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HomeMy WebLinkAboutAgenda Packet City Council - 05/25/2004CITY COUNCIL AGENDA MAY 25, 2004 CorpusChristi AII-AmedcaCity 11:45 A_M. - Proclamation declaring the month of June as "Fire Fighter Appreciation Month' Goodwill Ambassador Certificates for People to People Student Ambassadors AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 25, 2004 10:00 A.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 opportunfly to address the Council at approximately 12:00 p.m. or at the end of the Council IVleeb'ng, whichever is earlier. Please speak into the microphone located at the podium and state your name and addreas. ¥our presentation will be limited to three minutes. If you have a petition or other informatlon perfainthg to your subject, please present it to the City Secretary. Si Usted desea didgirse al Concilio y cree qua su ingl~s es limitado, habr~ un int(~rprete ingl(~s-espaflol en todas las.juntas del Concilio para ayudatle. Persons with disabilities who plan to attend ~his meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Evangelist Napoleon Johnson, Faith Mission Outreach. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary An~ando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pm Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of May 18, 2004. (Attachment # 1 ) Agenda Regular Council Meeting May 25, 2004 Page 2 F. BOARDS & COMMITI'EE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as mo~ions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting if as an emergency measure ratherthan a two reading ordinance; or may modifythe action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matedal on each hem, and/or if has been discussed at a previous meeting. All items v~ll be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for indivldual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on afl motions, resolutions and o~linances not removed for individual consideration) Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Engineers of Corpus Christi. Texas in the amount of $486.000 for the Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway). (Attachment # 2) Motion authorizing the City Manager or his designee to execute a construction contract with C. W. Campbell Electric. Inc. of Corpus Chdsti, Texas in the amount of $239,292 for the O.N. Stevens Water Treatment Plant On-going Instrument Maintenance Program FY 2004. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer f~ legend at the end of ~e age,ida surnrna~'y) Agenda Regular Council Meeting May 25, 2004 Page 3 .8. .8. Motion authorizing the City Manager or his designee to reinstate and amend the scope of work for the FY 2002 Emergency Shelter Grant Gulf Coast Council of La Raza agreement. (Attachment # 4) Motion authorizing the City Manager or his designee to amend the scope of work for the FY 2003 Emergency Shelter Grant Gulf Coast Council of La Raza agreement. (Attachment # 4) Ordinance appropriating $30,020.92 from Barclay Grove Unit 9, developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $30,020.92 to the No. 4730 Infrastructure Fund. (Attachment # 5) Motion approving payment of $30,020.92 developer's contribution from Barclay Grove Unit 9 from the No. 4730 Infrastructure Fund to Mark Bratton, Estate Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. (Attachment # 5) Ordinance abandoning and vacating a 1,484-square foot portion of a 10-foot wide utility easement between Lots 1-3. and Lots 50- 52, Block A, Don Patdcio; requiring the owner, Daniel J. Thornton to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 6) Resolution authorizing the City Manager or his designee to accept a Federal Aviation Administration Entitlement Grant, Grant No. 36, in an amount not to exceed $8,218,378 for the following projects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase 1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle. (Attachment # 7) Ordinance appropriating an amount not to exceed $8,218,378 from the Federal Aviation Administration Grant No. 36 in the Airport Capital Improvement Program Grants Fund No. 3020 for the following projects: Update Airport Master Plan Study; CITY COUNCIL PRIORITY ISSUES (Rere~ ~ ~,~d at ~3e end of the agenda summal,j) Agenda Regular Council Meeting May 25,2004 Page 4 10. k 11. Rehabilitate Runway 13/31, Phase 1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle; amending FY2003-2004 Capital Budget to increase appropriations by $8,218,378_ (Attachment # 7) Ordinance authorizing the City Manager or his designee to execute a Use Agreement with P.A.L_S. Funds, Inc. relating to construction and donation of improvements to Dan Whitworth Park. (Attachment# 8) First Reading Ordinance - Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon Runways, Ramps, Taxiways, etc; providing for cdminal penalties; and establishing an effective date. (Attachment # 9) Ordinance amending the Code of Ordinances, City of Corpus Chdsfi, Chapter 2, Article V, Code of Ethics, Section 2-311, Standards, Provisions for Former Employees, Subsection 21. (Attachment # 10) PUBLIC HEARINGS: ZONING CASES: Case No. 0304-06, Shoreline Oaks: A change of zoning from a "T-lB" Manufactured Home Park Distdct and "B-4" General Business Distdct to a "R-lC" One-family Dwelling District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 40, being 14_763 acres out of Lot 7, and being 5.509 acres out of Greentree Recreational Vehicle Park Unit 1, located south of the Division Road extension and west of Flour Bluff Drive. (Attachment # 11) Planning Commission and Staff's Recommendation: Approval of the "R-lC" One-family Dwelling District. CITY COUNCIL PRIORITY ISSUES (Refer Io legem:l at Ihe e~:l o~ ~e ~:la summary) Agenda Regular Council Meeting May 25, 2004 Page 5 12. 13. ORDINANCE Amending the Zoning Ordinance, upon application by Shoreline Oaks, by changing the zoning map in reference to 14.763 acres out of Lot 7, Section 40, Flour Bluff and Encinal Farm and Garden Tracts and 5.509 acres out of Greentree Recreational Vehicle Park Unit 1, from "T-1 B" Manufactured Home Park District and "B- 4" General Business District to "R-lC" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0404-06. Gene Graham: A change of zoning from a "F- R" Farm-Rural Distdct to a "RE" Residential Estate District. The properb/is in Laureles Farm Tracts, being 47.963 acres out of Sections A and 31, located between South Oso Parkway and County Road 41 and north of Farm to Market 2~.~.~. (South Staples Street)_ Attachment # 12) Planning Commission and Staff's Recommendation: Approval of the "RE" Residential Estate District_ ORDINANCE Amending the Zoning Ordinance, upon application by Gene Graham by changing [he zoning map in reference to Laureles Farm Tracts, being 47.963 acres out of Sections A and 31 from "F-R" Farm-Rural Distdct to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0404-07. Staples Timbergate Associates: A change of zoning from a "R-lB" One-family Dwelling District and "A-l" Apartment House Distdct to a "B-4" General Business District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, being 7.97 acres out of Section 11, Lot 16, located at the northeast comer of South Staples Street and County Road 26-A (Timbergate Drive). (Attachment # 13) Planning Commission's Recommendation: Approval of the "B-4" General Business District. CITY COUNCIL PRIORITY ISSUES (Ref~ [o legend at Ihe end ~ Ihe age~la s~.u~mm'y) Agenda Regular Council Meeting May 25,2004 Page 6 14. Staff's Recommendation: Denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Staples Timbergate Associates by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 7.97 acres out of Lot 16 from "R-lB" One-family Dwelling District and "A-l" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0404-08. Ross and Judith Sisson: A change of zoning from a "B-2" Bayfront Business District to an "1-2" Light Industrial District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1_399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, located on the southwest comer of Gadwell Street and Laguna Shores Road. (Attachment # 14) Plannin(~ Commission and Staff's Recommendation: Denial of the "1-2" District, and in lieu thereof, approval of a Special Permit for a kennel/animal rescue facility subject to a site plan and nine (9) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Ross and Judith Sisson, by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, (currently zoned "B-2" Bayfront Business District) by granting a special permit for a kennel/animal rescue facility subject to a site plan and nine (9) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CI'DY COUNCIL PRIORITY ISSUES (Rear to legend at the end ~ ~e age.cia surnma~j) Agenda Regular Council Mee~ng May 25,2004 Page 7 15. 16. Case No. 0404-09, Myers Real Estate Company: A change of zoning from an "AB" Professional Office Disb'ict with a "SP" Special Permit to a "B-l" Neighborhood Business District. The property is in River Forest acres, Block J, Lot 28, located at the intersection of United State Highway 77 access road and Calallen Ddve. (Attachment # 15) Planning Commission and Staffs Recommendation: Approval of the "B-1" Neighborhood Business Disbict. ORDINANCE Amending the Zoning Ordinance, upon application by Myers Real Estate Company by changing the zoning map in reference to River Forest Acres, Block J, Lot 28, from "AB/SP" Professional Office Distdct with a special permit to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0404--10, Texas Cable Partners. L.P.: A change of zoning from a "R-lB' One-family Dwelling Distdct to a "B-l" Neighborhood Business District. The property is in Center View Subdivision, Block 1, Lot 2, located between Elgin Street and Greenwood Ddve. (Attachment # 16) Planning Commission and Staffs Recommendation: Approval of the "B-I" Neighborhood Business District. ORDINANCE CITY COUNCIL PRIORITY ISSUES (Re~ lo legend at ~-m end ot the agenda summary) Amending the Zoning Ordinance, upon application by Texas Cable Partners, L. P_ by changing the zoning map in reference to Center View Subdivision, Block 1, Lot 2, from "R-1B' One-family Dwelling District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. Agenda Regular Council Meeting May 25,2004 Page 8 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17. First Reading Ordinance - Enacting Article III of Chapter 13 of the Code of Ordinances to establish an identification, registration. and enforcement process related to vacant buildings and structures; and providing for penalties. (Attachment # 17) L. SPECIAL BUDGET PRESENTATION: 18. Overview of Proposed FY 2004-2005 Operating Budget. (Attachment # 18) PUBLIC COMMENT FROM THE AUDIENCE ON MA'II'ERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY '12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. recording i~ made of the meeting; ~herefore, please speak into the microphone located at ~he podium and state your name and address. If you have a petJEon or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int&rpmte ingl~s-espar~ol en la reunion de la junta pare ayudarle. 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 FIRS T AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Re~' l~ legend al the end o~ ~e age~da summa~'y) Agenda Regular Council Meeting May 25, 2004 Page 9 19. 20. 21. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into execub've session regarding an agenda item, the section or sections of the Open Meet,;ngs Act authod~ng the executive session will be publicly announced by the presiding office. 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. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS P. ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES (Re~' lo legef~l at ~e end or' Ihe agenda s ummai3,) POSTING STATEMENT: tOTM~i~g~nal~,a 11~ oa'~ PL°eSot peda rC~ sl:h~eCi,~ ~ ~?~ ~:~b u Ile-j~/p .b°~m .r, dl~lta~ 1~ 2°r~(~41~trance City Secretary Agenda Regular Council Meeting May 25,2004 Page 10 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action Item that Implement council priority Issues. CITY COUNCIL PRIORITY ISSUES (Re[er *n legend at bhe end o~ the a0en~a 1 MINUTES CITY OF CORPUS CHR/STI, TEXAS Regular Council Meeting May 18, 2004- 10:02 a.m. PKESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex Kinnison Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Jesse Noyola Mark Scott ABSENT Henry Garrett City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Associate Pastor Brian Crown with the Bay Area Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. He also noted that Ma-. Garrett would be absent today. Mayor Neal called for approval of the minutes of the Council Retreat of May 4, 2004 and the regular Council meeting ofMay 11,2004. Amotionwasmadeandpassedtoapprove the minutes as presented. Mayor Neal deviated from the agenda and presented a proclamation. Mayor Neal referred to Item 2 and the following board appointments were made: Park and Recreation Advisory Committee Hunter Young (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-16). City Secretory Chapa announced that Council Member Kelly was abstaining fi.om the vote and discussion on Item 10. There were no comments from the audience_ A motion was made and passed to approve Items 3 through 16, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 18, 2004 - Page 2 MOTION NO. 2004-189 Motion authorizing the acceptance of three donated Automatic External Defibrillators (AED) from the American Heart Association and assigning those devices to the Fire Department to be used in the Public Access to AED program, with one of the devices to be located at the City's new arena. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. MOTION NO_ 2004-190 Motion approving the purchase of captive replacement parts for the ultraviolet disinfection system at the Greenwood Wastewater Treatment Plant from Infilco Degremont, Inc., Richmond, Virginia, based on sole source for a total amount of $31,411 _06. The parts will be installed at the Greenwood Treatment Plant. Funds have been budgeted by the Wastewater Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. MOTION NO. 2004-191 Motion approving a supply agreement with G & K Services, Corpus Christi, Texas, for uniform rental service, in accordance with Bid Invitation No_ BI-0064-04 based on total low bid for an estimated two year expenditure of $145,974.40 of which $18,248 is available for the remainder of FY 2003-2004. The term of the contract shall be for twenty-four months with an option to extend for up to one additional twelve-month period subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2003-20~4 and requested for FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. Minutes - Regular Council Meeting May 18, 2004 - Page 3 MOTION NO. 2004-192 Motion approving the purchase of a vacuum truck fi.om the following companies for the following amounts based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of $231,342.68. The equipment will be used by the Wastewater Department. This unit is a replacement. Funding is available from the FY 2003-2004 Capital Outlay Budget in the Maintenance Services Fund. Kinlock Equipment Co. Pasadena, Texas Vacuum Truck Body $163,351 Masters International Arlin~on. Texas Truck Chassis $67,991.68 Grand Total: $231,342.68 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. 7.a. RESOLUTION NO. 025755 Resolution authorizing the City Manager or his designee to submit a municipal solid waste grant application to the Coastal Bend Council of Governments in the amount of $34,642 for salary for a second year of grant funding for an Assistant Compliance Officer. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. 7.b. RESOLUTION NO. 025756 Resolution authorizing the City Manager or his designee to submit a municipal solid waste grant apphcation to the Coastal Bend Council of Governments in the amount of $4,000 to purchase educational materials for tours and visits to the landfill and to educate the public on solid waste issues. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ 7.c. RESOLUTION NO. 025757 Resolution authorizing the City Manager or his designee to submit a municipal solid waste grant application to the Coastal Bend Council of Governments in the amount of $15,000 to develop a Community Media Outxeach Campaign for the City's New Anti-Litter Ordinance. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Garrett was absent. Minutes - Regular Council Meeting May 18, 2004 - Page 4 10. MOTION NO. 2004-193 Motion authorizing the City Manager or his designee to execute Change Order No. 5 with A. Ortiz Conslruction & Paving, Inc., of Corpus Christi, Texas in the amount of $103,125 for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustments FY 2003 (Rebid). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cohnenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. MOTION NO. 2004-194 Motion approving the application from SMG to temporarily close the following street section for the Corpus Christi and Hispanic Chambers of Commerce Mixer Event, May 20, 2004: The inside travel lane of Northbound Shoreline Boulevard from Fitzgerald Street to Resaca Street, exclusive of the median crossovers at Fitzgerald Street to Resaca S~'ect, beginning at 8:00 a.m., Wednesday, May 19, 2004 through 3:00 p.m., Friday, May 21, 2004. Southbound Shoreline Boulevard from Fitzgerald Street to Resaca Street, exclusive of the median crossovers at Fitzgerald Street to Resaca Street, beginning at 8:00 a.m., Wednesday, May 19, 2004 through 3:00 p.m., Friday, May 21, 2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ MOTION NO. 2004-195 Motion authorizing the City Manager or his designee to execute a Second Amendment to the Pre-Opening Services and Management Agreement for the Corpus Christi Multi-Purpose Arena between the City of Corpus Christi and SMG, of Philadelphia, Pennsylvania to include the assignment of the naming rights for the Multi-Purpose Arena and Convention Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent; Kelly abstained. Minutes - Regular Council Meeting May 18, 2004 - Page 5 ll.a. MOTION NO. 2004-196 Motion authorizing the City Manager or his designee to approve a Statement of Services # 12 for PeopleSofi Solutions Center Upgrade Services with PeopleSoft USA, Inc., of Pleasanton, California in the amount of $190,000 to provide the City with a certified technical upgrade of the PeopleSofi Financials v7.02 software to v8.8 based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. ll.b. MOTIONNO. 2004-197 Motion authorizing the City Manager or his designee to approve a Statement of Services # 13 for Consulting Resources with PeopleSott US A, Inc, of Pleasanton, California in the amount of $141,440 for consulting services to provide the City with certified consultants to assist with the upgrade of the PeopleSofi Financials v7.02 sottware to v8.8 based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. ll.c. MOTIONNO. 2004-198 Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc., of Houston, Texas for consulting services to support PeopleSof~ Financials v7.02 in accordance with the State of Texas Cooperative Purchasing Program for an amount not to exceed $150,000. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ 12.a. ORDINANCE NO, 025758 Ordinance amending Ordinance No. 025443 which appropriated funds for operation of 9-1-1 System and other operational expenses by reducing amount appropriated fi-om $277,154.07 to $35,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Gm'rea was absent. Minutes - Regular Council Meeting May 18, 2004 - Page 6 12.b. ORDINANCE NO. 025759 Ordinance appropriating $72,000 from the General Fund No. 1020 Reserve for 911 Wireless Service and $35,000 from anticipated additional revenues in the General Fund 911 Wireless Services Revenue Account for consultant services to assist City in replacement of the existing Police Department Tiburon, Inc. Phoenix System; amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing appropriations by $107,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. 12.c. MOTIONNO. 2004-199 13. 14_ Motion authorizing the City Manager or his designee to execute a contract with Public Safety Consultants, Inc. (PSCI), of Wetumpka, Alabama in the amount of $106,229_25 to provide consulting services to the Corpus Christi Police Department and Mun/cipal Information Services to replace the existing Tiburon, Inc. Phoenix System. This antiquated system provides chtical technology for Computer Aided Dispatch (CAD), Records Management System (RMS), and Mobile Data Computer Support (MDC)_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ RESOLUTION NO. 025760 Resolution nominating Valero Refining Company - Texas, L. P. to the Office of the Governor Economic Development and Tourism (EDT) through the Economic Development Bank (Bank) for designation as a qualified business and Triple Jumbo Enterprise Project (Project) under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act). The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. RESOLUTION NO, 025761 Resolution authorizing the City Manager or his designee to submit an application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2004-2005 78415 Community Youth Development (CYD) Program in the amount of $426,000_ The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenern, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. Minutes - Regular Council Meeting May 18, 2004 - Page 7 15. 16. ORDINANCE NO, 025762 Ordinance abandoning and vacating a 1,514-square foot portion of a 10-foot wide utility easement between Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park; requiring the owner, SSP Parmers II, L.L.C., to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. ORDINANCE NO. 025763 Amending the City's Code of Ordinances, Chapter 53 - Traffic, Article V - Operation of Vehicles, by restricting vehicular traffic on the Alameda Street Bridge over 1-37 as part of the Regional Transportation Authority's Livable Communities Initiative; and providing for penalties. (First Reading 05/11/04) The foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ ************* Mayor Neal referred to the presentations on the day's agenda_ The first presentation was Item 17, a construction update #3 on the Packery Channel project. City Engineer ~ngel Escobar reported that the project was 19 percent complete as of April 30. He reviewed the work completed to date in more detail. First, he said the dredging of Reach 2 (Intereoastal Highway to State Highway 361) had been completed, removing a total of 105,000 cubic yards of sand. Second, he said the utility casing and sand by-pass casing had been completely installed. Third, he said the expansion and fill work at Placement Area 2 (north side of Packery Channel) had been completed from SH 361 to the dune protection line. He said it also included the installation of the storm drainage system. Finally, he said the required dune mitigation line (1,000 feet) was completed. City Engineer Escobar then reported on the work currently in progress. First, he said the sand placement for Placement Area 3 was well underway and progressing well. Second, he said approximately 20,000 tons of cover stone had been inspected, accepted, and stockpiled; 12,000 tons of stone were at the Rincon Channel Yard waiting to be barged to the site. Third, he said erosion filter fabric had been delivered for use in erosion control He said prior to the Concrete Cellular Mattress (CCM) installation, the fabric needed to be installed to prevent sand migration. Regarding the Shamrock Island mitigation, City Engineer Escobar reported that the firm of Shiner Moseley and Associates was selected by the Coastal Bend Bays & Estuaries Program to design required mitigation for the project. He said the alternate analysis and design was scheduled to begin in June 2004, continuing for the rest of the project duration. Mr. Escobar also reported on the status of the boat camp grant for the project. He said on May 27, 2004, city staffwould travel to Austin for the decision on a $500,000 grant fi.om the Texas Minutes - Regular Council Meeting May 18, 2004 - Page 8 Parks and Wildlife Commission. He said subject to approval, the grant funds would be combined with a city match of $205,621, funded through the TIF as part of the overall project. City Engineer Escobar then reported on the construction timeline schedule. He stated that the work had began in August 2003, was 19 percent complete as of April 30, 2004, and was estimated for completion in August 2005. Finally, Mr. Escobar stated that the Packery Channel project had received a national award on May 12, 2004 for the "Best Value Engineering" efforts between the Corps of Engineers (COE), city, engineers and the contractor, resulting in a $2 million cost savings. He noted that the Packery Channel project was one of only eight projects nationwide to receive such an award this year_ Mr_ Scott asked about the status of the funding for the project_ Mr. Tom Utter, Special Assistant to the City Manager, stated that the Corps of Engineers have committed to continue funding the project through FY 2004_ At the end of the fiscal year, however, Mr. Utter said the project will need additional funding. He said the COE has stated that their goal is not to halt any ongoing projects. In addition, he said Senator Hutchison's office has indicated that there will more than likely be COE funding for the project in FY 2005. Ms. Cooper asked if staff foresaw that the funding problems would delay the completion date. Mr_ Escobar replied negatively, not in terms of construction. The final presentation item was the third quarterly update on the city's Title II transition plan under the Americans with Disabilities Act (ADA). Mr. David Ramos, director of the human relations department, stated that there were five categories ofaceessibility and barrier removal under the city's Title II ADA a-ansition plan which were evaluated as part of a comprehensive process_ He said he would discuss the progress made in each category individually. He also noted that the Committee for Persons with Disabilities had provided input into the comprehensive evaluation process, as well as other members of the public, namely Mr. Abel Alonzo, Mr. Dik Johnson, and Mr. Jon Harwood. Mr. Ramos first discussed the progress made in the public facilities category, comprised of 26 sites in city hall, the libraries, health department, street and solid waste services departments, recreation centers, and senior centers_ He said in March 2004, the engineering department completed the bid process for the 26 projects. In April 2004, he said a contract was awarded for the projects at a cost of $336,100. As a result, 17 entrance doors to city hall have been automated, and 17 door handles have been replaced. Finally, he said signage in bradle was being added to 74 different locations in city hall. Mr. Ramos then discussed the progress in the public programs category, comprised of the libraries, museum, closed captioning, and various customer service areas. He reported that an audio tour script was in production for the museum, and the processing of closed captioning for Cityscape segments was completed. In addition, he said the bid process to secure a vendor for live closed captioning for the Council meetings was underway, and staffwould receive the bids on May 25. Finally, he said accessible customer service tables for the libraries and for park and recreation computer classes had been ordered. Most importantly, Mr. Ramos said concerns regarding program accessibility, the main focus of Title II under the ADA, were being addressed by assisting city Minutes - Regular Council Meeting May 18, 2004 -Page 9 departments in the development of policies and procedures, and by responding to requests for accommodation. This quarter, Mr. Ramos reported that the human relations department has assisted and advised the aviation, coliseum, engineering services, the nursing division of the health department, park and recreation, solid waste services, and the traffic engineering departments. In the site development category, Mr. Ramos reported that city plan reviewers, building inspectors, and a compliance officer will attend the State of Texas's full academy on accessibility standards in June 2004. Mr. Ramos then reported on the progress made in the outreach category. He said staff conducted three awareness training sessions for city employees during this quarter. He also said preparations for professional training on accessibility for Title II public entities and Title ~ private entities had been made. Finally, he said staff was exploring other awareness and marketing opportunities. The last category was the construction ofcitywide curb ramps for a prioritized list of arterial and collector streets. Mr. Ramos reported that the citywide curb ramp projects were part of the 2004 Bond Program, which will go before the voters in November 2004. Regarding individual curb ramp requests, he reported that in February 2004, engineering services completed the bid process for curb ramp work, and a contract was awarded for $224,310. Mayor Neal asked if the c~ty was in line with their projections to bring their public facilities up to standards. Mr. Ramos replied affirmatively, saying the contract for public facilities projects was estimated for completion in October_ He said staffwould report on the results during the next quarterly update. Mr. Colmenero asked if information on the city's ADA transition plan for Title II and Title III was available on the city's website. Mr. Ramos replied that there was preliminary information on the city's nondiscrimination ordinance on the website, but he could also add a Frequently Asked Questions section to further provide information. Mayor Neal opened discussion on Item 19 regarding a contract for the automated meter reading/wireless broadband network pilot project. Mr. Ogilvie Gericke, director of municipal information services, introduced Mr. Brian Anderson with PTI/RAM Technologies, the city's consultant for the pilot project, who would report on the project status. Mr_ Anderson said his team evaluated the 38 possible technology choices based on the city's requirements through an RFI. He said they identified Tropos Network as the only technology that would support all the city's requirements. In addition, Mr. Anderson reported that their research indicated that the WiFi network had more benefits than those identified for automated meter reading (AMR) communications and workforce management, including citywide mobile access. Based on this finding, he said the original plan to limit the WiFi network test to the two proposed AMR pilot areas would not be an appropriate test_ Therefore, the proposed WiFi network pilot areas had been expanded. Mr. Anderson said the scope of the proposal supported the implementation and testing activities required Minutes - Regular Council Meeting May 18, 2004- Page 10 for the expanded WiFi network pilot, including the AMR and mobile applications. Mayor Neal asked how long the pilot prog~m would last. Mr. Anderson replied that the pilot test implementation would begin in June, and the AMR pilot would run fi.om September through December 2004. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a_ MOTIONNO. 2004-200 Motion authorizing the City Manager or his designee to enter into a sole source contract with Tropos Networks, Inc., of San Mateo, California in the amount of $641,200 to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading/Wireless Broadband Network Pilot project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scot% voting "Aye"; Garrett was absent. 19.b. MOTION NO. 2004-201 Motion authorizing the City Manager or his designee to execute a Contract amendment with PTI/RAM Technologies, of Washington, DC in the amount of $300,000 to provide Consulting Services for the deployment and Contract administration of the Automated Meter Reading/Wireless Broadband Network Pilot project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_ 19.c. MOTION NO, 2004-202 Motion authorizing the expenditure of an amount not to exceed $100,000 to American Electric Power for access to utility poles; power supply to automated meter reading (AMR) devices; and build outs as necessary; and to a third party for installation of the devices necessary for the Automated Meter Reading/W~reless Broadband Network Pilot project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent. 20. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under 551.074 of the Texas Government Code for delib¢rations regarding the evaluation of the city Manager, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting May 18, 2004 - Page 11 21. Executive session under 551.087 of the Texas Government Code for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for petitions fi.om the audience. Mr_ Sir Usa VII, 905 Cleveland Street #4, spoke regarding an alleged incident that took place at last week's council meeting. Ms. Sherry Dunlap, 5825 Hopkins Road, spoke regarding last week's appointments to the Animal Control Advisory Committee. Mayor Neal called for a brief recess to present proclamations. The Council returned fi.om recess, and Mayor Neal called for the City Manager's report. City Manager Nee thanked all the emergency and work crews for their efforts this weekend related to the HAZMAT incident at 1-37 and Tancahua Street. He said the site has been cleared and the bridge has been shored_ At this point, Mr_ Noe said the city has turned the matter over to TxDOT to make the permanent repair to the bridge. He said all the affected roadways have been opened at least partially, except for 1-37 northbound to Shoreline Drive. City Manager Noe also reported that the call center construction has begun on the first floor of City Hall this week, and is expected to be completed this July. He also said the state department of health has issued an advisory on a measles outbreak in Mexico which may impact our community. In addition, he thanked Mr. Herb Canales, director of libraries, library staff and advisory committees for raising approximately $300,000 for the new Mary and JeffBell Children's Library remodeling, exceeding their goal of $250,000_ City Manager Nee announced that the following items were scheduled for the May 25 council meeting: presentation of the city manager's proposed budget for FY 2004-05; discussion on vacant building ordinance; six zoning cases; and items on ESG funding. Mayor Neal called for Council concerns and reports. Mayor Neal asked for the status of the public safety bond issue related to the fire tower project. City Manager Noe added that the fire tower was not included in this project due to a number of funding problems, but the city has made arrangements with Del Mar College to use their tower for the time being. Mayor Ne. al asked Assistant City Manager Mark McDaniel to discuss a TML report on the North Padre Island Development Corporation T[F. Mr. MeDaniel explained that the report provided totals on the captured appraised values, levies, and the percent grow~th in the TIF over the reporting period. He noted that propen'ty values have increased, particularly on the Island, and thus, staff is budgeting for a 18 percent growth in taxable value and 46 percent growth in captured value next year. He said the TIF was on schedule and looked good. Mayor Neal commented that if the governor's artificial tax cap were placed on the values, it would be very dif/icult to meet the city's Minutes - Regular Council Meeting May 18, 2004 - Page 12 bond obligations and continue with the development in the T1F_ Mayor Neal stated that the Council evaluated City Manager Noe's job performance today, and a summarization of the entire Council's comments was available in the city secretary's office. He said overall, the Council was extremely pleased with Mr. Nee's leadership; however, the Council made no provisions for any salary or other monetary increases at this time. He said any increases would be discussed further during the budget process. Nonetheless, Mayor Neal said the Council appreciated Mr. Noe's work and thought he was providing excellent leadership. Mr. Scott asked Mr. Nee to tell SMG to correct their records because he was receiving correspondence fi.om them addressed to Dr. David McNichols, the former representative of District 4. He also asked for the status of the hospital zone on Alameda Street. City Engineer Escobar replied that the field surveys have been completed, but the computations and justifications for shortening or modifying the zone have not been done. He said a report would be ready within approximately 60 days. Mr_ Scott commented that he had received information on the Arts and Cultural Commission's public art program regarding the new baseball stadium, and he asked if representatives fi.om the Hooks organization were involved in the art selection. City Manager Noe answered that technically, the Arts and Cultural Commission made the decision, with input fi.om the design team. Even so, he said that he would keep the Hooks organization informed. Mr_ Scott said he encountered a representative fi.om Texas Rio Grande Legal Aid, Inc., the organization that was turned down for CDBG funds in April, and they indicated they were still available to assist the city if desired. He noted that City Attorney Fischer had previously said that their services could be handled in-house, but asked if she would consider outside resources if needed. City Attorney Fischer replied that her plan was to review their CDBG application to determine how they intended to provide services, and then she would be open to discussing their possible assistance. Finally, Mr. Scott asked the Mayor and Council to direct the city manager to add a line item for citywide neighborhood park improvements to the upcoming bond program discussion. He asked staff.to research the matter and report to the Council during the next bond discussion. Mayor Neal spoke in support of Mr_ Scott's suggestion, saying it reinforced the Park and Recreation Advisory Committee's recommendations in their April 21 letter. Finally, MayorNeal reported that this month's issue of Soldiers Magazine had an outstanding article on the Port of Corpus Chfisti's efforts to move equipment to and fi.om Iraqi freedom. He also announced that he and the county judge were tentatively scheduled to hold a Metrocomm board meeting on Monday, May 24 at 10:00 a.m. in the county commissioners court. He said he was hoping to receive confirmation today that there would be an item on the May 25 commissioners court agenda regarding the county jail issue and funding for the South Texas Military Task Force. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1::1210 p_m. on May 18, 2004. 2 AGENDA MEMORANDUM DATE: May 25, 2004. SUBJECT: Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway) (Project No. 8492) AGENDAITEM: Motion authodzJng the City Manager, or his designee, to award a construction contract to R. S. Black Civil Engineers of Corpus Christi, Texas in the amount of $486,000 for Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway). ISSUE: The existing hoist system at Wesley Seale Dam was installed as a retrofit in 1966. The crest gate hoist actuator of the south spillway is approaching the end of its economic life and requires replacement. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Director of Engineering Services Additional Sul~l~ort Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway) (Project No. 8492) PRIOR COUNCIL ACTION: 1. February 10.2004 -Approval of the Capital Improvement Program FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. October 20, 2003 - Approval of an A/E Agreement in the amount of $25,000 with Freese and Nichols, Inc. for the Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway). BACKGROUND INFORMATION: Wesley Seale Dam is located near Mathis, Texas. The existing hoist system at Wesley Seale Dam was installed as a retrofit in 1966 after the odginal counterweight gate operation mechanism was damaged by a storm. The south spillway hoist system is slow. The time required to open and dose the gates needs to be improved. Electdc motors that ddve the hoists on the south spillway have required frequent maintenance. Previous analysis of the gate operations plan by Freese and Nichols, Inc. in 1998 showed that for a severe flood condition, some of the spillway gates could not be lowered before the reservoir had dsen significantly or overtopped the dam. Hoist failure could result in the loss of up to 6-feet of the conservation pool, constituting about 101,000 acre-feet of stored water. This could occur if one or more gates fail in the lowered position and could not be raised. The inability to effectively lower the gates during a storm or flood event would diminish the ability to safely pass flood waters. This could contribute to overtopping of the dam. PROJECT DESCRIPTION: This project consists of replacing twenty-seven (27) actuators on the South Spillway gates, including remote control system, computer equipment, conduit cabling, wiring, pull and junction boxes, testing, starting and training, coating, painting, and miscellaneous appurtenances; all in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from three (3) bidders on May 12, 2004. See Exhibit "B" Bid Tabulation. The bids range from $486,000 to $781,050. The Engineer's estimated construction cost for the project is $531,830. The City's consultant, Freese and Nichols, Inc., and City staff recommend that the Total Base Bid be awarded in the amount of $486,000 to R. S. Black Civil Engineers of Corpus Christi, Texas for the Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway) Project. EXHIBIT "A" I Page 1 of 2 CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by December 2004. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Water Capital Improvement Budget. EXHIBIT "A" I Page 2 of 2 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: John S. Wolfhope, Freese and Nichols, Inc. DATE: May 12, 2004 TIME OF COMPLETION: lB0 Calendar Days ENGINEER'S ESTIMATE: $531,830 Wesley Scale Dam Actuator Replacement (South Spillway) Project No. 8492 ITEM DESCRIPTION QTY. UNIT 1 Mobilization and 1 LS demobilization, complete 2 South Spillway gates actuator 1 LS replacement, complete in place TOTAL BASE BID ITEMS 1-2 R. S. Black Civil Engineers JM Davidson, Inc. P.O. Box 4639 P.O. Box 6218 Corpus Christi, TX 7B466 Corpus Christi, TX 78469 UNIT PRICE AMOUNT UNIT PRICE AMOUNT $20,000.00 $20,000.00 $16,000.00 $16,000.00 $466,000.00 $466,000.00 $527,076.00 $527,076.00 $486,000.00 $543,076.00 CCC Group 5797 Dietrick Road San Antonio, Tx 78219 UNIT PRICE AMOUNT $39,050.00 $39,050.00 $742,000.00 $742,000.00 $781,050.00 PROJECT BUDGET WESLEY SEALE DAM CREST GATE HOIST ACTUATOR REPLACEMENT (SOUTH SPILLWAY) (Project No. 8492) May 25, 2004 FUNDS AVAILABLE: Water ....................................................................... $567,600.00 FUNDS REQUIRED: Construction (R. S. Black Civil Engineers) ........................ $486,000.00 Contingencies (10%) ................................................... Contingencies (Freese and Nichols, Inc.) ......................... Engineering Reimbursements ....................................... Administrative Reimbursements ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ 48,600.00 25,000.00 3,500.00 2,500.00 2,000.00 $567,600.00 I EXHIBIT "C" Page 1 of 1 I FTle : \Mprojec~\councilexhiblts\exh8492.dwg N LAKE CHOKE CANYON RESERVOIR THREE RIVERS 59 / / / / SEADRIFT GEORGE WEST COR =US CHR S'FI WESLEY SEALE DAM ~ NUECES ~ RIVER PUMP STATION NO_ 2 7~ WOODSBORO PUMP STATION NO. 1 MARY RHODES PIPEUNE SALTWATER BARRIER DAM ON STEVENS WATER PLANT CORPUS CHRISTI CITY PROJECT NO. 8492 LOCATION MAP N~t To Stole EXHIBIT ' D' WESLEY SEALE DA~ ACTUATOR REPLACEMENT (SOUTH SPILLWAY) CITY' OF CORPUS CHRiSTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPAR~4ENT OF ENG~NEERINC SERVICE~ PAGE: I of 1 G4TE: 05-19-2004 ~ 3 AGENDA MEMORANDUM DATE: May 18, 2004 SUBJECT: O.N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program (Project No. 8496) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to C. W. Campbell Electric, Inc. of Corpus Christi, Texas in the amount of $239,292 for O. N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2004. ISSUE: The O. N. Stevens Water Treatment Plant requires consistent maintenance of instrumentation in order to provide safe water supplies and comply with state and federal standards for the treatment of potable water. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Water Operating Budget. RECOMMEN~recommends approval of the Motion as presented. Director of Water Services t~¢ Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit 'B" Bid Tabulation Exhibit 'C" Project Budget Exhibit"D" Location Map BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2004 (Project No. 8496) PRIOR COUNCIL ACTION: 1. July 22, 2003 - Approval of the Capital Outlay Program FY 2003-2004 (Ordinance No. 025394). PRIOR ADMINISTRATIVE ACTION: 1. March 31, 2004 - Approval of an NE Agreement in the amount of $15,300 with BHP Engineering & Construction, Inc. for the O.N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2004. BACKGROUND INFORMATION: The water treatment process atthe O.N. Stevens Water Treatment Plant requires operating, monitoring, and maintaining of various quality analyzers and related instrumentation that ensure compliance with state and federal standards for potable water quality. Other instrumentation is required to monitor the raw water supply delivery system and distribution system operations. The Water Department conducts an On-Going Instrument Maintenance Program that provides system reliability by scheduling annual maintenance of essential pumping units located throughout the water system. PROJECT DESCRIPTION: This project consists of providing for one year preventive, corrective, and emergency call out maintenance services for all instrumentation, analyzers, laboratory instruments, personal computers (PC's) that are part of the site SCADA syste, Programmable Logic Controllers (PLC's), and SCADA equipment at the O. N. Stevens Water Treatment Plant. The major locations of the instrumentation and control devices include: · O.N. Stevens Water Treatment Plant · six (6) pumping plants · four (4) elevated tank storage sites · fourteen (14) remote sites located in the City's Water Distribution System · one (1) site along the Mary Rhodes Pipeline BID INFORMATION: The City received proposals from two (2) bidders on May 5, 2004. See Exhibit "B" Bid Tabulation. The bids range from $239,292 to $242,696. The Engineer's estimated construction cost for the project is $250,000. The City's consultant, BHP Engineering, and City staff recommend that the Total Base Bid be awarded in the amount of $239,292 to C. W. Campbell Electric, Inc. of Corpus Chdsti, Texas for the O. N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2004. EXHIBIT "A" i Page 1 of 2 CONTRACT TERMS: The contract specifies that the project will be completed in 360 calendar days, with completion anticipated by June 2005. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Water Operating Budget. EXHIBIT "A" 1 Page 2 of 2 /Al 2%4 HOUR 70,00 5,250,00 59,00 4,425.00 12,835.00 59.00 lO,OOO,O0 59.00 NO BID NO BID 51,95(3.00 25,000, O0 25, OOO, OO 43,105.00 ~3m PROJECT BUDGET O. N. STEVENS WATER TREATMENT PLANT ON-GOING INSTRUMENT MAINTENANCE PROGRAM FY 2004 (Project No. 8496) May 25, 2004 FUNDS AVAILABLE: Water ....................................................................... FUNDS REQUIRED: Construction (C. W. Campbell Electric, Inc.) ..................... Contingencies (10%) ................................................... Contingencies (BHP Engineering) .................................. Engineering Reimbursements ....................................... Administrative Reimbursements ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ..................................................................... $289,992.00 $239,292.00 23,900.00 15,300.00 7,000.00 3,000.00 1,500.00 $289,992.00 IEXHIBIT "C" Page 1 of I I \ Mprojec ~ \ councilexhibits \ exh84 96.dwg N 0 N STEVENS WATER PLANT LOCATION IH57 PROJECT No. 8496 LOCATION MAP NOT TO EC.41_E O.N. STEVENS WA TER TREATMENT PLANT ON-GOING INSTRUMENT MAINTENANCE PROGRAM FY 2004 CITY OF CORPUS CHRISTI, TEXAS EXHIBIT 'D* CZTY COUNCZL EXHT_B_TT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o1:1 DATE: 05/13/2004 4 CITY COUNCIL AGENDA MEMORANDUM Date: May 25, 2004 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to reinstate and amend the scope of work for the FY2002 ESG Gulf Coast Council of La Raza agreement. b. Motion authorizing the City Manager or his designee to amend the scope of work for the FY2003 ESG Gulf Coast Council of La Raza agreement. ISSUE: Amending scope of work in an approved Consolidated Annual Action Plan (CAAP) funded projects requires City Council action and approval. REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to reinstate and amend the scope of work for the FY2002 ESG Gulf Coast Council La Raza and amend the scope of work for the FY2003 ESG Gulf Coast Council of La Raza. RECOMMEN nATION: Staff recommend~~l~~presented. ~l~fi~athar~ Wagner, Acti~or ADDITIONAL SUPPORT MATERIAL Background Information [] BACKGROUND INFORMATION PRIOR COUNCIL ACTION: May 21, 2002, the City Council adopted its 2002 Consolidated Annual Action Plan (CAAP) for Community Planning and Development (CPD) Programs (Resolution No. 024887). Included was the approval of the following FY2002 ESG Gulf Coast Council of La Raza project for $25,000: To assist in providing services to runaway, homeless, abused and neglected children ages 6 through 17 who are in need of residential, counseling, and advocacy services in order to expedite reconciliation with their families. May 20, 2003, the City Council adopted its 2003 Consolidated Annual Action Plan (CAAP) for CPD Programs (Resolution No. 025309). Included was the approval of the following FY2003 ESG Gulf Coast Council of La Raza project for $20,000. Provision of Essential Services including services concerned with employment, physical health and education of the homeless, and payment of maintenance, operations including rent, insurance, utilities and furnishings. PROJECT BACKGROUND 1. Ori~linal scope The approved funding amount of $25,000 from the FY2002 CAAP was to assist in providing services to runaway, homeless, abused and neglected children ages 6 through 17 who are in need of residential, counseling, and advocacy services in order to expedite reconciliation with their families. The two approved categories based on their RFP submittal were in the areas of Essential Services for $10,000 and Operation and Maintenance for $15,000. The contract term ended March 31,2004. Proposed revised scope The Guff Coast Council of La Raza, Inc. will be officially closing out its contract with the Star Program of the Texas Depa,[ment of Protective and Regulatory Services (TDPRS). However, the Gulf Coast Council of La Raza (GCCLR) will retain its license to operate an emergency runaway shelter. GCCLR's mission of serving homeless, transient and at dsk children/students within the ages of 6 through 17 years of age will continue. The category of Essential Services partly funded a counselor for GCCLR with the remaining funds for the position being provided by the Star Program of the TDPRS. As a result of the Star Program contract ending, GCCLR is requesting to transfer $2,018.47 from Essential Services to Operations and Maintenance. The amended and final budget amounts are as follows: $7,981.53 for Essential Services and $17,018.47 for Operations and Maintenance. The GCGLR is expanding its current services of providing educational services to these youth, and this transfer of funds will allow the opportunity to modemize the air-conditioning and heating system at the facility located at 721 Omaha. Oriqinal scope The approved funding amount of $20,000 from the FY2003 CAAP was to provide for the provision of Essential Services including services concerned with employment, physical health and education of the homeless, and payment of maintenance, operations including rent, insurance, utilities and furnishings. The two approved categories based on their RFP submittal were in the areas of Essential Services for $5,000 and Operation and Maintenance for $15,000. Proposed revised scope See #1 above for the reasoning for the change of scope of work. As a result of the Star Program contract ending, GCCLR is requesting to transfer $4,828.94 from Essential Services to Operations and Maintenance. The amended and final budget amounts are as follows: $171.06 for Essential Services and $19,828.94 for Operations and Maintenance. 5 AGENDA MEMORANDUM AGENDA ITEM: May 6, 2004 Ordinance appropriating $ 30,020.92 fi-om Barclay Grove Unit 9 developer's con~'ilm.d~on to Drainage Channel No. 31 in the No. 4730 Infrasb'ucture Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 30,020.92 to the No. 4730 I,l'f ~structum Fund. Motion approving payment of $ 30,020.92 developer's contribution from Barclay Grove Unit 9 fi-om the No. 4730 Infi-astructum Fund to Mark Bratton Estate Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the Cit7 of Corpus Chdsfi and Trustee; and dedadng and emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton (deceased) and the City of Corpus Chdsti. The agreement requires the City to collect payments from other developers that use the Channel and reimburse the Mark Bratton Estate (trustee) for the initial expenditure REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 fees are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Ag ~r~ment be{ween the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Infrastructure Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion es presented. Director of Deve'lop~ent Services A'I-I'AC f-lVENTS: Exf~b# A. Background Informalion Exhibit B Location Map ! I AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Evolution of the Master Plan Drainmse Channel 31 Trust Fund; In 1985, several landowners (participating owners), including the Corpus Christi School District (CCISD) began investing in the basic infrastructure necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Katie Middle School site. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, ware being used, as they are today throughout the City, to pay for water and wastewater improvements which serve the area. Development was hindered, as it is today without a similar system for drainage costs in areas without a drainage outfall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, including acquisition of right- of-way, excavation of the channel, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation at the time. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established an impact fee based upon the area of tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the impac~ fee from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the Funding owners (CCISD, Harris & Chades Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bra~ton) and the City of Corpus Chdsti on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997_ I Exhibit A I Page 1 of 2 Pri<~r Council Ac'dorm Asm~--lated with Master Plan Dralrmae Channel 31 1. Motion approving C)ffsite Drainage Develoflment Contract with Mark Briton, Trustee, providing for acquis~on of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pm rata acreage plan for area served by Channel 31, and City coflection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 198.5 (M85- 0597). Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public headng to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisop/Committee on November 26, 1996 (Res. fK)22773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each tract s~tuated within Channel 31 Sen-ica Ama calculated on an acreage and uae basis with respect to that portion of the cost of the project situated downstream of each particular Iract on Februa~7 18, 1997 (M98-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chaptam 13 and 55 of the City Code to refemnca the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #=022913). Im~aof Fee Collection Trigger Points: Impact fees are collected at one of the following three tdgger points, whichever occurs first, within all or any portion of a tract situated within Ama 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the City's utility systems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As govemed by City Charter, ArUcle IV, Section 5, such disbursement requires adoption of an ordinance appropriating Ihe funds by Council. Therefore, it is anUcipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Off~lte Drainage Development Co,,[,,=~t: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full cleveiopment of the service area. The 20-year mark will be December 31, 2005. IE xhlblt A I Page 2 of 2 .F &G.T. LOCATION MAP NOT TO ~OVE UNIT 9 Corpus Ckdstl ~/FLOUR~/ BLUFF & ENCINAL FARM & W.C'tOR~,, ~ 779~3 1274 AN ORDINANCE APPROPRIATING $30.020.92 FROM BARCLAY GROVE UNIT 9 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WHICH APPROPRIATED THE TRUST FUNDS. BY ADDING $30,020.92 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,020.92 from Barclay Grove Unit 9 developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $30,020.92 to the No. 4730 Infrastructure Fund. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 25th day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED (,~ ~ ~ ~ ,2004 By: Josep/'~Harney% Assistant City Attorney For City Attomey 6 CITY COUNCIL AGENDA MEMORANDUM May 18, 2004 AGENDA ITEM: Ordinance abandoning and vacating a 1,484-square foot portion of a 10- foot wide utility easement between Lots 1-3, and Lots 50-52, Block A, Don Patdcio; requiring the owner, Daniel J. Thorton to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: The property owner is requesting the abandonment and vacation of the utility easement to accommodate the future construction of a car wash over the existing easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replal the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. pment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSUREAND BACKGROUND: Urban Engineering, on behalf of Mr. Daniel J. Thorton is requesting the abandonment and vacation of a 1,484-square foot portion of a 10-foot wide utility easement in Lots 1-3, and Lots 50-52, Block A, Don Patdcio in order to accommodate the future construction of a car wash that will cover all/or portions of the existing utility easement. The easement to be abandoned and vacated is located in a "B-l" Neighborhood Business District. All public and franchised utilities were contacted. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends payment of the fair market value of $1,670.00 for the abandonment and vacation of a 1,484-square foot portion of the 10-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 1,484-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 1-3, AND LOTS 50-52, BLOCK A, DON PATRICIO; REQUIRING THE OWNER, DANIEL J. THORNTON, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1,484-square foot portion of a 10-foot wide utility easement between Lots 1-3, and Lots 50-52, Block A, Don Patricio, as recorded in Volume 8, Page 30, Map Records Nueces County, Texas, that the owner, Daniel J. Thornton, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,484-square foot portion of a 10-foot wide utility easement between Lots 1-3, and Lots 50-52, Block A, Don Patricio, as recorded in Volume 8, Page 30, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value, appraised at $1,670.00, for the proposed 1,484-square foot portion of a 10-foot wide utility easement that is to be abandoned and vacated at owner's expense. That the Owner replat the portions of Lots 1-3, and Lots 50-52, Block A, Don Patdcio, being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon wdtten request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 25th day of May, 2004. H:~LEG-DIRUoseph\ORD-DonPat.doc AT~EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ,2004 By: Joseph H/~rneyL~"~'© Assistant City Attorney For City Attorney H:\LEG-DIR~Joseph\ORD-DonPat.doc LOCATION MAP N.T.S. 49 ~ R/dge ~ood Dr/ve 5O 5! 20' ~/oldron Rood Map to Accompany Eosement Closure Lots 1, 2, 3, 5O, $1, cd 52, Brock Don Potdcio Exhildt C DA'I~.: MAY 19, 20O4 SCALE: 1'- 40' JO~ NO.: 39505.00.00 SHEd"r: 1 OF 1 DRAWN BY: RR 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 25, 2004 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a Federal Aviation Administration Entitlement Grant, Grant No. 36, in an amount not to exceed $8,218,378 for following projects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase 1; Acquire 1,500 Gallon Aircraft Rescue & Fire Fighting Vehicle. B. Ordinance appropriating an amounl not to exceed $8,218,378 from Federal Aviation Administration Grant No. 36 in the Airport Grants Fund No.1055 for the following projects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase 1; Acquire 1,500 gallon Aircraft Rescue and Fire Fighting Vehicle; and declaring an emergency. ISSUE: The Federal Aviation Administration (FAA) has offered the City of Corpus Christi Grant # 36 in an amount of $8,218,378.00 for updating the Airport Master Plan, rehabilitating runway 13/31 (phase 1 ), and acquiring a 1500 gallon aircraft rescue & fire lighting vehicle. The FAA requires that the City accept the grant offer by Resolution. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: Council has taken numerous actions associated with this project. FUNDING: CONCLUSION AND RECOMMENDATION: The Airport Board recommended approval of the Resolution and Ordinance during their meeting held on April 21, 2004. Staff recommends approval o[ the Resolution and Ordinance as presented. Department Head Signature Attachments: Exhibit A: Background BACKGROUND INFORMATION BACKGROUND: The Federal Aviation Administration (FAA) has approved federal participation in funding 95% of the costs involved in several Council approved Airport Capitol Improvement Projects. Presented below is a brief description of the projects. Updating the Airport's Master Plan: The FAA recommends updating airport master plans every 5 years to more closely coincide with evolving conditions such as noise and environmental, land use, passenger and freight trends and projections, updating the published statistics and providing recommendations on future projects and opportunities. The last airport master plan update was finalized in 1999. FAA approved funding for this project is $650,000 from entitlement grant funds. Acquire 1500 Gallon Aircraft Rescue and Fire Fighting (ARFF) Vehicle: This is a vehicle that will replace one that is 18 years old and has experienced high maintenance costs and excessive down time. The vehicle is needed to ensure our continued compliance with our FAA approved published minimums. FAA approved funding for this project is $585,000 from discretionary grant funds. Rehabilitate Runway 13/31 (Phase 1): The airport's primary runway, runway 13/31, is 7,500 feet in length by 150 feet in width and accommodates 85 - 95% of the aircraft traffic. Despite routine maintenance such as crack sealing the runway has developed signs of distress such as transitional cracking, apparent base failures, soft spots and asphalt bubbling. The runway was partially rehabilitated in 1986 and in 1996 was treated with a rejuvenator/sealer. Subsequent to this some "bubbling" formed that created a potential hazard and required milling and oveday work. Additionally the runway blast pads will be overlaid and, in response to FAA mandates, the runway 13 Iocalizer antenna will relocated outside of the runway safety area. Some mid-field drainage work will also be done in this project. FAA approved funding for this project is $3,760,378 from entitlement funds and $3,223,000 from discretionary funds. The FAA has programmed $873,972 from '05 entitlement monies and $4,042,933 from '05 discretionary monies to complete phase two of the project, which consists of adding 25 foot wide shoulders on the runway, replacing the runway lights and additional drainage work. It is planned to have the entire package (Phase 1 & 2) designed and ready to bid so that FY05 monies can be combined with those from this grant resulting in only one runway closure. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A FEDERAL AVIATION ADMINISTRATION ENTITLEMENT GRANT, GRANT #36, IN AN AMOUNT NOT TO EXCEED $8,218,378 FOR THE FOLLOWING PROJECTS: UPDATE AIRPORT MASTER PLAN STUDY; REHABILITATE RUNWAY 13/31, PHASE 1; ACQUIRE 1500 GALLON AIRCRAFT RESCUE & FIRE FIGHTING VEHICLE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a Federal Aviation Administration Entitlement Grant, Grant #36, in an amount not to exceed $8,218,378 for the following projects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase 1; Acquire 1500 Gallon Aircraft Rescue & Fire Fighting Vehicle. SECTION 2. If the grant is received, the City of Corpus Christi will comply with the grant requirements of the Federal Aviation Administration. A'I-FEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Chdsti APPROVEDthe By: ~ day of rke, Jr. r'r' t,~sistant City Attorney for City Attorney ,2004. ORDINANCE APPROPRIATING AN AMOUNT NOT TO EXCEED $8,218,378 FROM FEDERAL AVIATION ADMINISTRATION GRANT NO. 36 IN THE AIRPORT CIP FUND NO. 3020 FOR THE FOLLOWING PROJECTS: UPDATE AIRPORT MASTER PLAN STUDY; REHABILITATE RUNWAY 13/31, PHASE 1; ACQUIRE 1500 GALLON AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE; AMENDING FY 2003-2004 CAPITAL BUDGET TO INCREASE APPROPRIATIONS BY $8,218,378 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in an amount not to exceed $8,218,378 from Federal Aviation Administration Grant No. 36 is appropriated in Airport CIP Fund No. 3020 for the following projects: update Airport Master Plan Study; rehabilitate Runway 13/31, Phase 1; and acquire 1500 gallon aircraft rescue and fire fighting vehicle. SECTION 2. That the FY 2003-2004 Capital Budget adopted by ordinance number 025647 is amended to increase appropriations by $8,218,378_ SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May 20, 2004 Lisa Aguilar//~~f Assistant City'Attorney for City Attomey Samuel L. Neal, Jr. Mayor 8 CITY COUNCIL AGENDA MEMORANDUM May 25, 2004 AGENDA ITEM: Ordinance authorizing the City Manager or the City Manager's designee to execute a Use Agreement with P.A.L.S_ Fund, Inc. relating to construction and donation of improvements to Dan Whitworth Park ISSUE: Pdvate funds have been raised for construction of improvements to Dan Whitworth Park. The agreement will authorize P.A.L.S. Fund, Inc. a nonprofit corporation to begin construction of the improvements. The improvements should begin first week in June and be completed within approximately two months. REQUIRED COUNCIL ACTION: Approval of the ordinance. PREVIOUS COUNCIL ACTION: On January 27, 2004, presentation was made to City Council regarding proposed improvements to Dan Whitworth Park. On December 16, 2003, Council authorized renaming of Meadowbrook Park to Dan Whitworth Park. CONCLUSION AND RECOMMENDATION: Approval of the ordinance M~ose, Assistant City Manager Intedm Director, Park & Recreation ORDINANCE AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE A USE AGREEMENT WITH P.A.L.S. FUNDS INC. RELATING TO CONSTRUCTION AND DONATION OF IMPROVEMENTS TO DAN WHITWORTH PARK; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or the City Manager's designee is authorized to execute a Use Agreement with P.A.L.S. Fund, Inc. relating to construction and donation of improvements to Dan Whitworth Park, located at 701 Meadowbrook Drive. A copy of the agreement is attached. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ Approved: May 21,2004 Lisa Aguila~4~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor THE STATE OF TEXAS COUNTY OF NUECES Ueo l~.~ent Roi. at. lng to Construott. on and Donation o£ Tho Dan Nhitworth Pa~k Improvements THIS USE AGREEMENT RELATING TO CONSTRUCTION AND DONATION OF THE DAN WHITWORTH PARK IMPROVEMENTS ("Agreement") is made and entered into on this day of , 2004, by and between the P.A.L.S. I~OND (PARKS, ARTS, LEISURE AND SENIORS FUND), ("P.A.L.S.") Inc., a Texas nonprofit corporation, and the CIT% OF CO~PUS CHRISTI, ~-,~]%S, a municipal corporation ("CITY"). W I T N E S S ET H : WHEREAS, P.A.L.S.desires to use certain areas of City property known as Dan Whitworth Park to construct and donate to CITY Dan Whitworth Park Improvements ("Dan Whitworth Park Improvements"); and WHEREAS, CITY and P.A.L.S.are mutually desirous of entering into this Agreement for the benefit of the public; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained and subject to the terms and conditions stated in this Agreement, P.A.L.S. and CITY agree as follows: I. Term This Agreement shall commence on the date first written above and terminate upon completion of the Dan Whitworth Park Improvements described below by P.A.L.S. and their acceptance by CITY. The parties anticipate that the Dan Whitworth Park Improvements shall be completed within 3 months. II. Use of City's Propert~ In consideration of the construction of Dan Whitworth Park Improvements and donation thereof to CITY, CITY does hereby grant to P.A.L.S. during the term of this Agreement the use of certain areas of Dan Whitworth Park as indicated on the P.A.L.S. plans for construction of the Dan Whitworth Park Improvements ("CITY's property"). CITY grants use of CITY's property only for the construction of certain Dan Whitworth Park Improvements. A description of the Dan Whitworth Park Improvements is attached. P.A.L.S. agrees to maintain CITY's property in a sanitary, safe and clean condition during P.A.L.S. use of CITY's property. P.A.L.S. further agrees and covenants that CITY's property and any and all Dan Whitworth Park Improvements shall at all times be subject to inspection by CITY. However, the no duty to inspect. III. Construction of T-~.rovements City shall have During the term of this Agreement, P.A.L.S. shall construct the Dan Whitworth Park Improvements in accordance with this Agreement. When constructing the Dan Whitworth Park Improvements, the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to approval of the City Director of Engineering. P.A.L.S. shall require the Contractors who are awarded contracts for construction of the Dan Whitworth Park Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with CITY as an Obligee. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the Contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with CITY as an Obligee. Except as otherwise specified herein, P.A.L.S. shall include in all P.A.L.S. construction agreements for the Dan Whitworth Park Improvements, the following provisions: Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless CITY and all of its officials, officers, agents and in both their public and private capacities, from and against any and all liability, claims, losses, suits, demands or causes of action includiug all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, ~-m-ge to, or loss of use of any property occasioned by error, o~ission, or negligent act of Contractor, its officers, agents, -m~.loyees, subcontractors, invitees or any other person, arising out of or in connection with the (2) l~rfozm~.nca of e~,ts agr~nt, and Contractor shall at; his or her o~n cost and expense defend and protect the Cltl/' o£ Corpus Chr£sti f,'o~ ~ny end al. 1 such elai,-a and de~ ncls. Contractor does hereby agree to waive all claims, release, ind~mni£y, defend and hold harmless the City of Corpus Christi and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, d~m~-ds or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, ~amages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such in~m-ity shall apply whether the claims, losses, ~-m~ges, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi, its officers, officials, agents or ~m?loyees. It is the express intention of the parties hereto that the ind~m,ity provided for in this paragraph is indemnity by Contractor to ind~m~ify and protect the City of Corpus Christi from the consequences of the City of Corpus Christi's own negligence, where that negligence is a sole or concurring cause of the injury, death or ~m*ge. In any and all claims against any party ind~m~ified hereunder by any employee of Contractor, any subcontractor, ~nyone directly or indirectly -m~loyed by any of them or anyone for whose acts any of th~ ~ay be liable, the ind~nification obligation herein provided shall not be ~ted in an~ way by any l~m~tation on the amount or type of ~-m-ges, compensation or ~anefits payable b~ or for Contractor or ~ny subcontractor under workmnn's compensation or other employee benefit acts. Except as otherwise specified herein, P.A.L.S. shall also require the contractors, in all P.A.L.S. construction agreements for the Dan Whitworth Park Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the Dan Whitworth Park Improvements the following language: (3) Prior to commencement of any activity permitted on City of Corpus Christi's property, provided in the Use Agreement Relating to the Construction and Donation of the Dan Whitworth Park Improvements entered into on day of , 2004, between the P.A.L.S. and the City of Corpus Christi, or this contract, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to coramence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $100,000·00 for each accident, $100,000·00 disease for each employee, $500,000.00 disease as policy limit. Commercial General Liability Insurance, including Independent Contractor's Liability, Products/Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The Contractor shall purchase a completed value builder's risk policy for the duration of this project. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: Be written with the City of Corpus Christi and P.A.L.S. each as an additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of (4) Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. Provide for ten (10) days notice of cancellation to the City of Corpus Christi, for nonpayment of premium, material change or any other cause. Be written through companies duly authorized to transact that class of insurance in the State of Texas. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. Provide a Certificate of Insurance evidencing the required coverages to: Margie Rose Assistant City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 Donna James Risk and Safety Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 P.A.L.S. agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first-class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to CITY inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. P.A.L.S. shall discharge all obligations to contractors, subcontractors, materialmcn, workmen and/or other persons for all work performed and for materials furnished for or on account of P.A.L.S. as such obligations mature. P.A.L.S. expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any Dan Whitworth Park (5) Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the CITY's property or Dan Whitworth Park Improvements thereon, and P.A.L.S. will discharge any such lien within thirty (30) days after notice of filing thereof. Ail plans and specifications referred to above and all construction upon the CITY's property shall comply with all applicable federal, state or municipal laws, ordinances, rules, regulations and requirements. During the progress of all work, CITY's duly authorized representative may enter upon the premises and make such inspections as may be reasonably necessary for the purpose of satisfying CITY that the work or construction meets the requirements or standards. P.A.L.S. shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. Before any work on City property begins, P.A.L.S. shall present the City Director of Engineering, the City Risk Manager, and the Interim Director of Parks and Recreation with evidence of Contractor's insurance coverages, and City building and construction permits. IV. Cost of Dan Whitworth Park Improvements The complete cost of developing all necessary plans and specifications, as provided in this Agreement, and the cost of construction of the Dan Whitworth Park Improvements by P.A.L.S. shall be borne solely by P.A.L.S. and be at no expense to CITY whatsoever. P.A.L.S. shall pay all taxes, special assessments, or levies, if any, assessed during the term against or relating to the Dan Whitworth Park Improvements on CITY's property, including ad valorem taxes pursuant to the Texas Property Tax Code, until such time as ownership of such Dan Whitworth Park Improvements is transferred to the CITY at the end of the term of this Agreement. V. Ownershi~ of Dan Whitworth ~ark ?~provements Upon completion of the Dan Whitworth Park Improvements, it is P.A.L.S. desire to donate the Dan Whitworth Park Improvements to CITY. All alterations and Dan Whitworth Park Improvements on or in CITY's property at the commencement of the term, or those that may be installed or erected during the term, shall become part of (6) CITY's property upon completion of the Dan Whitworth Park Improvements by P.A.L.S. and acceptance by CITY Manager. warranties given Improvements, or assigned to CITY Improvements are Any to the P.A.L.S. regarding Dan Whitworth Park any part thereof, shall be transferred and at the same time as the Dan Whitworth Park transferred to the CITY. VI. Ingress and Egress P.A.L.S. shall have the right to obtain ingress and egress to and from the area designated for construction of the Dan Whitworth Park Improvements in Dan Whitworth Park by means of all existing roadways or accessways, to be used in common with others having rights of passage thereon. VII. Damage or Destruction In the event of damage or destruction to the Dan Whitworth Park Improvements, CITY shall have no obligation to repair or rebuild the Dan Whitworth Park Improvements or any fixtures, equipment or other personal property installed by P.A.L.S.. However, if said damage or destruction occurs prior to CITY's acceptance of the Dan Whitworth Park Improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the Dan Whitworth Park Improvements, which will be the extent of the P.A.L.S.'s obligation for repair. VIII. Indemnification To the extent that the P.A.L.S. is not immune under the Charitable Tmmunity and Liability Act of 1987, V.T.C.A., Civil Practice and R~edies Code § 84.006, P.A.L.S. does hereby agree to waive all claims, release, indemnify and hold harmless CITY and all of its officers, officials, agents, and employees, in both their public ~nd private capacities, from ,ny and all liability, claims, suits, demands, losses, ~*m-ges, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injur~ to or death of ~ny person or for loss of, ~mage to, or los8 of us~ of property, arising out of or in connection with this Agreement occasioned by error, omission, or negligent act of P.A.L.S., its officers, agents, ~mloyees, invitees, or other person for whom it is legally liable, with regard to the performance of this Agreement. In addition, P.A.L.S. does hereby agree to waiv~ all cla~m~, release, inde~unify, defend and hold harmless CITY and all of its officers, officials, agents, and employees, in both their public and priv&te capacities, from any and all limbility, cl&ims, suita, de~ande, losses, damages, attorney's fees, including expenses of litigation or settlement, or causes of action which (7) m~y a~ise b~ reason o£ in'~uz~ to or d~at~h o£ ~n~ P.&.~..S. emplc~ or volun~z: or £or loss of, dss, age to, or los,~ o£ use of ~.ny property of any P.A.L.S. A-.-~. 1oyes or volunteer, arising out of or in connection with the performance of this Agreement. This indAmnification by P.A.L.S. shall include, but not be limited to liab~lit-y arising from worker's com~ensation and general liability claims. IX. Rules and Requlations, Signage and Development Standards P.A,L.S. agrees to observe and obey any and all rules and regulations and all other federal, state and municipal rules, regulations, ordinances and laws, including but not limited to the impact fees, subdivision rules and regulations, zoning, landscape standards and the construction sections of the Code of the City of Corpus Christi, and require its officers, agents, employees, contractors, and suppliers to observe and obey the same. Signage shall comply with CITY ordinances. P.A.L.S. agrees to obtain, from all governmental authorities having jurisdiction, all licenses, certificates and permits necessary for the conduct of its operations and to keep them current. K. Utilities If any utilities are required, needed or desired by P.A.L.S., P.A.L.S. shall bear all costs, expenses and fees of extension connections or tapping charges for water and sanitary sewer facilities on CITY's property, in accordance with the ordinances of the CITY. Any storm sewer connection on the CITY's property necessitated by the erection of additions to or Dan Whitworth Park Improvements to or upon the CITY's property in order to provide for drainage will be the responsibility of P.A.L.S.. P.A.L.S. shall, at its expense, also make arrangements for the installation or connection of whatever private utilities it may desire or need in connection with the construction of the Dan Whitworth Park Improvements to CITY's property. P.A.L.S. acknowledges that CITY is not responsible for providing utility service to P.A.L.S.. Any construction performed by P.A.L.S. within any utility easement area must meet utility company and CITY criteria for design and construction in such easement area. Any and all connections to water and sewer lines must occur at the existing utility connection points, unless otherwise agreed to in writing by CITY. All costs incurred with any relocation of existing utility lines or facilities or installation of additional utility lines or facilities shall be entirely at ?.A.L.S.'s expense whether on or off the CITY's property. XI. Default If at any time during the term of this Agreement, P.A.L.S. shall fail to commence the work in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement, or fail to use an adequate number or quality of personnel or equipment to complete the work or fail to perform any of its obligations under this Agreement, then CITY shall have the right, if P.A.L.S. shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement and may complete the work in any manner it deems desirable, including engaging the services of other parties therefor. Any such act by CITY shall not be deemed a waiver of any other right or remedy of CITY. XII. Independent Contractor P.A.L.S. covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of CITY; that P.A.L.S. shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and P.A.L.S., its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and P.A.L.S.. In addition, P.A.L.S. covenants and agrees that the employees and volunteers of the P.A.L.S. participating in the construction of the Dan Whitworth Park Improvements, or participating in any other activity arising under or related to this Agreement, are solely employees and volunteers of the P.A.L.S. and they are not employees or volunteers of the CITY nor are they under the control, supervision, or administration of the CITY. P.A.L.S. shall require all employees and volunteers participating in the construction of the Dan Whitworth Park Improvements, or participating in any other activity arising under or related to this Agreement, to execute a disclosure statement, prior to their participation, acknowledging that they are solely employees and volunteers of the P.A.L.S. and that they are not employees or volunteers of the CITY, nor under the control, supervision or administration of the CITY. XIII. Successors and Assigns CITY and P.A.L.S. shall bind themselves, their successors, executors, administrators and assigns to the other party to this Agreement. Neither CITY nor P.A.L.S. will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of CITY. XIV. Applicable Law (9) This Agreement is entered into subject to the charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Federal and State laws. P.A.L.S. will make any and all reports required in accordance with Federal, State or local law. XV. R~m~d_tes No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XVI. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Entire Agreement This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. XVIII. Notices Ail notices or communications required under this Agreement or desired to be given by the parties hereto shall be sent in writing, and shall be deemed sufficiently given when same is hand delivered or deposited in the United States mail, sufficient postage prepaid, registered or certified mail, return receipt requested, addressed to the recipient at the address set forth below: Margie Rose Assistant City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 P.A.L.S. Fund Inc. 1201 Leopard (10) Corpus Christi, Texas 78401 IXX. Non-Waiver It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein no way constitute a waiver thereof. No Third Party Beneficiary shall in For purposes of this Agreement, including its intended operation and effect, the parties (CITY and P.A.L.S.) specifically agree and contract that: (1) the Agreement only effects matter/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY or P.A.L.S. or both; and (2) the terms of this Agreement are not intended to release, either by contact or operation of law, any third person or entity from obligations owing by them to either CITY or P.A.L.S. XXI. Procurement of Goods end Services from Corpus Christi Businesses In performing this Agreement, P.A.L.S. agrees to use diligent efforts to purchase all goods and services from Corpus Christi businesses whenever such goods and services are comparable in availability, quality and price. ~XII. Venue The parties to this contract agree and covenant that this contract will be enforceable in Corpus Christi, Texas; and that if legal action is necessary to enforce this contact, exclusive venue will lie in Nueces County, Texas. XXIII Amendments The City Manager is authorized to execute amendments to this agreement which do not change the essential purpose of the agreement. XXIV. Head/ngs The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. (11) P.A.L.S. BY Signature Typed or Printed Name Typed or Printed Title CIT~ OF COR~US CHRISTI, TEXAS BY George K. Noe City Manager ATTEST: ARMANDO CHAPA, City Secretary APPROVED AS TO FORM: day of May, 2004 BY (12) THE STATE OF TEXAS COUNTY OF NUECES P.A.L.S. BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of P.A.L.S., and as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2004. My Commission Expires Notary Public In and For The State of Texas Notary's Printed Name THE STATE OF TEXAS COUNTY OF NUECES City of Corpus Christi Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared George K. Noe, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF CORI~US CHi~XSTI, TEX~S, a municipal corporation of Nueces County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the , 2004. day My Commission Expires Notary Public In and For The State of Texas Notary's Printed Name (13) 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 25, 2004 AGENDA ITEM: An Ordinance amending The Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon Runways, Ramps, Taxiways, etc; providing for severabili[y; providing for cdminal penalLies; providing for publication and establishing an effective date. ISSUE: Sec[ion 9-32 of the Code of Ordinances deals primarily with airport security and was written under guidelines established by the Security Division of the Federal Aviation Administration (FAA). Regulatory authority for airport security has since been delegated through the Department of Homeland Secudty to the Transportation Security Administration (TSA). This amendment updates the City's Code of Ordinances to comply with requirements and terms currently mandated and in use by the TSA. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: Council has previously amended this Ordinance on July 19, 1966 and July 26, 1994. FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board recommended approval of Ordinance during their meeting held on April 21, 2004. Staff recommends approval of the Ordinance as presented. ,c)'~.~ .. ~',~ Department Head Signature Attachments: Exhibit A: Background BACKGROUND INFORMATION The airpor['s security program was originally regulated by the Security Division of the Federal Aviation Administration (FAA). Subsequent to 9/11 the authority to administer airport securi[y was delegated to the Transportation Secudty Administration through the Depadment of Homeland Security. Sec. 9-32 of the Code of Ordinances deals primarily with Airport Security and for the sake of compliance and consistency needs to be updated to coincide with published federal directives. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 9, AVIATION, SECTION 9-32, TRESPASS UPON RUNWAYS, RAMPS, TAXlWAYS, ETC; PROVIDING FOR SEVERABILITY; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 9, Aviation, Section 9- 32, is herebv amended as follows: Sec. 9-32. Trespass upon runways, ramps, taxiways, etc. Ii shall be unlawful for any person or vehicle to go onto, upon or across the runways, ramps, taxkYays or the service area bohvoon such runways, ramps or taxiways at the Corpus Christi Intomational Airport when such person hac no legitimate or lawful right to enter such area. The term "legitimate or lawful dght" shall apply to tho¢,o persons authorized to go onto, upon or across such areas by reason of their official duties in connection with the maintenance, inspection or opcration of the aircraft, airport or facilities thereon ac cot forth below. (1) Application of provisions. The rules and regulations in this section apply to all persons on the airport, including premises which are outside the airline terminal building and are leased to and in the exclusive possession of others. Entry of any person into the airport shall bc conditioned upon compliance with this scction and the entry shall bo deemed an agreemcnt by the person entering to comply thcrewith. (2) All areas of the airport except those areas open to tho public are restricted and no person shall enter upon the landing areas, taxkvayc, ramp areas, aircraft parking and storage areas, or hangars of the airport except: a. Persons assigned to duty therein. b. Authorized representatives of an FAA approved federal agcncy. c. Persons authorized by the director of aviation or designee. d. Passengers under appropriate supervision entedng the ramp areas for the purpose of enplaning and deplaning. e. Persons engaged, or about to be engaged, or having boon engaged, in tho operation of any aircraft. LaudeLA~John Bun~e\Ordinances~Airpor[ Trespass Ila (3) Air operations area/security identification display area responsibilities. (SIDA) a. All persons, including, but not limited to, certificated airline carriers, a~r cargo operators, fixed base operators, and othcr engaging in activities at the Corpus Chdsti International Airport, having control by lease or otherwise, over areas within the air operations area/SIDA or over areas which permit acc, ocs to the air operations area/SIDA, shall bo responsible for the following: 1. Controlling access to the air operations area/SIDA, including methods for preventing tho entry of unauthorized persons and ground vehicles, through any area over which such person has control. 2. Promptly detecting the intrusion or attempted intrusion of unauthorized persons and ground vehicles through oontrollod areas into tho air operations area and promptly notifying an airport public safety offcor, orally either in person or by telephone of such intrusion or attempted intrusion. 3. For the purpose of this section, the air operations area means the runways, taxiways, and other areas of the Corpus Chdsti International Airport which are used for taxiing or hover taxiing, take off and landing of aircraft, including aprons, loading ramps and aircraft parking areas and all areas enclosed by perimeter fencing and structures into which unrestricted access is prohibited. 4. For the purpose of this section, the security identification display area (SIDA) ic tho area which requires each person to continuously display, on their outermost garment, an airport approved identification medium unless under approved escort. b. Authorized persons; responsibilities. 1. Any person who has authority to cnter the air operations area and who permits any pert, on to accompany him or her shall be responsible for ensuring that such person remains accompanied by an authorized person at all times while in'thc air operations area. 2. Any person entering or exiting the air operations area shall ensure that any door or gate through which passage ic made is properly closed and secured after such passagc and shall promptly notify an airport public safety officer if such door or gate does not close and secure properly. Compliance with this section may bo accomplished by notifying the airport public safety officer orally, either in person or by telephone. c. Penalty. Any person who intentionally, recklessly or negligently fails to discharge the responsibilities set forth in subsections (3)a., (3)b., (3)f., (3)h., (3)i. of this section shall bo guilty of a misdemeanor and shall be fined up to five LauneLA~ohn Burke\Ordinances~Ai~ort Trespass.lla hundrod dollars ($500.00) and each day such violation shall continuo or bo permittod to exist shall constituto a separate offense. d. FAA violation; responsibility. In any case in which the Fodoral Aviation Administration accosses a civil penalty against tho violation of Foderal Aviation Regulations Pad 107, occurring on or through any area undor tho control of a person at tho Corpus Christi International Airport or as a result of a violation of subsection b.1. and b.2. of this section, the Corpus Christi International Airport shall be reimbursed by thc person whose act or failure to act caused the violation resulting in tho civil penalty or by the tenant or pomon whose employeo, agent, servant, or indepondent contractor caused tho violation resulting in the civil o. Airport socurity program. All porsons, tenants, visitors, and omployoos of tho city are roquirod to comply with all applicable portions of the airport security program as approvod by Unitod States govomment authorities (Titlo 14, Codo of Federal Regulations, Part 107). Any penaltios levied against the city by tho FAA as a result of an airport tenant's failure to comply with the airport security program will be assessed against that tenant and that tenant will pay for tho full amount of tho pcnalty within thirty (30) days of rocoipt of oity's invoice. f. No person shall disongage, disable or disconnoct any alarm on any door, wall, window or space whon such an alarm has been sot by tho authority of thc aviation director or by the tenant exercising contractual or proprietaW control. g. Circumvcntion of screening. No porson oxcept a person otherwiso lawfully exempt from the screoning process pursuant to Federal Aviation Regulation Part 1. Introduce any item, package, object, or device into a storile area without first submitting such item, package, objoct or dovioe to appropriate persons at a screening point controlling entW into such sterile area. 2. Bofore entry into a sterile area, fail to comply with a screening process designed to detoct woapons and explosives in compliance with United States govornment laws and rogulations. h. Identification card display required. 1. No porson shall entor into or bo in an air operations area, SIDA area, or a storile area without having displayed to tho extent practical on the front outermost layer of his/her garments a vapid and current identification card issued by the aviation director or dosignee and which authorizes bearer access to area he/she is ontering or is in. LauneLA~John Burke\Ordinances~Airport Trespass.lla 2. It is an affirmative defense to prosecution under this ~,oction that the person charged was a police officer, firefighter, or medical personnel responding to a verifiable emergency. 3. All persons having boon issued an airport identification badge, key, or other media allowing access to the air operations area shall immediately report its loss/destruction to an airport public safety officer. This initial report may bo either in person or by telephone and must be supplemented within twenty four (2'1) hours by a writtcn explanation describing tho circumstance of the loss/destruction. No person shall use/display any such media which has been report lost/destroyed. Section 9-32. Trespass upon restricted areas of the airport. (a) Application of provisions. The rules and requlations in this section apply to all persons on any municipal airport and all premises on airport property, includinq those areas that are leased to and in the exclusive possession and under the exclusive control of others Entry of any person onto the airport property shall be conditioned upon compliance with this section, and the entry shall be deemed an aqreement by the person entedn.q to comply therewith. (b) Definitions. The definitions of the terms that follow shall apply to this section: (1) Air Operations Area (AOA) means all aircraft movement areas, aircraft parkinq areas, Ioadinq ramps, safe~ areas, and all other areas, except the secured area, enclosed by perimeter fencinq and structures into which unrestricted access is prohibited at any municipal airport. (2) Ground vehicle means any vehicle, other than an aircraft, desiqned or used to transport persons or property from one point to another. (3) Movement area means the runways, taxiways, and other areas of any municipal airport which are used for taxiinq or hover taxiinq, air taxiinq, takeoff, and landinq of aircraff, exclusive of Ioadinq ramps and aircraft parkinq areas. (4) Non-movement area means all other areas of the AOA of any municipal airport that is not a movement area. (5) Secured area means any part of any municipal airport where access is controlled by certain measures required by Title 49, Code of Federal Requlations, Part 1542, as described in the Airport Secudty Proqram approved by the Transportation Security Administration (TSA). (6) Security Identification Display Area (SlDA) means any part of any municipal airport in which each person is required to continuously display, on the outermost qarment and above the waist, an unexpired airport- approved or airport-issued identification medium, unless under approved escort. (7) Sterile area means the areas of the terminal of any municipal airport to which access is controlled by an aircraft operator or the TSA throuqh the screeninq of persons and property. LaudeLA~John Burke\OrdinancesV~,irpod Trespass Ila 4 (c) Airport safety responsibilities. (1) No person may enter any movement area or non-movement area without pdor permission from the Director of Aviation. Any person leqall¥ and lawfully enqaqed in the operation of an aircraft may enter the movement area without the prior permission of the Director of Aviation, except for those areas of the movement area which the Director of Aviation has closed to aircraft operations. (2) Any person who enters, or moves within, the movement area must be in radio contact with the Air Traffic Control Tower (ATCT) on the radio frequency desiqnated by the Federal Aviation Administration (FAA), and must comply with ATCT instructions while in the movement area, in accordance with the Airport Certification Manual approved bv the FAA and all Letters of Aqreement between the City and the FAA. (3) Each person in the movement area or non-movement area shall qive the dqht-of-wav to all aircraft and emerqencv response vehicles. (4) It shall be unlawful to operate a vehicle at a rate of speed qreater than 15 miles per hour in the non-movement area. (5) Any person who operates a vehicle in the movement area or the non- movement area must comply with the operatinci rules set forth, and as may be amended from time to time, bv the Director of Aviation. (6) It shall be an affirmative defense to prosecution under this paraqraph if the person charqed is an emergencv response official on duty and respondinq to an actual or simulated airport emergency. (d) Airport security responsibilities. All persons to whom access authority to non- public areas of the airport has been (~ranted are required to comply with all applicable portions of the Airport Security Proqram as approved bv the TSA (Title 49, Code of Federal ReClulations, Part 1542). Any penalties levied against the Citv by the TSA as a result of a person's failure to comply with the Airport Security Proqram approved by the TSA will be assessed against that person, and that person will pay for the full amount of the penalty within thirtv (30) davs of receipt of the City's invoice. (1)Air Operations Area, Secured Area and Security Identification Display Area (SIDA) a. It shall be unlawful for any person to enter the AOA, secured area or the SIDA without prior permission from the Director of Aviation or the TSA, unless that person is a pilot transitinq directly between his or her aircraft and an airport buildinq or that person is a passenqer enplaninq or deplaning an aircraft under the supervision of the aircraft operator. b. It shall be unlawful for any person to whom an access device to the AOA or secured area has been given by the Director of Aviation to allow another to use that device to enter or exit the AOA or secured area. c. It shall be unlawful for anv person to use any device other than that which was issued by the Director of Aviation to that person to enter or exit the AOA or secured area. Laur~eLA~John Burke\OrdlnancesV~Jrpo~l Trespass Ila $ d. It shall be unlawful for any person who has been issued an access device by the Director of Aviation to enter or exit the AOA or secured area without usin(~ that device. e. It shall be unlawful for any person to enter or exit the AOA or secured area without usin¢l the desi(~nated access device, unless that person is beincl escorted by another who has been qiven permission bv the Director of Aviation to be in the AOA or SIDA and who has been cliven permission by the Director of Aviation to escort him or her. f. Each person who uses a door or qate to enter or exit the AOA or secured area shall ensure that the door or clare throuclh which passaqe is made is propedy closed and secured after such passaqe. If a door or elate fails to properly close the person accessing shall promptly notify an airport public safety officer if such door or qate does not close and secure properly. This notification recluirement may be accomplished by notifyinq the airport public safety officer orally, either in person or by telephone. g. Each person who has access to the AOA, secured area, or SIDA shall remain only in those portions of the AOA, secured area, or SIDA for which the Director of Aviation has authorized access. h. Any person who has been issued an airport identification or access device shall immediately report its loss or destruction to an airport public safety officer. This initial report may be either in person or by telephone and must be supplemented within twenty-four ('24) hours bv a wdtten affidavit describincl the circumstances of the loss or destruction. i. No person shall use or display any airport identification or access device that has been declared loss or destroyed by the person to whom it was issued. j. Any person to whom control or authority over any part of any AOA, secured area or SlDA has b, ccn qranted shall: (1) Control access to the part of the AOA, secured area, or SIDA over which he or she has been qiven authority by preventinq the entry of unauthorized persons and qround vehicles into any part of the AOA, secured area, or SIDA he or she has been qiven control or authority, and (2) Promptly detect the intrusion or attempted intrusion of unauthorized persons and qround vehicles into the AOA, secured area, or SIDA, and then promptly notify an airport public safety officer orally, either in person or by telephone, of such intrusion or attempted intrusion. k. Any person who has authority to enter the AOA, secured area, or SIDA and who permits another to accompany him or her shall be responsible for ensurinq that such person remains accompanied by an authorized person at all times while in the AOA, secured area, or SIDA. I. It shall be unlawful for any person to disen.qacle, disable, or disconnect any alarm on any door, wall, window, or space when such an alarm Laur]eLA~John Burke\Ordinances~Airpor[ Trespass.lla has been set by the authority of the Director of Aviation or by the person exercisinq contractual or proprietary control. (2) Sterile Area. a. It shall be unlawful for any individual to enter the sterile area without first subm~inq to the screeninq and inspection of his or her person and accessible property, in accordance with the procedures of the TSA or an aircraft operator's TSA-approved security pro~rarn, unless otherwise approved by the Director of Aviation or the TSA. b. It shall be unlawful for any person to introduce into the sterile area, or possess in the sterile area, any item that is prohibited by the TSA for cardaqe aboard an air carrier aircraft. (3) It shall be an aff~rmative defense to prosecution under this paragraph if the person charcled is an emerqency response official on duty and respondinq to an actual or simulated airport emerqencv. (e) Penalty. Any person who intentionally, recklessly, or neciliqentlv fails to discharqe the responsibilities set forth in this section shall be quiltv of a misdemeanor and shall be fined up to five hundred dollars ($500.00). Each day such violation shall continue or be permitted to exist shall constitute a separate offense. (f) TSA or FAA Violation. In any case in which the Transportation Security Administration or the Federal Aviation Administration assesses a civil penalty a~ainst the City for violation of Transportation Security Reciulations (Title 49, Code of Federal Requiations, Parts, 1500, et al) or Federal Aviation Requlations (Title 14, Code of Federal Requlations, Part 139) occurdnq on or throuqh any area under the control of a person at any municipal airpod, or as a result of a violation of this section, the City shall be reimbursed by the person whose act or failure to act caused the violation resultinQ in the civil penalty or by the tenant or person whose employee, aqent, servant, or independent contractor caused the violation resultinq in the civil penalty. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance. This ordinance shall become effective upon such publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision 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. LaurieLALIohn Burke\Ordinances~Airport Trespass.lla 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2004, 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 Bill Kelly APPROVED AND PASSED on this 2004. ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of A'I-FEST: Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the !? day of /~U/ 2004. / · Burke, Jr. J~ ' I, Assistant City Attorneyv LaudeLA~John Burke\OrdinancesV~,irport Trespass.lla 10 CITY COUNCIL AGENDA MEMORANDUM May 19, 2004 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, Section 2-311, Standards, Provisions for former employees, Subsection 21; providing for severance, and providing for publication ISSUE: Current ordinance provides that former employees may not, within twelve months of leaving city employment, represent any other person or organization in appearance with city council or staff concerning a project that the employee had responsibility as an employee. This provision may hinder interaction between the outsourced convention center contractor (which employs former city employees) and city staff, causing less efficient administration of city affairs. The proposed amendment would allow exceptions to this provision, upon recommendation of City Manager and approval of Ethics Commission. The Ethics Commission approved this amendment at its meeting on May 6, 2004. REQUIRED COUNCIL ACTION: Approval of the ordinance as amended PREVIOUS COUNCIL ACTION: The Code of Ethics was last amended on January 27, 2004. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approval of the ordinance as amended. M a/~ay~ch e r City Attorney AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 'FVVO, ARTICLE V, CODE OF ETHICS, SECTION 2-311, PROVISIONS FOR FORMER EMPLOYEES, SUBSECTION 21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter Two, Article V, Code of Ethics, Section 2-311, Standards, is amended to read as follows: Sec. 2-311. Standards. "Provisions for employees: "(20) As an employee you shall not have an interest in any contract with the city. "(21) Unless previously recommended by the City Manaqer, and approved by the Ethics Commision, as As an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 4. This ordinance shall take effect upon publication. SECTION 5. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2004. May 200~ Chapter 2 amd. DOC 2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: May 19, 2004 Lisa Aguilar ~,/ Assistant City Attorney For City Attorney May 2004 Chapter 2 amd. DOC 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 25, 2004) Case No.: 0304-06, Shoreline Oaks: A change of zoning f~om a "T-lB" Manufactured Home Park Dislrict and "B-4" General Business District to a "R-lC" One-family Dwelling Dis~ict. The property is in Flora Bluff and Encinal Farm and Garden Tracts, Sechon 40, being 14.763 acres out of Lot 7, and being 5.509 acres out of Grecntxec Recreational Vehicle Park Unit 1, located south of the Division Road extension and west oF Flour Bluff Drive. Planning Commission and Staff's Recommendation (04/21/04): Approval. Requested Council Action: Approval of the "R-lC" One-fanuly Dwelling Disthct and adoption of the attached ordinance. Purl~ose of Request: Development of a 92-1ot stngle-£armly subdivision. · Applicant requesting "R-lC" One-family Dwelling District in order to develop 92 single-family lots (Phase 1 of Shoreline Oaks attached). · Development will have access to Flour BluffDrive, a designated arterial, on the east and to Holly/Division Road, a designated arterial, on the north. · The requested "R- 1C" Dislxict will decrease the potential residential density from 12 umts per acre in the "T-lB" District and 36.30 un/ts per acre in the "B4" Dis~ct to 7.26 umts per acre. · Approval o£ the requested "R-1C" District will change the Flour Bluff ADP's land use designation to a lower intensity classification. Aplflicant's Position: The applicant concurs with Plannmg Cormmssion and Staff's recommendation. Notification: Of the 12 notices nkailed to the surrounding property owners, none were retrained in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial. . Assistant Director of Development Services MG/MSS/er Attachments: 1) Zoning Report 2) Planning Commtssion Minutes 3) Ord.inance H 5P LN-DIR~ERMA\WO ItD~AGEN DM EM~004~03044}6A GENDAMEMO DOC CZTY COUNCZL ZONING REPORT Case No.: 0304-06 Planning Commission Hearing Date: April 21, 2004 Applicant: Shoreline Oaks Owner: Same as applicant Agent: Urban Engineering (Eugene C. Urban, Jr.) Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 40, being 14.763 acres out of Lot 7 and being 5.509 acres out of Greentree Recreational Vehicle Park Unit 1, located south of the Division Road extension and west of Flour Bluff Drive. From: "T-lB" Manufactured Home Park District and "B-4" General Business District ~ *~ To: "R-1C" One-farmly Dwelling District 'Z ~. Area: 20.272 acres tN ~ Purpose of Request: Develop the subject property with Phase 1 of the Shoreline Oaks Subdivision that will contain 92 single-family lots. Zoning Existing Land Use Future Land Use Mobile homes & general Site "T-lB" & "B-4" Undeveloped land commercial Medium-density multi- North "A-I' & "R-lB" Undeveloped land family Medium-d~nsity single- South "R-lB" & "B-4" Undeveloped land family & general commercial East "I-2" & "B-4" Con.actor's yard, retail Light industrial & general sales and vacant land commercial Wext "T-lB" Undeveloped land Mobile homes Area Development Plan: The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with manufactured home and general commercial uses. An amendment to the future land use map is required to allow the proposed single- family development. Map No.: G18C (102-15) Zoning Violations: None Zoning Report Case No. 0304-06 (Shoreline Oaks) Page 2 Applicant requesting "R-lC" One-family Dwelling District in order to develop 92 single- family lots (Phase 1 of Shoreline Oaks at~ached). Development will have access to Flour Bluff Drive, a designated arterial, on the east and to Holly/Division Road, a designated arterial, on the north. · The requested "R-lC" District will decrease the potential residential density from 12 units per acre in the "T-lB" Dislrict and 36.30 units per acre in the "BM" District to 7.26 units per · Approval of the requested "R-lC" District will c~f~e the Flour BluffADP's land use designation to a lower intensity classification Street Type Paved Section Volume (2000 95-foot ROW with 64-foot Flour Bluff Dfve Arterial back-to-back paved section 9,750 vpd Holly/Division Road Arterial 100-foot ROW with 70-foot N/A back-to-back paved section Since the requested "R-1C" District is a district that allows lower intensity uses than the planned manufactured home park and commercial district, the request is consistent with the Flour Bluff ADP's recommended land use. The "R-lC" District will have a less of an impact on the area's infrastructure. Approval of the "R-lC" District Approval of the "R-1C" Dislrict. Zoning Report Case No. 0304-06 (Shoreline Oaks) Page 3 ~ Notices Mailed - 12 ~.;~ Favor - 0 Opposition 0 Attachments: Zoning Map Preliminary Shoreline Oaks H:~P LN-DIR~ERMA\WORD~ZONRPTS~2004x03044)6CCREPORT.DOC R-2 A-1 A-2 T-lB ~EE FLOUR BLI R-lB & ENCINAL FARM & G EL RECUERDO B-4 A-1 03-05-04/AS Case Z0304-06 Notice Map NORTH ~1o 9 planning commission Minutes April 21, 2004 ZONING New Zoning a) 0304-06- Shoreline Oaks REQUEST: Change of zoning from"T-lB" Manufactured Home Park Distrct and "B4" General Business District to "R-lC" One-family Dwelling District to develop the subject property with Phase I of the Shoreline Oaks Subdivision that will contain 92 single-family lots. Mr. Miguel Saldafia, City Planner, displayed graphics of the subject property and the surrounding area. The zoning report and rope recording are on file. He stated that there were 12 notices mailed. None were received in favor or in opposition. Excerpts from Zoning Report Development will have access to Flour Bluff Drive, a designated arterial, on the east and to Holly/Division Road, a designated arterial, on the north Chairman Berlanga opened the public heating. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Zamora and seconded by Salazar to recommend approval. Motion was passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SHORELINE OAKS, BY CHANGING THE ZONING MAP IN REFERENCE TO 14.763 ACRES OUT OF LOT 7, SECTION 40, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND 5.509 ACRES OUT OF GREENTREE RECREATIONAL VEHICLE PARK UNIT 1, FROM "T-lB" MANUFACTURED HOME PARK DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "R-tC" ONE-FAMILY DWELLING 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 Shoreline Oaks, 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, April 21, 2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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; WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 14.763 acres out of Lot 7, Section 40, Flour Bluff and Encinal Farm and Garden Tracts and 5.509 acres out of Greentree Recreational Vehicle Park Unit 1, located south of Division Road extension and west of Flour Bluff Drive, from ~I'-IB" Manufactured Home Park District and "B-4" General Business District to "R-lC" One-family Dwelling District, as shown on the attached Exhibit. (Map G18C) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, 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 :~-EG-DI R"JOS E P H'~ZO NING -04~Z030406A 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 25~h day of May, 2004. ATrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED 2004 By: Joseph Hamey Assistant City Attorney For City Attorney H :~_EG-DIR',J OSEP H~_ONIN G~04~.03040~A. DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2004 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 H:~EG-DI R',JOS E P H~_ONIN G-O4~_030406A.DOC URBAN ENGINEERING P.O, §OX O&50 , CORPUS CHrdS'l'l, TE3~5 JOB 'NO. 23808.A3.00 MARCH 23. 2004 F/L~, (3bl)B54~001 RE-ZONING STATE OF TEXAS COLTNTY OF NUECES FIELDNOTES for the re-zoning of an ] 8.621 acre tract of land (not based on an on-the- ground survey) out of the Greentree Recreational Vehicle Park Unit 1, a map of which is recorded in VoLume 40, Page 160, Map Records of Nueces County, Texas; out of Lot 7, Section 40, Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41- 43, Map Records of Nueces County, Texas; and a portion of'Pm'due Road, a 30 foot wide public roadway, as shown on the recorded map of said Greentree Recreational Vehicle Park Unit l; said 18.621 acres of land being for fully described by metes and bounds as follows: BEGINNING at point on the south boundary of said Purdue Road, same being the north boundary o[~Lot 14, Section 40, said Flour Bluff'and Encinal Farm and Garden Tracts, from which point the westerly intersection of said Purdue Road and ]:lout BlutTDrive, an B0 foot wide public roadway, bears South 61'27'$0" East, a distance of 270.00 feet; THENCE, North 61'27'50" West, along the north boundary ofsaid Lots 13 and 14, Section 40, said Flour Bluffand En¢inal Farm and Garden Tracts, same being lhe south boundary of said Purdue Road. at 350.15 feet pass the common comer or said Purdue Road and Lots 7, 13 and 14. Section 40. said Flour Bluff and Encinal Farm and Garden Tracts, and said Purdue Road, in all a distance of 872.13 feet to a point on the common boundaryof said LoIs 7 and 13, Section 40, for the west comer of this tract; THENCE, North 28'32' I 0" East, a distance of 1,320.16 feel to the common boundary of Lots 4 and 7, Section 40, said Flour Bluffand Encinal Farm and Garden Tracts, for the north comer orthis tract; THENCE, S61'27'50" East, along the common boundary of said Lots 4 and 7, Section 40, a dislance of 321.20 feet for a comer of~is Iracl; THENCE, South 28'32' 10" West, a distance of 225.00 feet for a comer of this tract; THENCE, South 61 '27'50' East, a distance of 200.00 feet to the west boundary of Lot 4, Greentree Subdivision, a map of which is recorded in Volume 46, Page 64, Map Records of Nu¢ces CountT, Texas, l'or a comer of this tram; THENCE, South 28'26'00" West. along the common west boundary of said Lot ti, and Lot 5. Greetree Subdivision, a map of which is recorded in Volume 52. Page 108, Map Records 27'25 SWAN'TNEr~ DR.' COif'PUS CH(~ISTI.IEX.AS 78a04 $ :\ S u iw e ¥in gx3 H O RE U N E 43 A K S ~. 3 S 0 S.A 300~.n., z~'~lui~[ 6OoR~ ~h~: O rn Page I or2 orNueces County, Texas, a distance of 435.16 feel to the common comer of said Lot §, and said Oreenlree Recreational Vehicle P~rk Unit l, for a comer of[his tract; TI-.[ENCE, South 61'27'$0" East, along the common boundary of'said Greentree Recreational Vehicle Park Unit I and said Lot 5. a distance ot'256.00 feet For a comcr ol'this . tract; TH'ENC,~, South 28'32' 10" Weal, a distance of 214.00 l-eel for a corner of this tract; TI~ENCE, South 61'27'$0" Easl, a distance of 94.1 $ I'¢¢t for a comer of Ibis tract; TI-TENCE, Somh 28'32' 10" West, at 4 ] 6.00 feet pass Ibc noeth boundary of the above mentioned Purdue Road, in all a distance ot'446.00 feet to Ihe POINT OF BEGTNTNING and conlaining I 8.621 acres of land. Bearings based on the recorded plat of Greentree Recreational Vehicle Park Unh I, a map of whlch is recorded in Volume 40, Page 160, Map R¢co[ds o£Nucces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in iLs original form, surveyor assumes no responsibility or liability for iLs accuracy. LTRB A N ENG1]qEERI~G DAN R.P.LS. License No. 4'710 S:~urve¥ins~HORELJNF~)AKS;~-3808V~0O~Rezor~d T-'I [I Io R-lC.doc Page 2 ol'2 (,",511854-3101 URBAN EN ,INEERIN P.O. BOX 6,3,55 · CORPUS CHRI,%'ll, TEXAS 71M66-6355 JOB NO. 23808.A3.00 MARCH 25, 2O04 FAX (361 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the re.zoning ora 20,148 square foot of land (not based on an on-the-ground survey) out of the Green,'ce Recreational Vehicle Park Unit I, a map of which is recorded in Volume Page 160, Map Records ofNueces Coumy, Texas; said 20,148 square foot of land being more fully described by meles and bounds as follows: BEGINNING al point on the common boundary of said Greentree Recreational Vehicle Park Unit I and Lot 5, Greentree Subdivision, a map of which is recorded in Volume 52, Page 108, Map Record~ of Nueces County, Texas I~ing the north comer or' this tram. from which poinl the common wesl comer of said Greentree Recreational Vehicle Park Unit 1 and said Lol 5 bcar~ North 61'27'50" West, n distance of 256.00 feet; THENCE, South 61.27'50" Easl, along the common boundary of said Green,'ce KecTeational Vehicle Park Unit I and said Lot 5, same being lhe north boundary orthis tract, a distance o/'94.15 feet for the east comer of this tract; THENCE, South 28'32' 10" West, along {he east boundary of this t~acL a distance of 214.00 feec for the south corner of this H'act; THENCE, North 61'27'50" West along Ihe south boundary or this tracL, a distance of94.15 feet for the west comer or this tract; THENCE, Noah 28'32' 10' East, along Ihe west boundary of this tract, a distance o/'214.00 t'oct Io the POI'bIT OF BEGYIq]'4ING and conlaining 20,14g square feet of land. 13earings based on the recorded plat of GreenUee Recreational Vehicle Parr Unit 1, a map of which is recorded in Volume 40, Page 160, Map Records of Nuects County, Texas. Unless Ibis Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assum~s no responsibility or liability for its accuracy. URBAN ENGINEER/NO 2725 SWANTNER DR, · CORPUS CHRISTI. TEXAS 784~ S:~u~cylng~IIO~LINE~AK~3R0~3O~ B~ IgR- C ~ PaDe I or] ~Jl~uroo~n~,com 0 St~q~ oW (:361)BSa-310t ,, ENgINEERINg P,O. BOX b355 · CORPUS CHRISI'I, IEXAS 78dbb'-b355 .1OB NO. 23808.A3.00 MARCH 25, 2004 FAX (3613B~-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES F1ELDNOTES for Ibc re-zoning ora 8,853 square foot tract of land (not based on on on-lhe- ground survey) out of the Greentree Recreational Vehicle Park Unit I. a map of which is recorded in Volume 40, Page 160, Map Records of Nueces County, Texas, and out of Purdue Rood, a 30 foot wide public roadway, a shown on the recorded map of said Greentree Recreational Vehicle Park Onil l; said 8,8.53 square loot of land being marc fully described by me~e~ and bound~ as follows: BEGINNING at point on the south boundary of said Purdue Road, same being the north boundary of Lot 14, Seclion 40, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume ^, Pages 41-43, Map Records of Nueces County, Texas, bebxg the west corner of this Ivact, fi.om which point the common comer Lots ?, 13, and la., S~ction a.0, ~aid Flour Bluffund Encinal Farm and Garden Tracts. bears North 61'27'50" West, a distance of 350.17 Feet; THENCE, North 28'32'10" £a~t, along the west boundary of this tract, al 30.00 feel pass the corrunon boundary of sold Purdue Road mid said Greentree Recreational Vehicle park Unit I, in all o distance of 446.00 reel For the north comer of this THENCE, South 61 '27'50" East, along the north boundary of this u'act, a distance of 19.85 Feet for the east comer of thi~ ~'act; THENCE, South 28'32' I 0" W~st, along the cz, st boundary of this O'act, at 416.00 Feet pa.ss the common boundary of said Purdue Road and said GreenU'ee Recreational Vehicle Park Unit I, in 0Il a distance or 446.00 fe~t to the common boundary of said Purdue Road and said Lot 14, Section 40, for Ihe south comer orthis ~acl; THENCE, Norlh 61'27'50" West, along the common boundary said Purdue Road and said Lot 14, Seclion 40, a dislance of 94.15 feet to the POINT OF BEGIN'NING and containing 8,853 square feet of land. Bearings based on the recorded plat of Greenlree Recreational Vehicle Park Unit I, a map of which is recorded in Volume 40, Page 160, Map Records of Nuece~ County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its origiaal form, surveyor assumes no responsibilii'~ or Ilabi~ Va. L. Urt .. CP.L.S. C~L~ 207 ~5 :W~AF(f~TNE R ~.AS 78a04 Licerlse No. 4710 S:~Sum'c)'ing~SHOILELINE-OAKS~23808L~300'~Re~oned.%,~IB ,to B-4.do,; Page I of I rnau~urooneng.com 12 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 25, 2004) Case No.: 0404-06, Gene Graham: A change of zoning from a "F-R' Farm-Rural Dislxict to a "RE" Residential Estate DisWict. The property is in Laureles Farm Tracts, being 47.963 acres out of Sections A and 31, located between South Oso Parkway and County Road 41 and north ofF.M. 2444 (South Staples Stxeet). Planning Commission and Staff's Recommendation (04/21/04): Approval. Requested CouncilAction: Approval of the"RE' ResidentialEstate Dtstrict and adoption of the a~ached ordmnnce. Purl~ose of Request: Development of a 38-1ot single-family large lot subdivision. Summary: · Applicant is requesting a change of zoning fi.om "F-R" Farm-Rural District to "ILE" Residential Estates for the development of a 38-lot residential subdivision on 47.9 acres. · The 38-1ot residential subdivision would generate 380 average vehicle trips. Access is provided along, South Oso Parkway, a rural arterial and unmaProved County Road 41, planned as ma arterial roadway. Both roadways connect directly to F.M. 2444 (South Staples Street). Traffic generated fi'om the proposed single-family residential use can be acconunodated by adjoining s~xeet systems. · The "RE" District provides for minimum one-acre lots and for the elimination of curbs, gutters and sidewalks when platting of the property. 'The subject property is in proximity to "RE' District developed property to the north and undeveloped "RE" District property to the east. The requested "RE" District would be an extension of the existing large lot development that is occurring in the area. The fature land use map primarily recommends low-density residential. Along the southwest corner of County Road 41, medium-density residential and general commercial is recommended. Generally, the requested "RE" District is consistent with the fature land map. Aoolicant's Position: The applicant concurs with Planning Commission and StaWs recommendation. Notification: Of the eighteen notices nmiled to the surrounding property owners, two (2) were returned in favor and none m opposition. The 20°/° rule Is not Invoked. This case is considered noncontroversial. Assistant Director of Development Services MG/MSS/er Attachments: 1) Zoning Report 2) Planning comrmssion Minutes 3) Ordinance H:~PLN-DIR~ERMA\WORD~AGEN DM EM~20~4~t4044)6AGEN DAM EMO.DOC C'rTY COUNC'rL ZONZNG REPORT Case No.: 0404-06 Planning Commission Hearing Date: April 21, 2004 Applicant: Gene Graham Owner: Same as applicant Agent: Urban Engineering - Chap Urban Legal Description/Location: Laureles Farm Tracts, being 47.963 acres out of Sections A and 31, located bet~veen South Oso Parkway and County Road 41 and north of F.M. 2444 (South Staples Street) From: "F-R" Farm-Rural Dis~-ict Area:T°: "RE"47.9Residentialacres Estate Dislxict Purpose of Request: Development of a 38-1ot single-family large lot subdivision. Zoning Existing Land Use Site "F-R" District Agriculture land North "RE" District South "F-R" District East "RE" District West Out of City Limits Single-family residences Agriculture land Agriculture land Agriculture land Future Land Use Low and medium density residential and general commercial Low-density residential Low4ensity residential Low-density residential Low and medium density residential and general commercial Area Development Plan: London- The future land use map primarily recommends low-density residential. Along the southwest comer of County Road 41 medinm<lensity residential and general commercial is recommended. Generally, the requested "RE" District is consistent with the future land map. An amendment to the future land use map is required to allow the proposed Iow-density residential development. Map No.: F15A Zoning Violations: None Zomng Report Case No, 0404-06 (Gene Graham) Page 2 Applicant is requesting a change of zoning from "F-R" Farm-Rural District to "RE" Residential Estates for the development of a 38-lot residential subdivision on 47.9 acres. The 38-1ot residential subdivision would generate 380 average vehicle trips. Access is provided along, South Oso Parkrway, a mraI arterial and unimproved County Road 41, planned as an arterial roadway. Both roadways connect directly to F.M. 2444 (South Staples Street). Traffic generated from the proposed single-family residential use can be accommodated by adjoimng street systems. The "RE" District provides for minimum one-acre lots and for the elirmnation of curbs, gutters and sidewalks when platting of the property. The subject property is in proximity to "RE' District developed property to the north and undeveloped "RE" District property to the east. he requested "RE" District would be an extension of the existing large lot development that is occurring in the area. The future land use map primarily recommends low-density residential. Along the southwest comer of County Road 41, medium-density residential and general commercial is recoinmended. Generally, the requested "RE" District is consistent with the future land map. Modification to the future land use map is requn'ed for the medium-density residential area and general commercial area of the subject property Street Type Paved Section Volume (2001) F.M. 2444 (S. Staples Rural Arterial Current: 60' pavement 4,080 a.d.t. Street Planned: 100' R.O.W. w/76' pavement South Oso Parkway Rural Parkway Current: 60' pavement Not available Planned: 80' R.O.W. w/76' pavement Current: Unimproved Planned: 100' R.O.W. w/76' pavement County Road 41 Unimproved Not available Platting of the subject property with the remaining strip of land to the south is required, per state and local subdivision regulations. Transfer or conveyance of land is prohibited prior to adherence of subdivision regulations. An overall development plan is recommended for future development of both tracts of land. Zoning Report Case No. 0404-06 (Gene Grahara) Page 3 Approval of the "RE" District Approval of the "RE" District. Notices Mailed- 18 Opposition - 0 Attachment: Zoning map H:~P LN-DIR~ERMA\WORDXZONRP TSX20~4K~[04 -06CCREPORT R~ F-R F.M. ROAD 2444 { SOUTH STAPLES ST.) FR 1 1 ALEX~4~2~4 Case Z0404-06 Notice Map NORTH Planning ComWassion Minutes April 21, 2004 c) 0404-06- Gene Graham REQUEST: Change of zoning F-R" Farm-Rural District "RE" Residential Estate Dis~'ict for the development of a 38-1ot single-family large lot subdivision. Exerts from Zoning Report Property address/area: Laurelex Farm Tracts, being 47.963 acres out of Sections A and 31, located between South Oso Parkway and County Road 41 and north ofF. M 2444 (South Staples Slree0 Area Development Plan: The re the requested "RE" District i3' consistent with the future land map. An amendment to the future land use map is required to allow the proposed low-density residential development. Access ia' provided along, South Oso Parkway, a n~ral arterial and unimproved County Road 41, planned as an arterial roadway. Both roadways connect directly to F.M. 2444 (South Staples StreeO. The "RE" District provides for minimum one acre lots and for the elimination of curbs, gutters and sidewalky when platting of the property. Staff recommendx approval of the "RE" District. Ms. Faryce Goode-Macon, City Planner, displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 18 notices mailed. None were received in favor or in opposition. Chairman Berlanga opened the public hearing. No one appeared in favor or opposihon. Public heating was closed. Motion was made by Salazar and seconded by Smith to recommend approval. Motion was passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GENE GRAHAM BY CHANGING THE ZONING MAP IN REFERENCE TO LAURELES FARM TRACTS, BEING 47.963 ACRES OUT OF SECTIONS A AND 31 FROM "F-R" FARM-RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Gene Graham for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, April 21,2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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 Laureles Farm Tracts, being 47.963 acres out of Sections A and 31, located between South Dso Parkway and County Road 41 and north of F.M 2444 (South Staples Street), from "F-R" Farm-Rural District to "R-E" Residential Estate District, as shown on the attached Exhibit. (Map FLSA) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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:~EG-DIRUOSEP H~ZONING-O4\O404-06REGU LAR.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 (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 25~h day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph~arney ~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti H:~.EG-DIR~JOSEPH~_ONING-04V;~04-06REGULAR.DOC Page 3 of 3 Corpus Chdsti, Texas __ day of ,2004 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 H:~LEG-DIR~JOSEP H~ZO NING-04\0404-06REG U LAR.DOC (361)85fl-3101 URB/d4 ENGINEERING P.O. BOX 6355 * CORPLIS CHRLSTI, TEXAS 78466-6355 JOG NO. 20492.06.00 IviARCH 16, 2004 FAX (~,1)854-6001 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the re-zoning cfa 47.963 acre tract of land (not based on an on-the-ground survey) out of Seclion A and Section 31, Laureles Farm Tracl~, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 47,963 acre tract of land being more fully described by metes and boondz as follows: BEGINNING at the canterline of South Oso Parkway, an 80 foot wide dedicated roadway, from which the intersection of the centerline of said South Oso Parkway and the cunterlinc of South Sa[pies Street, a 120 fool wide public roadway, bears South, a distance of 360.00 feet; THENCE, West, at 40.00 feet p:t,q a 5/8 inch iron rod found on the west boundary of r~id South O$o Parkway, at 2,600.39 feet pa.vt the nazi bounda~ of County Road 41, an 80 foot wide d~dicated roadway, at 2,640.39 feel pass a 5/8 inch iron md found on the cantarline of said County Road 41, in all a total distance of 2,680.39 feet to the west boundary of said Country Road 41, for the ~outhweet comer of this tract; THENCE, North, along the west boundary of said County Road 41, a distance of 779.46 feet for the northwest comer of thin tract; THENCE, East, at 80.00 feel p~ss the e~t boun6ary of said County Road 41, at 2,640.39 f~at pass the west boundary of said South Oso Parkway, from which point a 5/8 inch iron rod found, bears South 38'21 '04" East, a dislance ot'0.82 feeL, in all a total distance of 2,680.39 feet to the cemerline of said South Oso Parkway, for the northeast comer of this THENCE, South, along the centerline of said South Oso Park-way, a distance of 779.46 feet to the POINT OF BEGINNING and containing 47.963 acres of land. Bearings based un thc recorded map of Laureles Farm Tracts, n map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Text~. Unless this Field Notes Description, including preamble, seal and signature, appcar~ in it~ original form. surveyor a~umes no respon~ibiliW or liabiliW for its accuracy. URBAN ENGINEERING DAN L. URBAN, LIcens~ No. 4710 oqoq'--O¢ 2725 SWANTNER DR, · CORPUS CHRISTI, TEXAS 784104 mag~urbaneng.cam EXHiBiT IZ£I Acre~ oul of ~e L~ F~ South Stap/es Street 13 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 25, 2004) Case No.: 0404-07, Staples Timbergate Associates: A change of zoning fi.om a "R-lB" One-family Dwelling District and "A-I" Apartment House District to a "B4" General Business Dislrict. The property is in Flour Bluffand Encknal Farm and Garden Tracts, being 7.97 acres out of Section 11, Lot 16, located at the northeast comer of South Staples and County Road 26--A (Timbergate Drive). Planning Commission's Recommendation (04/21/04'}: Approval. Staff's Recommendation (04/21/04): Denial of the "B-4" District, and in lieu thereof, approval ora "B-I" Neighborhood Business District. Retluested Council Action: ApprovaI of the "B4" General Business District and adoption of the attached ordinance. Purl}ose of ReQuest: Speculative development. Summary: · Applicant is requesting a change ofzomng fi.om "R-lB" One-family Dwelling Dislr/ct and "A-I" Apartment House District to a "BM" General Business DistricL A ~B-4~ Distxict allows for auto-repair, bars, lounges and taverns, as well as an increase in signage for the Staples Street corridor. The "B-I" District would limit freestanding signage to one (1) forty (40) square foot sign with a maximum height of twenty (20) feet. The requested "B-4" District provides for unlimited signage as to area and height. Multiple fi.eestanding signs would be allowed under the "BM" District. The "B-I" and "B-4" District provide for unlimited wall signage and prohibit placement of the sign on the roof. · Subject property is primarily agricultm'e with one undeveloped platted lot and one platted lot with a single- family residence. The single-family residence is proposed for demolition. The subject property consists of 7 97 acres proposed for development with a 40,000 square foot retail center. Typically one acre is needed for each 10,000 square feet of commercial store area. Commercial development cousisting of a 40,000 square foot strucl~re is not considered a community or regional commercial use, but rather a neighborhood commercial use. Neighborhood commercial centers are unenclosed stamctures that are usually 100,000 square feet or less. Community commercial centers generally contain 150,000 to 300,000 square feet on a fi~een (15) to thirty (30) acre tract. Regional commercial centers are between 500,000 to 2 million square feet on fix°~y (50) to two-hunch-ed (200) acres. · The proposed retail center is proposed for development within two or three years. Anticipated personnel planned for the use is projected between 250 and 300 employees. · A 40,000 square foot retail canter would generate 1,627 average vehicle trips. Access is provided along South Staples Street, an arterial. County Road 26-A is unimproved with a planned 60'R.O.W. The subject property is primarily in proximity to low and medium-deusity zoned and/or developed properties North of the subject property is a "B-4" District area developed as a church. Along the northeast intersection of Timbergate Drive and South Staples is an undeveloped ':B-I" District area. Agenda Memorandum May 25, 2004 Case No. 0404-07 (Staples Timbergate Associates) Page 2 The Southside Area Development Plan himre land use map recommends general commercial development. However, the proposed development consists of a 40,000 square foot retail center that is characterized as a neighborhood commercial stxucture. A "B-I" DisU'ict is recommended for the subject property. The "B-I' District modifies the general commercial land use on the future land use map to neighborhood commercial The "B-I" District offers less sign area and sign height than allowed by general commercial and eliminates heavy auto repair uses and bars. A01~llcant's Position: The applicant concurs with planning CommiSsion's recommendation and does not agree with Staff's recommendation. Notification: Of the twelve notices mailed to the surrounding property owners, three (3) were returned m favor and none in opposition. The 20% rule is not invoked. This case is considered noncon?j:~vers~. Assislant Director of Development Service~t MGTMSS/er Attachments: 1) Zoning Repor~ 2) Planning Commassion Minutes 3) Ordinance H:kPLN-DIR~ERMA\WORD~AGENDMEM~2004~3~04 ~37AGENDAMEMO.DOC CITY COUNC 'L ZONI'NG REPORT Case No.: 0404-07 Planning Commission Hearing Date: April 21, 2004 Applicant: Staples Timbergate Associates Owner: Same as above Agent: Wayne Lundquist, Jr. Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section I 1, being 7.97 acres out of Lot 16, located at the northeast comer of South Staples Street and County Road 26-A (Timbergate Drive) ~ '~ From: "R-lB" One-family Dwelling District and "A-I" Apartment House District .-~ ~ To: "B-4" General Business District = ~ Area: 7.97 acres Purpose of Request: Development of a retail center. Zoning Site "R-lB" and "A-I' Districts North "R-2" and "B-4"Districts South "R-IB"District East "R-lB" and "A-I" Districts West "A-2" and "B-I' Districts Existing Land Use Agriculture land and single-farmly residence Church and cell tower Agriculture land Agriculture land Agriculture land and multi- family development Future Land Use General commercial General commercial and medium-density residential Medium-density residential Low and medium4ensity residential Medium-density residential and neighborhood commercial Area Development Plan: Southside - The future land use map recommends general commercial development. However, the proposed development consists of a 40,000 square foot retail center that is characterized as a neighborhood commercial slxucture. Neighborhood commercial centers are unenclosed structures that are usually 100,000 square feet or less. A "B-I" District is recommended for the subject property. The "B-1" District modifies the general commercial land use on the future land use map to neighborhood commercial. The "B-1" Dislrict is more compatible to existing land uses and offers less sign area and height than allowed by general commercial; additionally the "B-I" District eliminates heavy auto repair uses and bars. Map No.: G16A Zoning Violations: None Zoning Report Case No. 0404-07 (Staples Timbergate Associates) Page 2 Applicant is requesting a change of zoning fi.om "R-lB" One-family Dwelling District and "A-l" Apartment House District to a "B-4" General Business District. Subject property is primarily agriculture with one undeveloped platted lot and one platted lot with a single-family residence. The single-family residence is proposed for demolition. The subject property consists of 7.97 acres proposed for development with a 40,000 square foot retail center. Typically one acre is needed for each 10,000 square feet of commercial store area. Commercial development consisting ora 40,000 square foot structure is not considered a community or regional commercial use, but rather a neighborhood commercial use. Neighborhood commercial centers are unenclosed structures that are usually 100,000 square feet or less. Community commercial centers generally contain 150,000 to 300,000 square feet on a fifteen (15) to thirty (30) acre ta'act. Regional commercial centers are between 500,000 to 2 million square feet on fifty (50) to two-hundred (200) acres. The proposed retail center is proposed for development within two or three years. Anticipated personnel planned for the use is projected between 250 and 300 employees. A 40,000 square foot retail center would generate 1,627 average vehicle trips. Access is provided along South Staples Street, an arterial. County Road 26-A is unimproved with a planned 60'R.O.W. The subject property is primarily in proximity to loxv and medium-density zoned and/or developed properties. North of the subject property is a "B4" District area developed as a church. Along the northeast intersection of Timbergate Drive and South Staples is ~xn undeveloped "B-I" District area. A "B-4" District allows for auto-repair, bars, lounges and taverns, as well as an increase in signage for the Staples Street corridor. The "B-I" District would limit freestanding signage to one (1) forty (40) square foot sign with a maximum height of twenty (20) feet. The requested "B-4" District provides for unlimited signage as to area and height. Multiple freestanding signs would be allowed under the "B-4" District The "B- 1" and "B-4" Dislrict provide for unlimited wall signage and prohibit placement of the sign on the roof. The Southside Area Development Plan future land use map recommends general commercial development. However, the proposed development consists of a 40,000 squm'e foot retail center that is characterized as a neighborhood commercial structure. A "B-I" Dislrict is recommended for the subject property. The "B-I" Dislrict modifies the general commercial land use on the future land use map to neighborhood commercial. The "B-I" District offers less sign area and sign height than allowed by general commercial and eliminates heavy auto repair uses and bars. Zoning Report Case No. 0404-07 (Staples Timbergate Associates) Page 3 Street Type Paved Section Volume (2001) South Staples Street Arterial 100'R.O.W. w/76' paved 20,510 a.d.t. County Road 26-A Unimproved Current: Unimproved 2,630 a.d.t. Planned: 60' R.O.W. Timbergate w/42'paved Drive The recommended "B-I" District modifies the Southside future land use map from general commercial to neighborhood commercial. Denial of the "B-4" General Business District and in lieu thereof recommend a "B-1" Neighborhood Business District. ~'~ ~ Approval of the "B-4" General Business District. Notices mailed - 12 Opposed - 0 Attachment: Zoning map ti :~P LN -DIR~ERMA\WORD~ZONRP TSX2004~I044)7CCiLF~O RT.DOC A-2 B-4 B-1 R-2 1 R-lB A-1 R-lB ALEX-04~2~4 Case Z0404-07 Notice Map NORTH Planning comrmssion Minutes April 21, 2004 d) 0404-07 - Staples Timbergate Associates REQUEST: Change of zoning from R-lB" One-family Dwelling District and "A-I" Apartment House District to "B-4" General Business Dislrict for development of a retail center. Exerts from Zoning Report Property address/location: Flour Bluff and Encinal Fartn and Garden Tracts, Section 11, being 7. 97 acres out of Lot 16, located at the northeast cortter of South Staples Street and County Road 26-A (Timbergate Drive) The subject property is primarily agriculture with one undeveloped platted lot and one platted lot with a single-family residence. The single-family residence is proposed for demolition. Antictpated personnel plannedfor the use is projected between 250 and 300 employees. A 40,000 square foot retad center would generate 1,627 average vehicle trips. Access is provided along South Staples' Street, an arterial. County Road 26-A is an unimproved street with a planned 60 'R. O. W. The Southside Area Development Plan future land use map recommends general commercial development. However, the proposed development consists ora 40, 000 square foot retail center that is characterized m' a neighborhood commercial structure. Neighborhood commercial centers are unenclosed structures that are usually 100, 000 square feet or less. A "B 1 "District is recommended for the subject property. The "B I "District modifies the general com~nercial land use on the future land use map to neighborhood commercial. The "B-I " Dtstrict is more compatible to existing land uses and offers less sign area and height than allowed by general comtnercial; additionally the "B-1 "District eliminates heavy auto repair uses and bars. Staff recommends denial of the "B-4" General Business District and in lieu thereof recommends "B- I "Neighborhood Business District. Ms. Faryce Goode-Macon, City Planner, displayed graphics of the subject property and the surrounding area. 3~he zoning report and tape recording are on file. She stated that there were 12 notices mailed. Three were received in favor and none in opposition. Chairman Berlanga opened the public hearing. Wayne Lundquist, 4466 Ocean Drive, representative of the applicant, came forward and stated that the subject property is under contract and the purchase is subject to rezoning. The applicant and Mr. Lindquist felt that "B-4" was a normal extension of the zoning since on that side of Staples Street, there is "B-4" zoning all the way from Saratoga to the North boundary of this property. He put a 40,000 shopping center on the application but doesn't know what will be put on the property. The purchaser doesn't have any plans at this point. He just wants the highest zoning he can get. Commissioner Salazar asked how much more he would be allowed by having "B-4" zoning versus "B-Y'. The only resistance he sees is possibly having a nightclub with "B-4". Mr. Michael Gunning, Director of Planning explained the uses in "B-4" District zoning that aren't included in "B-I" District zoning and the differences between "B-I" to "B-Y' District zoning. There was a lot of discussinn on the uses of the various "B" District zoning as well as special use permits. Planning comrmssion Minutes April 21, 2004 Case No. 0404q37 (Staples Timbergate Associates) Page 2 "B-4" zoning allows for bars and taverns and there was a lot of concern of a bar being built in the area. There is a church nearby, but the requirement for bars in relation to their location to churches is front door to front door. All it does is tell where you orient the front door. Mr. Gunning stated that as a matter of practice, bars in v~cinity of churches & schools, regardless of where the front door is, is not a good idea. Chairman Berlanga stated that the Conunission and staff have been protective about bars. Residences have to drive further to get to bars, possibly endangering their lives to drive home. Sometimes there's nothing wrong with having a bar on an arterial. I really don't see a big problem with it. Ms. Bailey explained that it's more than simply bars. It's the heavier automotive uses that go in the "BM" Districts in an area that's not in an arterial territorial and is a fairly small piece of property. That is where the staft~s recommendations originated. "B-4" is one of your heavier business districts. It was stated that due to the cost of the land, we probably won't get this type of noisy businesses. The land is over $4.00 per square foot. The churches in the area did not oppose the "BM". Mr. Lindquist visited with the Christian New Fellowship church and the preacher had no problems with the zoning change. Second Baptist is across the sh-eet from the subject property and did not oppose the change. Mr. Johnny Koliba, 424 FM 136 in Woodsboro, owns the adjacent property, which is "R-lB" had no objections. It loo~ like that part of Staples is going to build commercially. It's not going to be residential property. There needs to be a separate zoning 1D for bars and liquor stores in the City. cornrmssioner Berlanga closed the public hearing. Motion was made by Amsler and seconded by Salazar to recommend approval of the "BM" zoning. Motion was passed by Amsler, Richter, Berlanga, Salazar, and Smith. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES TIMBERGATE ASSOCIATES BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, BEING 7.97 ACRES OUT OF LOT 16 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Staples Timbergate Associates 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, April 21, 2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS' SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 7.97 acres out of Lot 16, located at the northeast corner of South Staples Street and County Road 26-A (Timbergate Drive), from "R-lB" One-family Dwelling District and "A-l" Apartment House Distdct to "B-4' General Business District, as shown on the attached Exhibit. (Map G16A) 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~JOSEP H~ONING-04\0404-O7REGULAR.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) f-rods 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 25th day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED (M.b Joseph I~rney~ Assistant City Attorney For City Attorney / ~ 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~JOSEPH~.ONING~04~0404-07REGU LAR.DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2004 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 H:~LEG-DIR~IOS EPH~_ONING-O4\040z~O7REGU LAR.DOC M~¥ 1B-~0~4 11'-5~ FR~:CITY OF GO~ C~IS 36~8~6~560 TO:~ P,~i~ BArS & WI~'I.~H F...NGINI;'£RING BIU~NE55 Z. ONtH~ Ja~Ja~ 29, 2004 0400g~ ~ of Texas § BEO~h~I() m ~e ~ oT k~eme~M)n of ~e n~ r~h~-w~y ~e M Comdy R~ad ~ (e~ ~ u the ~ ~oa0 ~ s~he.~ dOM.<d.way b of $0u~ Stal~e~ ~red N2/)'57'30"E 771.64' M a point fm the nMll~mmost comer cd the tnm~ Thence ~&l'OI'lS"E 45000' I~ · point for t~e e:m;;klmmost cum(. o! I~ ~ herdn de~=~ed; There. ~2.8'5'7'30",N 771.6~' Io a ~ In eak~ north.,,~ rlghl-of-w'~ fin~, ol ~ Ro~d 26-A f~r the eo,.J~4~n rn~ = omar of the tn~! her~n dmKag~d; Theme ~ m~ld no. east dghtmf-way [me o! Coun('y Road 2~ I~1 '01 '25'W 450.00' to the PO~ OF ~'u"Q~lO, a ,dr~,tch ~ho.~g .aM 7.973 acm tn~t berg .~:hed her~ es E3d~ "B" ------------------~XH IBIT 'B" SKETCH TO ACCOMPANY MLIL$ AND BOUNDS DESCRIPTION Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES TIMBERGATE ASSOCIATES BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, BEING 7.97 ACRES OUT OF LOT 16 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Staples Timbergate Associates 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, April 21, 2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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, Section 11, being 7.97 acres out of Lot 16, located at the northeast corner of South Staples Street and County Road 26-A ('l'imbergate Ddve), from "R-lB" One-family Dwelling District and "A-I" Apartment House District to "B-I' Neighborhood Business District, as shown on the attached Exhibit. (Map G16A) 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:%EG-DIR~JOS EP H~_ONING-04\0404-07STAFFALTERNATIVE.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 25~h day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,~,~ Joseph H~rney Assistant City Attorney For City Attorney 2O04 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~.ONIN G-04~0404-07STAFFALTERNATIVE.DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2004 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 H:~_EG-DIRt. JOSEPFI~ONING-04\0404-07STAFFALTERNATIVE,DOC IqAffB *q, W£1-SH I:'HGINBI'£RING BU~NE~ONtNO Janua~f 29, 2004 0400OM&9 ~ of T~ § ~ ~ s~l r,o~te~d ~gM-of-w~y ~e of Sm~ S~p~es Stmd N28'S7'30=E 771 .M' t~ m point for ~-~ nm'~emm~t c~rne~ ~f I~ ~ heretn dM~;~d; "l'h~ft~ ~1 'O I'IS'E 450.00' h., I I~ I'or tJle ~ITIOM comer o! ~ ~ h~rMn ddas~:WD(Id; Th~1'lC~ S26"5'7"30"VV 771.6~ {o · po1111 In said nor~'T~'''=-~ ~ghl.,o~ ~ of ~_-?_~'dy Road e.=.u~emrm:~ c~m~' of th~ t~d he. in d4~3,~1: 'T~ m~ s;m~ m)d~ _,-~,~_. dGhl-og-way fine of CourW Road ~ t~1'O1'25'W 454).00' 1o the P(314T OF ~L~D~I~IO, e skeich d'mwhlg eaid 7Jg73 acre ~act bMrlg I'd~ hereto ea Exh~ "9" oqbq-o-? P.12/15 E~X HI,IT 'B' SKETCH TO ACCOMPANY M~_l~_S AND BOUNDS DESCRIPTION Oqoq- o"-/ 14 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 25, 2004) Case No.: 0404-08, Ross and Judith Sisson: A change of zoning fi.om a "B-2" Bayfront Business District to an "I-2' Light Indus~al Distxict. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Sect/on 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, located on the southwest corner of Gadwell Sh-cet and Laguna Shores Road. Plannin~ Commission and Staff's Recommendation (04/21/04): Denial of the "I-2" District, and in lieu thereof, approval of a Special Permit thra keimeYanimal rescue facility subject to a site plan and nSne (9) conditions. Rerluested Council Action: Denial of the "[-2" Distcicl, and in lieu thereof, approval ora Special Permit for a keunel/ammal rescue facility subject to a site plan and nme (9) conditions and adoption of the attached ordinance. Puroose ol' Re~luest: To contmue operating a kermel~small animal rescue shelter. Summary: · Applicant is requesting an "I-2" District in order to continue to operate a kermel/ammal rescue facility. · The appLicant has achieved 501 c3 stares as a not-for-profit facility as an am-mai rescue operation. Staff is classifying the rescue shelter as a kennel because the Zoning Ordinance does not have an animal rescue facility as a listed use. · Applicants had a number of pigs, but have since reduced the number of pigs and will restrict future pigs to one pet pig. · The requested "I-2' District permits uses that are not consistent with the Flour BluffADP and with the development of the area. · The applicant is willing to accept a Special Pemfit to allow the use w-tth reasonable conditions. · The kenneFanimal rescue facility can be allowed with a Special Permit without having to change the underlying zone. · The SP for a kenneFainmal rescue facility can establish the number of rescued ammals, prohibit specific anmaals or s,ze of animals and set a specific time period for compliance and impact review. The Planning Cormmssion recommended denial of the "I-2' Distxict, and in lieu thereof, approval of a Special Permit for a kennel/animal rescue facility subject to a site plan and the follovang nine (9) conditions: 3[~e following are the nme (9) conditions recommended by Staff and Planning Commission: USES: The only use authorized by this Special Permit other than those uses permitted by right ha a "B-2" Bayfi-ont Business District is a kennel/animal rescue facility. Agenda Memorandum May 25, 2004 Case No. 0404-08 (Ross and Judith Sissoa) Page 2 ANIMALS: The kennel/ammal rescue facility shall be limited to the following: Birds not to exceed thirty (30) Cats not to exceed thirty (30) Dogs - not to exceed thirty (30) Horses - not to exceed two (2) Rabbits not to exceed ttfiity (30) No more than six (6) dogs, cats, or rabbits may be kept reside the residence/office or m the ainmal grooming salon. PROHIBITED ANIMALS: Large animals, including, but not limited to cattle, emus, llamas, etc., and swine are not permitted in the facility except for one adult pig existing on the prernme shall be allowed until the pig's demise. 4. SLAUGHTERING: The slaughtering of ainmals on the property shall not be permitted. ANIMAL WASTE: In accordance with Chapter 6, Article IV, Section 6-37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored m a rat-proof and fly-fight container until the waste is properly disposed. FEED STORAGE: In accordance with Chapter 6, Article IV, Section 6-38 of the City Code of Ordinances, the storage of feed must be kept in a rat-proof, fly-tight building, box, container, or receptacle. 7. PONDING: Animal pens should be graded or covered so as to elimmate standing water in the pens. MAINTENANCE: The property shall be kept in a neat appearance at all time. Existing debris, tires, and junk vehicles must be removed within thirty (30) days from the date of this ordinance. TIME LIMIT: Th/s Special Permit shall be deemed to have expired w/thin one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. All required licenses and permits must be obtained no later than six (6) month~ from the date of this ordinance. Two (2) inspections, as directed by the Director of Developmant Services or designee, will be performed six (6) months apart dnsmg the first year of die Special Permit. Am~licant's Position: The applicant concurs with Plaiming cormmssion and Staff's recommendation. Notification: Of the twelve notices mailed to the surrounding property owners, one (1) was returned in favor and one (1) was returned m opposition. The 20% rule is not invoked. This case is considert'd noncontroversial. MG/MSS/er Attachments: 1) Zordng Report 2) Planning comrmssion Minutes 3) Ordinances H:~PLN DIR~ERMA\WORDLAGEN DM EIVB20~4\041M438AGENDAM EMO DOC C'rTy COUNCTL ZONZNG REPORT Case No.: 0404-08 Planning Commission Hearing Date: April 21, 2004 Applicant: Ross and Judith Sisson Owner: Same as applicant Agent: None Legal Description/Location: Flour Bluff' and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, located on the southwest comer of Gadwell Street and Laguna Shores Road. From: "B-2" Bayfront Business District To: "1-2" Light Industrial District Area: 3.379 acres Purpose of Request: Continue operating a keimel/small animal rescue shelter Zoning Existing Land Use Site "B-2" Residence, animal rescue shelter, animal grooming Single-family residence, North "B-2" vacant land "B-2" South Vacant land East "B-2" Single-family residences, vacant land West "A-I" Vacant land Future Laud Use General commercial General commercial General commercial and medium density residential General commercial Medium density residential Area Development Plan: The Flour BluffArea Development Plan's adopted future land use map recommends the subject property to develop with general commercial uses. Map No.: F18B (113-5) Zoning Violations: City Animal Control has been working with this facility since January 2004. Several field corrections notices were issued to and addressed by the applicants. The applicants are also working with Code Enforcement to clean the debris and Irash from the premise. Zoning Report Case No. 0404-08 (Ross & Judith Sisson) Page 2 · Applicant is requesting an ~'I-2" Distr/ct in order to continue to operate a kennel/arfimal rescue facility. The applicant has achieved 501c3 status as a not-for-profit facility as an animal rescue operation. Staffis classifying the rescue shelter as a kennel because the Zoning Ordinance does not have an animal rescue facility as a listed use. Applicants had a number of pigs, but have since reduced the number of pigs and will restrict future pigs to one pet pig. The requested "I-2" Dislrict permits uses that are not consistent with the Flour Bluff ADP and with the development of the area. · ~lhe applicant is willing to accept a Special Permit to allow the use with reasonable conditions. lhe kennel/animal rescue facility can be allowed with a Special Permit without having to change the underlying zone. The SP for a kennel/animal rescue facility can establish the number of rescued animals, prohibit specific animals or size of animals and set a specific time period for compliance and impact review. Street Type Paved Section Volume (2001) 60-£oot ROW with 40-foot Gadwell Styeet Local hack-to-back paved section N/A 80-foot ROW with 40-foot Laguna Shores Road Parkrway back-to-back paved section 4,210 vpd with hike/bike path The existing animal rescue facility and grooming shop may fit into the area provided that it is kept in sanitary conditions. This can be accomplished by providing adequate drainage for the facility, provide pads outside the flood prone areas for the animals, better and more stable fencing to separate the animals, and general maintenance of property. The applicant is in the process of removing the debris that had accumulated on the property. During the writing of this report, Staff inspected the property and found that the number of animals has been reduced, the animals are being well cared for, drinking water was clean and overall, it had improved its appearance. There is one adult pig that the applicant would like to keep until it passes away. Zomng Report Case No. 0404.-08 (Ross & Judith Sisson) Page 3 Denial of the requested "I-2" District, and in lieu thereof, approval of a Special Permit for a kennel/animal rescue facility subject to a site plan and the following conditions: 1. USES: The only use authorized by this Special Permit other than those uses permitted by right in a "B-2" Bayfront Business Dis~ict is a kennel/animal rescue facility. 2. ANIMALS: Thc kennel/animal rescue facility shall be limited to the following: Birds - not to exceed thirty (30) Cats not to exceed thirty (30) Dogs - not to exceed thirty (30) Horses - not to exceed two (2) Rabbits not to exceed thirty (30) No more than six (6) dogs, cats, or rabbits may be kept inside the residence/office or in the animal grooming salon. 3 PROI:rlllITED ANIMALS: Large animals, including but not limited to cattle, emus, llamas, etc., and swine are not permitted in the facility except for one adult pig existing on the premise shall be allowed until the pig's demise. 4. SLAUGHTERING: The slaughtering of animals on the property shall not be perrmtled. 5. ANIMAL WASTE: In accordance with Chapter 6, Article IV, Section 6-37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat-proof and fly-tight container until the waste is properly disposed. 6. FEED STORAGE: In accordance with Chapter 6, Article IV, Section 6-38 of the City Code of Ordinances, the storage of feed must be kept in a rat-proof, fly-tight building, box, container, or receptacle 7. PONDING: Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. MAINTENANCE: The property shall be kept in a neat appearance at all time. Existing debris, tires and junk vehicles must be removed within thirty (30) days fi.om the date of this ordinance. 9. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. All required licenses and perm/ts must be obtained no later than six (6) months from the date of tkis ordinance. Two (2) inspections, as directed by the Director of Development Services or designee, will be performed six (6) months apart during the first year of the Special Permit. Zoning Report Case No, 0404-08 (Ross & Judith Sisson) Page 4 Denial of the "1-2" District and in lieu thereof, approval ora Special Permit for a kennel/animal rescue facility subject to a site plan and nine (9) conditions as per StaWs recommendation. Notices Mailed - 12 Favor - 1 Opposition - 1 Attachment: Zoning map Letter from Dr. Michael Silvers, Department of Health B-2 A-1 R-lB ALEX-04-02-04 Case Z0404-08 Notice Map NORTH To: Date: Subject: Michael Silvers sisson, ross 4/1 4/2004 5:32:29 PM Re: Animal Control Citation? reply Silvers Dear Mr. Sisson, Thank you for meeting with me last night. My officer has confirmed that you were cited for a rabbit cage without water and lack of shelter fo~ three other areas (namely chickens). These citations are valid according to what you have told me and they will remain enforced. After listening to both you and officers from Animal Care Set-vices (ACS) it is clear that there is a very long history (dating back to 2002) between your facility and ACS. You have made considerable improvements over the years and your facility no Io~ger slaughters animals, boards horses or ties animals down without proper shelter or water and the number of complaints filed by the public have dwindled down to zero since the new year. By your own admission many of these improvements have come about through the efforts of the ACS and yourselves working together. I was happy to see that all of your animals now appear to be in good health and normal behavior. I feel that your facility will continue to be a benefit to our community, but only if the animals are well cared for. To that end I have instructed our ACS team to decrease all routine inspections to only one per month However, should there be any complaints from the public these inspections will increase in frequency. One important item for you to watch is adequate animal hydration, be certain to keep all animals with water, failure to do this can result in a citation. Our ACS Director, Cherrie Stunz, will visit with you shortly and will offer to work with you in developing a plan for ongoing quality animal care if you would like. I am certain if we work together your facility w~ll benefit as well as the citizens of Corpus Christi. Thank you. Dr. Michael Silvers Corpus Chdsti Health District 1702 Home Rd CC, TX. 78416 (361) 851-7205 phone (361) 850- 1343 fax Planning Comrmssion Minutes April 21, 2004 b) 0404-08 - Ross and Judith Slsson REQUEST: Change of zoning from "B-2" Bayfront Business District to "I-2" Light Industrial District to continue operating a kennel/small animal rescue shelter Exerts from Zoning Report The property address/area: Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 399 acres out of Lot 23 and Gadwell Addttion, Block 1, Lots 2 and 3, located on the southwest corner of Gadwell Street and Laguna Shores Road. Area Development Plan: The Flour Bluff Area Development Plan's adopted future land use map recommends the subject property to develop with general commercial uses. The applicant is requesting an "I-2" District in order to continue to operate a kennel/animal rescue facility. The applicant has achieved 501c3 status as a not for-profit facihty aa' an animal rescue operation. Staff is classifying the rescue shelter as a kennel because the Zoning Ordinance does not have an animal rescue facility as a listed use. The requested "1-2" District permits uses that are not consistent with the Flour Bluff ADP and with the development of the area. The applicant is wilbng to accept a Special Permit to allow the use with reasonable conditions. The SP for a kennel/animal rescue facility can establish the number of rescued animals, prohibit specific animals or size of animals and set a specific time period for compliance and impact review Staff recommends denial of the requested "1-2" District, and in lieu thereof approval ora Special Permit for a kennel/animal rescue facility subject to a site plan and special condittons Mr. Miguel Saldafia, City Planner, displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 12 notices mailed One was received in favor and one in opposition. Chairman Berlanga verified that the applicant was in full understanding and agreement of the terms of the special permit. Chairman Berlanga opened the public hearing. Judith Sisson, 2502 Laguna Shores, came forward and stated she would like to continue to operate as an animal rescue facility. She has been rescuing animals since 1998. The City has severe pet over-population and continues to use euthanasia as a solution to the problem. She would like to continue to rescue animals using the special use permit. She stated that she understands all of the conditions that staff is recommending. Chairman Berlanga went over the promsions of the special pcLmlts. Ms. Sisson stated concerns regarding the limit of the number of dogs perm/tted to be boarded on the property due to more than one or two dogs giving birth in a short amount of time. She has foster homes for the excess animals. Ms. Barbara Bailey, Director of Development Services, stated that as long as they were off property, it would not be a violation. Mr. Don Winkley, owns property across from subject property, 2519 Laguna, and currently live at 4518 Greensboro. He stated that the subject property, as well as his property, has been in poor condition for some time. It is subject to flooding constantly and is in extreme disrepair. It has gotten worse and worse over the years. planning commission Minutes April 21, 2004 Case No. 0404-08 (Ross and Judith Sisson) Page 2 Joe Hansler, 1515 Caribbean, came forward to speak in favor for the Sissons' to continue conducting their business. He has kept 44 horses in Flour Bluffover the years and the Sisson have served him with feed once weekly for many years without fail. The Sissons' treat their arfimals' right. They keep their animals happy and fed. Comrmssioner Berlanga closed the public hearing. Motion was made by Salazar, seconded by Zamora for denial of the "I-2" Dis~ict and in lieu thereof, approval ora Special Permit for Kennel/animal rescue facility subject to special conditions. The motion was passed unanimously. Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS AND JUDITH SlSSON, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 54, BEING 1.399 ACRES OUT OF LOT 23 AND GADWELL ADDITION, BLOCK 1, LOTS 2 AND 3, (CURRENTLY ZONED "B-2" BAYFRONT BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A KENNEL/ANINMAL RECUE FACILITY SUBJECT TO A SITE PLAN AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross and Judith Sisson 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, April 21,2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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 granting a Special Permit for a kennel/animal rescue facility in Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, (currently zoned "B-2" Bayfront Business District), located on the southwest corner of Gadwell Street and Laguna Shores Road, as shown on the attached Exhibit. (Map F18B) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan a~tached as Exhibit A and the following nine (9) conditions: USES: The only use authorized by this Special Permit other than those uses permitted by right in a "B-2" Bayfront Business District is a kennel/animal rescue facility. H:'~E G-DIR~J OS E PH~ZONING ~4\0404-08S p E CIALP ERMIT. DOC Page 2 of 4 2. ANIMALS: The kennel/animal rescue facility shall be limited to the following: Birds - not to exceed thirty (30) Cats - not to excccd thirty (30) Dogs - not to exceed thirty (30) Horses - not to exceed two (2) Rabbits - not to exceed thirty (30) No more than six (6) dogs, cats, or rabbits may be kept inside the residence/office or in the animal grooming salon. PROHIBITED ANIMALS: Large animals, including but not limited to cattle, emus, llamas, etc., and swine are not permitted in the facility except for one adult pig existing on the premise shall be allowed until the pig's demise. 4. SLAUGHTERING: The slaughtering of animals on the property shall not be permitted. 5. ANIMAL WASTE: In accordance with Chapter 6, Article IV, Section 6-37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat-proof and fly-tight container until the waste is properly disposed. FEED STORAGE: In accordance with Chapter 6, Article IV, Section 6-38 of the City Code of Ordinances, the storage of feed must be kept in a rat-proof, fly-tight building, box, container, or receptacle. 7. PONDING: Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. MAINTENANCE: The property shall be kept in a neat appearance at all time. Existing debris, tires and junk vehicles must be removed within thirty (30) days from the date of this ordinance. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. All required licenses and permits must be obta. ined no later than six (6) months from the date of this ordinance. Two (2) inspections, as directed by the Director of Development Services or designee, will be performed six (6) months apart during the first year of the Special Permit. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, H:%EG-DIR~J OSEPI-AZONIN G-O4~,404 -08 S P ECIAL PERMIT. DOC Page 3 oi' 4 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25~h day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ JosephHa~n~eey~ ' ~ '0 Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~_EG~IR~IOS E P H~_O NIN G~4\0404~)8 SP ECIALP E RMIT. DOC Page 4 of 4 Corpus Christi, Texas __ day of ,2004 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 H:'J_EGq:)IRU OS E P H~ZONIN G-04'~404 ~8S P E CIALPE RMIT, DOC 11:53 FROM:CITY 0~ CC~PUS C~RIS ~618~26556~ T0:988~39 p.13x15 FROM:CITY ~c CORPUS CHqlS 3618E~356~ T0:S~Z~q39 P.14~15 EXHTBIT "A" Bein9 a portion of Lot No. Twenty-three (23) in Section' No. FiftF-four (54) of the Flour Bluff and Encinal Farm e~d Garden Tracts, as shown by the map or plat thereof, recorde~ in Volume "A" Pa~es 41 to 43 both inclusive, of the Map Records, Nueces County, Texa~, to which reference is here made for all perti~e purposes: said tract bain9 m~re particularly describedby metes end boLt~ds as follows, to-wit: B~INNING at the point of intersection of the Northwest boundary l~e of the= certain tract of land conveyed by Wesley Ray Dt~%c~%, et ~ to L. F. Brothers by Deed dated ~y 21, 19~7, reco~ed in Volume 231, Pa~e 132, of ~he Deed Ketone of ~ecee Co~ty, T~B, and the Northeast boun~ry line of ~ No. 23 the Northeast co--er of this tract, said Co~ler ~arin~ NO. ~40Z the Flour Bluff ~d ~cinal Fa~ ~d G~den ~, North 61 deg. West alon~ the aforemencton~ bo~ line of ~t NO. 23, a distance of ~8 feet ~o a afor~ntioned Lot No. 23, for the Northwes~ co,er o~ tract; ~, Sounh 29 de~. west al~ the Northwes~ ~d~ line of ~t No. 23, pass a 5/8" iron r~ at 39', in all a ~s~ce of co--er of this tract; the sa~ bein~ the Northwest Co~r of a tract of l~d in the n~e of James M. Alphin et ~; ~, S~ch 61 de~. East along a line that i~ p~allel to Northeast bo~ line o~ the tract here~ descr~d, the bein~ the Northeast bounda~ line of said Ja~s ~. ~hin et Tract, a ~C~ce of 448 feet to a 5/8" iron r~ ~ ~e Northwest b~nd~ line of that cerCa~ tract of l~d con~ by Wesl~ ~y ~can et ux ~o L. F. Brothers ~ ~ ~ May 21, 1937, reco~ ~n Volu~ 231, ~a~ 132, of ~e ~ed Reco~s of Nueces County, Texas. for the Southeast co,er of =his the said L. F. Brothers ~act, as afor~ention~, ~ss a 5/8" iron ~ a~ 97', in all a distance of 136 feeC to a S/e" iron r~ ~or ~he Place o~ e~ginnin~. FR~:CITY OF ~ CFi~IS ~18L~,~568 TO:'-J~II4~.39 P.15x15 Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS AND JUDITH SISSON BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 54, BEING 1.399 ACRES OUT OF LOT 23 AND GADWELL ADDITION, BLOCK 1, LOTS 2 AND 3, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross and Judith Sisson 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, Apdl 21,2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, located on the southwest comer of Gadwell Street and Laguna Shores Road, from "B-2" Bayfront Business Distdct to "1-2" Light Industrial District, as shown on the attached Exhibit. (Map F18B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 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:~EG-DIR~.IOSEPH~ZONING~4~)404-08REGULAR.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 25~h day of May, 2004 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~//% Joseph H~eney % Assistant City Attorney For City Attorney 2004 Samuel L, Neal, Jr. Mayor, The City of Corpus Chdsti H:~.EG-DIR~JOSEPF~ZONING-04~404-08 REGULAR.DOC Page 3 of 3 Corpus Chdsti, Texas day of ,2004 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 Scoff H:~LEG-DIR~JOSEPFI~_ONING-04~;)404-08REGULAR.DOC MAY-18-E~4 11:55 FROM:CITY OF Cl~PUS C~IS Z~i~-~ T0i~8~39 P.1~/15 ~Ip~J LOT 2.~ FLOU~ I~I..0~6 4 E~r'I~AL ~41~M AUP TR. ACTB, ~ ECTIOI~I ~- POP.: F~OB~ I~'. FK~D~:CITY C~ ~ CHIS Oq EXHIBIT Being a portion of Lot No. Twenty-three (23) in Section' No. FiftF-four (54) of the Flour Bluff and Encinsl FaT~n ~ld Garden · ~racts0 as shown by the map or plat thereof, recorded in Volume "A". Pages 41 to 43, both inclusive, o£ the Map Records, ~eces County, Texas, to which reference is here ~de for all part.ant purposes; maid tract being more particularly described, by metes and bo%h'lds as follows, to-wit: BEGINNIN~ at the point of intersection Of the Northwest boundary line of thec certain tract of land conveyed by Wesley 19Y7,3 DUnCER, et ux to L, F. Brothers by Deed dated my 21, recorded in Volume 23i. Pa~e 132, of the Deed Kecords of N~eces County, Texas, and the Northeast boundary line of ~t No. 23 for the Northeast come= of this tract, said co.%er ~arin~ North 29 d~. East a distance of 1320 feet and south 61 de~.~ast a distmce of 3748 fee~ from the southwest corner of said S~ction NO. 54 o~ the Flour Bluff and Encinal Farm ~nd Garden T~-~cte; · ~{ENCE, North 61 deg. West along the aforementioned Norl:he~t bou~%dary line of Lot NO. 23, a distance o£ ~8 feet ~o a 5/8" iron rod in the same, bein~ the Northwest comer of the aforementioned Lot NO. 23, for the Northwest cool, er Of t_hie tract; %~4ENCE, South 29 de~. West along the Northwest b<~nd~ line o~ Lot 1~o, 23, pass a 5/8 mron rod at 39', in all a d~Stm~ce of 136 feet to a ~/8" iron rod in the same, for the So%~t~w~et corner of this tract; the same bein~ the Northwest co--er of a tract of l~nd in the name of James M. Alphin et ~x; ~"~]~CE, South 61 deg. East along m line that is ~arallel to the Northeast boundary line of the tract herein describ~d, the sa~ betn~ the Northeast boundaz], line of said Ja~s M. ~ul~hin et ~ Tract, a di~ce of 448 feet to a 5/8" iron r~ ~ ~e Northwest bound~ line of that certa~ tract of l~d con~y~ by Wesley Ray ~can et ux co L. F. Brothers ~ ~ ~ May 21, 1937, reco~ed in Volu~ 231, Wa~e 132, of =he Deed Reco~s of Nueces County, Texas, for the Southeast co,er of ghis tract; · ~u~C~, North 29 de~. East along the Northwest k~un~ry line of the ~aid L. F_ Brothers Tract, as aforeme--~tioned, ~ee a 5/8' iron ~ ~t 97', in ~11 a dis=ante of 136 feet to a ~/s" iron 5'Ho~Es R b. 15 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Actaun Date: May 25, 2004) Case No.: 0404-09, Myers Real Estate Company: A change ofzuning from an "AB" Professional Office DisCcict with a "SP' Special Permit to a "B-I' Neighborhood Business Dis~ct. The property is m River Forcst Acres, Block J, Lot 28, located at the intersection ofU. S. Highway 77 access road and Calallen Drive. Planning Commission and StafFs Recommendation (04/21/04): Approval. Requested Council Action: Approval of the "B- 1' Neighburhood Business Distxict und adoption of the ai~ached ordinance. Purpose of Request: To lease or sell property to a women's exercise studio establishment or to another compatible neighborhood business use. Summary: · Applicant is requesting a change of zoning from "AB"/SP Professional Oi~ce District with Special Permit to a "B-I" Neighborhood Business District, · Special Perrmt was issued in the 19§0's for a larger sign than allowed m the "AB" Dislrict. · The owner of the property intends to lease or sell the vacant t~vo-story building, consisting of 2,236 squaxe feet, to a women's exercise studio establishment or to another compatible neighborhood business use. · A nninmum of twelve parking spaces is requLred for an exercise studio on the subject property, Fourteen pa~kmg spaces are established on the subject property. · A 2,236 square foot exercise studio would generate 114 average vehicle tyips, · Access is provided along U.S. Highway 77 frontage road and Calallen Drive, a collector street. The projected traffic generated by the proposed exercise studio would be accorrmmdated by the adjacent roadways. · The Northwest Area Development Plan future land use map supports neighborhood business on the subject property. Apl~licant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the seven (7) notices mailed to the sun:ounding propeay owners, one (1) was returned in favor and none were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Ass'~tor of Develdg~nt Services MGfMSS/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H :~P LN-D1R~ERMA\WOKD~AGEN DMEMX2004~04044)9AGENDAM EMO.DOC CITY COUNCTL ZONING REPORT Case No.: 0404-09 Planning Commission Hearing Date: April 21, 2004 Applicant: Myers Real Estate Company Owner: Same as applicant Agent: Same as applicant Legal Description/Location: River Forest Acres, Block J, Lot 28, located at the intersection of U.S. Highway 77 access road and Calallen Drive. ,,~ ~ m AB /SP Professional Office Disl~ct w~th a Special Permit ~ ~ To: "B-I" Neighborhood Business Dis/xict : Area: %165 feet Purpose of Request: Lease or sell property to a women's exercise studio establishment or to another compatible neighborhood business use. Zoning Site "AB" D~stnct w/SP North "AB" District South "B-4" District East "B4" District West "R-lB" and "B-4" Distr/cts Existing Land Use Vacant building (former real estate office) Multi-family uses Shopping Center Freeway and Retail center School and Shopping Center Future Land Use General commercial Medium-density and general commercial General commercial General commercial General commercial Area Development Plan: Northwest - The future land use map supports neighborhood business on the subject property. The requested "B-I" District is consistent with the adopted plan. Map No.: M9C Zoning Violations: None Zoning Report Cae No. 0404-09 (Myers Real Estate Co.) Page 2 · Applicant is requesting a change of zoning from "AB"/SP Professional Office Disa-iet with Special Permit to a "B-I' Neighborhood Business District. · Special Permit was issued in the 1980's for a larger sign than allowed in the "AB" District. · The owner of the property intends to lease or sell the vacant two-story building, consisting of 2,236 square feet, to a women's exercise studio establishment or to another compatible neighborhood business use · A minimum of twelve parking spaces is required for an exercise studio on the subject property. Fourteen parking spaces are established on the subject property. · A 2,236 square foot exercise studio would generate 114 average vehicle trips. · Access is provided along U.S. Highway 77 frontage road and Calallen Drive, a collector street. The projected traffic generated by the proposed exercise studio would be accommodated by the adjacent roadways. · The Northwest Area Development Plan future land use map supports neighborhood b~iness on the subject property. Street Type Paved Section Volume (2001) U.S.Highway77(aceess rd) Freeway 400'R.O.W.w/208'pavement 43,700 a.d.t. Calallen Drive Collector 60' R.O.W. w/40' pavement 3,100 a.d.t. Teague Lane Collector 60' R.O.W. w/40' pavement Not available The requested "B-I" District is consistent with the adopted Northwest future land use map. Approval of the "B-I" District Zoning Report Case No. 0404-09 (Myers Real Estate Co.) Page 3 Approval of the "B-I" Dislrict. Notices Mailed 7 Opposition - 0 Attachment: Zoning map H :~P LN-D IR~ERMA\WORD~ZONRPTS~2004~M 044~gCCREPORT.DOC R-lB SUBJECT PARCEL B-4 AB/SP D B-4 ALEX-04-02-04 Case Z0404-09 Notice Map NORTH P~ann~n~ comrmssion Minutes April 21, 2004 e) 0404-09 - Myers Real Estate Company REQUEST: Change of zoning from "AB"/SP - Professional Office Dislrict with a Special Permit to "B- 1" Neighborhood Business District to lease or sell property to a women's exercise studio establishment or to another compatible neighborhood business use. Ms. Faryce Goode-Macon, City Planner, displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were seven notices mailed. One was received in favor and none in opposition. Excerpts from Zoning Report Property location~address: River Forest Acres, Block J, Lot 28, located at the intersection of U.S. Highway 77 access road and Calallen Drive. Special Permit was issued in the 1980 's for a larger sign than allowed in the "AB" District. The owner of the property intends to lease or sell the vacant two-story building, conststing of 2,236 square feet, to a women's exercise studio establishment or to another compatible netghborhood business use. The Northwest Area Development Plan future land uae map supports neighborhood business on the subject property. The requested "B-1 "District is consistent with the adopted plan. Staff recommendx approval of ibc "B-1 "District. Comrmssioner Berlanga opened the public hearing. Mr. Joe Meyers, 4958 Deer Park and owner of the property, stated he had it as a real estate office for years and believes its time to have it rezone& Commissioner Berlanga closed the public hearing. Motion was made by Richter and seconded by Salazar to recommend approval of the "B-4" zoning. Motion was passed by Amsler, Richter, Berlanga, Salazar, and Smith. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MYERS REAL ESTATE COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER FOREST ACRES. BLOCK J. LOT 28, FROM 'AB"ISP PROFESSIONAL OFFICE DISTRICT WITH A SPECIAL PERMIT TO 'B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Myers Real Estate Company 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, Apdl 21,2004, dudng a meeting of the Planning Commission, and on Tuesday, May 25~, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on River Forest Acres, Block J, Lot 28, located at the intersection of U.S. Highway 77access road and Calallen Drive, from "AB"/SP Professional Office District with a Special Permit to "B-l" Neighborhood Business District. (Map M9C) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 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:~.EG-DIRU OS EPH~_ONINGA~4\O404~09REGU LAR.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 (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 bNO regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED (~1 ~ Joseph Har~ey ~)~'~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti H:~LEG-DIR~JOSEP H~_ONINC_.~O4\O404-O9REGULAR.DOC Page 3 of 3 Corpus Chdsti, Texas __ day of ,2004 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. Ih, ye, 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 H:~EG-DIR',J OS EP H~.ONINGi04\0404-09REGU LAR.DOC 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 25, 2004) Case No.: 0404-10, Texas Cable Partners, L. P.: A change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business Disthct. The property is in Center View Subdivision, Block l, Lot 2, located between Elgin S~eet and Greenwood Drive. Plannin~ Commission and Staff's Recommendation (04/21/04): Approval. Requested Council Action: Approval oftbe "B-I" Neighborhood Business Dislrlct and adoption oftbe at~ached ordinance. Puroose of Request-' For the installation of ground satellite dish that exceeds allowable diameter size. · Applicant is requesting a change of zomng from "R-lB" One-family Dwelling Distxict to "B-I" Neighborhood Business District to allow for a ground satelhte dish that exceeds the allowable diameter size. Dishes in excess of 10 feet (3 meters) in height or more than 10 feet (3 meters) in diameter shall not be pemtii~ed in the "R-lB" District. The proposed dish exceeds the allowed diameter in the "R-lB" District. The diameter of the proposed dish is 15 feet (4.5 meters) · A dish is not pernfitted in any front yard setback area or side yard setback w/th adjacency to may roadway. · Ground mounted dish in excess of five feet (1.5 meters) in hmght shall bc screened fi-on, roadways and adjacent property by a tmmnmm 6-foot high screening fence, evergreen hedge, or rnasom-y wall, The subject property is between a corridor with "R-lB" and "B-I" District properties, The future land usc map recommends low-density residential uses. A modificahon to the future land use map requixed for the "B-I" Distxict. The "B-I" District is supported as an extension of the existing "B-I" Dislxict area to the north along Baldwin Stxeet and Greenwood Drive. as well as the "B-I" District to the south along Sonora Street and Greenwood Dr/ve. Apolicant's Position: The applicant concurs with Plarmmg Cormmssion and Staff's recommendation. Notification: Of the thirty-four notices mailed to the sun-ounding property owners, none were returned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial. MG/IV[S S/er Attachments: 1) Zomng Report 2) Planning ComnUssion Minutes 3) Ordmance H 5P LN-DIR~ERM A\WORD~AGEN DM EMX20~4~0404 - 10AGENDAM EMO.DOC C'rTY COUNC'rL ZON'rNG REPORT Case No.: 0404-10 Planning Commission Hearing Date: April 21, 2004 Applicant: Texas Cable Partners, L.P. Owner: Same as applicant Agent: Time Warner Cable Legal Description/Location: Center View Subdivision, Block 1, Lot 2, Slxeet and Greenwood Drive. located between Elgin From:"R-1B" One-family Dwelling District To: "B-I" Neighborhood Business District Area: 0.687 acres (29,920 square feet) Purpose of Request: Installation of ground satellite dish that exceeds allowable diameter size. Zoning Site "R-lB" Districts North "R-lB" and"B-l" Districts South "R-lB" and"B-l" Districts East "R-lB" and "AB" Districts West "R-lB" District Existing Land Use Wireless Telecommunication Equipment Building Low-density residential and General commercial Cell Tower and Restaurant Low-density residential and Office Low-density residential Future Land Use Low-density residential Low-density residential and General commercial Low<lensity residential Low-density residential Lowqtensity residential Area Development Plan: Westside- The future land use plan recommends low-density residential for the subject property. A modification to the future land use map is required for the "B-I" District. The "B-I" District is supported as an extension of the existing "B-I" District area to the north along Baldwin Street and Greenwood Drive, as well as the "B-l" District to the south along Sonora Sl~'eet and Greenwood Drive. The block area between Baldwin S~eet and Sonora Street is transitioning to neighborhood business uses. Map No.: J15A Zoning Violations: None Zoning Report Cae No. 0404-10 (Tex~ Cable Partners, L. P.) Page 2 Applicant is requesting a change of zoning from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business Dis~ict to allow for a ground satellite dish that exceeds the allowable diameter size. Dishes in excess of 10 feet (3 meters) in height or more than 10 feet (3 meters) in diameter shall not be permitted in the ~'R-1B" District. ~he proposed dish exceeds the allowed diameter in the "R-lB" District. The diameter of the proposed dish is 15 feet (4.5 meters) A dish is not permitted in any front yard setback area or side yard setback with adjacency to any roadway. Ground mounted dish in excess of five feet (1.5 meters) in height shall be screened from roadways and adjacent property by a minimum 6-foot high screening fence, evergreen hedge, or masonry wall. The subject property is between a comdor with "R-lB" and "B-I" District properties. The future land use map recommends low-density residential uses. A modification to the future land use map is required for the "B-I" District. The "B-I" District is supported as an extension of the existing "B-1" District area to the north along Baldwin Street and Greenwood Drive, as well as the "B-I' District to the south along Sonora Street and Greenwood Drive. Street Type Greenwood Drive Arterial Elgin Street Local Paved Section Volume (200~) 80'R.O.W. w/62' pavement 6,560 a.d.t. 50' R.O.W. w/28' pavement Not available A change of zoning to a "B-I" District is an extension of the "B-I" Dis~ict areas to the north and south. Approval of the "B - 1" District Zoning Report Case No. 0404-10 (Texas Cable Parmers, L. P.) Page 3 Approval of the "B-i" District. Notices Mailed 34 Favor - 0 Opposition - 0 Attachment: Zoning map H:~P LN-DIR~ERMA\WORDXZDNRPTSX20q34~04 - 10CCII.EPORT.DOC ALEX-04-02-04 Case Z0404-10 Notice Map NORTH Plarmmg Commtssion Minutes April 21, 2004 1') 0404-10 - Texas Cable Partners, L. P. REQUEST: Change of zoning ~om R-lB" One-family Dwelling District to "B-I" Neighborhood Business District for the installation of groand satellite dish that exceeds allowable diameter size. Ms. Fa~yce Goode-Macon, City Planner, displayed graphics of thc subject property and the su~ounding area. The zoning report and tape recording are on file. She stated that there were 34 notices mailed. None were received in favor or in opposition. Exerts from Zoning Report The properly address/area: Center V/ew Subdivision, Block 1, Lot 2, located between Elgin Street and Greenwood Drive. Dishes in excess of l0 feet (3 meters) in height or more than lO feet (3 meters) in diameter shall not be permitted in the "B-lB "District. The proposed dish exceeds the allowed diameter in the "R-lB" Dtstrict. The diameter of the proposed dish is 15feet (4.5 meters) A dish is not permitted in any front yard setback area or .vide yard setback with adjacency to any roadway. Ground mounted dish in excess offive feet (1.5 meters) in height shall be screened from roadways and adjacent property by a minimum 6foot high screening fence, evergreen hedge, or masonry wall. Staff recommends approval of the "B-1 "District. Commissioner Berlanga opened the public hearing It was stated that by looking at the photos, the property appeared to be overrun with weeds and unkempt. Thc property was currently being mowed. We can follow up with Code Enforcement to check the property. Commissioner Berlanga opened the public hearing. Ms Aurora Diaz, 2717 Elgin, came forward to express her concern with the tall weeds and with people dumping Wash on the subject property. She and her husband have cleaned up the property several times and it's getting to be too much. Commissioner Berlanga closed the public hearing. Motion was made by Richter and seconded by Salazar to recommend approval of the "B4" zoning. Motion was passed by Amsler, Richter, Berlanga, Salazar, and Smith. Page 1 ol~ 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TEXAS CABLE PARTNERS, L. P. BY CHANGING THE ZONING MAP IN REFERENCE TO CENTER VIEW SUBDIVISION, BLOCK 1, LOT 2, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Texas Cable Partners, L.P. 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, April 21, 2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, during a meeting of the City Council, in the Council Chambers1 at City Hall, in the City of Corpus Christi1 during which all interested persons were allowed to appear and be heard; and VVHEREAS, 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 Center View Subdivision, Block 1, Lot 2, located between Elgin Street and Greenwood Drive, from "R-1B" One-family Dwelling District to "B-l" Neighborhood Business District (Map J15A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:g-EG-DIR~IOSEP H~ZONING-04\0404-10REGULAR.DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (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 25Ih day of May, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED I,~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIRkJOS EPI-AZONING-04\0404-10REGULAR.DOC Page 3 of 3 Corpus Chdsti, Texas day of ,2004 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 W~lliam Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~EG-DIR~OSEPH~_O NING-04\0404- IOREGUL_AR.DOC '17 CITY COUNCIL AGENDA MEMORANDUM Date: May 25, 2004 AGENDA ITEM: An ordinance enacting Adicle III of Chapter 13 of the Code of Ordinances to establish an identification, registration, and enforcement process related to vacant buildings and structures. ISSUE: Vacant properties are an attraction to vagrants, gang members, and other criminals that propose a threat to the public health, safety, and welfare of the City. PRIOR COUNCIL ACTION: On April 13, 2004, staff provided City Council with a presentation regarding the proposed vacant building ordinance. REQUIRED COUNCIL ACTION: City Council action is required for the authorization and implementation of an ordinance, Article III Section 13. FUTURE COUNCIL ACTION: Second reading and final adoption of the vacant buildings and structures ordinance. FUNDING: No funding requirements. RECOMMENDATION: Staff recommends the approval and adoption of the vacant buildings and structures ordinance. I~01, ~ Jonathan Wagner, NSD Acting Director ADDITIONAL SUPPORT MATERIAL Background Information BACKGROUNDINFORMATION The goals of the proposed ordinance are 1) to establish a program for identification and registration of vacant buildings, 2) determine the responsibilities of owners of vacant building and structures, and 3) provide for administration, enforcement, and penalties. The first goal will require the owner to register the vacant building or structure with the City within 30 days after the vacant building or structure becomes vacant. The City will require a registration requesting basic information. This will allow the owner to present a plan and timetable for returning the building or structure to an appropriate use or demolition of the vacant building or structure. If ownership o1' the building or sl~ucture is transferred, the new owner is required to register or re-register the building or structure within 30 days of the date of transfer. The second goal of the ordinance will require the owner to clean the vacant building or structure and to secure or board up in accordance with the "board up" specifications of the ordinance. If the board up fails to keep the building or structure secure, the owner must install a fence around the building or structure. If boarding, fencing, using electronic monitoring systems, or other methods fail to secure the building or structure, the owner must have a watchman on duty at certain times during the day until the building is either legally occupied or demolished. The City may assess a re-inspection fee of $100 against the owner for each re-inspection for continuous monitoring to ensure compliance. The City Council will receive a list of current and previous vacant buildings or structures every six months. The third goal will allow the City, if a violation is found, to serve the owner with written notice and an order to abate. The owner may be allowed up to 60 calendar days to abate. If the owner fails to abate, the City may, without further notice, abate the violation, and the owner becomes liable for any costs incurred by the City, including administrative expenses, materials, and labor. If the owner fails to pay when invoiced, the City will file a lien on the property for expenses incurred. The owner may appeal any decision to the Building Standards Board. A violation of the ordinance is punishable by a fine up to $2,000, and any person convicted of a subsequent violation of the ordinance may be fined not less than $500 nor more than $2,000. There are some exemptions in the ordinance. A building or structure that suffers fire damage is exempt from the registration requirement for a period of 90 days after a fire, if the owner submits a request for an exemption in writing to the City and provides the required pertinent information. AN ORDINANCE ENACTING ARTICLE III OF CHAPTER 13 OF THE CODE OF ORDINANCES TO ESTABLISH AN IDENTIFICATION, REGISTRATION, AND ENFORCEMENT PROCESS RELATED TO VACANT BUILDINGS AND STRUCTURES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article III of Chapter 13 of the Code of Ordinances, containing sections 13-2001 to 13-2100 is enacted to read as follows: "ARTICLE III. VACANT BUILDINGS AND STRUCTURES "Sec. 13-2001. Declaration of policy. "(a) The City Council finds and declares that: "(1) Buildings and structures that are vacant and unsecured or boarded attract vagrants, gang members, and other criminals as pdme locations to conduct illegal cdminal activities. "(2) Buildings and structures that are vacant and not propedy secured are extremely vulnerable to being set on fire by unauthorized persons. "(3) Buildings and structures that are vacant and unsecured or boarded are a blight and cause deterioration and instability in neighborhoods. "(4) Buildings and structures that are vacant and unsecured or boarded pose serious threats to the public's health and safety, and therefore are declared to be public nuisances. '(5) Immediate abatement and rehabilitation of vacant buildings and structures is necessary. "(b) The purpose of this article is to protect the public health, safety, and welfare of the city. "(c) This article: "(1) Establishes a program for identification and registration of vacant buildings. "(2) Determines the responsibilities of owners of vacant buildings and structures. "(3) Provides for administration, enforcement, and penalties. Vacant BIdg Oral Final 051804.doc 1 "Sec. 13.2002. Definitions. "Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascdbed to them in this section, unless the context of their usage clearly indicates a different meaning: "Administrator means the City's Zoning and Code Enforcement Administrator, or the Director's designees. °Building means a structure, whether portable or fixed, with extedor walls for firewalls, and a roof built, erected, or framed of materials to form shelter for persons, animals, or property. "Dangerous structure means a structure which is potentially hazardous to persons or property, including, but not limited to: "a. A structure that is in danger of partial or complete collapse. "b. A structure with any exterior parts that are loose or in danger of falling. "c. A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. "Owner means the owner or owners of record in the county where the real property is situated, anyone identified as the owner or owners on a vacant building registration form, the holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trustee, lessee, other person in control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. "Secured by normal means means the use of structural components of a building or structure, including fixtures, such as doors, windows, locks, latches, electronic security systems, storm shutters, secudty shutters, and grills or bars installed at window openings that were installed while the building or structure was constructed or added to the building or structure while the building was occupied and being used for lawful purposes. "Secured by other than normal means means a building or structure secured by means other than those used in the design of a building or structure or that are normally installed and utilized while a building or structure is occupied and being used for lawful purposes, and includes boarding. Vacant Bldg Ord Final 051~04.doc 2 "Structure means materials assembled at a fixed location to give support or shelter such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, or mast for an antenna, or fl3e like. "Unoccupied means a building or structure that is not being used for a legal occupancy authorized by the Certificate of Occupancy issued by the City's Building Official. "Unsecured means a building, structure, or portion of a building or strucbJre that is open to entry by unauthorized persons without the use of tools or ladders. =Vacant building or structure means a building, structure, or portion of a building or structure that is any of the following: "a. Unoccupied and unsecured. "b. Unoccupied and secured by other than normal means. "c. Unoccupied and a dangerous structure. "d. Unoccupied and condemned. "e. Occupied by unauthorized persons and unsecured. "f. Occupied by unauthorized persons and secured by other than normal means. "g. Unoccupied and has had two or more property maintenance code violations within the previous twelve month period. "h. Condemned and illegally occupied. "i. Unoccupied for a period of time over three hundred sixty-five (365) days, and dudng which time the Administrator has issued an order to correct any nuisance condition. "Sec. 13-2003. Exception for properly secured vacant buildings. "(a) This article does not apply to an unoccupied building or structure, or a portion of a building or structure, that is: "(1) Not a vacant building, as defined in Section 13-2002. "(2) Secured by normal means. "(3) Being offered for sale or rent by the owner or property manager. "(b) This article does not apply to an unoccupied building or structure, or a portion of a building or structure, that is: Vacan[ Bldg Ord Final 051804.doc 3 "(1) Not a vacant building, as defined in Section 13-2002. ~(2) Secured by normal means. "(3) Being converted to another use authorized by its certificate of occupancy. "(c) This article does not apply to an unoccupied building or structure, or a portion of a building or structure, that is: "(1) Not a vacant building, as defined in Section 13-2002. ~(2) Secured by normal means. "(3) Being modified or altered for another occupancy classification. "Sec. 13-2004. Enforcement autflortty. "(a) The Administrator administers this article. "(b) The Administrator, the Administrator's designees, and other Code Enforcement Officials are authorized to enforce the provisions of this article_ "(c) The Administrator will keep a file on all vacant buildings and structures in the City. The file may include any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status, or blighting influence of the vacant building or structure. "Sec. 13-2005. Vacant building or structure registration. "(a) The owner shall register with the Administrator not later than thirty (30) days after any building or structure in the City becomes a vacant building or structure. "(b) The vacant building or structure registration must be submitted on forms provided by the Administrator and include the following information supplied by the owner: "(1) A description of the premises. "(2) The names and addresses of the owner or owners. "(3) The names and addresses of all known lien-holders and all other parties with an ownership interest in the building or structure. "(4) The pedod of time the building or structure is expected to remain vacant. "(5) A plan and timetable for returning the building or structure to lawful occupancy and use, rehabilitation, maintenance of the building or structure for investment purposes, or for demolition of the vacant building or structure. Vacant ~ OR Final 051804.doc 4 "(6) Identify the factors that cause [he building or structure to remain vacant, if the owner plans to leave the building vacant for a pedod longer than one year. "(7) A plan for regular maintenance dudng the period of vacancy, including measures to prevent trespassers. "(8) Any additional information required by the Administrator. "(c) The owner shall notify the Administrator of any changes in information supplied as part of the vacant building or structure registration within thirty (30) days of the change. If the plan or timetable for the vacant building or structure is revised in any way, the revisions must be approved by the Administrator. "(d) The new owner shall register or re-register the vacant building or structure with the Administrator within thirty (30) days of any transfer of an ownership interest in a vacant building or structure. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted to and approved by the Administrator. "Sec. 13-2006. Vacant building or structure registration fees. "(a) The owner of a vacant building or structure shall pay an annual vacant building or structure registration fee of three hundred sixty dollars ($360.00) for the period the building or structure remains a vacant building or structure. The fee must be reasonably related to the administrative costs for registering and processing the vacant building or structure owner registration form and for the costs of the City in monitoring the vacant building or structure site. "(b) The owner of a building or structure, which is a vacant building or structure on the first day of October, shall pay the annual vacant building or structure registration fee for any building or structure not later than the last business day in October. The failure to pay the annual fee by the last business day in October is a violation of this article. "(c) The owner of a building or structure, which becomes a vacant building or structure, shall pay the first annual vacant building or structure registration fee must be paid not later than thirty (30) days after the building or structure becomes vacant. The first annual vacant building or structure fee shall be prorated by the number of months or portion of months that the building or structure was classified as a vacant building or structure. The failure to pay the annual fee within the thirty (30) day peded is a violation of this article. "(d) The annual vacant building or structure registration fee must be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. "(e) All delinquent annual vacant building or structure registration fees must he paid by the owner prior lo any transfer of an ownership interest in any vacant building or structure. If the annual vacant building or structure registration fees are not paid prior to any transfer, the new owner shall pay the annual vacant building or structure Vacanl Bldg Oral Final 051804.doc 5 registration fee no later than thirty (30) days after the transfer of ownership and subsequent annual vacant building or structure registration fees must be due on the new anniversary date. "(f) The owner of a vacant building or structure, who is required to submit a change or amendment to the vacant building or structure registration, including a vacant building or structure plan and timetable, shall pay a fee for the amendment that is equal to one half of the annual vacant building or structure registration fee each time a change or amendment is submitted to the Administrator. "Sec. 13-2007. Vacant building or structure plan and timetable. "(a) The owner shall submit a plan and timetable for: "(1) Returning the building or structure to a lawful occupancy and use. "(2) Demolishing the building or structure_ "(3) Rehabilitation of the building or structure. "(4) Measures that will be taken to ensure that a vacant building or structure, which is being retained for investment purposes, does not adversely effect the property values of adjacent property. "(b) The plan and timetable must be submitted with the vacant building or structure registration form. "(c) The vacant building or structure plan and timetable must address the measures the owner will employ to secure the building or structure to prevent access by trespassers. One of the following methods must be used to secure the building or structure: "(1) Installation and maintenance of adequate windows and doors "(2) Installation and maintenance of secudty shutters, gdlls, and bars. "(3) Installation and maintenance of adequate locks for windows and doors. "(4) Installation, operation, and monitoring of an electronic secudty system, which monitors all doors and windows, and includes glass breakage sensors, and a method of responding to alarms from the electronic security system, other than reliance on the City's Police Department. "(5) Installation of boards on windows and doors. "(6) Installation of secudty fencing. "(7) Employment of watchmen, who is a licensed peace officer, public secudty officer, commissioned security officer, or non-commissioned security officer. Vacan[ Bklg Ord Final 051804.doc 6 "(8) Any other method approved by the Administrator. "(d) The vacant building or structure plan and timetable must address locations of the waming signs required by Sections 13-2010(b) and 13-2012(b). "(e) The plan and timetable subm~ed by the owner must be approved by the Administrator. "(f) The Administrator may require completion of any modifications or alterations to the building or structure that are required to secure the building or structure within a reasonable period of time, up to three hundred sixty-five (365) days. "(g) Any repairs, improvements, or alterations to the property must comply with any applicable City of Corpus Christi technical construction codes. "(h) All other applicable laws and codes must be complied with by the owner. "Sec. 13-200B. Duty to clean vacant building or structure. "(a) The owner of any vacant building or structure shall remove any waste, rubbish, or debds from the intedor of the structure. "(b) The owner of any vacant building or structure shall remove any waste, rubbish, debds, or excessive vegetation from the yards surrounding the vacant structure. "(c) The owner shall keep the premises propedy maintained until the rehabilitation or demolition has been completed. "(d) Failure of the owner to maintain the premises that result in a summary abatement completed by the City is grounds for revocation of the approved vacant building or structure plan and timetable, and the owner is subject to any applicable penalties. "Sec. 13-2009. Duty to secure or board vacant building or structure. "(a) The owner of any vacant building or structure shall lock, barricade, or secure all doors, windows, and other openings to the vacant building or structure. "(b) The owner shall keep the building or structure secured and safe and the premises properly maintained until the rehabilitation or demolition has been completed. "(c) Failure of the owner to maintain the building or structure that result in a summary abatement completed by the City is grounds for revocation of the approved vacant building or structure plan and timetable, and the owner is subject to any applicable penalties. "Sec. 13-2010. Standards for boarding a vacant structure. "(a) Except as provided in subsection (c) of this section, the owner shall board a vacant building or structure under the following specifications and requirements: Vacant Bldg Ord Final 051804.doc 7 "(1) All unsecured doorways, windows, or extedor openings must be barricaded with minimum 1/2 inch thickness extedor grade plywood that extends to the molding stops or studs. "(2) At least two wood stocks of minimum 2 inch by 4 inch thickness must be mounted to the reverse face of the plywood with minimum 3/8 inch carriage bolts mated with nuts and two fiat washers. "(3) The stock must extend a minimum of eight (8) inches on each side of the interior wall. "(4) All hardware must be stainless steel or galvanized or cadmium plated. "(5) All extedor barricade material must be painted the predominant color of the structure, or a color approved by the Administrator. "(b) The owner of a boarded vacant building or structure shall post the premises. "(1) One or more signs must be posted at or near each entrance to the building or structure and on fences or walls, as appropriate. "(2) The signs must remain posted until the structure is either lawfully occupied or demolished. "(3) The signs must contain the following information: "DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted." "(c) Instead of boarding a structure in the manner specified in by subsection (a) of this section, the Administrator may allow the owner to secure the vacant building or structure in a manner in which the Administrator determines adequately prevents unauthorized entry or vandalism. "Sec. 13-2011. Painting exterior wood panels on boarded-up building or structures. "When an owner boards up a building or structure within the City, the owner shall apply at least one coat of exterior paint to the extedor wood panels installed on all openings, windows or doors. The coat of exterior paint must be the predominant color of the building or structure or a color approved by the Administrator. Vacan[ BIdg Ord Final 051804.doc 8 "Sec. 13-2012. Installing fence around the pedmetar of building or structures. "(a) If the boarding of a vacant building or structure fails to keep ~ building or structure property secured, the owner shall install a minimum eight-foot high chain link fence around the perimeter of the building or structure. "(b) The owner of a fenced vacant building or structure shall post the premises. "(1) One or more signs must be posted at or near each entrance to the building or structure and on fences or walls, as appropriate. "(2) The signs must remain posted until the structure is either lawfully occupied or demolished. "(3) The signs must contain the following information: "DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted." "Sec. 13-2013. Watchman required. "(a) If boarding, fencing, the use of electronic monitoring systems, or other methods fail to keep a vacant building or structure secured, the owner shall have a watchman on duty upon the premises every day continuously between the hours of 4:00 p.m. and 8:00 a.m., unless the building has been secured by methods approved by the Administrator. "(b) The watchman must remain on duty daily dudng the required hours until such building is either legally occupied or demolished. "Sec. 13-2014. Removing or repairing other structures. "An owner shall promptly remove or repair any structure or sign that is in a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. "Sec. 13-2015. Exemptions. "(a) A building or structure that has suffered fire damage is exempt from the vacant building or structure registration requirement for a period of ninety (90) days after the date of the fire, if the property owner submits a request for exemption in writing to the Administrator. "(b) The request for an exemption must include the following information supplied by the owner: "(1) A description of the premises. Vacant Bldg Oral Final 051804.doc 9 "(2) The names and address of the owner or owners. "(3) A statement of intent to repair and reoccupy or demolish the building or structure in an expedient manner. "Sec. 13-2016. Entry or interference with notice prohibited. "(a) No person may enter or occupy any structure or premises that has been posted under Sections 13-2010(b) or 13-2012(b), except to repair or demolish the structure under proper permit or for a purpose authorized by the owner. "(b) No person may remove or deface any notice that has been posted under Section 13-2010(b) or 13-2012(b) until the required repairs or demolition have been completed or a Certificate of Occupancy has been issued by the Building Official. "Sec. 13-2017. Inspections. "(a) The Administrator may inspect any premises in the City for the purpose of enforcing and ensudng compliance with the provisions of this article. "(b) Upon the request of the Administrator, an owner shall provide access to all interior portions of an unoccupied building or structure in order to permit a complete inspection. "Sec. 13-2018. Reinepecflon fee. "(a) The Administrator may periodically reinspect vacant structures to ensure compliance with the provisions of this article. "(b) The Administrator may assess a reinspection fee of one hundred dollars ($100.00) against the owner for actual costs of each reinspection and continuous monitoring of the structure and premises as is reasonably necessary to determine compliance with the standards and procedures in this article. "Sec. 13-2019. Notification. "Once every six (6) months the Administrator shall send to the City Council a list of all vacant building or structures that have become known to the Administrator dudng the preceding six (6) months, as well as a list of all previously declared vacant building or structures that are no longer subject to the provisions of this article. Sec. 13-2020. Notice and Order to Abate. "(a) Upon finding a violation of this article, the Administrator shall serve a written Notice and Order to Abate upon the owner. "(b) The notice must advise the owner of the violation and comply with the requirements of Section 54.004, Texas Local Government Code. The notice may give Vacant Bldg Oral Final 051804,doc 1 0 the owner up to sixty (60) calendar days from the date of the notice to abate the violation. "(c) If the owner fails to abate the violation within the period stated in the notice, the City may, without further notice, abate the violation. The owner is liable for the costs incurred by the City to abate the violation, including any administrative expenses, material, and labor. If the owner does not reimburse the City for its expenses when billed, the Administrator shall file a lien on property for the expenses incurred by the city. "Sec. 13-2021. Continuous abatement authority. "(a) If a vacant building or structure previously abated by the owner or the Administrator under a Notice and Order to Abate again becomes unsecured and open to unauthorized entry within one-year of the Notice and Order to Abate, and the Administrator has not been informed in writing by the owner of an ownership change, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this article. ~(b) If the yards surrounding a vacant structure previously abated by the owner or the Administrator under a Notice and Order to Abate again contain debris, rubbish, waste, or excessive vegetation within one-year of the Notice and Order to Abate, and the Administrator has not been informed in writing by the owner of an ownership change, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this article. "Sec. 13-2022. Abatement cost. "(a) Abatement costs include the costs to perform the actual work, the costs of purchasing any needed materials and tools, and the City's cost to administer any abatement. "(b) Once the abatement is complete, the Administrator shall recover all abatement costs under the procedures found in Chapter 214 of the Texas Local Government Code. "Sec. 13-2023. Continuous public nuisances. "(a) Any vacant building or structure that was originally secured by the owner's voluntary actions may be declared a permanent public nuisance by the Administrator if the structure continues to remain open and unsecured on a periodic basis, and requires any additional reinspection or resecuring of the vacant building or structure. "(b) The Administrator may seek demolition of a vacant building or structure that is a continuous public nuisance by seeking a court order or following any of the administrative abatement procedures found in this chapter. "Sec. 13-2024. Appeal of Administrator's decisions and orders. A person may appeal any decision or order of the Administrator to the Building Standards Board. Vacant Bldg Oral Final 051804.doc 11 "Sec. 13-2025. Altsmative procedures. Nothing in this article may be deemed to abolish or impair existing authority or remedies of the City. "Sec. 13-2026. Prohibited acts: It is unlawful to: "(a) Fail to submit a vacant building or structure registration within the time pedod specified by subsection (a) of Section 13-2005. "(b) Submit a vacant building or structure registration that does not comply with the requirements of this article. "(c) Fail to comply with the vacant building and structure plan and timetable that was approved by the Administrator. "Sec. 13-2027. Penalties. "(a) Any person violating any provision of this article, or providing false information to the Administrator, may be punished by a fine of not to exceed $2,000_ "(b) Any person convicted of a subsequent violation of this article may be fined not less than $500 nor more than $2,000. "(c) Violations of this article are treated as strict liability offenses. There is no need to prove that the person had an intent to violate this article. "(d) Violations of this article are violations of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse. "(e) Each day any violation of this article continues constitutes a separate offense. "Sec. 13-2028-13-2100. Reserved." Section 2. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance. Section 3. If, for any reason, 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, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. Section 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Vacan[ BIdg On:l Final 051804.doc 12 Corpus Chdsti, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison 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 Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED this the ATTEST: __ day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ,20~ Samuel L. NeaI, Jr. Mayor First At~ist-ant C~ AttorrYe.~ ~'"'~-.f.f_,~ ~ J for the CityAttomey ~" ---- ~ Vacant BIdg Oral Final 051804.doc 13 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of Proposed FY 2004-2005 Operating Budget STAFF PRESENTER(S): Name Mark L. McDaniel Title/Position ACM-Support Services Department ISSUE: The City Charter requires the City Manager to submit a budget proposal to the Council at least 60 days prior to the beginning of the fiscal year. REQUIRED COUNCIL ACTION: No formal action is required at this time. This initial presentation will include a general overview of FY 2004-2005 proposed revenues and expenditures and subsequent presentations in June will include an overview of individual funds. The Cit~ Council is scheduled to adopt the FY 2004-2005 Annual Budget on July 20~h and 27u'. The FY 2004-2005 Proposed Budget will be delivered on Monday, May 24th. Power Point Presentation X Exhibits [] M~'rk L. McDaniel Assistant City Manager Support Services