip ends per 1000 square feet of main assembly area x 8,000 square feet = 293 average Sunday vehicle trip ends. Adiaeent Streets/Classification: a) State Highway 361 - rural arterial Right-of-Way Design Current: a) 2$0-foot right-of-way with 38-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour~ weekda¥~ non-directional): a) 4,380 vehicles per day Zoning Report Case No. 0302-07 (Island In The Son, U.M.C.) Page 3 Zoning History of Property: In December 1999, as part of a larger area, the subject property was annexed into the City and zoned an "F-R" District. Recent Surrounding Zoning Cases: In December 1999, properties northwest of State Highway 361 and north of Mustang Island State Park were annexed into the city and zoned an "AT" District to the north and a "FR" District northwest of State Highway 361. In December 2001, Mustang Island State Park east of the subject property was annexed into the city and zoned an "R-lB" District. Zoning Inventory: The subject property is part of a 15.28-acre tract of land that is zoned an "F-PC' District that is mostly undeveloped except for the church along located along SH 361. West and south of the subject property is a tract of land containing over 500 acres of undeveloped land zoned an "F-PC' District. North and across SH 361 to the west of the subject property, there is over 1500 acres of land zoned an "R-lB" District and is part of the Mustang Island Park. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning fi-om an "F-PC' Farm Rural District to an "AT" Apartment Tourist District in order to reduce the lot size for platting purposes. Plans for the property include platting the site to receive city water services and for future church expansions. Current structures on the property include a one-story concrete church building with 8,703 square feet and two, one-story wood flame buildings with 592 square feet and 562 square feet. The subject property is located on the west side of State Highway 361, a rural arterial, and west of Mustang Island State Park. The existing "F-PC' District and proposed "AT" District permit a church use. During the 1999 and 2001 annexation proceedings for Mustang Island, staff recommended and the City Council supported an "AT" District between State Highway 361 and the Gulf of Mexico shoreline for private property. At that time, Staff indicated that condominium uses were preferred along the east side of State Highway 361 and that low density residential should be maintained on the west side of State Highway 361. It is StafI's recommendation that the "AT" Apartment Tourist District be denied and that the "RE" Residential Estate District be approved for the subject property. The "RE" District permits a church, as well as provides for low-density residential development, as supported by staff. Zoning Report Case No. 0302-07 (Island In The Son, U.M.C.) Page 4 Land Use Compatibility: Overall, Staff does not support the requested "AT" District, but can be supportive of the "RE" District on the west side of State Highway 361 which provides for low-density development. Potential Housing Density: An "F-R" DishSct permits a density of one dwelling unit per five (5) acres, however the subject property is less than five (5) acres and a residence is not permitted. The "RE" District permits a density of one (1) dwelling units per acre or four (4) units on the subject property. The "AT" District permits a density of 36.30 dwelling units per acre or 217 units on the subject property. Height/Bulk/Setbacks/Etc: There are no setback requirements or building height limitations in the "F-R" District. A front setback of fifty (50) feet is required in the "RE" District with a side and rear yard of twenty-five (25) feet each. Buildings in the "RE" District are limited to a height of 35 feet, not to exceed three (3) stories. However, churches in a "RE" District may have a height not to exceed seventy-five (75) feet when the required side and rear yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located. The "AT" District requires a front yard setback of not less than 20 feet. Side and rear yard setbacks for single-family and duplex uses are five (5) feet each and ten (10) feet each for one-story multi- family structures, plus five (5) feet for each additional story not to exceed thirty (30) feet. Other uses in the "AT" District require a minimum often (10) feet for each side and rear yard setback. Signage: The "F-R" District does not permit any signs unless to advertise products grown on the property. Churches in the "RE" District are allowed one (1) bulletin identification sign not to exceed thirty (30) square feet. Wall signs in the "AT" District are permitted to have sixty (60) square feet in area and properties with more than 100 feet of street frontage are allowed one additional square foot of sign area for each linear foot over 100 feet up to a maximum of 260 square feet. One freestanding sign with an area of sixty (60) square feet and a height of twenty (20) feet is permitted. Existing sign(s) exceeding the area requirement of the zoning district are nonconforming since the sign were existing prior to annexation. Traffic: The proposed church development is estimated to generate approximately 293 average Sunday vehicle trip ends. This traffic will access directly to a rural arterial, State Highway 361. The amount of traffic generated from the church use will not adversely impact the area. Parking/Screening: Churches are required to provide one (1) parking space per five (5) seats or bench seating in the main place of assembly. Residential development is required to provide 1.5 off-street parking spaces for each one bedroom dwelling trait or two (2) off-street parking spaces for each dwelling unit containing two (2) bedrooms or more. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence is not required for residential development. Zoning Report Case No. 0302-07 (Island In The Son, U.M.C.) Page 5 · Costs to City: Infrastructure to the subject property will be at the developer's expense. There are no anticipated costs to the City. · Platting: The subject property is a portion of a platted lot and a replat of the property is proposed once final action on the zoning has occurred. Pros: (Ideas in support of the request.) a) The requested "AT" District is not consistent with zoning patterns supported in the 1999 and 2001 annexation, however the "RE" District provides for low density development and supports the annexation zoning pattern. b) The subject property has direct access to a rural arterial, State Highway 361. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Denial of the requested "AT" District and approval of a "RE" District on the subject property. Attachments: Zoning and Ownership Map Ownership List H :\PLN-DIR\ERMA\WORD~ZONRPTS\0302-07CCREPORT.DOC F-R IV/OSTANG ISLAND STATE PARK R-lB F-R SUBJ F-R I~JSTANG ISLAND STATE PARK R-lB F-R M<3r 21, 2002 - AMF 50 CASE Z0302-07 · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) ~ _ Subject property Owners within 200 feet listed on clttc~ched ownership list OWTqERSHIP LIST CASE NO. 0302-07 Applicant: Island In The Son United Methodist Church 15640 Highway 361 78418 Representative: James E. Dunmyer 5145 Royalton 78418 1 Z0302-07 111506050000 THOMPSON JAMES L TRUSTEE TRUST OF JAMES L THOMPSON POBOX 15510 OKLAHOMA CITY OK 73155 BRYAN WM SUR 605 LS 205, 12.95 ACS 2 Z0302-07 111506050010 SON LrNITED METHODIST CHUR % SHELBY JORDAN 900 NATIONSBANK CNTR NORT CORPUS CHRISTI TX 78471 BRYAN WM SUR 605 LS 205, 10.02 ACS 2 Z0302-07 111506050020 SON UNITED METHODIST CHUR % SHELBY JORDAN 900 NATIONSBANK CNTR NORT CORPUS CHRISTI TX 78471 BRYAN WM SUR 605 LS 205, 5.26 ACS 3 Z0302-07 111506050051 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 BRYAN WM SUR 605 LS 205,430.87 ACS OCL 4 Z0302-07 111506050060 CENTRAL POWER AND LIGHT C PO BOX2121 CORPUS CHRISTI TX 78403 BRYAN WM SLrR 605 LS 205, 4.93 ACS 5 Z0302-07 SP ISLAND IN THE SON UNITED METHODIST CHURCH 15640 HIGHWAY 361 CORPUS CHRISTI, TX 78418 0 Z0302-07 111506050010 SON UNITED METHODIST CHUR % SHELBY JORDAN 900 NATIONSBANK CNTR NORT CORPUS CHRISTI TX 78471 BKYAN WM SUR 605 LS 205, 10.02 ACS 0 Z0302-07 111506050020 SON LrNITED METHODIST CHUR % SHELBY JORDAN 900 NATIONSBANK CNTR NORT CORPUS CHRISTI TX 78471 BRYAN WM SUR 605 LS 205, 5.26 ACS MARY BECK COQUINA BAY NEITHBORGOOD ASSOCIATION 14206 PUNTA BONAII~E CORPUS CHRISTI, TX 78418 DOTFY BRICARELL PORTS O'CALL NEIGHBORHOOD REPRESENTATIVE 13745 CAYO CANTILLE COURT CORPUS CHRISTI, TX 78418 PADRE ISLAND RESIDENT'S ASSOCIATION C/O ERNIE BASHAM 14350 iNDIGO CORPUS CHRISTI, TX 78418 WILLIAM D. HOELKE POINT TESORO NIEGHBORHOOD REPRESENTATIVE 15278 CARTAGENA COURT CORPUS CHRISTI, TX 78418 PADREISLAND PROPERTY OWNERS ASSOCIATION 14015 FORTUNA BAY DR. CORPUS CHRISTI, TX 78418 JERRY BROWN ISLAND FAIRWAY ESTATES NEIGHBORHOOD ASSN. 14985 CANADIAN MIST CORPUS CHRISTI, TX 78418 COMMENTS RECEIVED FROM NOTICES MAILED CASE NO. 0302-07 · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 1) 5) Opposition: James L. Thompson, P. O. Box 15510, Oklahoma City, OK 73155 No written comment. Island In The Son, U.M.C., 15640 Highway 361 No written comment. 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: Island In The Son, U.M.C., 15640 Highway 361 (Applicant/Owner) No written comment. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMMDATA\0302-07COMMENTS.DOC q Planning Commission Minutes March 27, 2002 Island In The Son, U.M.C.: 0302-07 REQUEST: "F-R" Farm-Rural District to "AT" Apartment-Tourist District Being 4.99 acres of land out of Tracts B and C Mustang Island, located on the west side of State Highway 361, north of Packery Channel and south of Newport Pass. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. He said that the subject property is part of a 15.28-acre tract of land that is zoned an "F- R" District that is mostly undeveloped except for the church along located along SH 361. West and south of the subject property is a tract of land containing over 500 acres of undeveloped land zoned an "F-R" District. North and across SH 361 to the west of the subject property, there is over 1500 acres of land zoned an "R-lB" District and is part of the Mustang Island Park. Mr. Saldafia said that the applicant has requested a change of zoning from an "F-R" Farm Rural District to an "AT" Apartment Tourist District in order to reduce the lot size for platting purposes. Plans for the property include platting the site to receive city water services and for future church expansions. Current structures on the property include a one-story concrete church building with 8,703 square feet and two, one-story wood frame buildings with 592 square feet and 562 square feet. The subject property is located on the west side of State Highway 361, a rural arterial, and west of Mustang Island State Park. The existing "F-R" District and proposed "AT" District permit a church use. During the 1999 and 2001 annexation proceedings for Mustang Island, staff recommended and the City Council supported an "AT" District between State Highway 361 and the Gulf of Mexico shoreline for private property. At that time, Staff indicated that condominium uses were preferred along the east side of State Highway 361 and that low density residential should be maintained on the west side of State Highway 361. It is Staffs recommendation that the "AT" Apartment Tourist District be denied and that the "RE" Residential Estate District be approved for the subject property. The "RE" District permits a church, as well as provides for Iow-density residential development, as supported by staff. Staff does not support the requested "AT" Dish'ich but can be supportive of the "RE" District on the west side of State Highway 361 which provides for low-density development. Staff recommends denial of the requested "AT" District and approval of a "RE" District on the subject property. Mr. Saldafia reiterated that due to sensitive nature of the area, Staff has said that all areas east of State Highway 361 would contain the condos, the area west which contain wetlands and environmentally sensitive, Staff wanted to have a less intense district. The "AT" District is too intense for the area, therefore, Staff believes that the "RE" District would be more appropriate for the area and has a minimum of one acre lots. There were 12 notices mailed to property owners within 200 feet of which one (1) was received in favor and none were received in opposition. The applicant also submitted a letter in favor. Commissioner Richter asked about expansion plans for the church. Mr. Saldafia said that the applicant has more area than the church. There is room for futm-e additions to the church also additional parking, comnUssioner Richter asked how staff could encourage development with other materials. Mr. Saldafia said that if there are more than 4 required parking spaces, the parking needs to be asphalt. Planning Commission Minutes March 27, 2002 Case No. 0302-07 (Island In The Son, U.M.C.) Page 2 Public hearing opened. George Rubalcaba, 3910 McKenzie, applicant engineeffrepresentative, said that the zoning change is necessary for connection to city services. The applicant is in agreement with the staff's recommendation. Commissioner Richter encouraged expansion with other materials for parking. Public hearing was closed. Motion by Pusley, seconded by Salazar, to forward a recommendation for approval of the "RE" District. Motion passed with Richter voting "Nay" and Zamora and Mims being absent. PLANNING COMMISSION AND STAFF°S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ISLAND IN THE SON, U.M.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 4.99 ACRES OUT OF TRACTS B AND C, MUSTANG ISLAND, FROM "F-R" FARM-RURAL 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 Island In The Son, U. M. C. for amendment to the of the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 4.99 acres out of Tracts B and C, Mustang Island,, located on the west side of State Highway 361, north of the Packery Channel and south of Newport Pass, from "F-R" Farm-Rural District to "RE" Residential Estate District. A metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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. W-EGALV-AWALEG-DIR~Doyle DCu~tis'~IYDOCS~2002~P&ZORD02~Zo ning. ord~DOYLE C~002\lsla nd.S on. C hurch. Z030207A. doc 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 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 23rd 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 17 April, 2002 James R. Bray, Jr. ~)oyle D~-(~" -- Senior AsSistant City Attorney ~LEGAL~-AvV~LEG-D~R~D~y~eDcu~s~YD~S~2~P&Z~RD~2~Z~n~ng~rd~D~YLEC~2~2~s~and~S~n~hurch~z~3~2~7A`d~c Metes and Bounds Description Of a 4.99 Acre Tract For Rezoning I200.20055 Being 4.99 acres of land, more or less, for rezoning, out of a 15.28 acre tract of land being all of a 10.02 acre tract, more or less, and all ora 5.26 acre tract, more or less, out of Survey 605, A-46, Hueees County, Texas, and both tracts being out of Survey 605~ L.S. 205 on Mustang Island, said 10.02 acre tract described as '`Tract B" and said 5.26 acre tract described as "Tract C" in Partition Deed recorded in Volume 1854, Page 421, Deed Records of Nueces County, Texas, and also shown in miscellaneous Map Records of Nueces County, Texas, in Volume 8, Page 16, and this 4.99 acre tract being more particularly d~scribed by metes and bounds as follows: Be~nning at a found 5/8" iron md in tho westerly right-of-way line of Park Road 53, a 220 foot wide road, for the northeast comer of this tract and said Tract C; Thence, with said westerly right-of-way line, S 30° 18' 28" W, at 200 feet pass the southeast comer of Tract C, tho same being the northeast comer of Tract B, in all 600 feet, to a found 5/8" iron rod, for the southeast corner of this tract and said Tract B; Thence, N 59° 41; 32" W, with the south boundary of ~this tract and Tract B, 362.27 feet, to the southwest corner of this tract; Thence, N 30° 18' 28" E, at 400 feet leave Tract B and enter Tract C, in all 600.00 feet, to the northwest corner of this tract, said comer being on the north boundary of Tract C; Thence, S 59° 41' 32" E, with the north boundary of this tract and Tract C, 362.27 feet, to the Point Of Beginning and containing 4.99 acres of land, more or less. EXHIBITA 0 30.~- -0"~ ~t~ APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ISLAND IN THE SON, U.M.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 4.99 ACRES OUT OF TRACTS B AND C, MUSTANG ISLAND, FROM "F-R" FARM-RURAL DISTRICT TO "AT" APARTMENT-TOURIST 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 Island In The Son, U. M. C. 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 27, 2002, during a meeting of the Planning Commission, and on Tuesday, April 23, 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 4.99 acres out of Tracts B and C, Mustang Island, located on the west side of State Highway 361, north of the Packery Channel and south of Newport Pass, from UF-R" Farm-Rural District to "AT,' Apartment-Tourist District. A metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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. 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. X~LEGAL~AVV~.E G-DIR\DoyleDC u rtis~IYDOCS~2002~P &ZORD02~Zoning .ord~DOYLEC~2002\lsland. Son. Church. Z030207B.Ord.doc 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 Chdsti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd 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 t7 April, 2002 James R. Bray, Jr. City rney Doyle df Curtis Senior P~ssistant City Attorney ~.EGAL~AW~J-EG-DIF~Doyle DCu r tis~VIYDOCS~002~P&ZORD02~Zo ning .on:N3OYLEC~2002~lsland. Son .Church,Z030207B,Ord .doc Metes and Bounds Description Of a 4.99 Acre Tract For Rezoning $200.20055 Being 4.99 acres of land, more or less, for rezoning, out of a 15.28 acre tract of land being all ora 10.02 acre tract, more or less, and all ora 5.26 acre tract, more or less, out of Survey 605, A-445, Nueces County, Texas, and both tracts being out of Survey 605~ L.S. 205 on Mustang Island, said 10.02 acre lract described as "Tract B" and said 5.26 acre tract described as ''Tract C" in Partition Deed recorded in Volmne 1854, Page 421, Deed Records of Nueces County, Texas, and also shown in miscellaneous Map Records of Nucces County, Texas, in Volume 8, Page 16, and this 4.99 acre tract being more particularly described by metes and bounds as follows: Bo~nning at a found 5/8" iron rod in the westerly right-of~way line of Park Road 53, a 220 foot wide road, for the northeast comer of this tract and said Tract C; Thence, with said westerly right-of-way line, S 30° 18' 28" W, at 200 feet pass the southeast comer of Tract C, the same being the northeast comer of Tract B, in all 600 feet, to a found 5/8" iron rod, for the southeast comer of this tract and said Tract B; Thence, N 59° 41; 32" W, with the south boundary of this tract and Tract B, 362.27 feet, to the southwest comer of this tract; Thence, N 30° 18' 28" E, at 400 feet leave Tract B and enter Tract C, in all 600.00 feet, to the northwest comer of this tract, said comer being on the north boundary of Tract C; Thence, S 59° 41' 32" E, with the north boundary of this tract and Tract C, 362.27 feet, to the Point Of Beginning and containing 4.99 acres of land, more or less. EXHIBIT A 0:30..,',q- -0-} /~ 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the Status of the Packery Channel Project STAFF PRESENTERS: Name 1. George K. Noe 2. Angel Escobar 3.Jorge Cruz-Aedo Title/Position Department Deputy City Manager Director Engineering Svs. Assistant City Manager OUTSIDE PRESENTER: Name Tom Utter Title/Position Consultant Organization ISSUE: The work on all phases of the Packery Channel Project are proceeding according to schedule. It is an appropriate time to brief the Council on the status of the project and the issues that must be resolved to continue to move forward. REQUIRED COUNCIL ACTION: No action required Additional Background Exhibits C~O,.~ K. Noe Deputy City Manager 21 AGENDA MEMORANDUM SUBJECT: DATE: Proposed Adjustments to the Current City of Corpus Christi Single Member District Lines April 19, 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 distdct 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 held dudng the month of April. 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 Chdsti 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. RECOMMENDATION: Staff recommends approval of the ordinance as presented. City Secretary SINGLE MEMBER DISTRICT RECOMMENDED PLAN 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, 849 & 109 3 = ADD VOTING PRECINCTS 70, & 89 BLACK REMOVE VOTING PRECINCTS 48. 4 = NO CHANGES MADE TO THIS DISTRICT 5 = REMOVE VOTING PRECINCTS 70, 8418% & 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 12889 3.40% 41,193 71.8% 149001 24.4% 19342 2.3% 3 569540 15050 1.89% 41,163 72.8% 109747 19.0% 39798 6.7% 4 55,019 -471 -0.85% 14,326 26.0% 369506 66.4% 19785 3.2% 5 53,844 -15646 -2.97% 219494 39.9% 273613 51.3% 21232 4.1% SOURCE: 1990 & 2000 CENSUS PL94-171 AN ORDINANCE EQUALIZING THE SINGLE MEMBER DISTRICTS FOR THE ELECTION OF CITY COUNCIL MEMBERS IN ACCORDANCE WITH THE CITY CHARTER; PROVIDING FOR SUBMISSION OF THE REAPPORTIONED DISTRICTS FOR PRECLEARANCE FROM THE U.S. DEPARTMENT OF JUSTICE; PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION. WHEREAS, the City Charter of the City of Corpus Christi establishes five single member districts for the election of five council members; WHEREAS, the City Council has determined that the five single member districts require reapportionment based on the Public Law 94-171 2000 census data issued by the U.S. Census Bureau; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the population of the five single member districts be reapportioned as required by Section 1 (a) of Article II, City Council of the City Charter to provide for equalized single member districts as required by law. SECTION 2. That the five single member districts shall consist of those Nueces County voting precincts and portions of Nueces County and Kleberg Counting voting precincts that are within the city limits set out on Exhibit "A" and the district boundaries of said single member districts are hereby amended and adopted as the new single member district boundaries as set out on the map attached as Exhibit "B"; SECTION 3. That the City Secretary is directed to request expedited consideration by the U.S. Justice Department by the submission of any change provided herein which requires preclearance, and providing such demographic data and information as required by law; SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 5. Publication of this ordinance will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly The foregoing ordinance was read for the first time and passed to its second reading on the day of April, 2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on the day of Apdl, 2002, by the following vote: Samuel L. Neal, Jr. Henry Garrett Brent°Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott APPROVED AND PASSED on the ATTEST: day of April, 2002 CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM ON THE JAMES R. BRAY, JR., City Attorney ~Jam,,e~ R/Bray, City/Attorney Samuel L. Neal, Jr. Mayor day of April, 2002. EXHIBIT A DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 7 1 4 2 3 *9 21 '15 5 8 *23 31 20 6 '16 30 33 24 18 17 38 39 *34 '19 *26 41 43 60 ~ 28(K) 29 44 48 70 40 32 45 50 71 42 67 46 53 74 63 88 47 56 78 64 112 49 57 80 65 115 51 58 89 81 116 52 59 93 86 119 61 62 95 90 124 76 66 98 91 125 77 68 106 92 79 69 113 117 82 72 '114 120 99 73 118 122 100 75 121 101 83 '103 84 '107 85 110 87 '111 94 123 96 97 109 * Indicates partially inside and outside city limits. ** Portion of Kleberg County voting precinct located within City limits. 22 CiTY COUNCIL AGENDA MEMORANDUM City Council Meeting on April 23, 2002 AGENDA ITEM: A resolution authorizing an amendment to the Fiscal Year 2001-2002 Park and Recreation Department Fee Schedule, pursuant to Section 36-7 of the Code of Ordinances, by adding Marina Promotional Programs; and providing for severance. ISSUES: The current Park and Recreation Department Fee Schedule does not have language to allow the municipal Marina to run marketing promotions. Consequently, the Marina is unable to respond to economic trends within the boating community by providing special opportunities for Marina customers to pay rates other than as exist in the current Fee Schedule. Adding this new section will provide that marketing tool. PRIOR COUNCIL ACTION: The City Council previously approved the current Schedule of Proposed Fees and Charges for Fiscal Year 2001-2002. REQUIRED COUNCIL ACTION: The City Council must approve all new fees. RECOMMENDATION: Staff recommends approval. Marco A. Cisneros, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X AGENDA MEMORANDUM BACKGROUNDINFORMATION BACKGROUND: The current fee structure for the Marina provides no flexibility with regard to the pricing of slip rentals, haul out fees, etc. Marina business is, to a certain extent, driven by market demand as successful operations frequently require the ability to provide innovative pricing mechanisms. Currently, the Marina has no method of responding to market demand during the course of a fiscal year. By providing the ability to do market promotions, the Marina will be able to respond more quickly to market demands and provide incentives for customers to either do business where they had not before or remain as customers of the Marina. A RESOLUTION AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 200t-2002 PARK AND RECREATION DEPARTMENT FEE SCHEDULE, PUR- SUANT TO SECTION 36-7 OF THE CODE OF ORDINANCES, BY ADDING MARINA PROMOTIONAL PROGRAMS; AND PROVIDING FOR SEVERANCE. WHEREAS, Section 36-7 of the City Code requires council approval by motion or reso- lution for any new recreational fees created; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council approves an amendment to the Fiscal Year 2001-2002 Park and Recreation Department Fee Schedule by adding marina promotional pro- grams as follows: "X. Marina Marina Promotional Proqrams: The Park and Recreation Depart- ment is authorized to conduct marina marketing promotionals, at various times durinq the year, at the marina. Cost recovery will not exceed 40% of the cost of youth proqrams, with reqard to the marina marketing promotionals, other than as applied to the Latch- key program." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution, for it is the definite in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of April, 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the /{~'"~ay of April, 2002. Eli~abet~R: Hundley,'Assis~ant City 23 CITY COUNCIL AGENDA MEMORANDUM Date: April 17, 2002 AGENDA ITEM: Motion approving a contract with Southwestern Bell Telephone Company for universal emergency number service (E9-1-1) to be established during the month of May, 2002 for an installation charge of$103,664.00 and an annual recurring cost of $197,174.40. Funds are available from the General Fund - Police. ISSUE: The City must enter into a contract with Southwestern Bell to provide E9-1-1 service within the City after settling a lawsuit against the State to withdraw from the existing 9-1 - 1 contract with the Council of Governments and the State. BACKGROUND INFORMATION: In 1997 the City filed notice of intent to withdraw from the Coastal Bend Council of Governments Interlocal Agreement to provide 9-1-1 service to the City of Corpus Christi and the other COG counties. Although the agreement was with COG and not with the State of Texas, the State would not release the City and the City filed a lawsuit to withdraw. The lawsuit was settled in favor of the City on November 12, 2001 with a six month transition period to begin our own service. The transition period provides the City time to negotiate the contracts with Southwestern Bell and allow Bell to modify their database so the City boundaries will dictate the routing of911 calls for service. The six month transition period ends the week of May 12, and we have planned a cutover to the new service on May 14. The proposed Contract is based on State Tadffcharges and will be effective for 5 years depending on annual appropriations. Prior to the May 14t~ cutover date, additional contracts may be brought to the Council regarding 9-1-1 database information as it pertains to wireless providers operating within the City limits. FUNDING: Funds are available from the Police General Fund, 1020-11802 REQUIRED COUNCIL ACTION: Approval of contract. RECOMMENI)ATION: Staffrecommends approval of contract. C~efofp;~~ SERVICE APPLICATION FOR UNIVERSAL EMERGENCY NUMBER SERVICE (E9-1-1) SOUTHWESTERN BELL TELEPHONE COMPANY (hereinafter "Company") and the City of Corpus Christi (hereinafter "Customer"), hereby agree as follows: 1. The Customer hereby applies for Enhanced Universal Emergency Number Service (E9-1-1) (hereinafter "E9-1-1 Service") under the Company's tariffs, and agrees to the terms, conditions and roles under which the service is offered, including payment of the charges set forth therein for the service lines and equipment provided. 2. The Company agrees to furnish the Customer, and the Customer agrees to purchase, "E9-1-1 Service" in accordance with Company's applicable tariffs, rules and regulations under the terms and conditions stated herein for a period of sixty (60) months (Initial Term). Customer and Company agree that the damage to Company in the event that Customer terminates this Agreement before it expires is not readily susceptible to calculation. If Customer terminates this Agreement prior to the end of its term, therefore, Customer agrees to pay Company a termination charge equal to one-half of the payments remaining for the balance of the contract term. 2. If federal or state law prohibits the Customer from executing any agreement that crosses its fiscal year, then the term of this Service Application shall be deemed to be through its fiscal year, and automatically renewable at the beginning of each fiscal year through the period specified elsewhere in the Service Application. In the event that Customer is unable to obtain funding for the next fiscal year for the services specified in this Service Application, then this Service Application shall terminate at the end of the last fiscal year for which funding is appropriated; provided, however, that Customer agrees to make reasonable efforts to obtain funding. Customer agreed that if it terminates this Service Application pursuant to this paragraph, it will not purchase the same or a substitutable service(s) from another provider during the term otherwise remaining on this Service Application. In the event that it is determined by an administrative agency or court of law that this Service Application violates any of the above laws, ordinances or regulations, SBC shall have the option of terminating this Service Application with no further obligation to the Customer. 4. "E9-1-1 Service" under this Service Application will be available to Company's telephone subscribers located within the Exchange(s) specified on Exhibit A. Customer understands that the "E9-1-1 Service" to be furnished by Company pursuant to this Service Application will not be available to any telephone subscribers not located within the service area of Company's Incumbent Local Exchange Carrier operations. Customer requests that the "E9-1-1 Service" shall commence during the month of May 2002 and Company agrees to establish such service at such time or as soon thereafter as may be accomplished by the Company exercising reasonable diligence and effort. The date upon which "E9-1-1 Service" is initially established shall be referred to hereinafter as the "Service Establishment Date." For purposes of this Service Application, the term "E9-1-1 Service" means the Network Tmnking and Switching, Data Management System, and the combination of ANI/ALI/SR Service Features (as defined in Company's tariffs) listed on Exhibit A provided, collectively. The "E9-1-1 Service" does not include provision of the space, structure, conduit, power, protective equipment and/or environmental requirement nor any alteration(s) of any Customer equipment room(s) or PSAP space(s) to meet any space, structure, conduit, power, protective equipment and/or environmental requirement(s), all of which the Customer is responsible for providing and paying for; and further provided that the "E9-1-1 Service" does not include any equipment, material or supplies not specifically enumerated on Exhibit A hereto, all of which excluded items the Customer is responsible for providing and paying for. 7. (a) The current tariffrates for "E9-1-1 Service" are as follows: Monthly Non-Recurring Recurring Charge Charge Network Tmnking/Switching, Data Management System and Service Features: ANI/ALI/SR (prices stated are per 1000 Exchange Access Arrangements served) $108.10 $1,748.75 It is understood by the Customer that the charges quoted above are the rates currently contained in the Company's tariffs and that such charges are regulated by the Texas Public Utility Commission (TPUC) and are subject to change. Customer agrees that if the TPUC changes any of these rates, or if the TPUC imposes additional terms or conditions, regardless of whether the changes are initiated by SWBT, the changed rates or conditions shall apply as if set forth herein. (b) Company and Customer estimate that as of the Service Establishment Date there will be a total of approximately one hundred fifty two thousand (152,000) Exchange Access Arrangements operating in any end office serving any geographic area which is located both within the Company's franchised territory (as defined by the Public Utility Commission of the State of Texas) and the boundaries of the Customer. This estimate of Exchange Access Arrangements does not include any telephone subscribers not located within service area of Company's Inc.umbent Local Exchange Carrier operations. (c) The Customer has informed Company that it desires the number of Public Safety Answering Point(s) (hereinafter "PSAP's") to be associated with the "E9-1-1 Service" as are specified on Exhibit A to perform the functions and to be located at the site(s) specified on Exhibit A. Should Customer change any of the information specified on Exhibit A then the charges stated in Paragraph 5 (d), below, will change. Customer agrees to pay such changed charges. (d) Based upon all of the following: the current tariffrates set forth in Paragraph 5 (a), above, the estimate of Exchange Access Arrangements set forth in Paragraph 5 (b), above, the location(s) of the PSAP's stated on Exhibit A hereto, the initial estimated charges on the Service Establishment Date for the "Eg-l-1 Service" will be as follows: Network Tmnking/Switching, Data Management System and Service Features: ANI/ALI/SR TOTAL Monthly Recurring Charges: $16,431.20 TOTAL Non-Recurring Charges: $103,664.00* *Net NRC after credit of $62,467.25 for existing ANI/SR service in Corpus Christi (e) Non-Recurring charges for "E9-1-1 Service" shall accrue in full on the Service Establishment Date. Monthly recurring charges for the "E9-1-1 Service" shall begin to accrue on the Service Establishment Date. 8. "E9-1-1 Service" is subject at all times to the then-existing tariffs of the Company, and the rules and regulations promulgated, issued and/or approved by the Public Utility Commission of Texas. Should any conflict arise between the terms of this Service Application and the Company's tariffs, the Company's then-existing tariffs shall prevail. Company and Customer hereby agree that each will fully cooperate with the other to perform all necessary acts in order to facilitate the provision of"E9-1-1 Service" on the Service Establishment Date. Each party hereto further agrees that performance of each of the acts listed below as of the date specified in items (a) through (j), inclusive, is essential to the provision of"E9-1-1 Service" on the Service Establishment Date: (a) SWBT shall provide to Customer an initial Master Street Address Guide (hereinafter the "MSAG") to Customer fifteen (15) days prior to the Service Establishment Date. (b) Customer shall verify and/or correct the aforesaid initial MSAG so as to reflect every street address range within the "E9-1-1 Service" area in the MSAG and annotate the MSAG with the police, fire, ambulance and any other agency responsible for providing emergency service to each street address range. Customer shall verify and correct the MSAG to Company prior to the Service Establishment Date. (c) Company shall provide access to the Company Texas Public Safety web site MSAG Mail to Customer fifteen (15) days prior to the Service Establishment Date.) (d) Customer shall provide Company with access to adequate space inside Customer's locations to install the "E9-1-1 Service". Said space shall be made available to SWBT beginning fifteen (15) days prior to the Service Establishment Date, through the testing period specified in item (i), below, and thereafter as reasonably required by SWBT for testing, monitoring and related purposes. (e) Customer shall verify and/or correct MSAG Mall indicating Customer's approval of the contents of the MSAG, as corrected prior to the Service Establishment Date. (f) Once the MSAG Mail has been approved and implemented, Company will load any additions, changes and/or corrections noted therein into the Data Management System and the Tandem Selective Routing database. Such changes must be made prior to the Service Establishment Date. (g) Once the MSAG has been approved and implemented, Customer shall advise Company immediately of any changes in street names, establishment of new streets, changes in address numbers used on existing streets, closing and abandonment of streets, changes in police, fire, ambulance and any other appropriate agencies' jurisdiction over any address, annexations or other changes in municipal and county boundaries, incorporation of new cities or any other matter which may affect the routing of emergency service traffic to the proper PSAP. (h) Any changes to the MSAG provided to Company by Customer in accordance with item (g), above, more than (5) days prior to the Service Establishment Date shall be loaded into the Data Management System and the Tandem Selective Routing database by Company on or before the Service Establishment Date. (i) Customer shall have installed, at Customer's expense, any and all PSAP equipment which is not provided by Company (including any necessary demarcation block(s) or protective connecting arrangement(s)), and make such equipment available for use in connection with testing, analysis and evaluation of the "E9-1-1 Service" (30) days prior to the Service Establishment Date. (j) At any time prior to the Service Establishment Date, either party hereto may request that a meeting be held between the parties' appropriate representatives to discuss any matter pertaining to the "E9-1-1 Service." Any such requested meeting shall be held between the parties' appropriate representatives within a reasonable time following such request. Should either party discover that the other party's failure to meet any of the requirements set forth in items (a) through (j), inclusive, above, as of the time specified therein will cause the discovering party to be unable to meet the Service Establishment Date, such failure shall excuse the discovering party from meeting the Service Establishment Date. The discovering party shall immediately call a meeting in accordance with item (j), above, for the purpose of determining and mutually agreeing upon a revised date for installation and establishment of the "E9-1-1 Service" for the Customer. Each party hereto agrees that it will not assert any claim of liability against the other party for any delay which is excused by this Paragraph 7 or Paragraph 8 hereof if the "E9-1-1 Service" is not established on the Service Establishment Date; provided, however, nothing contained in this Service Application shall be construed as a waiver of or limitation upon Company's right to recover the charges specified in Paragraph 2.24 of Section 34 of Company's General Exchange Tariff in the event of cancellation of the "E9-1-1 Service", in whole or in part, by Customer prior to the establishment thereof. 10. Neither party shall be held responsible for any delay or failure in performance of any part of the work to be performed pursuant to this Service Application to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, federal or state government requirement, civil or military authorities, Acts of God or by the public enemy, acts or omissions of carriers or other causes beyond the control of Customer or Company. If any such force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. If any party is delayed or unable to perform due to the occurrence of such force majeure condition, performance under this Service Application shall automatically be suspended for the duration of the force majeure condition, and shall be resumed once the force majeure condition ceases. This clause shall not excuse the failure to pay money. 11. If any article, paragraph, clause or provision, or any portion thereof, of this Service Application is determined invalid or unenforceable, either judicially or administratively, such judgment shall not affect, impair or invalidate the remaining articles, paragraphs, clauses or provisions hereof, the intention being that the various articles, paragraphs, clauses or provisions hereof are severable. 12. All communications and notices required by or relating to this Service Application shall be deemed to have been made upon receipt by the addressee. All communications and notices required by or relating to this Service Application shall be addressed to the respective parties as follows: If to the Customer: Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78403 Attention: Captain Leonard Scott and, if to the Company: SBC Southwestern Bell 12500 San Pedro, Suite 4-Q-11 San Antonio, TX 78216 Attention: Jan Wood The above addresses may be changed at any time by giving ten (10) days prior written notice either by hand delivery or by certified mail, return receipt requests. 13. This Service Application shall be governed by and construed in accordance with the laws, court decisions and administrative law decisions of the State of Texas; We need this retained. City can agree to a limitations period even if one is not imposed by law. 14. The Customer warrants to the Company that the person executing this Service Application on its behalf is duly authorized to execute this Service Application; that the execution of this Service Application is not proscribed by the Constitution or laws of the State of Texas, and that all necessary action has been taken by the Customer's goveming body to authorize the execution of this Service Application. 15. This Service Application for Universal Emergency Ntunber Service (E9-1-1) consists of ( ) pages, including Exhibits A hereto. 16. This Service Application, together with the applicable Company tariffs, set forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements and understandings relating to the subject matter hereof. No representation, promise, inducement or statement of intention has been made by either party, which is not embodied herein. EXECUTED in quadruplicate originals as of the date(s) set forth below the parties' respective signatures. APPROVED: CITY OF CORPUS CHRISTI BY: NAME: TITLE: DATE: SOUTHWESTERN BELL TELEPHONE, L.P. By its General Partner SWBT TEXAS, LLC BY: NAME: TITLE: DATE: EXHIBIT A TO SERVICE APPLICATION FOR UNIVERSAL EMERGENCY NUMBER SERVICE (E9-1-1) FOR THE CITY OF CORPUS CHRISTI CUSTOMER NAME: City of Corpus Christi PUBLIC SAFETY ANSWERING POINTS INCLUDED: Corpus Christi Police Department and Naval Air Station. TELEPHONE COMPANY EXCHANGES INCLUDED: Butler, Calallen, Cedar Pass, Clarkwood, Corpus Christi, Flour Bluff, Padre, Terminal, Tulip & Wyman. FEATURES REQUIRED: AUTOMATIC NUMBER IDENTIFICATION (ANI): YES AUTOMATIC LOCATION IDENTIFICATION (ALI): YES SELECTIVE ROUTING (SR): YES PSAP ADDRESS: Corpus Christi Police Department 121 North Chaparral Corpus Christi, Texas Naval Air Station Building 198 Corpus Christ, Texas SIGNED BY: TITLE: DATE: 24 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting - April 23, 2002 AGENDA ITEM: A. Motion designating Landry's Restaurants, Inc. as the development team for the City Marina Operations and Development Project. B. Motion authorizing staff to proceed with the development of a Memorandum of Understanding with Landry's Restaurants, Inc. for the City Marina Operations and Development Project. ISSUE: The City has investigated many different opportunities to bring in outside partners to work with some of the City operations that have traditionally been staffed and directed with City staff. A Request for Proposals (RFP) for the City Marina was developed to see what interests might exist from private parties to work with the City with respect to the City Marina Operations and Development. BACKGROUND: The City needs a new vision for the management of the daily operations and future commercial development of the City Marina. The intent of this RFP was to solicit proposals from development teams that would have the experience and financial capabilities to take the City Marina to the next level of development. The RFP's objectives included the planning, financing and development of mixed-use, waterfront commercial retail and/or entertainment center developments at the Marina. Rather than continue to piecemeal the development leases for Marina property it is recommended that the City consider approaching the ultimate development of the Marina in a more comprehensive manner with the goal of establishing a partnership between a development team and the City. At the March 19, 2002 City Council meeting, in order to have a better understanding of what the community thoughts might be concerning this project, the City Council instructed staff to make more presentations on the Marina RFP to a greater variety of community groups. This has been done throughout Corpus Christi. The responses have been as diverse as the groups themselves. The previously mentioned partnership would begin with the City Council's selection of the City's development team. After that has been decided the new partners would develop a Memorandum of Understanding (MOU) between the selected development team and the City. That MOU would serve as the background for the final lease agreement for the project. The City Council would need to ultimately approve both the Page 2 MOU and the final lease agreement at dates to be determined before the development team could begin their work on the project. REQUIRED COUNCIL ACTION: The City Council needs to select a development team related to the City Marina Operations and Development Project. After that, the City Council would need to authorize staff to develop a Memorandum of Understanding with Landry's Restaurants, Inc. for the project. RECOMMENDATION: Staff recommends the approval of the motions as presented. Marco A. Cisneros, Director Park and Recreation Department Notes and Comments