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HomeMy WebLinkAboutAgenda Packet City Council - 02/18/2003CITY COUNCIL AGENDA of corp,. s. Chnst February 18, 2003 1:45 p.m. Proclamation declaring February 16 - 22, 2003 as "National LULAC Week" Swearing-in ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 120'1 LEOPARD FEBRUARY 18, 2003 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Harold Palmer, Corpus Christi Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Acting City ManagerGeorge K. Noe __ Acting City Attorney Jay Reining City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Special Meetings of February 7, 2003 and February 12, 2003. (Attachment # 1) Agenda Regular Council Meeting Febmary 18,2003 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed 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 rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence 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 supply agreements with the following companies for the following amounts, for library books and recordings, based on best value, for multiple progressive awards in accordance with Bid Invitation No. BI-0050-03 for a total estimated annual expenditure of $398,120. The term of the agreements shall be for twelve months with options to extend for up to three additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2002-2003. (Attachment # 2 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 18,2003 Page 3 .ao oa. Baker & Taylor, Inc. Charlotte, NC Primary Supplier Groups 1-3 $323,496 Ingrain Library Services, Inc. La Verqne, TN Secondary Supplier Groups 1 & 2 $74,624 Grand Total: $398,120 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Mitchell's Unlimited of Robstown, Texas, in the amount of $79,776 for the McArdle Road Street Improvements, Phase 3 (Structure Demolition). (Bond Issue 2000) (Attachment # 3) Motion authorizing the Acting City Manager or his designee to execute a consultant contract with RVE, Inc. of Corpus Christi, Texas for a total fee not to exceed $126,570 for the Kennedy Causeway Lift Station. (Attachment # 4) Ordinance appropriating $21,341.07 from Brighton Village Unit 7C, Block 2, Lots 8 and 9 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $21,341.07 to the No. 6010 Drainage Channel 31 Trust Fund. (Attachment # 5) Motion approving payment of $21,341.07 developer's contribution from Brighton Village Unit 7C, Block 2, Lots 8 and 9 from the No. 6010 Trust Fund/Drainage Channel 31 Trust to Mark Bratton, Trustee, for disbursement to the appropriate Drainage Channel 31 Trust Funding Owners, in accordance with the Off.site Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. (Attachment # 5) Ordinance approving the conveyance and disposal of a portion of Southbay Park containing 4,226.7 square feet out of Lot 47, Block 2, Harbor Village Subdivision, to the adjacent landowners, Leroy Steinocher and wife, Priscilla Steinocher, requiring them to replat the property within 180 days at their expense, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property conveyed. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 18, 2003 Page 4 Ordinance approving the conveyance to the adjacent landowners, John Grover Strong and wife, Evangeline C. Strong, a portion of Crestmont Park west of Carroll Lane and Grassmere Drive, containing 5,140.08 square feet, and currently platted as Block 6, Crestmont Subdivision Unit 1, save and except a section of street right-of-way, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property by the grantees. (Attachment # 6) Ordinance appropriating $15,000 in the No. 3530 Street Capital Improvement Program Fund from Performance Bond Proceeds of the Omaha Drive Improvements Project; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $15,000. (Attachment # 7) Ordinance governing City elections in 2003, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. (Attachment # 8) PUBLIC HEARINGS: ZONING CASES: Case No. 1102-05, David W. & Elaine R. Hoffman: A change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. (Tabled from t-14-03) (Attachment # 9) Planning Commission's and Staff's Recommendation: Approval of a "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance upon application by David W. and Elaine R. Hoffman by changing the zoning map in reference to 10 acres out of Lot 31, Section 49, Flour Bluff and Encinal CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febmary 18,2003 Page 5 10. 11. Farm and Garden Tracts, from "R-1B" One-family Dwelling District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0103-01, Marc and Nelda Fuentes: A change of zoning from an '%-1" Apartment House District to a "B-1" Neighborhood Business District on Cabaniss Acres, Block 3, Lot 24 - A, located on the south side of Carolyn Drive, approximately 200 feet west of Ayers Street. Attachment # 10) Planning Commission's and Staff's Recommendation: Approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Marc and Nelda Fuentes by changing the zoning map in reference to Lot 24-A, Block 3, Cabaniss Acres, from "A-l" Apartment House District to "B-I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0103-03, A & W Office Supply, Inc.: A change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District on South Bluff Addition, Block 13, Lot 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street. (Attachment # 11) Planning Commission's and Staff's Recommendation: Approval of a "B-5" Primary Business District. ORDINANCE Amending the Zoning Ordinance upon application by A & W Office Supply, Inc., by changing the zoning map in reference to Lot 13, Block 13, South Bluff Addition, from "A-2" Apartment House District to "B-5" Primary Business District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda RegularCouncilMeeting February 18,2003 Page 6 J. PRESENTATIONS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Resolution naming the covered courts at H.E.B. Tennis Center located at 1520 West Shely the "Mildred and Lloyd Sessions Tennis Pavilion"; waiving the requirements of a sixty-day waiting pedod following submission of Name Change to the Park and Recreation Advisory Committee, publication of legal notice, acceptance of written comments to the Park and Recreation Advisory Committee, and determination of course of action by the Park and Recreation Advisory Committee. (Attachment # 12) 13. Discussion and possible action regarding options for amendments to the City of Corpus Christi City Charter. (Attachment # 13) 14. Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the contract for Construction Manager at-Risk services contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum Price (GMP) of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion/Rehabilitation Project. (Attachment # 14) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl¢s es limitado, habr~ un int¢rprete ingl&s-espaf~ol en la reuni6n de la junta para ayudarle. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 18,2003 Page 7 15. 16. 17. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the fo/lowing matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Government Code Section 551.071 regarding a health insurance claim the City asked Entrust to adjudicate on October 18, 2002, underlying coverage issues, and legal issues associated with the City's health insurance plans, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071,551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febmary 18,2003 Page 8 18. 19. 20. O. constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall. 1201 Leopard Street. at 2:00 p.m.. February 14 . 2003. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 2001-2002 CiTY COUNCIL GOALS AND PRIORiTY ISSUES I ~'~CONTINUING PRIORITY ISSUES Airport / Seawall /Conv,~ntion Center / Arena · Cominue quarterly reporting process for these initiatives. '86 Bo~d ,Issue Improvements Update status on Senior Centers, · Provide communication on completion of these projects (e.g. "Report to the Community"). Continue community involvement on issues such as Leopard Street improvements. Privafl~atlon [ Re-En~,ineerine · Clearly define "privatization" and "re-engineering." · Make decisions regarding privatizatinn 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. Finanee · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,C0n~rol and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Eco,nomi¢ D~vd, opment Sales Tax · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plcms for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods ~ *Employee Classification Study Ma ster Drainage Plan ~ Garvvood 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 ~ **Road Projects ~ Southside Traffic Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. Packery Chan~el · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including prlvatization. lnternet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. CDBG Continue active role. Frost Bapk Bt~ildin~ · Lease and complete renovation Annexation Pla~ * Implement current island annexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. Redistrictin~ Develop Council-approved redistricting plan for the City of Corpus Christi Indu~tr/al District C0ntraet · Review Industrial District contracts and determine date for approval Co~]ncil Action Items, Staff completes action requests in a timely manner. Cit~ / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and C0[umbus Ships Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting February 7, 2003 - 9:00 a.m. PRESENT Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members Javier Colmenero Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff City Manager David R. Garcia Deputy City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Neal stated that City Council was going into executive session pursuant to Texas Government Code Sections 551.071 and 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council retumed from executive session. The following motions were made: Mayor Neal made the following motion, seconded by Council Member Garrett and passed: C. 1. M2003-042 Motion pursuant to Section 3 (B) of the Employment Conditions and Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998, I move that the City Council suggest to City Manager David R. Garcia, that he resign. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". Mr. Garcia read the following signed statement. "In response to the suggestion of the City Council made by motion on this date, I hereby resign my position as City Manager of the City of Corpus, Texas, effective immediately. Pursuant to Section 3(B) of the Employment Conditions and Minutes - Special Council Meeting February 7, 2003 - Page 2 Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998, I hereby opt to be deemed terminated as of the date of this resignation for all purposes of Section 3 of said Employment Conditions and Salary." Mayor Neal made the following motion, seconded by Council Member Garrett and passed: C.2. M2003-043 Motion that the City Council accept the Resignation of City Manager David R. Garcia tendered this date, and acknowledge that David R. Garcia will be entitled to the Severance Pay pursuant to Section 3 of the Employment Conditions and Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". Mayor Neal then read a prepared statement stating the reasons for the action taken. (Statement attached). Mayor Neal then made the following motion, seconded by Council Member Kelly and passed: C.3. M2003~044 Motion that the City Council appoint George K. Noe as Acting City Manager of the City of Corpus Christi, Texas, at a periodic rate equivalent to an annual salary of $135,000 and a annual car allowance of $7,200. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garret/, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 10:35 a.m. on February 7, 2003. STATEMENT OF MAYOR LOYD NEAL While individual Council members may have additional reasons, I believe there is consensus on the Council that the following reasons necessitate our action today. First, the City Manager has too often failed to provide us with information we need to do our job as the elected representatives of the people of Corpus Christi. The latest incident with the Landry's negotiation is illustrative. No project is of more vital interest to the citizens and the Council. With the concerns about communication previously expressed by the Council, it should have been a very high priority for the City Manager to assure that Council members had information on key Landry's issues. His failure to do so indicates a fundamental and continuing lack of attention to Council needs. Second, the City Manager has engaged in a personal relationship with a subordinate. That relationship reflects bad judgment. Such relationships are detrimental to the City because they can create the perception of special treatment and can lead to employment claims against the City. Third, the high level of trust required for an effective relationship between the Council and Manager has been seriously impaired by the City Manager's failure to heed Council member's concerns about communication and by the personal relationship. The ultimate purpose of both the Council and the Manager to provide the citizens with the most effective government possible cannot be accomplished in this environment. Fourth, trust by the public is undermined by these issues. This Council has worked very hard to raise that public trust through improved financial policies and other actions, and the public has responded with support for important public initiatives such as streets, parks, sea,vail, arena, and Packery Channel. It is vital that this level of public trust continue and grow Fifth, because of the deterioration of the critical relationship between the Council and Manager, it can no longer be said that David Garcia is the best choice to manage the City at this time. David himself has become an issue for many citizens, creating a negative for Council/Manager government The Council simply believes that another Manager can be found who will work more effectively with the Council to carry out carry out the important projects that lie ahead. I do not want to be understood as diminishing David's accomplishments in the last five years. He has contributed significantly to the exceptional progress we have made together. We simply believe that a new manager can lead us more successfully from this point. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting Padre Isles Country Club 14353 Commodores February 13, 2003 PRESENT Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members Javier Colmenero Brent Chesney Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff Acting City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa After some brief introductory comments by State Representative Gene Seaman and Texas General Land Office Commissioner Jerry Patterson regarding a project cooperation agreement for construction for Packery Channel Dredging, Mayor Loyd Neal called to order the meeting of the City Council at 12:30 p.m. City Secretary Chapa stated that the meeting had been duly posed and that there was a quorum of the City Council and the necessary charter officers were present to conduct the meeting. Mayor Neal stated that the Council was present to approve and authorize the Mayor to execute a project cooperation agreement for final design, bidding, and construction funding for Packery Channel Dredging for Beach Nourishment with the General Land Office. Mayor Neal called for the vote on the following ordinance and is passed: C. Ordinance No. 025199 Ordinance approving and authorizing the Mayor to execute a Project Cooperation Agreement for Final Design, Bidding, and Construction Funding for Packery Channel Dredging for Beach Nourishment with the General Land Office. The foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola and Scott voting "Aye"; Garrett and Kelly "Abstaining". The council meeting was adjourned at 12:45 p.m. A signing agreement ceremony followed with Land Commissioner Patterson and Senator Juan Hinojosa making comments regarding Padre Island and the Packery Channel project. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts, for library books and recordings, based on best value, for multiple progressive awards in accordance with Bid Invitation No. BI-0050-03 for a total estimated am~ual expenditure of $398,120. The term of the agreements shall be for twelve months with options to extend for up to three additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 02-03. Baker & Taylor, Inc. Charlotte, NC Primary Supplier Groups 1-3 $323,496 Ingram Library Services, Inc. La Vergne, TN Secondary Supplier Groups 1 & 2 $74,624 Grand Total: $398,120 Purpose: Previous Contract: The books and recordings are ordered by the Corpus Christi Public Libraries and the local branch of the South Texas Library System. The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitation Issued: Eight Bids Received: Six Award Basis: Best Value - Multiple progressive awards Bids were evaluated according to the criteria listed in the bid invitation, which included references, price, online catalogs and contract administration. Baker and Taylor Inc. received the highest score for all three groups and Ingram Library Services Inc. received the second highest score. Contracts will be established on a multiple progressive basis to provide for a primary and secondary supplier for Groups I and II. The bidder who received the highest score per group is designated as primary supplier. If the primary supplier does not have a particular book or recording in stock, the City will contact the secondary supplier. This process is milized to insure the City has a readily available source of library books and recordings. Funding: Procurement and Genen The estimated value of each of the awards is based on an 80/20 split of the total award for Groups I and II. Group III, standing orders, is awarded to Baker & Taylor as the sole supplier. Pricing will be established as a percentage of discount from the publishers' list price. Bidders were requested to submit a percentage discount based on the estimated annual expenditure for each group listed. Organization Name Corpus Christi Public Library (CCPL) 520060-1020-12800 Budgeted $206,000 South Texas Library Systems (STLS) 520060-1050-00000-807203 $192,120 Grand Total: $ 398,120 lervices Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA 2/18/2003 BID TABULATION BID INVITATION NO. BI-0050-03 LIBRARY BOOKS & RECORDINGS 2. 3. 4. 5. 6. 7 I BOOKS Estimated Annual Expenditure: $334,100.00 Trade hard back books Short discount (Technical/specialized) Publishers library binding Single edition (i.e. reinforced or school ed.) Trade paperbacks Mass paperbacks Net price (no discount from publisher) II. AUDIO-VISUAL MATERIALS Estimated Annual Expenditure: $39,020.00 1. Video cassettes (VHS) 2. DVD's 3. Audio books a) on cassette, abridged b) on cassette, unabridged c) children's "read alongs" 4. Audio books a) on CD, abridged b) on CD, unabridged c) children's "read alongs" 5. Music CD'S Ingram Library Baker & Taylor Services, Inc. Brodart Co. Charlotte, NC La Vergne, TN Williamsport, PA Yo discount % discount % discount 45.0% 44.5% 46,0°/ 12.0% 6.0% 13.1°/ 23.1% 20.1% 22,1o/ 42.0% 44.5% 41.0°/ 43.0% 38.5% 40.2°/ 43.0% 30.5% 40.2°/ 0.0% 0.0% Ne ~;267,280.00 $66,820.00 31,0% 25.0% no bid 26.0% 25.0% .... 45.0% 45.0% .... 45.0% 6.0% .... 045% .... 45.0% 45.0% .... 45.0% 6.0% .... 0~15% .... 26.0% 0.0% .... $3~1 ~2t 6.00 $7,804,00 25,000.00 ~25,000.00 Award: Award: IlL STANDING ORDERS Estimated Annual Expenditure: $25,000.00 Award: Award Total: $323,496.00 $74,624.00 Grand Total: $398.120.0{) Notes: 1. The bids received from Scholastic Library Publishing, Danbury, CA; Book Wholesalers, Inc., Lexington, KY and Perma- Bound, Jacksonville, IL were deemed as non-responsive due to limited amount of publishers, books and audio-visual material. 2. Pricing will be established as a percentage of discount from the publishers' list price. Bidders were requested to submit a percentage discount based on the estimated annual expenditure for each group listed. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA 2/18/2003 BID INVITATION NO. BI -0050-03 LIBRARY BOOKS AND RECORDINGS SCORING MATRIX COMPETITIVE SEALED BID - BEST VALUE AWARD (PRIMARY) (SECONDARY) BAKER & TAYLOR INGRAM LIBRARY SERVICES, INC. BRODART CO. DESCRIPTION CHARLOTTE, NC LA VERGNE IN WILLIAMSPORT PA Maximum Pointe Points Points __. EVALUATION CRITERIA Points Awarded Awazded Awarded References Io Points 10 10 10 5 Pricing 30 Points 30 points 28 27.5 30 Web -base Online 30 points 28 30 25 10 Ability to Manage Contract 30 points 28 28 25 Total Points for Group I 96 90.5 70 GROUP II AUDIO-VISUAL References Pricing. Web -base Online Ability to Manage Contract Total Points for Group Il GROUP III STANDING ORDERS References Pricing On -Line Database Ability to Manage Contract 10 points 10 10 n/b 30 points 30 25 18 30 points 30 25 0 30 points 26 28 40 96 88 20 points 20 15 15 20 points 19 20 18 20 points 20 15 0 40 points 40 40 40 Total Points for Group IH 99 90 73 Note: Bids were evaluated according to the criteria listed in the bid invitation, which included references, pricing, online database cataloging and ability to manage the contract. Baker & Taylor received the highest score as primary vendor for all three groups and Ingram Library Services, Inc. received the second highest score as secondary vendor for Groups I and II. No secondary supplier is required for Group III. CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Agenda item: Motion approving supply agreements with the following companies for the following amounts, for library books and recordings, based on best value, for multiple progressive awards in accordance with Bid Invitatiou No. BI-0050-03 for a total estimated aanual expenditure of $398,120. The tem~ of the agreements shall be for twelve months with options to extend for up to three additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2002-2003. A~notlnt Required: $ 398,120.00 Fund Name Fund No. Org. No. Account No. Project No. Amount Corpus Christi Public Library 1020 12800 520060 - $206,000 South Texas Library Systems 1050 00000 520060 807203 $192,120 Total $398,120 Not required Direct~a~ Date: 3 AGENDA MEMORANDUM DATE: February 12, 2003 SUBJECT: McArdle Road Street Improvements, Phase 3 (Structures Demolition) (Project No. 6235) AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to award a construction contract in the amount of $79,776 with Mitchell's Unlimited for the McArdle Road Street Improvements, Phase 3 (Structures Demolition). ISSUE: In order to complete street improvements along McArdle Road, Phase 3, from Everhart Road to Holmes, demolition of structures is required before street and utility construction begins. FUNDING: Funding is available in the FY 2002-2003 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. D~Angel R. Escobar, P.E.,' / Director of Engineering Services Additional Support Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Background Information Project Budget Bid Tabulation Location Map Prior Actions h/USERS2\HOME\VELMAR/GEN/STREET16146 McARDLE/STRUCTURES DEMO~GENDA MEMO BACKGROUNDINFORMATION SUBJECT: McArdle Road Street Improvements, Phase 3, from Everhart to Holmes (Structures Demolition) (Project No. 6235) BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. McArdle Road Street Improvements, Phase 3, from Everhart Road to Holmes is part of the Bond Issue 2000 package. The project consists of acquisition of approximately 16 developed properties on the south side to facilitate the improvements. This street improvement project involves the removal of all existing curbs and gutters, driveways, sidewalks and the construction of a new 62- foot wide street to accommodate two (2) moving lanes, in each direction, and a center left turn lane. The project also includes the installation of an additional storm drainage line, street lighting and other appurtenances. Replacement of an existing water line and adjustment of sanitary sewer manholes are also in the project scope. PROJECT DESCRIPTION: The proposed project consists of the clearing/cleaning of sixteen (16) total lots and the demolition of structures on six (6) of the lots, all in accordance with the plans, specifications, and contract documents. Houses on the remaining ten (10) lots will be auctioned off under separate contract. BID INFORMATION: The City received Bid Proposals from seven (7) bidders on Wednesday, February 5, 2003. See Exhibit "C" Bid Tabulation. The Engineer's estimated construction cost for the Base Bid is $75,000. The bids range from $79,776 to $125,000. A & R Demolition of Del Valle, Texas submitted an insufficient bid bond and is therefore, considered a non-responsive bid. The lowest bidder is Mitchell's Unlimited in the amount of $79,776. City staff recommends award of the Base Bid in the amount of $79,776 to Mitchell's Unlimited. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days with completion anticipated by mid-May 2003. FUNDING: Funds to finance the proposed project are available in the FY 2002-2003 Capital Improvement Budget. EXHIBIT "A" Page 1 of 1 H/USERS2\HOMEIVELMAR\GEN/STREEI~6146 MCARDLE/STRUCTURES DEMO~AGENDA BACKGROUND PROJECT BUDGET McARDLE ROAD STREET IMPROVEMENTS, PHASE 3 STRUCTURES DEMOLITION Project No. 6235 February 12, 2003 FUNDS AVAILABLE: Street Capital Fund ................................................................................. Storm Water Capital Fund ........................................................................ Water Capital Fund ................................................................................. Wastewater Capital Fund ........................................................................ Total ...................................................................................................... $50,201.80 13,691.40 22,819.00 4,563.80 $91,276.00 FUNDS REQUIRED: Construction (Mitchell's Unlimited) .............................................................. Contingencies (10%) ............................................................................... Major Projects Activity ............................................................................ Printing, Advertising, etc ........................................................................... Total ................................................................................................... $79,776.00 8,000.00 2,500.00 1,000.00 $91,276.00 H:\USERS2\HOME/VELMAR/GEN~STREET~6146 McARDLE~STRUCTURES DEMO/PROJECT BUDGET EXHIBIT "B" ] Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, February 5, 2003 ENGINEER'S ESTIMATE: $75,000.00 TIME OF COMPLETION: 45 Calen. Days Page 1 of 2 Mitchell's Unlimited Economy Services, Inc. J. R. Ramon & Sons, Inc. Certified/LVI Env Svcs, Inc. McArdle Road Street Improvemens, Phase 3 (Structures Demolition) 5375 Prairie Ridge 1018 Hibiscus P.O. Boa 23015 7823 Mainland (Project No. 6235) Robstown, TX 78360 Corpus Christi, TX 78405 Corpus Christi, TX 78403 San Antonio, TX 78250 ITEM DESCRIPTION QTY. UNIT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid, for cleaning/clearing sixteen (16) lots and demolishing structures on six (6) lots (4902 Willowbrook, 4902 Waltham, 4902 Lansdown, 4901 Andover, 4902 Andover and 4901 Holmes), A-1 complete in place per LUMP SUM. 1 L.S. $33,236.00 $33,236.00 $47,360.00 $47,360.00 $42.970.00 $42,970.00 $61,931.00 $61,931.00 Allowance for Landfill Disposal fees (do not include Asbestos Related Materials). Contractor required to submR all charge vouchers to City for full payment of all documented disposal fees, [See Special Provisions Paragraph A-16, the amount shown Is intended as a guide and is used for bidding purposes only] complete in place per LUMP SUM. DO NOT CHANGE AMOUNT SHOWN AT A-2 RIGHT. 1 L . $5,00000 $5,000.00 $5,000.00 $5,000.00 $5,00000 $5,000.00 $5000.00 $5,000.00 Asbestos Related Services, including disposal of Asbestos Related Materials, as per Addendum No. 1 Asbestos SurveylReports, and as required for [4] houses (4901 Holmes, 4902 Andover, 4901 Andover & 4902 Willowbrook), complete in place per LUMP A-3 SUM. 1 L . $29,540.00 $29,540.00 $20900.00 $20,900.00 $36,280.00 $38,28000 $32.568.00 $32,568.00 Allowance or Asbestos Rel.too services, including disposal of Asbestos Related Materials, as required for [2] houses (4902 Waltham & 4902 Lansdown). No work authorized until Asbestos Survey/Report Is issued by the City and scope of work is determined and all costs have been negotiated and approved by the City, for these services; complete and in place per LUMP SUM. DO A-4 NOT CHANGE AMOUNT SHOWN AT RIGHT. 1 1 L.S. 1 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12000.00 $12,000.00 $12000.00 $12,000.00 Total Base Bid (Items A-1 +A-2 t A3 t A4) $79,77600 $85,260.00 $98,250.00 $111,499.00 TABULATION OF BIDS DEPARTMENT OF ENGINEERING . CIN OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, February 5, 2003 ENGINEER'S ESTIMATE: $75,000.00 TIME OF COMPLETION: 45 Callen. Days Page 2 of 2 Non -Responsive - Insufficient Bid Bond N C7 Fox Tree & Landscape Coastal Resources, LTD 'A & R Demolition, Inc. McArdle Road Street Improvemens, Phase 3 (Structures Demolition) 5949 La Costa Drive P.O. Drawer E 13201 FM 812 (Project No. 6235) Corpus Christi, TX 78414 Corpus Christi, TX 78469 Del Valle, TX 78617 ITEM DESCRIPTION ON. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid for cleaning/clearing sixteen (16) lots and demolishing structures on six (6) lots (4902 Willowbrook, 4902 Waltham, 4902 Lansdown, 4901 Andover, 4902 Andover and 4901 Holmes), A-1 complete in place per LUMP SUM. 1 L.S. $75,000.00 $75,000.00 $90,000,00 $90,000.00 $52,800.00 $52,800.00 Allowance for Landfill Disposal fees (do not Include Asbestos Related Materials). Contractor required to submit all charge vouchers to City for full payment of all documented disposal fees, [See Special Provisions Paragraph AA6, the amount shown is intended as a guide and is used for bidding purposes only] complete in place per Lyle allM DO NOT CHANGE AMOUNT SHOWN AT A-2 IRIGHT. 1 LS. $5,00000 $5,00000 $5,000.00 $5,000,00 $5,00000 $5,000.00 Asbestos Related Services, including disposal of Asbestos Related Materials, as per Addendum No. 1 Asbestos Survey/Reports, and as required for [4] houses (4901 Holmes, 4902 Andover, 4901 Andover & 4902 Willowbrook), complete in place per LUMP A-3 SUM. 1 L . $20,00000 $20,000.00 $18,000.00 $18,000.00 $25,20000 $25,200.00 Allowance or Asbestos Relate ervlces, including disposal of Asbestos Related Materials, as required for [2] houses (4902 Waltham & 4902 Lansdown). No work authorized until Asbestos Survey/Report is issued by the City and scope of work is determined and all costs have been negotiated and approved by the City, for these services; complete and in place per LUMP SUM. DO A4 NOT CHANGE AMOUNT SHOWN AT RIGHT. 1 L.S. $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,00000 $12,000.00 Total Base Bid (Items A-1 +A-2+ A3 * A4) $112,000.00 1 1 $125,000.00 1 1 - $95,000.00 Non -Responsive - Insufficient Bid Bond N C7 File : \Mproject~ ~councilexh~exh62.~5.dwg Oso Creek LOCATION ~AP NOT TO ZCALE PROJECT ~ 6235 EXHiBiT "O" CZ~ COUNCIL EXHiBiT MC~DLE RO~ STREET ~MPROVEMENTS, ~ o~ ~ s~v/c~ PHASE 3 (S~uctu~es Demolition) PAGE: I of 1 CI~ OF CORPU5 CHRISTI, TEXA~ DATE: 02-11-2003 PRIOR ACTIONS SUBJECT: McArdle Road Street Improvements, Phase 3, from Everhart to Holmes (Structures Demolition) (Project No. 6235) PRIOR COUNCIL ACTION: 1. November 14, 2000- Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of the The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Ordinance No. 024269) March 27, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $229,195 with Govind and Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive. (Motion No. M2001-124) February 26, 2002 - Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates, Inc. (Motion No. M2002-059) August 20, 2002 - Motion authorizing the City Manager or his designee to execute Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi Garcia for Parcel 4, Mary Pe~a for Parcel 5, Benjamin De La Rosa and wife, Eunice De La Rosa for Parcel 6, Anita Carrel Frees-Foster for Parcel 7, Becky Fair for Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan Ledesma and wife, Dahlia Ledesma for Parcel 15, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2002-268) August 27, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 10, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-271) H:\USERS2/HOME/VELMAR\GEN/STRE E~6146 MCARDLE/STRUCTURES DEMO/PRIOR ACTIONS IEXHIBIT "E" ] Page 1 of 4 PRIOR COUNCIL ACTION: (continued) 6. September 17, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000 plus $1,500 in closing costs and an additional amount notto exceed $5,250 for relocation assistance for Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-212 & 2002- 213) September 24, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in the amount of $ 62,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 9 and with Eric Barnes and wife, Maria Barnes in the amount of $67,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for tenant relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-324) November 12, 2002 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vernon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-373) November 19, 2002 - Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine the feasibility of dedicating a .2428 acre strip of land from parkland known as Mount Vernon Park, necessary for a Right-of-Way Easement in connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6. 10. November 19, 2002 - Ordinance authorizing a Right-of Way Easement to the public for dedication of right-of-way through parkland known as Mount Vernon Park necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and declaring an emergency. (Ordinance No. 025113) EXHIBIT "E" Page 2 of 4 H:/USERS2\HOME\VELMARIGEN/STREET~6145 MCARDLE/STRUCTURES DEMO\PRIOR ACTIONS PRIOR COUNCIL ACTION: (continued) 11. November 19, 2002 - Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine the feasibility of dedicating a .0337 acre strip of land from parkland known as Lions Park, necessary for a Right-of-Way Easement in connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6. 12. November 19, 2002 - Ordinance authorizing a Right-of-Way Easement to the public for dedication of right-of-way through parkland known as Lions Park necessary for the McArdle Road Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and declaring an emergency. (Ordinance No. 025114) 13. December 17, 2002 - Ordinance approving FY 2002-03 Capital Improvement Program (Ordinance No.025144). 14. January 14, 2003 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Justus, in the amount of $53,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for the relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling all for the purchase of fee simple property rights for Parcel 8, being all of Lot 13, Block 4, Mount Vernon Subdivision, with a street address of 4902 Waltham, necessary for the McArdle Road Street Improvement Project, Phase 3, Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2003-015) 15. January 14, 2003 - Resolution authorizing condemnation proceedings by the City to condemn fee simple title to Parcel 12, being all Lot 1, Block 6, Mount Vernon Subdivision Unit 2, from the owners, Gilbert Arispe, and wife, Frances Arispe and recognizing the public necessity of acquiring the property for the construction of street and utility improvements in connection with the McArdle Road Street Improvement Project, Phase 3, Bond Issue 2000, Project C-6, and for other municipal purposes. (Resolution No. 025155) 16. February 11, 2003 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gilbert Arispe and wife, Frances Arispe in the amount of $57,800 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street address of 4902 Lansdown, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2003-pending) H XUSERS2\HOME/VELMAR\GEN/STREET~6146 MCARDLE/STRUCTURES DEMO\PRIOR ACTIONS I EXHIBIT "E" Page 3 of 4 PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. November 10, 2000- Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. EXHIBIT "E" Page 4 of 4 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February 18, 2003 Agenda Item: (Caption as it should appear on the agenda) Motion authorizing the Acting City Manager, or his designee, to award a construction contract in the amount of $79,776 with Mitchell's Unlimited for the McArdle Road Street Improvements, Phase 3 (Structures Demolition). Amount Required: $79~776 Fund Name Fund Org. Account Project Amount No. No, No. No. Street Capital Fund 3540 00000 550910 200380 $43,876.80 Storm Water Capital Fund 3487 00000 550910 200380 $11,966.40 Water Capital Fund 4084 00000 550910 200380 $19,944.00 Wastewater Capital Fund 4244 00000 550910 200380 $3,988.80 Total ' ~ Certification Not Required Direct~ o:f Financial Services Date: H/USERS21HOMEIVE LMAR\G EN\STREET~6146 MCARDLEISTRUCTURES DEMO/C ERTIFICATION OF FUNDS 4 AGENDA MEMORANDUM DATE: February 11, 2003 SUBJECT: Kennedy Causeway Lift Station (Project No. 7237) AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with RVE, Inc. for a total fee not to exceed $126,570 for the Kennedy Causeway Lift Station. ISSUE: Growth in the area has increased demand for sewer service far exceeding the minimal system initially installed. The proposed project will replace the existing lift station with new pumps, controls, and force main. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Wastewater Department ~ Director'of Engineeri'ng'Services Additional Support Material: Exhibit"A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H/USERS2\HOME\VELMAR/GEN\RFQ 2002-01\CONSULTANT AGENDA\723~'~GENDA MEMO BACKGROUNDINFORMATION SUBJECT: Kennedy Causeway Lift Station (Project No. 7237) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: Growth in the area has increased demand for sewer service far exceeding the minimal system initially installed. This project will replace the existing lift station with new pumps, controls, and force main, as required, to comply with state and federal regulatory requirements. PROJECT DESCRIPTION: The proposed project consists of design, bid, and construction phase services to improve the Kennedy Causeway Lift Station. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:/USERS2\HOME/VBLMAR\GEN/RFQ 2002-01\CONSULTANT ^GENDA\7237~AGENDA BACKGROUND EXHIBIT "A" 1 Page '1 of 1 CONTRACT SUMMARY Kennedy Causeway Lift Station (Project No. 7237) 1. SCOPE OFPROJECT Growth in the area has increased demand for sewer service far exceeding the minimal system initially installed. This project will replace the existing lift station with new pumps, controls, and force main, as required, to comply with state and federal regulatory requirements. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY DATE ACTIVITY Monday February 17, 2003 Begin Preliminary Phase (DM) Friday March 28, 2003 Receive City DM Approval Monday March 31,2003 Begin Design Phase Monday May 5, 2003 60% Submittal Friday May 16, 2003 Receive City Comments Tuesday May 27, 2003 Final Submittal Friday May 30, 2003 Receive City Approval Monday June 2, 2003 Advertise for Bids Monday June 9, 2003 Advertise For Bids Wednesday June 11,2003 Pre-Bid Conference Wednesday July 2, 2003 Receive Bids Thursday July 3, 2003 Recommend Award Tuesday July 15, 2003 Award Construction Contract Monday August 11,2003 Begin Construction Friday November 14, 2003 Construction Complete EXHIBIT "B" Page I of 2 H:\USERS2\HOMEWELMAR/GEN/RFQ 2002-01\CONSULTANT AGENDA/7237\CONTRACT SUMMARY 4. FEES Fee for Basic Services 1. Preliminary Phase $11,720 2. Design Phase 24,630 3. Bid Phase 2,160 4. Construction Phase 7,860 Subtotal Basic Services Fees 46,370 Fee for Additional Services lA. Permitting TXDOT USACE 17,300 GLO Application Total Permitting 2. ROW/Easement Acquisition Survey 9,170 3. Topographic/Hydrographic Survey (Authorized) 7,030 4. Environmental Issues 11,560 5. Construction Observation Services 27,140 6. Start-up Services 1,760 7. Warranty Phase 960 8. SCADA Documentation 2,080 9. Service Area Study (Authorized) 3,200 Sub-Total Additional Services Fees Authorized 80,200 Total Authorized Fee $126,570 EXHIBIT "B" Page 2 of 2 H:/USERS2\HOME~VELMAR/GEN\RFQ 2002-01/CONSULTANT AGENDAI7237/CONTRACT SUMMARY \Mproject\councflexhibi~s~exh7237 dwg NUECES BAY N CORPUS CHRIS~ BAY LAGUNA MADRE KENNEDY CAUSEWAY LIFT STATION GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7237 EXHIBIT "C" KENNEDY CAUSEWAY LIFT STATION C/f)' OF CORPUS CHRISTI, fEXAS CITY COUNC%L EXH%BIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE:02/03~200,3 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February 18, 2003 Agenda Item: (Caption as it should appear on the agenda) Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with RVE, Inc. for a total fee not to exceed $126,570 for the Kennedy Causeway Lift Station. Amount Required: $126,570 Fund Name Fund No. Org. Account Project Amount No. No. No. Wastewater Capital Fund 4244 00000 550950 150510 ~ 126,570 Total ¢ ,126,570. 126,57( Certification Not Required Direct~f'6f Financial Services Date: ~__..~... ! ~"~ . _f') ~ 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: AGENDA ITEM: (Caption as it should appear on the agenda) a February 18, 2003 Ordinance appropriating $21,341.07 from Brighton Village Unit 7C, Block 2, Lot 8 & 9 developer's contribution to Drainage Channel No. 31 Trust in the No. 6010 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 21,341.07 to the No. 6010 Trust Fund/Drainage Channel 31 Trust; and declaring an emergency. Motion approving payment of $ 21,341.07 developer's contribution from Brighton Village Unit 7C, Block 2, Lot 8 & 9 from the No. 6010 Trust Fund/Drainage Channel 31 Trust to Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. ISSUE: Improvements to the Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton and the City of Corpus Chdsti. The agreement requires the City to collect payments from other developers that use the Channel and reimburse Mr. Bratton (trustee) for his initial expenditures REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 6010 Trust Fund/Drainage Channel No. 31 Trust. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance Art Sosa Interim Director of Development Services ~ngel R. Escobar, P.E. Director of Engineering Services Attachments: Exhabit A. BackQround Information Exhabit B Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION E~_o~ution of the Master Plan Drainage Channel 31_Trust Fund: In 1985, several land owners (padicipating owners), including the Corpus Christi Independent School District (CCISD), began investigating the basic infrastructure needs necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Kaffie Middle School site. The water grid mains and wastewater trunk systems for this area were in the process of being installed as part of King's Crossing development. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve a large area. A similar system for drainage was not in place, and unless there was a large development to absorb the drainage costs, development was hindered, as it is today, in areas without a drainage ouffall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31 which included acquisition of right-of-way, excavation of the channel to Master Plan width, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of the tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Charles Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 ,~rJor Cour~cil Actions Associated with Master Plan Drainage Channel 31. Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pm rata fee plus interest to Trustee on December 31, 1985. (M85-0597) Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M97-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #022913). Impact F~ee Collection Trigger Points: Impact fees are collected at one of the following three trigger points, whichever occurs first, within all or any portion of a tract situated within Area 31: recordation of a subdivision plat; issuance of a building permit; or connection to the City's utility systems. _Disbursement of Impact Fees to the Trustee: The Of[site Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Terminat on of Offsite Drainage Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lesser of 20 years or full development of the service area. The 20 year mark will be December 31, 2005. Page 2 of 2 File : \Mproj'ect\councilexhibi[s~ walterJ.dwg VICINITY ~tAP NOT TO SCALE EXHT_BT_ T "B" C~_TY COUNCr_L EXH.~B.~T ,~ BRIONTON VILLAOE UNIT 7¢ OE~ART~E~T OE ENDI~£ERIND S~VICES PA~E: I o~ 1 CITY OF CORPUS CHRISTI, TEXAS DATE: 02-07-200Z, ~ Wednesday, February 05, 2003 TRACT 40- Brighton Village Unit 7C, Block 2, Lots 8 & 9 Subject property being 7.731 Acres out of a portion of lot 25 and 26; Section 11; F.B. & E.F. & G.T., recorded in V. "A", Pages 41-43, M.R.N.C.T. # OF ACRES # OF ACRES IN COSTS PRINCIPAL WITHIN TRACT ALLOCATED TRACT BEING TO TRACT DEVELOPED q_ 84.77 X $130, 910.85 = $11,939.06 7.731 PRINCIPAL CITY'S LAST # OF MONTItS 12 INTEREST G.O. BOND SINCE INTREST RATE X $ 11,939.06 0.0500 189 .-__ = $ 9,402.01 X PRINCIPAl, INTEREST IMPAC] FEE FOR ACRES BEING DEVELOPED $11,939.06 't- $ 9,402.01 = $ 21,341.07 ORDINANCE APPROPRIATING $21,341.07 FROM BRIGHTON VILLAGE UNIT 7C, BLOCK 2, LOTS 8 & 9 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AMENDING ORDINANCE NO. 024130 WHICH APPROPRIATED THE TRUST FUNDS BY ADDING $21,341.07 TO THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $21,341.07 is appropriated from Brighton Village Unit 7C, Block 2, Lots 8 & 9 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Chmmel 31 Trust Fund. SECTION 2. That Ordinance No. 024130 which appropriated the Trust Funds, is amended by adding $21,341.07 to the No. 6010 Drainage Channel 31 Trust Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs m~d (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 ~neasure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 10, 2003 Lisa Aguilar (~) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Chdsti, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February 18, 2003 Agenda Item: (Caption as it should appear on the agenda) a. Ordinance appropriating $21,341.07 from Bdghton Village Unit 7C, Block 2, Lot 8 & 9 developer's contribution to Drainage Channel No. 31 Trust in the No. 6010 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 21,341.07 to the No. 6010 Trust Fund/Drainage Channel 31 Trust; and declaring an emergency. Amount Required: 21,341.07 Fund Name Fund Org. Account Project Amount No. No. No. No. Trust Fund 6010 21605 _~2_6__30 ~ 1 000000 ~21,341.07 Total Certification Not Required Direct r o~f Finan~cial Services Date: ~, ]~, 09 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) l, the Director of Finance of the City of Corpus Chdsti, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February '18, 2003 Agenda Item: (Caption as it should appear on the agenda) b. Motion approving payment of $ 21,341.07 developer's contribution from Brighton Village Unit 7C, Block 2, Lot 8 & 9 from the No. 6010 Trust Fund/Drainage Channel 31 Trust to Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. Amount Required: $ 21,341.07 Fund NO. 6010 Fund Name Trust Fund Total Org. No. 21605 Account No. 263031 Pr~ect NO. Amount ~21,341.07 Certification Not Required Directo~"(~f Financial Services Date: _~.~.. 6 AGENDA MEMORANDUM February 18, 2003 SUBJECT: Disposal of Park lands Portions of South Bay Park and Cresmont Park AGENDA ITEM: A. Ordinance approving the conveyance of a portion of South Bay Park containing 4,226.7 square feet out of Lot 47, Block 2, Harbor Village Subdivision, to the adjacent landowners, Leroy Steinocher and wife Pricilla Steinocher, requiring them to replat the property within 180 days at their expense, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property by the grantees, and declaring an emergency. B. Ordinance approving the conveyance to the adjacent landowners, Grover J. Strong and wife Evangeline C. Strong, a portion of Cresmont Park west of Carroll Lane and Grassmere Drive, containing 5,140.08 square feet and currently platted as Block 6, Cresmont Subdivision Unit 1, save and except a section of street right-of-way and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property by the grantees, and declaring an emergency. ISSUE: On November 7,2000, Proposition 7 was passed by the voters authorizing the sale of certain City park lands. On August 21, 2001, a Public Hearing was held and a Resolution was passed allowing the sale or disposal of eight park land propedies. To date, three of the properties have been sold and disposed of. Two of the remaining parklands, South Bay Park and Cresmont Park, consist of portions of a park and are not suitable to build on. City staff proposes that they be conveyed to the adjacent landowners at no cost. Approval of this ordinance would eliminate the City's responsibility of maintenance and mowing and would place this land on the tax rolls producing tax revenue. An ordinance is required in order to authorize the conveyance of these lands and allow the Acting City Manager or his designee to execute Special Warranty Deeds to the landowners. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinance~,e~_ FZ~,ngel R Escobar, P E r~irector'of Engineeri'ng'Services Attachments: Exhibit A. Background Exhibit B. Cresmont Park map Exhibit C. South Bay Park map H:\HOME\EUSEBIOG\GEN~Agenda Items\Southbay and Cresmont Parks~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Disposal of Parklands Portions of South Bay Park and Cresmont Park PRIOR COUNCIL ACTION: August 29, 2000 - Ordinance amending the election ordinance adopted on August 29, 2000 (ordering Special Election on November 7, 2000) to add a ballot proposition for sale of certain parkland; and declaring an emergency. (Ordinance No. 024193) August 21, 2001 - Resolution finding upon public hearing, that certain parcels of real property owned by the city and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's remaining park lands as a result of the sale or disposal of the specified parcels. (Resolution 024548) September 18, 2001 - Ordinance authorizing the City Manager, or his designee, to execute a Special Warranty Deed necessary for the sale of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to Section 272.001 (j) of the Local Government Code in consideration of the property being used for public education purposes and the sum of $17,722 with covenant to maintain the premises and retain the necessary utility easements. (Ordinance No. 024591) February 26, 2002 - Ordinance approving the sale of a former City park known as Meldo Park with platted description of Lot 4, Block 3, Meldo Park Subdivision, located on Brawner Parkway, west of Santa Fe for $100,000 received by sealed bid and authorizing the City Manager or his designee to execute a Special Warranty Deed for the sale and conveyance of the subject property and declaring an emergency. (Ordinance No. 024782) December 17, 2002 - Ordinance approving the sale of a former City park known as Tuloso Park with platted description of Lot 38R, Block 1, Tuloso Estates Subdivision, located on Timberline Drive for $30,500 received from Flint Hill Resources, LP by sealed bid and authorizing the City Manager or his designee to execute a Special Warranty Deed for the sale and conveyance of the subject property and declaring an emergency. (Ordinance No. 025138) FUTURE COUNCIL ACTION: Approval of ordinances for the sale or disposal of the three remaining properties located at Martin Luther King Drive, Highland Avenue, and Ayers Street. Exhibit A ] 1 of 2 BACKGROUND: The City's Park and Recreation Department initiated an effort to sell off several unused and undeveloped parks in order to reduce their maintenance costs. The proposed sale of these parks would generate revenue to acquire and improve other parks. City Council voted to submit a proposition to the voters regarding whether sale of certain parks should be authorized. On November 7,2000, Proposition 7 was passed by the voters authorizing the sale of certain City parks. A public hearing was held on August 21, 2001 to pass a resolution authorizing the City Manager to take action to sell or dispose of eight City parks. The public hearing also satisfied the requirements of Chapter 26 of the Texas Parks and Wildlife Code. To date, three of the properties have been sold and disposed of. Two of the remaining parklands, South Bay Park and Cresmont Park, consist of portions of a park and are not suitable to build on. Both park properties were acquired by plat dedication derived from the Harbor View Subdivision and Cresmont Park Subdivision. The Cresmont Park portion, shown on Exhibit B, is currently platted as Block 6, Cresmont Unit 1, and does not require replatting by the adjacent landowner, Grover Strong. The South Bay portion, shown on Exhibit C, is landlocked and will require replatting by the adjacent landowner, Leroy Steinocher, at his cost. City staff contacted the adjoining owners and inquired if they would purchase them. Both owners stated that they would accept them, however at no cost to them. The conveyance of both portions would eliminate the City's maintenance of both properties. They would also be placed back on the tax rolls to generate tax revenue. It is in the best interest of the City to divest itself of both properties. H:\HOME\EUSEBIOG\GEN~Agenda Items\Southbay and Cresmont Parks\BACKGROUND INFORMATION.doc Exhibit A 2 of 2 t ite. \Mproject\councilexhibits\exhcrestmon~.dwg SUBJECT PARCEL LOCATION N LOCATION klAP NOT TQ SCALE SUBJECT PARCEL VICINITY MAP NOT TO SCALE EXHIBIT B EXHIBIT OF CRESTI*tONT PARK, BEING A TRACT OF LAND CONTAINING . 118 AC. (5, 140.08 sq. ft. OUT OF BLK. 6 CRESTtIONT SUBD. UNIT 1 CtT¥ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPAR~ENT OF ENGINEERING S~C~ PAGE: I of I ___--.-- DA~: 01-09-2003 ~ / ~ / ~-7 ~ LOCATION /dAP NOT TO SCALE SUBJECT PARCEL N VICINITY I~IAP Nor ro SCALE EXHIBIT C , EXHIBIT OF SOUTH BAY PARK, BEING A TRACT OF LAND CONTAINING O. 097 AC. (4.226.7 sq. ft.) OUT OF LOT 47, BLOCK 2 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o1:1 DATE: 01-16-2005 AN ORDINANCE APPROVING THE CONVEYANCE AND DISPOSAL OF A PORTION OF SOUTHBAY PARK CONTAINING 4,226.7 SQUARE FEET OUT OF LOT 47, BLOCK 2, HARBOR VILLAGE SUBDIVISION, TO THE ADJACENT LANDOWNERS, LEROY STEINOCHER AND WIFE, PRISCILLA STEINOCHER, REQUIRING THEM TO REPLAT THE PROPERTY WITHIN 180 DAYS AT THEIR EXPENSE, AND AUTHORIZING THE ACTING CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SPECIAL WARRANTY DEED IN EXCHANGE FOR THE PERPETUAL MAINTENANCE OF THE PROPERTY CONVEYED; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: ' SECTION 1. That the Acting City Manager, or his designee, is hereby authorized to execute a Special Warranty Deed for a portion of Southbay Park containing 4,226.7 square feet out of Lot 47, Block 2, Harbor Village Subdivision, to the adjacent landowners, Leroy Steinocher and wife, Priscilla Steinocher, in exchange for the perpetual maintenance of the property conveyed, and requiring them to replat the property within 180 days at their expense. 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 shall take effect upon first reading as an emergency this the 18th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor AN ORDINANCE APPROVING THE CONVEYANCE TO THE ADJACENT LANDOWNERS, JOHN GROVER STRONG AND WIFE, EVANGELINE C. STRONG, A PORTION OF CRESTMONT PARK WEST OF CARROLL LANE AND GRASSMERE DRIVE, CONTAINING 5,140.08 SQUARE FEET, AND CURRENTLY PLATTED AS BLOCK 6, CRESTMONT SUBDIVISION UNIT 1, SAVE AND EXCEPT A SECTION OF STREET RIGHT-OF-WAY, AND AUTHORIZING THE ACTING CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SPECIAL WARRANTY DEED IN EXCHANGE FOR THE PERPETUAL MAINTENANCE OF THE PROPERTY BY THE GRANTEES; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Acting City Manager, or his designee, is hereby authorized to execute a Special Warranty Deed for a portion of Crestmont Park containing 5,140.08 square feet, and currently platted as Block 6, Crestmont Subdivision Unit 1, to the adjacent landowners, John Grover Strong and witk, Evangeline C. Stong, save and except a section of street right-of-way, in exchange for the perpetual maintenance of the property conveyed. 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 shall take effect upon first reading as an emergency this thc 18th da3' of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa Samuel L. Neal, Jr. City Secretary. Mayor 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 181 2003 AGENDA ITEM: Ordinance Appropriating $15,000 in the No. 3530 Street CIP Fund from Performance Bond Proceeds of the Omaha Drive Improvements Project; Amending Capital Budget Adopted by Ordinance No. 025144 by increasing Appropriations by $15,000; and Declaring an Emergency. ISSUE: Settlement proceeds from the bonding company must be appropriated prior to expend itu re. FUNDING: The City has received a check for an additional $15,000 from Mid-Continent Group from the default of the original contractor. CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented. Attachments: Exhibit A: B,B, ackgr?u~n,d In. formation Exhibit B: .~opy..o~ ~necK Exhibit C: LocaQon ~v~ap H \HOME\KEV NS\GEN\STREETS\OMAHA~Agenda$15 000Memo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Omaha Drive Street Improvements (Project No. 6087) PAYMENT: The surety has agreed to pay an additional $15,000 for pavement patching and repair on Omaha and Leopard not addressed by the original settlement. PRIOR COUNCIL ACTION: November 26, 1996 - Specifying rules to apply when the City intends to assess abutting property or affected railways to secure payment for highway or related improvements, including rules concerning assessment hearing notice and the assessment hearing itself; and authorizing the Director of Engineering Services to prepare assessment certificates. (Resolution No. 022767) July 29. 1997 - Approval of the FY 1997-1998 Community Development Block Grant (CDBG) Program in the amount of $7,677,000 of which $155,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 022917). May 12. 1998 -Approval of the FY 1998-1999 Community Development Block Grant (CDBG) Program in the amount of $5,888,694 of which $510,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 023313). May 18, 1999 -Approval of the FY 1999-2000 Community Development Block Grant (CDBG) Program in the amount of $5,752,078 of which $300,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 022917). b August 22, 2000 - Approval of the FY 2000-2001 Capital Improvement Budget (Ordinance No. 024162). October 10, 2000 - Approval of Resolution Determining the Necessity for and Ordering the improvements of Omaha Drive from I.H. 37 to Leopard Street. October 10, 2000 - Approval of Resolution approving plans and specifications for improvements to Omaha Drive from I.H. 37 to Leopard Street. November 21, 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Asphalt Paving & Construction Co. for a total fee not to exceed $898,763.00 for the Omaha Street Improvements. (M2000-427) Exhbit A Page 1 of 2 \\CLSTRI USERS2 SERVER\USERS2\HOME\KEVINS\GEN\STREETS\OMAHA~Agenda$15,000BkgExhA.doc 10. 11. May 28. 2002 - Motion authorizing the City Manager, or his designee, to execute a Novation Agreement (Assignment) with Oklahoma Surety Company and Mid- Continent Casualty Company and King Isles, Inc., contractor, to complete construction of the Omaha Drive Street Improvement Project. (M2002-149) June 11, 2002- a. Ordinance appropriating $124,354.94 into the Federal/State Grant Fund No. 1050 from settlement proceeds with Mid-Continent Casualty Co. and Oklahoma Surety Company for the Omaha Drive project, increasing Fund 1050 appropriations by $124,354.94; and declaring and emergency. (Ord. # 024902) b. Ordinance appropriating $18,161.24 into the Wastewater Capital Improvement Fund No. 3430 from settlement proceeds with Mid-Continent Casualty Co. and Oklahoma Surety Company for the Omaha Drive project, amending Ordinance No. 024730 by increasing appropriations by $18,161.24; and declaring and emergency. (Ord. #024903) c. Ordinance appropriating $5,064.79 into the Water Capital Improvement Fund No. 4080 from settlement proceeds with Mid-Continent Casualty Co. and Oklahoma Surety Company for the Omaha Drive project, amending Ordinance No. 024730 by increasing appropriations by $5,064.79; and declaring and emergency. (Ord. #024904) Ordinance appropriating $4,640.00 into the No. 3430 Utility Capital Fund and $13,500.00 into the Street No. 3530 Street Capital Fund ($18,140.00) from a Claim Settlement with Bonding Company for Change Order No. 2, Omaha Drive project; and declaring and emergency. (Ord. # 024975) Exhbit A Page 2 of 2 \\CLSTRI_USERS2_SERVER\USERS2\HOM E\KEVtNS\GEN\STREETS\OMAHA~Agenda$15,000BkgExhA.doc File : \Mproject\councilexhibi~s\exh6OS?.dwg PROJECT LOCATION \ '.'-~--7----F,,~--,( -_L"-' --_-~'~-~'~_ VICINITY I/IAP NOT TO SCALE CITY PROJECT No. 6087 EXHIBIT "C" Oil/IAI-lA OFtlI/£ STR£ET II~lP~OV£1~l£NT$ c~r~ COUNCIl. £XI-IIBIT DEPARTtdEN[ OF ENGINEERING SERVICES £~Ol~l I..£OPARD $'I'R££T TO I.H. $7 Pa~: ~ o~ ~ CITY OF CORPUS CHRISTI, TEXAS DATE: 02-18-2005 15000.00 1 FIFTEEN THOUSAND AND NO/100 DOLLARS *************************************************** IC, T~,C CITY OF CORPUS 3HRIST i / OF PO BOX 9277 [ OUTSTANDING [] VERY GOOD[] ~OOD [] .... ~ POOR [] CORPUS CHRIST TX 78469-9277 ,'IRR?R?Oq"' ~:~,oq, ql, 2P, F=/3i: "" 2 ?hq 3 311' Mid-Continent Group CHECK AMOUNT ;5000 00 CLAIM NUMBER: 1407222 POLICY NUMBER 7XV 0010294 00 INSURED: ASPHALT PAVING & CON STRUQTION CO L©S$ DATE S 24/01 ; CODE AMOUNT EXPLANATION r3 ~ SS O0 $15,000 O0 Loss: EERFORBANCE ~OfaBi7; BOND TXV 10294 FOR TIlE ACCOUNT OF ASPHALT PAV~7$ CONSTRUCTION COMPANY: PF!~ R~L_FASE, SUBROGAI~0N & ASS~NMEN?~¢ PAUL STATUS 0575709 I 2/o3/o3 ~,~¢ aiyprectate ihe ol?]~orttmiO, to hm,e beet~ of service to ),otl. bye hope 3'ou ~re ~I~o~'ed with the qttaliO, o.[3ervice you have received. 77~e ~ext tm~e you h~e in~ur~ce newels p/ease ~Onsider <'o't(/cling a M/D-<,ONITNENT G~OUP ,4gent. ; WIAZL T© : PA YEE : CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI TX 78469 9277 CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI TX 78469-9277 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February 18, 2003 Agenda Item: (Caption as it should appear on the agenda) Ordinance Appropriating $15,000 in the No. 3530 Street CIP Fund Out from Performance Bond Proceeds for the Omaha Drive Improvements Project; Amending Ordinance No. 025144 which Adopted the FY 2002-2003 Capital Budget by Increasing Appropriations by $15,000; and Declaring an Emergency. Amount Required: $15,000 Fund Name Fund No. erg. Account Project Amount No. No. No. Street CIP Fund 3530 00000 550910 200165 ~15,000 Total 15,000 --4 I I Certification Not Required ~%-4 :~'~]'~'~ Director o~'¢:inanci~ Services Date: '~.1 ~'¢) ~2 ORDINANCE APPROPRIATING $15,000 IN THE NO. 3530 STREET CIP FUND FROM PERFORMANCE BOND PROCEEDS OF THE OMAHA DRIVE IMPROVEMENTS PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $15,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $15,000 in performance bond proceeds is appropriated in the No. 3530 Street CIP Fund for the Omaha Drive Improvements Project. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $15,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 12, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar~~'~'~ Assistant City Attorney For City Attorney 8 AGENDA MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor Neal and Council Members Armando Chapa, City Secretary Ordinance Governing City Elections in 2003 February 14, 2003 The attached ordinance establishes various functions and duties for the April 5, 2003 General Election and other City elections that may be scheduled in 2003 as required by the Texas Election Code. These functions include the appointment and compensation of election officials, voting systems, and designating the Nueces County Courthouse as the sole central counting station for the tabulation of the early vote. Armando Chapa City Secretary ORDINANCE GOVERNING CITY ELECTIONS IN 2003, INCLUDING APPOINTMENT AND COMPENSATION OF ELECTION OFFICIALS, VOTING SYSTEMS, BALLOT BOXES, AND CENTRAL COUNTING STATION; AND DECLARING AN EMERGENCY. WHEREAS, regular City Council elections are scheduled for April 2003 and other City elections may be scheduled at other times in 2003; and WHEREAS, such elections must be conducted efficiently and in accordance with the Texas Election Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. This Ordinance governs all City of Corpus Christi elections during the calendar year 2003. SECTION 2. The Presiding Judges and Alternate Presiding Judges specified in the attached and incorporated Exhibit A are appointed pursuant to Texas Election Code, Section 32.005. Each Presiding Judge shall appoint not less than two nor more than five election clerks (with any additional clerks appointed only upon the approval of the City Secretary), one of whom must be the Precinct's Alternate Presiding Judge, pursuant to Texas Election Code Sections 32.031,32.032, and 32.033. The City Secretary' is authorized in the event of an emergency preventing any of the designated Presiding Judges and Alternate Presiding Judges from being utilized to provide for suitable replacements. SECTION 3. Arturo Chavarria is appointed Presiding Judge of the Early Voting Ballot Board pursuant to Texas Election Code, Section 87.002, and Presiding Judge of the Central Counting Station pursuant to Texas Election Code, Section 127.005. SECTION 4. Armando Chapa, City Secretary, is appointed Manager of the Central Counting Station pursuant to Texas Election Code, Section 127.002. SECTION 5. Maria Biddle, Deputy Nueces County Clerk is appointed Tabulation Supervisor of the Central Counting Station pursuant to Texas Election Code, Section 127.003. SECTION 6. Norma Marshall, Nueces County Elections and Archives Manager, is appointed Assistant to the Tabulation Supervisor pursuant to Texas Election Code, Section 127.004. SECTION 7. City Secretary Armando Chapa is appointed the authority who is responsible for the conduct of City elections including training and is directed to make all necessary arrangements to lawfully conduct elections. SECTION 8. Compensation for persons appointed in or pursuant to this Ordinance is: Appointments under Sections 2 and 3: Each Presiding Judge and Alternate Presiding Judge must be compensated at $6.00 per hour for services rendered; election clerks who are not City employees ~nust be compensated at $6.00 per hour for services rendered, subject to Texas Election Code, Section 32.091; $25.00 must be paid to election judge or clerk for delivering precinct election records, keys to ballot boxes, or other election equipment, and unused election supplies after the election pursuant to Texas Election Code, Section 32.092; $6.00 must be paid to Presiding Judges, Alternate Judges, early voting clerks and deputy voting clerks for attending one hour of training, pursuant to Texas Election Code Section 32.112. Overtime must be paid as per Fair Labor Standards Act. Appointments under Sections 4 and 7: No additional compensation to City salary. Appointments under Sections 5 and 6: No additional compensation to Nueces County salaries. These services are part of services furnished by Nucces County. No additional compensation to City employee salary. Overtime must be paid as per the City Compensation and Classification Policy and the Fair Labor Standards Act. SECTION 9. Thc electronic voting system approved by the Secretary of State and the United States Department of Justice for Nueces County is adopted for early voting and election day voting. SECTION 10. Sealed ballot boxes must be used in accordance with Chapter 127, Subchapter C, Texas Election Code. SECTION 11. The Nueces County ( ourthouse is designated as the sole Central Counting Station for early vote tabulation. SECTION 12. If for any reason any section, paragraph, subdivision, clause, pt~rasc, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it may not affcct 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, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. That upon ~vritten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emcrgency duc to the need for immediate action necessary for the efficient and effective a&rfinistration of City affairs and (2) suspends thc 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 12, 2003 Lisa Aguilar /~) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ATTACHMENT "A" CITY OF CORPUS CHRISTI ELECTION PRESIDNG JUDGES AND ALTERNATES JUDGES APRIL 5, 2003 PRECINCT 1 2 3 4 5 6 7 8 9 10 17 18 20 21 24 26 & 16 28 29 30 32 33 JUDGE Sharon E. Pope Dorothy Corcoran Carolyn Buntrock Phillis D. Yarborough Frances Thompson Stephen R. Avery Trina Garcia Betty F. Shockley Anita Cates Marcia Nauer Helene Fennessy Marie Speer Barbarita Temes Ron Thedford Maria Guerra Sam C. Dalton Melvin Schanen Alan Moravits Louella Coleman Cameron Fox Lodia Sally Villegas ALTERNATE JUDGE Suzanne Cramer Patricia Rimar Linda Dorsey Catherine Stein Christine Struzick Julia Wilke Iretta Moore Mary Hemandez Peggy Bickham Joan Bluntez Delbert Hooper Georgia Ann Hackney Esmeralda Martinez Phyllis Thedford Janie McManus Rebecca Bradford Theresa Dittlinger David Gress Peggy Beasley Doris Gilbreth Wilmer Davis PRECINCT 34 38 39&3! 40 & 28K 41 42 43 & 83 44 45 & 46 47 48 49 50 & 59 51 53 56 57 58 60 61 & 77 62 & 85 63 64 JUDGE Yolanda Landin Jamie M. Mumphrod Willard H. Clark Bill Parker Jesse Hix Diane Prewitt Mary B. Sugarek Rosa Tamez Dora Diamond John Luna Glenn Ellen Dreggors Elma Corkill William Tate C.E. Ginn, Sr. Blanche M. De Los Santos Ruth C. Olson Minerva Leal-Gaytan Kay Lund Fischer Lydia C. Guartuche Shirley Stanum Rene Guzman Antonia M. Mereado Mody Boatright ALTERNATE JUDGE Mary Cantrera H. M. Alleyman Delia G. Salazar Danny Goss Mary Hemandez Virginia Wenzell Ignacia R. Dominguez Sylvia Mireles Andie Munguia Amada Luna Georgie Marsh Larry Bell Lila Huling Mable C. Ginn Josie Chalko Ken Gandy Howard Stephen Garcia Wendy Pizzo Daniel Guartuche Julia Rojas Frances Powell Judy Telge Frances Boatright PRECINCT 65 66 67 68 69 70 & 89 71 72 73 74 75 76 78 79 & 52 80 81 & 19 82 84 86 87 90 91 92 93 JUDGE Gerald N. Cheetham W.W. Redfox Leona Corkill Andy Beaver Cynthia R. Vail Kendall Peterson Viola Van Houten Margie B. Flora M.R. Zepeda Margaret Palacios Laura Duran Mary Lou Garcia Yolanda G. Pantoja Alberto Garcia Olga Luis Alice Palumbo Romana Soliz Denise D. Bracey Valerie Voeste Sharon Munchew Gretchen Penny Robert Jones Carolyn Sue Yaklin Helen Cox ALTERNATE JUDGE Billy Johnson Dick Brown Roy Corkill Jean Armstrong Betty Hamrnonds Rudy Gonzales Adela Soto Jovita Rossy Mrs. Nina Zepeda Elma Garza Rosemary Martinez Lori Garcia Maria Guerra Mary Alice Sheller Valentina Torres Ann Alexander Bryan D. McCool Gerardo R. Alvarez George Clower Ted Lewis A. Elizabeth Bray Dorothy L. Jones Bonnie Johnson Haskel Cox PRECINCT 94 95 96 97 98 99 100 101 103 106 107 & 23 109 110 111 112 113 114&15 I15&88 116 117 118 119 120 JUDGE Lesley Nolen Andrew H. Busker Rosalinda Rodela Carlos Valdez Atilano Castro Domingo Barlone Gustavo Rodfiguez Aubrey E. Bryan Sabrina Winchester June Gildersleeve Clark Haston Barbara Dunk Frances Hoelscher Barbara Behr Wilma Raub Charles E. Sanders Alma Lee Harris Nancy Stevens Bernadette Baggerly Pat Beseda Pat Cardona Joyce Zarsky Alfred Hesse ALTERNATE JUDGE Christine Salem Leticia Delgado Bessie Nichols Minnie Rodriguez Gloria G. Gonzales Lucille Schultz Martha Ellen Rodriguez Donald Bryan Ruth Gilliland Paul Eubanks Peggy Hansen Sarah Zuniga Rose Lee Hoelscher Ronald Molina Ted Raub Herlinda Garcia Gertrude Stewart Hubbard Janet Reimers Christopher Baggerty Irene Smith Mary Garcia Leo Estrada William Payne PRECINCT 121 122 123 124 125 JUDGE Abril Garcia Jarrold Towle Carmelita Shafer N. Jean Swenson Anthony Martinez ALTERNAT~ Irene Kubala Krystyna Lynch Delores Dees Olga Bell Art Flores Corpus Christi, Texas Day of ,2003 TO THE MEMBERS OF THE CITY COUNC1L Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neak Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 9 COMlVlI~(~AL, Inc. CA~N'~T~. MII~.WOJ~ · February 12, 2003 City of Corpus Christi Director of Planni~8 Atln: Michael Gunning P.O. ]Box 9277 Corpus Christi, Texas 78469 Re: Glenoak Drive Property-North Si~ Section ~49, 10 acr~ of Lot 31 Case~ 1102-5 Dear Mr. Gunning: Plea~ withdraw our requost for re-zoning at this time. I appreciate the time and energy your department has spent on ~ project. If you should have any question concerning this requ~t, please feel free to call me at 361-851 1000. Sincerely, Barcom Commercial, Inc. David W. Hoffman Vice-President COMMERCIAL, Inc. GE/q~AL CON'TRAC'TTNG * CABINET~ - iVlILLWORK ' ~A I~N'T[N G · January 14, 2003 City of Corpus Christi Director of Planning Arm: Michael Gunning P.O. Box 9277 Corpus Christi, Texas 78469 Re: Olenoak Drive ProperS-North Side Section ~49, 10 acres of Lot 31 Cas~# 1102-5 Dear Mr. Gunning: Ple. as~ delay our request of re.zoning mother 30 days. The proporty owner on the side has approved our request. However, 1 would like to continue oonversations with the owner on the west side in order to get hi8 approval before moving forward. If you should have any qu~tions cone.'ming this letmr, please feel free to call mc at 361-851-1000. Sincerely, RECEIVED Barcom Commercial, lnc, David W, Hoffinan Vicc-Presid~nt JAN 1 4 2003 CiTY OF CORPUS CHRISTI P~NNING AND DEVELOPMENT 1710 S PADRE ISLAND DR., SUITE B · CORPUS CHRISTI, TEXAS 78416 -,q:~ gm4aNp, t;g61'~ Ail,t000 · FAX: (561) 851-1717 TOTAL P. E~2 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 14, 2003) Case No. 1102-05~ David W. and Elaine R. Hoffman: A change of zoning from a "R-lB" One- family Dwelling District to a "RE" Residential Estate District on Flora' Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of ReiXa Drive. Planning Commission and StafFs Recommendation (11/20/02): Approval. City Council (12/17/02): Tabled until January 14, 2003. Requested Council Action: Approval of a "RE" Residential Estate District and adoption of the attached ordinance. Purpose of Request: To develop an 8-lot single-family subdivision. Summary: At the request of the applicant, City Council tabled action on this case until January 14, 2003 providing the applicant the opporttmity to meet with opposing property owners. The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and will not be required to provide curbs, gutiers and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the developer will be required to install curbs, gutters, and sidewalks with proposed street. The "RE" District would require only a rural street section, consistent with the rural atmosphere with one acre lots. A~ached is a copy of the proposed single-family development that was approved by the Planning conmUssion on November 20, 2002.) Applicant's Position: q]te applicant concurs with Plmming Col~mUssion and Staff's recommendation. Notification: Prior to the date of this memorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and two (2) in opposition. The two (2) property owners in opposition have a combined land area constituting 46.23 percent of the notice area, therefore, the 20 percent role is in effect. This is a controversial case. Michael N. Gunmng, AICP Director of Planning MG/FGM/er Attachments: 1) Glenoak Estates Plat Page 2 2) Zoning Report Pages 3-8 3) Comments Received Page 9 4) Planning ComnUssion Minutes Page 10 5) Ordinance Pages 11-13 H:~I'LN-DIR\ERMA\WORD~AGENDM EM\1102-05AGENDAMEMO.DOC DEC-IT-02 7UE 02:36 FAX NO, P O ~Ox 6355 * ~OR~U$ GtlRISTI, TEXAS ~, 02 ~ob No. 37976.00.00 FAX (361)854-6001 DeCember 17, 2002 Michael Gunning Planning Director City of Corpus Christi P.O. t~oz 9277 Corpus Christi, YX. 78469-9277 Subject: 10 Acre Tract on Glenoak near Flour Bluff Drive Dear Michael: On behalf of the applicants, David and Elaine Hoffman, we herein request the zoning request be tabled to allow discussions with the adjacent property owners in opposition to this r~,quest. Eug~ C. Urban, ECU/.%t xc: Dav!d and Elaine Hoffman 2725 SWANiNER DR , CORPUS C~tRISll, TFXA$ 78404 moiiC~urboneng ,COB AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: December 17, 2002) Case No. 1102-05~ David W. and Elaine R. Hoffman: A change of zoning from a "R-lB" One- family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet ;vest of Retta Drive. Planning Commission and Staff's Recommendation 01/20/02): Approval, Requested Council Action: Approval of a "RE" Residential Estate District and adoption of the attached ordinance. Purpose of Request: To develop an 8 -lot single-family subdivision. Summary: The applicants have requested a change of zoning from a "R-lB" One-fanfily Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and will not be required to provide curbs, gu/ters and sidewalks. Large lot subdivisions are penmtted in the "R-lB" District, but the developer will be required to install curbs, gutters, and sidewalks with proposed street. The "RE" District would require only a rural street section, consistent with the rural atmosphere with one acre lots. Attached is a copy of the proposed single-family development that was approved by the Planning comrmssion on November 20, 2002.) Applicant's Position: The applicant concurs with Plarming comrmssion and Stall's recommendation. Notification: Prior to the date of this inemorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and two (2) in opposition. This is a noncontroversial case. Director of Plamfing MG/FGM/er Attachments: 1) Glenoak Estates Plat 2) Zoning Report 3) Comments Received 4) Planning comrmssion Minutes 5) Ordinance H;\PLN-DIR\ERMA\WORDkAGENDMEM\1102-05AGENDAMEMO DOC Page 2 Pages 3-8 Page 9 Page 10 Pages 11-13 1 /I IMA I low A6PT5 Mn M LO( 31. S W 49 L RqM dlfr AAV N.19x( r AW WrArM wn n al A PA ll-,, Ny ImnAi AA xr0 I Akmgr W MN4n kmy, ANS Q�pl Al6N mxa6 AL NnN ULOYI mm' h.�N.w vwvA awr rnx mm' I gg rift l.V IIT4Mxv 4^IF I� S671001001E 66Q00' govt ]�i� M1'.�� �ou4 Kmdm4 I ".-I I �n A 4 II AI.A4 � 4 Il. AA1fV yX 9 rnPf1 rTl 1pR L Il1V morn n' weds Pe aN IwAwam N x mwa aaem wAm mwn Iulrr un xn Pxwrr wra wn..o u 4i S59x 9rY[ L AMR4mT x mr5 OM11+aM� mwlY rIXAmMM/ alW 10 MW4mr. LYrme[ A .OI6 RS YM21 IMCMXMC4@x fOM6 n6'II w� (NAr: 2Pt pM! L 2A5 [ LAIAW l OII( r.6rYW Ab Q.Y1C AO`IIN /GYSI' LRIII IIYr 4 AQ x AIr6b 6 x 41051YRV.ID MRN x dk1/OLIS' L x /OELOIIf MY.' ]aV L aYS IIID .LO LVMS .FMfRD.V6 IIH114CD 6 9Mae Nu sA¢rs nw MF aurum ro x ALNM r6r PMaTR rwr urm4rs 6 Moen AZ a9plm m x M<IH RL x LSaWalt CeE9AAA10 uY LF MF (IMfS. M9 /x11 m6 Mw ws Ixar Pw x ala6r?[emL/mv MO maaM WI SSvf L 6A5 mLar L Acee¢ n6 AaTa.rMr a6 Aou6MTttm mLF r er ML Ixervw Aro Q.ae reNrllw M M_MrM aaLr aec NMO Nr x sox[ a IAa6 PLAT OF OLENOAK ESTATES 9.514 ARES OF LAND OUT OF LOT Jl, S OIX 49, ROUR ECUFF AND ENa AL FARM ANO WDEN MCT$ A MAP OF #MrH 2 RECORLCO IN 4tAUME A. PAGES 41-43, MAP RECONOS OF NUECES COUNTY, IEW Y N o t Cyy pp a 1)E -C Ntl1 dj(F CI R -15.W 1 O R.15.W'm O .JAW r•ISPJIgSW" I.,Z" (4JM' L -21M L-24.IJ' R.SQM' I+59M' 6m I) MTA IlAM A5£A IXM/ 9.514 ALiE'S OF LVO 2) x W Ma9PE1MM AS O /M 6 A MaatPmli X x rMA6 MMeWCE.AM 6 SL r m aI1AY,E AS x IMT1" or GWAZ. J) STT 5/8 em/ NM' MOS MO; MD FT6IF CV STAMEO iNMN (MX cc m" Ar M( tor COflRR$ QLEPI MTF( Mw.. 4) IW AfaM.O Ma / S alien falll lI6 PACYTIPTY 6 W OSO MY AF RfaM6 BITERS APE or LLISg.FD 6r Thi M AS MIME ZMTmRYM("AMM/IO L6E 5) ARC Mao IN x AGPM a)1/AlR/ W 61LFOW Q E sllrF bEa6 lIF SOQM aA.W9WY M R6 R.41, AS YMAAKFRD ON x ORIXW Aal 9AMx AS AN 6tww"MSM. 6)BYa RotW MTr, 06 PT, 6 NIMF i"M, RIXO A MMAa WE W. Q]YMAMr AWR NQ 4&5164 aIle C CITY M CCRR6 L TIM MIOI L AN ERTCIAM MR 6 Aar la I%1 Aa) a wr N A SA:TML RMo MIMO AM ).) a6 AMA 6 m M r m rM1gY1AW LOT XrrtN SMaJ 6 EYITM\0 G) m Qa1TWr AYES m a' MMIRm mm aEhOYf QPM PMAI Lor I, Ao I MD LOT I, A= I. 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R I I Ig uxraro g 14anlov AYA ArA .mm' A mm Ilnyau y N672000W 660.00' ; R GLENRAN ORNf 5 1pR L Il1V morn n' weds Pe aN IwAwam N x mwa aaem wAm mwn Iulrr un xn Pxwrr wra wn..o u 4i S59x 9rY[ L AMR4mT x mr5 OM11+aM� mwlY rIXAmMM/ alW 10 MW4mr. LYrme[ A .OI6 RS YM21 IMCMXMC4@x fOM6 n6'II w� (NAr: 2Pt pM! L 2A5 [ LAIAW l OII( r.6rYW Ab Q.Y1C AO`IIN /GYSI' LRIII IIYr 4 AQ x AIr6b 6 x 41051YRV.ID MRN x dk1/OLIS' L x /OELOIIf MY.' ]aV L aYS IIID .LO LVMS .FMfRD.V6 IIH114CD 6 9Mae Nu sA¢rs nw MF aurum ro x ALNM r6r PMaTR rwr urm4rs 6 Moen AZ a9plm m x M<IH RL x LSaWalt CeE9AAA10 uY LF MF (IMfS. M9 /x11 m6 Mw ws Ixar Pw x ala6r?[emL/mv MO maaM WI SSvf L 6A5 mLar L Acee¢ n6 AaTa.rMr a6 Aou6MTttm mLF r er ML Ixervw Aro Q.ae reNrllw M M_MrM aaLr aec NMO Nr x sox[ a IAa6 PLAT OF OLENOAK ESTATES 9.514 ARES OF LAND OUT OF LOT Jl, S OIX 49, ROUR ECUFF AND ENa AL FARM ANO WDEN MCT$ A MAP OF #MrH 2 RECORLCO IN 4tAUME A. PAGES 41-43, MAP RECONOS OF NUECES COUNTY, IEW Y N o t Cyy pp a 1)E -C Ntl1 dj(F CI R -15.W 1 O R.15.W'm O .JAW r•ISPJIgSW" I.,Z" (4JM' L -21M L-24.IJ' R.SQM' I+59M' 6m I) MTA IlAM A5£A IXM/ 9.514 ALiE'S OF LVO 2) x W Ma9PE1MM AS O /M 6 A MaatPmli X x rMA6 MMeWCE.AM 6 SL r m aI1AY,E AS x IMT1" or GWAZ. J) STT 5/8 em/ NM' MOS MO; MD FT6IF CV STAMEO iNMN (MX cc m" Ar M( tor COflRR$ QLEPI MTF( Mw.. 4) IW AfaM.O Ma / S alien falll lI6 PACYTIPTY 6 W OSO MY AF RfaM6 BITERS APE or LLISg.FD 6r Thi M AS MIME ZMTmRYM("AMM/IO L6E 5) ARC Mao IN x AGPM a)1/AlR/ W 61LFOW Q E sllrF bEa6 lIF SOQM aA.W9WY M R6 R.41, AS YMAAKFRD ON x ORIXW Aal 9AMx AS AN 6tww"MSM. 6)BYa RotW MTr, 06 PT, 6 NIMF i"M, RIXO A MMAa WE W. Q]YMAMr AWR NQ 4&5164 aIle C CITY M CCRR6 L TIM MIOI L AN ERTCIAM MR 6 Aar la I%1 Aa) a wr N A SA:TML RMo MIMO AM ).) a6 AMA 6 m M r m rM1gY1AW LOT XrrtN SMaJ 6 EYITM\0 G) m Qa1TWr AYES m a' MMIRm mm aEhOYf QPM PMAI Lor I, Ao I MD LOT I, A= I. Irz LI0A5 ...Lm'O'Llfa IoveoMc Aw mr A amer aIT a x c $9 L n rvAllllS MOiMrov.M alO aaF Le4eM66 ararN LLor.NM ro cra aWsmem wm muM w,rreavN PAeaa OWL VMY, RP1 RIAS I W 4710 STAR L Ruf ttYNM1LNL[p' 116 i/IC H.II T x rE@N R.R�D MV4 axas L x an L mwrs olein. rzaAs 116x_mL_ AaYt a Tszmlx. ac alaaM L ay.¢aM suar[s mrzLm6 mAm a AAas Ir6 rNe aAr M x Iamr Lsa'MO PAW Rus N x nu..w' Caerssm OIS x__OIYL Ilvlla x aINMc snanvr mrz L AIA [aL/r' fl AI(L6 /OROYrt wSlMleHl Miro x _ MY O+. as nm roeMwmLwPAYx_L Ac par A[ta[!m x _ M. L laaM _ Ala � rIL= M[a wxs n xao Ab LM a x cnwrn ca IGIAi x MrAn KW us1 wLIM nra_ rtro for Lrom u oam x alas awn RY6 er II arvn ISI CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1102-05 November 20, 2002 Fl 8A (112-3) David W. and Elaine R. Hoffman Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. 10 acres Same as above. "R- 1B" One-family Dwelling District "RE" Residential Estate District Undeveloped land. Develop an 8-lot single-family subdivision. 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: Not applicable. North, South, East- "R-lB" One-family Dwelling District West.- "A-1" Apartment House District Adiacent Land Use: North, East - Undeveloped land. South (across Glenoak Drive) Single-family residences. West - Single-family residence. Zoning Report Case No. 1102-05 (David W. and Elaine R. Hoffman) Page 2 Number of Residential Units Allowed: "R-lB" - 72 units (7.26 dwelling units per acre) "RE" - 10 units (1 dwelling unit per acre) Estimated Traffic Generation: Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 10 dwelling units = 100 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Glenoak Drive - collector Right-of-Way Design Current: a) 60-foot right-of-way with a 20-foot wide rural paved section. Planned: a) 60-foot right-of-way with a 40-foot back-to-back paved section. 1996 Traffic Count (24-hour~ weekday, non-directional): a) None available. Zoning History of Property: There has bee no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity in the area within the past five (5) years Zoning Report Case No. 1102-05 (David W. and Elaine R. Hoffman) Page 3 Zoning Inventory: The subject property is part of a larger area zoned a "R-iB" District that extends in all directions and mostly developed with single-family residences on large lots. West of the subject property, there is a 20.86-acre tract of land zoned an "A-I" District and contains 2 single-family residences. Southwest of the subject property, there is a 10.03-acre tract of undeveloped land that is zoned a "B-3" District. Planning Staff Analysis: General Characteristics and Background: The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and will not be required to provide curbs, gutters and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the proposed street would be required to provide curbs, gutters and sidewalks. The applicants want to maintain the rural atmosphere with one acre lots and none of the other visual City- looking improvements. Enclosed is a copy of the proposed single-family development that was approved by the Planning Commission on November 6, 2002. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "RE" District. The Flour BluffArea Development Plan's adopted future land use map recommends the area to develop with medium density single-family with a density of up to 7 units per acre. The requested "RE" District pernfits a density of 1 unit per acre, which is consistent with the Plan's recommended density. Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 72 units on the subject property. The requested "RE" District permits a density of 1 dwelling unit per acre or 10 units on the subject property. The approved plat indicates 8 lots, which is less than the permitted density of either district. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of twenty (20) feet with a side and rear yard of five (5) feet each. The requested "RE" District requires a front yard setback of fifty (50) feet and a side and rear yard setback of 25 feet each. Buildings in these districts are limited to a height of 35 feet not to exceed three (3) stories. Signage: Both, the "R-lB" and "RE" District, permit one wall sign with an area not to exceed one square foot. Freestanding signs are not permitted. Traffic: Glenoak Drive is designated as a collector to handle the traffic from the abutting residential area. Approval of the requested "RE" District would reduce the potential number of dwelling unit, which in turn would reduce the amount of traffic generated. Zoning Report Case No. 1102-05 (David W. and Elaine R. Hoffman) Page 4 Pros: a) b) Parking/Screening: A single-family residence is required to provide two (2) off-street parking spaces for each unit. A standard screening fence is not required for residential development. Costs to City: The proposed roadway as shown on the attached plat and other required infrastructure will be built at the developer's expense. City monies will not be used for this development. Platting: The subject property is unplatted and a plat will be required to be recorded before a building can be issued. (Ideas in support of the request.) The requested "RE" District is consistent with the Flour Bluff Area Development Plan's recommended land use. The requested "RE" District will reduce the density, which in turn reduces the amount of traffic generated. Cons: a) None. Staff Recommendation: Attachments: (Ideas in support of maintaining the current zoning.) Approval. Zoning and Ownership Map Ownership List H:XPLN-DIR\ERMA\WORDXZONRPTS\ 1102-05CCREPORT.DOC ALLEN R-IB/SP DIRKSEN TRACT R-lB TRACT R-lB 2 R-lB Nov 13, 2002- RP CASE Zl102-05 5O · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) ~ Subject property Owners within 200 feet listed on attached ownership list OWNERSHIP LIST CASE NO. 1102-05 Applicant: Daivd W. and Elaine R. Hoffman 1710 SPID, Suite B 78416 1 Z1102-05 012200000010 ALEXANDER DAVID E & KACY D ALEXANDER 1310 GLENOAK DR CORPUS CHRISTI TX 78418 ALEXANDER TRACT LT 1 ALEXANDER TRACT LT 1 2 Z1102-05 211200000010 DIRKSEN WILLIAM H ET UX 2536 FLOUR BLUFF DR CORPUS CHRISTI TX 78418 DIRKSEN TRACT LT 1 Representative: Urban Engineering 2725 Swantner 78404 3 Z1102-05 247600493000 JOKA DEVELOPMENT 1NC. 14121 WHITECAP BLVD CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 14.242 ACS OUT LT 30 SEC 49 4 Z1102-05 247600493150 HOFFMAN DAVE AND ELAINE HOFFMAN WFE 7825 LOVAIN DRIVE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TIC&CT 10 ACS OUT OF S/2 OF LT 31 SEC 49 1 Z1102-05 247600493200 ALEXANDER DAVID E & KACY D ALEXANDER 1310 GLENOAK DR CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 7.94 ACS OUT LT 32 SEC 49 5 Z1102-05 247600500019 HAWN GEORGE S AND ALAN F LUCKE,TRUSTEES 101 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 FLOUR BLUFF & ENC FRM GDN TRACT 67.374 ACS OUT PT OF LTS 1, 2, 14, 15, 16 ALL LT 3 SEC 50 6 Z1102-05 746900010010 ROLAN TROY DON ET UX 1287 GLENOAK CORPUS CHRISTI TX 78418 ROLAN TRACT LTI BLK I 7 Z1102-05 901400010020 VERMEULEN J T 1281 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT LT 2 BLK I 8 Z1102-05 901400010030 VERMEULEN JOSEPH THOMAS 1281 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT UNDIV/3 INT IN LT 3 BLK I 9 Z1102-05 901400010040 MCAMIE GERALD R AND LINDA A V MCAMIE 1275 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT LT 4 BLK 1 10 Z1102-05 217300010010 DULAK JOHN ETUX ETHEL 13534 ROYAL FIFTH COURT CORPUS CHRISTI TX 78418 SP Z1102-05 247600493150 HOFFMAN DAVE AND ELAINE HOFFMAN WFE 7825 LOVAIN DRIVE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT 10 ACS OUT OF S/2 OF LT 31 SEC 49 Zl102-05 SUPERINTENDENT FLOUR BLUFF I.S.D. 2505 WALDRON ROAD CORPUS CHRISTI, TEXAS 78418 Z 1102-05 FLOUR BLUFF BUSINESS ASSN. P. O. BOX 181423 CORPUS CHRISTI, TEXAS 78418 COMMENTS RECEWED FROM NOTICES MAILED Case No. 1102-05 David W. and Elaine R. Hoffman · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: Opposition: l) 3) None. David and Kacy Alexander, 1310 Glenoak Dr. No written cormnent. JOKA Development, Inc., 14121 Whitecap Dr. "Maintain "R- 1B" zoning." Il. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. 1 I:~PLN-DIR\ERMA\WORD\COMM DATA\I 102-05COMMENTS DOC q Planning Commission Minutes November 20, 2002 David W. and Elaine R. Hoffman: 1102-05 REQUEST: "R-lB" One-family Dwelling District to "RE" Residential Estate District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. Mr. Saldafia presented a computerized illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned a "R-lB" District that extends in all directions and mostly developed with single-family residences on large lots. West of the subject property, there is a 20.86-acre tract of land zoned an "A-I" District and contains 2 single-family residences. Southwest of the subject property, there is a 10.03-acre tract of undeveloped land that is zoned a "B-3" District. The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and be required to provide curbs, gutters and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the proposed street would be required to provide curbs, gutters and sidewalks. The applicants want to maintain the rural atmosphere with one-acre lots and none of the other visual City-looking improvements. A copy of the proposed single-family development that was approved by the Planning Commission on November 6, 2002 was presented. Mr. Saldafia presented a future land use map from the Flour Bluff Area Development Plan which recommends the area to develop with medium density single- family with a density of up to 7 units per acre. The requested "RE" District permits a density of 1 unit per acre, which is consistent with the Plan's recommended density. Commissioner Richter opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler, to forward a recommendation of approval. Motion passed with Mims and Berlanga being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID W. AND ELAINE R. HOFFMAN, BY CHANGING THE ZONING MAP IN REFERENCE TO 10 ACRES OUT OF LOT 31, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-E" 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 David W. and Elaine R. Hoffman for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 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 10 acres out of Lot 31, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive, from "R-1B" One-family Dwelling District to "RE" Residential Estate District. The 10 acres is described by metes and bounds on the attached Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. 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. ~-EGAL~LAVV~LEG-D~R\D~y~eD~urUs~/~YD~S~2~2~P&Z~RD~2~Z~ning~rd\D~YLE~2~2~Z110205A.Hoffman. OrdApp.&PC.doc // Page 2 of 3 SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 17th day of December, 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 10 December, 2002 James R. Bray, Jr. By: ~ ~~,J~4/U'IZ~_. Doyle i~. Curtis Senior Assistant City Attorney ~LEGAL~LA~N~-EG~D~R~D~y~eDcurtis`~v1YD~2~2~P&Z~RD~2~Z~ning~rd~D~YLE~2~Z110205A.Hoffman. Ord.App.&PC.doc (361)854-3101 STATE OF TEXAS COUNTY OF NUECES ENGINEERING P,O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 JOB NO. 37976.00.00 OCTOBER 22, 2002 FAX (361)854-6001 FIELDNOTES for a 10.000 acre tract of land out of the south half of Lot 31, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41- 43, Map Records of Nueces Cotmty, Texas and being more fully described by metes and bounds as follows: BEGINNING atthe ceaterlme of Glenoak Drive, a 60 foot wide public roadway, from which the intersection of Glenoak Drive and Retta Drive bears South 61o00'00" East, a distance of 495.00 feet; THENCE North 61000'00'' West, along the centerline of said Glenoak Drive, same being the south boundary of this tract, a distance of 660.00 feet to a point, for the west comer of this tract; THENCE North 29000'40'' East, aloug the east boundary of Lot 32, Section 49 said Flour Bluff and Encinal Farm and Garden Tracts, san~e being the west boundary of said Lot 31, Section 49 and of this tract, a distance of 30.00 feet pass a 5/8 inch iron rod found on the north boundary of said Glenoak Drive, in all a distance of 659.28 feet to a 5/8 inch iron rod found, for the south comer of Lot 1, Dirksen Tract, a map of which is recorded in Volume 46, Page 40, Map Records of Nueces County, Texas, same being the north comer of this tract; THENCE South 61000'00'' East, along the north boundary of this tract, a distance of 660.00 feet to a 5/8 inch iron rod found for on the west boundary of Lot 30, Section 49 said Flour Bluffand Encinal Eann and Garden Tract, same being the east boandaiy of said Lot 31, Section 49 and the east corner of this tract; THENCE South 29o00'40'' West, along rise common boundary of said Lots 30 and 31, stone being the east boundary of this tract, a distance of 629.28 feet pass a 5/8 inch iron rod found on the north boundary of said Glenoak Drive, in all a distance of 659.28 feet to the POINT OF BEGINNING oa~d containing 10.000 acres of land. Bearings based on the center[me of Glenoak Drive, same being the south boundary of this tract and shown as North 61°00'00" West. Unless this Field Notes Description, including preamble, seal m~d s~gnature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy.  EA,~N L. cURBAN ENGINEERING cease No. 4710 2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 78404 mall@urbaneng,corn EXHIBIT A 10 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: Febmary 18, 2003) Case No.: 0103-01~ Marc and Nelda Fuentes: A change of zoning from an "A-I" Apartment House District to a "B-1" Neighborhood Business Dish-let on Cabaniss Acres, Block 3, Lot 24-A, located on the south side of Carolyn Drive, approximately 200 feet west of Ayers Street. Planning Commission and Staff's Recommendation (01/15/03): Approval. Requested Council Action: Approval of a "B-i" Neighborhood Business District and adoption of the attached ordinance. Purpose of Request: Parking lot for proposed adjacent funeral home. Summary: The applicant has requested a change of zoning from an "A-i" Apartment House District to a "B-I" Neighborhood Business District in order to develop a parking lot for a funeral home under construction east of the subject property and fronting Ayers Street. The subject property is a 0.219-acre vacant lot. Per the applicant, approximately 15 to 20 parking spaces will be provided on the subject property for the adjacent funeral home. Across Carolyn Street is "I-2" Light Industrial District property developed as a metal and welding business. South of the subject property is "I-2" Light Industrial District property developed for warehousing and storage. Land east of the subject property consists of one (1) lot totaling 0.44 acre whereby the funeral home is under construction. West of the subject property is "R-lB" One-family Dwelling District property developed as single-family dwellings. Access to the subject property will primarily be from Carolyn Drive, a local roadway. Depending on the driveway design plans for the funeral home. east of the subject property, access to the proposed parking lot may also be from Ayres Street, an arterial roadway. The Southside Area Development Plan's future land use nmp recommends the subject property transition froln residential to light industrial. With the extension of the Crosstown Expressway, residential properties between Joyce Drive and south of Frederick Drive are expected to change to higher intensity classifications. The requested "B-I' District accomplishes the goal of the Southside Plan to initiate the transition from residential to conm~erciaVindustrial. Applicant's Position: The applicant concurs with Planning Conmaission and Staff's recommendation. Notification: Prior to the date of this memorandum, fifteen (15) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and one (1) was returoed in opposition. The owner of the subject property submitted a notice in favor. The 20% rule is not in effect at the City Council hearing. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-6 2) Comments Received Pages 7-8 3) Planning Commission Minutes Page 9 4) Ordinance Pages I0-11 It:\lq N-DIR\ERMA',WORD\AGENDM EM\I) 103-01 AGEN DAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0103-01 January 15, 2003 I14D Marc and Nelda Fuentes Cabaniss Acres, Block 3, Lot 24-A, located on the south side of Carolyn Drive, approximately 200 feet west of Ayres Street. 0.219 acre (9,550 square feet) Same as above. "A-I" Apartment House District "B- 1" Neighborhood Business District Vacant lot. Parking lot for proposed adjacent funeral home. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Propert3': Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning,: North (across Carolyn Drive) "1-2" Light Industrial District South, East - "1-2" Light Industrial District West - "R- 1B" One-family Dwelling District. Ad,iacent Land Use: North (across Carolyn Drive) Metal and welding business South - Warehouse and storage buildings East Vacant lots. West - One-family dwellings. 2. Zoning Report Case No. 0103-01 (Marc and Nelda Fuentes) Page 2 Number of Residential Units Allowed: "A-I" 4 units (21.78 dwelling units per acre) "B-I" - 7 units (36.30 dwelling units per acre) Estimated Traffic Generation: Parking lot - Not applicable. Funeral Home (associated use for parking lot) - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,000 square feet (average per ITE Manual) = 162 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Carolyn Drive local b) Ayers Street (SH 286)- arterial Right-of-Way Design Current: a) 50-foot right-of-way with a 23-foot back-to-back paved section. b) 100-foot right-of-way with a 42-foot back-to-back rural paved section. Planned: a) Same as current. 2001 Traffic Count (24-hour, weekday~ non-directional}: a) None available. b) 43,950 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no surrounding rezoning activity within the past five years. Zoning Report Case No. 0103-01 (Marc and Nelda Fuentes) Page 3 Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning fi'om an "A-1" Apartment House District to a "B-1" Neighborhood Business District in order to develop a parking lot for a funeral home under construction east of the subject property and fronting Ayres Street. The subject property is a 0.219-acre vacant lot. Per the applicant, approximately 15 to 20 parking spaces will be provided on the subject property for the adjacent plarmed funeral home. Across Carolyn Street is "1-2" Light Industrial District property developed as a metal and welding business. South of the subject property is "1-2" Light Industrial District property developed for warehousing and storage. Land east of the subject property consists of one (1) lot totaling 0.44 acre whereby the funeral home is under construction. West of the subject property is "R-lB" One-family Dwelling District property developed as single-family dwellings. Access to the subject property will primarily be fi.om Carolyn Drive, a local roadway. Depending on the driveway design plans for the funeral home, east of the subject property, access to the proposed parking lot may also be from Ayres Street, an arterial roadway. The Southside Area Development Plan's future land use map recommends the subject property transition fi.om residential to light industrial. With the extension of the Crosstown Expressway, residential properties between Joyce Drive and south of Frederick Drive are expected to change to higher intensity classifications. The requested "B-I" District accomplishes the goal of the Southside Plan to initiate the transition from residential to commercial/industrial. Potential Housing Density: An "A-1" District permits a density of 21.78 dwelling units per acre or four (4) units on the subject property. The requested "B-I" District permits a density of 36.30 dwelling units per acre or seven (7) units on the subject property. Height/Bulk/Setbacks/Etc.: Both, the "A-1" and "B-1" Districts, require a fi.ont yard setback of twenty (20) feet. An "A-I" District requires a side and rear yard setback often (10) feet for the first floor with an additional five (5) feet for each additional floor. The "B-i" District does not require any side or rear yard setback unless adjacent to a residential district where a setback often (10) feet would be required. If the "B-I" District is approved and a building is constructed on the subject property jointly or instead of the parking lot, a building setback often (10) feet will be required fi.om the west property line. Both, the "A- 1" and the "B-I" District limit the building height to three (3) stories with the "A-I" District permitting 45 feet in height and 35 feet in the "B-I" District. Signage: With the subject property containing less than 100 feet of street fi.ontage, the "A-I" District would allow either one wall sign ~rith a sign area of thirty (30) square feet or one freestanding with a sign area of twenty (20) square feet, a height of ten (10) feet and requiring a setback often (10) feet. The "B-I" District permits unlimited number of wall signs and one freestanding sign with a sign area of forty (40) square feet and a height of twenty (20) feet. Zoning Report Case No. 0103-01 (Marc and Nelda Fuentes) Page 4 Traffic: The traffic generated by the proposed parking lot associated with the proposed adjacent funeral home will be minimal as compared to retail and industrial establishlnents. With the size of the subject property being 9,550 square fcct, approximately 26 parking spaces may be realized. A 26-space parking lot would generate 52 daily trip ends that will have minimal adverse impact on the adjoining residential area. Parking/Screening: The subject property proposed as a parking lot does not require parking since the use is parking. The proposed funeral home along Ayres Street and associated with the subject property is required to provide one parking space per five (5) chapel or parlor seats. A standard screening fence is required when a business or industrial use locates adjacent to a residential district. If the requested "B-I" District is approved a screening fence is required the west property line of the subject property. Pros: (Ideas in support of the request.) a) The requested "B-I" District supports the Southside Area Development Plan to transition from residential development between Ayers Street and the Crosstown Expressway extension to commercial and light industrial. Cons: (Ideas in support of maintaining the current zoning.) a) None Staff Recommendation: Approval. Attachment: Zoning Map H :\PLN-DIR\ERMA\WORD\ZONRPTS\2003\0103 ~01 CCREPORT DOC R-lB A-I 10 20 6 5 24 8 3 SOUTH 5 T-lB 7 R-lB Jori 13, 2003- RP CASE ZOI03-Oi ~0 Subject property Owners within 200 feet listed on attached ownership list COMMENTS RECEWED FROM NOTICES MAILED Case No. 0103-01 Marc and Nelda Fuentes · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I1. III. Notices returned from within the 200-foot notification area: None. Favor: Opposition: 12) Luis and Edna Rocha, 2318 Carolyn Dr. "Traffic". Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Lupe G. Saldafia, 7909 Wild Orchidway, Fairfax, VA See attached letter. Opposition: None. II:kPLN D IP~ERMA\WORD~,COM MDATA\0103 -01C OMM ENTS. DOC 01/13/20~3 13:21 7B32501011 APLUS PAGE JANUARY 13, 2002 TO: City Planning FROM: Lu!rg G. Saldmm Owner c/o Minx: and Nelda Fuentes Owner Representatives Public Hearing Notice Case No. 0103-01 Regarding the above Pelition Case, 1 am subafittin~ for your consideration, the following reasons in favor ora change of zoning of subject parcel bom "A-I" Apa~iment House ~ "B-1" Neighborhood Business District or other appropriate classification. I. Subject parcel is already locmed in a "l-2" Light lndustrialDistrict. The"l-2'Lig~t lm District is located to the ;c,.,,-~liate right and h~.~ediate left of subject parcel, and goes bey the subject parcel. As a matter of f~ct the front entrance of subject parcel fronts the iau,~l~ front entrance of a "1-2' light Industrial District parcel on Carolyn Drive. 2. The subject parcel will be used as - small parking lot to serve the small business entity ~ constructed in the adjoining "I-2" pm'eel ~onting Ayers street. 3, No major building structure will be build on subject pm, eeL 4. The subject parcel is located at the side of only one lot "23B", which lot is already sided "1-2" I.igla Industrial District. 5, The subject parcel was purchased under one package with the lot fronting Ayers Sweet under the advertisement incentive ideal for building a small business. 6. The mphalt paved parcel will he an h~,eovement of the current appearance of the adjok parcels. [:~~x,Q~fUlly submitted, Lupe G. Saldana Owner Planmng Commission Draft Minutes January 15, 2003 DRAI~Y MINUTES Marc and Nelda Fuentes: 0103-01 REQUEST: "A-I" Apartmeut House District to "B-I" Neighborhood Business District Cabaniss Acres, Block 3, Lot 24-A, and located on the south side of Carolyn Drive, approximately 200 feet west of Ayres Street. Ms. Goode-Macon provided a computerized slide illustration of the subject property and the surrounding area. She stated that the applicant has requested a change of zoning from an "A-I" Apartment House District to a "B-I" Neighborhood Business District in order to develop a parking lot for a proposed funeral home planned east of the subject property and fronting Ayers Street. The subject property is a 0.219-acre vacant lot. Per the applicant, approximately 15 to 20 parking spaces will be provided on the subject property for the adjacent planned funeral home. Across Carolyn Street is "I-2" Light Industrial District property developed as a metal and welding business. South of the subject property is "1-2" Light Industrial District property developed for warehousing and storage. Land east of the subject property consists of one (1) vacant lot totaling 0.44 acre and is planned for development as a funeral home. West of the subject property is "R-lB" One-family Dwelling District property developed as single-family dwellings. Access to the subject property will primarily be from Carolyn Drive, a local roadway. Depending on the construction plans for the planned funeral home, east of the subject property, access to the proposed parking lot may also be from Ayres Street, an arterial roadway. The Southside Area Development Plan's future land use map recommends the subject property transition from residential to light industrial. With the extension of the Crosstown Expressway, residential properties between Joyce Drive and south of Frederick Drive are expected to change to higher intensity classifications. The requested "B-I" District accomplishes the goal of the Southside Plan to initiate the transition from residential to commercial/industrial. The requested "B-I" District supports the Southside Area Development Plan to transition from residential development between Ayers Street and the Crosstown Expressway extension to commercial and light industrial, therefore, Staff recommends approval of the rezoning request. Vice Chairman Mims opened the public hearing. Mark Fuentes, applicant, stated that he requested a zoning change on the subject property to provide additional parking for his funeral home. Mr. Fuentes addressed access issues by stating that the parking lot could not access the residential street as outlined in the Zoning Ordinance, but could only have access onto Ayers Street. Public hearing was closed. Motion by Salazar, seconded by Smith, to forward a recommendation of approval. Motion passed with Berlanga being absent. q Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARC AND NELDA FUENTES, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 24-A, BLOCK 3, CAF~ANISS ACRES, FROM "A-'I" APARTMENT HOUSE DISTRICT TO "B-I" NEIGHBORHOOD BUISNESS 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 Marc and Nelda Fuentes for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2003, during a meeting of the Planning Commission, and on Tuesday, February 18, 2003, 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 0.217 acre of Lot 24-A, Block 3, Cabaniss Acres, located on the south side of Carolyn Drive, approximately 200 feet west of Ayers Street, from "A-I" Apartment House District to "B-1" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 pads of ordinances in conflict with this ordinance are hereby expressly repealed. H:~LEG-DIR\DoyleDCurtis~vlYDOCS~2003\P&ZORD03~Zoning.ord\DOYLEC~2003~Z010301 .Fuentes.Ord,App&PC,doc /O Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18~h day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary boyleD./~rtis '~ Chief, A(~ninistrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG~D~R\D~y~eD~urtis\MYD~C~2~3\P&Z~RD~3~ning~rd~D~YLE~2~3~1~3~1~Fuentes~rd~App&P~d~c 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Actiou Date: February 18, 2003) Case No.: 0103-03~ A & W Office Suppl'v~ Inc.: A change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District on South Bluff Addition, Block 13, Lot 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street. Planning Commission and Staff's Recommendation {01/15/03): Approval. Requested Council Action: Approval of a "B-5" Primary Business District and adoption of the attached ordinance. Purpose of Request: For a warehouse, office, showToom facility expansion to an existing business. Summary: The applicant has requested a change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District, The purpose of the request is to construct a warehouse/office/showroom facility as an expansion to the existing office supply business, west of the subject property and fronting Staples Street. The subject properly consists of .333 acre and is a vacant lot. Plans for the expansion include connecting the existing business along its rear property line to the proposed warehouse/office/showroom facility. The existing business consist of a 4,500 square foot showroom and a 2,560 square foot warehouse area. The proposed warehouse/office/showroom on the subject property is estimated at 4,000 square feet and will be constructed as a one-story building. Additional parking is required for the proposed expansion, thus creating a parking lot with approximately five (5) minimum spaces. Access for the subject property is provided along Laredo Street, a westbound one-way arterial. Laredo Street can accommodate the additional 20 to 46 daily trip ends generated from the proposed warehouse/office/showroom facility. The requested "B-5" District is an extension of the "B-5" District property to tile north and west. The South Central Area Development Plan supports business development along Laredo Street. Applicant's Position: The applicant concurs with Plamfing Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, twenty-seven (27) notices were mailed to the property owners within a 200-foot radius, of which three (3) were returned in favor and none were returned in opposition. The 20% rule is not in effect at the City Council hearing. Michael N. Gunning, AICP Director of Plamling MG/MS/er Attachments: 1) Zoning Report Pages 2-6 2) Comments Received Page 7 3) Plmming CmnmissionMinutes Page 8 4) Ordinance Pages 9-10 H:\P[ N-DIR\ERM A\WORD\AGEN DM EM\0103-03 AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: 0103-03 January 15, 2003 KI5D A & W Office Supply, Inc. Legal Description/Location: South Bluff Addition, Block 13, Lot 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples 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 Zoning: - "B-5" Primary Business District .333 acre (14,505.48 square feet) Same as above. "A-2" Apartment House District "B-5" Primary Business District Vacant lot. Warehouse, office, showroom facility expansion to an existing business. Not applicable. - (across Larcdo Street) "A-2" Apartment House District - "A-2" Apartment House District North, West South East Zoning Report Case No. 0103-03 (A & W Office Supply, Inc.) Page 2 Adiaeent Land Use: North - Auto related services South - (across Larcdo Street) Vacant lot East - One-family dwelling West - Office supply business and health care agency Number of Residential Units Allowed: "A-2" - 12 units (36.30 dwelling units per acre) "B-5" - 0 units (one and two dwellings units not allowed in district) Estimated Traffic Generation: Warehouse - 4.88 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,000 square feet of gross floor area = 20 average weekday vehicle trip ends. General office use - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,000 square feet of gross floor area = 46 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Staples Street - arterial b) Laredo Street - westbound one-way arterial Right-of-Way Design Current: a) 80-foot right-of-way with a 60-foot back-to-back paved section. b) 60-foot right-of-way with a 41-foot back-to-back paved section. Planned: a) Same as current. b) Same as current. 2001 Traffic Count (24-hour~ weekday~ non-directional): a) 24,980 vehicles per day b) 14,870 vehicles per day Zoning Report Case No. 0103-03 (A & W Office Supply, Inc.) Page 3 Zoning Histor~ of ProperO?: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no surrounding rezoning activity within the past five- (5) years. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District. The purpose of the request is to construct a warehouse/office/sho~vroom facility as an expansion to the existing office supply business, west of the subject property and fronting Staples Street. The subject property consists of .333 acre and is a vacant lot. Plans for the expansion include connecting the existing business along its rear property line to the proposed warehouse/office/showroom facility. The existing business consist of a 4,500 square foot showroom and a 2,560 square foot warehouse area. The proposed warehouse/office/showroom on the subject property is estimated at 4,000 square feet and will be constructed as a one-story building. Additional parking is required for the proposed expansion, thus creating a parking lot with approximately five (5) minimum spaces. Access for the subject property is provided along Laredo Street, a westbound one-way arterial. Laredo Street can accommodate the additional 20 to 46 daily trip ends generated from the proposed ~varehouse/office/showroom facility. The requested "B-5" District is an extension of the "B-5" District property to the north and west. The South Central Area Development Plan supports business development along Laredo Street. Potential Housing Density: The "A-2" District permit a density of 36.30 dwelling units per acre or twelve (12) units on the subject property. The "B-5" District does not allow one and two family dwellings. Height/Bulk/Setbacks/Etc.: The "A-2" District requires a front yard setback of twenty (20) feet. Side and rear yard setbacks in the "A-2" District are required to be ten (10) feet each for the first story, plus five (5) feet for each additional story, up to a maximum setback of thirty (30) feet. There are no front side or rear yard setbacks in the "B-5" District unless adjacent to a residential district where a setback often (10) feet is required. Buildings in an "A-2" District are limited to sixty (60) feet not to exceed four (4) stories. There are no height limitations in the "B-5" District. Signage: With less than 100 feet of street frontage, the "A-2" District allows one wall sign or one freestanding sign. The area of the wall sign may not exceed thirty (30) square feet. The t~eestanding sign is limited to an area of twenty (20) square feet with a height often (10) feet and setback of ten (10) feet from the property line. Wall signs are unlimited in the "B-5" District. The "B-5" District provides for freestanding signs that are unlimited as to Zoning Report Case No. 0103-03 (A & W Office Supply, Inc.) Page 4 size, height, or number provided they are located behind the front yard setback. If the freestanding sign is located within the front yard setback, it is limited to one sign per street frontage with an area not to exceed forty (40) square feet and a height of 25 feet. Traffic: The proposed office, ~varehouse and parking lot could generate between 20 to 46 daily trip ends. This traffic would access the site from Laredo Street, a westbound one-way arterial. Laredo Street is designed to accommodate large volumes of traffic. Laredo Street at Staples Street is shown to handle 18,010 vehicles per day. The traffic increase onto Laredo and Staples Streets will have minimal impact on its circulation. Parking/Screening: Required parking for a warehouse is one (1) space per two (2) employees and one (1) space per 250 square feet of gross floor area for non-medical office uses with a five (5) space minimum. A standard screening fence with a height of not less than six (6) feet is required xvhen a business or industrial use locates next to a residential district. A screening fence will be required along the east property line of the subject property. Pros: (Ideas in support of the request.) a) b) c) The subject property is planned for development with the adjoining property to the west that fronts Staples Street. Approval of the "B-5" District would be an expansion of the adjacent "B-5" District to the north and west. The South Central Area Development Plan's future land use map recommends conm~ercial development along Laredo Street. Cons~ None. Staff Recommendation: Attachments: __ (Ideas in support of maintaining the current zoning.) Approval. Zoning Map tt:\PLN-DI R\ERMA\WOILD~ZONRPTS~2003 \0103 -03CC REPORT I)OC I-3 BLUCHEF AND L WHARf WAREHOUS~ BLUCHER SUBD. A K~NNEY sT ST AGNES ST · STREET SOUTH BLUFF A-I PARK Jan 13, 2003- RP CASE Z0103-03 ~o Subject property Owners within 200 feet listed on attached ownership list COMMENTS RECEWED FROM NOTICES MAILED Case No. 0103-03 A & W Office Supply, Inc. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 11) 14, 15) 16) Opposition: Juan R. and Jacinta Rubalcaba, 1116 Agnes St. No written comment. Wesley Adolph Wittner, 222 S. Staples St. No written comment. Roberto Garza, Sr., 1010 Laredo St. No written comment. None. I1. Ilk Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. lt:\Iq.N-DIR\ERMA\WORD\COMMDATA\0103 -03COMM ENq S DOC Planning Commission Draft Minutes January 15, 2003 DRAFT MINUTES A & W Office Supply, Inc.: 0103-03 REQUEST: "A-2" Apartment House District to "B-5" Primary Business District on property described as South Bluff Addition, Block 13, Lot 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street. Ms. Goode-Macon provided a computerized slide illustration of the subject property. Ms. Goode-Macon stated that the applicant has requested a change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District. The purpose of the request is to construct a warehouse/office/showroom facility as an expansion to the existing office supply business, west of the subject property and fronting Staples Street. The subject property consists of .333 acre and is a vacant lot. Plans for the expansion include connecting the existing business along its rear property line to the proposed warehouse/office/showroom facility. The existing business consist of a 4,500 square foot showroom and a 2,560 square foot warehouse area. The proposed warehouse/office/showroom on the subject property is estimated at 4,000 square feet m~d will be constructed as a one-story building. Additional parking is required for the proposed expansion, thus creating a parking lot with approximately five (5) minimum spaces. Access for the subject property is provided along Laredo Street, a westbound one-way arterial. Laredo Street can accommodate the additional 20 to 46 daily trip ends generated from the proposed warehouse/office/showroom facility. The requested "B-5" District is an extension of the "B-5" District property to the north and ~vest. The South Central Area Development Plan supports business development along Laredo Street. The South Central Area Development Plan's future land use map recommends commercial development along Laredo Street. Staff recormnends approval of the rezoning request. Vice Chairman Mires opened the public hearing. Wes Wittner, 5574 CR75, Robstown, Texas, stated that he was the owner of A & W Office Supply and stated that the business needs more showroom space. Public hearing was closed. Motion by Zamora, seconded by Pusley, to forward a recommendation for approval. Motion passed with Berlanga being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A & W OFFICE SUPPLY, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 13, BLOCK 13, SOUTH BLUFF ADDITION, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUISNESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNTFOR ANY DEVlATIONSFROM THEEXlSTING 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 A & W Office Supply, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2003, during a meeting of the Planning Commission, and on Tuesday, February 18, 2003, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 13, Block 13, South Bluff Addition, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street, from "A-2" Apartment House District to "B-5" Primary 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, 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. H:\LEG~D~R\D~yieD~udis\MYD~S~3\P&Z~RD~3~ning~rd\D~YLE~2~3~z~1~3~3~A&W~f~c~rd~App&PC`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 (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary / Doy~-e ~rC urtis Chief, A~dministrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :\LEG-DIR\DoyleDCurtis',MYDOCS~2003\P&ZOR D03~-oning.ord~DOYLEC~2003~Z010301 .Fuentes.Ord.App&PC.doc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/18/03 AGENDA ITEM: (Caption as it should appear on the agenda) Naming the covered courts at H.E.B. Tennis Center located at 1520 West Shely the "Mildred and Lloyd Sessions Tennis Pavilion"; waiving the requirements of a sixty day waiting period following submission of Name Change to the Park and Recreation Advisory Committee, publication of legal notice, acceptance of written comments to the Park and Recreation Advisory Committee, and determination of course of action by the Park and Recreation Advisory Committee; and providing for severance. ISSUE: Mr. Session worked with Mr. Howard Butt, Sr. in creating the H.E.B. Tennis Center. The City of Corpus Christi in 1996 received a gift from the estate of Mildred and Lloyd Sessions of $200,000. Their gift was to help construct facilities at the H.E.B. Tennis Center. Thanks to the help of the Corpus Christi Tennis Association and continued support from the Butt family the H.E.B. Tennis Center Pavilion is a reality. Bond 2000 included $250,000 to assist in completion of this state of the art facility. The naming policy for Park and Recreation Facilities calls for posting of legal notice as well as a 60 day waiting period. Due to the dedication ceremony being scheduled for February 26, 2003 we are asking the City Council to waive the requirement. The Park and Recreation Advisory Committee has approved the request to name the pavilion. They are requesting the City Council waive requirements for posting, and waiting 60 days and approve the request of the Corpus Christi Tennis Association. REQUIRED COUNCIL ACTION: Approval of the resolution. FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends approval. (Department Head Signature) RESOLUTION NAMING THE COVERED COURTS AT H.E.B. TENNIS CENTER LOCATED AT 1520 WEST SHELY THE "MILDRED AND LLOYD SESSIONS TENNIS PAVILION"; WAIVING THE REQUIREMENTS OF A SIXTY DAY WAITING PERIOD FOLLOWING SUBMISSION OF NAME CHANGE TO THE PARK AND RECREATION ADVISORY COMMITTEE, PUBLICATION OF LEGAL NOTICE, ACCEPTANCE OF WRITTEN COMMENTS TO THE PARK AND RECREATION ADVISORY COMMITTEE, AND DETERMINATION OF COURSE OF ACTION BY THE PARK AND RECREATION ADVISORY COMMITTEE; AND PROVIDING FOR SEVERANCE. BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Under City of Corpus Christi Council Policy No. 6, Resolution No. 21901 §1, enacted March 22, 1994, the City Council under Section C(6) waives the following requirements as listed in Section C of Policy No. 6: A. Section C(2) that calls for a minimum sixty (60) day waiting period following submission of name change requests to the Park and Recreation Advisory Committee; B. Section C(3) that requires publication of legal notice of that name change request twice within that sixty (60) day period; C. Section C(4) that provides for the acceptance by the Park and Recreation Advisory Committee of written comments by interested individuals addressing the issue of the name change; and D. Section C(5) providing that the Park and Recreation Advisory Committee shall take action on the proposed name change following the sixty (60) day waiting period. SECTION 2. The covered courts located at the H.E.B. Tennis Center, located at 1520 West Shely, currently unnamed, are hereby named Mildred and Lloyd Sessions Tennis Pavilion. SECTION 3. It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision contained in this resolution shall be given full force and effect for its purpose. Therefore, if a court of competent jurisdiction holds that any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is invalid or unconstitutional, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. h:\leg-dir~sha re\veronica~bill\ord\coveredco u rts ATTEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM on the Bill Ainsworth, Assistant City Attorney For City Attorney Samuel L. Neal, Jr., Mayor /~L day of February, 2003. h:\leg~li~share\veronica',bill\ord\coveredcou~ts 13 January 23, 2003 To: Mayor and Council Members From: Armando Chapa, City Secretary Re: Charter Amendments Attached is a list ofpossible housekeeping charter amendments that have been proposed in the past. Also attached is a proposal for a housekeeping amendment we received from John Bell. LIST OF POSSIBLE HOUSEKEEPING CHARTER AMENDMENTS FOR CONSIDERATION BY THE CITY COUNCIL Initiative and Referendum Practical experience has indicated the need for procedural clarifications to avoid uncertainty, including: 1. The provision for filing supplementary petitions simply cross-references the recall provisions. This causes some ambiguity which should be corrected by specifying the process for supplementation in the I&R provision itself. 2. The time to request the city council to reconsider an adopted ordinance in connection with a referendum petition should be specified. Election Dates Article II, Section 1 (b) provides that the council election will be held on the first Saturday in April, unless the council six months in advance designates an alternative Saturday in April or the next available uniform date. This implements a special state law provision which was passed for Corpus Christi in 1987 when the spring uniform date was changed to the first Saturday in May, to avoid conflict with Buccaneer Days. In past legislatures, proposals have been made to change the spring date to a day (in March) that would not comqict with Buc Days. If this were to occur there would be no need for the special date for Corpus. The charter should provide authority for the council to set a date in that event~ Runoff Elections Article II, Section 3(a) provides that the city council runoff election will be the second Saturday following a council election. This is an exceedingly short time for the city secreteD' to conduct the runoff, and allows hardly any time for early voting In general under the Election Code, runoffs are held 20 to 30 days after the canvass. The city secretary would like additional time. Clerical Corrections - Term Limits. Article II, Section 1 (d) contains language that it takes effect April 1993 and terms of office served prior to that date shall not count toward the limitation. This provision has now expired and should be deleted. -Several statutory references need to be updated as the state law references have changed. [IX(3)(a); X(l)(a); X(1)(a)(12) Mayor's Veto Section 6(a) says that the mayor's veto and objections shall be returned before the next regular meeting of the council. Since the council is now required by the charter twice monthly, and generally does not meet the first Tuesday, or for a period immediately after budget completion and during Christmas, this provision should be amended to require that the veto be filed within seven days of the council action. CharterAmendsHousekeeping.wpd Clarify the Effect on Voting Requirement of Council Member being Disqualified Several provisions [Art. I1, Sec. 14(e) - ordinances and resolutions; Art. II, Sec. II, Sec. 1 l(b) - removal] refer to action by a majority of"all council members holding office." This does not specifically address the situation in which a member or members are disqualified from voting due to a conflict of interest. Following state court cases, we have construed this situation to treat a disqualified member as not holding office. This should be explicitly clarified. Date of Recall Election Article II, Section 21, requires the council to order a recall election "within not less than thirty, nor more than sixty days fi-om certification." The Texas Election Code now requires that such an election be on a uniform date. The provision should be amended to require the council to order an election "at the next available election date under Texas law." Time for Effectuating Lease or Franchise Article IX, Section 3 provides that a lease or franchise of more than one year must be read at two regular meetings of the council at least twenty-eight days apart, and that the lease cannot be effective before 60 days after second reading during which a petition may be filed under state law requiring an election. This is unduly burdensome for many routine leases. Routine leases would be facilitated if the restriction applied only to leases exceeding five years. Termination of Leases Article IX, Section 6(a) provides for leases to be terminated for cause by ordinance after notice and hearing. This is an unnecessary and cumbersome process for contractual administration; it should be eliminated. The process for termination should be spelled out in each individual lease according to the circumstances. Procurement Process Article X, Section 2(c) addresses competitive bids and proposals. It does not expressly mention new processes mithorized by State law such as electronic bids and design/build. Although we believe the charter authorizes all procurement methods allowed by State law, the charter section should be amended to make this explicit. CharterAmendsHousekeeping wp d TO: FROM: DATE: RE: WOOD, BOYKIN & WOLTER A Professional Corporation 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 (361) 888-9201 FAX (361) 888-8353 MEMORANDUM Jimmy Bray, City Attorney Armando Chapa, City Secretary John D. Bell January23, 2003 Proposed Charter Amendment Concerning Election Dates Under the current Charter, the run-off election is scheduled to be held two weeks following the regular election. This year that date would be the Saturday before Easter Sunday (that Saturday also would be within Passover as welt), and it would result in the days of early voting being limited to a few days during the start of Holy Week. A similar situation will occur in 2007 for the regular election date on April 7, 2007, which falls on the Saturday before Easter Sunday and on the fourth day of Passover. Although conducting elections during this time is not impossible, it is ve~¢ difficult for voters to participate fully in the electoral process and very difficult for election officials to fulfill their responsibilities at the polls. Such a schedule would require election workers to make their preparations during the evening of Good Friday and work all day from 7:00 am to TOO pm on the Saturday before Easter Sunday. Since the Easter and Passover seasons can be very special times for many families, it would create a hardship on election workers and may possibly result in having to conduct the election without experienced election help. The Texas Election Code provides an exception to the scheduling of political party conventions that typically occur three weeks after the March Primary Elections to provide that if the Saturday "occurs during Passover or on the day following Good Friday, the conventions shall be held on the next Saturday...." (Election Code Section 174.063) Similar provisions could be added to the City Charter in Article II, Section 1 and Section 3 to provide that if an election date occurs during Passover or on the day following Good Friday, the election would be held on the immediately following Saturday (the second Saturday in April for the regular election and the third Saturday after the regular election for a mn-off?election). Attached is an amendment that would modify the Charter to do that. If it were adopted at the April 5, 2003, election and approved as part of the canvass of the election on the following Tuesday, it could go into effect immediately and resolve this issue in the 2003 election calendar. C:~Documents and S ettings\jimmyb~,oc al SettingsWernp\GWViewer~Memo-Chart er. DOC Charter Proposition 1. Amending Article 1I, Section 1 and Section 3 of the City Charter concerning elections to provide that if the date set in April for a regular or run-off election occurs during Passover or on the day following Good Friday, the election will be held on the immediately following Saturday. Full Text of Change: ARTICLE II. CITY COUNCIL Sec. I. Membership and term. (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in odd-numbered years on the first Saturday in April; however, if that date occurs during Passover or on the day following Good Friday, the election shall be held on the second Sec. 3, Run-off elections. Run-off elections shall be held on the second Saturday following a regular or special election; however, if that date occurs during Passover or on the day following Good Friday, the run-off election shall be held on the third Saturday following the election. The following circumstances would require a run-off election: (a) If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election, t~.crc a run-off election shall be held ~- *~' ...... ~ e~..~,~., c~.~...: .......... ~ e e ..................... a at wtfich the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (b) If no candidate for city council from a given single member district receives a majority of all votes cast for such office at any regular or special election, t5crc a run-off election shall be held receiving the highest number of votes in the regular or special election shall stand for election. (c) If fewer than three candidates for at large city council positions receive a plurality of at least twelve percent each of the total votes cast for all at large city council candidates, ~ ..... a run-off. which: (1) If no candidate received at least twelve percent of the total votes cast for all candidates for the at large positions in the regular or special election, the four candidates receiving the highest number of votes shall stand for election; (2) If only one candidate received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next three candidates receiving the highest number of votes shall stand for election; or (3) If two candidates received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next two candidates receiving the highest number of votes shall stand for election. The winners in any such run-off election for at-large positions shall be determined by a plurality vote. APRIL ELECTION/HOLIDAY CALENDAR (Bold Dates Indicate Conflicts) Election Date Run-Off Date 7 Easter Passover Starts April 5, 2003 April 20, 2003 April 17, 2003 April 2, 2005 April 16, 2005 March 27, 2005 April 24, 2005 April 21, 2007 April 8, 2007 April 3, 2007 April 4, 2009 :April 18, 2009 April 12, 2009 April 9, 2009 April 2, 2011 April 16,2011 ' April 24, 2011 April 19, 2011 April 6, 2013 April 20, 2013 March 31, 2013 March 26, 2013 April 18, ~015 April 5, 2015 April 4, 2015 April 1, 2017 :~ i~i;I;t~ii20i~ i April 16, 2017 April 11, 2017 April 6, 2019 April 21 2019 April 20, 2019 ; April 17, 2021 April 4, 2021 March 28, 2021 April 1,2023 April 15, 2023 April 9, 2023 April 6, 2023 April 5, 2025 April 20, 2025 April 13, 2025 April 3, 2027 April 17, 2027 March 28, 2027 April 22, 2027 April 7, 2029 April 21, 2029 April 1, 2029 March 31, 2029 April 5, 2031 April 19, 2031 :April 13, 2031 April 8, 2031 April 2, 2033 ; April 17, 2033 April 14, 2033 April 7, 2035 April 21, 2035 March 25, 2035 April 24, 2035 ' April 18, 2037 April 5, 2037 March 31 2037 April 2, 2039 April 10, 2039 April 9, 2039 April 6, 2041 ;i~i;:ii~i ~:!;:;.: :i i April 21, 2041 April 16, 2041 April 4, 2043 April 18, 2043 March 29, 2043 April 25, 2043 April 15, 2045 April 2, 2045 April 2, 2045 April 6, 2047 April 20, 2047 April 14, 2047 April 11, 2047 April 3, 2049 April 18, 2049 April 17, 2049 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 18, 2003 AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2 to the Contract for Construction Manager at Risk services contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum Price of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project. (Project No. 4198) ISSUE: Subcontractor bids for the project have resulted in a reduction in the guaranteed maximum price. Council is requested to amend the Construction Manager at Risk contract to recognize the new Guaranteed Maximum Price of $24,614,045. FUNDING: Funding is available from the Convention Center CIP Fund. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. E.n(~-:Angel R. Escobar, P.E. ~ Date Director, Engineering Services Attachments: Exhibit A: Exhibit B: Exhibit C: ~ac ,kgro, u..nd Information omrac[ bummary Location Map Harold K. Peterson Director, Convention Facilities Date H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CMAmd#2AgendaMemo.doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The amendment establishes the final Guaranteed Maximum Price (GMP) for the Bayfront Convention Center Expansion / Rehabilitation Project. The GMP is the maximum amount that Construction Manager will receive for achieving Final Completion of the project. The final price was determined when the Construction Manager received subcontractor and trade bids. City staff witnessed the bid opening which will be conducted in accordance with the requirements of the Local Government Code. The final GMP includes $225,000 in allowances that will be controlled by the City to be paid only if necessary. The first allowance ($150,000) is for plan conflicts or specification scope conflicts/omissions. This allowance is a cap that represents the maximum that would be paid for such conflicts by the City. The second allowance ($75,000) for exterior wall improvements and pre-cast demolition. This allowance would be paid if concealed conditions on the front wall differ markedly from plans and require additional expenditures. Future modifications to the final GMP would be in the case of additions and deductions by written Change Order. Change orders would be primarily for additional concealed conditions or owner initiated enhancements. All subcontract costs, reimbursable costs, or other costs of any kind incurred by Construction Manager in connection with the Project in excess of the GMP are the sole responsibility of the Construction Manager. The City Engineer, or his designee, will work with the Construction Manager on value engineering to reduce the contract price by written Change Order should the total costs exceed the GMP. Value engineering to reduce total cost will be restricted to those areas that do not impact the project scope, architectural quality, appearance or functionality of the project. The City will receive 100% of any savings less than the GMP. PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). EXHIBIT A 1 Page 1 of 4 H:\HOME\KEVINS\GEN\CONVCTR\EXPANSiO\CMAmd#2bkgExhA doc January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). August 21, 2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551 ). August 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, BLock 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnicat investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by EXHIBIT A j Page 2 of 4 H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CMAmd#2bkgExhA.doc $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). August 27, 2002 - Motion authorizing the City Manager or his designee, to execute a contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint Venture for the Convention Center Expansion and Renovation Project (M2002-283). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, tnc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 26, 2002 - a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in an aggregate principal amount of $31,545,000 and ordaining other matters relating to the subject (Ord. #025121 ). b. Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in the Hotel Occupancy Tax Fund 1030; authorizing the transfer of $1,626,418 to the Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, $1,626,418 from the Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest earnings in the Convention Center 2002 CIP Fund, to fund the construction and expansion of the Convention Center (Ord. #025122). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse - Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project, subject to the appropriation of funds (M2002-399). PRIOR ADMINISTRATIVE ACTIONS: July 311 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CMArnd#2bkgExhA.doc EXHIBIT A Page 3 of 4 November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test, H:\HOM E\KEVINS\GEN\CONVCTR\EXPANSIO\CMAmd#2bkgExhA,doc EXHIBIT A Page 4 of 4 Article 14.2.1 Article 14.6 CONTRACT SUMMARY Amendment No. 2 City/Construction Manager-at-Risk Bayfront Convention Center Expansion and Rehabilitation Project 14.2.1 Amount of GMP are amended to read: Amount Of GMP. The amount of the GMP shall be Twenty Four Miltion Six Hundred Fourteen Thousand Forty Five and no/xx Dollars ($ 24,614,045.00}. 14.6 Certifications Relating to Pay Requests is amended to read: Certification Relatinq To Pay Requests. Each pay request shall bear the signature of Construction Manager's project manager, which signature shall constitute Construction Manager's representation to City that the Services and the Work indicated in the pay request have progressed to the level represented, have been properly and timely performed as required herein, that no Work has been covered contrary to the request of the City's Representative or the Architect, or contrary to any provision of the Contract Documents, that the Reimbursable Expenses and Subcontract Costs claimed in the pay request have been actually, necessarily, and reasonably incurred, that all obligations of Construction Manager covered by prior pay requests have been paid in full, and that, to the best of Construction Manager's knowledge, information and informed belief, the amount requested is currently due and owing, there being no reason known to Construction Manager that payment of any portion thereof should be withheld. Submission of Construction Manager's pay request for Final Payment shall further constitute Construction Manager's representation to City that, upon receipt from City of the amount requested, all obligations of Construction Manager to others incurred in connection with the Project will be paid in full within seven (7) days of such receipt. The Construction Manager will also submit required payroll reports, affidavit of payment and release of liens, labor, and suppliers and other contract closeout documents prior to release of retainage. In the event that City becomes informed that any of the foregoing representations by Construction Manager are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Construction Manager until the inaccuracy, and the cause thereof, is corrected to City's reasonable satisfaction. Required payroll reports will comply with General Wage Decision TX020063 06/07/02 TX63 attached as Exhibit 2-F. H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CMAgendaAmd2SumExht3.doc Exhibit B Page 1 of 1 File : \ Mproject \ councilexhibits \ exh4198.dwg NUECES BAY PROJECT LOCATZON LOCATION MAP NOT TO SCALE N N CONVENTION CENTER EXPANSION AND RENOVATION CONSTRUCTION /vl/WAGER AT RISK AWARD (AJ/IENDMENT NO. 2) CITY OF CORPUS CHRISTI, TEXAS CT_TY COUNCT_L EXHr_BZT DEPARTI~IENT OF ENGINEERING SERVICES PAGEt I of 1 DATE: 02-18-2003 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Chdsti, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: February 18, 2003 Agenda Item: (Caption as it should appear on the agenda) Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2 to the Contract for Construction Manager at Risk services contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Chdsti, Texas reducing the Guaranteed Maximum Pdce of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project. Amount Required: $ 24,614~045 d Name Fund Org. Account Project Amount No. No. No. No. ~e-~erClP Fund 3181 00000 550910 110710 ~24,614~045 Fund Convention C Total .~iously encumbered based on November 26, 2002 Motion No. 2002-399 Certification Not Required Director o~Fi~nancial Services Date: .-~, t ~ .0~ orpus. Christi