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Agenda Packet City Council - 04/29/2003
CITY COUNCIL AGENDA orpus Christi April 29, 2003 1:45 p.m. Proclamation declaring April 27 - May 4, 2003 as "Days of Remembrance" Proclamation declaring April 27 - May 5, 2003 as "Corpus Christi Children's Book Celebration Week" Proclamation declaring May 6, 2003 as "World Asthma Day" Proclamation declaring May 8, 2003 as "World Red Cross Day" Proclamation declaring the month of May, 2003 as "Direct Deposit and Direct Payment Month" "At Your Service" Award - City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 29, 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 dirigiree al Concilio y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espat~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or sen/ices are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor James Singleton, Faith Temple. 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 Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining __ City Secretary Armando Chapa __ Agenda Regular Council Meeting Apd129,2003 Page 2 E. MINUTES: Approval of Joint and Regular Meetings of April 22, 2003. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Community Youth Development Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two raading ordinance; or may modify the action specified. A motion to raconsider 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 raquested 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 raquiring 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 a supply agreement for approximately 6,500 tons of cold mix-cold laid asphalt, with Martin Madetta Materials, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0054-03 based on Iow bid for an estimated annual expenditure of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Apd129,2003 Page 3 o $180,375, of which, $45,093.75 is for FY2002-2003. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month pedods, subject to the approval of the supplier and the City Manager or his designee. The Street and Utility Departments will be using this material for the patching and repairing of City Streets. Funds have been budgeted by the Street and Utility Departments for FY2002-2003. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a twelve-month maintenance agreement with Hewlett-Packard Company in the amount of $36,708 for HP N4000 Enterprise Server hardware and operating system maintenance based on sole source. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a construction contract with Eagle North America of Evans, Georgia in the amount of $213,655 for the O.N. Stevens Water Treatment Plant North and South Lagoons Dredging. (Attachment # 5) Motion authorizing the City Manager or his designee to execute Change Order No. 1 in the amount of $44,355 with Malek Inc., of Corpus Christi, Texas for the City Hall Chiller Replacement - Phase 1 Project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with Third Coast General Contractors of Corpus Christi, Texas in the amount of $113,667.49 for the Regional Transportation Authority Bus Stop Miscellaneous Street Improvements, Phase 2. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a Utility Easement Instrument with Peterson Properties, Ltd., in the amount of $35,000, for Parcel 50, necessary for the Southside Water Transmission Main, Phase 2A, and for other municipal purposes. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Parker Construction of Portland, Texas in the amount of $50,602.50 for the Crystal Lane Drainage Improvements. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Apd129,2003 Page 4 10. 11.a. 11.b. 12. 13. First Reading Ordinance-Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: (Attachment # 10) On Callicoatte Road, (F.M. 1694): revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road south 1.391 miles (7,344.48') to the city limit line; and providing the penalties. Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/Ida Dollar Rent A Car Systems, Inc. at the Corpus Chdsti Intemational Airport, to hold harmless DTG Operations, Inc. from any environmental contamination ocourdng pdor to occupancy of the premises, for a term of up to twelve months. (Attachment # 11) First Reading Ordinance - Authorizing the City Manager or his designee to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/Ida Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operation, Inc. for any environmental contamination occurring prior to occupancy of the premises for the term of the long term lease. (Attachment # 11) Second Reading Ordinance - Amending the City of Corpus Chdsti Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" Landmark Zoning Designations and two (2) properties designated as Potential Landmarks; and amending the Comprehensive Plan. (Attachment # 12) (First Reading - 4/22/03) PUBLIC HEARINGS: ZONING CASES: Case No. 0303-01, Richard Hesse: A change of zoning from a "R- lB" One-family Dwelling Distdct to"B-4" General Business Distdct on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April29,2003 Page 5 14. being 4.71 acres out of Lot 9, located on the northwest corner of Yorktown Boulevard and Cimarron Boulevard. (Attachment # 13) Planning Commission's and Staff's Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Richard Hesse by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, from "R-lB" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0203~04, Harold Kronke: A change of zoning from a "R- lB" One-family Dwelling District to a "B-4" General Business Distdct on Tract 1 and "R-2" Multiple Dwelling Distdct on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. (Attachment # 14) (Tabled from 4-15-03 and 4-22-03) New Applicant Request: ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 2.720 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-1 B" One- family Dwelling Distdct to"B-1" Neighborhood Business District on Tract 1, being 1.71 acres and a "R-1B"/SP One-family Dwelling District with a Special Permit for three (3) duplexes on Tract 2 being 1.01 acres; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Planninq Commission's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April29,2003 Page 6 ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 2.720 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-1 B" One- family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (1.01 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 1.71 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-1 B" One- family Dwelling District to"B-4" General Business Distdct on Tract 1 (1.71 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Jm PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. The International Residential Code for One and Two Family Dwellings (Attachment# 15) 16. Bond Issue 2000, Quarterly Report No. 8 (Attachment # 16) K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17.a. Presentation of General Fund Five-Year Financial Forecast. (Attachment # 17) 17.b. Resolution reaffirming and amending financial policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April29,2003 Page 7 18. 19. 20. Motion approving the proposed Phase I Improvement for the Louisiana Parkway Master Plan. (Attachment # 18) Resolution endorsing the recommended FY2004-2006 Transportation Improvement Program (TIP) of the Metropolitan Planning Organization. (Attachment# 19) Resolution encouraging the Texas Legislature to allow San Patricio County to appoint a Commissioner to the Port of Corpus Chdsti Authority. (Attachment # 20) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN M= 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 ditfge a la junta y cree que su ingl~s es limitado, habra un int~rprete ingl~s.-espat~ol en la reuni6n de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 29, 2003 Page 8 21. 22. 23. 24. Nm 25. session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 regarding Mylett v. City of Corpus Christi, et al, Cause No. 01-5041-D, 105th District Court, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Mylett v. City of Corpus Christi, et al, Civil Action No. C-02-239, U. S. District Court, Southern District Of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28th District Court, Nueces County, Texas, with possible discussion and action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 78th Texas Legislature. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April29,2003 Page 9 26. CITY MANAGER'S REPORT 27. 28. O. NOTE: * 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 ~p.m(~ ~.~Ahpri125 , 2003. Armando Chapa City Secretary 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES I ~CONTINU~G PRIORITY ISSUES A~rport / Seawall / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bo~d,Issue Imnrovements Update status on Senior Centers. · Provide communication on completion of these projects (e.g, "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Priv#ti~atlon / Re-Emtineerin~, · Clearly define "privatization' and "re-engineering." · Make decisions regarding pfivatization 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 focns on park maintenance. Fln$ne~ · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. (~rime Control and Prevention · Continue implementataon of the Commumty Pohcmg lmtlatl e. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Hgalth Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic l~velopment Sales Tax · Establish election date. Storm Water UtiHtv · Reconsider implementation plan for a Storm Water Utility. Paggerv Chagmel · Continue quarterly repolts on the progress of the TIF and Beach Restoration Project. L~ndf'fll · Continue to evaluate the efficiency and effectiveness of operations. * Examine alternatives for solid waste management system, including privatization. l~temet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mall. · Continue active role. Frost B#n~k Buildin~ · Lease and complete renovation .t~nn~xation Plan Implement current island annexation plan ADA Transition plan · Develop and approve ADA Transition Plan within 90 days. Redistrietin~ . Develop Council.approved redistricting plan for the City of Corpus Christi In4ustrial District Contract · Review Industrial District contracts and determine date for approval Co#~aci~ Action Items · Staff completes action requests in a timely manner. C[ty/ Counw Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marke0ng of CC Mus~glnl~ and Colambas Ships · Continue m develop marketing plans for the Museum of Science and History and the Columbus Fleet City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods ~ *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnas-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/offmmps 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 JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND THE CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION April 22, 2003 - 12:00 p.m. CITY COUNCIL. Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Brent Chesney Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Javier Colmenero EDC BOARD MEMBERS AND STAFF Ray Hayes, Chairman Ted Puckett Gene Guernsey Joe Elizondo Bill Dodge Jim Barnette Ron Kitchens, President/CEO * Arrived at 12:45 p.m. ** Arrived at 12:20 p.m. *** Arrived at 12:15 p.m. City Staff Present City Manager George K. Noe Acting City Attomey Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Pro Tem Henry Garrett called the meeting to order on the Sixth Floor Conference Room of City Hall. City Secretary Chapa checked the roll and verified that a quorum of the Council was present to conduct the meeting. Mr. Ron Kitchens, President and CEO of the EDC, said that today's report would provide information on the roles of staff and the corporation itself. He said that the philosophy of the EDC is to provide meaningful employment to the area. Mr. John Plotnik, Vice President of the EDC, reported on his activities working directly with businesses who have expressed an interest in locating their business in the Corpus Christi area. He said that when the EDC was being developed, they interviewed successful companies who were located here and asked them why they chose Corpus Christi. They developed a recruitment program focusing on target industries like petrochemical, marine, aerospace and distribution centers. He said that the top two questions he hears from potential companies is if the city has a site available and what the labor force is like. He said the EDC makes 4,000 phone calls annually and travel~extensively to make contacts and educate companies on what Corpus Christi has to offer. Mr. Omar Garcia, Vice President, said that he leads the EDC's retention and expansion program. He reported that the EDC identifies companies in three different categories: core, primary and non-primary. A core company is defined as one that is a larger employer that has a base potential to increase a number of new jobs, such as Citgo and Flint Hills. Mr. Garcia said that the EDC visits with these companies at least six times a year. Primary companies are medium-sized Minutes - Joint Meeting with EDC April 22, 2003 - Page 2 companies that create jobs incrementally and non-primary companies are smaller, mom-and-pop organizations. A primary employer produces goods and services for customers predominantly outside the local area and create new wealth. Mr. Garcia said that the EDC also provides job training assistance, impediment removal, access to state programs and networking between programs to promote companies. Mr. Kitchens added that the main objective for making visits to each industry is to ask for referrals. Ms. Jill McKay, Vice President, said that she leads the human relocation program at the EDC. She reported that the goal of the human relocation program is to bring new residents to the area. The program addresses three primary concern: shortage of skilled labor, military families and difficult employment search for trailing spouses. Ms. McKay said that they send out a relocation packet to relocating families to provide them with timely and accurate information. For military families, they provide welcome briefings four times a year at Naval Air Station Corpus Christi. She said their resume distribution service and awareness program have been very successful. Mr. Kitchens also mentioned staff members Gabriela Torres and Sarita Martinez. Mr. Kitchens reported on several trends in the economic development arena. There has been more competition as of late, as cities are offering free buildings, cash grants and a pretrained workforce as incentives. He said that Corpus Christi's competitive niche is not that it is low cost but a high value. He announced that the Corpus Christi EDC has been named one of the top ten EDCs in North America. In response to Council Member Scott's question, Mr. Kitchens confirmed that there were 23,000 jobs created in the Corpus Christi area over the past three years. Council Member Chesney asked if this information was on the EDC's website and Mr. Kitchens responded affirmatively. Council Member Kelly asked if the relocation packets included information on schools, housing and daycare. Mr. Kitchens said that relocators don't usually focus on these things until after they move to the community. Council Member Chesney asked Mr. Kitchens to address concerns that the data he uses does not make sense. Mr. Kitchens replied that the population data he uses is complied by Claritas agency, a well respected agency. Chairman Ray Hayes commented that during a recent visit to Austin, he was pleased by the positive feelings about Corpus Christi, which has been doing relatively better economically than most cities in the state. He said that the board members and staffare committed to working very closely with the city. Council Member Scott asked Mr. Kitchens for a status on the Bollinger project. Mr. Kitchens said they have leased two ships to the Navy and they are working very well. He said funding for the project is in the President's budget and that Bollinger will probably select a site soon. Council Member Colmenero commented that there was a lack of awareness in the community about positive developments being expressed at today's meeting. Mr. Gene Guernsey, EDC board member, said that A1 Jones, an EDC board member, was scheduling a meeting with the new business editor of the Caller Times and other media to help spread the word about the EDC's accomplishments. Council Member Chesney asked that the EDC continue to provide the informational e-mails they were sending out. Mr. Kitchens said he would do so. There being no further business, Mayor Pro Tem Garrett adjourned the meeting at 1:05 p.m. on April 22, 2003. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 22, 2003 - 1:28 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Jose A. Ortiz of Our Lady of Perpetual Help Catholic Church and the Pledge of Allegiance to the United States flag was led by Council Member Melody Cooper. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the re.quired charter officers were present to conduct the meeting. Mayor Neal called for approval of the m~nutes of the regular Council meeting of April 15, 2003. Council Member Rex Kinnison noted that the minutes incorrectly listed the name of Mr. Bill Ward. A motion was made and passed to approve the minutes as amended. Mayor Neal referred to Item 2 and the following board appointments were made: Landmark Commission Geraldine McGloin (appointed) Park and Recreation Advisory Committee Clifford Bost (appointed) Gloria Aguilar (appointed) Gregory Perkes (appointed) Sister City Committee Sarah Hicks (appointed) Elizabeth Iglesias (appointed) Mayor Neal called for consideration of the consent agenda (Items 3-10). Council members requested that Items 5 and 10 be discussed. City Secretary Chapa stated that Item 6 was being withdrawn. There were no comments from the audience. A motion was made and passed to approve Items 3, 4, 7, 8 and 9, constituting the consent agenda, except for Items 5 and 10, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye" (NOTE: An emergency was declared for items 8a, 8b Minutes - Regular Council Meeting April 22, 2003 - Page 2 and 9b). 3. MOTION NO. 2003-151 Motion approving a supply agreement with Koch Materials of Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-0079-03, based on only bid, for an estimated annual expenditure of $40,760 of which $13,584 is for FY2002-2003. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for maintenance of city streets. Funds have been budgeted by Street Services for FY2002-2003. 4. MOTION NO. 2003-152 Motion approving supply agreements with the following companies for the following mounts for swimming pool chemicals in accordance with Bid Invitation No. BI-0077-03 based on low bid for an estimated annual expenditure of $42,540 of which $14,180 is for FY2002-2003. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Park and Recreation Department in FY2002-2003. Valley Solvent Corpus Christi, TX Bid Items 1 & 2 $35,010 Brenntag SW, Inc. Elmerdorf, TX Bid Items 3 & 4 $7,530 Grand Total: $42,540 ~ WITHD1L~WN 7. MOTION NO. 2003-154 Motion authorizing the City Manager or his designee to execute a construction contract with CamRett Corporation of Corpus Christi, Texas in the amount of $37,145 for the Buccaneer Little League Public Improvements, Phase 1 Re-Bid. 8.a. ORDINANCE NO. 025271 Ordinance authorizing the City Manager or his designee to implement the Participation Agreement between the City of Corpus Christi and Hogan Development Co., L.P., in the amount of $27,400 for construction of a Wastewater Service Line. Minutes - Regular Council Meeting April 22, 2003 - Page 3 8.b. ORDINANCE NO. 025272 Ordinance appropriating $27,400 from Hogan Development Co., L.P., in the No. 3430 Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park Wastewater Service Line Extension; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $27,400. 8.c. MOTION NO. 2003-155 Motion authorizing the City Manager or his designee to execute a construction contract to King-Isles, Inc. in the amount of $389,364.75 for the Bill Witt Park Wastewater Service Extension. 9.a. MOTION NO. 2003-156 Motion authorizing the City Manager or his designee to accept a grant in the amount of $121,114 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. 9.b. ORDINANCE NO. 025273 Ordinance appropriating $121,114 in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. Mayor Neal opened discussion on item 5 on the agenda regarding a construction contract for sewer line cleaning. Council Member Cooper asked how the areas to be serviced were selected. City Engineer Angel Escobar replied that the areas were prioritized through the wastewater department, focusing on the areas that actually have overflows into the streets. The Broadway area, which is one of the oldest areas in town is a high priority. Finally, those areas with the most maintenance related problems have also been prioritized. Ms. Cooper noted that it would be helpful to publicize which areas were going to be worked on to let the citizens know that some of their concerns were being addressed. Mr. Escobar said that he would be happy to give Ms. Cooper a list ofupc0ming projects as well. Council Member Kinnison asked why the low bid, which was $200,000 lower, was disqualified. Mr. Escobar responded that the bid was disqualified because it had insufficient bid bond. The city is required to obtain 5% bid bond of the total amount of the bid. Council Member Kinnison observed that this was probably a small amount. He asked if there was a way to help contractors to avoid minor mistakes so that the city does not have to spend more money. Mr. Escobar responded that the engineering department does provide training to contractors during the pre-bid conference, emphasizing exactly what is needed. He said that engineering staff provides training and support to the contractors, but ultimately it is their responsibility to ensure that their bid is complete. Mr. Kinnison asked why the main difference between the cost of the bids was in Area 1. Mr. Escobar said that the low-bid contractor is new to this type of work and has been trying to Minutes - Regular Council Meeting April 22, 2003 - Page 4 break into the Corpus Christi market. Council Member Noyola commented that he understood it was the contractor's responsibility to submit a complete bid, but he said that it was costing the taxpayers. He asked if the project could be re-bid or if the item could be tabled. Mr. Escobar said that the special provisions of the bid make it mandatory that he reject the bid for insufficient bid bond. The bid is considered non-responsive if it omits this element among others, such as a signature on the proposal, and he is not allowed to waive these provisions as required by law. Mr. Noyola made a motion to table this item for re-bids. The motion died for lack of a second. Mr. Chapa polled the Council for their votes and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". 5. MOTION NO. 2003-153 Motion authorizing the City Manager or his designee to execute a construction contract with Chief Environmental Surveys of Houston, Texas in the amount of $574,823 for the Miscellaneous Sewer Line Cleaning. Mayor Neal opened discussion on item 10 regarding the Motor Vehicle Thef~ Enforcement Grant. Council Member Garrett asked what percentage of that grant was allocated for salaries. He said that this program placed a great deal of strain on the impound lot. Chief of Police Pete Alvarez replied that the vehicles seized through this program are placed in the city's impound lot. However, they sell the vehicles at auction and use the proceeds to further the motor vehicle theft task force. He said that the bulk of the money does go towards salaries. Mr. Garrett asked if the grant money could be used to improve the impound lot, which he said was too small and susceptible to flooding. ChiefAlvarez responded that it was a good suggestion and that he would check the grant guidelines to see if this was an allowable use for the grant money. City Manager Noe added that staff recognized the inadequacies of the impound lot and had discussed the problem during this year's budget deliberations. If the grant funding was not available, he said that staff would ensure that it was placed on the capital project list funded through the next bond program. Council Member Kelly asked if staff was quantifying the impact the program had on auto thet~s. ChiefAlvarez replied that under the grant guidelines, the city is required to quantify the impact. He said he would provide the figures to Mr. Kelly, possibly in a City Manager's report. Mr. Chapa polled the Council for their votes and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10. RESOLUTION NO. 025274 Resolution approving the submission of a grant application in the amount of $485,662 to the Texas Automobile TheR Prevention Authority (ATPA) to continue the Motor Vehicle TheR Enforcement Grant within the Police Department for a third year. Mayor Neal deviated from the agenda and referred to Item 12, and a motion was made, Minutes - Regular Council Meeting April 22, 2003 - Page 5 seconded and passed to open the public hearing on the following zoning case: 12. Case No. 0203-04, Harold Kronke: A change of zoning from a "R- 1B" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. (Tabled from 4-15-03) Mr. Chapa said that this case had been tabled last week. Mayor Neal said that the Council had received a letter from Mr. Michael Gunning, Planning Director, asking that the item be tabled for another week. Mr. Gunning said that the applicant, Mr. Kronke, had hired an engineering firm to develop a drainage plan and then will meet with the neighborhood residents later this week to demonstrate how they will address these problems. He said the applicant would also be sending a letter to change their zoning request fi.om a "B-4" to "B-1 ", which would be more beneficial to the surrounding neighborhoods. Council Member Kelly asked engineering to check on including storm water drainage improvements to this section of Violet Road as part of the next bond program. Mr. Chapa noted that Council Member Scott was abstaining fi.om the discussion and vote on this item. A motion was made and passed to table this item for one more week with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal deviated fi.om the agenda and opened discussion on item 16 regarding the collective bargaining agreement with the Corpus Christi Police Officers Association (CCPOA). City Manager Noe said he was pleased with the spirit of cooperation between the city's team and the CCPOA members and the outcome. He said that the four-year contract provided a degree of stability in terms of labor costs for police during this time frame. Mr. Noe said he was informed by Lin'fy Young, CCPOA President, that the contract was presented to the association and it was approved by the membership last night. Mayor Neal said that he appreciated the cooperation between the two sides and said it was a good sign that they were moving toward responsible negotiation. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. MOTION NO. 2003-157 Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi a collective bargaining agreement with the Corpus Christi Police Officers Association effective May 1, 2003 through July 31, 2006, as negotiated by City and associated representatives. Mayor Neal deviated from the agenda and referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11.a. Public hearing to consider amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" - Zoning Designations and Minutes - Regular Council Meeting April 22, 2003 - Page 6 two (2) properties designated as a Potential Landmarks. Mr. Michael Gunning said that staff would like to amend the city's Preservation Plan, originally adopted in 1992, by adding four properties as part of the listing. The two properties to be designated as potential historic landmarks are located on 1008 Furman Avenue and 356 Merrill Drive. The four additional properties were zoned "HC" Historical-Cultural overlay districts and thus should be listed within the Preservation Plan as well. He said the amendments would bring the number of listed properties from 26 to 30. He said all the property owners in question had agreed to the potential landmark designations and "HC" designations. No one appeared in opposition to the recommended amendments. A motion was made and seconded, and passed to close the public hearing. Mr. Chapa polled the Council for their votes and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ll.b. First Reading Ordinance - Amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" Landmark Zoning Designations and two (2) properties designated as Potential Landmarks; and amending the Comprehensive Plan. Mayor Neal referred to the presentations on the day's agenda. Mr. Dan Whitworth, Director of Park and Recreation, said that the Commission on Children and Youth had adopted a Master Plan for 2003, and he introduced Ms. Gloria Jackson, Chairperson and Mr. John LaRue, Youth Commissioner, who would be making the presentation. Ms. Jackson noted that the rates of child abuse, truancy and the number of children living in poverty in Nueces County were greater than the state and, in some cases, the national rates. She said that to improve the situation, the focus must be on prevention and early intervention, along with an effective law enforcement and restitution system. She said that there have been some successes, and she introduced fellow commissioner Ms. Paula Rosenstein for a report. Ms. Rosenstein said that the commission's highlights included a training for ad liteum attorneys, establishment of a quality child care committee, and serving as advocates for the Juvenile Municipal Court and the Juvenile Assessment Center, which eventually were established. They also serve as the advisory council for the Family Life Center Pilot Project, a pilot program for at-risk students at Haas Middle School. Finally, the commission provides support for grant submissions. Ms. Jackson recognized that the commission's successes are due in part to their collaborations with many agencies and organizations. Ms. Jackson said that the commission targeted several issues in their master plan, including family conflict and maltreatment, juvenile crime and delinquency, inadequate educational attainment, and information and accountability systems. She introduced representatives from several service providers who support the commission's goals, including the Coastal Bend Alliance for Youth (CBAY), Youth Opportunities United (YOU), and the Social Science Research Center of Texas A&M University-Corpus Christi. Council Member Cooper asked how the commission was going to encourage organizations that work with children and youth to establish more family based activities as part of their programs. Minutes - Regular Council Meeting April 22, 2003 - Page 7 Mr. Whitworth said that the commission supports program enhancements to those agencies that are providing programs that will address those identified risk factors in the community. Ms. Cooper asked if they had compiled a database of agencies that would assist them in reaching this goal. Mr. Whitworth said that CBAY had such a list and they would be accessing it. Ms. Cooper said she supported the commission's goal but wanted to ensure that they would reach as many agencies as possible. Ms. Cooper asked about the commission's plan to encourage the establishment of a range of programs to prevent and intervene in situations of pre-teen and teenage battering. She asked if the programs were in existence or if they were new programs. Ms. Linda Hodge, Assistant Director of Programs in the Park and Recreation Department, said that CBAY is the commission's instrument in reaching other agencies to collaborate in meeting this goal. Ms. Cooper asked what legal services would be made available for juvenile delinquency. Mr. Whitworth replied that the services were linked to the Juvenile Assessment Center and referrals to Municipal Court. He also said that the ad liteum training for attorneys was also a way to provide legal services. Ms. Jackson concluded the presentation by inviting the Council to the Community Celebration Luncheon on May 16. Mayor Neal referred to the next presentation on the agenda regarding proposed city projects for the Metropolitan Planning Organization (MPO) Traffic Improvement Plan. Mr. Noe said that the items being discussed today would be coming before the Council again next week for approval and submission to the MPO. Mr. Escobar said that the MPO consists of the City of Corpus Christi, the Regional Transportation Authority, the City of Portland, the Port of Corpus Christi, Nueces County, San Patficio County and the Texas Department of Transportation. The MPO develops the Traffic Improvement Plan (TIP) for 2004-2006, which lists the capital improvement projects to be funded by both federal and state funds and matched with local funds. It is prepared every two years, providing projections for projects over three periods. The plan is formally approved and funded by TXDOT and the Federal Highway Administration. The projects are subject to funding on an 80/20 shared portion, 80% being state and federal funds and 20% being local funds. In December 2002, the MPO Policy Committee approved the draft TIP to allow each agency to provide input on projects they would like to see included. The current draft TIP, including the city's input, was approved by the Technical Advisory Committee on April 17. For FY 2004, the recommended projects include: ADA accessibility for South Staples Street between Leopard Street and Six Points, RTA facilities for various bus pads, and Up River Road between Hunter Road and Suntide Road (county sponsored). Mr. Escobar also presented a prioritized list of the city's future street needs as perceived by staff. In response to Council Member Scott's question, he said that the list was categorized in three priority levels (one being the highest and three the lowest) and by type (new construction, reconstruction or other street-related projects). Mr. Escobar said that the current draft TIP included two additional projects that staff was recommending, the FM 2444 (South Staples between Oso Creek and Chapman Ranch Road) and the SH 357 (Saratoga Boulevard between Crosstown to West of Greenwood) projects. TXDOT is sponsoring the FM 2444 project, providing the 20% match. To explain why the top priority projects, as shown in the future street needs assessment, were not included in the TIP, Mayor Neal said that the April 2002 draft of the TIP was used to form the basis of the city's CIP. He said that the city had prioritized the projects identified in the future street needs list, for which there is no funding. The city's task today is to identify projects to include in the TIP to become eligible for MPO state and federal matching funds. He said that the city did not Minutes - Regular Council Meeting April 22, 2003 - Page 8 normally include a large, high dollar project, like the Aaron Drive project identified as a top priority under new construction, because it would exhaust almost all the available funding for only one project. Currently, there is approximately $6 million in MPO funds. He said that future discussions regarding the next bond program would hopefully give the city the opportunity to select more projects from the list. For FY 2005, the TIP includes the following projects: ADA accessibility on South Staples from Six Points to Louisiana, FM 624 from LIS 77 to River Hills Drive, Adkins Drive (Lang Road to Wildcat Drive), RTA Facilities (various bus pads), County Road 52 (US 77 to FM 1889), Holly Road (Crosstown to Greenwood) and Port Avenue (IH 37 to Mesquite). The Technical Advisory Committee recommended adding the Holly Road and Port Avenue projects. For FY 2006, the TIP is recommending the following projects: Cimarron Road (Saratoga to Yorktown), SH 358 (SPID), ADA accessibility (Downtown), South Loop corridor (Feasibility Study and Environmental Assessment) and RTA facilities (various bus pads). Mr. Escobar concluded his presentation by saying that the Transportation Policy Committee will act on the FY04-06 TIP on May 1, 2003 and then it will be transmitted electronically to TXDOT. In October 2003, the Federal Highway Administration will approve and then fund the projects. Council Member Colmenero observed that most of the projects being chosen are arterials. Mr. Escobar confirmed that the focus was on projects that were arterials and collectors. In response to Mr. Colmenero's question, Mr. Escobar said that staff is trying to be as creative as possible in determining uses for the funds. He said that for the Port Avenue project, for example, the city may be able to use 4A funds to sponsor the local match because improvements to Port Avenue would aid the economic development of the area. Council Member Scott questioned the use of 4A funds for Port Avenue. Mr. Noe said that one of the options for funding the redevelopment of the North side could be 4A funding, but it wasn't a set commitment. Mr. Ron Massey, Assistant City Manager, said that the inclusion of the Port Avenue project in the TIP does not make a decision on how the city will fund the 20% match. Mr. Scott asked why Waldron Road in front of Flour Bluff High School did not make the TIP funding list. Mr. Massey responded that staff is trying to focus MPO funds on capacity improvements. He said the Waldron Road project would be a good candidate for a bond issue project. Council Member Noyola asked that Bear Lane between Old Brownsville Road to Joe Mueller Road could be added to the list for consideration. Council Member Bill Kelly commented that improvements to Port Avenue would be necessary to improve access to the baseball stadium. He said that Port Avenue improvements are an integral part of the project. He said he did not think it was inappropriate to use 4A funds for Port Avenue improvements. He also said that he thought Buddy Lawrence Drive was in terrible condition and he was glad that it was included on the future street needs list. Mayor Neal referred to the next presentation on the agenda, regarding the Padre Island desalination plant. Mr. Escobar said that this was the first briefing on the plant to provide the project feasibility study and siting plan. The final assessment and findings will be presented to the City Council in June 2003. He introduced Mr. John Heckler with Carollo Engineers who would be providing the report. Mr. Heckler said that the project objectives included improving the reliability Minutes - Regular Council Meeting April 22, 2003 - Page 9 of water supplies to Padre and Mustang Islands, providing additional capacity, providing cost- effective solutions and meeting the city's schedule for improvements. He identified several tasks that had to be evaluated and addressed. The first task was to identify the hydrogeology and soume water options to be had in the area. Mr. Heckler said that the Chicot Aquifer, the Evangeline Aquifer and the Gulf of Mexico itself were the three sources in the area that could sustain reverse (RO) osmosis production rates of up to 5 million gallons per day (MGD). He said that the Chicot Aquifer, since it had the lowest salinity concentration, would have the highest recovery rates with the smallest facility footprint for the treatability. He said that the team was surprised to discover that the Evangeline Aquifer and the Gulf of Mexico water would cost about the same to treat. He said that by-product disposal is a challenging aspect of the project and that the preferred methods would be ocean outfall and deep well injection, the latter being commonly used in this area. The issues involved in by-product disposal are working with local experts to avoid impacts on wildlife and wetlands and the permitting lead time, which is averaging 13 - 15 months. He said that the permitting project is dependent on the site location and final design of system components. Mr. Heckler said that the most expensive component of the project is the treatment component. His team attempted to find ways to produce a water delivery system that would minimize the treatment cost. One method would be to maximize storage capacity at the island. He said that the method that has the most merit is aquifer storage and recovery (ASR). It involves storing treated water during times of low demand in the winter, generating a "bubble" within the existing aquifer. He said it could reduce the capital cost ora treatment facility by half and still meet peak demands. Council Member Scott asked if the water in the "bubble" was treated and if so, would it need to be treated again upon usage. Mr. Heckler replied that the water was treated and would only need to be disinfected. Council Member Colmenero asked if the geology on the island would allow this type of system. Mr. Heckler replied that it does appear the geology has a high potential for the application of ASR. He concluded that the team's goal was to form a balance between minimizing treatment costs and maximizing storage to make the project more viable. Regarding the facility siting, he said that it has not been completed. Sites under consideration include the Padre Island Pumping Station, the Nueces County Packery Channel Park and the city-leased General Land Office parcel. He said that the finished water transmission alternatives would best be evaluated at the end when the site recommendation was ready to be made. Under public involvement, the team identified several key issues that the community had expressed, including property and environmental/quality of life impacts, water availability and water pressure and the project cost. He said that more forums are being scheduled to develop a long-term public outreach plan. For funding options, he cited grants, United States Bureau of Reclamation opporttmities for demonstration project and potential research funding. He also emphasized that the project has a unique pay-as-you-go feature, tailored to the community's needs. The project delivery could include the traditional design-bid-build process, which is currently not allowed for utility projects but pending legislation could change that. Public-private partnerships would also be an option. Finally, he said that the team would be ready to deliver their recommendations to the Council on June 24, 2003. The project completion date is anticipated for December 2006. Council Member Scott asked what the source of the water would be. Mr. Heckler said that the most favorable source at this time is the Chicot Aquifer. Mr. Scott asked if the by-product from the Chicot Aquifer would have to be disposed of three miles away by pipeline, for example. Mr. Heckler said that at the moment, the most favorable way of disposing the water would be through Minutes - Regular Council Meeting April 22, 2003 - Page 10 deep well injection. In reply to Mr. Scott's question, Mr. Heckler said that by-product disposal is the second largest single cost of the project. Mr. Scott asked about the stability of the project during a hurricane. Mr. Heckler replied that the RO facility is in a fairly resistant structure. Mr. Ed Garafia, Water Superintendent, said that the island would have low demand for water right after a hurricane. He said the demand would be fed temporarily off the existing pipeline until staff could resurrect the primary source. He said the ASR would be resurrected first because it is the easiest and then the RO Plant would be addressed. Mr. Scott asked where else the ASR process was being used. Mr. Scott asked if there was a noise factor involved. Mr. Heckler replied that the facilities can be enclosed to the point that there is no sound or vibration. Council Member Cooper asked for more information on funding sources. Mr. Heckler named the Bureau of Reclamation and the Power Research Institute, and private funding. In answer to Ms. Cooper's question, Mr. Massey said that the assumption is that the city will be funding the project through the capital budget for water. Council Member Kinnison asked what costs to the consumer would not be pass through costs. Mr. Massey replied that the cost of water from the plant would qualify for inclusion in the raw water cost. A portion of the water would be classified as treated water and would be included in the water rate calculation. He asked what the water consumption on the island is now. Mr. Garafla answered that it was 2-3 MGD but that they were asking for a facility that would produce 5 MGD to account for future growth. Mayor Neal asked if the anticipated maximum capacity for the Chicot Aquifer could reach 30 MGD. Mr. Andrew Chastain-Howley with Carollo Engineers, said he thought that was realistic, depending on the withdrawal facilities. He said the real issue was how many wells it would take to extract the water. Mayor Neal said that moving towards Port Aransas, there are many master development plans being developed for the island and he is t~ing to plan for the future by seeing how much water capacity is available from the proposed RO plant. Mr. Heckler said that one of the benefits of ASR is that you can use it at the point of demand. He said that staff and his team are also planning for the potential growth on the island. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 17. Executive session under Texas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and Mayor Neal called for the City Manager's report. Mr. Noe reported that staffwould be presenting the financial policies review and the five- year financial forecast next week. A update on Bond 2000 and a presentation on the new building code were also being scheduled. He also noted that the Council Retreat is scheduled for May 6 and a joint luncheon is scheduled on May 13 with the Regional Transportation Authority. Minutes - Regular Council Meeting April 22, 2003 - Page 11 Mayor Neal called for Council concerns and reports. Mayor Neal asked if the city was assisting the military with their electrical and utility costs. Mr. Massey answered negatively. Mayor Neal said that he understood that the military was going through a bidding process on their utilities and he asked staff to investigate. Council Member Chesney said that the next town hall meeting would be held on Monday, May 5 at 6:00 p.m. at Schanen Elementary. He also mentioned that Club 98.3 was having a Support Our Troops rally tomorrow at Cole Park and invited the citizens to participate. Council Member Noyola also encouraged citizens to attend the Support Our Troop Rally. He mentioned that a former city employee of thirty-three years, Mr. Guadalupe Quintero, had passed away. Council Member Kelly said that he read two letters fi.om residents on Crestwater and Lawnview concerned about the deterioration of the sidewalks on their streets. Mr. Noe confirmed that the city was not going to replace the sidewalks. He also asked about a letter from a woman residing on Bayou Court who was complaining about water pooling in front of her home. Mr. Noe said that there was a substantial waiting list for curb and gutter improvements because of limited funds. Council Member Scott asked if the Council could have a joint luncheon with the Downtown Management District. Mayor Neal said he thought it would be a good idea. Mr. Scott asked about the single-occupant residents and the elimination of parking requirements, saying that the Downtown Management District had an issue with this. Mr. Noe said he would follow-up on this matter. He complimented the city and the police officers association on their agreement. He complimented Mr. Noe on statements he made at the Economic Development Corporation luncheon about working with the EDC. He asked if staff had met with the Pharaoh Valley Association regarding the Oso Treatment Plant. Mr. Massey said that Wastewater Superintendent Foster Crowell had spoken with the president of the association and is in the process of setting up a date. He asked for a status on the installation of park equipment at Pharaoh Park. Mr. Dan Whitworth, Director of Park and Recreation, said he has given them a schedule for the installation and he believes that May 19 is the date for installation. Mr. Scott complimented Mr. Whitworth on the National Little League's facility lighting. Finally, Mr. Scott complimented everyone involved with the Packery Channel project. Council Member Cooper said that she has reviewed Mr. Tom Utter's contracts and she says that as an attorney, she feels that they are in order. She asked staff to look into a constituent concern made by Mary Pantoja on 3425 Longview, who says that the city damaged her driveway. Council Member Chesney asked again if the city was in compliance with TM_RS rules regarding Mr. Tom Utter. Acting City Attorney Jay Reining said that the city was in compliance. He also asked for a status on the Landry's project. Mr. Noe said that the two legal teams are negotiating and he will report back to the Council on their schedule. Mr. Chesney asked if staff had followed up with the Air Conditioning Association concerns. Mr. Noe said that there was a memo in the Council's packet this week addressing some of their concerns. Council Member Colmenero asked if, in preparation for the Council retreat, staff could prepare maps on TIP, residential and any other major projects so that the Council could consider Minutes - Regular Council Meeting April 22, 2003 - Page 12 them for not only this fiscal year, but future fiscal years. Mr. Noe said that staffwould probably not be able to compile this information in time for the May 6 retreat. Mr. Colmenero asked for some preliminary figures if possible. He also asked for a list of ADA needs. Mr. Noe said that the transition plan which the Council adopted several months had a detailed listing of the highest priority ADA improvements. He said he would provide it at the retreat. Mr. Colmenero also asked for information on park maintenance to review at the retreat. Council Member Garrett commended Mr. Noe for the contract with the Police Officers Association, saying that it seemed to be a fair contract for both sides involved. He asked for a status on the 16 houses on McArdle Road that the city was going to purchase. Mr. Escobar reported that the houses had been purchased and the last of two residents had moved out of their houses. He said the project was on schedule. Mr. Garrett asked Mr. Noe to look into the ADA ordinance for this project. Mayor Neal called for petitions fi.om the audience. Mr. CliffAtnip, 358 University, spoke regarding the Second Baptist Church lawsuit, asking the city to consider settling the lawsuit or allowing the case to go to court. Mayor Neal said that he has asked Mr. Noe to place this issue on the agenda for next week. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:15 p.m. on April 22, 2003. 2 au COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - Four (4) vacancies with terms to 8-31-03 and 8-31-04, representing the following categories: 1 - 78415 resident and 2 - Youth members involved in the Youth Action Committee. (Note: Since the 8-31-03 term will expire soon, staff is recommending that the Council automatically reappoint those members to another term) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (I 1) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is emuloved bv the Fiscal A~ent (City of Corous Christi) or any organization submittin~ a orooosal for funding through the CYD Program, or their im mediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2003, unless funds for the program end sooner. MEMBER TERM ORIGINAL APPTD. DATE Verla Gene Varino (78415 res.),Chair * Rafael Alvarez (78415 Res.), Vice-Chair Dick Leonard Kimberly K. Rhodes (78415 ResidenO Bobbe J. Cummins-Colburn Andrea Walter * Roxana Arevalo Cynthia Rodriguez (78415 ResidenO Emmelinda Figueroa (78415 Resident) VACANT (Youth) VACANT (Youth) 8-31-04 9-12-00 8-31-03 2-13-01 8-31-04 4-25-00 8-31-04 8-21-01 8-31-03 8-21-01 8-31-03 8-21-01 8-31-03 2-13-01 8-31-04 12-17-02 8-31-04 8-27-02 8-31-03 8-31-04 * Resigned NOTE: Mr. Rafael,41varez (78415 resident) is seeking reinstatement to the committee. He resigned to care for an ill family member but now says that he will be able to participate. Mr. Alvarez had an 83% attendance recortL The Community Youth Development Steering Committee is recommending the appointment of Coretta Graharm H:\SEC-DIR\SHAREDkBOARDS~PACKETS\04-29-03.wpd, p. 1 INDIVIDUALS EXPRESSING INTEREST Katie Childs Student, South Park Middle School. Recipient of the President's Award in the 5th grade. Activities include: member of Leo's Club and self-employed baby-sitter. (Youth) (4-25-03) Coretta Graham Juvenile Prosecutor, Nueces County District Attorney's Office. B.A. from Rutgers University and J.D. from Thurgood Marshall School of Law. Member of St. John's Baptist Church and the State Bar of Texas. Her background is in management and organization. (4-15-03) Vanessa Reynolds Freshman, Ray High School. Activities include: Communities in Schools, Leo's Club, Knights of the Round Table, and Theater Arts. Has been on the Honor Roll from 1 ~ through 8th grade. (Youth) (4-25-03) Megan Welch Office Manager, Moffitt & Associates Inc. B.B.A. in Management fi.om Texas A&M University - Corpus Christi. Member of the Corpus Christi Business & Professional Women's group, Delta Delta Delta, Society of Human Resources Management, the American Cancer Society and the Coastal Bend AIDS Foundation. (4-24-03) H:\SEC-DIRXSHARED~BOARDS~PACKETS\04-29-03.wpd, p. 2 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for approximately 6,500 tons of cold mix-cold laid asphalt, with Martin Marietta Materials, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0054-03 based on low bid for an estimated annual expenditure of $180,375, of which, $45,093.75 is for FY 02/03. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designe~. The Street and Utility Departments will be using this material for the patching and repairing of City Streets. Funds have been budgeted by the Street and Utility Departments for FY 02-03. ********************************************************************************** Background: Purpose: This material is used to repair streets after utility cuts are made by the Water, Gas, and Wastewater Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. Previous Contract: The option to extend the previous contract was exercised requiring new bids to be received. Bid Invitations Issued: Two Bids Received: Two Pricing Analysis: When compared to the last bid of 2000, pricing has decreased approximately 3%. Award Basis: Low Bid Funding: Department Street (Services) Water Wastewater Gas ~r ioCchura ;lmBean;r ~la~ ~'ePl~ ~~S e r v i c e s M a n a g e r Account 520130-1020-12420 520130-1020-12430 520130-4010-31505 520130-4200-33400 520130-4130-34110 Total Amount $ 4,275 59,850 92,962 18,037 6,937 $182,061 CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION 4/22/2003 Bid Invitation No. BI-0054-03 COLD MIX - COLD LAID ASPHALT Buyer: Maria Garza Vendor QTY UNIT UNITPRICE TOTAL PRICE Martin Marietta Materials Corpus Christi, Texas 6,500 Ton $27.75 $180,375.00 -" Vulcan Construction Materials, LP 6,500 Ton $29.56 $192,140.00 San Antonio, Texas 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/2912003 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month maintenance agreement with Hewlett-Packard Company in the amount of $36,708.00 for HP N4000 Enterprise Server hardware and operating system maintenance based on sole source. BACKGROUND: On October 31,2000, City Council authorized purchase of the HP N4000 Enterprise Server server from the Texas Department of Information Resources based upon the State cooperative purchasing agreement. The PeopleSoft Financials, Human Resources, and Payroll systems are being run from this server as is the Fleet's M4 system. Hewlett-Packard has submitted Quote 393576799 for server CP000SBMY100240 for $36,708.00. Hewlett-Packard is the sole provider of hardware and operating system maintenance for this server. According to Local Government Code 252.022(a)(7)(D), this is a sole source procurement. Legal staff has already reviewed this quote. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: None. FUNDING: Funding will be provided as follows: · MIS Fund $36,70800 CONCLUSION AND RECOMMENDATION: Staff recommends the purchase of twelve months hardware and operating system maintenance from Hewlett-Packard for the total amount of $36,708.O0. Ogilvie Gericke Director of Information Systems 5 AGENDA MEMORANDUM DATE: April 23, 2003 SUBJECT: O.N. Stevens Water Treatment Plant North and South Lagoons Dredging (Project No. 8441) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $213,655 with Eagle North America of Evans, Georgia for the O. N. Stevens Water Treatment Plant North and South Lagoons Dredging. ISSUE: Sludge is the mud precipitate produced from the clarifiers during the river water settling process in the four sedimentation basins. Periodic maintenance is necessary to remove the settled material. Failure to remove the material on a regular basis would result in maintenance and process problems for the Plant. FUNDING: Funds for this project are available in the FY 2002-2003 Water Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. I ~rg~ R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map H:/USERS2\HOME/VELMAR/GENIWATER/ONS/844 I'~GEN DA MEMO AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant North and South Lagoons Dredging (Project No. 8441) PRIOR COUNCIL ACTION: PRIOR ADMINISTRATIVE ACTION: 1. June 28, 2002 - Approval of Small Agreement For Architect/Engineer Consultant Services in the amount of $24,800 with Smith Russo & Mercer Consulting Engineers for the O. N. Stevens Water Treatment Plant North and South Lagoons Dredging. 2. September 5, 2002 - Approval of Agreement For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services in the amount of $3,000 with Trinity Engineering/Kleinfelder for the O. N. Stevens Water Treatment Plant North and South Lagoons Dredging. BACKGROUND INFORMATION: Sludge is the mud precipitate produced from the clarifiers during the river water settling process in the four sedimentation basins. Periodic maintenance is necessary to remove the settled material. Failure to remove the material on a regular basis would result in maintenance and process problems for the Plant. PROJECT DESCRIPTION: The project consists of removal/dredging approximately 59,000 cubic yards of water plant sludge from the north lagoon and approximately 55,0000 cubic yards of water plant sludge from the south lagoon and placing it in the Wash Water Recycle Basin located at the O. N. Stevens Water Treatment Plant in accordance with the plans, specifications, and contract documents. BID INFORMATION: Bids were received on April 9, 2003 with five (5) bidders submitting proposals. The bid proposal was set up with a Base Bid and a Deductive Alternate. The Deductive Alternate specified 24-hour, seven (7) days per week operation. The Base Bids range from $213,655 to $445,760, with Eagle North America of Evans, Georgia submitting the Iow Bid. The City's consultant, Smith, Russo & Mercer Consulting Engineers, and City staff recommend a contract be awarded to Eagle North America of Evans, Georgia for the Base Bid in the amount of $213,655. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by August 2003. FUNDING: Funds for this project are available in the FY 2002-2003 Water Operating Budget. EXHIBIT "A" Page 1 of 1 H !US E RS2\HOME\VE L MAR/GEN/WATER/ONS/844 I~GENDA BACKGROUND O. N. STEVENS WATER TREATMENT PLANT NORTH AND SOUTH LAGOONS DREDGING (Project No. 8441) PROJECT BUDGET April 23, 2003 FUNDS AVAILABLE: Water Operating ........................................................................... $274,220.50 FUNDS REQUIRED: Construction (Eagle North America of Evans, GA) .............................. Contingencies (10%) ..................................................................... Consultant (Smith, Russo & Memer Consulting Engineers) .................. Major Projects Activity .................................................................. Construction Inspection Activity ...................................................... Testing (Trinity Engineering/Kleinfelder) ............................................. Miscellaneous (Printing, Advertising) ................................................. Total .......................................................................................... $213,655.00 21,365.50 24,800.00 2,500.00 7,400.00 3,000.00 1,500.00 $274,220.50 EXHIBIT "B" Page 1 of 1 TASULAHON OF EM DEPARTMENT OF ENGMEERMG. CRY OF CORPUS CMM TEXAB TABULATED BY.'Am9M R EmmWr, P.E., OMw.6U faVkmet Ummm DATE Wd-.ft APrfi%M5 EN6MIMR3 ENTIMATC• $32%MM TME OF COMRETION: Sa COLOrym J. O. N. STEVENS WATER TREATMENT RANT ERGNm AmMmlm S""MdTwrm-CORM- Oyx ftds wSwvl a Inc LM$*fThywww Lit. DimO9mAmes DREDGING OF THE NORTH AND SOUTH LAGOONS BIOS Form Co i&m Bmaq Drlw.SPr lm IM NUM Hwy. 1M lmsq,tUSa PROtEC"O."m EUU. GA 30!09 HmMIM TX 77067 L Po%TX 7767/ Hmpm4 7X77020 pees MW Mmy.N Krr CIry.MOatei RFlA DESCRN"M GTT. DNR toorF7mCE AMOUNT —NFP—R=-7 AMOUNT —Uk—pia—c—il AMOIIM UNTTPRICE- AMOUNT M vDwnot n, mwPlebm ptwm UTS7RODE mmm 1 Pmb....m� 1 LS. 73MA71.00 S31A71.00 S3o231A0 530�'Stm $M.M.00 S2q?2p.00 $24AOO o STAADDm $06A0400 SM.O0n00 Orw603q NPrM Lw9Pm, mmq mPmm pw' 2 a0A00 .0 Y. 5129 Mom 57.05 $a4720.OD $1.47 $98ADM 82M $IftlaDAo 602! $167.aSao0 Mwo SOOMLwmm,mmgwbMpwmamr 3 SBA00 C.Y. Sim SmAaom 57.09 $NAM.W $1.67 MASOM $226 SIM.7aDAO $taw i15a.20O.00 Mabm� OarwR We1m PUm Poe (nmy rid be mea), movkft m ptem IHA00m 6t.0pD.00 50,12a.m $0.12400 50,150.00 $9.150.00 a.ewm $3200m $todomm S1OA" Dw Wm P.nVk ,meLpm.mrwt(7) dw AUMr. 2e bmwyewl'. I Am 9� b iaamn b PnSabnrtlrPn BUM "w m M WMA 5 mnO.. mpwP wiwMB a Wa uSM.m $1a20400 $12000.00 $"A"m $tommm 550.720.00 $1400Ao womm $4.02400 I SWA00= eam dtwtwhiip now lM o0d Mae babveam M M bdt aN Nma1 wrd SwMLepomw, (mry riot lb toed!, mmplela M _ 8 plmm bw..r+ t LB. $SAlam $T,91a.o0 $QDw4DD S0.Dp3.DD i19A16m S10A76m S3m0.0D J3.a00Ao i10A00A0 610.O000p TOTALMASEMME01.0 mia54o0 $26UK00 5310,27L00 j34490a0o Sllgreaap DeemcmbmATMUU 1 Dw06dMAft n tm MItmw.7deywper I 1 weep OTlereBm, mnlplrA•M pmmpw-kmx M 7 LS. 50.00 SO.DO 10.00 rorar. mLT330NATNEI Saa9 SOm f0.00 9Dm $2a.000.W Sm.0aom J4OOom 635„OOOm 10.00 $nae S2tiaaGM Sae(aaGaD J. ~ Mproject \ councflexhlbite ~ exh8441.dw~ O.N. STEVENS WATER TREATMENT PLANT 13101 UP IWVE~ ROAD CORPUS CHRIS~I BAY ccJ. N~ NOT TO SCALE PLANT ENTRANCE PROJECT Sr_ TES PROJECT # 8441 O. N. STEVENS PLANT NOT TO SCALE EXH£BZT "D" O.N. STEVENS WATER TREATMENT PLANT NORTH AND SOUTH LAGOONS DREDGr_NG CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIB.TT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04-16-2003 t~ 6 AGENDA MEMORANDUM DATE: Apd[ 29, 2003 SUBJECT: Change Order - City Hall Chiller Replacement- Phase 1 - Project No. 4214 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 in the amount of $44,355.00 with Malek Inc., of Corpus Christi for the City Hall Chiller Replacement - Phase 1 project. FUNDING: Funds for this project are available from proceeds from the Maintenance Service Fund FY2002-2003 Budget. RECOMMENDATION: Approval of the motion as presented. I~n tiny i~'~'aSn c e~(/!rvic~ic~ees Superintendent scobar, P. E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map ADDITIONAL INFORMATION PROJECT DESCRIPTION: The project will result in the replacement of two (2) existing 243 natural gas absorption water chillers with one (1) 250 ton natural gas absorption water chiller and one (1) 200 ton natural gas absorption chiller with necessary controls, electrical, pumps, and piping modifications. This configuration will allow for improved efficiency in addressing base and peak cooling load requirements. Gas absorption technology is well established, and has improved substantially since the units being replaced were installed. The two replacement units are capable of 200 and 250 ton each. This will allow a "lead-lag" operation of chiller usage based on demand. The new units are also capable of operating between 30 and 100 percent of the rated capacity. CHANGE ORDER: The proposed change order provides for the installation of an advanced chiller control software and hardware system. The system provides for improved system control and automatic adjustment to optimize energy consumption and interior environmental conditions. The system has increased the operating life of systems by allowing them to operate more efficiently. The system has successfully operated in locally owned buildings. Staff reviewed the system in Wilson Plaza and found that it would operate well with the new chillers. PRIOR COUNCIL ACTION: July 24, 2001 - Approval of the FY2001-2002 Annual Budget, Ordinance No. 024528. April 23, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering in the amount of $96,900 for replacement and upgrade of the City Hall Heating Ventilation and Air Conditioning Chillers and Control System (Motion 2002- 109). December 10, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $559,214.00 with Malek Inc., of Corpus Christi for the City Hall Chiller Replacement ~ Phase 1 2002 (Motion No. 2002-407). PRIOR ADMINISTRATIVE ACTION: May 22, 2002 - Award of Amendment No. '1 providing for engineering services with Bath Engineering to be phased with a Phase 1 chiller replacement fee of $54,000 and a Phase 2 allowance fee of 42,900 for HVAC distribution, control systems and terminal unit repaidreplacement modifications. FUTURE COUNCIL ACTION: Award of a construction contract for HVAC distribution, control systems and terminal unit repair/replacement modifications. EXHIBIT "A" 1 Page 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET APRIL 21,2003 PROJECT: CITY HALL CHILLER REPLACEMENT- PHASE 1 Project No. 4214 APPROVED: COUNCIL MOTION No. 2002-407 APPROVED 12/10/02 CONTRACTOR: Malek, Inc. P. O. Box 679 Corpus Christi, TX 78403 TOTAL CONTRACT AMOUNT...: .................. 25% Limit Amount .......................................... 559,214.00 139,803.50 Change Order No. 1 (04/28/03) ..................... Total ............................................................... 44,355.00 44,355.00= 7.9% < 25% Exhibit B Page 1 of 1 File : \Mproject~councilexhibits\exh4214.dwg LOCATION AGNES -- CHRIS~ ~ LOCATION ~P NOT TO ~CALE k ANTE LOP .-- ..... CI~ HALL BLDG. _ m < ~ ~ LIPA I < o z z ~ ~ ~ < COM ~NCFE ~ Ben ~Pork ,'- VICINITY ~P NOT TO SCALE OITY PROUEOT No. 4~14 EXHIBIT "C" CITY HALL CHILLER REPLACEMENT- OITY OOUNOIL EXHIBIT DEPARTMENT OF ~NGINEERING SERVICES PHASE 1 PAGE: 1 of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-29-2003 7 AGENDA MEMORANDUM DATE: April 24, 2003 SUBJECT: RTA Bus Stop Miscellaneous Street Improvements, Phase 2 · Leopard Street at Stillman (Project No. 6190) · Leopard Street at Jamison (Project No. 6183) · Leopard Street at Westchester (Project No. 6184) · Leopard Street at Kennedy (Project No. 6192) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $113,667.49 with Third Coast General Contractors for the RTA Bus Stop Miscellaneous Street Improvements, Phase 2. ISSUE: The City and RTA have identified various City streets where bus stop improvements are required. FUNDING: Funds to finance the project are available in the FY 2002-2003 Street Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ['~el R Escobar, P E, ' ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map H:/USERS21HOME/VELMAR\GEN\STREET~6183 RTA PHASE 2~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: RTA Bus Stop Miscellaneous Street Improvements, Phase 2 · Leopard Street at Stillman (Project No. 6190) · Leopard Street at Jamison (Project No. 6183) · Leopard Street at Westchester (Project No. 6184) · Leopard Street at Kennedy (Project No. 6192) PRIOR COUNCIL ACTION: 1. July 13, 1999 -Approval of an Interlocal Governmental Agreement with the RTA for street improvement purposes (Resolution No. 023693). 2. July 13, 1999 - Ordinance appropriating $500,000 from the RTA in the No. 3530 Street Capital Projects Fund for the Special Projects 1999 Street Improvement Program; amending Ordinance No. 023474, which adopted the FY 1998-99 Capital Budget, by adding $500,000 to the No. 3530 Street Capital Projects Fund; and declaring an emergency (Ordinance No. 023694). 3. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $49,090 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2000-134). 4. April 17, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes (Resolution No. 024423). 5. May 8, 2001 - Ordinance appropriating $500,000 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects 2001 Street Improvement Program; amending the FY 00-01 Capital Budget adopted by Ordinance No. 024162 by adding $500,000 to the Street CIP Fund; and declaring an emergency (Ordinance No. 024436). 6. May 15, 2001 - Ordinance appropriating $331,625 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for Special Projects 2000 Street Improvement Program; amending the FY00-01 Capital Budget adopted by Ordinance No. 024162 by adding $331,625 to the Street Capital Improvement Fund (Ordinance No. 024454). 7. May 15, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2001-190). EXHIBIT "A" Page 1 of 3 H:IUSERS21HOME\VELMAF~IGENISTREET~6183 RTA PHASE 2/AGENDA BACKGROUND PRIOR COUNCIL ACTION (continued): 8. June 25, 2002 - Ordinance appropriating $500,000 into the Street CIP Fund No. 3530 from the Regional Transportation Authority for the RTA 2002 Special Projects Program, increasing Fund No. 3530 appropriations by $500,000 and declaring an emergency (Ordinance No. 024918). 9. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 3 to the Consultant Contract with Shiner, Moseley & Associates, Inc. for a total fee not to exceed $52,020 for the RTA Miscellaneous Street Improvements Project (Motion No. M2003-077). PRIOR ADMINISTRATIVE ACTION: 1. Au.qust 19, 2002 - Executed Small A/E Agreement for Arohitect/Engineer Consultant Services with Felix H. Ocanas, Jr., P. E. for a total fee not to exceed $16,000 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. 2. February 18, 2003 - Executed Amendment No. 2 to the engineering contract in the amount of $8,670 for a total fee not to exceed $106,850 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements, Phase 2A. 3. March 17, 2003 - Executed Amendment No. 1 to the Small NE Agreement for Architect/Engineer Consultant Services with Felix H. Ocanas, Jr., P. E. for a fee not to exceed $2,400, for a total re-stated fee not to exceed $18,400, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. FUTURE COUNCIL ACTION: Award of a construction contract for the Regional Transportation Authority (RTA) Miscellaneous Bus Stop Improvements, Phase 3. BACKGROUND INFORMATION: The City of Corpus Christi entered into an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for bus stop miscellaneous street improvement purposes. Since then monies have been appropriated for the Special Projects Program in 1999, 2000, 2001, and 2002. The proposed project consists of making improvements to various City streets where bus stop improvements are required. PROJECT DESCRIPTION: The proposed project consists of minor demolition and construction of bus turnouts, sidewalk, curb and gutter, and pavement repair at six bus stop locations throughout the City as follows: 1. Leopard Street at Stillman 2. Leopard Street at Jamison 3. Leopard Street at Westchester 4. Leopard Street at Kennedy 5. Leopard Street between McCampbell and Sunset 6. Leopard Street at Hereford H:/USERS2\HOMEIVELMAR\GEN\STREET~6183 RTA PHASE 2\ AGENDA BACKGROUND EXHIBIT "A" Page 2 of 3 BID INFORMATION: Bids were received on April 9, 2003 with five (5) bidders submitting proposals. The bid proposal was set up with a Base Bid and two (2) Additive Alternates. The Base Bid consists of improvements to the following sites: · Leopard Street at Stillman · Leopard Street at Jamison · Leopard Street at Westchester · Leopard Street at Kennedy Additive Alternate No. 1consist of improvements to the following site: · Leopard Street between McCampbell and Sunset Additive Alternate No. 2consist of improvements to the following site: · Leopard Street at Hereford The bids range as follows: Base Bid Additive Alternate No. 1 Additive Alternate No. 2 From $113,667.49 to $191,671.82 From $29,438.03 to $48,963.80 From $33,280.66 to $56,101.71 Third Coast General Contractors of Corpus Chdsti, Texas submitted the Iow bid. The City's consultant, Shiner, Moseley & Associates, and City staff recommend a contract be awarded to Third Coast General Contractors for the Base Bid in the amount of $113,667.49. It is not recommended to award Additive Alternate No. 1 and Additive Alternate No. 2. The Regional Transportation Authority (RTA) has requested that only the Base Bid be awarded. Remaining funds will be utilized for future projects of Phase 3. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by September 2003. FUNDING: Funds for this project are available in the FY 2002-2003 Street Capital Improvement Budget. H/U SERS2/HO M E/VELMAR/GEN/STREET~6183 RTA PHASE 2/AGENDA BACKGROUND EXHIBIT "A" Page 3 of 3 RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 Leopard at Stillman (Project No. 6190) [Base Bid] Leopard at Jamison (Project No. 6183) [Base Bid] Leopard at Westchester (Project No. 6184) [Base Bid] Leopard at Kennedy (Project No. 6192) [Base Bid] PROJECT BUDGET April 24, 2003 FUNDS AVAILABLE: FY 2000-2001 RTA ...................................................................... $186,324.15 FUNDS REQUIRED: Construction (Third Coast General Contractors) .............................. Contingencies (10%) .................................................................. Consultant (Shiner, Moseley & Associates) ....................................... Consultant (Felix H. Ocanas, Jr.) ................................................... Consultant (David L. Walker, Architect) .......................................... Major Projects Activity .................................................................. Construction Inspection ............................................................... Texas Dept. of Licensing and Regulation .......................................... Incidentals (Printing, Advertising) ................................................... Total ....................................................................................... $113,667.49 11,400.00 49,090.00 2,400.00 200.00 2,500.00 6,000.00 66.66 1,000.00 $186,324.15 H:\US~RS2/HOME/VELMAR~GEN\STREE~,6183 RTA PHASE 2\PROJECT BUDGET TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R Escobar, P.E., Director of Engineering Services DATE: Wednesday, Apr119, 2003 ENGINEER'S ESTIMATE: $121,000.00 TIME OF COMPLETION: 120 Cal. Days RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183,61K 6185, 6187, 6190, 6192) REM DESCRIPTION I Remove existing asphalt pavemem, comPlate In place per Sy. 2 Remove existing mrb/gtater, complete In place per LE. 3 Rertpve existing sidewalk/dnveway, complete in place per i>E. 4 New 6•trer, complete le place par LF. New concrete te sidsid walWpab ramps/ddvaway/shatter Pad, complete in QTY. 539 343 237 375 UNIT S. Y. LF. S. F. L F. THIRD COAST GEN. CONTR. PO BOX 271396 CC, TX 78427 UNITPRICE AMOUNT $13.00 $7,007.00 $14.00 $4,802.00 $73.00 53,081.00 $14.89 $5,82125 RS PARKER CONSTR. 1110 MAGNOLIA PORTLAND, TX 78374 I UNIT PRICE I AMOUNT $10.00 $5,390.00 $10.00 $3.430.00 $10.00 $2,370.00 520.00 $7,500.00 DMB CONSTR PO BOX 71118 CC, TX 7846/ UNIT PRICE AMOUNT 52288 $12,321.54 $7.33 $2,514.19 5208 5492,86 525,39 59,52725 ECONOMY SVCS., INC. PO BOX 5710 CC, TX TIMMS UNR PRICE AMOUNT $3.50 51,888.50 53.60 51,234.80 5224 5530.86 58.70 $2,57250 BARCOM COMMERCIAL 1710 STE B CO. TX 78416 UNR PRICE AMOUNT 537.75 tw,3n25 53.11 51,068.73 $3.73 $884.01 538.71 513,76825 5 New Peri iet New perimeter cart at sitlewalk/shelter peq completes in plata par 2.125 S. F. 3925 519.656.25 520.00 542,500.00 51208 525,627.50 $42.50 590,31250 573.74 SSO,d47.50 6 7 8 9 110 11 112 13 14 15 16 17 18 19 LE. New, concrete Pavement complete In place per; . New asphalt pavement, oornplete In place per a. Adjust manhole collars, complete In place par EA Modify stens wet complete in Place par )5A.1 New storm Inlet oomptete In place acepar per New storm manhole, complete in place per E8. New storm headwall. complete in place per E6 12- RCP (with backfill), canplew in place Per LE, 18' RCP (With bac,"Il, cwnptete In place par LE. 24' RCP (with baddl), complets in place perLE. Pavement markings, complete In place per SE. New bollards, complete In pings plot TOIL Control and SafficadiTTENS lg, canplete b Placa per F.A. TOTAL BASE BID (ITEMS 1.19) 89 558 45 2 2 2 0 30 90 0 235 4 4 L F. S. Y. S. Y. FA EA FA EA FA. L F. L F. L F. S. F. FA FA $16.00 $66.88 $33.00 586600 57.368.00 $2,490.00 $3.100.00 $3,300.00 $37.88 Woo 546.00 $15.93 $533.00 $2,100.00 $1,424.00 $37,319.04 $1,485.00 $1,33200 51,386.00 34,980.00 $8,200.00 $0.00 $1,136.40 $3,960.00 $0.00 $3.743.55 $2,132.00 $8,400.00 $113,667.49 $24.00 $60.00 $45.00 3500.00 $800.00 $1,650.00 $2,600.00 $0.00 $40.00 $41.00 $0.00 573.00 3250.00 $1,875.00 52136.00 $33,480.00 $2,025.00 $1,000.00 5600.00 33,300.00 S52DcO0 $0.00 $1,200.00 $3,690.00 S0.o0 53,05600 51,000.00 37.500.00 5125,576.00 $13.88 $98.62 $102.38 $753.00 51.188.00 $1,475.00 $2.73600 $0.00 $40.57 $43.72 $0.00 $7275 $=.00 51,35200 $1,235.32 • $53.813.86 $4,607.10 $1,506.00 • 31.186.00 $2,950.00 $5,47200 $0.00 $1,217.10 ' 53,934.80 $0.00 $2,98823 $1,31600 $5.408.00 - 5136,219.87 • S293 $4250 $39.50 $375.00 5270.00. $1,075.00 $480.00 $0.00 $28.95 $36.70 �� $15.90 $278. $1,560.00 5280.77 $23,775.00 $1.777.50 $750.00 5270.00 $2.750.00 $980.00 $0.00 $86850 $3.303.00 �.� 53,73150 51,11{.00 $6,240.00 5141,63246 $31.61 $8828 $6725 $373.00 5496.20 52,86637 $3,335,16 $0.00 55663 S59A8 �� S15A8 $159A2 $8,22250 52,67329 $49,28021 $3.02825 $746.00 $49820 $5,778.82 $8.870.90 $0.00 $1,755.80 $5.35320 �� 53,731.80 5637,68 $24,890.00 5181,871.12 • Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. BUS STOP MISCELLANEOUS ET IMPROVEMENTS, PHASE 2 . 6183, 6184, 6185, 6187, 6190, 6192) DESCRIPTION E:Aft�ate Additivelt QTY. UNR THIRD COAST GEN. CONTR. PO BOX 271396 cc, TX 7a427 UNR PRICE AMOUNT RS PARKER CONSTR. 110 MAGNOLIA PORTLAND, TX 78974 UNR PRICE AMOUNT DMB CONSM PO BOX 71118 CC, TX 76467 UNIT PRICE AMOUNT ECONOMY SVCS., INC. PO BOX 5710 CC, TX 78465 UNR PRN AMOUNT BAROOM COMMERCIAL , 1710 STE B CC, TX 78416 UNIMPRICE AMOUNT 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 pa.M, complete In pace par,$y. Rerrpve eresbn9 wrb/gutbr, complete In piece pw LE. Remove exlstln9 sidewalk/driveway, compete in place per SE.0 New 6' wrb/9mder, mmpbte in place per LE. New comate sidwalk/wrb rsmps/ddveway/sh;;; Ped, -pleb In place per SE. New Perimeter wrb at sidewalk/shelter pad, complete in place per LF' New wnaete Pavement complem in Placa pr fiU. New asphalt pavement compere In plana pwfA Adjust manhole collars, complete in place Der E Maddy s inlet canPlate in plats per E& New atom cote; mmpeb In pence perEg New storm manhole, cmplate in place per EA. New sbrtn headway, corredeb in PIaoB per E8 12' RCP (with back0ll), oanpbte In plan per LE. 16' RCP (with backfill), mmpete In place per LE 24' RCP (CMN backfill). mnpleb in Place Per LE. Pavement nwi . compete in place pwSE. New bollards, corNys6a m place WE&. Traffic Gambol and BeMgdng, compete m plan PerEA. TOTAL ADDlTNEALTFJtNATE NO. 1 (rTEY51-19) 105 0 100 375 51 126 0 0 0 1 1FA' 1 14 0 70 0 0 7 S. Y. LF. S. F. L F. S. F. L F. S. Y. S. Y. EA. 1 EA. EA. EA L F. L F. L F. S. F. EA EA $13.00 $14.00 $13.00 $14.99 $9.25 $16.00 568.88 S33.D0 $666.00 51,386.00 •2,490,00 $3,100.00 $3,300.00 $37.88 ll"D0 $46.tl0 $15.93 5533.00 $2,100.00 $1,36500 $0.00 $0.00 $1,499.00 $3,468.75 $816.00 $8,560.64 50.00 $0.00 $0.00 $2,490.00 $3.100.00 53,300.00 $530.32 $0.00 53,220.00 $0.00 50.00 32,100.00 #4449.71 $10.00 $0.00 $0.00 $20.00 $20.00 $24.00 $60.00 $0.00 $0.00 $0.00 $1,650.00 •2,600.00 $1,250.00 $40.00 $0.00 $55.00 $0.00 5000 52,000.00 $1,050.00 $0.00 $0.00 $2,000.00 $7.500.00 $1,224.00 $7,880.00 $0.00 $0.00 $0.00 $1,650.00 52,600.00 511250.00 5580.00 $0.00 $3,850.00 $0.00 SO.OD $2000.00 $31,38100 522.86 $0.00 $0.00 $25.39 $1208 $13.88 596.83 $0.00 $0.00 $0.00 $1,475.00 1 52,738.00 $450.00 $40.57 10.00 $50.00 50.00 $0.00 51,352.00 •2,400.30 50.00 $0.00 $2,539.00 $4,52250 $707.88 ' $12.388.64 $0.00 $0.00 $0.00 $1,475.00 $2,73000 $450.00 $567.98 $0.00 $3,500.00 50.00 50.00 31.35200 $32619.30 • $3,50 $3.60 $224 $6.70 $42.50 $2.93 $4250 $0.00 $0.00 $0.00 $1,075.00 $480.00 5385.00 $15.90 $0.00 $45.30 $0.00 $0.00i'S$ 21,580.0080.00 5367.50 $0.00 $0.00 $670.00 515,937.50 $149,13 $510.00 $110) $0.00 50.00 511075.00 $180.00 $385.00 522280 $000 $3,171.00 $0.00 0.00 43$,03 $37.75 $0.00 $0.00 $36.71 523.74 $31.81 $8628 $0.00 $0.00 $0.00 $2,868,31 $3.335,15 s2,015.?2 558.53 $0.00 $8001 $0.OD $0.00 $8227.50 $3,963.75 $0.00 $0.00 53,671.00 $8,90250 51,812.11 $11.299.84 $0.00 $0.00 50.00 $2,888.31 $3,335A5 52,01522 $61902 $0.00 $4226.70 $0.00 $0.00 $6,227.50 $µ81) • Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. RTA BUS STOP MISCELLANEOUS IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) rrEM DESCRIPTIONI Additive Alternate No. 2 - OTV, UNIT THIRD COAST GEN. CONTR PO BOX 271396 CC, TX 78427 !NTT PRICE AMOUNT RS PARMR CONSTIL 110 MAGNOLIA PORTLAND, TX 78374 UNRPRICE AMOUNT DMB OONSTR. PO BOX 71118 CC, TX 78967 UNIT PRICE AMOUNT ECONOMY SVCS, INI PO BOX 5710 CC, TX 78465 UNTT PRICE AMOUM BRROOM COMMERCIALSTREET 1710 STE B CC, TX 78418 UNR PRICE AMOUNT 1 2 3 4 Remove eldstlrrg aephah pavemed, compote b place ParBY. Remove OMNI ourb/putler, complete In place per LE. Remove exttln0 sidawalk/tlrNeway, complete in Pleoe PerSE New 6' curD/gutd oomPbte In pica perLE. Naw concrete sidwalkfaah ramps/ddveway/shalom Pad. cpnpob 45 0 0 106 S. V. L. F. S. F. L F. $13.00 $14.00 $13.00 $14.99 $585.00 $0.00 $0.00 $1,588.94 $10.00 $0.00 $0.00 $20.00 $450.00 $0.00 $0.00 32,120.00 $22.86 $0.00 $0.00 $25.39 31.024,70 ' $0.00 $0.00 $2691.34 $3.50 $0.00 $0.00 $6.70 $157.50 SOAP $0.00 371020 $37.15 $0.00 $0.00 536.71 $1.871.75 ' 1110.00 $0.00 $3,89128 5 dace per BE New Pedmeter ourb at sidewalk/shelter d, m let ht Pa mp Wace per 560 S. F. $925 55,180.00 $20.00 $11200.00 $12.06 $8,753.60 K2'� $23,800.00 $4.74 $13,294.40 7 8 9 10 11 12 13 14 15 16 17 18 19 New --ete Pavement complete In place pwSy, New asphalt Pawanrent oarnPote in place Per Sy. Adjust manhole cellars, complete In dace Per E9. MOdIIY Storm inlet, cwnplete in place per E6 New storm Inlet compote in pace per FA. New sfonn manhole, cornpbte in ptca perjEA. New stem headwall. mmpbte In pica perFA- 12' RCP ( b --- Q, mrnplete in Ptece per LE. 18' RCP (with backfill), wmplete in place Por LE. 24' RCP (with backfill), mnplete in dace per LE. Pavement madklnOs, template in place per SE New bollards, complete In plata per E6. Traffic Coned and Bampoln0. mmplete In Placa perEg. TOTAL ADDI7IVEALTERNA7E N0.2 (?58451. 19) 144 0 0 0 2 0 0 0 200 0 0 0 1 S. V. S. Y. EA FA EA EA EA L F. L. F. L. F. S. F. FA FA 1 516.00 $66.88 $33.00 $566.00 $1,388.00 $2,490,00 $3,100.00 $3,300.00 $37.88 $44.00 545.00 515.93 $533.00 $2,100.00 $416.00 $9,630.72 $0.00 $0.00 $0.00 $4,980.00 $0.00 $0.00 $0.00 $8,600.00 $0.00 50.00 $0.00 $2,100.00 $24.00 $60.00 $0.00 $0.00 $0.00 $1,650.00 $0.00 SOHO $0.00 $41.00 $0.00 50.00 $0.00 $2,000.00 $624.00 $8,640.00 $0.00 $0.00 $0.00 .3,300.00 $0.00 $0.00 $0.00 $8200.00 $0.00 50.00 $0.00 $2,000.00 $36,53400 $13.88 $98.62 $0.00 $0.00 $0,00 $1,47500 $0.00 $0.00 $0.00 $43.72 $0.00 $0,00 $0.00 $1,35200 $360.88 $13,91328 • $0.00 50.00 $0.00 $2,950.00 $0.00 50.00 $0.00 $8,744.00 $0.00 $0.00 50.00 31,35200 s377aa An 5293 34260 $0.00 10.00 30.00 $0.00 $0.00 $0.00 X0 $00.0.00 50,00 $0.00 31.580.00 $78.18 $6,120.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,340.00 $0.00 $0.00 $0.00 57.550.00 $37.81 668.28 50.00 50.00 $0.00 52.688.31 $0.00 $0.00 $0.00 $38 50.00 $0.00 $0.00 $6,22750 $621.66 512.712.32 $0.00 $0.00 $0.00 55,776.62 $0.00 50.00 $0.00 $71,708.00 $0.00 $0.90 $0.00 $62950$33,280.66 "-. 1 336707.71 • Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid, RTA BUS STOP MISCELLANEOUS THIRD COAST GEN. CONTR. RS PARKER CONSTR. DMB CONSTR ECONOMY SVCS., INC. BAROOM COMMERCIAL STREET IMPROVEMENTS, PHASE 2 PO BOX 271396 110 MAGNOLIA PO BOX 71118 PO BOX 5710 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) CC, TX 78427 1710 STE B PORTLAND, TX 78374 CC, TX 78487 CC, TX 7SAM CC, TX 75416 ITEM I DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT UNITPRICE AMOUNT UNrTPRXE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT TOTAL BASE BID $113,667.49 $125,578.00 $138,218.97 $141.822.45 $791,671.82 TOTAL BASE BID +ADD. ALT. NO. 1 $144,11720 $158,840.00 $168,839.27 5171,08048 5240,835.82 TOTAL BASE BID +ADD. ALT. NO. 1 a ADD. ALT. NO. 2 7 $177.397.86 $193,474.00 5208,83347 S210,824.35 5296,73713 Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. ~ ~' o LEGEND ~ R, EA. BUS STOP ~TRE~ IMPROVEMENT SITES L OSA T ION ~e NOT TO ~CALE P~OdECT No. 61g0, 6183, 6184, 6192 EXHIBIT "D" RTA ) Bus Stop ~Jscellaneous Street czTy OOUNOZL EXHIBIT ~, DEPARTMENT OF ENGINEERING SERVICES ~mprovements, Phase 2 mAeS: I of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-29-200~ ~ 8 AGENDA MEMORANDUM April 29, 2003 SUBJECT: Acquisition of Parcel 50 Southside Water Transmission Main, Phases 3 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Peterson Properties, Ltd., in the amount of $35,000, for Pamel 50, necessary for the Southside Water Transmission Main, Phase 2a, Project #8389, and for other municipal purposes. ISSUE: The current phases of the Southside Water Transmission Main (Phases 2, 2a, & 3) extending from County Road 36 to the South Staples Pumping Plant located off of FM 2444 and County Road 43. This project requires the acquisition of 50 pamels containing utility and temporary construction easements. Negotiations have concluded for the acquisition of Parcel 50, which is comprised of a fifty-foot wide utility easement and a 50- foot wide temporary construction easement. The cost of this parcel has exceeded the $25,000 threshold and requires City Council approval. RECOMMENDATION: Approval of the motion as presented. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Parcel Map H:\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Peterson~,genda memo.doc BACKGROUND INFORMATION SUBJECT: Acquisition of Parcel 50 Southside Water Transmission Main, Phase 3 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: 1. Council will be required to: Authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and authorize the acquisition of parcels whose cost exceeds $25,000; and authorize the payment of the upcoming Special Commissioners' Awards for the condemnation of any of these parcels. OVERVIEW: Background: The City is now completing the secondary phases of the Southside Water Transmission Main. Phase 1 completed the route from the O.N.Stevens Plant to CR 36, south of Clarkwood. The successive phases (Ph. 2,2a,3) will extend the waterline to the South Staples Pumping Plant at FM2444 and CR43. Urban Engineering was initially contracted for the design and engineering scope of the project. However, their contract was amended to include title work, appraisals, land acquisition and legal representation in condemnations. To date, Urban Engineering and their subcontractor, Right of Way Services, Inc., have acquired 46 of the 50 parcels needed. One parcel remains to be finalized through negotiation and three parcels are set for condemnation. Negotiations have concluded for the acquisition of Parcel 50 which contains approximately .37 miles of easement. The cost of this parcel has exceeded the $25,000 threshold and require City Council approval. Parcel Information: This parcel is located north of Saratoga Boulevard and west of Greenwood Drive as shown on the attached Exhibit C. The parcel consists of 50-foot wide utility easement, which is approximately 1,931 feet in length and contains 2.22 acres. Acquisition also includes a 50-foot wide temporary construction easement, also approximately 1,931 feet in length, and also contains a total of 2.22 acres. This land in consideration consists of vacant farmland and is used for cultivation of crops. The parcel was appraised by Thomas Dorsey, MAI at the amount of $12,800. This amount was offered to the landowners for both permanent and temporary easements, crop damages, and damages to the remainder which result from Exhibit A Paoe 1 of 2 the acquisition. This offer was initially rejected and extensive negotiations were held with the landowners. The landowners demand of $62,000 led to an impasse in negotiations and a petition was filed for condemnation. However, continued negotiations with the owners for the acquisition of the parcel resulted in an administrative settlement of $35,000. The primary reasons to settle at this amount are as follows: 1) the critical time schedule of this waterline project and the need to complete acquisitions; 2) the probability of paying a higher award in condemnation due to damages to the remainder and the fact that a drainage easement was condemned in 1981 by the City which resulted in a much higher condemnation award; 3) bids have been received and a contract awarded to Gamey Companies, Ltd. in January 2003 which creates a definite need for these parcels in order to begin the pipe installation sequence; and 4) this amount of right-of-way footage amounts to 3.18% of the total linear footage which will increase the present acquired linear footage from 85 % to 88.18% of the total. It is recommended that it be in the best interest of the City to accept this settlement amount. Since these are utility easement instruments, no title companies are required. Exhibit A Paoe 2 of 2 PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 2, 2a & 3. Parcel 50 10. 11. 12. 13. 14. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 o Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). Exhibit B Page 1 of 3 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Pamels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) 27. November 12, 2002 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 2,2a,&3, for utility and other municipal purposes in connection with said Exhibit B Page 2 of 3 project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Chdsti or its agents in acquiring said easements. (Reso. No. 025086) 28. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd. of Kansas City , Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2,2a,3. 29. March 25, 2003 - Motion authorizing the Acting City Manager or his designee to execute a Utility Easement instrument with Rachel Cornelia Frazier, et al, in the amount of $34,242.20, for Parcel 33, comprised of a Utility Easement and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 2a, Project, (#8389), and for other municipal purposes. (M2003-115) 30. March 25, 2003 - Motion authorizing the Acting City Manager or his designee to execute a Utility Easement instrument with Thomas D. Richardson, et al, in the amount of $34,207.80, for Parcel 34, comprised of a Utility Easement and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 3, Project, (#8276), and for other municipal purposes. (M2003-116) 31. April 15, 2003 - Motion authorizing the Acting City Manager or his designee to execute a Utility Easement instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D. Corporation, a Texas corporation, in the amount of $47,500, for Parcels 47 and 48, both necessary for the Southside Water Transmission Main, Phase 3, Project, (#8276), and for other municipal purposes. (M2003~147) H:\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Peterson\Prior Council Action.doc Exhibit B Page 3 of 3 ' E~I~IN~ City Council Exhibit Southside Water Transmission Main Phase 2a (~8389) Date: 04-22-03 Parcel 50, Peterson Properties, Ltd. Page: 1 of 1 Ci~ ofCo~us C~isti, Texas EXHIBIT C 9 AGENDA MEMORANDUM DATE: April 24, 2003 SUBJECT: Crystal Lane Drainage Improvements (Project No. 2155) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $50,602.50 withR. S. Parker Construction for the Crystal Lane Drainage Improvements. ISSUE: The Crystal Lane area has frequently experienced flooding in the past. Various complaints have been received from different property owners and the flood problems vary in nature that indicate several different sources for the flooding. The City of Corpus Christi initiated an engineering contract with J.R. Thompson, P.E. to study the existing system and recommend interim improvements to relieve immediate problems in the Crystal Lane area. This project is part of the additional $5 million dollars approved by Council through the City's Storm Water Capital Improvement Program for Minor Storm Drainage Repairs. FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Capital Improvement Budget. ~,~taff recommends approval of the motion as presented. · Vale~e]Gray, P.E.~ [ I ~ ~1~1 R. Escobar, P.E., / " DirectOr of Storm Water Dbpartment Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Crystal Lane Drainage Improvements (Project No. 2155) 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. May 20, 2002 - Executed Small Agreement For Amhitect/Engineer Consultant Services with J. R. Thompson, P. E. for the Crystal Lane Drainage Improvements for a total fee not to exceed $7,500. 2. February 13, 2003 - Executed Amendment No. 1 To Small Agreement For Architect/Engineer Consultant Services with J. R. Thompson, P. E. for the Crystal Lane Drainage Improvements for a fee not to exceed $12,000, for a total re-stated fee of $19,500, with J. R. Thompson, P. E. BACKGROUND INFORMATION: The Crystal Lane area has frequently experienced flooding in the past. Various complaints have been received from different property owners and the flood problems vary in nature which indicate several different sources for the flooding. The City of Corpus Christi initiated an engineering contract with J.R. Thompson, P.E. to study the existing system and recommend interim improvements to relieve immediate problems in the Crystal Lane area. This project is part of the additional $5 million dollars approved by Council through the City's Storm Water Capital Improvement Program for Minor Storm Drainage Repairs. A Drainage Easement is required to complete the work of the Base Bid; and the Property Owner has agreed to grant the Drainage Easement at no cost. A second Drainage Easement is required to complete the work of Additive Alternate No. 1 and Additive Alternate No. 2; however, the Property Owner has not agreed to grant this Drainage Easement. PROJECT DESCRIPTION: This project consists of drainage improvements which include the construction of approximately 2,575 square feet of concrete plating at several locations, installing a post inlet, installing approximately 168 linear feet of 24-inch diameter drain pipe and approximately 70 linear feet of a 48-inch diameter drain pipe at the locations shown on the plans, and two (2) additive alternates for the initial and final excavation of an outfall channel from Up River Road to the Nueces River. H:/USE RS2/HOME/VELMAR/GENiDRAiNAGE~2155~AGENDA BACKGROUND I EXHIBIT "A" Page I of 2 BID INFORMATION: Bids were received on April 16, 2003 with three (3) bidders submitting proposals. The bid proposal was set up with a Base Bid and two (2) Additive Alternates. The bids range as follows: Base Bid Add. Alt. No. 1 Add. Alt. No. 2 $50,602.50 to $118,830.00 $15,000.00 to $174,000.00 $15,750.00 to $121,800/00 R. S. Parker Construction of Portland, Texas submitted the Iow Bid. R. S. Parker Construction has satisfactorily performed work for the City on other contracts. The City's consultant, J. R. Thompson, P. E., and City staff recommend a contract be awarded to R. S. Parker of Portland, Texas for the Base Bid in the amount of $50,602.50. At this time City staff does not recommend award of Additive Alternate No. 1 and Additive Alternate No. 2 as the Property Owner has not agreed to grant the required Drainage Easement to complete the work specified in the Additive Alternates. Additive Alternates No. 1 and 2 provide for the excavation of an outfall channel to optimize drainage capacity. The area of the proposed excavation is a natural channel that has capacity to provide the required drainage. Although award of the Base Bid, Additive Alternate No. 1 and Additive Alternate No. 2 would be the optimum for the Crystal Lane area, completion of the Base Bid will alleviate the immediate drainage prOblems currently experienced. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by August 2003. FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Capital Improvement Budget. EXHIBIT "A" Page 2 of 2 H:IUSERS2\HOME/VELMAR/GENIDP. AINAGE~2155~GENDA BACKGROUND CRYSTAL LANE DRAINAGE IMPROVEMENTS (PROJECT NO. 2155) PROJECT BUDGET April 24, 2003 FUNDS AVAILABLE: Storm Water CIP ............................................................... FUNDS REQUIRED: Construction Contract (R. S. Parker Construction) ..................... Contingencies (10%) ............................................................ Consultant (J. R. Thompson, P. E.) ....................................... Major Projects Activity ......................................................... Construction Inspection Activity ............................................. Testing .............................................................................. Printing ........................................................................... Adver[ising ........................................................................ Total ................................................................................. $88,262.75 $50,602.50 5,060.25 19,500.00 4,000.00 3,100.00 5,000.00 500.00 500.00 $88,262.75 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 16, 2003 TIME OF COMPLETION: 90 DAYS ENGINEER'S ESTIMATE: $51,160.00 CRYSTAL LANE DRAINAGE IMPROVEMENTS R. S. PARKER CONSTRUCTION 110 MAGNOLIA ST PORTLAND, TEXAS 78374 DMB CONSTRUCTION P.O. BOX 71118 CORPUS CHRISTI, TEXAS 78467 SALINAS CONSTRUCTION TECHNOLOGIES 3734 FM 3006 PLEASANTON, TEXAS 78064 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Concrete Plating 3575 S.F. $7.50 $26,812.50 $13.75 $49,156.25 $14.80 $52,910.00 A2 Post Inlet 1 Each $2,500.00 $2,500.00 $9,942.00 $9,942.00 $5,000.00 $5,000.00 .A3 24"RCP 168 L.F. $45.00 $7,560.00 $100.07 $16,811.76 $185.00 $31,080.00 A4 48" RCP 70 S.F. $100.00 $7,000.00 $157.03 $10,992.10 $225.00 $15,750.00 A5 Trench Safety 238 L.F. $5.00 $1,190.00 $4.50 $1,071.00 $5.00 $1,190.00 A6 Roadside Swale Grading 320 L.F. $12.00 $3,840.00 $11.56 $3,699.20 $35.00 $11,200.00 A7 Traffic Guard Rail 34 L.F. $50.00 $1,700.00 $82.62 $2,809.08 $50.00 $1,700.00 Total Base Bid $50,602.50 $94,481.39 $118,830.00 AAI Additive Alternate l: Outfall Channel Initial Excavation 3000 C.Y. $5.00 $15,000.00 $18.37 $55,110.00 $58.00 $174,000.00 Total Base Bid + Additive Alternate 1 $65,602.50 $149,59139 $292,830.00 AA2 Additive Alternate 2: Outfall Channel Final Excavation 2100 C.Y. $7.50 $15,750.00 $18.37 $38,577.00 $58.00 $121,800.00 Total Base Bid + Additive Alternate 1 and Additive Alternate 2 $81,352.50 $188,168.39 5414,630.00 N CORPUS CHRISTI BAY C.C.I, AIRPORT LOCATION ~ NOT TO SCALE PROJECT SITE ~CRYSTAL LANE.) N PROJECT # 2155 VICINITYMAP NOT TO SCALE EXHIBIT "D" ~RYSTAL LANE DRAINAGE IMPROVEMENTS CITY' OF CORPUS CHRISTI, TEXAS CZTYCOUNCZL EXHZBZT ~ DEPARTMENT OF ENGINEERING SER~CES PAGE: I of 1 DATE: 04-22-2005 ~ 10 AGENDA MEMORANDUM DATE: April 23, 2003 SUBJECT: Revised Speed Limit Callicoatte Road (F.M. 1694) AGENDA ITEM: Ordinance amending Code or Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section and repealing all conflicting ordinances: On Callicoatte Road (F.M. 1694): revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road, south 1.391 miles (7,344.48') to the City Limit Line. ISSUE: Speed limit revisions are necessary to reflect changes in abutting land use and travel patterns. The Texas Department of Transportation (TxDOT) recently completed a traffic engineering study to review the speed limit on Callicoatte Road (F.M. 1694). The limits extend from IH37 Northbound Frontage Road, south 1.391 miles (7,344.48') to the City Limit Line. Based on this study, TxDOT determined that a change in the speed limit is warranted within State Right of Way located within City Limits of the City of Corpus Christi. RECOMMENDATION: Staff recommends approval of the ordinance as presented. r.,.~r~ 'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUNDINFORMATION SUBJECT: Revised Speed Limit Callicoatte Road (F.M. 1694) BACKGROUND: The Texas Department of Transportation (TxDOT) completed a traffic engineering investigation to review the existing speed limit on Callicoatte Road (F.M. 1694) between the IH37 Northbound Frontage Road, south 1.391 miles (7,344.48') to the City Limit Line. CALLICOATTE ROAD (F.M. 1694): The proposed project consists of lowering the speed limit along a section of Callicoatte Road that now includes a range from 45 mph to 60 mph. The Transportation Advisonj Committee will review these TxDOT recommendations on Monday, April 28, 2003 at a regularly scheduled meeting. The City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions. IEXHIBIT "A" I Page 1 of 1 Fire: ~Mprojeet~exhCollieoate,dw~ LEOPARD ~ ,.,.,,,., ~ n~__j"'' ' ' '''+''''''' ''m'l CITY LtMIT LINE LEOPARD CITY LIMIT LINE EXISTING NOT TO SCALE PROPOSED NOT TO SCALE PROPOSED SPEED ZONES: ~ -- 45 MPH ~ -- 50 MPH PROPOSED SPEED ZONES ON CALLICOATE RD-FM 1694 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04-25-2003 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Callicoatte Road, (F.M. 1694) revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road, south 1.391 miles (7,344.48') to the City Limit Line. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Callicoatte Road, (F.M. 1694) revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road, south 1.391 miles to the City Limit Line. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Callicoatte Road (F. 3~ 1694): From IH37 Northbound Frontage Road, south 1.391 miles to the city limit line~ 45mph--All times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 29, 2003 AGENDA ITEM: a) Recommendation of an Ordinance authorizing the City Manager, or his designee, to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/k/a Dollar Rent-A-Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operations, Inc. from any environmental contamination occurring prior to occupancy of the premises, for a term of up to twelve months; and declaring an emergency. b) Recommendation of an Ordinance authorizing the City Manager, or his designee, to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/k/a Dollar Rent-A-Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operations, inc. for any environmental contamination occurring prior to occupancy of the premises for the term of the long term lease. ISSUE: The automotive service facility that Dollar Rent-a-Car was given has an acceptable level of soil contamination that Dollar is requesting a waiver of liability for. The City has had the site tested and it is in compliance with acceptable levels of contamination in accordance with the Texas Commission on Environmental Quality guidelines. This site previously was occupied by Budget Rent-A-Car. This amendment will give Dollar the waiver of liability up to the level of contamination that was found on the site when tested. REQUIRED COUNCIL ACTION: Council approval as requested. PREVIOUS COUNCIL ACTION: January 21, 2003 - Ordinance approving Amendment No. 1 to Lease Agreement between Dollar Rent-A-Car and the City of Corpus Christi (Ordinance 025174) September 9, 2002 - Ordinance approving Long Term Rent-A-Car Concession Lease Agreement with Dollar Rent-A-Car and the City of Corpus Christi (Ordinance 025011) July 9, 2002 Ordinance approving Short Term Rent-A-Car Concession Lease Agreement with Dollar Rent a Car and the City of Corpus Christi (Ordinance 024941 ) FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board recommends approval of this item. Attachments: Exhibit A Background Information Exhibit B Lease Summary Department Head Signature BACKGROUNDINFORMATION Dollar Rent-A-Car Systems was awarded a lease to provide rental car services at the Airport in July, 2002, along with four other rental car agencies. Dollar was the only rental car company that was not cun'ently on Airport property that was awarded a lease. The automotive service facility that was tumed over to Dollar Rent-A-Car Systems was previously occupied by Budget Rent-A-Car. Before occupying the facility, Dollar had URS Corporation prepare a Phase I and Limited Phase II Environmental Site Assessment which showed soil and groundwater contamination. Dollar notified the Airport that they would not be able to occupy the facility unless they ware given a waiver of liability for that level of contamination at the site. The City hired JD Consulting to provide an independent analysis of the site. Dollar and Budget were invited to have their consultant sample the site at this time as wall but did not. JD Consulting found that the level of soil contamination at the site was within the acceptable range of the Texas Commission on Environmental Quality (TCEQ) standards. Dudng the tenure of Budget Rent A Car at this facility, testing of this site was performed and it was determined that their was contamination at the site although it was within the acceptable levels of contamination in accordance with the TNRCC standards, now known as TCEQ. Therefore, staff agreed to prepare an amendment to the contract to waive the liability for the level of contamination found in the City's consultants report parformed in Januanj, 2003. This amendment to Dollar Rent-A- Car Lease will grant that waiver. No other testing was performed at any other rental car facilities since the same lessor remained on the property. Exhibit A Lease Summary This is a standard short and long term lease as required by Charter for leases over one year in duration. The short term lease will be effective upon Council approval and their declaring an emergency. The long term lease will be effective upon the 61s~ day following approval at the second reading, which must follow the first reading by at least 28 days. The lease is for the waiver of liability for the soil contamination in order that Dollar can begin to make the necessary improvements they intend to make to provide a service facility for the maintenance of their vehicles at Corpus Christi International Airport. Exhibit B AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 2 TO THE LEASE AGREEMENT WITH DTG OPERATIONS, INC. f/k/a DOLLAR RENT A CAR SYSTEMS, INC. AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, TO HOLD HARMLESS DTG OPERATIONS, INC. FROM ANY ENVIRONMENTAL CONTAMINATION OCCURRING PRIOR TO OCCUPANCY OF THE PREMISES, FOR A TERM OF UP TO TWELVE MONTHS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute Amendment No. 2 to the Lease Agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operations, Inc. from any environmental contamination occurring prior to occupancy of the premises, for a term of up to twelve months. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2003. Attest: The City of Corpus Christi Armando Chapa City Secretary Approved this the o~&day of /~kr~rt7 (/{ZghI~.~ P~ Burke, Jr. / - -"Assistant City Attorney t for City Attorney Samuel L. Neal, Jr. Mayor ,2003. Corpus Christi, Texas day of ,20 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brant Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly Melody Cooper Jesse Noyola Mark Scott H:\LEO-DIR\iohn\ORDINANCE~DTG (Dollar) Lease Amend, Ord. 12 Ma,DOC AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 2 TO THE LEASE AGREEMENT WITH DTG OPERATIONS, INC. f/k/a DOLLAR RENT A CAR SYSTEMS, INC. AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, TO HOLD HARMLESS DTG OPERATIONS, INC. FOR ANY ENVIRONMENTAL CONTAMINATION OCCURRING PRIOR TO OCCUPANCY OF THE PREMISES FOR THE TERM OF THE LONG TERM LEASE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST1, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute Amendment No. 2 to the Lease Agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operations, Inc. for any environmental contamination occurring prior to occupancy of the premises for the term of the long term lease. Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ., 2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly PASSED AND APPROVED on the ATTEST: 2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott __ day of ., 20 Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM: /ffoh~ ~. Burke, Jr. A(..~96istant City Attorney' For City Attorney 12 AGENDA MEMORANDUM PUBLIC HEARING: An Amendment to the Preservation Plan CtrTY COUNCI'L ACTZON DATE: DATE: April :[7, 2003 April 22, 2003 Amendment to the Preservation Planf An Element of the Comprehensive Plan~ by Designating Properties located at 1008 Furman Avenue and 356 Merrill Drive as "Potential Landmarks" and by Adding Four (4) "HC" Zoning Designations and two (2) properties that have been designated as "Potential Landmarks" within the Preservation Plan. Landmark Commission's Recommendation: Approval(il~14~02 & 2/26/03) Plannina Commission's & Staff's Recommendation; Approval (12/18/02 & 3/12/03) Reauested Council Action: Approval of an Amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designating properties located at 1008 Furman Avenue and 356 Merrill Drive as "Potential Landmarks" and by adding four (4) "HC" Zoning Designations and two (2) properties that have been designated as "Potential Landmarks" within the Preservation Plan. (See Attachments A & B) Purnose of Reauest: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of corpus Christi, per the "HC" Historical-Cultural Overlay District of the Zoning Ordinance and policy guidelines of the Preservation Plan, an element of the Comprehensive Plan. The owners of properties located at 1008 Furman Avenue and 356 Merrill Drive are requesting designation as a "potential landmark" and listing within the appendixes of the Preservation Plan, and four (4) "HC" designated sites are also to be included within such appendixes for codification purposes. Designation of the historical elements as "potential landmarks" will continue the success of preserving the city's history. Summary: The property owners agreed, in writing, to designate and list the structure at 1008 Furman Avenue and 356 Merrill Drive as "potential landmarks" according to the Zoning Ordinance and within the Preservation Plan. Classifying these properties as such will satisfy a requirement of the "HC" Historical-Cultural Landmark Preservation District within the Zoning Ordinance. The requirement allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark is defined as: "Any site, place, building, structure, or work of art located on a single lot or series of adjacent lots under common ownership which as special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase II." By designating these properties as potential landmarks, the removal or demolition of such properties through the permit process will invoke a thirty-day stay of demolition/removal, unless public health, safety, or welfare is threatened. The 30-day stay allows for the Landmark Commission to be notified and taken action in preserving the structure, which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the owner(s) of the structure to provide Agenda Memorandum - Preservation Plan April :].7, 2003 Page 2 alternatives other than demolition/removal. After meeting with the property owner and demolition/removal is still desired, the Landmark Commission shall submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997; which was a precursor to "Potential Landmark" designation on property. The Phase II Site Survey includes a total of 1,211 properties, whereby twenty-six (26) properties are currently listed as "potential landmarks." These twenty-six (26) properties are excellent historical examples of Corpus Christi architecture prior to 1948. Four (4) sites, three (3) being churches (Metropolitan Community Church on Craig Street, South Bluff United Methodist Church on Seventh Street, and Oak Park United Methodist Church on Oak Park Avenue) and one (1) residential property (Graham-Grossman House on Oak Park Avenue) are designated with the "HC" Historical-Cultural overlay district. It is recommended that such sites be appropriately listed within the Preservation Plan for codification purposes. n~ng;(AICP ~ Director of Planning ~ FGM/Iw Attachments: 1) Memorandum from Landmark Commission 2) Response Forms for Potential Landmark Status 3) Data Sheets from Corpus Christi Historic Site Survey 4) Zoning Maps 5) Draft Ordinance cc: Margie C. Rose, Assistant City Manager Development Services MEMORANDUM TO: FROM: DATE; SUBJECT: Planning Commission Members Deborah Douglas, Landmark Commission Chairman March 7, 2003 Designating 1008 Furman Avenue & 356 Merrill Drive as Potential Landmarks At the November :[4, 2002 and February 26, 2003 public hearings, the Landmark Commission approved submitting properties located at :[008 Furman Avenue and 356 Merrill Drive, whereby such property owners have agreed to classify their property as a 'Potential Landmark" (see attached). Such properties were included in the Corpus Christi Historical Site Survey. Classifying the properties will satisfy a recommendation of the 'HC" Historical/Cultural Landmark Preservation District within the Zoning Ordinance. The recommendation allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark" is defined as: "Any site, building, structure, or work of art located on a single lot or a series of adjacent lots under common ownership which has special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase II." By designating the properties as "potential landmarks," the removal or demolition of such properties through the permit process will invoke a thirty-day stay of demolition/removal unless public health, safety or welfare is threatened. The 30-day stay allows time for the Landmark Commission to be notified and to take action to save the structure which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the property owner to provide alternatives other than demolition/removal. After meeting the property owner and demolition/removal for the property is still desired, the Landmark Commission will submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. In order for the Landmark Commission to meet the challenge of protecting historical resources of the community, the 'HC" District was revised in :[990, which provided regulations in meeting the objectives. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997, which was a precursor to the "Potential Landmark designation for properties. The Phase II Site Survey includes :[,2:1]. properties and currently twenty-six (26) properties are listed as "Potential Landmarks." It is the ultimate goal of the Landmark Commission to designate more properties as "Potential Landmarks" and/or "HC" overlay designation. It is still the Landmark Commission's goal to create a continuous awareness in property owners of the value of their historical elements and assist the city in helping such structures survive through time. Deborah Douglas, Chairman Landmark Commission Attachments (H: WORD\PLN DIR\LI NDA\LANDMARK\PLCOM\POTENTIAL2.M EM ) Attachment I RESPONSE FORM POTENTIAL LANDMARK STATUS MAY 2002 Please mark your response below and complete the property information. ~ LiSt my property as a "Potential Lanamark" DO not list my property as a "Potential Landmark'' Property Owner Name: Address of Proposed Potential Landmark: JO~) ~ Please return this form and the corrected data sheet in the self-addressed envelope. Your assistance is greatly appreciated. (H:\WORD\LANDMAI~ kARE~ :ONSEFOR M.POT) Attachment 2 ClrTY OF CORPUS CHRZST! LANDMARK COMMZSSZON RESPONSE FORM FOR "POTENTZAL LANDMARK" DESIGNATION 2003 Please mark infor:~j~n. your response below and complete the property I hereby aqree to have my property designated as a "Potential Landmark" ! hereby decline to have my property designated as a "Potential Landmark" Address of Potential Landmark: ~.'"'~__.~'~./.~ '~. ~ompleted form ~hould be returned to the addre,~ City of Corpus Christi Department of Planning Attention: Faryce Goode-Macon, City Planner P. O. Box 9277 Corpus ChristL Texas 78469-9277 RECEIVED JAN 201 ! CJTY OF CORPus CHRISTI PLANNING ,~ND DEVPLOPM - , ENT Attachment 2 Coun~ Nueces Corpus Christi Historic Site Survey, Phase II, Revised 6/91 Am~ 3 Si,,. No. F-052 City Corpus Christi Nam~ Number 1008 Furman Enemencio Torres, Jr. Addm~ Same as above Origina~ Owncz Legal Shannon; Bk 1; Lt 2 Description Nu~v,e~ County Tax Account #'s 10.D~ctiption Zoning Map Name 70-15 Const a.,- 1910-1920s An:hitecVBuilder Plan,qype Modified L-plan P~opcz~/Typc Residential ' Historic Function Domestic C'un-~t Funcdon Domestic Stylistic Inl~uencc Bungalow R301714; 7921-0001-0020 I 1/2-story frame with altered porch and detached garage/apartment It has south facing bays, pier & beam foundation on concrete blocks, wood frame structural system, front gabled mol, composition shingles, axlanded box eaves, exposed rafter ends, gabled dormers, and two exterior brick chimneys. The two bay porch is full width with gabled roof, short battered columns on brick pedestals, exposed rafter ends, and braces. Windows are 1/1 and 3/1 wood double hung; entry door is single, wooden, and glazed. 11. Present Condition Fair 12.Sign~cance Not shown on 191g Sanborn. Shown in 1927 City Directory as vacant; 1935 - Gaston T. and Mackie Grant, with Bickford Drug Store No. 1 and Wm. N. and Marguerite Newlon; 1944 - Claude R. and Ellen Weidel Relationship to Site: Mov, Bibllo~'aphy Nueces County Appraisal Recovdm Sally S. Victor Dar updated Jun 1, 1991 Priority High X DESIGNATIONS National Rag lnd Navionai Rag Di~t THC maxkm- potential hc zone potential Potential National Register File Name Multiple Property. Individual Medium Low Attachment 3 Coun~ Nuecas Civ/ Corpu~ Ch~ti Nmne Nambez 356 Merrill Drive McCarty, Robert L., et ux Addm~ 356 Merrill Drive; CC'O( 78408 OdginM Owner Leg~ Saxet Heights 1, Bk 1, NE DescMpfion half of Lt 28 & Ail of Lts Nu~es Co~ T~ Ampi i's 10.D~ip~ Corpus Christi Historic Sim Survey, Phase H, Revised 6/91 6 Si~ No. M-029 UTIvi Zon~g M~ N~me Com~d-~ 1 ~37 Plan~ype ~Fmmst~l H~mfic F~c~on ~mestic C~ F~n ~mest~ S~ ~ue~ Minim~ R298443; 7749-0001-0300 2-story frame and brick residence. It has three west facing bays, concrete slab foundation, wood frame structural system, cross gabled roof, composition shingles, and exterior brick chimney. The porch is open air, single bay, and integral. Windows are 8/8 wood double hung; door is single, wooden, and paneled. The entry is emphasized by articulated quoins. 11. Present Condhion Good 12.Significance Previous owner was Curtis A. Thomas et ux Ruby J. who sold it to D.A. Kucera et ux c. 1977. Not shown in the 1935 City Directory; 1941 - Barton H. and Gertrude Westerveit, chief engineer Southern Alki Corp. Relationship to Sim: BiblioIFaphy Nueces County Appraisal District files; City Directories. lnformsnt Rccord~ Sally S. Victor Dac upda~l Jun 1, 1991 Priority High Medium X DESIGNA~ONS N~on~ Reg ~d Na~on~ Reg D~t THC m~k~ ~t~dM hc zone National Regist~ File N~e Multiple ~o~r~ ~viduE Attachment 3 23 6 5 CRAIG STREET BUFORD sTREET GAFFNEY 2 A-2/SP ST PARCEt 5 6 MORGAN sTREET Dec 5, 2002 - RP ~11~1 O0 200 300 , I R-2 Multiple Dwelling Dist. AB Professional Office Dist, A-1 Apartment House Dist. A-2 Apartment House Dist. 8-1 Neighborhood Business Dist. B-4 Generol Business Dist, B-5 Primory Business Dist. Attachment 4 v,e iiB+R}+agy4 6 y � F F 'r 4 \ P y. f' . i gw`1 }{ •f �.a . 4 ,� J � ' 'R of ol 1,4 ]r s w:. F � yr k • .. 5Y$il� - . a ".+.r..•.:&.�. L�...�.w,rivr _ _ =r't .�"9 -, � �,..w � �6�ti M "' # r,�tiv -..�, a, :..s..— .. . ITT g t ' R~I B ,SUB, A-1 OI DODG OA, SAXET COMMUN B-4 il LEOPARD STREET 0 Dec 6, 2002 - RP 100 200 300 B-lB One-F~ily Dwelling Dist. R-2 Multiple Dwelling Dist. AB Professionol Office Dist, A-1Apertrnent House Dist. B-4General Business Dist. Attachment 4 JW Zito touq it y° ��in ', _�* � W e=® �S�. i'P �f � '�"�4.�`p .�..� A r'*I+ R"��0 � '�`a f •�� �7F� 4 + °� � e $ f��� f' a "f 'j►�J lk '. '"�l�e � t. t. "a- a '�'�S.QIfP' "�+e 's �F iA,q _ 'R' j ♦ � ` 4 a OL e a kT' e . r ' ri � � +t • a,',/���p` �. A I to p Mt If7 a - .. i { b i Y9i xe- �ii t -E y f F FI{ Z v i � R e E B 5 2 'BAY MORGAN 22 AVE. 22 ELIZABETH BOOTY ANE 4 B-5 STREET BOOTY STREET Dec 6, 2002 RP 100 200 ,300 AB Professional Office Dist. A-2 Apartment House Dist, B-1 Neighborhood Business Dist, B-4 General Business Dist. B-5 Prirmry Business Dist. Attachment 4 s f ix �n f ♦P.R A" .�M� r tt 1 a K 1 j' 555€�`.y {R . Ra � .s P to -a�iLLP3� i7 �.� t,' ^'� =� A.::-.�....�...w.+.�r•, . ? R ,,,,f'` a s 1 JF* .. _....«..,a ... .. .. a-✓+� . -. ~fTERSTATE HIGHWAY ,37 8-£ _AWN UNI:~'""'~ R-1 OAK PARK Dec 6, 2002 - RP R-lB One-Foxily Dwelling Dist. R-2 Multiple D~elling Dist. A-1Aportrmnt House Dist. B-4 Generol Business Dist, Attachment 4 rtnr ar< a t. n 1fIEW OFUBJECY PROPERT�!f rD ALa1G MUELLER STREET' OAK PARK UNITED METHODIST CHURCH - 878 OAK PARK AVENUE .-I 1 i 3� 1 rtnr ar< a t. n 1fIEW OFUBJECY PROPERT�!f rD ALa1G MUELLER STREET' OAK PARK UNITED METHODIST CHURCH - 878 OAK PARK AVENUE .-I < ae S I , � "h• " n �� ^a# f � , i � r ��� a �` •i I � 4`" d • k^ =s�R: P &. A PP •' Ij I.? # i�•e �� � I f• 1 - Mll.a>'+. 9+eArv. N+ss.�> • �. .. *s ... T 1 -_� i e's"'j '!"i'aw.Mn.ga,�.�n x...,�... � "�' •.w�'++,w�k, .•..'•"r.M.•.r t ...g. ' .. i 4 '4k1#+ k { p l 1 y� IJ �:. � f o- die f• a ,••s b e e r ! '' w R g N B .c ^i xv a. i Y i"Q i• '+ i � � ( i;y ti i• • m � -r •xr nt'#. ca$'{���`r� R aii t k, ,.t -a s .. •< i 9 i 3.n F 3t • t ., R t �k r. a i ,. 4 t r P f a+ L f. + t• I t t` d t k &'f. :A Page 1 of 5 AN ORDINANCE AMENDING THE CiTY OF CORPUS CHRISTI PRESERVATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, BY ADDING FOUR (4) "HC" LANDMARK ZONING DESIGNATIONS AND 'WVO (2) PROPERTIES DESIGNATED AS POTENTIAL LANDMARKS; AMENDING THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, Section 28A-11.01.01 of the City's Zoning Ordinance requires that the Preservation Plan, an element of the Comprehensive Plan, identify and catalog buildings, structures, sites, districts, areas, lands and other objects of special architectural, historical, archeological, or cultural value, as Landmarks or Potential Landmarks, and include a statement of facts which verify their significance; WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its report recommending the designation of four (4) Landmarks and two (2) Potential Landmarks and the proposed corresponding amendment to the City of Corpus Christi Preservation Plan; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, March 12, 2003, during a meeting of the Planning Commission, and on Tuesday ,April 22, 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 concerning the designation of four (4) Landmarks and two (2) Potential Landmarks and the proposed corresponding amendment to the Preservation Plan; WHEREAS, the City Council by ordinances adopted on Tuesday, February 11, 2003,, zoned four properties with the overlay "HC' Classification including the Metropolitan Community Church, HC-I, Sharon Chatterton Home, HC~F, South Bluff United Methodist Church, HC-I, and Oak Park United Methodist Church, HC-I; WHEREAS, the property owners at 1008 Furman Avenue and 356 Merrill Drive responded to City Staff, in writing, and agreed to list these properties as Potential Landmarks; and WHEREAS, the City Council has determined that the designations and this amendment to the Preservation Plan 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. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding to APPENDIX A (CATALOG OF H:\LEG~D~R\D~y~eD~Curtis\MYD~S~3\P&~RD~3\Deve~pment~P~an\Preserva~ti~nP~an\D~y~e~\D~41703.OrdAmend.PresPlan.doc Page 2 of 5 DESIGNATED LANDMARKS) the four (4) "HC" designated Landmarks as shown in Attachment A to this ordinance. SECTION 2. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding to APPENDIX B (POTENTIAL LANDMARKS) two (2) Potential Landmarks as shown in Attachment B to this ordinance. SECTION 3. The properties listed in Appendix B, Catalog of Potential Landmarks, of the City of Corpus Christi Preservation Plan are designated as Potential Landmarks and the provisions of Section 28A-7.01 of the Zoning Ordinance apply to the demolition or removal of each Potential Landmark or its permanent landscaping. SECTION 4. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 5. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\ L E G-DIR\D o yle D. C u rtis\M Y DOC S~2003\P &ZO R D 03\D eve lop rnent. Pla n \P re serva.tio n Pla n\DoyleC\D C041703, O r dA me n d. P res Pla n. doc Page 3 of 5 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret That the foregoing ordinance was read for the first time and passed to its second reading on this the 22nd day of April, 2003, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the second time and passed finally on this the 29th day of April, 2003, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the 29th day of April, 2003. ATTEST: Armando Chapa City Secretary boyl~ D,i~urtis Chief, Administrative 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~Curtis~/~YDO~3\P&Z~RD~3\Deve~pment~P~an\Preserva~tionP~an\D~y~eC\DC041703.~rdAmend.PresPian~d~c Page 4 of 5 CATALOG OF "HC" DESIGNATED LANDMARKS APRIL 2003 STREET ADDRESS & LEGAL OVERLAY ZONING W/"HC" DESCRIPTION DESIGNATIN NAME 1315 Craig Street Metropolitan Community R-2/"HC-I" Church Lots 16-20, Bk 16. Bay View 821 Oak Park Sharon Chatterton Lots 1-4 & Lots 21 & 22, Bk 2, Oak R-1B/"HC-F" Park, South Bluff United 1329 Seventh Street Methodist Church AB/"HC-I" Lots t2-16, Bk 2, Bay View 878 Oak Park Oak Park United R-1B/"HC-I" Methodist Church Lots 10-12, Bk 9, Oak Park Attachment A (H:WORD~PLN-DIR~UNDA\WORD\ORD\HCPOTENTIALLAN DMARK.ORD.DOC) L E G-D IR\Doyle D. C u Hi s\M Y D O C S~2003\P&ZO R D 03\Develo p rn e n t. Pla n \P re se rva.tio n Pla n\Doyle C \D C 041703. O rd A rn end, P re s Pla n, doc CATALOG OF"POTENTIAL LANDMARKS" APRIL 2003 Page 5 of 5 NAME STREET ADDRESS & LEGAL DESCRIPTION ZONING DESIGNATION 1008 Furman Avenue Enemencio A-1 Torres Lot 2, Bk 1, Shannon Robert L. 356 Merrill Drive R-1B McCarty NE half of Lot 28, all of Lots 29 & 30, & SW half of Lot 31, Block 1, Saxet Heights 1 Attachment B LEG-D~R\D~y~eD~urtis~MYD~3\P&Z~RD~3\Deve~pment~P~an\Preserva~ti~nP~an\D~y~e~\DC~4~1703.OrdAmend.PresPlan.doc 13 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003) Case No.: 0303-01~ Richard Hesse: A change ofzuning fi.om a "R-lB" One-family Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, located on the northwest comer of Yorktown Boulevard and Cimarron Boulevard. Planning Commission and Staff's Recommendation t[03/26/03): Approval. Requested Council Action: Approval of the "B-4" District and adoption of the attached ordinance. Purpose of Request: For unspecified commercial development. Summary: The applicant has requested a change of zoning fi.om a "R-lB" One-family Dwelling District to a "B-4" General Business District for unspecified commercial development. The applicant is the prospective purchaser of the undeveloped 4.7 l-acre area. The subject property consists of 532.03 feet along Yorktown Boulevard and 552.98 feet along Cimarron Boulevard. Access to the subject property is provided along Yorktown Boulevard and Cimarron Boulevard, both being rural design arterial roadways. Potential single-family development in the "R-lB" District could generate 340 vehicle trip ends per day or 1,700 vehicle trip ends per day in the "B-4" General Business District. With a change of zoning to a "B-4" District, commercial development could generate 122 vehicle trip ends per day. Traffic generated fi'om these development scenarios could possibly impede movement along Yorktown and Cimarron Boulevards due to the current rural street design. However, the Transportation Plan recommends that Yorktown and Cimarron Boulevards be improved as arterial roadways with full pavement sections. North and west of the subject property is an undeveloped "R-1B" District tract and an "A-1" Apartment House District tract with access to Cimarron Boulevard and Yorktown Boulevard respectively. Across Yorktown Boulevard, to the south, is a "R-lB" District developed with public utilities and a "B-4" District area developed with a church. To the east, across Cimarron Boulevard, is an undeveloped area zoned with a "F-R" District. The Southside Comprehensive Area Development Plan's future land use map recommends the subject property develop commercially. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, nineteen (19) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor (also being the owner of the subject property) and none in opposition. The 20% rule is not in effect at the City Council hearing. Assistant Director of Developmen! Services MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H :\PLN-DI R\ERMA\WORD~AGENDMEM\0303 -01 AG ENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0303-01 March 26, 2003 G16C Richard Hesse 4.71 acres Same as above. "R- 1B" One-family Dwelling District "B-4" General Business District Undeveloped land. Unspecified commemial development. Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, located on the northwest comer of Yorktown Boulevard and Cimarron Boulevard. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Not applicable. Adjacent Zonine: North - "R-lB" One-family Dwelling District South - (across Yorktown Boulevard) "R-lB" One-family Dwelling District and "B-4" General Business District East - (across Cimarron Boulevard) "F-R" Farm-Rural District West - "R-1B" One-family Dwelling District and "A-1" Apartment House District Zoning Report Case No. 0303-01 (Richard Heese) Page 2 Adiacent Land Use: North, East, and West (across Cimarron Boulevard) - Undeveloped land. South - (across Yorktown Boulevard) Public Utilities and Church. Number of Residential Units Allowed: "R-lB"- 34 units (7.26 dwelling units per acre) "B-4" - 170 units (36.30 dwelling units per acre) Estimated Traffic Generation: Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 34 dwelling units = 340 average weekday vehicle trip ends. Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 170 dwelling units = 1,700 average weekday vehicle trip ends. General Commercial - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 3,000 square feet of gross floor area (ITE Manual average floor area) = 122 average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) Yorktown Boulevard - arterial Cimarron Boulevard - arterial Right-of-Way Design Cu~em: a) 100-foot right-of-way with a 24-foot wide rural paved section. b) 80-foot fight-of-way with a 24-foot wide rural paved section. Planned: a) 120-foot right-of-way with a 100-foot back-to-back paved section b) 120-foot right-of-way with a 100-foot back-to-back paved section. 2001 Traffic Count (24-hour~ weekda¥~ non-directional): a) 11,760 vehicles per day b) 10,840 vehicles per day Zoning Report Case No. 0303-01 (Richard Heese) Page 3 Zoning History of Property: The subject property was annexed July 1995 and designated with a "R-lB" District. Recent Surrounding Zoning Cases: November 2001, property west of the subject property was rezoned to an "A-1" Apartment House District. Property southeast and across Yorktown Boulevard is pending a zoning change from "B-4" General Business District to "R-1C" One-family Dwelling District for single-family development. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business District for unspecified commercial development. The applicant is the prospective purchaser of the undeveloped 4.71-acre area. The subject property consists of 532.03 feet along Yorktown Boulevard and 552.98 feet along Cimarron Boulevard. Access to the subject property is provided along Yorktown Boulevard and Cimarron Boulevard, both being rural design arterial roadways. Potential single-family development in the "R-lB" District could generate 340 vehicle trip ends per day or 1,700 vehicle trip ends per day in the "B-4" General Business District. With a change of zoning to a "B-4" District, commercial development could generate 122 vehicle trip ends per day. Traffic generated from these development scenarios could possibly impede movement along Yorktown and Cimarron Boulevards due to the current rural street design. However, the Transportation Plan recommends that Yorktown and Cimarron Boulevards be improved as arterial roadways with full pavement sections. North and west of the subject property is an undeveloped "R-lB" District tract and an "A-I" Apartment House District tract with access to Cimarron Boulevard and Yorktown Boulevard respectively. Across Yorktown Boulevard, to the south, is a "R-lB" District developed with public utilities and a "B-4" District area developed with a church. To the east, across Cimarron Boulevard, is an undeveloped area zoned with a "F-R" District. The Southside Comprehensive Area Development Plan's future landuse map recommends the subject property develop commercially. Potential Housing Density: The "R-1B" District allows a residential density of 7.26 units per acre or 34 units. The "B-4" District permits a residential density of 36.30 dwelling units per acre or 1760 units on the subject property. A change of zoning from a "R-lB" District to a "B-4" District will increase the number of residential units per acre permitted on the subject property. Zoning Report Case No. 0303-01 (Richard Heese) Page 4 Height/Bulk/Setbacks/Etc.: A twenty (20) foot fi:om yard setback is required in the "R-lB" District along with a side and rear setback of five (5) feet. The maximum building height in the "R-lB" District is three (3) stories or thirty-five (35) feet. The "B-4" Districts require a fi:om yard setback of twenty (20) feet with no required side or rear yard setbacks unless adjacent to a residential district where a setback often (10) feet is required. A setback often (10) feet will be required along the north and west property lines. The are no building height limitations in the "B-4" District. Signage: The "R-lB" District provides for one (1) sign attached to the wall and to exceed an area of one (1) square foot. Wall signs and fi:eestanding signs in the "B-4" District are unlimited as to size, height, or number provided they are located behind the fi'ont yard setback. Ifa freestanding sign is located in the front yard setback, the freestanding sign is limited to one sign per street frontage with a sign area of forty (40) square feet and a height of 25 feet. Traffic: The subject property has access fi:om Yorktown and Cimarron Boulevards, both being a rural design arterial. Yorktown Boulevard is accommodating approximately 11,760 vehicles per day and Cimarron Boulevard approximately 10,840 vehicles per day. Traffic generated fi:om single-family to commercial development scenarios could possibly impede movement along Yorktown and Cimarron Boulevards, due to the current rural street design. However, the Transportation Plan recommends that Yorktown and Cimarron Boulevards be improved as arterial roadways with full pavement sections. Pros: (Ideas in support of the request.) The Southside ADP future landuse map recommends the subject property develop commercially. b) The subject property has direct access to an arterial. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning Map H:\PLN-DIR\ERMA\WORD~ZONRPTS\2003~0303 -01 CCREPORT.DOC R-lB R-lB F-R A-I SUBJECT PARCEL B KING'S UNIT 1 PHASE B-4 B-4 F-R R-lB Mar 20, 2003 - RP CASE Z0303-01 ~O Subject property Owners within 200 feet listed on attached ownership list COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0303-01 Richard Hesse · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 1) Opposition: Virginia Benys, 6850 Mountain Spring, San Antonio, Texas 78249 "Need more "B-4". None. II. III. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Opposition: Virginia Benys, 6850 Mountain Spring, San Antonio, Texas 78249 None. H :\P LN-DIR\ERMA\WORD\COMMDATA~0303-01 COM M ENTS .DOC DRAFT PLANNING COMMISSION MINUTES March 26, 2003 Richard Hesse: 0303-01 REQUEST: "R-lB" One-family Dwelling District to "B-4" General Business District, located on the northwest comer of Yorktown and Cimarron Boulevards. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. Ms. Goode-Macon stated that there were 19 notices mailed to property owners within a 200-foot radius of which none were returned in opposition or in favor. Ms. Gunning responded to questions regarding a case previously presented to the Commission by stating that the Hesse group planned to develop townhome residences; however, they have sold the property to other investors. He also addressed ingress/egress issues by stating that the plat identified a secondary access in a gated community with private streets. Mark Simon, Plans Examiner Coordinator in Special Services, stated that the subject property owner would have secondary access via a permanent road in King's Pointe 4 and 5. The road would be a continuation from the subject property and there would also be an access road onto Cimarron Boulevard. Chairman Berlanga opened the public hearing. No one appeared in favor or in opposition. The public hearing was closed. Motion by Pusley, seconded by Smith, to forward a recommendation of approval to the City Council. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RICHARD HESSE BY CHANGING THE ZONING MAP IN REFERENCE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 10, BEING 4.71 ACRES OUT OF LOT 9, FROM "R-tB" ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL 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 Richard Hesse 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, March 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 29, 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 Flour Bluff and Encinal Farm and Garden Tracts, being 4.71 acres of Lot 9, Section 10, located on the northwest corner of Yorktown Boulevard and Cimarron Boulevard, from "R-lB" One-family Dwelling District to "B-4" General Business District, as 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, 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. \\CLSTR I_USERS2_SERVER\USERS2\LEG~DIR\JOSEPH~ZONING~O303-01REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 29th day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED A~r~ ( Joseph~arney ~ Assistant City Attorney For City Attorney 2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ZONING\0303-01REGULAR,DOC Page 3 of 3 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott \\CLSTR I_USERS2_SERVER\USERS2\LEG*DIR\JOSEPH~ONING\0303-01REGULAR.DOC ~-23-203 8:2BAH FRO~ PLANNING B12 880 3B90 STATE OF TEXAS § COUNTY OF NUECES § 4.71-ACRE TRACT FIELD NOTES to describe the boundary of a 4.71-acre tract out of a called 90,36-acre tract deeded to Adolph Benys as recorded in Volume 224, Page 435, Deed Records, Nueces County. Texas and being out of Lot 9. Section 10, Flour Bluff and Enclnal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County. Texas, said 4.71-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" steel rod set in the north right-of-way of Yorktown Blvd. (100' ROW) and the west right-of-way of Cimarron Bird, (40' ROW) for the southeast comer of this tract from which the southeast comer of said Lot 9, being the centerline intersection of Yorktown Blvd. and Cimarron Blvd,, beam S-28°-40'-37"-W. 40.00' and S-61'-16'-47"-E, 20.00'; THENCE, N-61°-16'-47"-W, along the north right-of-way of Yorktown Blvd., a distance of $32.03' to a 5/8" steel rod found for the lower southeast corner of a called 22.04-acre tract deeded to Cloudcroft Land Ventures as recorded in Document #2001039485, Official Records, Nueces County, Texas and the southwest comer of this tract; THENCE, N-28*-40'-37%E, a distance of 275.67' to a 5/8" steel r°d found for an interior corner of said Cloudcroff tract and the lower northwest corner of this tract; THENCE, S-61°-16'-47"-E, a distance of 32t.50' to a 5/8" steel md found for the middle southeast corner of said Cloudcroft tract and an interior comer of this tract; THENCE, N-28*-40'-37"-E, a distance of 277.31' to a 5/8" steel rod found for an interior corner of said Cloudcroft tract and the upper nodhwest corner of this tract; THENCE,. 8-61~-16'-47"-E, a distance of 210.53" to a 5/8" steel rod found in the west right-of- way of Cimarron Blvd. for the upper southeast comer of said Cloudcroft tract and the northeast comer of this tract; THENCE, 8-28'-40'-37"-W, along said right-of-way, a distance of 552.98' to the POINT OF BEGINNING and containing 4.71 acres of land, more or less. I do hereby certify that these field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge, COYM, REHMET & GUTIERREZ GUTIERREZ ENGINEERING, INC. C:kMy Documents\FiELD NOTES\94470 4,71 ac,do~ Job No, 9447c Page 1 of 1 14 City of Corpus Christi INTEROFFICE MEMORANDUM FROM: SUBJECF: DATE: MICI~IAEL N. GUNNING, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES/D~O~ OF PLANNING ~' -- HAROLD ICRONKE - CASE: 0203-04 O4/25/O3 The attached information received from Harold Kronke indicates that the applicant is acceptable to a "B-i" District on Tract 1 and a "R-lB' District with a Special Permit for three (3) duplexes on Tract 2. Per the applicant's representative, a meeting with some neighborhood residents has occurred on a one to one basics, but not as a group meeting, as of April 23, 2003. Information on drainage of the property from Bass & Welsh Engineering and Randy Thompson, a professional engineer is attached. Bass and Welsh Engineering states that "preliminaryinvestigation indicates that k will be possible to limit the runoff from the ske after k is develop to the predevelopment quantity. It will be necessary to build a detention pond on the west portion of the property to retain excess runoff in order that it might be released at the predevelopment date. At such time as the drainageway is improved by the City to a point that it will handle the runoff from the surrounding area, you will be able to recover the land under the detention pond for a more productive use." The City Development Services Special Service Division is reviewing the preliminary information prepared byBass & Welsh and Randy Thompson regarding drainage. A response to the preliminaxy information will be available before the City Council hearing. Additionally, the drainage area on the propertyis comidered a natural drainage area is not maintained by City. Maintenance of the drainage area will not occur until the drainagewayis dedicated and the propertyis platted. ~-2B-203 9:37AM FROM PLANNING S12 880 3~9~ BASS & WELSH ENGINEERING 361 882-5S2 t 361 ~2-i ZeS murreyjr~ eol.com Mr. Richard Kronke 10209 N. Harrington Corpus Chdsti, TX 78401 ApHI22,2oo3 Re: Lot 7-B, Being the north portion of 2.72 acre tract described in Volume 1750 at Page 936, Deed Records, Nueces County Texas Dear Mt. Kronke; This is to report to you on our preliminary investigations into the drainage from the above reference site as it relates to the proposed development. · It is our understanding the4 land owners in the ama are concerned about placing additional runoff into the existing drainage system and we have studied that situation, Our study ia based on an assumption, that when platted there will be a drainage easement dedicated 30' each side of the centedine of the existing drainage Our preliminary investigation indicates that it will be possible to limit the runoff from this site after it is development to the pmdevelopment quantity. It will be necessaryto build a detention pond on the west portion of the property to retain the excess runoff in order that it might be released at the predevelopment date. A copy of our prelim nary calculations are attached. At such time as the drainage way is improved by the City to a point that it will handle the runoff from the surrounding area, you will be able to recover the land under the detention pond for a more productive use. Please call us ii" you have any questions or require any additional information. Enclosures: Preliminary Calculations MTy Bass J~., P.E. R,P.L/'.S. RECEIVED APR 3 2003 OITY OF CORPUS CHRISTI ~.D..EVE~.OPMENT SERVlCE~ 4-25-203 9:37AM FROM PLANNING S12 880 3S90 P. 2 FAX TRANSMITTAL Murray Bass P.E. From: .Randy Thompson P.E. Fax #: 361-854-6241 Telephone #: 361-8:51-1032 April 21, 2003 - Rtgarding fig drainag~ for the car wash on Violet Road, my prelirainary calculations indicatg that in order to limit ru~offto pre-develop~gnt quan6ties, a detention pond of ~ ~,, ~:~ ~..(o.? ~ to, ~ ~Ol,~) Pm-D-- -' ..'..'." ~;.:-~,.,x- ~v~lopmmt Q3 Ru~off=2.32'cfs" '- outle~ pipe ~nd overflow spillway. RECEIV'EI) ~ 4-2B-203 9:38AM FROM PLANNING ~12 880 3B90 P. 3 ~~' '~ ~ ,,,~ f....- . .. ' ~ H, ~R -:. -.: .~ ~, :-':~ ~4 V-I~, P-711-71~ YARD -- '-'- STR~f A-2B-203 9:39AM FROM PLANNING B12 880 3590 1 .I'~ ~' '4 / / ./ /' / ,/// A-2B-2E~3 9: 39AM FR©M PLANNZNG 512 880 3B90 @/ (NSO'~8'OO'W ~03.00') '/ Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 1, BEING 1.71 ACRES AND A "R-IB"ISP ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR THREE (3) DUPLEXES ON TRACT 2 BEING 1.01 ACRES; 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 Harold Kronke 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, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 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 2.720 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, as shown on the map attached as Exhibit A, from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business District on Tract 1 being 1.71 acres, as described in Exhibit B, and a "R-1B"w/SP One-family Dwelling District with a Special Permit for three (3) duplexes on Tract 2 being 1.01 acres, as described in Exhibit C. 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. \\CLSTR I_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ZONING\0203_ 04REGULARAPPLICANTNEWREQUEST,DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED fit b~-~ I Assistant City Attorney For City Attorney 2OO3 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi \\CLSTRI_USERS2 SERVER\USERS2\LEG-DIR\JOSEPH~ZONING\0203- 04REGULARAPPLI~ANTNEWREQUEST,DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L, Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott \\CLSTR1 USERS2 SERVER\USERS2\LEG-DIR\JOSEPH~ONING\0203- 04REGUL-ARAPPLI(~ANTNEWREQUEST,DOC 4-23-203 10: l lAM FROM PLANNING ,~12 88~ 3E,9~ p. ] A-1 R'-I B B-4 L 8 ACRES Feb 11, 2003 - R~ 1 O0 200 .300 CASE Z0203-04 B-4 R-lB On~-~rnily Dwellln~ Dist. A-1 Aportment House Dist. APPLICANT'S NEW REQUEST EXHIBIT A A-23-2D3 10:13AM FROM PLANNING ~12 880 3,~9~ PROPOSBD'P,15ZONIN(~ TRACr C,A~E NO. 020:$.04 HAROLD K. AOlqg. E Being 1.71 acxes, more or less, out of the 2.720 acre lract described in Volume 1750, Page 936, Deed Recorda of Nuoces County, Texas. and being a poxtinn of Bloclc~ 7 and 8 of the Shell Road Poultry Acres, shown on Plat of R~cord in Volume 5, Page 40, Map Record~ of Nueces County, Texas, said 1.7980 acre tract being more paxticularly described by metes and bound~ a~ follows: BEGIHNIHG at a point, the nor&east comer of raid 2.720 acre tract and said Block 7, for a point on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE $ 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 pass the southeast comer of said Block 7, in all 382.20 fo~t to the southeast comer ofthls tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwe6't corner of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of thi, tract; THENCE $ 52° 05' 00" 15 with the north line of said Block 7, 215.78 feet, more or 'less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. ~I:~PLN-DI K~ERMA\WOR DXM&B\0203.04M&B,DOC I~XItlBIT g APPLICANT'S NEW t~EQUgST ,~--23-2~3 10: 12AI,'I FROi"4 Pt_ANN ][ NG ,~ 12 880 ,:~9~ P. 2 PROPOSED RP-,ZONING TRACT CAgE NO. 0203-04 · HAROLD KRONKE 'J~ct ~ Being L01 acres, more or less, out of the 2.720 acre h'act described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 or'the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40~ Map Records of Nueces County, Texas, said 1.01 acre tract being more particularly described by metes and bound~ as follows; BEGI~NING m a point, the wester-most comer of said 2.72 acre tract, for a point on the southeast right-of-way line of existing Church Street, and the weSt comer of thc tract herein described; THENCE N39° 02' 00' E, .along said southeast right-of-way line of Church Street, a distance of 428.70 feet, to the north comer of said 2.72 acre tract and the no'th comer of this tract; THI/NCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a point, for tho east comer of this tract; TI-~NCE S 39~ 02' 00" W, a d/stance of 42g.70 feet, to a point, for thc south comer of this tract; THENCE N 50° 58' 00" W, a distance of 103.05 feet, more or less, to a point on the southeast right-of-way line of existing Church Sffeet, for the POINT OF BEGll~NING. H:~'LN-DIR\ERMA\WORD',M&B\0203-O4M &B DOC EXHIB%T C APPLICANT tS NEW REQUE,$T INTEROFFICE MEMO DATE: TO:. FROM: 4/17/03 MAYOR LOYD NEAL AND aTY GOUNCIL IVI~MBERS MICI-IAEL GUNNING, DIRECTOR OF PI2kNNING AND ASSISTANT DIRECTOR OF/ DEVELOPMENT SERVICI~S TABLE REZONING CASE 0203-04 - HAROLD KRONKE THE APPLICANT IS REQUESTiNG THIS ITEM BE TABLED UNTIL APRIL 29,2003 TO ALLOW ADDITiONAL TIME TO MEET WITH THE NEIGHBORHOOD. ON APRIL 15, 2003 CITY OOUNCIL TABLED THE CASE UNTIL APRIL 22, 2003. FGM/LW ATTAC~IMENTS 4/17/03 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003) Case No. 0203-04~ Harold Kronke: A change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street Planning Commission's Recommendation (02/26/03): Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2. Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2. Requested Council Action: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2 and adoption of the aitached ordinance. Purpose of Request: For a car wash and duplex development. Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business DishSct on Tract 1 and a "R-2" Multiple Dwelling District on Tract 2. The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is along Violet Road, an arterial and along Church Street, a rural residential street. However, access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert runs diagonally through the property and serves as drainage out fall. Prior to construction, it is the responsibility of the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm water drainage system to handle projected stormwater nmoff. The Noffitwest Area Development Plan recommends the subject property to develop with low-density residential uses. However, the "B-4" General Business District could be supported for a limited area of Tract 1 due to its adjacency to Violet Road, an arterial. Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access for the duplex development will be along Church Street, a rural residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips. The subject property is located in an area that the adopted Northwest Development Plan recommends to develop with low-density residential uses based on its current "R-lB" zoning. Agenda Memorandum April 15, 2003 Case No. 0203-04 (Harold Kronke) Page 2 Applicant's Position: The applicant concurs with Planning Commission's recommendation on Tracts 1 and 2 and Staff's recommendation on Tract 1. Notification: Prior to the date of this memorandum, twenty-five (25) notices were mailed to the property owners within a 200-foot radius, of which none were returned and seven (7) were returned in opposition, totaling 33.03% opposition. The 20% rule is in effect at the City Council hearing. 7~, ic.~., el ~N& 9 .m}ning, AICP . Assistant Dtrector of Development Servmes MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Ordinances H:\PLN-DIR\ERMA\WOKD~AGENDMEM\0203-03AGENDAMEMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0203-04 Febmary26,2003 L10B Harold Kronke Church Street and 500 feet north of Leopard 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: Adiacent Zoning: North - "B-4" General Business District South, West- "R-lB" One-family Dwelling District Tract 1 - 2.187 acres Tract 2 - 0.533 acres Total =2.720 acres Same as above. "R- 1B" One-family Dwelling District. "B-4" General Business District and "R-2" Multiple Dwelling District. Undeveloped land. Car wash and duplex development. Not applicable. East (across Violet Road) -" One-family Dwelling District and "B-4" General Business District Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Zoning Report Case No. 0203-04 (Harold Kronke) Page 2 Adiacent Land Use: North - Undeveloped South, West - Single-family residences, church and restaurant. East (across Violet Road) - Single-family residences and supermarket. Number of Residential Units Allowed: "R-1B" - 19 units (7.26 units per platted lot) "R-2" - 7 units (14.52 units per acre) "B-4" - 79 units (36.30 units per acre) Estimated Traffic Generation: Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 19 dwelling units = 190 average weekday vehicle trip ends. Duplex - 6.47 average weekday vehicle trip ends per unit x 7 units = 45 average weekday vehicle trip ends. Duplex - 6.47 average weekday vehicle trip ends per unit x 4 units = 25 average weekday vehicle trip ends. Car Wash - 22.00 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 2,400 square feet of gross floor area = 52 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Violet Road - arterial b) Church Street - rural local Right-of-Way Design Current: a) 80-foot right-of-way ~vith a 48-foot back-to-back rural paved section. b) 40-foot fight-of-way with an 18-foot rural paved section. Planned: a) Same as current. b) 50-foot right-of-way xvith a 28-foot back-to-back paved section. Zoning Report Case No. 0203-04 (Harold Kxonke) Page 3 2002 Traffic Count (24-hour~ weekday~ non-directional): a) b) 8,929 vehicles per day. Not available Zoning History of ProperS: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity surrounding the subject property within the past five- (5) years. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and a "R-2" Multiple Dwelling District on Tract 2. The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is along Violet Road, an arterial and along Church Street, a rural residential street. However, access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert runs diagonally through the property and serves as drainage out fall. Prior to construction, it is the responsibility of the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm water drainage system to handle projected stormwater runoff. The Northwest Area Development Plan recommends the subject property to develop with low- density residential uses. However, the "B-4" General Business District could be supported for a limited area of Tract I due to its adjacency to Violet Road, an arterial. Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access for the duplex development will be along Church Street, a rural residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips. The subject property is located in an area that the adopted Northwest Development Plan recommends to develop with low-density residential uses based on its current "R-lB" zoning. Potential Housing Density: A "R-1B" District permits 7.26 units per acre or 19 units on the subject property with a minimum lot size of 6,000 square feet. The requested "R-2" District Zoning Report Case No. 0203-04 (Harold Kronke) Page 4 permits 14.52 units per acre or 7 duplex units on the 0.533 acre area. The requested "B-4" District permits 36.30 dwelling units per acre or 79 units on the subject property. Height/Bulk/Setbacks/Etc.: A "R-lB" District requires a front yard setback of 25 feet and a side and rear yard setbacks of five (5) feet each. Building heights are limited to 35 feet and three (3) stories in the "R-lB" District. The "R-2" District requires a front yard setback of 20 feet and side and rear yard setbacks often (10) feet each. The "B-4" District requires a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback often (10) feet along that residential adjacency would be required. The subject property has residential adjacency along the south property line that will require a setback of ten (10) feet. There are no building height limitations in the "B-4" District. Traffic: The development of the subject property as a car wash would generate approximately 52 vehicle trip ends and as a duplex 25 vehicle trip ends. Screening: The subject property would be required to place a six (6) foot screening fence along the south property line of the proposed "B-4" District. Infrastructure: Within Tract 1 an open ditch with a box culvert runs diagonally through the property and serves as drainage out fall. Prior to construction it is the responsibility of the developer to obtain a licensed professional engineer with the state of Texas that will perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm water drainage system. If capacity is not sufficient then options should be developed for the site that will not adversely impact upstream and downstream properties. Pros: (Ideas in support of the request.) a) Tract 1 - A limited area of Tract 1 could be developed as business due to its adjacency to Violet Road, an arterial. b) Tract 2 - None Cons: (Ideas in support of maintaining the current zoning.) a) Tract 1 - A portion of the subject property adjacent to Church Street should remain residential due to the limited paved section of Church Street. b) Tract 2 - Due to Church Street's limited paved section single-family development should be encouraged along this area that would generate lower traffic volumes for Tract 2. Zoning Report Case No. 0203-04 (Harold Kronke) Page 5 Staff Recommendation: Denial of the "B-4" General Business District on 2.71 acres of Tract 1, and in lieu thereof, approval of the "B-4" General Business District on 1.71 acres of Tract 1 per Exhibits A and B of Staff recommendation maps. Denial of the "R-2" Multiple Dwelling District on Tract 2. Attachments: Zoning Opposition Map Applicant's Request - Exhibits A, B, & C Planning Commission's Recommendation - Exhibits A, B, & C Staffs Recommendation - Exhibits A & B H:\PLN-DIR\ERMA~WORD~ZONRPTS~2003\0203-04CCREPORT DOC A-I ~H 37 B-4 2 B-4 .L 6--C 10 ~ B-4 Feb 12, 2005 -- RP CASE Z0203-04 )O Subject property Owners within 200 feet listed OPPOSITION MAP on attached ownership list B-4 A--1 RN B-4 10 8 Feb 11, 200~- RP ~1 O0 20O 300 =------- CASE Z0203-04 R~-I B TRY ACRES R-lB One-F~rnily Dwelling Dist. A-1 Apor trnent House Dist. B-4 C~nerol Business Dist. APPLICANT'S REQUEST B B-4 4 EXHIBIT A TRACT 2 .~' / ~O~' o.s3~ ACRES ¢,~ / ~ ~ PROPOSED R-2 REZONING- ~ ~ 2.187 ACRES ~ , .&~/_~ ~ ~ / T~C~ ~.o.~. / ~/.~ 0 I00' 200' DRNJLM OAT[1/30/05 ~ RICHARO KRONKE EXHIBIT B ............ ,u~,~ PROPOSED REZONING TRACTS 1/~0/03 ~ ~,T~ ~S CORPUS CHRISTI TEXAS s~ JoB .o 30004 o.~w,Nc NO. 30004_[X_B sc~[ AS NOTED m I APPLICANT'S REQUEST Exhibit c Proposed Rezoning Tracts J200.30004 Being two tracts of land proposed for rezoning, together being all of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres according to a map recorded in Volume 5, Page 40, Map Records of Nueces County, Texas, and each tract being more particularly described by metes and bounds as follows: Tract 1 Tract 1 being proposed for a B-4 rezoning and being 2.187 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; · Beginning at the northeast comer of this tract, said comer also being the northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the northwest right-of-way line of Violet Rd.; Thence, S 44° 51' 00" W with the southeast boundary of this tract and the northwest right-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of this tract; Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this tract; Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract; Thence, N 50" 58' 00" W, 103.08 feet, to the westmost southwest comer of this tract, said comer being on the southeast right-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of- way line of Church Street, 203.70 feet, to the noiXhwest comer of this tract and said 2.720 acre tract, said comer being on the north line of Block 7 and the south line of Block 8; Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86 feet, to the point of beginning and containing 2.187 acres of land, more or less. Tract 2 Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume.1750, Page 936, Deed Records of Nueces County, Texas; Begimfing at the southwest comer of this tract, said comer also being the southwest comer of said 2.720 acre tract and lying on the southeast right-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the northwest comer of this tract; Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same being the interior comer of Tract 1; EXHIBIT C APPLICANT'S REQUEST 2 Thence, S 39° 02' 00" W with the east boundary of this tract, at 170.00 feet pass the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of this tract and the southmost southeast comer of said 2.720 acre tract; Thence, N 50° 58' 00" W, 103.08 feet, to the point of beginning and containing 0.533 acres of land, more or less. EXHIBIT C CONTINUED APPLICANT'S REQUEST A-1 R'-I B B-4 B-4 ROA[ TRY ACRES 10 Feb 11, 2003- RP o lOO 3oo -- CASE Z0203 04 B-4 R-lB One--Fumi ly Dwel ling Dist. A--I Aportn~nt Housr Dist. B-4 General Business Dist. PLANNING COMMISSION RECOMMENDATION EXHIBIT A PROPOSED REZON1NG TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 1 Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest fight-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest fight-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest fight-of-way line of Violet Road for the POINT OF BEGINNING. H:\PLN-DIR\ERMA\WORD~M &B\0203-04M &B.DOC EXHIBIT B PLANNING COMMISSION RECOHHEHDATIO PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 2 Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a point, the westernmost corner of said 2.72 acre tract, for a point on the southeast fight-of-way line of existing Church Street, and the west comer of the tract herein described; THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of 428.70 feet, to the north corner of said 2.72 acre tract and the north corner of this tract; THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a point, for the east comer of this tract; THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract; THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast right-of-way line of existing Church Street, for the POINT OF BEGINNING. H:~P LN-DIR\ERMA\WORD~M&B\0203-04M&B.DOC EXHIBIT C PLANNING COMMISSION RECOMMENDATION A-1 R~-I B B 4 B-4 TRY ACRES lO Feb 11, 2003 - RP 0 100 3OO CASE Z0203-04 B-4 R-lB One-~u~ily Dwelling Dist. A-1 ^por tment House Dist. B-4 Generol Business Dist. STAFF'S RECOMMENDATION EXHIBIT A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE .Tract I Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the norlhwest right-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest fight-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest fight-of-way line of Violet Road for the POINT OF BEGINNING. STAFF'S RECOMMENDATION EXHIBIT B H:\PLN_DiR\ERMA\WORD~vI&B\0203-04M&B.DOC COMMENTS RECEWED FROM NOTICES MAILED Case No. 0203-04 Harold Kronke · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: None. Opposition: 3) Jack McCord, 11129 Birdwood Lane 78410 See attached letter. 4) James Lowe, 11126 Timbergrove Lane "Too much traffic on Violet road and Timbergrove now." 11) Don and Sandy Ward, 4441 Church St. "Street which will not support commercial traffic. Previous flooding that likely will worsen possible additional noise issues. Loss of property value." 12) James H. Masur, 4549 Violet Road No written comment. 17) Dan McCaskill, 4430 Church St. No written comment. 20) Edward and Melissa Nufiez, 449 Church St. No written comment. 21) Ed and Donna Mickley, 4457 Church St. "We do not want a car wash right across from our yard. This is a quiet area." Responses received from outside the 200-foot notification area: Favor: None. II. Opposition: None. Comments Received Case No. 0203-04 (Harold Kronkc) Page 2 III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN.DIR\ERMA\WORD\COMM DATA50203-04COMMENTS.DOC Jack McCord 11129 Birdwood Ln Corpus Christi. Tx 78410 Planning Department City of Corpus Christi Corpus Christi. Tx 78469-9277 RE: OPPOSITION TO CHANGE ZONING: SHELL ROAD POULTRY ACRES, 2.72 AC. Dear Planning Board Commissioners: My homestead is on Lots 1 & 2 on Birdwood Lane, directly across from the property requesting rezoning I am strongly opposed to rezoning this property to B-4 General Business from R-lB One Family Dwelling District. My opposition is for 4 reasons, which I refer to below. First, the demographics of this area are not suited for B-4. The homes on this section of Violet Road are valued at over $100,000 and there are school age children from both Calallen and Tuloso-Midway that do distance running in this area. One track team member has already been hit in this area. Along this Violet Road area is a high incidence of pedestrian traffic of women and children,, that frequent both the HEB and fast food franchises on Leopard at one end and IH 37 on the other end. Secondly, the B-4 undeveloped tract adjacent to the current request has been there for some time, with no business interest in that undeveloped vacant land tract. The person requesting this change already has several B-4 vacant lots and buildings in our area. Also several other vacant business lots and buildings along Leopard street, Up River Road and McKenzie Rd in this area have shown no business interest Recently the Bowling lanes at Callicoate Rd and IH 37 closed. The area bound by Rand Morgan on the east and Callicoate Road on the Northwest is not in need of further B-4 zoning as witnessed by the vacant buildings and business lots. (The Jackson Place homeowners on Violet Road were not notified of the requested change of that adjacent tract 2 undeveloped land that was reclassified as B-4.) Thirdly, if retail business were somehow successful on this property the vehicular traffic would strain this very high traffic area and water, sewer, gas and storm water drainage beyond this areas current capacity None of these utility services are currently in place on this west section of Violet Road. I have had storm water enter my home because of poor storm water drainage. Fourth, the value of my property would be lowered by the potential of bars, so-called men's clubs and adult video stores, such as those being currently proposed to be moved to my district by the City Council 1 have lived at my current address for 25 years. 1 am for business growth, but this is a bad idea. 1 have no opposition to the change to "R-2" Multiple Dwelling District for the entire tract. I recommend Mr. Kronke amend his petition to change the entire tract to R-2. There is much need for this type housing in our area There are fully rented R-2 units already on Violet Road and McKenzie Road. S ncerely RECEIVED Jack McCord Xc Councilmen Bill Kelly, Henry' Garrett, Brent Chesney FEB g 4 2003 CITY OF CORPUS CHRISTI ~LANNING AND DEVELOPMENT Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT (2.187 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 2 (0.533 ACRE); 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 Harold Kronke 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, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 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 2.720 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-lB" One-family Dwelling District to "B-4" General Business District on Tract 1 (2.187 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533 acre). Tracts 1 and 2 are shown on the attached Exhibits A and B and are described by metes and bounds on the attached Exhibit C. 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. H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGREGULARAPPLICANTREQUEST DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC Page 3 of 3 Corpus Christi, Texas ~day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\L£G-DiR\JOSEPH~ONING\0203-04ZONINGREGULARAPPLICANTREQUEST'DOC A-1 R'-I B B-4 B-4 8 ROA[ 8 JLTRY ACRES 10 Feb 11, 2003- RP 0 100 200 500 CASE Z0203-04 B 4 R-lB One-F~ily Dwelling Oist, A-1Aportrmnt House Dist. B-4 Generol Business Dist, APPLICANT'S REQUEST EXHIBIT A 0 100' 200' I I I ~ ORN OATE ~ RICH~O KRONKE ~ ~ ~/~o/o~ EXHIBIT B ~ D~s oA~ ~/30/03 ~.o,.~.~.~o.~.~.~ PROPOSED REZONING TRACTS ~/~0/03 c~ ~.,t~ t~ CORPUS CHR~ST~ T~XAS s~ JOB NO 30004 0RAWINC NO 30004_EX_B SCALE AS NOTEO J SHEET 1 I APPLIC~qT'S REQUEST Exhibit C Proposed Rezuning Tracts J200.30004 Being two tracts of land proposed for rezoning, together being all of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres according ~ a map recorded in Volume 5, Page 40, Map Records of Nueces County, Texas, and each tract being more particularly described by metes and bounds as follows: Tract 1 Tract I being proposed for a B-4 rezoaing and being 2.187 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; · Beginning at the northeast comer of this tract, said comer also being the northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the northwest right-of-way line of Violet Rd.; Thence, S 44° 51' 00" W with the southeast boundary of this tract and the northwest right-of-way line of Violet Rd., at 257.00 feet pass the southeast corner of Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of this tract; Thence, N 50° 58' 00" W, 176.94 feet, to thc southmost southwest comer of this tract; Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract; Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this tract, said comer being on the southeast right-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of- way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720 acre tract, said comer being on the north line of Block 7 and the south line of Block 8; Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86 feet, to the point of beginning and containing 2.187 acres of land, more or less. Tract 2 Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; Begimfing at the southwest comer of this tract, said comer also being the southwest comer of said 2.720 acre tract a~d lying on the southeast right-of-way lifie of Church Street: Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the northwest comer of this tract; Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same being the interior comer of Tract 1; EXHIBIT C APPLICANT'S REQUEST Thence, S 39° 02' 00" W with the east boundary of this ~ract, at 170.00 feet pass the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of this tract and the southmost southeast comer of said 2.720 acre tract; Thence, N 50° 58' 00" W, 103.08 feet, to the point of beginning and comaining 0.533 acres of land, more or less. EXHIBIT C CONTINUED APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.71 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 2 (1.01 ACRES); 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 Harold Kronke 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, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 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 2.720 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-1B" One-family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (1.01 acre). Tracts 1 and 2 are shown on the attached Exhibit A and are described by metes and bounds on the attached Exhibits B and C. 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. H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULAPLANNINGCOMMREC.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULAPLANNINGCOMMREC,DOC Page 3 of 3 Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULAPLANNINGCOMMREC.DOC A-1 R '--'-1 B B-4 B-4 8 TRY ACRES 10 Feb 11. 200~- RP 0 100 ,300 CASE Z0203-04 R-lB One-Fonily Dwelling Dist. A-1Aportrmnt House Dist. B-4 Generol Business Dist. PLANNING COMMISSION RECOMMENDATION EXHIBIT A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 1 Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. H :~P LN-DIR\ERM A\WORD\M&B\0203 -04M &B DOC EXHIBIT B PLANNING COMMISSION RECO~ENDATIOi PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 2 Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the southeast right-of-way line of existing Church Street, and the west comer of the tract herein described; THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of 428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract; THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a point, for the east comer of this tract; THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract; THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast right-of-way line of existing Church Street, for the POINT OF BEGINNING. H:~PLN -DIR~ERMA\WORDhM&B\0203 -04M &B.DOC EXHIBIT C PLANNING COMMISSION RECOMMENDATION Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCETOI.71ACRES OUT OF BLOCK7ANDS, SHELL ROAD POULTRY ACRES, FROM"R-1B"ONE-FAMILY DWELLING DISTRICT TO "B~" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.71 ACRES); 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 Harold Kronke 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, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 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 1.71 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres). Tract 1 is shown on the attached Exhibit A and described on the attached Exhibit B. 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. H:\LEG-DIR\JOSEPHtZONING\0203-04ZONINGSTAFFREC.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus 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 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGSTAFFREC.DOC Page 3 of 3 Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 3assed by the following vote: H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGSTAFFREC.DOC A-1 R'--1 B B ~ 37 4- B-4 TRY ACRES 8 10 Feb 11, 2003- RP o 10o ~oo CASE Z0203 04 B-4 R-lB One--~u~nily Dwelling Dist. A-I Aportnl~nt House Dist. B--4 General Business Dist. STAFF'S RECOMMENDATION EXHIBIT A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract I Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. STAFF'S RECOMMENDATION EXHIBIT B H:\PLN-DIR\ERMA\WORD~vl&B\0203-04M&B.DOC 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: The Adoption of the International Residential Code for One and Two Family Dwellings STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose Assistant City Manager 2. Arthur N. Sosa Acting Director 3. Michael N. Gunning Assistant Director OUTSIDE PRESENTER(S): Name Title/Position Development Services Development Services Development Services Or.qanization 1. None ISSUE: The City of Corpus Christi is preparing for the adoption of the International Residential Code for One and Two Family Dwellings (IRC). This adoption will coincide with the adoption of the IRC by the Texas Department of Insurance as a residential code to qualify residential structures for the state pool of wind storm insurance. BACKGROUND: The law that required the adoption of the International Residential Code by municipalities and the Texas Department of Insurance was intended to qualify structures for the state pool of wind storm insurance. This presentation is intended to inform the City Council of the changes from the present Standard Building Code and the benefits to the citizens of Corpus Christi. REQUIRED COUNCIL ACTION: The City Council must approve the adoption of the Technical Construction Codes used in the City of Corpus Christi. Signature) Additional Background [] Exhibits [] The adoption of the 2003 International Residential Code for One and Two Family Dwellings Chapter 1 Administration: Administration Chapter of the IRC not adopted. · Administrative Chapter for the CC Construction Codes adopted. · TDI will require new forms. · The Application (WPI-1) submitted prior to the start of construction. · TDI to random select projects for audit. · SB 986 will prompt the submittal of an engineered plan(s). Chapter 2 Definitions · Mobile home · Open structure · Portable building · Travel trailer Chapter 3 Building Planning R 301 Design Criteria · The TWIA Code no longer applies. · The wind speeds will increase Inland II = 110 mph three second gust Inland I = 120 mph three second gust Seaward 130 mph three second gust). · Allows mixed design and prescriptive requirements · Wind speed, geometry and loading are consistent · Prescriptive requirements apply only to elements · Openings meet design pressures and protected Inland I and Seaward The high wind codes acceptable to qualify for the CATPOOL · American Forest & Paper Association Wood Frame Construction Manual · SBCCI Standard for Hurricane Resistant Residential Construction (SSTD 10) · Minimum Design Loads for Buildings (ASCE-7) R 309 R317 Separation required between garage and attic into residence, mimmum 1 piece ½" gyp board installed from the garage side of the partition. Smoke detectors inside each bedroom and outside each sleeping area in immediate vicinity of the bedrooms. Detectors must be hardwired, looped together, and have battery back up. R 326 Accessibility · Adopt the Texas Accessibility Standards where applicable to one and two family dwellings. R 328 Location of Buildings near Oil and Gas Wells · Specifies requirements for construction of buildings near oil and gas wells for safety of building occupants. Chapter 4 Foundations · The foundation standards developed for the City of Corpus Christi are applied herein. · Foundations will be designed and sealed by an engineer and the construction will be certified by the design engineer. · The foundation certification by the engineer will coincide with the TDI requirement for certification of the foundation for windstorm. Chapter 5 Floors No substantial changes involved. Elements of the Corpus Christi amendments will apply to this chapter. Chapter 6 Wall Construction · Windows and glass doors shall be tested and approved by an independent laboratory and labeled for energy efficiency. Requirements include a .4 solar heat gain (high performance window). Chapter 7 Wall Covering No substantial changes involved. Elements of the Corpus Christi amendments will apply to thise chapter. Chapter 8 Roof-Ceiling Construction No substantial changes involved. Elements of the Corpus Christi amendments will apply to theis chapter. Chapter 9 Roof Assemblies · 905.2.6 Specifies the method of attachment of shingles for normal applications and for applications where the wind speeds are greater than 110 mph. Chapter 10 Chimneys and Fireplaces No substantial changes involved. Elements of the Corpus Christi amendments will apply to this chapter. Chapter 11 Energy Efficiency · Specifies energy performance for the building envelope. · Section Nl101.2 Compliance: Requires that the contractor comply with energy efficiency requirements of this chapter. · Trade offs in components will be determined by the Energy Systems Laboratory at Texas A&M University. Chapter 12 Mechanical Administration · Requires an energy efficiency survey to be run on the structure based upon a software program provided to the contractor. Chapter l3 General Mechanical System Requirements through Chapter Systems · Elements of the Corpus Christi amendments will apply to these chapters. · Heavier duct board will be required. 23 Solar Chapter 24 Fuel Gas · No substantial changes involved. Elements of the Corpus Christi amendments will apply to this chapter. Chapter 25 Plumbing Administration through Chapter 32 Traps · No substantial changes involved. Elements of the Corpus Christi amendments will apply to these chapters. Chapter33 General Requirements through Chapter 42 Signaling and Power-Limited Circuits · Excluded and provisions of the NEC are adopted. Class 2 Remote-Control, Chapter 43 Referenced Standards · Includes the American Forest and Paper Association Wood Frame Construction Manual delineating design values for wood construction, Wood Frame Construction manual for One and Two Family Dwellings, Span Tables for Joists and Rafters, and Technical Report No. 7 The Permanent Wood Foundation System, Basic Requirements Appendices are for information only and are not a part of the IRC. 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2000 Quarterly Report #8 STAFF PRESENTER(S): Name Title/Position Department 1. 'Angel R. Escobar, P.E. Director Engineering Svcs. OUTSIDE PRESENTER(S): Name Title/Position Or.qanization 1. N/A ISSUE: This is a quaderly report on the status of the voter-approved Bond Issue 2000 projects 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. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvements projects. The approved projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. REQUIRED COUNCIL ACTION: None Required (~fg~a'rtment Head Signature) 17 CITY COUNCIL AGENDA MEMORANDUM April 29, 2003 AGENDA ITEM: a. Presentation of General Fund five year financial forecast. b. Resolution reaffirming and amending annual City Council Financial Policies. ISSUE: For the last several years, the City Council has been presented with a five year General Fund financial forecast prior to consideration of the City Manager's proposed budget for the following fiscal year. Although City staff is still in the process of compiling and balancing a proposed budget for FY2003-04, the five year forecast provided under this item includes preliminary estimates and projections which may be used for fiscal planning purposes. As a related item, City Council Financial Policies are adopted at this stage of the budget process as well. These Policies reaffirm strong financial management practices already in place and serve as a framework for preparing the proposed budget. The attached Resolution provides for adoption of these Policies, which include several amendments as recommended by bond rating agencies in order to further enhance the City's credit rating. REQUIRED COUNCIL ACTION: Adoption of the Resolution as presented, reaffirming and amending annual City Council Financial Policies. Mare L. McDaniel Director of Management and Budget Attachments: Five Year Financial Forecast Presentation Resolution BACKGROUNDINFORMATION Since 1997, the City Council has adopted financial policies on an annual basis just prior to consideration of the proposed budget. These policies, along with the use of a five year General Fund financial forecast, have helped to enhance financial management practices and have played a significant role in rebuilding the City's unreserved fund balance from a Iow of 1.1% in FY1998-99 to a high of 8.7% at the close of FY2001-02. The result has been improvements to the City's bond ratings and significant cost savings for issuance of new debt. 10 W. sit i S rl � s r- . pig _ a v DISCUSSION ITEMS General Fund D Five Year Financial Forecast Budget Calendar D ACTION ITEM City Council Financial Policies D Y+ 1 { Financial Forecast Assumptions Revenues . Property Tax Revenue: 3% annual growth . Industrial District Payments: 3% V. Sales Tax Revenue: 3 % annual growth off adjusted base — discounted by $250,000 Q . Other: V • Franchise Fee Revenue — only slight growth O• Solid Waste Revenues - flat .� • Most Other Revenue Growth - 2% V z .V14 V Financial Forecast Assumptions Expenditures . Salary Adjustments - • Years 2-5 of Compensation Plan Implementation • Skill Based Pay/Merit Allocations • Projected Sworn Personnel Salary Adjustments — Pending Fire Negotiations • Continuation of Drag Up Reserve • Continuation of Salary Savings (approx. 4%) • No New Positions . Health Insurance Premiums — Average of 10% increase/yr. Financial Forecast Assumptions Expenditures (Continued) ■ Regular Capital Items: ■ 35 Patrol Car Replacements Each Year ■ One Fire Engine/Year ■ One Ambulance Replacement/Year ■ One Garbage Truck Replacement/Year (FY2004-05 forward) ■ New Capital Items: ■ Equipment for Phase III Automated Garbage Collection (late FY2003-04) ■ Replacement of Recycling Trucks (over 2 years) Financial Forecast Assumptions Expenditures (Continued) . Program Costs for Full Year: • 8t11 New Ambulance Staffing & Equipment 0 • Staffing for New Island Fire Station .� • Economic Development Office • City Auditors Office/Function V . Pending Items (Not Accounted For): • O & M Costs Related to Bond 2004 Projects V• Landfill Expansion/Development Options 0 Re -Engineering V• First Phase Implementation of CMMS 'N O V 0 General Fund Five Year Financial Forecast Forecast Forecast Forecast Forecast Forecast 2003-04 2004-05 2005-06 2006-07 2007-08 Est. Unreserved Fund Balance -8/1 $ 10, 31,562 $ 11,831,562 $ 12,681,562 $ 13,681,562 i $ 14,591,562 Total Revenues 149,239,632 152,852,012 156,557,728 160,371,601 164,287,532 163,864,080 167,265,261 176,673,056 Total Expenditures 152,106,857 156,217,092 i I I Adjustment to Balance 2,867,226 1 3,365,080 7,306,351 6,893,660 12,385,525 Anticipated Budget Surplus 900,000 850,000 1,000,000 % of Total Expenditures 0.59% 0.54% 0.61% Est. Unreserved Fund Balance - 7i31 $ 11,831,562 $ 12,681,562 $ 13,681,562 j 910,000 1,360,000 0.54% 0.77% $ 14,591,562 $ 15,951,562 Balance as % Operating Exp. 7.78% 8.12% 8.35% 8.72% !, 9.03% 9.54% 10.00% 10.32% % After Reimbursements & Transfers t 8.88% 9.29% Budget Calendar APRIL 29 — Financial Policies & 5 -year Financial Forecast Presented to City Council MAY 6— City Council Planning Retreat 27— City Manager submits FY03-04 Proposed Budget to City Council. First Budget Discussion (Summary Presentation of Proposed Budget) 1 Budget Calendar (Continued) JUNE 10— Second Budget Discussion w/City Council (General Fund Overview) 17— Third Budget Discussion w/City Council (Enterprise Fund Overview) V24— Fourth Budget Discussion w/City Council (Other Funds Overview) JULY V 8— Public Hearing on Budget; Summary Discussion C15— First Reading — Budget Adoption Ordinance 22— Second Reading — Budget Adoption Ordinance. -� Receive Certified Roll V 42*4 f, City Council Financial Policies it 6 Ov " If A General Fund - Fund Balance as % of Expenditures 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% FY1998-99 FY1999-00 FY2000-01 FY2001-02 'N Bond Rating Upgrades ALYency From To Moody's A3 A2 Standard & Poor's A- A+ Fitch A AA- f Financial Policies A SECTION: 2. Current Revenues = Current Expenditures 3. Fund Balance Goal —10% 4. Operating Contingency - $200,000 • 5. Multi -Year Financial Forecasting V6. Revenue Enhancement 7. Quarterly Financial Reporting & Monitoring 8. Use of Nonrecurring Revenue V 9. Debt Affordability Review U 10. Debt Service Fund Balance 11. Debt Retirement Practices 12. Capital Improvement Plans/Funding V N z V ➢Questions or Comments.? RESOLUTION REAFFIRMING AND AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION NO. 023319 AND PROVIDING A POLICY TO MAINTAIN THE FUND BALANCE FOR THE GENERAL FUND AT AN ADEQUATE LEVEL WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Our Mission is to provide the citizens of Corpus Christi, collectively, excellent quality products and highly responsive services in the areas of: Infrastructure Needs (including water, wastewater, gas distribution, solid waste, aviation and streets); Protective Services (including law enforcement, fire and health); Quality of Life Enrichment (including housing and community development, libraries, cultural and leisure activities); Economic Development (including support of existing economic bases and encouragement of growth); and Development Services (including engineering, planning and inspection...)"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it is prudent to adopt financial policies and actions to rebuild General Fund ending balances to acceptable levels and ensure that those levels are maintained in future years; WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; and reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, Resolution No. 023319 requires City Council to reaffirm the financial policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted by each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY2003-04 proposed budget in FINANC-1.DOC 2 accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. SECTION 2. Current Revenues Equal/Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. SECTION 3. Fund Balance Reserve/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unreserved fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10%) percent of total annual General Fund appropriations, excluding anticipated reimbursements and inter-fund transfers, within five years. The City Manager shall report on the progress toward achievement of this ten (10%) percent goal at least annually as part of the budget process. Unique situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve. The City Manager shall note these situations in the budget and in financial reports presented to the City Council on a quarterly basis. SECTION 4. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise and special revenue funds of the City. SECTION 5. Multi-Year Financial Forecasting. The City will maintain a five-year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. The City shall also maintain business plans and/or rate models for enterprise operations. SECTION 6. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. SECTION 7. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. SECTION 8. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. New Provision New Provision New Provision New Provlsio~ FINANC~I.DOC 3 SECTION 9. Debt Affordability Reviews/Disclosure Practices. The City Manager shall maintain strong debt management practices as evidenced by types and methods of financing approved by the City Council. Debt affordability reviews will consider overall exposure between invested assets and external debt issuance. Debt disclosure will include measures beyond the standard audited financial statements and publications. These measures must incorporate disclosure of material events impacting the financial status of the City. Additional financial report disclosures will go beyond GASB 34 requirements and may include supplementary information sections and data on demographics and other key statistics. New Provi$im SECTION 10. Debt Service Fund Balance. In order to provide additional financial security, the General Obligation Debt Service Fund will maintain an acceptable level of fund balance to cover a substantial portion of the subsequent year principal and interest debt obligation. SECTION 11. Debt Retirement Practices. The City shall not issue debt for a term that exceeds the useful life of the asset or project being financed. In assessing the desirability to refund existing debt, the City shall use a benchmark of at least three percent (3 %) net present value savings. The City shall not refund debt for a period beyond original maturity dates. New Provisio SECTION 12. Capital Improvement Plans/Funding. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional New Provlsfl seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 24th day of April, 2003. Samuel L Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney for City Attorney FINANC~I.DOC Corpus Christi, Texas of ,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 4 FINANC~I.DOC Prior Resolution RESOLUTION REAFFIRMING AND AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION NO. 023319 AND PROVIDING A POLICY TO MAINTAIN THE FUND BALANCE FOR THE GENERAL FUND AT AN ADEQUATE LEVEL WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: 'Our Mission is to provide the citizens of Corpus Christi, collectively, excellent quality products and highly responsive services in the areas of: Infrastructure Needs (including water, wastewater, gas distribution, solid waste, aviation and streets); Protective Services (including law enforcement, fire and health); Quality of Life Enrichment (including housing and community development, libraries, cultural and leisure activities); Economic Development (including support of existing economic bases and encouragement of growth); and Development Services (including engineering, planning and inspection...)"; and W~IEREAS, financial resources are budgeted to fulfill this commitment; and WI-IEREAS, it is prudent to adopt financial policies and actions to rebuild General Fund ending balances to acceptable levels and ensure that those levels are maintained in future years; WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023857; again reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; and reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, Resolution No. 023319 requires City Council to reaffirm the financial policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following Financial Policy reaffirms and amends the financial policies adopted by Resolution No. 023319. This Financial Policy is made part of the City Comprehensive Policy Manual. R22110A2.doc 2 SECTION 2. A primary goal for the General Fund operating budget is that current budgeted revenues will equal or exceed current budgeted expenditures. Only unforeseen or emergency circumstances will be considered justification for utilizing the fund balance or contingency funds. SECTION 3. To ensure that current and future operations are protected from severe impact of any economic slowdowns or unforeseen expenditures, adequate financial resources will be set aside in the General Fund ending balances. SECTION 4. It is the goal of the City Council to build and maintain a reserve in the General Fund ending balance which totals at least ten (10%) percent of total annual General Fund appropriations, excluding anticipated reimbursements, within five years. (This goal is subject to modification pending the impact of Government Account Standard Board No. 34, "Basic Financial Statements and Managernent's Discussion and Analysis for State and Local Governments," implementation, as noted in Section 5 below.) That reserve is intended to provide for a reasonable financial contingency to mitigate unforeseen circumstances, changes in economic conditions and/or other emergencies. Staff is hereby directed to maintain this policy and shall report on compliance with this policy at least annually as part of the budget process. Unique situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve up to and after the time in which this policy goal is reached. These situations will be noted in the budget and in evaluation of progress and compliance with the Financial Policy and any amount of reserve that is used will be replaced in the immediate subsequent fiscal year or in accordance with a repayment plan that is specifically approved by City Council. SECTION 5. The City has developed an implementation plan to comply with the Governmental Account Standards Board Statement No. 34, "Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments" for the Fiscal Year Ending July 31, 2002. One of the requirements of the statement is to depreciate the City's General Fixed Assets, which was not done in the past. The City has hired an outside appraisal firm to assist in valuating these assets. SECTION 6. Consistent with these policies and to provide additional security, the GO Debt Bond Fund will continue to maintain an acceptable level of fund balance to cover a substantial portion of the subsequent year principal and interest debt obligation. SECTION 7. The City Council and City Staff will pursue new and enhanced revenue sources at both the local and state levels. SECTION 8. Recognizing that expenditure controls are a major factor in achieving these goals, the City Manager will review and make expenditure recommendations. SECTION 9. The City Council is prepared to make expenditure reductions that may be necessary to meet these goals. R22110A2.doc 3 SECTION 10. This budget policy will be reaffirmed by the end of May, prior to consideration of the budget, and the City Manager is instructed to prepare the budget in accordance with these policies. A'I'I'EST: Armanc~o Chapa City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Nea"i, Jr. Mayor APPROVED: 26th day of April, 2002. James R. Bray Jr. City Attorney By: R. j~p~nlnin.~ First Assistant City Attomey R22110A2.doc Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L Neal, Jr. Brant ChBsney Javier B, Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 4 R22.110A2.doc 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: m4/29/03__ AGENDA ITEM: (Caption as it should appear on the agenda) Motion to accept the proposed Phase I Improvement for the Louisiana Parkway master plan. ISSUE: Revitaliziana, Inc., a community group, wishes to implement an Adopt-A-Park project to improve Louisiana Parkway. The project will follow a general master plan, but will be implemented in phases. Future phases of improvements will be brought to the City Council for approval. REQUIRED COUNCIL ACTION: City Council must approve any master plan projects that involve City parks. PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends approval of the proposed Phase I improvements. (Department Head Signature) Attachments: BACKGROUND INFORMATION (Additional Background) Revitaliziana, Inc., came to the City to sharo their vision of improvements to Louisiana Parkway. Since that time staff has met with the group to review specific details of their proposal. Affected departments reviewed the proposed plans and do not have any problems with the proposed Phase I improvements. As future phases progress both staff and City Council will review and approve the scope of work. This project is unique among Adopt-A-Park projects due to the scope the neighborhood is undertaking. Phase I will include some grading, irrigation, sodding, additional landscaping including approximately 250 trees, and a granite trail system. Revitaliziana, Inc. will not begin work until Phase I funding is completely raised. Their commitment is to maintain the newly planted landscaping for two years. The group plans to raise over $600,000 for Phase I improvements. Because of their maintaining the plant material during the two year establishment period, City costs for maintenance will not increase. Revitaliziana, Inc. is also committed to attempt to establish an annual maintenance fund. Neighborhood Adopt-A-Park groups serve as a valuable enhancement to neighborhood parks. This group is working through the newly established Friends of the Parks group to encourage other neighborhoods to take ownership in improving their open space. 19 AGENDA MEMORANDUM DATE: April 23, 2003 SUBJECT: Endorsement of Recommended Transportation Improvement Program (TIP) FY 2004-2006 AGENDA ITEM: Resolution endorsing the recommended FY 20042006 Transportation Improvement Program ISSUE: The Corpus Christi Metropolitan Planning Organization (MPO) is preparing the TIP for FY 2004-2006 for submittal to Texas Department of Transportation due May 1, 2003. The City as a member of the MPO is required to endorse the TIP FY 2004-2006 as recommended by the Technical Advisory Committee prior to formal action by the Transportation Policy Committee of the MPO. FUNDING: Funding for the 20% match of each recommended street project as listed in the FY 2004-2006 has not been identified. Funding will likely need to be addressed in a future FY 2004 bond program. RECOMMENDATION: Approval of the resolution as presented. 'Ag~ofR. Es¢obar, P.E. Director of Engineering Services Attachments: Exhibit A Exhibit B Background List of FY 2004-2006 TIP projects BACKGROUND INFORMATION SUBJECT: Endorsement of Recommended Transportation Improvement Program (TIP) FY 2004-2006 BACKGROUND: The Metropolitan Planning Organization (MPO) prepares a Transportation Improvement Program every two years projecting street improvements over a three year funding period. The MPO consists of the following governmental jurisdictions: City of Corpus Christi, City of Portland, Nueces County, San Patricio County, Regional Transportation Authority, Port of Corpus Christi Authority and Texas Department of Transportation. The MPO is made up of two committees: the Technical Advisory Committee - technical staff and the Transportation Policy Committee - elected officials. The Technical Advisory Committee of the MPO met on April 17, 2003 and recommended the projects listed in the proposed TIP FY 2004-2006 Exhibit 'B'. The proposed TIP consists of street and ADA improvement projects funded by federal highway funds. These funds consist of 80% federal and 20% local share of the street construction cost. The City is responsible for 100% of utility relocation/adjustment costs. The Texas Department of Transportation (TxDOT) administers the use of federal funds. Project selection is subject to approval by the Metropolitan Planning Organization (MPO). The MPO Transportation Policy Committee is scheduled to meet on May 1, 2003 to adopt the proposed TIP FY 2004-2006. The City of Corpus Christi is required to endorse the proposed TIP prior to action by the Policy Committee. The City's share of project costs, includes the 20% local share requirement, plus the other project development costs, such as design, preparation of plans and specifications, design and construction of utilib/relocation/adjustments and right- of-way (ROVV) acquisition. Funding for the projects listed has not been addressed and will be addressed via a future FY 2004 bond issue. PRIOR COUNCIL ACTION: · July 27, 1998--Resolution endorsing recommended amendments to the approved FY 2000-2002 Transportation Improvement Program. FUTURE COUNCIL ACTION: Advanced Funding Agreements for each City sponsored project. EXHIBIT 'A' RESOLUTION ENDORSING THE RECOMMENDED FY 2004-2006 TRANSPORTATION IMPROVEMENT PROGRAM OF THE METROPOLITAN PLANNING ORGANIZATION WHEREAS, the TIP consists of street improvement projects funded by Metropolitan Mobility federal highway funds which consist of eighty percent (80%) federal and twenty pement (20%) local sharing of the street construction costs; WHEREAS, the City of Corpus Christi ("City") is responsible for one hundred percent (100%) of utility relocation and adjustment costs and right-of-way acquisition; WHEREAS, the use of federal highway funds is administered by the Texas Department of Transportation ("TxDOT") with project selection subject to adoption by the Metropolitan Planning Organization ("MPO"); WHEREAS, funding for the local matching share of twenty percent (20%) plus the other project development costs, such as design, preparation of plans and specifications, design and construction of utility relocation/adjustments and right-of-way ("ROW") acquisitions will come from future General Obligation Bond Issues or other available funds; WHEREAS, the Technical Advisory Committee of the MPO met on April 17, 2003, and the recommended street and ADA projects as shown in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the projects as shown on the attached Exhibit "A' are endorsed as the FY 2004-2006 Transportation Improvement Program, subject to availability of funds. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal Form Approved: X'ssistant City Attorney ,2003. CORPUS CHRISTI, TEXAS DAY OF ,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\NOEMI~LISA\KES~RES.004 R R • Part R "•Part k R R "-Part C 9nnA Cln-f RECOMMENDED TIP FY 2004-2006 Afarlinn Rola.. MM Fund Fi•.i�if[LYiI No. Project Work Description Segment TIP TOTAL FEDERAL 80% LOCAL MATCH 20% FEDERAL 80% LOCAL MATCH 20% IPlanning/desin SH 357(Saratoga)-Yorktown $1,190,000 $ 952,000'$ 238,000 1 ADA Accessibility .Construct Handicapped Ramps South Staples: Leopard - Six Points $ 2,000,000 $ 1,600,000 $ 400,000 2 Facilities Desi nfConstruct Bus Tum -out Improvements Staples Street $ 500,000 $ 400,000 $ 100,000 3 Up River Road I Design/Construct Improvement Hunter Road - Suntide Road $ 451,200 $ 360,960 $ 90,240 4 Up River Road Design/Construct Improvement Southern Mineral Road - Hunter Road $ 944,400 $ 755,520 $ 188,890 8 ADA Accessibility Construct Handicapped Ramps Alameda, Weber, and Santa Fe $ 1,210,000 $ 968,00 $$ 242,000 7 FM 2444S Sta les Preliminary Engineering Oso Creek to SH 286 (Chapman Ranch Road $ 500,000 $ 400,000 $ 100,000 8 SH 367 Sa a Construction SH 286 Crosstown - West of Greenwood 1 $ 3,000 000 1 $ 2,400,000 Is 900,000 7 Port Avenue Planning and Design Total $ $ 6,884,480 612,000 $ N Anna Gln�nanf AfaAlnn Rolan& MM Fund 113.697 191 No. Project Work Description Segment TIP TOTAL LOCAL MATCH 20% i FEDERAL 80% LOCAL MATCH 20% IPlanning/desin SH 357(Saratoga)-Yorktown $1,190,000 $ 952,000'$ 238,000 2 SH 358 SPID improvements to relieve traffic con estion 1 ADA Accessibility Construction Handicapped Ramps South Staples: Six Points - Louisiana Parkway $ 1,000,000 $ 800,000 $ 200,000 2 FM 624 Construction US 77 - River Hill Road $ 1,800,000 $ 1,440,000 $ 360,000 3 Akins Drive Widening ,Lan Road - Wildcat Drive $ 776,820 $ 621,456 $ 155,364 4 Facilities Design Bus Turnout Improvements Various Locations $ 125,000 $ 100,000 $ 25,000 5 CR 52 Planning and Design J US 77 - FM 1889 $ 750,000 1 $ 600,000 $ 150,000 6 Holly Road Planning and Design SH 286 (Crosstown Expressway) -Greenwood $ 680,000 $ 544,000 $ 136,000 7 Port Avenue Planning and Design 1. H. 37 - Mesquite Street $ 765,000 $ 612,000 $ 153,000 Total $ 4 717 456 FV 2006 Element Startina Balance. MM Fund $8.969.735 No. Project Work Description Segment i TIP TOTAL FEDERAL 80% LOCAL MATCH 20% i 1 CimmaronRoad IPlanning/desin SH 357(Saratoga)-Yorktown $1,190,000 $ 952,000'$ 238,000 2 SH 358 SPID improvements to relieve traffic con estion 1 $ 5,000,000 $ 4,000 000 $ 1,000,0Oo 3 ADA Accessibility J Design/Construct Handicapped Ramps Downtown $ 1,200,000 $ 960,000 $ 240,000 9 South Loop Corridor Fessiblity Study and Environmental Assessment $ 1,040,000 $ 832,000 $ 208,000 4 Facilities iConstruct Bus Turn -out Improvements Various Locations $ 2,000,000 $ 1,600,000 $ 400,000 Total $ 8 344 000 End Balance, MM Fund Denotes City Sponsorship ' S W $625,735 EXHIBIT A 20 RESOLUTION ENCOURAGING THE TEXAS LEGISLATURE TO ALLOW SAN PATRIClO COUNTY TO APPOINT A COMMISSIONER TO THE PORT OF CORPUS CHRISTI AUTHORI'rY. WHEREAS, the Port of Corpus Christi Authority is the "economic engine" of South Texas; and WHEREAS, significant facilities that are dependent upon the Port of Corpus Christi are located within San Patricio County; and WHEREAS, in the spirit of reaching out, sharing good faith and the furtherance of the development of the region, San Patricio County should have a voice in the operations or the Port of Corpus Christi Authority; and WHEREAS, the City Council of the City of Corpus Christi believes the Commissioners Court of San Patricio County should be allowed to appoint a citizen of the United States of America residing in San Patricio County as a commissioner to the Port of Corpus Christi Authority; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi encourages legislation that will annex San Patdcio County to the service area of the Port of Corpus Chdsti Authority. Section 2. The City of Corpus Christi encourages legislation that will allow the Commissioners Court of San Patricio County to appoint a citizen of the United States of America from San Patricio County as a commissioner to the Port of Corpus Chdsti Authority. Section 3. The Port Commissioners serving at the time the annexation of San Patdcio County is approved will continue to serve, unless otherwise removed as provided by law, until the expiration of their terms. Section 4. All Port Commissioners continue to serve three (3) year staggered terms under the current law. Section 5. All Port Commissioners will perform financial disclosures in the same manner as prescribed for members of the City Council or Commissioners Court that appoints the commissioners. Section 6. A Port commissioner candidate must have resided for a minimum of two (2) years in the jurisdiction from which they are appointed. R30524A1 2 Section 7. The total number of Port Commissioners shall remain at seven as follows: Nueces County City of Corpus Christi San Patricio County Three (3) Throe (3) One (1) ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: day of ,2003. R. Jay Reining Acting City Attomey R30524A1 orpus Christi